As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 160

Representatives Celeste, Antonio 

Cosponsors: Representatives Blair, Hagan, R., Murray, Lundy, Foley, Garland, Ramos, Yuko, Heard, Letson, Boose, Williams 

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A BILL

To amend sections 120.03, 120.06, 120.14, 120.16,

1

120.18, 120.24, 120.26, 120.28, 120.33, 120.34,

2

1901.183, 2152.13, 2152.67, 2301.20, 2313.37,

3

2701.07, 2901.02, 2909.24, 2929.02, 2929.13,

4

2929.14, 2941.14, 2941.148, 2941.401, 2941.43,

5

2941.51, 2945.06, 2945.21, 2945.25, 2945.38,

6

2953.02, 2953.07, 2953.08, 2953.09, 2953.10,

7

2953.21, 2953.23, 2953.71, 2953.72, 2953.81,

8

2967.05, 2967.13, 2967.193, 2971.03, 2971.07,

9

5120.61, and 5919.16 and to repeal sections

10

109.97, 120.35, 2929.021, 2929.022, 2929.023,

11

2929.024, 2929.03, 2929.04, 2929.05, 2929.06,

12

2947.08, 2949.02, 2949.03, 2949.21, 2949.22,

13

2949.24, 2949.25, 2949.26, 2949.27, 2949.28,

14

2949.29, 2949.31, and 2967.08 of the Revised Code

15

to abolish the death penalty and to declare an

16

emergency.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 120.03, 120.06, 120.14, 120.16,	18
120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183, 2152.13,	19
2152.67, 2301.20, 2313.37, 2701.07, 2901.02, 2909.24, 2929.02,	20
2929.13, 2929.14, 2941.14, 2941.148, 2941.401, 2941.43, 2941.51,	21
2945.06, 2945.21, 2945.25, 2945.38, 2949.02, 2949.03, 2953.02,	22
2953.07, 2953.08, 2953.09, 2953.10, 2953.21, 2953.23, 2953.71,	23
2953.72, 2953.81, 2967.05, 2967.13, 2967.193, 2971.03, 2971.07,	24
5120.61, and 5919.16 of the Revised Code be amended to read as	25
follows:	26

Sec. 120.03.  (A) The Ohio public defender commission shall	27
appoint the state public defender, who shall serve at the pleasure	28
of the commission.	29

(B) The Ohio public defender commission shall establish rules	30
for the conduct of the offices of the county and joint county	31
public defenders and for the conduct of county appointed counsel	32
systems in the state. These rules shall include, but are not	33
limited to, the following:	34

(1) Standards of indigency and minimum qualifications for	35
legal representation by a public defender or appointed counsel. In	36
establishing standards of indigency and determining who is	37
eligible for legal representation by a public defender or	38
appointed counsel, the commission shall consider an indigent	39
person to be an individual who at the time histhe person's need	40
is determined is unable to provide for the payment of an attorney	41
and all other necessary expenses of representation. Release on	42
bail shall not prevent a person from being determined to be	43
indigent.	44

(2) Standards for the hiring of outside counsel;

45

(3) Standards for contracts by a public defender with law	46
schools, legal aid societies, and nonprofit organizations for	47
providing counsel;	48

(4) Standards for the qualifications, training, and size of	49
the legal and supporting staff for a public defender, facilities,	50
and other requirements needed to maintain and operate an office of	51
a public defender;	52

(5) Minimum caseload standards;

53

(6) Procedures for the assessment and collection of the costs	54
of legal representation that is provided by public defenders or	55
appointed counsel;	56

(7) Standards and guidelines for determining whether a client	57
is able to make an up-front contribution toward the cost of his	58
the client's legal representation;	59

(8) Procedures for the collection of up-front contributions	60
from clients who are able to contribute toward the cost of their	61
legal representation, as determined pursuant to the standards and	62
guidelines developed under division (B)(7) of this section. All of	63
such up-front contributions shall be paid into the appropriate	64
county fund.	65

(9) Standards for contracts between a board of county	66
commissioners, a county public defender commission, or a joint	67
county public defender commission and a municipal corporation for	68
the legal representation of indigent persons charged with	69
violations of the ordinances of the municipal corporation.	70

(C) The Ohio public defender commission shall adopt rules	71
prescribing minimum qualifications of counsel appointed pursuant	72
to this chapter or appointed by the courts. Without limiting its	73
general authority to prescribe different qualifications for	74
different categories of appointed counsel, the commission shall	75
prescribe, by rule, special qualifications for counsel and	76
co-counsel appointed in capital cases.	77

(D) In administering the office of the Ohio public defender	78
commission:	79

(1) The commission shall do the following:

80

(a) Approve an annual operating budget;

81

(b) Make an annual report to the governor, the general	82
assembly, and the supreme court of Ohio on the operation of the	83
state public defender's office, the county appointed counsel	84
systems, and the county and joint county public defenders'	85
offices.	86

(2) The commission may do the following:

87

(a) Accept the services of volunteer workers and consultants	88
at no compensation other than reimbursement of actual and	89
necessary expenses;	90

(b) Prepare and publish statistical and case studies and	91
other data pertinent to the legal representation of indigent	92
persons;	93

(c) Conduct programs having a general objective of training	94
and educating attorneys and others in the legal representation of	95
indigent persons.	96

(E) There is hereby established in the state treasury the	97
public defender training fund for the deposit of fees received by	98
the Ohio public defender commission from educational seminars, and	99
the sale of publications, on topics concerning criminal law and	100
procedure. Expenditures from this fund shall be made only for the	101
operation of activities authorized by division (D)(2)(c) of this	102
section.	103

(F)(1) In accordance with sections 109.02, 109.07, and	104
109.361 to 109.366 of the Revised Code, but subject to division	105
(E) of section 120.06 of the Revised Code, the attorney general	106
shall represent or provide for the representation of the Ohio	107
public defender commission, the state public defender, assistant	108
state public defenders, and other employees of the commission or	109
the state public defender.	110

(2) Subject to division (E) of section 120.06 of the Revised	111
Code, the attorney general shall represent or provide for the	112
representation of attorneys described in division (C) of section	113
120.41 of the Revised Code in malpractice or other civil actions	114
or proceedings that arise from alleged actions or omissions	115
related to responsibilities derived pursuant to this chapter, or	116
in civil actions that are based upon alleged violations of the	117
constitution or statutes of the United States, including section	118
1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979),	119
42 U.S.C.A. 1983, as amended, and that arise from alleged actions	120
or omissions related to responsibilities derived pursuant to this	121
chapter. For purposes of the representation, sections 109.361 to	122
109.366 of the Revised Code shall apply to an attorney described	123
in division (C) of section 120.41 of the Revised Code as if hethe	124
attorney were an officer or employee, as defined in section 109.36	125
of the Revised Code, and the Ohio public defender commission or	126
the state public defender, whichever contracted with the attorney,	127
shall be considered histhe attorney's employer.	128

Sec. 120.06.  (A)(1) The state public defender, when	129
designated by the court or requested by a county public defender	130
or joint county public defender, may provide legal representation	131
in all courts throughout the state to indigent adults and	132
juveniles who are charged with the commission of an offense or act	133
for which the penalty or any possible adjudication includes the	134
potential loss of liberty.	135

(2) The state public defender may provide legal	136
representation to any indigent person who, while incarcerated in	137
any state correctional institution, is charged with a felony	138
offense, for which the penalty or any possible adjudication that	139
may be imposed by a court upon conviction includes the potential	140
loss of liberty.	141

(3) The state public defender may provide legal	142
representation to any person incarcerated in any correctional	143
institution of the state, in any matter in which the person	144
asserts the person is unlawfully imprisoned or detained.	145

(4) The state public defender, in any case in which the state	146
public defender has provided legal representation or is requested	147
to do so by a county public defender or joint county public	148
defender, may provide legal representation on appeal.	149

(5) The state public defender, when designated by the court	150
or requested by a county public defender, joint county public	151
defender, or the director of rehabilitation and correction, shall	152
provide legal representation in parole and probation revocation	153
matters or matters relating to the revocation of community control	154
or post-release control under a community control sanction or	155
post-release control sanction, unless the state public defender	156
finds that the alleged parole or probation violator or alleged	157
violator of a community control sanction or post-release control	158
sanction has the financial capacity to retain the alleged	159
violator's own counsel.	160

(6) If the state public defender contracts with a county	161
public defender commission, a joint county public defender	162
commission, or a board of county commissioners for the provision	163
of services, under authority of division (C)(7) of section 120.04	164
of the Revised Code, the state public defender shall provide legal	165
representation in accordance with the contract.	166

(B) The state public defender shall not be required to	167
prosecute any appeal, postconviction remedy, or other proceeding	168
pursuant to division (A)(3), (4), or (5) of this section, unless	169
the state public defender first is satisfied that there is	170
arguable merit to the proceeding.	171

(C) A court may appoint counsel or allow an indigent person	172
to select the indigent's own personal counsel to assist the state	173
public defender as co-counsel when the interests of justice so	174
require. When co-counsel is appointed to assist the state public	175
defender, the co-counsel shall receive any compensation that the	176
court may approve, not to exceed the amounts provided for in	177
section 2941.51 of the Revised Code.	178

(D)(1) When the state public defender is designated by the	179
court or requested by a county public defender or joint county	180
public defender to provide legal representation for an indigent	181
person in any case, other than pursuant to a contract entered into	182
under authority of division (C)(7) of section 120.04 of the	183
Revised Code, the state public defender shall send to the county	184
in which the case is filed a bill detailing the actual cost of the	185
representation that separately itemizes legal fees and expenses.	186
The county, upon receipt of an itemized bill from the state public	187
defender pursuant to this division, shall pay the state public	188
defender each of the following amounts:	189

(a) For the amount identified as legal fees in the itemized	190
bill, one hundred per cent of the amount identified as legal fees	191
less the state reimbursement rate as calculated by the state	192
public defender pursuant to section 120.34 of the Revised Code for	193
the month the case terminated, as set forth in the itemized bill;	194

(b) For the amount identified as expenses in the itemized	195
bill, one hundred per cent.	196

(2) Upon payment of the itemized bill under division (D)(1)	197
of this section, the county may submit the cost of the expenses,	198
excluding legal fees, to the state public defender for	199
reimbursement pursuant to section 120.33 of the Revised Code.	200

(3) When the state public defender provides investigation or	201
mitigation services to private appointed counsel or to a county or	202
joint county public defender as approved by the appointing court,	203
other than pursuant to a contract entered into under authority of	204
division (C)(7) of section 120.04 of the Revised Code, the state	205
public defender shall send to the county in which the case is	206
filed a bill itemizing the actual cost of the services provided.	207
The county, upon receipt of an itemized bill from the state public	208
defender pursuant to this division, shall pay one hundred per cent	209
of the amount as set forth in the itemized bill. Upon payment of	210
the itemized bill received pursuant to this division, the county	211
may submit the cost of the investigation and mitigation services	212
to the state public defender for reimbursement pursuant to section	213
120.33 of the Revised Code.	214

(4) There is hereby created in the state treasury the county	215
representation fund for the deposit of moneys received from	216
counties under this division. All moneys credited to the fund	217
shall be used by the state public defender to provide legal	218
representation for indigent persons when designated by the court	219
or requested by a county or joint county public defender or to	220
provide investigation or mitigation services, including	221
investigation or mitigation services to private appointed counsel	222
or a county or joint county public defender, as approved by the	223
court.	224

(E)(1) Notwithstanding any contrary provision of sections	225
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	226
that pertains to representation by the attorney general, an	227
assistant attorney general, or special counsel of an officer or	228
employee, as defined in section 109.36 of the Revised Code, or of	229
an entity of state government, the state public defender may elect	230
to contract with, and to have the state pay pursuant to division	231
(E)(2) of this section for the services of, private legal counsel	232
to represent the Ohio public defender commission, the state public	233
defender, assistant state public defenders, other employees of the	234
commission or the state public defender, and attorneys described	235
in division (C) of section 120.41 of the Revised Code in a	236
malpractice or other civil action or proceeding that arises from	237
alleged actions or omissions related to responsibilities derived	238
pursuant to this chapter, or in a civil action that is based upon	239
alleged violations of the constitution or statutes of the United	240
States, including section 1983 of Title 42 of the United States	241
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	242
arises from alleged actions or omissions related to	243
responsibilities derived pursuant to this chapter, if the state	244
public defender determines, in good faith, that the defendant in	245
the civil action or proceeding did not act manifestly outside the	246
scope of the defendant's employment or official responsibilities,	247
with malicious purpose, in bad faith, or in a wanton or reckless	248
manner. If the state public defender elects not to contract	249
pursuant to this division for private legal counsel in a civil	250
action or proceeding, then, in accordance with sections 109.02,	251
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	252
attorney general shall represent or provide for the representation	253
of the Ohio public defender commission, the state public defender,	254
assistant state public defenders, other employees of the	255
commission or the state public defender, or attorneys described in	256
division (C) of section 120.41 of the Revised Code in the civil	257
action or proceeding.	258

(2)(a) Subject to division (E)(2)(b) of this section, payment	259
from the state treasury for the services of private legal counsel	260
with whom the state public defender has contracted pursuant to	261
division (E)(1) of this section shall be accomplished only through	262
the following procedure:	263

(i) The private legal counsel shall file with the attorney	264
general a copy of the contract; a request for an award of legal	265
fees, court costs, and expenses earned or incurred in connection	266
with the defense of the Ohio public defender commission, the state	267
public defender, an assistant state public defender, an employee,	268
or an attorney in a specified civil action or proceeding; a	269
written itemization of those fees, costs, and expenses, including	270
the signature of the state public defender and the state public	271
defender's attestation that the fees, costs, and expenses were	272
earned or incurred pursuant to division (E)(1) of this section to	273
the best of the state public defender's knowledge and information;	274
a written statement whether the fees, costs, and expenses are for	275
all legal services to be rendered in connection with that defense,	276
are only for legal services rendered to the date of the request	277
and additional legal services likely will have to be provided in	278
connection with that defense, or are for the final legal services	279
rendered in connection with that defense; a written statement	280
indicating whether the private legal counsel previously submitted	281
a request for an award under division (E)(2) of this section in	282
connection with that defense and, if so, the date and the amount	283
of each award granted; and, if the fees, costs, and expenses are	284
for all legal services to be rendered in connection with that	285
defense or are for the final legal services rendered in connection	286
with that defense, a certified copy of any judgment entry in the	287
civil action or proceeding or a signed copy of any settlement	288
agreement entered into between the parties to the civil action or	289
proceeding.	290

(ii) Upon receipt of a request for an award of legal fees,	291
court costs, and expenses and the requisite supportive	292
documentation described in division (E)(2)(a)(i) of this section,	293
the attorney general shall review the request and documentation;	294
determine whether any of the limitations specified in division	295
(E)(2)(b) of this section apply to the request; and, if an award	296
of legal fees, court costs, or expenses is permissible after	297
applying the limitations, prepare a document awarding legal fees,	298
court costs, or expenses to the private legal counsel. The	299
document shall name the private legal counsel as the recipient of	300
the award; specify the total amount of the award as determined by	301
the attorney general; itemize the portions of the award that	302
represent legal fees, court costs, and expenses; specify any	303
limitation applied pursuant to division (E)(2)(b) of this section	304
to reduce the amount of the award sought by the private legal	305
counsel; state that the award is payable from the state treasury	306
pursuant to division (E)(2)(a)(iii) of this section; and be	307
approved by the inclusion of the signatures of the attorney	308
general, the state public defender, and the private legal counsel.	309

(iii) The attorney general shall forward a copy of the	310
document prepared pursuant to division (E)(2)(a)(ii) of this	311
section to the director of budget and management. The award of	312
legal fees, court costs, or expenses shall be paid out of the	313
state public defender's appropriations, to the extent there is a	314
sufficient available balance in those appropriations. If the state	315
public defender does not have a sufficient available balance in	316
the state public defender's appropriations to pay the entire award	317
of legal fees, court costs, or expenses, the director shall make	318
application for a transfer of appropriations out of the emergency	319
purposes account or any other appropriation for emergencies or	320
contingencies in an amount equal to the portion of the award that	321
exceeds the sufficient available balance in the state public	322
defender's appropriations. A transfer of appropriations out of the	323
emergency purposes account or any other appropriation for	324
emergencies or contingencies shall be authorized if there are	325
sufficient moneys greater than the sum total of then pending	326
emergency purposes account requests, or requests for releases from	327
the other appropriation. If a transfer of appropriations out of	328
the emergency purposes account or other appropriation for	329
emergencies or contingencies is made to pay an amount equal to the	330
portion of the award that exceeds the sufficient available balance	331
in the state public defender's appropriations, the director shall	332
cause the payment to be made to the private legal counsel. If	333
sufficient moneys do not exist in the emergency purposes account	334
or other appropriation for emergencies or contingencies to pay an	335
amount equal to the portion of the award that exceeds the	336
sufficient available balance in the state public defender's	337
appropriations, the private legal counsel shall request the	338
general assembly to make an appropriation sufficient to pay an	339
amount equal to the portion of the award that exceeds the	340
sufficient available balance in the state public defender's	341
appropriations, and no payment in that amount shall be made until	342
the appropriation has been made. The private legal counsel shall	343
make the request during the current biennium and during each	344
succeeding biennium until a sufficient appropriation is made.	345

(b) An award of legal fees, court costs, and expenses	346
pursuant to division (E) of this section is subject to the	347
following limitations:	348

(i) The maximum award or maximum aggregate of a series of	349
awards of legal fees, court costs, and expenses to the private	350
legal counsel in connection with the defense of the Ohio public	351
defender commission, the state public defender, an assistant state	352
public defender, an employee, or an attorney in a specified civil	353
action or proceeding shall not exceed fifty thousand dollars.	354

(ii) The private legal counsel shall not be awarded legal	355
fees, court costs, or expenses to the extent the fees, costs, or	356
expenses are covered by a policy of malpractice or other	357
insurance.	358

(iii) The private legal counsel shall be awarded legal fees	359
and expenses only to the extent that the fees and expenses are	360
reasonable in light of the legal services rendered by the private	361
legal counsel in connection with the defense of the Ohio public	362
defender commission, the state public defender, an assistant state	363
public defender, an employee, or an attorney in a specified civil	364
action or proceeding.	365

(c) If, pursuant to division (E)(2)(a) of this section, the	366
attorney general denies a request for an award of legal fees,	367
court costs, or expenses to private legal counsel because of the	368
application of a limitation specified in division (E)(2)(b) of	369
this section, the attorney general shall notify the private legal	370
counsel in writing of the denial and of the limitation applied.	371

(d) If, pursuant to division (E)(2)(c) of this section, a	372
private legal counsel receives a denial of an award notification	373
or if a private legal counsel refuses to approve a document under	374
division (E)(2)(a)(ii) of this section because of the proposed	375
application of a limitation specified in division (E)(2)(b) of	376
this section, the private legal counsel may commence a civil	377
action against the attorney general in the court of claims to	378
prove the private legal counsel's entitlement to the award sought,	379
to prove that division (E)(2)(b) of this section does not prohibit	380
or otherwise limit the award sought, and to recover a judgment for	381
the amount of the award sought. A civil action under division	382
(E)(2)(d) of this section shall be commenced no later than two	383
years after receipt of a denial of award notification or, if the	384
private legal counsel refused to approve a document under division	385
(E)(2)(a)(ii) of this section because of the proposed application	386
of a limitation specified in division (E)(2)(b) of this section,	387
no later than two years after the refusal. Any judgment of the	388
court of claims in favor of the private legal counsel shall be	389
paid from the state treasury in accordance with division (E)(2)(a)	390
of this section.	391

(F) If a court appoints the office of the state public	392
defender to represent a petitioner in a postconviction relief	393
proceeding under section 2953.21 of the Revised Code, the	394
petitioner has received a sentence of death, and the proceeding	395
relates to that sentence, all of the attorneys who represent the	396
petitioner in the proceeding pursuant to the appointment, whether	397
an assistant state public defender, the state public defender, or	398
another attorney, shall be certified under Rule 20 of the Rules of	399
Superintendence for the Courts of Ohio to represent indigent	400
defendants charged with or convicted of an offense for which the	401
death penalty can be or has been imposed.	402

(G) As used in this section:

403

(1) "Community control sanction" has the same meaning as in	404
section 2929.01 of the Revised Code.	405

(2) "Post-release control sanction" has the same meaning as	406
in section 2967.01 of the Revised Code.	407

Sec. 120.14.  (A)(1) Except as provided in division (A)(2) of	408
this section, the county public defender commission shall appoint	409
the county public defender and may remove himthe county public	410
defender from office only for good cause.	411

(2) If a county public defender commission contracts with the	412
state public defender or with one or more nonprofit organizations	413
for the state public defender or the organizations to provide all	414
of the services that the county public defender is required or	415
permitted to provide by this chapter, the commission shall not	416
appoint a county public defender.	417

(B) The commission shall determine the qualifications and	418
size of the supporting staff and facilities and other requirements	419
needed to maintain and operate the office of the county public	420
defender.	421

(C) In administering the office of county public defender,	422
the commission shall:	423

(1) Recommend to the county commissioners an annual operating	424
budget which is subject to the review, amendment, and approval of	425
the board of county commissioners;	426

(2)(a) Make an annual report to the county commissioners and	427
the Ohio public defender commission on the operation of the county	428
public defender's office, including complete and detailed	429
information on finances and costs that separately states costs and	430
expenses that are reimbursable under section 120.35 of the Revised	431
Code, and any other data and information requested by the state	432
public defender;	433

(b) Make monthly reports relating to reimbursement and	434
associated case data pursuant to the rules of the Ohio public	435
defender commission to the board of county commissioners and the	436
Ohio public defender commission on the total costs of the public	437
defender's office.	438

(3) Cooperate with the Ohio public defender commission in	439
maintaining the standards established by rules of the Ohio public	440
defender commission pursuant to divisions (B) and (C) of section	441
120.03 of the Revised Code, and cooperate with the state public	442
defender in histhe state public defender's programs providing	443
technical aid and assistance to county systems.	444

(D) The commission may accept the services of volunteer	445
workers and consultants at no compensation except reimbursement	446
for actual and necessary expenses.	447

(E) The commission may contract with any municipal	448
corporation, within the county served by the county public	449
defender, for the county public defender to provide legal	450
representation for indigent persons who are charged with a	451
violation of the ordinances of the municipal corporation.	452

(F) A county public defender commission, with the approval of	453
the board of county commissioners regarding all provisions that	454
pertain to the financing of defense counsel for indigent persons,	455
may contract with the state public defender or with any nonprofit	456
organization, the primary purpose of which is to provide legal	457
representation to indigent persons, for the state public defender	458
or the organization to provide all or any part of the services	459
that a county public defender is required or permitted to provide	460
by this chapter. A contract entered into pursuant to this division	461
may provide for payment for the services provided on a per case,	462
hourly, or fixed contract basis. The state public defender and any	463
nonprofit organization that contracts with a county public	464
defender commission pursuant to this division shall do all of the	465
following:	466

(1) Comply with all standards established by the rules of the	467
Ohio public defender commission;	468

(2) Comply with all standards established by the state public	469
defender;	470

(3) Comply with all statutory duties and other laws	471
applicable to county public defenders.	472

Sec. 120.16.  (A)(1) The county public defender shall provide	473
legal representation to indigent adults and juveniles who are	474
charged with the commission of an offense or act that is a	475
violation of a state statute and for which the penalty or any	476
possible adjudication includes the potential loss of liberty and	477
in postconviction proceedings as defined in this section.	478

(2) The county public defender may provide legal	479
representation to indigent adults and juveniles charged with the	480
violation of an ordinance of a municipal corporation for which the	481
penalty or any possible adjudication includes the potential loss	482
of liberty, if the county public defender commission has	483
contracted with the municipal corporation to provide legal	484
representation for indigent persons charged with a violation of an	485
ordinance of the municipal corporation.	486

(B) The county public defender shall provide the legal	487
representation authorized by division (A) of this section at every	488
stage of the proceedings following arrest, detention, service of	489
summons, or indictment.	490

(C) The county public defender may request the state public	491
defender to prosecute any appeal or other remedy before or after	492
conviction that the county public defender decides is in the	493
interests of justice, and may provide legal representation in	494
parole and probation revocation matters and matters relating to	495
the revocation of community control or post-release control under	496
a community control sanction or post-release control sanction.	497

(D) The county public defender shall not be required to	498
prosecute any appeal, postconviction remedy, or other proceeding,	499
unless the county public defender is first satisfied there is	500
arguable merit to the proceeding.	501

(E) Nothing in this section shall prevent a court from	502
appointing counsel other than the county public defender or from	503
allowing an indigent person to select the indigent person's own	504
personal counsel to represent the indigent person. A court may	505
also appoint counsel or allow an indigent person to select the	506
indigent person's own personal counsel to assist the county public	507
defender as co-counsel when the interests of justice so require.	508

(F) Information as to the right to legal representation by	509
the county public defender or assigned counsel shall be afforded	510
to an accused person immediately upon arrest, when brought before	511
a magistrate, or when formally charged, whichever occurs first.	512

(G) If a court appoints the office of the county public	513
defender to represent a petitioner in a postconviction relief	514
proceeding under section 2953.21 of the Revised Code, the	515
petitioner has received a sentence of death, and the proceeding	516
relates to that sentence, all of the attorneys who represent the	517
petitioner in the proceeding pursuant to the appointment, whether	518
an assistant county public defender or the county public defender,	519
shall be certified under Rule 20 of the Rules of Superintendence	520
for the Courts of Ohio to represent indigent defendants charged	521
with or convicted of an offense for which the death penalty can be	522
or has been imposed.	523

(H) As used in this section:

524

(1) "Community control sanction" has the same meaning as in	525
section 2929.01 of the Revised Code.	526

(2) "Post-release control sanction" has the same meaning as	527
in section 2967.01 of the Revised Code.	528

Sec. 120.18.  (A) The county public defender commission's	529
report to the board of county commissioners shall be audited by	530
the county auditor. The board of county commissioners, after	531
review and approval of the audited report, may then certify it to	532
the state public defender for reimbursement. If a request for the	533
reimbursement of any operating expenditure incurred by a county	534
public defender office is not received by the state public	535
defender within sixty days after the end of the calendar month in	536
which the expenditure is incurred, the state public defender shall	537
not pay the requested reimbursement, unless the county has	538
requested, and the state public defender has granted, an extension	539
of the sixty-day time limit. Each request for reimbursement shall	540
include a certification by the county public defender that the	541
persons provided representation by the county public defender's	542
office during the period covered by the report were indigent and,	543
for each person provided representation during that period, a	544
financial disclosure form completed by the person on a form	545
prescribed by the state public defender. The state public defender	546
shall also review the report and, in accordance with the	547
standards, guidelines, and maximums established pursuant to	548
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	549
prepare a voucher for fifty per cent of the total cost of each	550
county public defender's office for the period of time covered by	551
the certified report and a voucher for fifty per cent of the costs	552
and expenses that are reimbursable under section 120.35 of the	553
Revised Code, if any, or, if the amount of money appropriated by	554
the general assembly to reimburse counties for the operation of	555
county public defender offices, joint county public defender	556
offices, and county appointed counsel systems is not sufficient to	557
pay fifty per cent of the total cost of all of the offices and	558
systems, for the lesser amount required by section 120.34 of the	559
Revised Code. For the purposes of this section, "total cost" means	560
total expenses minus costs and expenses reimbursable under section	561
120.35 of the Revised Code and any funds received by the county	562
public defender commission pursuant to a contract, except a	563
contract entered into with a municipal corporation pursuant to	564
division (E) of section 120.14 of the Revised Code, gift, or	565
grant.	566

(B) If the county public defender fails to maintain the	567
standards for the conduct of the office established by rules of	568
the Ohio public defender commission pursuant to divisions (B) and	569
(C) of section 120.03 or the standards established by the state	570
public defender pursuant to division (B)(7) of section 120.04 of	571
the Revised Code, the Ohio public defender commission shall notify	572
the county public defender commission and the board of county	573
commissioners of the county that the county public defender has	574
failed to comply with its rules or the standards of the state	575
public defender. Unless the county public defender commission or	576
the county public defender corrects the conduct of the county	577
public defender's office to comply with the rules and standards	578
within ninety days after the date of the notice, the state public	579
defender may deny payment of all or part of the county's	580
reimbursement from the state provided for in division (A) of this	581
section.	582

Sec. 120.24.  (A)(1) Except as provided in division (A)(2) of	583
this section, the joint county public defender commission shall	584
appoint the joint county public defender and may remove himthe	585
joint county public defender from office only for good cause.	586

(2) If a joint county public defender commission contracts	587
with the state public defender or with one or more nonprofit	588
organizations for the state public defender or the organizations	589
to provide all of the services that the joint county public	590
defender is required or permitted to provide by this chapter, the	591
commission shall not appoint a joint county public defender.	592

(B) The commission shall determine the qualifications and	593
size of the supporting staff and facilities and other requirements	594
needed to maintain and operate the office.	595

(C) In administering the office of joint county public	596
defender, the commission shall:	597

(1) Recommend to the boards of county commissioners in the	598
district an annual operating budget which is subject to the	599
review, amendment, and approval of the boards of county	600
commissioners in the district;	601

(2)(a) Make an annual report to the boards of county	602
commissioners in the district and the Ohio public defender	603
commission on the operation of the public defender's office,	604
including complete and detailed information on finances and costs	605
that separately states costs and expenses that are reimbursable	606
under section 120.35 of the Revised Code, and such other data and	607
information requested by the state public defender;	608

(b) Make monthly reports relating to reimbursement and	609
associated case data pursuant to the rules of the Ohio public	610
defender commission to the boards of county commissioners in the	611
district and the Ohio public defender commission on the total	612
costs of the public defender's office.	613

(3) Cooperate with the Ohio public defender commission in	614
maintaining the standards established by rules of the Ohio public	615
defender commission pursuant to divisions (B) and (C) of section	616
120.03 of the Revised Code, and cooperate with the state public	617
defender in histhe state public defender's programs providing	618
technical aid and assistance to county systems.	619

(D) The commission may accept the services of volunteer	620
workers and consultants at no compensation except reimbursement	621
for actual and necessary expenses.	622

(E) The commission may contract with any municipal	623
corporation, within the counties served by the joint county public	624
defender, for the joint county public defender to provide legal	625
representation for indigent persons who are charged with a	626
violation of the ordinances of the municipal corporation.	627

(F) A joint county public defender commission, with the	628
approval of each participating board of county commissioners	629
regarding all provisions that pertain to the financing of defense	630
counsel for indigent persons, may contract with the state public	631
defender or with any nonprofit organization, the primary purpose	632
of which is to provide legal representation to indigent persons,	633
for the state public defender or the organization to provide all	634
or any part of the services that a joint county public defender is	635
required or permitted to provide by this chapter. A contract	636
entered into pursuant to this division may provide for payment for	637
the services provided on a per case, hourly, or fixed contract	638
basis. The state public defender and any nonprofit organization	639
that contracts with a joint county public defender commission	640
pursuant to this division shall do all of the following:	641

(1) Comply with all standards established by the rules of the	642
Ohio public defender commission;	643

(2) Comply with all standards established by the Ohio public	644
defender;	645

(3) Comply with all statutory duties and other laws	646
applicable to joint county public defenders.	647

Sec. 120.26.  (A)(1) The joint county public defender shall	648
provide legal representation to indigent adults and juveniles who	649
are charged with the commission of an offense or act that is a	650
violation of a state statute and for which the penalty or any	651
possible adjudication includes the potential loss of liberty and	652
in postconviction proceedings as defined in this section.	653

(2) The joint county public defender may provide legal	654
representation to indigent adults and juveniles charged with the	655
violation of an ordinance of a municipal corporation for which the	656
penalty or any possible adjudication includes the potential loss	657
of liberty, if the joint county public defender commission has	658
contracted with the municipal corporation to provide legal	659
representation for indigent persons charged with a violation of an	660
ordinance of the municipal corporation.	661

(B) The joint county public defender shall provide the legal	662
representation authorized by division (A) of this section at every	663
stage of the proceedings following arrest, detention, service of	664
summons, or indictment.	665

(C) The joint county public defender may request the Ohio	666
public defender to prosecute any appeal or other remedy before or	667
after conviction that the joint county public defender decides is	668
in the interests of justice and may provide legal representation	669
in parole and probation revocation matters and matters relating to	670
the revocation of community control or post-release control under	671
a community control sanction or post-release control sanction.	672

(D) The joint county public defender shall not be required to	673
prosecute any appeal, postconviction remedy, or other proceeding,	674
unless the joint county public defender is first satisfied that	675
there is arguable merit to the proceeding.	676

(E) Nothing in this section shall prevent a court from	677
appointing counsel other than the joint county public defender or	678
from allowing an indigent person to select the indigent person's	679
own personal counsel to represent the indigent person. A court may	680
also appoint counsel or allow an indigent person to select the	681
indigent person's own personal counsel to assist the joint county	682
public defender as co-counsel when the interests of justice so	683
require.	684

(F) Information as to the right to legal representation by	685
the joint county public defender or assigned counsel shall be	686
afforded to an accused person immediately upon arrest, when	687
brought before a magistrate, or when formally charged, whichever	688
occurs first.	689

(G) If a court appoints the office of the joint county public	690
defender to represent a petitioner in a postconviction relief	691
proceeding under section 2953.21 of the Revised Code, the	692
petitioner has received a sentence of death, and the proceeding	693
relates to that sentence, all of the attorneys who represent the	694
petitioner in the proceeding pursuant to the appointment, whether	695
an assistant joint county defender or the joint county public	696
defender, shall be certified under Rule 20 of the Rules of	697
Superintendence for the Courts of Ohio to represent indigent	698
defendants charged with or convicted of an offense for which the	699
death penalty can be or has been imposed.	700

(H) As used in this section:

701

(1) "Community control sanction" has the same meaning as in	702
section 2929.01 of the Revised Code.	703

(2) "Post-release control sanction" has the same meaning as	704
in section 2967.01 of the Revised Code.	705

Sec. 120.28.  (A) The joint county public defender	706
commission's report to the joint board of county commissioners	707
shall be audited by the fiscal officer of the district. The joint	708
board of county commissioners, after review and approval of the	709
audited report, may then certify it to the state public defender	710
for reimbursement. If a request for the reimbursement of any	711
operating expenditure incurred by a joint county public defender	712
office is not received by the state public defender within sixty	713
days after the end of the calendar month in which the expenditure	714
is incurred, the state public defender shall not pay the requested	715
reimbursement, unless the joint board of county commissioners has	716
requested, and the state public defender has granted, an extension	717
of the sixty-day time limit. Each request for reimbursement shall	718
include a certification by the joint county public defender that	719
all persons provided representation by the joint county public	720
defender's office during the period covered by the request were	721
indigent and, for each person provided representation during that	722
period, a financial disclosure form completed by the person on a	723
form prescribed by the state public defender. The state public	724
defender shall also review the report and, in accordance with the	725
standards, guidelines, and maximums established pursuant to	726
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	727
prepare a voucher for fifty per cent of the total cost of each	728
joint county public defender's office for the period of time	729
covered by the certified report and a voucher for fifty per cent	730
of the costs and expenses that are reimbursable under section	731
120.35 of the Revised Code, if any, or, if the amount of money	732
appropriated by the general assembly to reimburse counties for the	733
operation of county public defender offices, joint county public	734
defender offices, and county appointed counsel systems is not	735
sufficient to pay fifty per cent of the total cost of all of the	736
offices and systems, for the lesser amount required by section	737
120.34 of the Revised Code. For purposes of this section, "total	738
cost" means total expenses minus costs and expenses reimbursable	739
under section 120.35 of the Revised Code and any funds received by	740
the joint county public defender commission pursuant to a	741
contract, except a contract entered into with a municipal	742
corporation pursuant to division (E) of section 120.24 of the	743
Revised Code, gift, or grant. Each county in the district shall be	744
entitled to a share of such state reimbursement in proportion to	745
the percentage of the total cost it has agreed to pay.	746

(B) If the joint county public defender fails to maintain the	747
standards for the conduct of the office established by the rules	748
of the Ohio public defender commission pursuant to divisions (B)	749
and (C) of section 120.03 or the standards established by the	750
state public defender pursuant to division (B)(7) of section	751
120.04 of the Revised Code, the Ohio public defender commission	752
shall notify the joint county public defender commission and the	753
board of county commissioners of each county in the district that	754
the joint county public defender has failed to comply with its	755
rules or the standards of the state public defender. Unless the	756
joint public defender commission or the joint county public	757
defender corrects the conduct of the joint county public	758
defender's office to comply with the rules and standards within	759
ninety days after the date of the notice, the state public	760
defender may deny all or part of the counties' reimbursement from	761
the state provided for in division (A) of this section.	762

Sec. 120.33.  (A) In lieu of using a county public defender	763
or joint county public defender to represent indigent persons in	764
the proceedings set forth in division (A) of section 120.16 of the	765
Revised Code, the board of county commissioners of any county may	766
adopt a resolution to pay counsel who are either personally	767
selected by the indigent person or appointed by the court. The	768
resolution shall include those provisions the board of county	769
commissioners considers necessary to provide effective	770
representation of indigent persons in any proceeding for which	771
counsel is provided under this section. The resolution shall	772
include provisions for contracts with any municipal corporation	773
under which the municipal corporation shall reimburse the county	774
for counsel appointed to represent indigent persons charged with	775
violations of the ordinances of the municipal corporation.	776

(1) In a county that adopts a resolution to pay counsel, an	777
indigent person shall have the right to do either of the	778
following:	779

(a) To select the person's own personal counsel to represent	780
the person in any proceeding included within the provisions of the	781
resolution;	782

(b) To request the court to appoint counsel to represent the	783
person in such a proceeding.	784

(2) The court having jurisdiction over the proceeding in a	785
county that adopts a resolution to pay counsel shall, after	786
determining that the person is indigent and entitled to legal	787
representation under this section, do either of the following:	788

(a) By signed journal entry recorded on its docket, enter the	789
name of the lawyer selected by the indigent person as counsel of	790
record;	791

(b) Appoint counsel for the indigent person if the person has	792
requested the court to appoint counsel and, by signed journal	793
entry recorded on its dockets, enter the name of the lawyer	794
appointed for the indigent person as counsel of record.	795

(3) The board of county commissioners shall establish a	796
schedule of fees by case or on an hourly basis to be paid to	797
counsel for legal services provided pursuant to a resolution	798
adopted under this section. Prior to establishing the schedule,	799
the board of county commissioners shall request the bar	800
association or associations of the county to submit a proposed	801
schedule. The schedule submitted shall be subject to the review,	802
amendment, and approval of the board of county commissioners.	803

(4) Counsel selected by the indigent person or appointed by	804
the court at the request of an indigent person in a county that	805
adopts a resolution to pay counsel, except for counsel appointed	806
to represent a person charged with any violation of an ordinance	807
of a municipal corporation that has not contracted with the county	808
commissioners for the payment of appointed counsel, shall be paid	809
by the county and shall receive the compensation and expenses the	810
court approves. Each request for payment shall be accompanied by a	811
financial disclosure form and an affidavit of indigency that are	812
completed by the indigent person on forms prescribed by the state	813
public defender. Compensation and expenses shall not exceed the	814
amounts fixed by the board of county commissioners in the schedule	815
adopted pursuant to division (A)(3) of this section. No court	816
shall approve compensation and expenses that exceed the amount	817
fixed pursuant to division (A)(3) of this section.	818

The fees and expenses approved by the court shall not be	819
taxed as part of the costs and shall be paid by the county.	820
However, if the person represented has, or may reasonably be	821
expected to have, the means to meet some part of the cost of the	822
services rendered to the person, the person shall pay the county	823
an amount that the person reasonably can be expected to pay.	824
Pursuant to section 120.04 of the Revised Code, the county shall	825
pay to the state public defender a percentage of the payment	826
received from the person in an amount proportionate to the	827
percentage of the costs of the person's case that were paid to the	828
county by the state public defender pursuant to this section. The	829
money paid to the state public defender shall be credited to the	830
client payment fund created pursuant to division (B)(5) of section	831
120.04 of the Revised Code.	832

The county auditor shall draw a warrant on the county	833
treasurer for the payment of counsel in the amount fixed by the	834
court, plus the expenses the court fixes and certifies to the	835
auditor. The county auditor shall report periodically, but not	836
less than annually, to the board of county commissioners and to	837
the state public defender the amounts paid out pursuant to the	838
approval of the court. The board of county commissioners, after	839
review and approval of the auditor's report, or the county	840
auditor, with permission from and notice to the board of county	841
commissioners, may then certify it to the state public defender	842
for reimbursement. The state public defender may pay a requested	843
reimbursement only if the request for reimbursement is accompanied	844
by a financial disclosure form and an affidavit of indigency	845
completed by the indigent person on forms prescribed by the state	846
public defender or if the court certifies by electronic signature	847
as prescribed by the state public defender that a financial	848
disclosure form and affidavit of indigency have been completed by	849
the indigent person and are available for inspection. If a request	850
for the reimbursement of the cost of counsel in any case is not	851
received by the state public defender within ninety days after the	852
end of the calendar month in which the case is finally disposed of	853
by the court, unless the county has requested and the state public	854
defender has granted an extension of the ninety-day limit, the	855
state public defender shall not pay the requested reimbursement.	856
The state public defender shall also review the report and, in	857
accordance with the standards, guidelines, and maximums	858
established pursuant to divisions (B)(7) and (8) of section 120.04	859
of the Revised Code, prepare a voucher for fifty per cent of the	860
total cost of each county appointed counsel system in the period	861
of time covered by the certified report and a voucher for fifty	862
per cent of the costs and expenses that are reimbursable under	863
section 120.35 of the Revised Code, if any, or, if the amount of	864
money appropriated by the general assembly to reimburse counties	865
for the operation of county public defender offices, joint county	866
public defender offices, and county appointed counsel systems is	867
not sufficient to pay fifty per cent of the total cost of all of	868
the offices and systems other than costs and expenses that are	869
reimbursable under section 120.35 of the Revised Code, for the	870
lesser amount required by section 120.34 of the Revised Code.	871

(5) If any county appointed counsel system fails to maintain	872
the standards for the conduct of the system established by the	873
rules of the Ohio public defender commission pursuant to divisions	874
(B) and (C) of section 120.03 or the standards established by the	875
state public defender pursuant to division (B)(7) of section	876
120.04 of the Revised Code, the Ohio public defender commission	877
shall notify the board of county commissioners of the county that	878
the county appointed counsel system has failed to comply with its	879
rules or the standards of the state public defender. Unless the	880
board of county commissioners corrects the conduct of its	881
appointed counsel system to comply with the rules and standards	882
within ninety days after the date of the notice, the state public	883
defender may deny all or part of the county's reimbursement from	884
the state provided for in division (A)(4) of this section.	885

(B) In lieu of using a county public defender or joint county	886
public defender to represent indigent persons in the proceedings	887
set forth in division (A) of section 120.16 of the Revised Code,	888
and in lieu of adopting the resolution and following the procedure	889
described in division (A) of this section, the board of county	890
commissioners of any county may contract with the state public	891
defender for the state public defender's legal representation of	892
indigent persons. A contract entered into pursuant to this	893
division may provide for payment for the services provided on a	894
per case, hourly, or fixed contract basis.	895

(C) If a court appoints an attorney pursuant to this section	896
to represent a petitioner in a postconviction relief proceeding	897
under section 2953.21 of the Revised Code, the petitioner has	898
received a sentence of death, and the proceeding relates to that	899
sentence, the attorney who represents the petitioner in the	900
proceeding pursuant to the appointment shall be certified under	901
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	902
represent indigent defendants charged with or convicted of an	903
offense for which the death penalty can be or has been imposed.	904

Sec. 120.34.  The total amount of money paid to all counties	905
in any fiscal year pursuant to sections 120.18, 120.28, and 120.33	906
of the Revised Code for the reimbursement of a percentage of the	907
counties' cost of operating county public defender offices, joint	908
county public defender offices, and county appointed counsel	909
systems shall not exceed the total amount appropriated for that	910
fiscal year by the general assembly for the reimbursement of the	911
counties for the operation of the offices and systems. If the	912
amount appropriated by the general assembly in any fiscal year is	913
insufficient to pay fifty per cent of the total cost in the fiscal	914
year of all county public defender offices, all joint county	915
public defender offices, and all county appointed counsel systems,	916
the amount of money paid in that fiscal year pursuant to sections	917
120.18, 120.28, and 120.33 of the Revised Code to each county for	918
the fiscal year shall be reduced proportionately so that each	919
county is paid an equal percentage of its total cost in the fiscal	920
year for operating its county public defender system, its joint	921
county public defender system, and its county appointed counsel	922
system.	923

The total amount of money paid to all counties in any fiscal	924
year pursuant to section 120.35 of the Revised Code for the	925
reimbursement of a percentage of the counties' costs and expenses	926
of conducting the defense in capital cases shall not exceed the	927
total amount appropriated for that fiscal year by the general	928
assembly for the reimbursement of the counties for conducting the	929
defense in capital cases. If the amount appropriated by the	930
general assembly in any fiscal year is insufficient to pay fifty	931
per cent of the counties' total costs and expenses of conducting	932
the defense in capital cases in the fiscal year, the amount of	933
money paid in that fiscal year pursuant to section 120.35 of the	934
Revised Code to each county for the fiscal year shall be reduced	935
proportionately so that each county is paid an equal percentage of	936
its costs and expenses of conducting the defense in capital cases	937
in the fiscal year.	938

If any county receives an amount of money pursuant to section	939
120.18, 120.28, or 120.33, or 120.35 of the Revised Code that is	940
in excess of the amount of reimbursement it is entitled to receive	941
pursuant to this section, the state public defender shall request	942
the board of county commissioners to return the excess payment and	943
the board of county commissioners, upon receipt of the request,	944
shall direct the appropriate county officer to return the excess	945
payment to the state.	946

Within thirty days of the end of each fiscal quarter, the	947
state public defender shall provide to the office of budget and	948
management and the legislative budget office of the legislative	949
service commission an estimate of the amount of money that will be	950
required for the balance of the fiscal year to make the payments	951
required by sections 120.18, 120.28, and 120.33, and 120.35 of the	952
Revised Code.	953

Sec. 1901.183.  In addition to jurisdiction otherwise granted	954
in this chapter, the environmental division of a municipal court	955
shall have jurisdiction within its territory in all of the	956
following actions or proceedings and to perform all of the	957
following functions:	958

(A) Notwithstanding any monetary limitations in section	959
1901.17 of the Revised Code, in all actions and proceedings for	960
the sale of real or personal property under lien of a judgment of	961
the environmental division of the municipal court, or a lien for	962
machinery, material, fuel furnished, or labor performed,	963
irrespective of amount, and, in those cases, the environmental	964
division may proceed to foreclose and marshal all liens and all	965
vested or contingent rights, to appoint a receiver, and to render	966
personal judgment irrespective of amount in favor of any party;	967

(B) When in aid of execution of a judgment of the	968
environmental division of the municipal court, in all actions for	969
the foreclosure of a mortgage on real property given to secure the	970
payment of money, or the enforcement of a specific lien for money	971
or other encumbrance or charge on real property, when the real	972
property is situated within the territory, and, in those cases,	973
the environmental division may proceed to foreclose all liens and	974
all vested and contingent rights and proceed to render judgments,	975
and make findings and orders, between the parties, in the same	976
manner and to the same extent as in similar cases in the court of	977
common pleas;	978

(C) When in aid of execution of a judgment of the	979
environmental division of the municipal court, in all actions for	980
the recovery of real property situated within the territory to the	981
same extent as courts of common pleas have jurisdiction;	982

(D) In all actions for injunction to prevent or terminate	983
violations of the ordinances and regulations of any municipal	984
corporation within its territory enacted or promulgated under the	985
police power of that municipal corporation pursuant to Section 3	986
of Article XVIII, Ohio Constitution, over which the court of	987
common pleas has or may have jurisdiction, and, in those cases,	988
the environmental division of the municipal court may proceed to	989
render judgments, and make findings and orders, in the same manner	990
and to the same extent as in similar cases in the court of common	991
pleas;	992

(E) In all actions for injunction to prevent or terminate	993
violations of the resolutions and regulations of any political	994
subdivision within its territory enacted or promulgated under the	995
power of that political subdivision pursuant to Article X of the	996
Ohio Constitution, over which the court of common pleas has or may	997
have jurisdiction, and, in those cases, the environmental division	998
of the municipal court may proceed to render judgments, and make	999
findings and orders, in the same manner and to the same extent as	1000
in similar cases in the court of common pleas;	1001

(F) In any civil action to enforce any provision of Chapter	1002
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1003
over which the court of common pleas has or may have jurisdiction,	1004
and, in those actions, the environmental division of the municipal	1005
court may proceed to render judgments, and make findings and	1006
orders, in the same manner and to the same extent as in similar	1007
actions in the court of common pleas;	1008

(G) In all actions and proceedings in the nature of	1009
creditors' bills, and in aid of execution to subject the interests	1010
of a judgment debtor in real or personal property to the payment	1011
of a judgment of the division, and, in those actions and	1012
proceedings, the environmental division may proceed to marshal and	1013
foreclose all liens on the property irrespective of the amount of	1014
the lien, and all vested or contingent rights in the property;	1015

(H) Concurrent jurisdiction with the court of common pleas of	1016
all criminal actions or proceedings related to the pollution of	1017
the air, ground, or water within the territory of the	1018
environmental division of the municipal court, for which a	1019
sentence of death cannot be imposed under Chapter 2903. of the	1020
Revised Code;	1021

(I) In any review or appeal of any final order of any	1022
administrative officer, agency, board, department, tribunal,	1023
commission, or other instrumentality that relates to a local	1024
building, housing, air pollution, sanitation, health, fire,	1025
zoning, or safety code, ordinance, or regulation, in the same	1026
manner and to the same extent as in similar appeals in the court	1027
of common pleas.	1028

Sec. 2152.13.  (A) A juvenile court may impose a serious	1029
youthful offender dispositional sentence on a child only if the	1030
prosecuting attorney of the county in which the delinquent act	1031
allegedly occurred initiates the process against the child in	1032
accordance with this division, and the child is an alleged	1033
delinquent child who is eligible for the dispositional sentence.	1034
The prosecuting attorney may initiate the process in any of the	1035
following ways:	1036

(1) Obtaining an indictment of the child as a serious	1037
youthful offender;	1038

(2) The child waives the right to indictment, charging the	1039
child in a bill of information as a serious youthful offender;	1040

(3) Until an indictment or information is obtained,	1041
requesting a serious youthful offender dispositional sentence in	1042
the original complaint alleging that the child is a delinquent	1043
child;	1044

(4) Until an indictment or information is obtained, if the	1045
original complaint does not request a serious youthful offender	1046
dispositional sentence, filing with the juvenile court a written	1047
notice of intent to seek a serious youthful offender dispositional	1048
sentence within twenty days after the later of the following,	1049
unless the time is extended by the juvenile court for good cause	1050
shown:	1051

(a) The date of the child's first juvenile court hearing	1052
regarding the complaint;	1053

(b) The date the juvenile court determines not to transfer	1054
the case under section 2152.12 of the Revised Code.	1055

After a written notice is filed under division (A)(4) of this	1056
section, the juvenile court shall serve a copy of the notice on	1057
the child and advise the child of the prosecuting attorney's	1058
intent to seek a serious youthful offender dispositional sentence	1059
in the case.	1060

(B) If an alleged delinquent child is not indicted or charged	1061
by information as described in division (A)(1) or (2) of this	1062
section and if a notice or complaint as described in division	1063
(A)(3) or (4) of this section indicates that the prosecuting	1064
attorney intends to pursue a serious youthful offender	1065
dispositional sentence in the case, the juvenile court shall hold	1066
a preliminary hearing to determine if there is probable cause that	1067
the child committed the act charged and is by age eligible for, or	1068
required to receive, a serious youthful offender dispositional	1069
sentence.	1070

(C)(1) A child for whom a serious youthful offender	1071
dispositional sentence is sought has the right to a grand jury	1072
determination of probable cause that the child committed the act	1073
charged and that the child is eligible by age for a serious	1074
youthful offender dispositional sentence. The grand jury may be	1075
impaneled by the court of common pleas or the juvenile court.	1076

Once a child is indicted, or charged by information or the	1077
juvenile court determines that the child is eligible for a serious	1078
youthful offender dispositional sentence, the child is entitled to	1079
an open and speedy trial by jury in juvenile court and to be	1080
provided with a transcript of the proceedings. The time within	1081
which the trial is to be held under Title XXIX of the Revised Code	1082
commences on whichever of the following dates is applicable:	1083

(a) If the child is indicted or charged by information, on	1084
the date of the filing of the indictment or information.	1085

(b) If the child is charged by an original complaint that	1086
requests a serious youthful offender dispositional sentence, on	1087
the date of the filing of the complaint.	1088

(c) If the child is not charged by an original complaint that	1089
requests a serious youthful offender dispositional sentence, on	1090
the date that the prosecuting attorney files the written notice of	1091
intent to seek a serious youthful offender dispositional sentence.	1092

(2) If the child is detained awaiting adjudication, upon	1093
indictment or being charged by information, the child has the same	1094
right to bail as an adult charged with the offense the alleged	1095
delinquent act would be if committed by an adult. Except as	1096
provided in division (D) of section 2152.14 of the Revised Code,	1097
all provisions of Title XXIX of the Revised Code and the Criminal	1098
Rules shall apply in the case and to the child. The juvenile court	1099
shall afford the child all rights afforded a person who is	1100
prosecuted for committing a crime including the right to counsel	1101
and the right to raise the issue of competency. The child may not	1102
waive the right to counsel.	1103

(D)(1) If a child is adjudicated a delinquent child for	1104
committing an act under circumstances that require the juvenile	1105
court to impose upon the child a serious youthful offender	1106
dispositional sentence under section 2152.11 of the Revised Code,	1107
all of the following apply:	1108

(a) The juvenile court shall impose upon the child a sentence	1109
available for the violation, as if the child were an adult, under	1110
Chapter 2929. of the Revised Code, except that the juvenile court	1111
shall not impose on the child a sentence of death or life	1112
imprisonment without parole.	1113

(b) The juvenile court also shall impose upon the child one	1114
or more traditional juvenile dispositions under sections 2152.16,	1115
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	1116
Revised Code.	1117

(c) The juvenile court shall stay the adult portion of the	1118
serious youthful offender dispositional sentence pending the	1119
successful completion of the traditional juvenile dispositions	1120
imposed.	1121

(2)(a) If a child is adjudicated a delinquent child for	1122
committing an act under circumstances that allow, but do not	1123
require, the juvenile court to impose on the child a serious	1124
youthful offender dispositional sentence under section 2152.11 of	1125
the Revised Code, all of the following apply:	1126

(i) If the juvenile court on the record makes a finding that,	1127
given the nature and circumstances of the violation and the	1128
history of the child, the length of time, level of security, and	1129
types of programming and resources available in the juvenile	1130
system alone are not adequate to provide the juvenile court with a	1131
reasonable expectation that the purposes set forth in section	1132
2152.01 of the Revised Code will be met, the juvenile court may	1133
impose upon the child a sentence available for the violation, as	1134
if the child were an adult, under Chapter 2929. of the Revised	1135
Code, except that the juvenile court shall not impose on the child	1136
a sentence of death or life imprisonment without parole.	1137

(ii) If a sentence is imposed under division (D)(2)(a)(i) of	1138
this section, the juvenile court also shall impose upon the child	1139
one or more traditional juvenile dispositions under sections	1140
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	1141
of the Revised Code.	1142

(iii) The juvenile court shall stay the adult portion of the	1143
serious youthful offender dispositional sentence pending the	1144
successful completion of the traditional juvenile dispositions	1145
imposed.	1146

(b) If the juvenile court does not find that a sentence	1147
should be imposed under division (D)(2)(a)(i) of this section, the	1148
juvenile court may impose one or more traditional juvenile	1149
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	1150
applicable, section 2152.17 of the Revised Code.	1151

(3) A child upon whom a serious youthful offender	1152
dispositional sentence is imposed under division (D)(1) or (2) of	1153
this section has a right to appeal under division (A)(1), (3),	1154
(4), (5), or (6) of section 2953.08 of the Revised Code the adult	1155
portion of the serious youthful offender dispositional sentence	1156
when any of those divisions apply. The child may appeal the adult	1157
portion, and the court shall consider the appeal as if the adult	1158
portion were not stayed.	1159

Sec.  2152.67.  Any adult who is arrested or charged under any	1160
provision in this chapter and who is charged with a crime may	1161
demand a trial by jury, or the juvenile judge upon the judge's own	1162
motion may call a jury. A demand for a jury trial shall be made in	1163
writing in not less than three days before the date set for trial,	1164
or within three days after counsel has been retained, whichever is	1165
later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised	1166
Code, relating to the drawing and impaneling of jurors in criminal	1167
cases in the court of common pleas, other than in capital cases,	1168
shall apply to a jury trial under this section. The compensation	1169
of jurors and costs of the clerk and sheriff shall be taxed and	1170
paid in the same manner as in criminal cases in the court of	1171
common pleas.	1172

Sec. 2301.20.  Upon the trial of a civil or criminal action	1173
in the court of common pleas, if either party to the action or his	1174
either party's attorney requests the services of a shorthand	1175
reporter, the trial judge shall grant the request, or may order a	1176
full report of the testimony or other proceedings. In either case,	1177
the shorthand reporter shall take accurate shorthand notes of the	1178
oral testimony or other oral proceedings. The notes shall be filed	1179
in the office of the official shorthand reporter and carefully	1180
preserved for either of the following periods of time:	1181

(A) If the action is not a capital case, the notes shall be	1182
preserved for the period of time specified by the court of common	1183
pleas, which period of time shall not be longer than the period of	1184
time that the other records of the particular action are required	1185
to be kept;	1186

(B) If the action is a capital case, the notes shall be	1187
preserved for the longer of ten years or until the final	1188
disposition of the action.	1189

Sec. 2313.37.  (A) In the trial in the court of common pleas	1190
of any civil case when it appears to the judge presiding that the	1191
trial is likely to be protracted, upon direction of the judge	1192
after the jury has been impaneled and sworn, an additional or	1193
alternate juror shall be selected in the same manner as the	1194
regular jurors in the case were selected, but each party is	1195
entitled to two peremptory challenges as to the alternate juror.	1196

(B) In all criminal cases, the selection of alternate jurors	1197
shall be made pursuant to Criminal Rule 24.	1198

(C) The additional or alternate jurors selected shall be	1199
sworn and seated near the regular jurors, with equal opportunity	1200
for seeing and hearing the proceedings and shall attend at all	1201
times upon the trial with regular jurors and shall obey all orders	1202
and admonitions of the court to the jury, and when the regular	1203
jurors are ordered kept together in a criminal case, the alternate	1204
jurors shall be kept with them. The additional or alternate jurors	1205
shall be liable as regular jurors for failure to attend the trial	1206
or to obey any order or admonition of the court to the jury, shall	1207
receive the same compensation as other jurors, and except as	1208
provided in this section shall be discharged upon the final	1209
submission of the case to the jury.	1210

(D) If before the final submission of the case to the jury,	1211
which in capital cases includes any hearing required under	1212
division (D) of section 2929.03 of the Revised Code, a regular	1213
juror becomes unable to perform hisofficial duties,	1214
incapacitated, or disqualified, hethe regular juror may be	1215
discharged by the judge, in which case, or if a regular juror	1216
dies, upon the order of the judge, an additional or alternate	1217
juror, in the order in which called, shall become one of the jury	1218
and serve in all respects as though selected as an original juror.	1219

Sec. 2701.07.  When, in the opinion of the court, the	1220
business thereof so requires, each court of common pleas, court of	1221
appeals, and, in counties having at the last or any future federal	1222
census more than seventy thousand inhabitants, the probate court,	1223
may appoint one or more constables to preserve order, attend the	1224
assignment of cases in counties where more than two judges of the	1225
court of common pleas regularly hold court at the same time, and	1226
discharge such other duties as the court requires. When so	1227
directed by the court, each constable has the same powers as	1228
sheriffs to call and impanel jurors, except in capital cases.	1229

Sec. 2901.02.  As used in the Revised Code:

1230

(A) Offenses include aggravated murder, murder, felonies of	1231
the first, second, third, fourth, and fifth degree, misdemeanors	1232
of the first, second, third, and fourth degree, minor	1233
misdemeanors, and offenses not specifically classified.	1234

(B) Aggravated murder when the indictment or the count in the	1235
indictment charging aggravated murder contains one or more	1236
specifications of aggravating circumstances listed in division (A)	1237
of section 2929.04 of Revised Code, and any other offense for	1238
which death may be imposed as a penalty, is a capital offense.	1239

(C) Aggravated murder and murder are felonies.

1240

(D)(C) Regardless of the penalty that may be imposed, any	1241
offense specifically classified as a felony is a felony, and any	1242
offense specifically classified as a misdemeanor is a misdemeanor.	1243

(E)(D) Any offense not specifically classified is a felony if	1244
imprisonment for more than one year may be imposed as a penalty.	1245

(F)(E) Any offense not specifically classified is a	1246
misdemeanor if imprisonment for not more than one year may be	1247
imposed as a penalty.	1248

(G)(F) Any offense not specifically classified is a minor	1249
misdemeanor if the only penalty that may be imposed is one of the	1250
following:	1251

(1) For an offense committed prior to the effective date of	1252
this amendmentJanuary 1, 2004, a fine not exceeding one hundred	1253
dollars;	1254

(2) For an offense committed on or after the effective date	1255
of this amendmentJanuary 1, 2004, a fine not exceeding one	1256
hundred fifty dollars, community service under division (C) of	1257
section 2929.27 of the Revised Code, or a financial sanction other	1258
than a fine under section 2929.28 of the Revised Code.	1259

Sec. 2909.24. (A) No person shall commit a specified offense	1260
with purpose to do any of the following:	1261

(1) Intimidate or coerce a civilian population;

1262

(2) Influence the policy of any government by intimidation or	1263
coercion;	1264

(3) Affect the conduct of any government by the specified	1265
offense.	1266

(B)(1) Whoever violates this section is guilty of terrorism.

1267

(2) Except as otherwise provided in divisions (B)(3) and (4)	1268
of this section, terrorism is an offense one degree higher than	1269
the most serious underlying specified offense the defendant	1270
committed.	1271

(3) If the most serious underlying specified offense the	1272
defendant committed is a felony of the first degree or murder, the	1273
person shall be sentenced to life imprisonment without parole.	1274

(4) If the most serious underlying specified offense the	1275
defendant committed is aggravated murder, the offender shall be	1276
sentenced to life imprisonment without parole or death pursuant to	1277
sections 2929.02 to 2929.06 of the Revised Code.	1278

(5) Section 2909.25 of the Revised Code applies regarding an	1279
offender who is convicted of or pleads guilty to a violation of	1280
this section.	1281

Sec. 2929.02.  (A) WhoeverExcept as otherwise provided in	1282
division (C) of this section, whoever is convicted of or pleads	1283
guilty to aggravated murder in violation of section 2903.01 of the	1284
Revised Code shall suffer death or be imprisoned for life, as	1285
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	1286
the Revised Code, except that no person who raises the matter of	1287
age pursuant to section 2929.023 of the Revised Code and who is	1288
not found to have been eighteen years of age or older at the time	1289
of the commission of the offense shall suffer death. In addition,	1290
the offender may be fined an amount fixed by the court, but not	1291
more than twenty-five thousand dollarssentenced to life	1292
imprisonment with parole eligibility after serving twenty full	1293
years of imprisonment, life imprisonment with parole eligibility	1294
after serving thirty full years of imprisonment, or life	1295
imprisonment without parole.	1296

(B)(1) Except as otherwise provided in division (B)(2) or	1297
(3)(C) of this section, whoever is convicted of or pleads guilty	1298
to murder in violation of section 2903.02 of the Revised Code	1299
shall be imprisoned for an indefinite term of fifteen years to	1300
life.	1301

(2)(C)(1) Except as otherwise provided in division	1302
(B)(3)(C)(2) of this section, if a person is convicted of or	1303
pleads guilty to aggravated murder in violation of section 2903.01	1304
of the Revised Code or to murder in violation of section 2903.02	1305
of the Revised Code, the victim of the offense was less than	1306
thirteen years of age, and the offender also is convicted of or	1307
pleads guilty to a sexual motivation specification that was	1308
included in the indictment, count in the indictment, or	1309
information charging the offense, the court shall impose an	1310
indefinite prison term of thirty years to life pursuant to	1311
division (B)(3) of section 2971.03 of the Revised Code.	1312

(3)(2) If a person is convicted of or pleads guilty to	1313
aggravated murder in violation of section 2903.01 of the Revised	1314
Code or to murder in violation of section 2903.02 of the Revised	1315
Code and also is convicted of or pleads guilty to a sexual	1316
motivation specification and a sexually violent predator	1317
specification that were included in the indictment, count in the	1318
indictment, or information that charged the murder, the court	1319
shall impose upon the offender a term of life imprisonment without	1320
parole that shall be served pursuant to section 2971.03 of the	1321
Revised Code.	1322

(4)(D) In addition to the prison term imposed under this	1323
section, the offender may be fined an amount fixed by the court,	1324
but not more than twenty-five thousand dollars for aggravated	1325
murder or fifteen thousand dollars for murder.	1326

(C)(E) The court shall not impose a fine or fines for	1327
aggravated murder or murder whichthat, in the aggregate and to	1328
the extent not suspended by the court, exceeds the amount which	1329
that the offender is or will be able to pay by the method and	1330
within the time allowed without undue hardship to the offender or	1331
to the dependents of the offender, or will prevent the offender	1332
from making reparation for the victim's wrongful death.	1333

(D)(F)(1) In addition to any other sanctions imposed for a	1334
violation of section 2903.01 or 2903.02 of the Revised Code, if	1335
the offender used a motor vehicle as the means to commit the	1336
violation, the court shall impose upon the offender a class two	1337
suspension of the offender's driver's license, commercial driver's	1338
license, temporary instruction permit, probationary license, or	1339
nonresident operating privilege as specified in division (A)(2) of	1340
section 4510.02 of the Revised Code.	1341

(2) As used in division (D)(F) of this section, "motor	1342
vehicle" has the same meaning as in section 4501.01 of the Revised	1343
Code.	1344

(G) Capital punishment is hereby abolished. A trial court	1345
that sentenced an offender to death prior to the effective date of	1346
this amendment shall conduct a hearing to resentence the offender.	1347
At the resentencing hearing, the court shall impose upon the	1348
offender a sentence of life imprisonment without parole.	1349

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1350
or (G) of this section and unless a specific sanction is required	1351
to be imposed or is precluded from being imposed pursuant to law,	1352
a court that imposes a sentence upon an offender for a felony may	1353
impose any sanction or combination of sanctions on the offender	1354
that are provided in sections 2929.14 to 2929.18 of the Revised	1355
Code. The sentence shall not impose an unnecessary burden on state	1356
or local government resources.	1357

If the offender is eligible to be sentenced to community	1358
control sanctions, the court shall consider the appropriateness of	1359
imposing a financial sanction pursuant to section 2929.18 of the	1360
Revised Code or a sanction of community service pursuant to	1361
section 2929.17 of the Revised Code as the sole sanction for the	1362
offense. Except as otherwise provided in this division, if the	1363
court is required to impose a mandatory prison term for the	1364
offense for which sentence is being imposed, the court also shall	1365
impose any financial sanction pursuant to section 2929.18 of the	1366
Revised Code that is required for the offense and may impose any	1367
other financial sanction pursuant to that section but may not	1368
impose any additional sanction or combination of sanctions under	1369
section 2929.16 or 2929.17 of the Revised Code.	1370

If the offender is being sentenced for a fourth degree felony	1371
OVI offense or for a third degree felony OVI offense, in addition	1372
to the mandatory term of local incarceration or the mandatory	1373
prison term required for the offense by division (G)(1) or (2) of	1374
this section, the court shall impose upon the offender a mandatory	1375
fine in accordance with division (B)(3) of section 2929.18 of the	1376
Revised Code and may impose whichever of the following is	1377
applicable:	1378

(1) For a fourth degree felony OVI offense for which sentence	1379
is imposed under division (G)(1) of this section, an additional	1380
community control sanction or combination of community control	1381
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1382
the court imposes upon the offender a community control sanction	1383
and the offender violates any condition of the community control	1384
sanction, the court may take any action prescribed in division (B)	1385
of section 2929.15 of the Revised Code relative to the offender,	1386
including imposing a prison term on the offender pursuant to that	1387
division.	1388

(2) For a third or fourth degree felony OVI offense for which	1389
sentence is imposed under division (G)(2) of this section, an	1390
additional prison term as described in division (D)(4) of section	1391
2929.14 of the Revised Code or a community control sanction as	1392
described in division (G)(2) of this section.	1393

(B)(1) Except as provided in division (B)(2), (E), (F), or	1394
(G) of this section, in sentencing an offender for a felony of the	1395
fourth or fifth degree, the sentencing court shall determine	1396
whether any of the following apply:	1397

(a) In committing the offense, the offender caused physical	1398
harm to a person.	1399

(b) In committing the offense, the offender attempted to	1400
cause or made an actual threat of physical harm to a person with a	1401
deadly weapon.	1402

(c) In committing the offense, the offender attempted to	1403
cause or made an actual threat of physical harm to a person, and	1404
the offender previously was convicted of an offense that caused	1405
physical harm to a person.	1406

(d) The offender held a public office or position of trust	1407
and the offense related to that office or position; the offender's	1408
position obliged the offender to prevent the offense or to bring	1409
those committing it to justice; or the offender's professional	1410
reputation or position facilitated the offense or was likely to	1411
influence the future conduct of others.	1412

(e) The offender committed the offense for hire or as part of	1413
an organized criminal activity.	1414

(f) The offense is a sex offense that is a fourth or fifth	1415
degree felony violation of section 2907.03, 2907.04, 2907.05,	1416
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1417
Revised Code.	1418

(g) The offender at the time of the offense was serving, or	1419
the offender previously had served, a prison term.	1420

(h) The offender committed the offense while under a	1421
community control sanction, while on probation, or while released	1422
from custody on a bond or personal recognizance.	1423

(i) The offender committed the offense while in possession of	1424
a firearm.	1425

(2)(a) If the court makes a finding described in division	1426
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1427
section and if the court, after considering the factors set forth	1428
in section 2929.12 of the Revised Code, finds that a prison term	1429
is consistent with the purposes and principles of sentencing set	1430
forth in section 2929.11 of the Revised Code and finds that the	1431
offender is not amenable to an available community control	1432
sanction, the court shall impose a prison term upon the offender.	1433

(b) Except as provided in division (E), (F), or (G) of this	1434
section, if the court does not make a finding described in	1435
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1436
this section and if the court, after considering the factors set	1437
forth in section 2929.12 of the Revised Code, finds that a	1438
community control sanction or combination of community control	1439
sanctions is consistent with the purposes and principles of	1440
sentencing set forth in section 2929.11 of the Revised Code, the	1441
court shall impose a community control sanction or combination of	1442
community control sanctions upon the offender.	1443

(C) Except as provided in division (D), (E), (F), or (G) of	1444
this section, in determining whether to impose a prison term as a	1445
sanction for a felony of the third degree or a felony drug offense	1446
that is a violation of a provision of Chapter 2925. of the Revised	1447
Code and that is specified as being subject to this division for	1448
purposes of sentencing, the sentencing court shall comply with the	1449
purposes and principles of sentencing under section 2929.11 of the	1450
Revised Code and with section 2929.12 of the Revised Code.	1451

(D)(1) Except as provided in division (E) or (F) of this	1452
section, for a felony of the first or second degree, for a felony	1453
drug offense that is a violation of any provision of Chapter	1454
2925., 3719., or 4729. of the Revised Code for which a presumption	1455
in favor of a prison term is specified as being applicable, and	1456
for a violation of division (A)(4) or (B) of section 2907.05 of	1457
the Revised Code for which a presumption in favor of a prison term	1458
is specified as being applicable, it is presumed that a prison	1459
term is necessary in order to comply with the purposes and	1460
principles of sentencing under section 2929.11 of the Revised	1461
Code. Division (D)(2) of this section does not apply to a	1462
presumption established under this division for a violation of	1463
division (A)(4) of section 2907.05 of the Revised Code.	1464

(2) Notwithstanding the presumption established under	1465
division (D)(1) of this section for the offenses listed in that	1466
division other than a violation of division (A)(4) or (B) of	1467
section 2907.05 of the Revised Code, the sentencing court may	1468
impose a community control sanction or a combination of community	1469
control sanctions instead of a prison term on an offender for a	1470
felony of the first or second degree or for a felony drug offense	1471
that is a violation of any provision of Chapter 2925., 3719., or	1472
4729. of the Revised Code for which a presumption in favor of a	1473
prison term is specified as being applicable if it makes both of	1474
the following findings:	1475

(a) A community control sanction or a combination of	1476
community control sanctions would adequately punish the offender	1477
and protect the public from future crime, because the applicable	1478
factors under section 2929.12 of the Revised Code indicating a	1479
lesser likelihood of recidivism outweigh the applicable factors	1480
under that section indicating a greater likelihood of recidivism.	1481

(b) A community control sanction or a combination of	1482
community control sanctions would not demean the seriousness of	1483
the offense, because one or more factors under section 2929.12 of	1484
the Revised Code that indicate that the offender's conduct was	1485
less serious than conduct normally constituting the offense are	1486
applicable, and they outweigh the applicable factors under that	1487
section that indicate that the offender's conduct was more serious	1488
than conduct normally constituting the offense.	1489

(E)(1) Except as provided in division (F) of this section,	1490
for any drug offense that is a violation of any provision of	1491
Chapter 2925. of the Revised Code and that is a felony of the	1492
third, fourth, or fifth degree, the applicability of a presumption	1493
under division (D) of this section in favor of a prison term or of	1494
division (B) or (C) of this section in determining whether to	1495
impose a prison term for the offense shall be determined as	1496
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1497
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1498
Revised Code, whichever is applicable regarding the violation.	1499

(2) If an offender who was convicted of or pleaded guilty to	1500
a felony violates the conditions of a community control sanction	1501
imposed for the offense solely by reason of producing positive	1502
results on a drug test, the court, as punishment for the violation	1503
of the sanction, shall not order that the offender be imprisoned	1504
unless the court determines on the record either of the following:	1505

(a) The offender had been ordered as a sanction for the	1506
felony to participate in a drug treatment program, in a drug	1507
education program, or in narcotics anonymous or a similar program,	1508
and the offender continued to use illegal drugs after a reasonable	1509
period of participation in the program.	1510

(b) The imprisonment of the offender for the violation is	1511
consistent with the purposes and principles of sentencing set	1512
forth in section 2929.11 of the Revised Code.	1513

(3) A court that sentences an offender for a drug abuse	1514
offense that is a felony of the third, fourth, or fifth degree may	1515
require that the offender be assessed by a properly credentialed	1516
professional within a specified period of time. The court shall	1517
require the professional to file a written assessment of the	1518
offender with the court. If the offender is eligible for a	1519
community control sanction and after considering the written	1520
assessment, the court may impose a community control sanction that	1521
includes treatment and recovery support services authorized by	1522
section 3793.02 of the Revised Code. If the court imposes	1523
treatment and recovery support services as a community control	1524
sanction, the court shall direct the level and type of treatment	1525
and recovery support services after considering the assessment and	1526
recommendation of treatment and recovery support services	1527
providers.	1528

(F) Notwithstanding divisions (A) to (E) of this section, the	1529
court shall impose a prison term or terms under sectionssection	1530
2929.02 to 2929.06, section 2929.14, section 2929.142, or section	1531
2971.03 of the Revised Code and except as specifically provided in	1532
section 2929.20 or 2967.191 of the Revised Code or when parole is	1533
authorized for the offense under section 2967.13 of the Revised	1534
Code shall not reduce the term or terms pursuant to section	1535
2929.20, section 2967.193, or any other provision of Chapter 2967.	1536
or Chapter 5120. of the Revised Code for any of the following	1537
offenses:	1538

(1) Aggravated murder when death is not imposed or murder;

1539

(2) Any rape, regardless of whether force was involved and	1540
regardless of the age of the victim, or an attempt to commit rape	1541
if, had the offender completed the rape that was attempted, the	1542
offender would have been guilty of a violation of division	1543
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1544
sentenced under section 2971.03 of the Revised Code;	1545

(3) Gross sexual imposition or sexual battery, if the victim	1546
is less than thirteen years of age and if any of the following	1547
applies:	1548

(a) Regarding gross sexual imposition, the offender	1549
previously was convicted of or pleaded guilty to rape, the former	1550
offense of felonious sexual penetration, gross sexual imposition,	1551
or sexual battery, and the victim of the previous offense was less	1552
than thirteen years of age;	1553

(b) Regarding gross sexual imposition, the offense was	1554
committed on or after August 3, 2006, and evidence other than the	1555
testimony of the victim was admitted in the case corroborating the	1556
violation.	1557

(c) Regarding sexual battery, either of the following	1558
applies:	1559

(i) The offense was committed prior to August 3, 2006, the	1560
offender previously was convicted of or pleaded guilty to rape,	1561
the former offense of felonious sexual penetration, or sexual	1562
battery, and the victim of the previous offense was less than	1563
thirteen years of age.	1564

(ii) The offense was committed on or after August 3, 2006.

1565

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1566
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	1567
section requires the imposition of a prison term;	1568

(5) A first, second, or third degree felony drug offense for	1569
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1570
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1571
4729.99 of the Revised Code, whichever is applicable regarding the	1572
violation, requires the imposition of a mandatory prison term;	1573

(6) Any offense that is a first or second degree felony and	1574
that is not set forth in division (F)(1), (2), (3), or (4) of this	1575
section, if the offender previously was convicted of or pleaded	1576
guilty to aggravated murder, murder, any first or second degree	1577
felony, or an offense under an existing or former law of this	1578
state, another state, or the United States that is or was	1579
substantially equivalent to one of those offenses;	1580

(7) Any offense that is a third degree felony and either is a	1581
violation of section 2903.04 of the Revised Code or an attempt to	1582
commit a felony of the second degree that is an offense of	1583
violence and involved an attempt to cause serious physical harm to	1584
a person or that resulted in serious physical harm to a person if	1585
the offender previously was convicted of or pleaded guilty to any	1586
of the following offenses:	1587

(a) Aggravated murder, murder, involuntary manslaughter,	1588
rape, felonious sexual penetration as it existed under section	1589
2907.12 of the Revised Code prior to September 3, 1996, a felony	1590
of the first or second degree that resulted in the death of a	1591
person or in physical harm to a person, or complicity in or an	1592
attempt to commit any of those offenses;	1593

(b) An offense under an existing or former law of this state,	1594
another state, or the United States that is or was substantially	1595
equivalent to an offense listed in division (F)(7)(a) of this	1596
section that resulted in the death of a person or in physical harm	1597
to a person.	1598

(8) Any offense, other than a violation of section 2923.12 of	1599
the Revised Code, that is a felony, if the offender had a firearm	1600
on or about the offender's person or under the offender's control	1601
while committing the felony, with respect to a portion of the	1602
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	1603
of the Revised Code for having the firearm;	1604

(9) Any offense of violence that is a felony, if the offender	1605
wore or carried body armor while committing the felony offense of	1606
violence, with respect to the portion of the sentence imposed	1607
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	1608
Code for wearing or carrying the body armor;	1609

(10) Corrupt activity in violation of section 2923.32 of the	1610
Revised Code when the most serious offense in the pattern of	1611
corrupt activity that is the basis of the offense is a felony of	1612
the first degree;	1613

(11) Any violent sex offense or designated homicide, assault,	1614
or kidnapping offense if, in relation to that offense, the	1615
offender is adjudicated a sexually violent predator;	1616

(12) A violation of division (A)(1) or (2) of section 2921.36	1617
of the Revised Code, or a violation of division (C) of that	1618
section involving an item listed in division (A)(1) or (2) of that	1619
section, if the offender is an officer or employee of the	1620
department of rehabilitation and correction;	1621

(13) A violation of division (A)(1) or (2) of section 2903.06	1622
of the Revised Code if the victim of the offense is a peace	1623
officer, as defined in section 2935.01 of the Revised Code, or an	1624
investigator of the bureau of criminal identification and	1625
investigation, as defined in section 2903.11 of the Revised Code,	1626
with respect to the portion of the sentence imposed pursuant to	1627
division (D)(5) of section 2929.14 of the Revised Code;	1628

(14) A violation of division (A)(1) or (2) of section 2903.06	1629
of the Revised Code if the offender has been convicted of or	1630
pleaded guilty to three or more violations of division (A) or (B)	1631
of section 4511.19 of the Revised Code or an equivalent offense,	1632
as defined in section 2941.1415 of the Revised Code, or three or	1633
more violations of any combination of those divisions and	1634
offenses, with respect to the portion of the sentence imposed	1635
pursuant to division (D)(6) of section 2929.14 of the Revised	1636
Code;	1637

(15) Kidnapping, in the circumstances specified in section	1638
2971.03 of the Revised Code and when no other provision of	1639
division (F) of this section applies;	1640

(16) Kidnapping, abduction, compelling prostitution,	1641
promoting prostitution, engaging in a pattern of corrupt activity,	1642
illegal use of a minor in a nudity-oriented material or	1643
performance in violation of division (A)(1) or (2) of section	1644
2907.323 of the Revised Code, or endangering children in violation	1645
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	1646
the Revised Code, if the offender is convicted of or pleads guilty	1647
to a specification as described in section 2941.1422 of the	1648
Revised Code that was included in the indictment, count in the	1649
indictment, or information charging the offense;	1650

(17) A felony violation of division (A) or (B) of section	1651
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	1652
that section, and division (D)(6) of that section, require the	1653
imposition of a prison term;	1654

(18) A felony violation of section 2903.11, 2903.12, or	1655
2903.13 of the Revised Code, if the victim of the offense was a	1656
woman that the offender knew was pregnant at the time of the	1657
violation, with respect to a portion of the sentence imposed	1658
pursuant to division (D)(8) of section 2929.14 of the Revised	1659
Code.	1660

(G) Notwithstanding divisions (A) to (E) of this section, if	1661
an offender is being sentenced for a fourth degree felony OVI	1662
offense or for a third degree felony OVI offense, the court shall	1663
impose upon the offender a mandatory term of local incarceration	1664
or a mandatory prison term in accordance with the following:	1665

(1) If the offender is being sentenced for a fourth degree	1666
felony OVI offense and if the offender has not been convicted of	1667
and has not pleaded guilty to a specification of the type	1668
described in section 2941.1413 of the Revised Code, the court may	1669
impose upon the offender a mandatory term of local incarceration	1670
of sixty days or one hundred twenty days as specified in division	1671
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1672
not reduce the term pursuant to section 2929.20, 2967.193, or any	1673
other provision of the Revised Code. The court that imposes a	1674
mandatory term of local incarceration under this division shall	1675
specify whether the term is to be served in a jail, a	1676
community-based correctional facility, a halfway house, or an	1677
alternative residential facility, and the offender shall serve the	1678
term in the type of facility specified by the court. A mandatory	1679
term of local incarceration imposed under division (G)(1) of this	1680
section is not subject to any other Revised Code provision that	1681
pertains to a prison term except as provided in division (A)(1) of	1682
this section.	1683

(2) If the offender is being sentenced for a third degree	1684
felony OVI offense, or if the offender is being sentenced for a	1685
fourth degree felony OVI offense and the court does not impose a	1686
mandatory term of local incarceration under division (G)(1) of	1687
this section, the court shall impose upon the offender a mandatory	1688
prison term of one, two, three, four, or five years if the	1689
offender also is convicted of or also pleads guilty to a	1690
specification of the type described in section 2941.1413 of the	1691
Revised Code or shall impose upon the offender a mandatory prison	1692
term of sixty days or one hundred twenty days as specified in	1693
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1694
if the offender has not been convicted of and has not pleaded	1695
guilty to a specification of that type. The court shall not reduce	1696
the term pursuant to section 2929.20, 2967.193, or any other	1697
provision of the Revised Code. The offender shall serve the one-,	1698
two-, three-, four-, or five-year mandatory prison term	1699
consecutively to and prior to the prison term imposed for the	1700
underlying offense and consecutively to any other mandatory prison	1701
term imposed in relation to the offense. In no case shall an	1702
offender who once has been sentenced to a mandatory term of local	1703
incarceration pursuant to division (G)(1) of this section for a	1704
fourth degree felony OVI offense be sentenced to another mandatory	1705
term of local incarceration under that division for any violation	1706
of division (A) of section 4511.19 of the Revised Code. In	1707
addition to the mandatory prison term described in division (G)(2)	1708
of this section, the court may sentence the offender to a	1709
community control sanction under section 2929.16 or 2929.17 of the	1710
Revised Code, but the offender shall serve the prison term prior	1711
to serving the community control sanction. The department of	1712
rehabilitation and correction may place an offender sentenced to a	1713
mandatory prison term under this division in an intensive program	1714
prison established pursuant to section 5120.033 of the Revised	1715
Code if the department gave the sentencing judge prior notice of	1716
its intent to place the offender in an intensive program prison	1717
established under that section and if the judge did not notify the	1718
department that the judge disapproved the placement. Upon the	1719
establishment of the initial intensive program prison pursuant to	1720
section 5120.033 of the Revised Code that is privately operated	1721
and managed by a contractor pursuant to a contract entered into	1722
under section 9.06 of the Revised Code, both of the following	1723
apply:	1724

(a) The department of rehabilitation and correction shall	1725
make a reasonable effort to ensure that a sufficient number of	1726
offenders sentenced to a mandatory prison term under this division	1727
are placed in the privately operated and managed prison so that	1728
the privately operated and managed prison has full occupancy.	1729

(b) Unless the privately operated and managed prison has full	1730
occupancy, the department of rehabilitation and correction shall	1731
not place any offender sentenced to a mandatory prison term under	1732
this division in any intensive program prison established pursuant	1733
to section 5120.033 of the Revised Code other than the privately	1734
operated and managed prison.	1735

(H) If an offender is being sentenced for a sexually oriented	1736
offense or child-victim oriented offense that is a felony	1737
committed on or after January 1, 1997, the judge shall require the	1738
offender to submit to a DNA specimen collection procedure pursuant	1739
to section 2901.07 of the Revised Code.	1740

(I) If an offender is being sentenced for a sexually oriented	1741
offense or a child-victim oriented offense committed on or after	1742
January 1, 1997, the judge shall include in the sentence a summary	1743
of the offender's duties imposed under sections 2950.04, 2950.041,	1744
2950.05, and 2950.06 of the Revised Code and the duration of the	1745
duties. The judge shall inform the offender, at the time of	1746
sentencing, of those duties and of their duration. If required	1747
under division (A)(2) of section 2950.03 of the Revised Code, the	1748
judge shall perform the duties specified in that section, or, if	1749
required under division (A)(6) of section 2950.03 of the Revised	1750
Code, the judge shall perform the duties specified in that	1751
division.	1752

(J)(1) Except as provided in division (J)(2) of this section,	1753
when considering sentencing factors under this section in relation	1754
to an offender who is convicted of or pleads guilty to an attempt	1755
to commit an offense in violation of section 2923.02 of the	1756
Revised Code, the sentencing court shall consider the factors	1757
applicable to the felony category of the violation of section	1758
2923.02 of the Revised Code instead of the factors applicable to	1759
the felony category of the offense attempted.	1760

(2) When considering sentencing factors under this section in	1761
relation to an offender who is convicted of or pleads guilty to an	1762
attempt to commit a drug abuse offense for which the penalty is	1763
determined by the amount or number of unit doses of the controlled	1764
substance involved in the drug abuse offense, the sentencing court	1765
shall consider the factors applicable to the felony category that	1766
the drug abuse offense attempted would be if that drug abuse	1767
offense had been committed and had involved an amount or number of	1768
unit doses of the controlled substance that is within the next	1769
lower range of controlled substance amounts than was involved in	1770
the attempt.	1771

(K) As used in this section, "drug abuse offense" has the	1772
same meaning as in section 2925.01 of the Revised Code.	1773

(L) At the time of sentencing an offender for any sexually	1774
oriented offense, if the offender is a tier III sex	1775
offender/child-victim offender relative to that offense and the	1776
offender does not serve a prison term or jail term, the court may	1777
require that the offender be monitored by means of a global	1778
positioning device. If the court requires such monitoring, the	1779
cost of monitoring shall be borne by the offender. If the offender	1780
is indigent, the cost of compliance shall be paid by the crime	1781
victims reparations fund.	1782

Sec. 2929.14.  (A) Except as provided in division (C),	1783
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	1784
(G), (I), (J), or (L) of this section or in division (D)(6) of	1785
section 2919.25 of the Revised Code and except in relation to an	1786
offense for which a sentence of death or life imprisonment is to	1787
be imposed, if the court imposing a sentence upon an offender for	1788
a felony elects or is required to impose a prison term on the	1789
offender pursuant to this chapter, the court shall impose a	1790
definite prison term that shall be one of the following:	1791

(1) For a felony of the first degree, the prison term shall	1792
be three, four, five, six, seven, eight, nine, or ten years.	1793

(2) For a felony of the second degree, the prison term shall	1794
be two, three, four, five, six, seven, or eight years.	1795

(3) For a felony of the third degree, the prison term shall	1796
be one, two, three, four, or five years.	1797

(4) For a felony of the fourth degree, the prison term shall	1798
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1799
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1800

(5) For a felony of the fifth degree, the prison term shall	1801
be six, seven, eight, nine, ten, eleven, or twelve months.	1802

(B) Except as provided in division (C), (D)(1), (D)(2),	1803
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	1804
this section, in section 2907.02, 2907.05, or 2919.25 of the	1805
Revised Code, or in Chapter 2925. of the Revised Code, if the	1806
court imposing a sentence upon an offender for a felony elects or	1807
is required to impose a prison term on the offender, the court	1808
shall impose the shortest prison term authorized for the offense	1809
pursuant to division (A) of this section, unless one or more of	1810
the following applies:	1811

(1) The offender was serving a prison term at the time of the	1812
offense, or the offender previously had served a prison term.	1813

(2) The court finds on the record that the shortest prison	1814
term will demean the seriousness of the offender's conduct or will	1815
not adequately protect the public from future crime by the	1816
offender or others.	1817

(C) Except as provided in division (D)(7), (D)(8), (G), or	1818
(L) of this section, in section 2919.25 of the Revised Code, or in	1819
Chapter 2925. of the Revised Code, the court imposing a sentence	1820
upon an offender for a felony may impose the longest prison term	1821
authorized for the offense pursuant to division (A) of this	1822
section only upon offenders who committed the worst forms of the	1823
offense, upon offenders who pose the greatest likelihood of	1824
committing future crimes, upon certain major drug offenders under	1825
division (D)(3) of this section, and upon certain repeat violent	1826
offenders in accordance with division (D)(2) of this section.	1827

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1828
section, if an offender who is convicted of or pleads guilty to a	1829
felony also is convicted of or pleads guilty to a specification of	1830
the type described in section 2941.141, 2941.144, or 2941.145 of	1831
the Revised Code, the court shall impose on the offender one of	1832
the following prison terms:	1833

(i) A prison term of six years if the specification is of the	1834
type described in section 2941.144 of the Revised Code that	1835
charges the offender with having a firearm that is an automatic	1836
firearm or that was equipped with a firearm muffler or silencer on	1837
or about the offender's person or under the offender's control	1838
while committing the felony;	1839

(ii) A prison term of three years if the specification is of	1840
the type described in section 2941.145 of the Revised Code that	1841
charges the offender with having a firearm on or about the	1842
offender's person or under the offender's control while committing	1843
the offense and displaying the firearm, brandishing the firearm,	1844
indicating that the offender possessed the firearm, or using it to	1845
facilitate the offense;	1846

(iii) A prison term of one year if the specification is of	1847
the type described in section 2941.141 of the Revised Code that	1848
charges the offender with having a firearm on or about the	1849
offender's person or under the offender's control while committing	1850
the felony.	1851

(b) If a court imposes a prison term on an offender under	1852
division (D)(1)(a) of this section, the prison term shall not be	1853
reduced pursuant to section 2929.20, section 2967.193, or any	1854
other provision of Chapter 2967. or Chapter 5120. of the Revised	1855
Code. Except as provided in division (D)(1)(g) of this section, a	1856
court shall not impose more than one prison term on an offender	1857
under division (D)(1)(a) of this section for felonies committed as	1858
part of the same act or transaction.	1859

(c) Except as provided in division (D)(1)(e) of this section,	1860
if an offender who is convicted of or pleads guilty to a violation	1861
of section 2923.161 of the Revised Code or to a felony that	1862
includes, as an essential element, purposely or knowingly causing	1863
or attempting to cause the death of or physical harm to another,	1864
also is convicted of or pleads guilty to a specification of the	1865
type described in section 2941.146 of the Revised Code that	1866
charges the offender with committing the offense by discharging a	1867
firearm from a motor vehicle other than a manufactured home, the	1868
court, after imposing a prison term on the offender for the	1869
violation of section 2923.161 of the Revised Code or for the other	1870
felony offense under division (A), (D)(2), or (D)(3) of this	1871
section, shall impose an additional prison term of five years upon	1872
the offender that shall not be reduced pursuant to section	1873
2929.20, section 2967.193, or any other provision of Chapter 2967.	1874
or Chapter 5120. of the Revised Code. A court shall not impose	1875
more than one additional prison term on an offender under division	1876
(D)(1)(c) of this section for felonies committed as part of the	1877
same act or transaction. If a court imposes an additional prison	1878
term on an offender under division (D)(1)(c) of this section	1879
relative to an offense, the court also shall impose a prison term	1880
under division (D)(1)(a) of this section relative to the same	1881
offense, provided the criteria specified in that division for	1882
imposing an additional prison term are satisfied relative to the	1883
offender and the offense.	1884

(d) If an offender who is convicted of or pleads guilty to an	1885
offense of violence that is a felony also is convicted of or	1886
pleads guilty to a specification of the type described in section	1887
2941.1411 of the Revised Code that charges the offender with	1888
wearing or carrying body armor while committing the felony offense	1889
of violence, the court shall impose on the offender a prison term	1890
of two years. The prison term so imposed shall not be reduced	1891
pursuant to section 2929.20, section 2967.193, or any other	1892
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	1893
court shall not impose more than one prison term on an offender	1894
under division (D)(1)(d) of this section for felonies committed as	1895
part of the same act or transaction. If a court imposes an	1896
additional prison term under division (D)(1)(a) or (c) of this	1897
section, the court is not precluded from imposing an additional	1898
prison term under division (D)(1)(d) of this section.	1899

(e) The court shall not impose any of the prison terms	1900
described in division (D)(1)(a) of this section or any of the	1901
additional prison terms described in division (D)(1)(c) of this	1902
section upon an offender for a violation of section 2923.12 or	1903
2923.123 of the Revised Code. The court shall not impose any of	1904
the prison terms described in division (D)(1)(a) or (b) of this	1905
section upon an offender for a violation of section 2923.122 that	1906
involves a deadly weapon that is a firearm other than a dangerous	1907
ordnance, section 2923.16, or section 2923.121 of the Revised	1908
Code. The court shall not impose any of the prison terms described	1909
in division (D)(1)(a) of this section or any of the additional	1910
prison terms described in division (D)(1)(c) of this section upon	1911
an offender for a violation of section 2923.13 of the Revised Code	1912
unless all of the following apply:	1913

(i) The offender previously has been convicted of aggravated	1914
murder, murder, or any felony of the first or second degree.	1915

(ii) Less than five years have passed since the offender was	1916
released from prison or post-release control, whichever is later,	1917
for the prior offense.	1918

(f) If an offender is convicted of or pleads guilty to a	1919
felony that includes, as an essential element, causing or	1920
attempting to cause the death of or physical harm to another and	1921
also is convicted of or pleads guilty to a specification of the	1922
type described in section 2941.1412 of the Revised Code that	1923
charges the offender with committing the offense by discharging a	1924
firearm at a peace officer as defined in section 2935.01 of the	1925
Revised Code or a corrections officer, as defined in section	1926
2941.1412 of the Revised Code, the court, after imposing a prison	1927
term on the offender for the felony offense under division (A),	1928
(D)(2), or (D)(3) of this section, shall impose an additional	1929
prison term of seven years upon the offender that shall not be	1930
reduced pursuant to section 2929.20, section 2967.193, or any	1931
other provision of Chapter 2967. or Chapter 5120. of the Revised	1932
Code. If an offender is convicted of or pleads guilty to two or	1933
more felonies that include, as an essential element, causing or	1934
attempting to cause the death or physical harm to another and also	1935
is convicted of or pleads guilty to a specification of the type	1936
described under division (D)(1)(f) of this section in connection	1937
with two or more of the felonies of which the offender is	1938
convicted or to which the offender pleads guilty, the sentencing	1939
court shall impose on the offender the prison term specified under	1940
division (D)(1)(f) of this section for each of two of the	1941
specifications of which the offender is convicted or to which the	1942
offender pleads guilty and, in its discretion, also may impose on	1943
the offender the prison term specified under that division for any	1944
or all of the remaining specifications. If a court imposes an	1945
additional prison term on an offender under division (D)(1)(f) of	1946
this section relative to an offense, the court shall not impose a	1947
prison term under division (D)(1)(a) or (c) of this section	1948
relative to the same offense.	1949

(g) If an offender is convicted of or pleads guilty to two or	1950
more felonies, if one or more of those felonies isare aggravated	1951
murder, murder, attempted aggravated murder, attempted murder,	1952
aggravated robbery, felonious assault, or rape, and if the	1953
offender is convicted of or pleads guilty to a specification of	1954
the type described under division (D)(1)(a) of this section in	1955
connection with two or more of the felonies, the sentencing court	1956
shall impose on the offender the prison term specified under	1957
division (D)(1)(a) of this section for each of the two most	1958
serious specifications of which the offender is convicted or to	1959
which the offender pleads guilty and, in its discretion, also may	1960
impose on the offender the prison term specified under that	1961
division for any or all of the remaining specifications.	1962

(2)(a) If division (D)(2)(b) of this section does not apply,	1963
the court may impose on an offender, in addition to the longest	1964
prison term authorized or required for the offense, an additional	1965
definite prison term of one, two, three, four, five, six, seven,	1966
eight, nine, or ten years if all of the following criteria are	1967
met:	1968

(i) The offender is convicted of or pleads guilty to a	1969
specification of the type described in section 2941.149 of the	1970
Revised Code that the offender is a repeat violent offender.	1971

(ii) The offense of which the offender currently is convicted	1972
or to which the offender currently pleads guilty is aggravated	1973
murder and the court does not impose a sentence of death or life	1974
imprisonment without parole, murder, terrorism and the court does	1975
not impose a sentence of life imprisonment without parole, any	1976
felony of the first degree that is an offense of violence and the	1977
court does not impose a sentence of life imprisonment without	1978
parole, or any felony of the second degree that is an offense of	1979
violence and the trier of fact finds that the offense involved an	1980
attempt to cause or a threat to cause serious physical harm to a	1981
person or resulted in serious physical harm to a person.	1982

(iii) The court imposes the longest prison term for the	1983
offense that is not life imprisonment without parole.	1984

(iv) The court finds that the prison terms imposed pursuant	1985
to division (D)(2)(a)(iii) of this section and, if applicable,	1986
division (D)(1) or (3) of this section are inadequate to punish	1987
the offender and protect the public from future crime, because the	1988
applicable factors under section 2929.12 of the Revised Code	1989
indicating a greater likelihood of recidivism outweigh the	1990
applicable factors under that section indicating a lesser	1991
likelihood of recidivism.	1992

(v) The court finds that the prison terms imposed pursuant to	1993
division (D)(2)(a)(iii) of this section and, if applicable,	1994
division (D)(1) or (3) of this section are demeaning to the	1995
seriousness of the offense, because one or more of the factors	1996
under section 2929.12 of the Revised Code indicating that the	1997
offender's conduct is more serious than conduct normally	1998
constituting the offense are present, and they outweigh the	1999
applicable factors under that section indicating that the	2000
offender's conduct is less serious than conduct normally	2001
constituting the offense.	2002

(b) The court shall impose on an offender the longest prison	2003
term authorized or required for the offense and shall impose on	2004
the offender an additional definite prison term of one, two,	2005
three, four, five, six, seven, eight, nine, or ten years if all of	2006
the following criteria are met:	2007

(i) The offender is convicted of or pleads guilty to a	2008
specification of the type described in section 2941.149 of the	2009
Revised Code that the offender is a repeat violent offender.	2010

(ii) The offender within the preceding twenty years has been	2011
convicted of or pleaded guilty to three or more offenses described	2012
in division (CC)(1) of section 2929.01 of the Revised Code,	2013
including all offenses described in that division of which the	2014
offender is convicted or to which the offender pleads guilty in	2015
the current prosecution and all offenses described in that	2016
division of which the offender previously has been convicted or to	2017
which the offender previously pleaded guilty, whether prosecuted	2018
together or separately.	2019

(iii) The offense or offenses of which the offender currently	2020
is convicted or to which the offender currently pleads guilty is	2021
aggravated murder and the court does not impose a sentence of	2022
death or life imprisonment without parole, murder, terrorism and	2023
the court does not impose a sentence of life imprisonment without	2024
parole, any felony of the first degree that is an offense of	2025
violence and the court does not impose a sentence of life	2026
imprisonment without parole, or any felony of the second degree	2027
that is an offense of violence and the trier of fact finds that	2028
the offense involved an attempt to cause or a threat to cause	2029
serious physical harm to a person or resulted in serious physical	2030
harm to a person.	2031

(c) For purposes of division (D)(2)(b) of this section, two	2032
or more offenses committed at the same time or as part of the same	2033
act or event shall be considered one offense, and that one offense	2034
shall be the offense with the greatest penalty.	2035

(d) A sentence imposed under division (D)(2)(a) or (b) of	2036
this section shall not be reduced pursuant to section 2929.20 or	2037
section 2967.193, or any other provision of Chapter 2967. or	2038
Chapter 5120. of the Revised Code. The offender shall serve an	2039
additional prison term imposed under this section consecutively to	2040
and prior to the prison term imposed for the underlying offense.	2041

(e) When imposing a sentence pursuant to division (D)(2)(a)	2042
or (b) of this section, the court shall state its findings	2043
explaining the imposed sentence.	2044

(3)(a) Except when an offender commits a violation of section	2045
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2046
the violation is life imprisonment or commits a violation of	2047
section 2903.02 of the Revised Code, if the offender commits a	2048
violation of section 2925.03 or 2925.11 of the Revised Code and	2049
that section classifies the offender as a major drug offender and	2050
requires the imposition of a ten-year prison term on the offender,	2051
if the offender commits a felony violation of section 2925.02,	2052
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2053
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2054
division (C) of section 4729.51, or division (J) of section	2055
4729.54 of the Revised Code that includes the sale, offer to sell,	2056
or possession of a schedule I or II controlled substance, with the	2057
exception of marihuana, and the court imposing sentence upon the	2058
offender finds that the offender is guilty of a specification of	2059
the type described in section 2941.1410 of the Revised Code	2060
charging that the offender is a major drug offender, if the court	2061
imposing sentence upon an offender for a felony finds that the	2062
offender is guilty of corrupt activity with the most serious	2063
offense in the pattern of corrupt activity being a felony of the	2064
first degree, or if the offender is guilty of an attempted	2065
violation of section 2907.02 of the Revised Code and, had the	2066
offender completed the violation of section 2907.02 of the Revised	2067
Code that was attempted, the offender would have been subject to a	2068
sentence of life imprisonment or life imprisonment without parole	2069
for the violation of section 2907.02 of the Revised Code, the	2070
court shall impose upon the offender for the felony violation a	2071
ten-year prison term that cannot be reduced pursuant to section	2072
2929.20 or Chapter 2967. or 5120. of the Revised Code.	2073

(b) The court imposing a prison term on an offender under	2074
division (D)(3)(a) of this section may impose an additional prison	2075
term of one, two, three, four, five, six, seven, eight, nine, or	2076
ten years, if the court, with respect to the term imposed under	2077
division (D)(3)(a) of this section and, if applicable, divisions	2078
(D)(1) and (2) of this section, makes both of the findings set	2079
forth in divisions (D)(2)(a)(iv) and (v) of this section.	2080

(4) If the offender is being sentenced for a third or fourth	2081
degree felony OVI offense under division (G)(2) of section 2929.13	2082
of the Revised Code, the sentencing court shall impose upon the	2083
offender a mandatory prison term in accordance with that division.	2084
In addition to the mandatory prison term, if the offender is being	2085
sentenced for a fourth degree felony OVI offense, the court,	2086
notwithstanding division (A)(4) of this section, may sentence the	2087
offender to a definite prison term of not less than six months and	2088
not more than thirty months, and if the offender is being	2089
sentenced for a third degree felony OVI offense, the sentencing	2090
court may sentence the offender to an additional prison term of	2091
any duration specified in division (A)(3) of this section. In	2092
either case, the additional prison term imposed shall be reduced	2093
by the sixty or one hundred twenty days imposed upon the offender	2094
as the mandatory prison term. The total of the additional prison	2095
term imposed under division (D)(4) of this section plus the sixty	2096
or one hundred twenty days imposed as the mandatory prison term	2097
shall equal a definite term in the range of six months to thirty	2098
months for a fourth degree felony OVI offense and shall equal one	2099
of the authorized prison terms specified in division (A)(3) of	2100
this section for a third degree felony OVI offense. If the court	2101
imposes an additional prison term under division (D)(4) of this	2102
section, the offender shall serve the additional prison term after	2103
the offender has served the mandatory prison term required for the	2104
offense. In addition to the mandatory prison term or mandatory and	2105
additional prison term imposed as described in division (D)(4) of	2106
this section, the court also may sentence the offender to a	2107
community control sanction under section 2929.16 or 2929.17 of the	2108
Revised Code, but the offender shall serve all of the prison terms	2109
so imposed prior to serving the community control sanction.	2110

If the offender is being sentenced for a fourth degree felony	2111
OVI offense under division (G)(1) of section 2929.13 of the	2112
Revised Code and the court imposes a mandatory term of local	2113
incarceration, the court may impose a prison term as described in	2114
division (A)(1) of that section.	2115

(5) If an offender is convicted of or pleads guilty to a	2116
violation of division (A)(1) or (2) of section 2903.06 of the	2117
Revised Code and also is convicted of or pleads guilty to a	2118
specification of the type described in section 2941.1414 of the	2119
Revised Code that charges that the victim of the offense is a	2120
peace officer, as defined in section 2935.01 of the Revised Code,	2121
or an investigator of the bureau of criminal identification and	2122
investigation, as defined in section 2903.11 of the Revised Code,	2123
the court shall impose on the offender a prison term of five	2124
years. If a court imposes a prison term on an offender under	2125
division (D)(5) of this section, the prison term shall not be	2126
reduced pursuant to section 2929.20, section 2967.193, or any	2127
other provision of Chapter 2967. or Chapter 5120. of the Revised	2128
Code. A court shall not impose more than one prison term on an	2129
offender under division (D)(5) of this section for felonies	2130
committed as part of the same act.	2131

(6) If an offender is convicted of or pleads guilty to a	2132
violation of division (A)(1) or (2) of section 2903.06 of the	2133
Revised Code and also is convicted of or pleads guilty to a	2134
specification of the type described in section 2941.1415 of the	2135
Revised Code that charges that the offender previously has been	2136
convicted of or pleaded guilty to three or more violations of	2137
division (A) or (B) of section 4511.19 of the Revised Code or an	2138
equivalent offense, as defined in section 2941.1415 of the Revised	2139
Code, or three or more violations of any combination of those	2140
divisions and offenses, the court shall impose on the offender a	2141
prison term of three years. If a court imposes a prison term on an	2142
offender under division (D)(6) of this section, the prison term	2143
shall not be reduced pursuant to section 2929.20, section	2144
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2145
of the Revised Code. A court shall not impose more than one prison	2146
term on an offender under division (D)(6) of this section for	2147
felonies committed as part of the same act.	2148

(7)(a) If an offender is convicted of or pleads guilty to a	2149
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2150
2923.32, division (A)(1) or (2) of section 2907.323, or division	2151
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2152
Code and also is convicted of or pleads guilty to a specification	2153
of the type described in section 2941.1422 of the Revised Code	2154
that charges that the offender knowingly committed the offense in	2155
furtherance of human trafficking, the court shall impose on the	2156
offender a mandatory prison term that is one of the following:	2157

(i) If the offense is a felony of the first degree, a	2158
definite prison term of not less than five years and not greater	2159
than ten years;	2160

(ii) If the offense is a felony of the second or third	2161
degree, a definite prison term of not less than three years and	2162
not greater than the maximum prison term allowed for the offense	2163
by division (A) of section 2929.14 of the Revised Code;	2164

(iii) If the offense is a felony of the fourth or fifth	2165
degree, a definite prison term that is the maximum prison term	2166
allowed for the offense by division (A) of section 2929.14 of the	2167
Revised Code.	2168

(b) The prison term imposed under division (D)(7)(a) of this	2169
section shall not be reduced pursuant to section 2929.20, section	2170
2967.193, or any other provision of Chapter 2967. of the Revised	2171
Code. A court shall not impose more than one prison term on an	2172
offender under division (D)(7)(a) of this section for felonies	2173
committed as part of the same act, scheme, or plan.	2174

(8) If an offender is convicted of or pleads guilty to a	2175
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2176
Revised Code and also is convicted of or pleads guilty to a	2177
specification of the type described in section 2941.1423 of the	2178
Revised Code that charges that the victim of the violation was a	2179
woman whom the offender knew was pregnant at the time of the	2180
violation, notwithstanding the range of prison terms prescribed in	2181
division (A) of this section for felonies of the same degree as	2182
the violation, the court shall impose on the offender a mandatory	2183
prison term that is either a definite prison term of six months or	2184
one of the prison terms prescribed in section 2929.14 of the	2185
Revised Code for felonies of the same degree as the violation.	2186

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	2187
mandatory prison term is imposed upon an offender pursuant to	2188
division (D)(1)(a) of this section for having a firearm on or	2189
about the offender's person or under the offender's control while	2190
committing a felony, if a mandatory prison term is imposed upon an	2191
offender pursuant to division (D)(1)(c) of this section for	2192
committing a felony specified in that division by discharging a	2193
firearm from a motor vehicle, or if both types of mandatory prison	2194
terms are imposed, the offender shall serve any mandatory prison	2195
term imposed under either division consecutively to any other	2196
mandatory prison term imposed under either division or under	2197
division (D)(1)(d) of this section, consecutively to and prior to	2198
any prison term imposed for the underlying felony pursuant to	2199
division (A), (D)(2), or (D)(3) of this section or any other	2200
section of the Revised Code, and consecutively to any other prison	2201
term or mandatory prison term previously or subsequently imposed	2202
upon the offender.	2203

(b) If a mandatory prison term is imposed upon an offender	2204
pursuant to division (D)(1)(d) of this section for wearing or	2205
carrying body armor while committing an offense of violence that	2206
is a felony, the offender shall serve the mandatory term so	2207
imposed consecutively to any other mandatory prison term imposed	2208
under that division or under division (D)(1)(a) or (c) of this	2209
section, consecutively to and prior to any prison term imposed for	2210
the underlying felony under division (A), (D)(2), or (D)(3) of	2211
this section or any other section of the Revised Code, and	2212
consecutively to any other prison term or mandatory prison term	2213
previously or subsequently imposed upon the offender.	2214

(c) If a mandatory prison term is imposed upon an offender	2215
pursuant to division (D)(1)(f) of this section, the offender shall	2216
serve the mandatory prison term so imposed consecutively to and	2217
prior to any prison term imposed for the underlying felony under	2218
division (A), (D)(2), or (D)(3) of this section or any other	2219
section of the Revised Code, and consecutively to any other prison	2220
term or mandatory prison term previously or subsequently imposed	2221
upon the offender.	2222

(d) If a mandatory prison term is imposed upon an offender	2223
pursuant to division (D)(7) or (8) of this section, the offender	2224
shall serve the mandatory prison term so imposed consecutively to	2225
any other mandatory prison term imposed under that division or	2226
under any other provision of law and consecutively to any other	2227
prison term or mandatory prison term previously or subsequently	2228
imposed upon the offender.	2229

(2) If an offender who is an inmate in a jail, prison, or	2230
other residential detention facility violates section 2917.02,	2231
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	2232
who is under detention at a detention facility commits a felony	2233
violation of section 2923.131 of the Revised Code, or if an	2234
offender who is an inmate in a jail, prison, or other residential	2235
detention facility or is under detention at a detention facility	2236
commits another felony while the offender is an escapee in	2237
violation of section 2921.34 of the Revised Code, any prison term	2238
imposed upon the offender for one of those violations shall be	2239
served by the offender consecutively to the prison term or term of	2240
imprisonment the offender was serving when the offender committed	2241
that offense and to any other prison term previously or	2242
subsequently imposed upon the offender.	2243

(3) If a prison term is imposed for a violation of division	2244
(B) of section 2911.01 of the Revised Code, a violation of	2245
division (A) of section 2913.02 of the Revised Code in which the	2246
stolen property is a firearm or dangerous ordnance, or a felony	2247
violation of division (B) of section 2921.331 of the Revised Code,	2248
the offender shall serve that prison term consecutively to any	2249
other prison term or mandatory prison term previously or	2250
subsequently imposed upon the offender.	2251

(4) If multiple prison terms are imposed on an offender for	2252
convictions of multiple offenses, the court may require the	2253
offender to serve the prison terms consecutively if the court	2254
finds that the consecutive service is necessary to protect the	2255
public from future crime or to punish the offender and that	2256
consecutive sentences are not disproportionate to the seriousness	2257
of the offender's conduct and to the danger the offender poses to	2258
the public, and if the court also finds any of the following:	2259

(a) The offender committed one or more of the multiple	2260
offenses while the offender was awaiting trial or sentencing, was	2261
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2262
2929.18 of the Revised Code, or was under post-release control for	2263
a prior offense.	2264

(b) At least two of the multiple offenses were committed as	2265
part of one or more courses of conduct, and the harm caused by two	2266
or more of the multiple offenses so committed was so great or	2267
unusual that no single prison term for any of the offenses	2268
committed as part of any of the courses of conduct adequately	2269
reflects the seriousness of the offender's conduct.	2270

(c) The offender's history of criminal conduct demonstrates	2271
that consecutive sentences are necessary to protect the public	2272
from future crime by the offender.	2273

(5) If a mandatory prison term is imposed upon an offender	2274
pursuant to division (D)(5) or (6) of this section, the offender	2275
shall serve the mandatory prison term consecutively to and prior	2276
to any prison term imposed for the underlying violation of	2277
division (A)(1) or (2) of section 2903.06 of the Revised Code	2278
pursuant to division (A) of this section or section 2929.142 of	2279
the Revised Code. If a mandatory prison term is imposed upon an	2280
offender pursuant to division (D)(5) of this section, and if a	2281
mandatory prison term also is imposed upon the offender pursuant	2282
to division (D)(6) of this section in relation to the same	2283
violation, the offender shall serve the mandatory prison term	2284
imposed pursuant to division (D)(5) of this section consecutively	2285
to and prior to the mandatory prison term imposed pursuant to	2286
division (D)(6) of this section and consecutively to and prior to	2287
any prison term imposed for the underlying violation of division	2288
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2289
division (A) of this section or section 2929.142 of the Revised	2290
Code.	2291

(6) When consecutive prison terms are imposed pursuant to	2292
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	2293
of this section, the term to be served is the aggregate of all of	2294
the terms so imposed.	2295

(F)(1) If a court imposes a prison term for a felony of the	2296
first degree, for a felony of the second degree, for a felony sex	2297
offense, or for a felony of the third degree that is not a felony	2298
sex offense and in the commission of which the offender caused or	2299
threatened to cause physical harm to a person, it shall include in	2300
the sentence a requirement that the offender be subject to a	2301
period of post-release control after the offender's release from	2302
imprisonment, in accordance with that division. If a court imposes	2303
a sentence including a prison term of a type described in this	2304
division on or after July 11, 2006, the failure of a court to	2305
include a post-release control requirement in the sentence	2306
pursuant to this division does not negate, limit, or otherwise	2307
affect the mandatory period of post-release control that is	2308
required for the offender under division (B) of section 2967.28 of	2309
the Revised Code. Section 2929.191 of the Revised Code applies if,	2310
prior to July 11, 2006, a court imposed a sentence including a	2311
prison term of a type described in this division and failed to	2312
include in the sentence pursuant to this division a statement	2313
regarding post-release control.	2314

(2) If a court imposes a prison term for a felony of the	2315
third, fourth, or fifth degree that is not subject to division	2316
(F)(1) of this section, it shall include in the sentence a	2317
requirement that the offender be subject to a period of	2318
post-release control after the offender's release from	2319
imprisonment, in accordance with that division, if the parole	2320
board determines that a period of post-release control is	2321
necessary. Section 2929.191 of the Revised Code applies if, prior	2322
to July 11, 2006, a court imposed a sentence including a prison	2323
term of a type described in this division and failed to include in	2324
the sentence pursuant to this division a statement regarding	2325
post-release control.	2326

(G) The court shall impose sentence upon the offender in	2327
accordance with section 2971.03 of the Revised Code, and Chapter	2328
2971. of the Revised Code applies regarding the prison term or	2329
term of life imprisonment without parole imposed upon the offender	2330
and the service of that term of imprisonment if any of the	2331
following apply:	2332

(1) A person is convicted of or pleads guilty to a violent	2333
sex offense or a designated homicide, assault, or kidnapping	2334
offense, and, in relation to that offense, the offender is	2335
adjudicated a sexually violent predator.	2336

(2) A person is convicted of or pleads guilty to a violation	2337
of division (A)(1)(b) of section 2907.02 of the Revised Code	2338
committed on or after January 2, 2007, and either the court does	2339
not impose a sentence of life without parole when authorized	2340
pursuant to division (B) of section 2907.02 of the Revised Code,	2341
or division (B) of section 2907.02 of the Revised Code provides	2342
that the court shall not sentence the offender pursuant to section	2343
2971.03 of the Revised Code.	2344

(3) A person is convicted of or pleads guilty to attempted	2345
rape committed on or after January 2, 2007, and a specification of	2346
the type described in section 2941.1418, 2941.1419, or 2941.1420	2347
of the Revised Code.	2348

(4) A person is convicted of or pleads guilty to a violation	2349
of section 2905.01 of the Revised Code committed on or after	2350
January 1, 2008, and that section requires the court to sentence	2351
the offender pursuant to section 2971.03 of the Revised Code.	2352

(5) A person is convicted of or pleads guilty to aggravated	2353
murder committed on or after January 1, 2008, and division	2354
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2355
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2356
(E)(1)(d) of section 2929.03, or division (A) or (B)(C) of section	2357
2929.062929.02 of the Revised Code requires the court to sentence	2358
the offender pursuant to division (B)(3) of section 2971.03 of the	2359
Revised Code.	2360

(6) A person is convicted of or pleads guilty to murder	2361
committed on or after January 1, 2008, and division (B)(2)(C)(1)	2362
of section 2929.02 of the Revised Code requires the court to	2363
sentence the offender pursuant to section 2971.03 of the Revised	2364
Code.	2365

(H) If a person who has been convicted of or pleaded guilty	2366
to a felony is sentenced to a prison term or term of imprisonment	2367
under this section, sectionssection 2929.02 to 2929.06 of the	2368
Revised Code, section 2929.142 of the Revised Code, sectionor	2369
2971.03 of the Revised Code, or any other provision of law,	2370
section 5120.163 of the Revised Code applies regarding the person	2371
while the person is confined in a state correctional institution.	2372

(I) If an offender who is convicted of or pleads guilty to a	2373
felony that is an offense of violence also is convicted of or	2374
pleads guilty to a specification of the type described in section	2375
2941.142 of the Revised Code that charges the offender with having	2376
committed the felony while participating in a criminal gang, the	2377
court shall impose upon the offender an additional prison term of	2378
one, two, or three years.	2379

(J)(1) If an offender who is convicted of or pleads guilty to	2380
aggravated murder, murder, or a felony of the first, second, or	2381
third degree that is an offense of violence also is convicted of	2382
or pleads guilty to a specification of the type described in	2383
section 2941.143 of the Revised Code that charges the offender	2384
with having committed the offense in a school safety zone or	2385
towards a person in a school safety zone, the court shall impose	2386
upon the offender an additional prison term of two years. The	2387
offender shall serve the additional two years consecutively to and	2388
prior to the prison term imposed for the underlying offense.	2389

(2)(a) If an offender is convicted of or pleads guilty to a	2390
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2391
of the Revised Code and to a specification of the type described	2392
in section 2941.1421 of the Revised Code and if the court imposes	2393
a prison term on the offender for the felony violation, the court	2394
may impose upon the offender an additional prison term as follows:	2395

(i) Subject to division (J)(2)(a)(ii) of this section, an	2396
additional prison term of one, two, three, four, five, or six	2397
months;	2398

(ii) If the offender previously has been convicted of or	2399
pleaded guilty to one or more felony or misdemeanor violations of	2400
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2401
Revised Code and also was convicted of or pleaded guilty to a	2402
specification of the type described in section 2941.1421 of the	2403
Revised Code regarding one or more of those violations, an	2404
additional prison term of one, two, three, four, five, six, seven,	2405
eight, nine, ten, eleven, or twelve months.	2406

(b) In lieu of imposing an additional prison term under	2407
division (J)(2)(a) of this section, the court may directly impose	2408
on the offender a sanction that requires the offender to wear a	2409
real-time processing, continual tracking electronic monitoring	2410
device during the period of time specified by the court. The	2411
period of time specified by the court shall equal the duration of	2412
an additional prison term that the court could have imposed upon	2413
the offender under division (J)(2)(a) of this section. A sanction	2414
imposed under this division shall commence on the date specified	2415
by the court, provided that the sanction shall not commence until	2416
after the offender has served the prison term imposed for the	2417
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2418
of the Revised Code and any residential sanction imposed for the	2419
violation under section 2929.16 of the Revised Code. A sanction	2420
imposed under this division shall be considered to be a community	2421
control sanction for purposes of section 2929.15 of the Revised	2422
Code, and all provisions of the Revised Code that pertain to	2423
community control sanctions shall apply to a sanction imposed	2424
under this division, except to the extent that they would by their	2425
nature be clearly inapplicable. The offender shall pay all costs	2426
associated with a sanction imposed under this division, including	2427
the cost of the use of the monitoring device.	2428

(K) At the time of sentencing, the court may recommend the	2429
offender for placement in a program of shock incarceration under	2430
section 5120.031 of the Revised Code or for placement in an	2431
intensive program prison under section 5120.032 of the Revised	2432
Code, disapprove placement of the offender in a program of shock	2433
incarceration or an intensive program prison of that nature, or	2434
make no recommendation on placement of the offender. In no case	2435
shall the department of rehabilitation and correction place the	2436
offender in a program or prison of that nature unless the	2437
department determines as specified in section 5120.031 or 5120.032	2438
of the Revised Code, whichever is applicable, that the offender is	2439
eligible for the placement.	2440

If the court disapproves placement of the offender in a	2441
program or prison of that nature, the department of rehabilitation	2442
and correction shall not place the offender in any program of	2443
shock incarceration or intensive program prison.	2444

If the court recommends placement of the offender in a	2445
program of shock incarceration or in an intensive program prison,	2446
and if the offender is subsequently placed in the recommended	2447
program or prison, the department shall notify the court of the	2448
placement and shall include with the notice a brief description of	2449
the placement.	2450

If the court recommends placement of the offender in a	2451
program of shock incarceration or in an intensive program prison	2452
and the department does not subsequently place the offender in the	2453
recommended program or prison, the department shall send a notice	2454
to the court indicating why the offender was not placed in the	2455
recommended program or prison.	2456

If the court does not make a recommendation under this	2457
division with respect to an offender and if the department	2458
determines as specified in section 5120.031 or 5120.032 of the	2459
Revised Code, whichever is applicable, that the offender is	2460
eligible for placement in a program or prison of that nature, the	2461
department shall screen the offender and determine if there is an	2462
available program of shock incarceration or an intensive program	2463
prison for which the offender is suited. If there is an available	2464
program of shock incarceration or an intensive program prison for	2465
which the offender is suited, the department shall notify the	2466
court of the proposed placement of the offender as specified in	2467
section 5120.031 or 5120.032 of the Revised Code and shall include	2468
with the notice a brief description of the placement. The court	2469
shall have ten days from receipt of the notice to disapprove the	2470
placement.	2471

(L) If a person is convicted of or pleads guilty to	2472
aggravated vehicular homicide in violation of division (A)(1) of	2473
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2474
section applies, the person shall be sentenced pursuant to section	2475
2929.142 of the Revised Code.	2476

Sec. 2941.14. (A) In an indictment for aggravated murder,	2477
murder, or voluntary or involuntary manslaughter, the manner in	2478
which, or the means by which the death was caused need not be set	2479
forth.	2480

(B) Imposition of the death penalty for aggravated murder is	2481
precluded unless the indictment or count in the indictment	2482
charging the offense specifies one or more of the aggravating	2483
circumstances listed in division (A) of section 2929.04 of the	2484
Revised Code. If more than one aggravating circumstance is	2485
specified to an indictment or count, each shall be in a separately	2486
numbered specification, and if an aggravating circumstance is	2487
specified to a count in an indictment containing more than one	2488
count, such specification shall be identified as to the count to	2489
which it applies.	2490

(C) A specification to an indictment or count in an	2491
indictment charging aggravated murder shall be stated at the end	2492
of the body of the indictment or count, and may be in	2493
substantially the following form:	2494

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	2495
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	2496
Jurors further find and specify that (set forth the applicable	2497
aggravating circumstance listed in divisions (A)(1) to (10) of	2498
section 2929.04 of the Revised Code. The aggravating circumstance	2499
may be stated in the words of the subdivision in which it appears,	2500
or in words sufficient to give the accused notice of the same)."	2501

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	2502
the Revised Code to an offender is precluded unless one of the	2503
following applies:	2504

(a) The offender is charged with a violent sex offense, and	2505
the indictment, count in the indictment, or information charging	2506
the violent sex offense also includes a specification that the	2507
offender is a sexually violent predator, or the offender is	2508
charged with a designated homicide, assault, or kidnapping	2509
offense, and the indictment, count in the indictment, or	2510
information charging the designated homicide, assault, or	2511
kidnapping offense also includes both a specification of the type	2512
described in section 2941.147 of the Revised Code and a	2513
specification that the offender is a sexually violent predator.	2514

(b) The offender is convicted of or pleads guilty to a	2515
violation of division (A)(1)(b) of section 2907.02 of the Revised	2516
Code committed on or after January 2, 2007, and division (B) of	2517
section 2907.02 of the Revised Code does not prohibit the court	2518
from sentencing the offender pursuant to section 2971.03 of the	2519
Revised Code.	2520

(c) The offender is convicted of or pleads guilty to	2521
attempted rape committed on or after January 2, 2007, and to a	2522
specification of the type described in section 2941.1418,	2523
2941.1419, or 2941.1420 of the Revised Code.	2524

(d) The offender is convicted of or pleads guilty to a	2525
violation of section 2905.01 of the Revised Code and to a	2526
specification of the type described in section 2941.147 of the	2527
Revised Code, and section 2905.01 of the Revised Code requires a	2528
court to sentence the offender pursuant to section 2971.03 of the	2529
Revised Code.	2530

(e) The offender is convicted of or pleads guilty to	2531
aggravated murder and to a specification of the type described in	2532
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	2533
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	2534
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	2535
2929.03, or division (A) or (B)(C)(1) of section 2929.062929.02	2536
of the Revised Code requires a court to sentence the offender	2537
pursuant to division (B)(3) of section 2971.03 of the Revised	2538
Code.	2539

(f) The offender is convicted of or pleads guilty to murder	2540
and to a specification of the type described in section 2941.147	2541
of the Revised Code, and division (B)(2)(C)(1) of section 2929.02	2542
of the Revised Code requires a court to sentence the offender	2543
pursuant to section 2971.03 of the Revised Code.	2544

(2) A specification required under division (A)(1)(a) of this	2545
section that an offender is a sexually violent predator shall be	2546
stated at the end of the body of the indictment, count, or	2547
information and shall be stated in substantially the following	2548
form:	2549

"Specification (or, specification to the first count). The	2550
grand jury (or insert the person's or prosecuting attorney's name	2551
when appropriate) further find and specify that the offender is a	2552
sexually violent predator."	2553

(B) In determining for purposes of this section whether a	2554
person is a sexually violent predator, all of the factors set	2555
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	2556
Code that apply regarding the person may be considered as evidence	2557
tending to indicate that it is likely that the person will engage	2558
in the future in one or more sexually violent offenses.	2559

(C) As used in this section, "designated homicide, assault,	2560
or kidnapping offense," "violent sex offense," and "sexually	2561
violent predator" have the same meanings as in section 2971.01 of	2562
the Revised Code.	2563

Sec. 2941.401.  When a person has entered upon a term of	2564
imprisonment in a correctional institution of this state, and when	2565
during the continuance of the term of imprisonment there is	2566
pending in this state any untried indictment, information, or	2567
complaint against the prisoner, hethe prisoner shall be brought	2568
to trial within one hundred eighty days after hethe prisoner	2569
causes to be delivered to the prosecuting attorney and the	2570
appropriate court in which the matter is pending, written notice	2571
of the place of histhe prisoner's imprisonment and a request for	2572
a final disposition to be made of the matter, except that for good	2573
cause shown in open court, with the prisoner or histhe prisoner's	2574
counsel present, the court may grant any necessary or reasonable	2575
continuance. The request of the prisoner shall be accompanied by a	2576
certificate of the warden or superintendent having custody of the	2577
prisoner, stating the term of commitment under which the prisoner	2578
is being held, the time served and remaining to be served on the	2579
sentence, the amount of good time earned, the time of parole	2580
eligibility of the prisoner, and any decisions of the adult parole	2581
authority relating to the prisoner.	2582

The written notice and request for final disposition shall be	2583
given or sent by the prisoner to the warden or superintendent	2584
having custody of himthe prisoner, who shall promptly forward it	2585
with the certificate to the appropriate prosecuting attorney and	2586
court by registered or certified mail, return receipt requested.	2587

The warden or superintendent having custody of the prisoner	2588
shall promptly inform himthe prisoner in writing of the source	2589
and contents of any untried indictment, information, or complaint	2590
against himthe prisoner, concerning which the warden or	2591
superintendent has knowledge, and of histhe prisoner's right to	2592
make a request for final disposition thereof.	2593

Escape from custody by the prisoner, subsequent to histhe	2594
prisoner's execution of the request for final disposition, voids	2595
the request.	2596

If the action is not brought to trial within the time	2597
provided, subject to continuance allowed pursuant to this section,	2598
no court any longer has jurisdiction thereof, the indictment,	2599
information, or complaint is void, and the court shall enter an	2600
order dismissing the action with prejudice.	2601

This section does not apply to any person adjudged to be	2602
mentally ill or who is under sentence of life imprisonment or	2603
death, or to any prisoner under sentence of death.	2604

Sec. 2941.43.  If the convict referred to in section 2941.40	2605
of the Revised Code is acquitted, hethe convict shall be	2606
forthwith returned by the sheriff to the state correctional	2607
institution to serve out the remainder of histhe convict's	2608
sentence. If hethe convict is sentenced to imprisonment in a	2609
state correctional institution, hethe convict shall be returned	2610
to the state correctional institution by the sheriff to serve his	2611
newthe convict's term. If he is sentenced to death, the death	2612
sentence shall be executed as if he were not under sentence of	2613
imprisonment in a state correctional institution.	2614

Sec. 2941.51.  (A) Counsel appointed to a case or selected by	2615
an indigent person under division (E) of section 120.16 or	2616
division (E) of section 120.26 of the Revised Code, or otherwise	2617
appointed by the court, except for counsel appointed by the court	2618
to provide legal representation for a person charged with a	2619
violation of an ordinance of a municipal corporation, shall be	2620
paid for their services by the county the compensation and	2621
expenses that the trial court approves. Each request for payment	2622
shall be accompanied by a financial disclosure form and an	2623
affidavit of indigency that are completed by the indigent person	2624
on forms prescribed by the state public defender. Compensation and	2625
expenses shall not exceed the amounts fixed by the board of county	2626
commissioners pursuant to division (B) of this section.	2627

(B) The board of county commissioners shall establish a	2628
schedule of fees by case or on an hourly basis to be paid by the	2629
county for legal services provided by appointed counsel. Prior to	2630
establishing such schedule, the board shall request the bar	2631
association or associations of the county to submit a proposed	2632
schedule. The schedule submitted shall be subject to the review,	2633
amendment, and approval of the board of county commissioners.	2634

(C) In a case where counsel have been appointed to conduct an	2635
appeal under Chapter 120. of the Revised Code, such compensation	2636
shall be fixed by the court of appeals or the supreme court, as	2637
provided in divisions (A) and (B) of this section.	2638

(D) The fees and expenses approved by the court under this	2639
section shall not be taxed as part of the costs and shall be paid	2640
by the county. However, if the person represented has, or	2641
reasonably may be expected to have, the means to meet some part of	2642
the cost of the services rendered to the person, the person shall	2643
pay the county an amount that the person reasonably can be	2644
expected to pay. Pursuant to section 120.04 of the Revised Code,	2645
the county shall pay to the state public defender a percentage of	2646
the payment received from the person in an amount proportionate to	2647
the percentage of the costs of the person's case that were paid to	2648
the county by the state public defender pursuant to this section.	2649
The money paid to the state public defender shall be credited to	2650
the client payment fund created pursuant to division (B)(5) of	2651
section 120.04 of the Revised Code.	2652

(E) The county auditor shall draw a warrant on the county	2653
treasurer for the payment of such counsel in the amount fixed by	2654
the court, plus the expenses that the court fixes and certifies to	2655
the auditor. The county auditor shall report periodically, but not	2656
less than annually, to the board of county commissioners and to	2657
the Ohio public defender commission the amounts paid out pursuant	2658
to the approval of the court under this section, separately	2659
stating costs and expenses that are reimbursable under section	2660
120.35 of the Revised Code. The board, after review and approval	2661
of the auditor's report, may then certify it to the state public	2662
defender for reimbursement. The request for reimbursement shall be	2663
accompanied by a financial disclosure form completed by each	2664
indigent person for whom counsel was provided on a form prescribed	2665
by the state public defender. The state public defender shall	2666
review the report and, in accordance with the standards,	2667
guidelines, and maximums established pursuant to divisions (B)(7)	2668
and (8) of section 120.04 of the Revised Code, pay fifty per cent	2669
of the total cost, other than costs and expenses that are	2670
reimbursable under section 120.35 of the Revised Code, if any, of	2671
paying appointed counsel in each county and pay fifty per cent of	2672
costs and expenses that are reimbursable under section 120.35 of	2673
the Revised Code, if any, to the board.	2674

(F) If any county system for paying appointed counsel fails	2675
to maintain the standards for the conduct of the system	2676
established by the rules of the Ohio public defender commission	2677
pursuant to divisions (B) and (C) of section 120.03 of the Revised	2678
Code or the standards established by the state public defender	2679
pursuant to division (B)(7) of section 120.04 of the Revised Code,	2680
the commission shall notify the board of county commissioners of	2681
the county that the county system for paying appointed counsel has	2682
failed to comply with its rules. Unless the board corrects the	2683
conduct of its appointed counsel system to comply with the rules	2684
within ninety days after the date of the notice, the state public	2685
defender may deny all or part of the county's reimbursement from	2686
the state provided for in this section.	2687

Sec. 2945.06.  In any case in which a defendant waives his	2688
right to trial by jury and elects to be tried by the court under	2689
section 2945.05 of the Revised Code, any judge of the court in	2690
which the cause is pending shall proceed to hear, try, and	2691
determine the cause in accordance with the rules and in like	2692
manner as if the cause were being tried before a jury. If the	2693
accused is charged with an offense punishable with death, he shall	2694
be tried by a court to be composed of three judges, consisting of	2695
the judge presiding at the time in the trial of criminal cases and	2696
two other judges to be designated by the presiding judge or chief	2697
justice of that court, and in case there is neither a presiding	2698
judge nor a chief justice, by the chief justice of the supreme	2699
court. The judges or a majority of them may decide all questions	2700
of fact and law arising upon the trial; however the accused shall	2701
not be found guilty or not guilty of any offense unless the judges	2702
unanimously find the accused guilty or not guilty. If the accused	2703
pleads guilty of aggravated murder, a court composed of three	2704
judges shall examine the witnesses, determine whether the accused	2705
is guilty of aggravated murder or any other offense, and pronounce	2706
sentence accordingly. The court shall follow the procedures	2707
contained in sections 2929.03 and 2929.04 of the Revised Code in	2708
all cases in which the accused is charged with an offense	2709
punishable by death. If in the composition of the court it is	2710
necessary that a judge from another county be assigned by the	2711
chief justice, the judge from another county shall be compensated	2712
for his services as provided by section 141.07 of the Revised	2713
Code.	2714

Sec. 2945.21.  (A)(1) In criminal cases in which there is	2715
only one defendant, each party, in addition to the challenges for	2716
cause authorized by law, may peremptorily challenge three of the	2717
jurors in misdemeanor cases and four of the jurors in felony cases	2718
other than capital cases. If there is more than one defendant,	2719
each defendant may peremptorily challenge the same number of	2720
jurors as if hethe defendant were the sole defendant.	2721

(2) Notwithstanding Criminal Rule 24, in capital cases in	2722
which there is only one defendant, each party, in addition to the	2723
challenges for cause authorized by law, may peremptorily challenge	2724
twelve of the jurors. If there is more than one defendant, each	2725
defendant may peremptorily challenge the same number of jurors as	2726
if he were the sole defendant.	2727

(3) In any case in which there are multiple defendants, the	2728
prosecuting attorney may peremptorily challenge a number of jurors	2729
equal to the total number of peremptory challenges allowed to all	2730
of the defendants.	2731

(B) If any indictments, informations, or complaints are	2732
consolidated for trial, the consolidated cases shall be	2733
considered, for purposes of exercising peremptory challenges, as	2734
though the defendants or offenses had been joined in the same	2735
indictment, information, or complaint.	2736

(C) The exercise of peremptory challenges authorized by this	2737
section shall be in accordance with the procedures of Criminal	2738
Rule 24.	2739

Sec. 2945.25.  A person called as a juror in a criminal case	2740
may be challenged for the following causes:	2741

(A) That hethe person was a member of the grand jury that	2742
found the indictment in the case;	2743

(B) That hethe person is possessed of a state of mind	2744
evincing enmity or bias toward the defendant or the state; but no	2745
person summoned as a juror shall be disqualified by reason of a	2746
previously formed or expressed opinion with reference to the guilt	2747
or innocence of the accused, if the court is satisfied, from	2748
examination of the juror or from other evidence, that hethe juror	2749
will render an impartial verdict according to the law and the	2750
evidence submitted to the jury at the trial;	2751

(C) In the trial of a capital offense, that he unequivocally	2752
states that under no circumstances will he follow the instructions	2753
of a trial judge and consider fairly the imposition of a sentence	2754
of death in a particular case. A prospective juror's conscientious	2755
or religious opposition to the death penalty in and of itself is	2756
not grounds for a challenge for cause. All parties shall be given	2757
wide latitude in voir dire questioning in this regard.	2758

(D) That hethe person is related by consanguinity or	2759
affinity within the fifth degree to the person alleged to be	2760
injured or attempted to be injured by the offense charged, or to	2761
the person on whose complaint the prosecution was instituted, or	2762
to the defendant;	2763

(E)(D) That hethe person served on a petit jury drawn in the	2764
same cause against the same defendant, and that jury was	2765
discharged after hearing the evidence or rendering a verdict on	2766
the evidence that was set aside;	2767

(F)(E) That hethe person served as a juror in a civil case	2768
brought against the defendant for the same act;	2769

(G)(F) That hethe person has been subpoenaed in good faith	2770
as a witness in the case;	2771

(H)(G) That hethe person is a chronic alcoholic, or drug	2772
dependent person;	2773

(I)(H) That hethe person has been convicted of a crime that	2774
by law disqualifies himthe person from serving on a jury;	2775

(J)(I) That hethe person has an action pending between him	2776
the person and the state or the defendant;	2777

(K)(J) That hethe person or histhe person's spouse is a	2778
party to another action then pending in any court in which an	2779
attorney in the cause then on trial is an attorney, either for or	2780
against himthe person;	2781

(L)(K) That hethe person is the person alleged to be injured	2782
or attempted to be injured by the offense charged, or is the	2783
person on whose complaint the prosecution was instituted, or the	2784
defendant;	2785

(M)(L) That hethe person is the employer or employee, or the	2786
spouse, parent, son, or daughter of the employer or employee, or	2787
the counselor, agent, or attorney of any person included in	2788
division (L)(K) of this section;	2789

(N)(M) That English is not histhe person's native language,	2790
and histhe person's knowledge of English is insufficient to	2791
permit himthe person to understand the facts and law in the case;	2792

(O)(N) That hethe person otherwise is unsuitable for any	2793
other cause to serve as a juror.	2794

The validity of each challenge listed in this section shall	2795
be determined by the court.	2796

Sec. 2945.38.  (A) If the issue of a defendant's competence	2797
to stand trial is raised and if the court, upon conducting the	2798
hearing provided for in section 2945.37 of the Revised Code, finds	2799
that the defendant is competent to stand trial, the defendant	2800
shall be proceeded against as provided by law. If the court finds	2801
the defendant competent to stand trial and the defendant is	2802
receiving psychotropic drugs or other medication, the court may	2803
authorize the continued administration of the drugs or medication	2804
or other appropriate treatment in order to maintain the	2805
defendant's competence to stand trial, unless the defendant's	2806
attending physician advises the court against continuation of the	2807
drugs, other medication, or treatment.	2808

(B)(1)(a) If, after taking into consideration all relevant	2809
reports, information, and other evidence, the court finds that the	2810
defendant is incompetent to stand trial and that there is a	2811
substantial probability that the defendant will become competent	2812
to stand trial within one year if the defendant is provided with a	2813
course of treatment, the court shall order the defendant to	2814
undergo treatment. If the defendant has been charged with a felony	2815
offense and if, after taking into consideration all relevant	2816
reports, information, and other evidence, the court finds that the	2817
defendant is incompetent to stand trial, but the court is unable	2818
at that time to determine whether there is a substantial	2819
probability that the defendant will become competent to stand	2820
trial within one year if the defendant is provided with a course	2821
of treatment, the court shall order continuing evaluation and	2822
treatment of the defendant for a period not to exceed four months	2823
to determine whether there is a substantial probability that the	2824
defendant will become competent to stand trial within one year if	2825
the defendant is provided with a course of treatment.	2826

(b) The court order for the defendant to undergo treatment or	2827
continuing evaluation and treatment under division (B)(1)(a) of	2828
this section shall specify that the treatment or continuing	2829
evaluation and treatment shall occur at a facility operated by the	2830
department of mental health or the department of developmental	2831
disabilities, at a facility certified by either of those	2832
departments as being qualified to treat mental illness or mental	2833
retardation, at a public or private community mental health or	2834
mental retardation facility, or by a psychiatrist or another	2835
mental health or mental retardation professional. The order may	2836
restrict the defendant's freedom of movement as the court	2837
considers necessary. The prosecutor in the defendant's case shall	2838
send to the chief clinical officer of the hospital or facility,	2839
the managing officer of the institution, the director of the	2840
program, or the person to which the defendant is committed copies	2841
of relevant police reports and other background information that	2842
pertains to the defendant and is available to the prosecutor	2843
unless the prosecutor determines that the release of any of the	2844
information in the police reports or any of the other background	2845
information to unauthorized persons would interfere with the	2846
effective prosecution of any person or would create a substantial	2847
risk of harm to any person.	2848

In determining placement alternatives, the court shall	2849
consider the extent to which the person is a danger to the person	2850
and to others, the need for security, and the type of crime	2851
involved and shall order the least restrictive alternative	2852
available that is consistent with public safety and treatment	2853
goals. In weighing these factors, the court shall give preference	2854
to protecting public safety.	2855

(c) If the defendant is found incompetent to stand trial, if	2856
the chief clinical officer of the hospital or facility, the	2857
managing officer of the institution, the director of the program,	2858
or the person to which the defendant is committed for treatment or	2859
continuing evaluation and treatment under division (B)(1)(b) of	2860
this section determines that medication is necessary to restore	2861
the defendant's competency to stand trial, and if the defendant	2862
lacks the capacity to give informed consent or refuses medication,	2863
the chief clinical officer, managing officer, director, or person	2864
to which the defendant is committed for treatment or continuing	2865
evaluation and treatment may petition the court for authorization	2866
for the involuntary administration of medication. The court shall	2867
hold a hearing on the petition within five days of the filing of	2868
the petition if the petition was filed in a municipal court or a	2869
county court regarding an incompetent defendant charged with a	2870
misdemeanor or within ten days of the filing of the petition if	2871
the petition was filed in a court of common pleas regarding an	2872
incompetent defendant charged with a felony offense. Following the	2873
hearing, the court may authorize the involuntary administration of	2874
medication or may dismiss the petition.	2875

(2) If the court finds that the defendant is incompetent to	2876
stand trial and that, even if the defendant is provided with a	2877
course of treatment, there is not a substantial probability that	2878
the defendant will become competent to stand trial within one	2879
year, the court shall order the discharge of the defendant, unless	2880
upon motion of the prosecutor or on its own motion, the court	2881
either seeks to retain jurisdiction over the defendant pursuant to	2882
section 2945.39 of the Revised Code or files an affidavit in the	2883
probate court for the civil commitment of the defendant pursuant	2884
to Chapter 5122. or 5123. of the Revised Code alleging that the	2885
defendant is a mentally ill person subject to hospitalization by	2886
court order or a mentally retarded person subject to	2887
institutionalization by court order. If an affidavit is filed in	2888
the probate court, the trial court shall send to the probate court	2889
copies of all written reports of the defendant's mental condition	2890
that were prepared pursuant to section 2945.371 of the Revised	2891
Code.	2892

The trial court may issue the temporary order of detention	2893
that a probate court may issue under section 5122.11 or 5123.71 of	2894
the Revised Code, to remain in effect until the probable cause or	2895
initial hearing in the probate court. Further proceedings in the	2896
probate court are civil proceedings governed by Chapter 5122. or	2897
5123. of the Revised Code.	2898

(C) No defendant shall be required to undergo treatment,	2899
including any continuing evaluation and treatment, under division	2900
(B)(1) of this section for longer than whichever of the following	2901
periods is applicable:	2902

(1) One year, if the most serious offense with which the	2903
defendant is charged is one of the following offenses:	2904

(a) Aggravated murder, murder, or an offense of violence for	2905
which a sentence of death or life imprisonment may be imposed;	2906

(b) An offense of violence that is a felony of the first or	2907
second degree;	2908

(c) A conspiracy to commit, an attempt to commit, or	2909
complicity in the commission of an offense described in division	2910
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	2911
complicity is a felony of the first or second degree.	2912

(2) Six months, if the most serious offense with which the	2913
defendant is charged is a felony other than a felony described in	2914
division (C)(1) of this section;	2915

(3) Sixty days, if the most serious offense with which the	2916
defendant is charged is a misdemeanor of the first or second	2917
degree;	2918

(4) Thirty days, if the most serious offense with which the	2919
defendant is charged is a misdemeanor of the third or fourth	2920
degree, a minor misdemeanor, or an unclassified misdemeanor.	2921

(D) Any defendant who is committed pursuant to this section	2922
shall not voluntarily admit the defendant or be voluntarily	2923
admitted to a hospital or institution pursuant to section 5122.02,	2924
5122.15, 5123.69, or 5123.76 of the Revised Code.	2925

(E) Except as otherwise provided in this division, a	2926
defendant who is charged with an offense and is committed to a	2927
hospital or other institution by the court under this section	2928
shall not be granted unsupervised on-grounds movement, supervised	2929
off-grounds movement, or nonsecured status. The court may grant a	2930
defendant supervised off-grounds movement to obtain medical	2931
treatment or specialized habilitation treatment services if the	2932
person who supervises the treatment or the continuing evaluation	2933
and treatment of the defendant ordered under division (B)(1)(a) of	2934
this section informs the court that the treatment or continuing	2935
evaluation and treatment cannot be provided at the hospital or the	2936
institution to which the defendant is committed. The chief	2937
clinical officer of the hospital or the managing officer of the	2938
institution to which the defendant is committed or a designee of	2939
either of those persons may grant a defendant movement to a	2940
medical facility for an emergency medical situation with	2941
appropriate supervision to ensure the safety of the defendant,	2942
staff, and community during that emergency medical situation. The	2943
chief clinical officer of the hospital or the managing officer of	2944
the institution shall notify the court within twenty-four hours of	2945
the defendant's movement to the medical facility for an emergency	2946
medical situation under this division.	2947

(F) The person who supervises the treatment or continuing	2948
evaluation and treatment of a defendant ordered to undergo	2949
treatment or continuing evaluation and treatment under division	2950
(B)(1)(a) of this section shall file a written report with the	2951
court at the following times:	2952

(1) Whenever the person believes the defendant is capable of	2953
understanding the nature and objective of the proceedings against	2954
the defendant and of assisting in the defendant's defense;	2955

(2) For a felony offense, fourteen days before expiration of	2956
the maximum time for treatment as specified in division (C) of	2957
this section and fourteen days before the expiration of the	2958
maximum time for continuing evaluation and treatment as specified	2959
in division (B)(1)(a) of this section, and, for a misdemeanor	2960
offense, ten days before the expiration of the maximum time for	2961
treatment, as specified in division (C) of this section;	2962

(3) At a minimum, after each six months of treatment;

2963

(4) Whenever the person who supervises the treatment or	2964
continuing evaluation and treatment of a defendant ordered under	2965
division (B)(1)(a) of this section believes that there is not a	2966
substantial probability that the defendant will become capable of	2967
understanding the nature and objective of the proceedings against	2968
the defendant or of assisting in the defendant's defense even if	2969
the defendant is provided with a course of treatment.	2970

(G) A report under division (F) of this section shall contain	2971
the examiner's findings, the facts in reasonable detail on which	2972
the findings are based, and the examiner's opinion as to the	2973
defendant's capability of understanding the nature and objective	2974
of the proceedings against the defendant and of assisting in the	2975
defendant's defense. If, in the examiner's opinion, the defendant	2976
remains incapable of understanding the nature and objective of the	2977
proceedings against the defendant and of assisting in the	2978
defendant's defense and there is a substantial probability that	2979
the defendant will become capable of understanding the nature and	2980
objective of the proceedings against the defendant and of	2981
assisting in the defendant's defense if the defendant is provided	2982
with a course of treatment, if in the examiner's opinion the	2983
defendant remains mentally ill or mentally retarded, and if the	2984
maximum time for treatment as specified in division (C) of this	2985
section has not expired, the report also shall contain the	2986
examiner's recommendation as to the least restrictive treatment	2987
alternative that is consistent with the defendant's treatment	2988
needs for restoration to competency and with the safety of the	2989
community. The court shall provide copies of the report to the	2990
prosecutor and defense counsel.	2991

(H) If a defendant is committed pursuant to division (B)(1)	2992
of this section, within ten days after the treating physician of	2993
the defendant or the examiner of the defendant who is employed or	2994
retained by the treating facility advises that there is not a	2995
substantial probability that the defendant will become capable of	2996
understanding the nature and objective of the proceedings against	2997
the defendant or of assisting in the defendant's defense even if	2998
the defendant is provided with a course of treatment, within ten	2999
days after the expiration of the maximum time for treatment as	3000
specified in division (C) of this section, within ten days after	3001
the expiration of the maximum time for continuing evaluation and	3002
treatment as specified in division (B)(1)(a) of this section,	3003
within thirty days after a defendant's request for a hearing that	3004
is made after six months of treatment, or within thirty days after	3005
being advised by the treating physician or examiner that the	3006
defendant is competent to stand trial, whichever is the earliest,	3007
the court shall conduct another hearing to determine if the	3008
defendant is competent to stand trial and shall do whichever of	3009
the following is applicable:	3010

(1) If the court finds that the defendant is competent to	3011
stand trial, the defendant shall be proceeded against as provided	3012
by law.	3013

(2) If the court finds that the defendant is incompetent to	3014
stand trial, but that there is a substantial probability that the	3015
defendant will become competent to stand trial if the defendant is	3016
provided with a course of treatment, and the maximum time for	3017
treatment as specified in division (C) of this section has not	3018
expired, the court, after consideration of the examiner's	3019
recommendation, shall order that treatment be continued, may	3020
change the facility or program at which the treatment is to be	3021
continued, and shall specify whether the treatment is to be	3022
continued at the same or a different facility or program.	3023

(3) If the court finds that the defendant is incompetent to	3024
stand trial, if the defendant is charged with an offense listed in	3025
division (C)(1) of this section, and if the court finds that there	3026
is not a substantial probability that the defendant will become	3027
competent to stand trial even if the defendant is provided with a	3028
course of treatment, or if the maximum time for treatment relative	3029
to that offense as specified in division (C) of this section has	3030
expired, further proceedings shall be as provided in sections	3031
2945.39, 2945.401, and 2945.402 of the Revised Code.	3032

(4) If the court finds that the defendant is incompetent to	3033
stand trial, if the most serious offense with which the defendant	3034
is charged is a misdemeanor or a felony other than a felony listed	3035
in division (C)(1) of this section, and if the court finds that	3036
there is not a substantial probability that the defendant will	3037
become competent to stand trial even if the defendant is provided	3038
with a course of treatment, or if the maximum time for treatment	3039
relative to that offense as specified in division (C) of this	3040
section has expired, the court shall dismiss the indictment,	3041
information, or complaint against the defendant. A dismissal under	3042
this division is not a bar to further prosecution based on the	3043
same conduct. The court shall discharge the defendant unless the	3044
court or prosecutor files an affidavit in probate court for civil	3045
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	3046
If an affidavit for civil commitment is filed, the court may	3047
detain the defendant for ten days pending civil commitment. All of	3048
the following provisions apply to persons charged with a	3049
misdemeanor or a felony other than a felony listed in division	3050
(C)(1) of this section who are committed by the probate court	3051
subsequent to the court's or prosecutor's filing of an affidavit	3052
for civil commitment under authority of this division:	3053

(a) The chief clinical officer of the hospital or facility,	3054
the managing officer of the institution, the director of the	3055
program, or the person to which the defendant is committed or	3056
admitted shall do all of the following:	3057

(i) Notify the prosecutor, in writing, of the discharge of	3058
the defendant, send the notice at least ten days prior to the	3059
discharge unless the discharge is by the probate court, and state	3060
in the notice the date on which the defendant will be discharged;	3061

(ii) Notify the prosecutor, in writing, when the defendant is	3062
absent without leave or is granted unsupervised, off-grounds	3063
movement, and send this notice promptly after the discovery of the	3064
absence without leave or prior to the granting of the	3065
unsupervised, off-grounds movement, whichever is applicable;	3066

(iii) Notify the prosecutor, in writing, of the change of the	3067
defendant's commitment or admission to voluntary status, send the	3068
notice promptly upon learning of the change to voluntary status,	3069
and state in the notice the date on which the defendant was	3070
committed or admitted on a voluntary status.	3071

(b) Upon receiving notice that the defendant will be granted	3072
unsupervised, off-grounds movement, the prosecutor either shall	3073
re-indict the defendant or promptly notify the court that the	3074
prosecutor does not intend to prosecute the charges against the	3075
defendant.	3076

(I) If a defendant is convicted of a crime and sentenced to a	3077
jail or workhouse, the defendant's sentence shall be reduced by	3078
the total number of days the defendant is confined for evaluation	3079
to determine the defendant's competence to stand trial or	3080
treatment under this section and sections 2945.37 and 2945.371 of	3081
the Revised Code or by the total number of days the defendant is	3082
confined for evaluation to determine the defendant's mental	3083
condition at the time of the offense charged.	3084

Sec. 2949.02.  (A) If a person is convicted of any bailable	3085
offense, including, but not limited to, a violation of an	3086
ordinance of a municipal corporation, in a municipal or county	3087
court or in a court of common pleas and if the person gives to the	3088
trial judge or magistrate a written notice of the person's	3089
intention to file or apply for leave to file an appeal to the	3090
court of appeals, the trial judge or magistrate may suspend,	3091
subject to division (A)(2)(b) of section 2953.09 of the Revised	3092
Code, execution of the sentence or judgment imposed for any fixed	3093
time that will give the person time either to prepare and file, or	3094
to apply for leave to file, the appeal. In all bailable cases,	3095
except as provided in division (B) of this section, the trial	3096
judge or magistrate may release the person on bail in accordance	3097
with Criminal Rule 46, and the bail shall at least be conditioned	3098
that the person will appeal without delay and abide by the	3099
judgment and sentence of the court.	3100

(B) Notwithstanding any provision of Criminal Rule 46 to the	3101
contrary, a trial judge of a court of common pleas shall not	3102
release on bail pursuant to division (A) of this section a person	3103
who is convicted of a bailable offense if the person is sentenced	3104
to imprisonment for life or if that offense is a violation of	3105
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,	3106
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11	3107
of the Revised Code or is felonious sexual penetration in	3108
violation of former section 2907.12 of the Revised Code.	3109

(C) If a trial judge of a court of common pleas is prohibited	3110
by division (B) of this section from releasing on bail pursuant to	3111
division (A) of this section a person who is convicted of a	3112
bailable offense and not sentenced to imprisonment for life, the	3113
appropriate court of appeals or two judges of it, upon motion of	3114
such a person and for good cause shown, may release the person on	3115
bail in accordance with Appellate Rule 8 and Criminal Rule 46, and	3116
the bail shall at least be conditioned as described in division	3117
(A) of this section.	3118

Sec. 2949.03.  If a judgment of conviction by a court of	3119
common pleas, municipal court, or county court is affirmed by a	3120
court of appeals and remanded to the trial court for execution of	3121
the sentence or judgment imposed, and the person so convicted	3122
gives notice of histhe person's intention to file a notice of	3123
appeal to the supreme court, the trial court, on the filing of a	3124
motion by such person within three days after the rendition by the	3125
court of appeals of the judgment of affirmation, may further	3126
suspend, subject to division (A)(2)(b) of section 2953.09 of the	3127
Revised Code, the execution of the sentence or judgment imposed	3128
for a time sufficient to give such person an opportunity to file a	3129
notice of appeal to the supreme court, but the sentence or	3130
judgment imposed shall not be suspended more than thirty days for	3131
that purpose.	3132

Sec. 2953.02.  In a capital case in which a sentence of death	3133
is imposed for an offense committed before January 1, 1995, and in	3134
any other criminal case, including a conviction for the violation	3135
of an ordinance of a municipal corporation, the judgment or final	3136
order of a court of record inferior to the court of appeals may be	3137
reviewed in the court of appeals. A final order of an	3138
administrative officer or agency may be reviewed in the court of	3139
common pleas. A judgment or final order of the court of appeals	3140
involving a question arising under the Constitution of the United	3141
States or of this state may be appealed to the supreme court as a	3142
matter of right. This right of appeal from judgments and final	3143
orders of the court of appeals shall extend to cases in which a	3144
sentence of death is imposed for an offense committed before	3145
January 1, 1995, and in which the death penalty has been affirmed,	3146
felony cases in which the supreme court has directed the court of	3147
appeals to certify its record, and in all other criminal cases of	3148
public or general interest wherein the supreme court has granted a	3149
motion to certify the record of the court of appeals. In a capital	3150
case in which a sentence of death is imposed for an offense	3151
committed on or after January 1, 1995, the judgment or final order	3152
may be appealed from the trial court directly to the supreme court	3153
as a matter of right. The supreme court in criminal cases shall	3154
not be required to determine as to the weight of the evidence,	3155
except that, in cases in which a sentence of death is imposed for	3156
an offense committed on or after January 1, 1995, and in which the	3157
question of the weight of the evidence to support the judgment has	3158
been raised on appeal, the supreme court shall determine as to the	3159
weight of the evidence to support the judgment and shall determine	3160
as to the weight of the evidence to support the sentence of death	3161
as provided in section 2929.05 of the Revised Code.	3162

Sec. 2953.07. (A) Upon the hearing of an appeal other than	3163
an appeal from a mayor's court, the appellate court may affirm the	3164
judgment or reverse it, in whole or in part, or modify it, and	3165
order the accused to be discharged or grant a new trial. The	3166
appellate court may remand the accused for the sole purpose of	3167
correcting a sentence imposed contrary to law, provided that, on	3168
an appeal of a sentence imposed upon a person who is convicted of	3169
or pleads guilty to a felony that is brought under section 2953.08	3170
of the Revised Code, division (G) of that section applies to the	3171
court. If the judgment is reversed, the appellant shall recover	3172
from the appellee all court costs incurred to secure the reversal,	3173
including the cost of transcripts. In capital cases, when the	3174
judgment is affirmed and the day fixed for the execution is	3175
passed, the appellate court shall appoint a day for it, and the	3176
clerk of the appellate court shall issue a warrant under the seal	3177
of the appellate court, to the sheriff of the proper county, or	3178
the warden of the appropriate state correctional institution,	3179
commanding the sheriff or warden to carry the sentence into	3180
execution on the day so appointed. The sheriff or warden shall	3181
execute and return the warrant as in other cases, and the clerk	3182
shall record the warrant and return.	3183

(B) As used in this section, "appellate court" means, for a	3184
case in which a sentence of death is imposed for an offense	3185
committed before January 1, 1995, both the court of appeals and	3186
the supreme court, and for a case in which a sentence of death is	3187
imposed for an offense committed on or after January 1, 1995, the	3188
supreme court.	3189

Sec. 2953.08.  (A) In addition to any other right to appeal	3190
and except as provided in division (D) of this section, a	3191
defendant who is convicted of or pleads guilty to a felony may	3192
appeal as a matter of right the sentence imposed upon the	3193
defendant on one of the following grounds:	3194

(1) The sentence consisted of or included the maximum prison	3195
term allowed for the offense by division (A) of section 2929.14 or	3196
section 2929.142 of the Revised Code, the sentence was not imposed	3197
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	3198
Code, the maximum prison term was not required for the offense	3199
pursuant to Chapter 2925. or any other provision of the Revised	3200
Code, and the court imposed the sentence under one of the	3201
following circumstances:	3202

(a) The sentence was imposed for only one offense.

3203

(b) The sentence was imposed for two or more offenses arising	3204
out of a single incident, and the court imposed the maximum prison	3205
term for the offense of the highest degree.	3206

(2) The sentence consisted of or included a prison term, the	3207
offense for which it was imposed is a felony of the fourth or	3208
fifth degree or is a felony drug offense that is a violation of a	3209
provision of Chapter 2925. of the Revised Code and that is	3210
specified as being subject to division (B) of section 2929.13 of	3211
the Revised Code for purposes of sentencing, and the court did not	3212
specify at sentencing that it found one or more factors specified	3213
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	3214
Code to apply relative to the defendant. If the court specifies	3215
that it found one or more of those factors to apply relative to	3216
the defendant, the defendant is not entitled under this division	3217
to appeal as a matter of right the sentence imposed upon the	3218
offender.	3219

(3) The person was convicted of or pleaded guilty to a	3220
violent sex offense or a designated homicide, assault, or	3221
kidnapping offense, was adjudicated a sexually violent predator in	3222
relation to that offense, and was sentenced pursuant to division	3223
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3224
of the indefinite term imposed pursuant to division (A)(3) of	3225
section 2971.03 of the Revised Code is the longest term available	3226
for the offense from among the range of terms listed in section	3227
2929.14 of the Revised Code. As used in this division, "designated	3228
homicide, assault, or kidnapping offense" and "violent sex	3229
offense" have the same meanings as in section 2971.01 of the	3230
Revised Code. As used in this division, "adjudicated a sexually	3231
violent predator" has the same meaning as in section 2929.01 of	3232
the Revised Code, and a person is "adjudicated a sexually violent	3233
predator" in the same manner and the same circumstances as are	3234
described in that section.	3235

(4) The sentence is contrary to law.

3236

(5) The sentence consisted of an additional prison term of	3237
ten years imposed pursuant to division (D)(2)(a) of section	3238
2929.14 of the Revised Code.	3239

(6) The sentence consisted of an additional prison term of	3240
ten years imposed pursuant to division (D)(3)(b) of section	3241
2929.14 of the Revised Code.	3242

(B) In addition to any other right to appeal and except as	3243
provided in division (D) of this section, a prosecuting attorney,	3244
a city director of law, village solicitor, or similar chief legal	3245
officer of a municipal corporation, or the attorney general, if	3246
one of those persons prosecuted the case, may appeal as a matter	3247
of right a sentence imposed upon a defendant who is convicted of	3248
or pleads guilty to a felony or, in the circumstances described in	3249
division (B)(3) of this section the modification of a sentence	3250
imposed upon such a defendant, on any of the following grounds:	3251

(1) The sentence did not include a prison term despite a	3252
presumption favoring a prison term for the offense for which it	3253
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3254
the Revised Code.	3255

(2) The sentence is contrary to law.

3256

(3) The sentence is a modification under section 2929.20 of	3257
the Revised Code of a sentence that was imposed for a felony of	3258
the first or second degree.	3259

(C)(1) In addition to the right to appeal a sentence granted	3260
under division (A) or (B) of this section, a defendant who is	3261
convicted of or pleads guilty to a felony may seek leave to appeal	3262
a sentence imposed upon the defendant on the basis that the	3263
sentencing judge has imposed consecutive sentences under division	3264
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	3265
consecutive sentences exceed the maximum prison term allowed by	3266
division (A) of that section for the most serious offense of which	3267
the defendant was convicted. Upon the filing of a motion under	3268
this division, the court of appeals may grant leave to appeal the	3269
sentence if the court determines that the allegation included as	3270
the basis of the motion is true.	3271

(2) A defendant may seek leave to appeal an additional	3272
sentence imposed upon the defendant pursuant to division (D)(2)(a)	3273
or (b) of section 2929.14 of the Revised Code if the additional	3274
sentence is for a definite prison term that is longer than five	3275
years.	3276

(D)(1) A sentence imposed upon a defendant is not subject to	3277
review under this section if the sentence is authorized by law,	3278
has been recommended jointly by the defendant and the prosecution	3279
in the case, and is imposed by a sentencing judge.	3280

(2) Except as provided in division (C)(2) of this section, a	3281
sentence imposed upon a defendant is not subject to review under	3282
this section if the sentence is imposed pursuant to division	3283
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	3284
otherwise provided in this division, a defendant retains all	3285
rights to appeal as provided under this chapter or any other	3286
provision of the Revised Code. A defendant has the right to appeal	3287
under this chapter or any other provision of the Revised Code the	3288
court's application of division (D)(2)(c) of section 2929.14 of	3289
the Revised Code.	3290

(3) A sentence imposed for aggravated murder or murder	3291
pursuant to sectionssection 2929.02 to 2929.06 of the Revised	3292
Code is not subject to review under this section.	3293

(E) A defendant, prosecuting attorney, city director of law,	3294
village solicitor, or chief municipal legal officer shall file an	3295
appeal of a sentence under this section to a court of appeals	3296
within the time limits specified in Rule 4(B) of the Rules of	3297
Appellate Procedure, provided that if the appeal is pursuant to	3298
division (B)(3) of this section, the time limits specified in that	3299
rule shall not commence running until the court grants the motion	3300
that makes the sentence modification in question. A sentence	3301
appeal under this section shall be consolidated with any other	3302
appeal in the case. If no other appeal is filed, the court of	3303
appeals may review only the portions of the trial record that	3304
pertain to sentencing.	3305

(F) On the appeal of a sentence under this section, the	3306
record to be reviewed shall include all of the following, as	3307
applicable:	3308

(1) Any presentence, psychiatric, or other investigative	3309
report that was submitted to the court in writing before the	3310
sentence was imposed. An appellate court that reviews a	3311
presentence investigation report prepared pursuant to section	3312
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3313
connection with the appeal of a sentence under this section shall	3314
comply with division (D)(3) of section 2951.03 of the Revised Code	3315
when the appellate court is not using the presentence	3316
investigation report, and the appellate court's use of a	3317
presentence investigation report of that nature in connection with	3318
the appeal of a sentence under this section does not affect the	3319
otherwise confidential character of the contents of that report as	3320
described in division (D)(1) of section 2951.03 of the Revised	3321
Code and does not cause that report to become a public record, as	3322
defined in section 149.43 of the Revised Code, following the	3323
appellate court's use of the report.	3324

(2) The trial record in the case in which the sentence was	3325
imposed;	3326

(3) Any oral or written statements made to or by the court at	3327
the sentencing hearing at which the sentence was imposed;	3328

(4) Any written findings that the court was required to make	3329
in connection with the modification of the sentence pursuant to a	3330
judicial release under division (I) of section 2929.20 of the	3331
Revised Code.	3332

(G)(1) If the sentencing court was required to make the	3333
findings required by division (B) or (D) of section 2929.13,	3334
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I)	3335
of section 2929.20 of the Revised Code relative to the imposition	3336
or modification of the sentence, and if the sentencing court	3337
failed to state the required findings on the record, the court	3338
hearing an appeal under division (A), (B), or (C) of this section	3339
shall remand the case to the sentencing court and instruct the	3340
sentencing court to state, on the record, the required findings.	3341

(2) The court hearing an appeal under division (A), (B), or	3342
(C) of this section shall review the record, including the	3343
findings underlying the sentence or modification given by the	3344
sentencing court.	3345

The appellate court may increase, reduce, or otherwise modify	3346
a sentence that is appealed under this section or may vacate the	3347
sentence and remand the matter to the sentencing court for	3348
resentencing. The appellate court's standard for review is not	3349
whether the sentencing court abused its discretion. The appellate	3350
court may take any action authorized by this division if it	3351
clearly and convincingly finds either of the following:	3352

(a) That the record does not support the sentencing court's	3353
findings under division (B) or (D) of section 2929.13, division	3354
(D)(2)(e) or (E)(4) of section 2929.14, or division (I) of section	3355
2929.20 of the Revised Code, whichever, if any, is relevant;	3356

(b) That the sentence is otherwise contrary to law.

3357

(H) A judgment or final order of a court of appeals under	3358
this section may be appealed, by leave of court, to the supreme	3359
court.	3360

(I)(1) There is hereby established the felony sentence appeal	3361
cost oversight committee, consisting of eight members. One member	3362
shall be the chief justice of the supreme court or a	3363
representative of the court designated by the chief justice, one	3364
member shall be a member of the senate appointed by the president	3365
of the senate, one member shall be a member of the house of	3366
representatives appointed by the speaker of the house of	3367
representatives, one member shall be the director of budget and	3368
management or a representative of the office of budget and	3369
management designated by the director, one member shall be a judge	3370
of a court of appeals, court of common pleas, municipal court, or	3371
county court appointed by the chief justice of the supreme court,	3372
one member shall be the state public defender or a representative	3373
of the office of the state public defender designated by the state	3374
public defender, one member shall be a prosecuting attorney	3375
appointed by the Ohio prosecuting attorneys association, and one	3376
member shall be a county commissioner appointed by the county	3377
commissioners association of Ohio. No more than three of the	3378
appointed members of the committee may be members of the same	3379
political party.	3380

The president of the senate, the speaker of the house of	3381
representatives, the chief justice of the supreme court, the Ohio	3382
prosecuting attorneys association, and the county commissioners	3383
association of Ohio shall make the initial appointments to the	3384
committee of the appointed members no later than ninety days after	3385
July 1, 1996. Of those initial appointments to the committee, the	3386
members appointed by the speaker of the house of representatives	3387
and the Ohio prosecuting attorneys association shall serve a term	3388
ending two years after July 1, 1996, the member appointed by the	3389
chief justice of the supreme court shall serve a term ending three	3390
years after July 1, 1996, and the members appointed by the	3391
president of the senate and the county commissioners association	3392
of Ohio shall serve terms ending four years after July 1, 1996.	3393
Thereafter, terms of office of the appointed members shall be for	3394
four years, with each term ending on the same day of the same	3395
month as did the term that it succeeds. Members may be	3396
reappointed. Vacancies shall be filled in the same manner provided	3397
for original appointments. A member appointed to fill a vacancy	3398
occurring prior to the expiration of the term for which that	3399
member's predecessor was appointed shall hold office as a member	3400
for the remainder of the predecessor's term. An appointed member	3401
shall continue in office subsequent to the expiration date of that	3402
member's term until that member's successor takes office or until	3403
a period of sixty days has elapsed, whichever occurs first.	3404

If the chief justice of the supreme court, the director of	3405
the office of budget and management, or the state public defender	3406
serves as a member of the committee, that person's term of office	3407
as a member shall continue for as long as that person holds office	3408
as chief justice, director of the office of budget and management,	3409
or state public defender. If the chief justice of the supreme	3410
court designates a representative of the court to serve as a	3411
member, the director of budget and management designates a	3412
representative of the office of budget and management to serve as	3413
a member, or the state public defender designates a representative	3414
of the office of the state public defender to serve as a member,	3415
the person so designated shall serve as a member of the commission	3416
for as long as the official who made the designation holds office	3417
as chief justice, director of the office of budget and management,	3418
or state public defender or until that official revokes the	3419
designation.	3420

The chief justice of the supreme court or the representative	3421
of the supreme court appointed by the chief justice shall serve as	3422
chairperson of the committee. The committee shall meet within two	3423
weeks after all appointed members have been appointed and shall	3424
organize as necessary. Thereafter, the committee shall meet at	3425
least once every six months or more often upon the call of the	3426
chairperson or the written request of three or more members,	3427
provided that the committee shall not meet unless moneys have been	3428
appropriated to the judiciary budget administered by the supreme	3429
court specifically for the purpose of providing financial	3430
assistance to counties under division (I)(2) of this section and	3431
the moneys so appropriated then are available for that purpose.	3432

The members of the committee shall serve without	3433
compensation, but, if moneys have been appropriated to the	3434
judiciary budget administered by the supreme court specifically	3435
for the purpose of providing financial assistance to counties	3436
under division (I)(2) of this section, each member shall be	3437
reimbursed out of the moneys so appropriated that then are	3438
available for actual and necessary expenses incurred in the	3439
performance of official duties as a committee member.	3440

(2) The state criminal sentencing commission periodically	3441
shall provide to the felony sentence appeal cost oversight	3442
committee all data the commission collects pursuant to division	3443
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	3444
data from the state criminal sentencing commission, the felony	3445
sentence appeal cost oversight committee periodically shall review	3446
the data; determine whether any money has been appropriated to the	3447
judiciary budget administered by the supreme court specifically	3448
for the purpose of providing state financial assistance to	3449
counties in accordance with this division for the increase in	3450
expenses the counties experience as a result of the felony	3451
sentence appeal provisions set forth in this section or as a	3452
result of a postconviction relief proceeding brought under	3453
division (A)(2) of section 2953.21 of the Revised Code or an	3454
appeal of a judgment in that proceeding; if it determines that any	3455
money has been so appropriated, determine the total amount of	3456
moneys that have been so appropriated specifically for that	3457
purpose and that then are available for that purpose; and develop	3458
a recommended method of distributing those moneys to the counties.	3459
The committee shall send a copy of its recommendation to the	3460
supreme court. Upon receipt of the committee's recommendation, the	3461
supreme court shall distribute to the counties, based upon that	3462
recommendation, the moneys that have been so appropriated	3463
specifically for the purpose of providing state financial	3464
assistance to counties under this division and that then are	3465
available for that purpose.	3466

Sec. 2953.09.  (A)(1) Upon filing an appeal in the supreme	3467
court, the execution of the sentence or judgment imposed in cases	3468
of felony is suspended.	3469

(2)(a) If a notice of appeal is filed pursuant to the Rules	3470
of Appellate Procedure by a defendant who is convicted in a	3471
municipal or county court or a court of common pleas of a felony	3472
or misdemeanor under the Revised Code or an ordinance of a	3473
municipal corporation, the filing of the notice of appeal does not	3474
suspend execution of the sentence or judgment imposed. However,	3475
consistent with divisions (A)(2)(b), (B), and (C) of this section,	3476
Appellate Rule 8, and Criminal Rule 46, the municipal or county	3477
court, court of common pleas, or court of appeals may suspend	3478
execution of the sentence or judgment imposed during the pendency	3479
of the appeal and shall determine whether that defendant is	3480
entitled to bail and the amount and nature of any bail that is	3481
required. The bail shall at least be conditioned that the	3482
defendant will prosecute the appeal without delay and abide by the	3483
judgment and sentence of the court.	3484

(b)(i) A court of common pleas or court of appeals may	3485
suspend the execution of a sentence of death imposed for an	3486
offense committed before January 1, 1995, only if no date for	3487
execution has been set by the supreme court, good cause is shown	3488
for the suspension, the defendant files a motion requesting the	3489
suspension, and notice has been given to the prosecuting attorney	3490
of the appropriate county.	3491

(ii) A court of common pleas may suspend the execution of a	3492
sentence of death imposed for an offense committed on or after	3493
January 1, 1995, only if no date for execution has been set by the	3494
supreme court, good cause is shown, the defendant files a motion	3495
requesting the suspension, and notice has been given to the	3496
prosecuting attorney of the appropriate county.	3497

(iii) A court of common pleas or court of appeals may suspend	3498
the execution of the sentence or judgment imposed for a felony in	3499
a capital case in which a sentence of death is not imposed only if	3500
no date for execution of the sentence has been set by the supreme	3501
court, good cause is shown for the suspension, the defendant files	3502
a motion requesting the suspension, and only after notice has been	3503
given to the prosecuting attorney of the appropriate county.	3504

(B) Notwithstanding any provision of Criminal Rule 46 to the	3505
contrary, a trial judge of a court of common pleas shall not	3506
release on bail pursuant to division (A)(2)(a) of this section a	3507
defendant who is convicted of a bailable offense if the defendant	3508
is sentenced to imprisonment for life or if that offense is a	3509
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,	3510
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or	3511
2911.11 of the Revised Code or is felonious sexual penetration in	3512
violation of former section 2907.12 of the Revised Code.	3513

(C) If a trial judge of a court of common pleas is prohibited	3514
by division (B) of this section from releasing on bail pursuant to	3515
division (A)(2)(a) of this section a defendant who is convicted of	3516
a bailable offense and not sentenced to imprisonment for life, the	3517
appropriate court of appeals or two judges of it, upon motion of	3518
the defendant and for good cause shown, may release the defendant	3519
on bail in accordance with division (A)(2) of this section.	3520

Sec. 2953.10.  When an appeal is taken from a court of	3521
appeals to the supreme court, the supreme court has the same power	3522
and authority to suspend the execution of sentence during the	3523
pendency of the appeal and admit the defendant to bail as does the	3524
court of appeals unless another section of the Revised Code or the	3525
Rules of Practice of the Supreme Court specify a distinct bail or	3526
suspension of sentence authority.	3527

When an appeal in a case in which a sentence of death is	3528
imposed for an offense committed on or after January 1, 1995, is	3529
taken directly from the trial court to the supreme court, the	3530
supreme court has the same power and authority to suspend the	3531
execution of the sentence during the pendency of the appeal and	3532
admit the defendant to bail as does the court of appeals for cases	3533
in which a sentence of death is imposed for an offense committed	3534
before January 1, 1995, unless another section of the Revised Code	3535
or the Rules of Practice of the Supreme Court specify a distinct	3536
bail or suspension of sentence authority.	3537

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	3538
a criminal offense or adjudicated a delinquent child and who	3539
claims that there was such a denial or infringement of the	3540
person's rights as to render the judgment void or voidable under	3541
the Ohio Constitution or the Constitution of the United States,	3542
and any person who has been convicted of a criminal offense that	3543
is a felony and who is an offender for whom DNA testing that was	3544
performed under sections 2953.71 to 2953.81 of the Revised Code or	3545
under former section 2953.82 of the Revised Code and analyzed in	3546
the context of and upon consideration of all available admissible	3547
evidence related to the person's case as described in division (D)	3548
of section 2953.74 of the Revised Code provided results that	3549
establish, by clear and convincing evidence, actual innocence of	3550
that felony offense or, if the person was sentenced to death,	3551
establish, by clear and convincing evidence, actual innocence of	3552
the aggravating circumstance or circumstances the person was found	3553
guilty of committing and that is or are the basis of that sentence	3554
of death, may file a petition in the court that imposed sentence,	3555
stating the grounds for relief relied upon, and asking the court	3556
to vacate or set aside the judgment or sentence or to grant other	3557
appropriate relief. The petitioner may file a supporting affidavit	3558
and other documentary evidence in support of the claim for relief.	3559

(b) As used in division (A)(1)(a) of this section, "actual	3560
innocence" means that, had the results of the DNA testing	3561
conducted under sections 2953.71 to 2953.81 of the Revised Code or	3562
under former section 2953.82 of the Revised Code been presented at	3563
trial, and had those results been analyzed in the context of and	3564
upon consideration of all available admissible evidence related to	3565
the person's case as described in division (D) of section 2953.74	3566
of the Revised Code, no reasonable factfinder would have found the	3567
petitioner guilty of the offense of which the petitioner was	3568
convicted, or, if the person was sentenced to death, no reasonable	3569
factfinder would have found the petitioner guilty of the	3570
aggravating circumstance or circumstances the petitioner was found	3571
guilty of committing and that is or are the basis of that sentence	3572
of death.	3573

(c) As used in divisions (A)(1)(a) and (b) of this section,	3574
"former section 2953.82 of the Revised Code" means section 2953.82	3575
of the Revised Code as it existed prior to the effective date of	3576
this amendmentJuly 6, 2010.	3577

(2) Except as otherwise provided in section 2953.23 of the	3578
Revised Code, a petition under division (A)(1) of this section	3579
shall be filed no later than one hundred eighty days after the	3580
date on which the trial transcript is filed in the court of	3581
appeals in the direct appeal of the judgment of conviction or	3582
adjudication or, if the direct appeal involves a sentence of	3583
death, the date on which the trial transcript is filed in the	3584
supreme court. If no appeal is taken, except as otherwise provided	3585
in section 2953.23 of the Revised Code, the petition shall be	3586
filed no later than one hundred eighty days after the expiration	3587
of the time for filing the appeal.	3588

(3) In a petition filed under division (A) of this section, a	3589
person who has been sentenced to death may ask the court to render	3590
void or voidable the judgment with respect to the conviction of	3591
aggravated murder or the specification of an aggravating	3592
circumstance or the sentence of death.	3593

(4) A petitioner shall state in the original or amended	3594
petition filed under division (A) of this section all grounds for	3595
relief claimed by the petitioner. Except as provided in section	3596
2953.23 of the Revised Code, any ground for relief that is not so	3597
stated in the petition is waived.	3598

(5)(4) If the petitioner in a petition filed under division	3599
(A) of this section was convicted of or pleaded guilty to a	3600
felony, the petition may include a claim that the petitioner was	3601
denied the equal protection of the laws in violation of the Ohio	3602
Constitution or the United States Constitution because the	3603
sentence imposed upon the petitioner for the felony was part of a	3604
consistent pattern of disparity in sentencing by the judge who	3605
imposed the sentence, with regard to the petitioner's race,	3606
gender, ethnic background, or religion. If the supreme court	3607
adopts a rule requiring a court of common pleas to maintain	3608
information with regard to an offender's race, gender, ethnic	3609
background, or religion, the supporting evidence for the petition	3610
shall include, but shall not be limited to, a copy of that type of	3611
information relative to the petitioner's sentence and copies of	3612
that type of information relative to sentences that the same judge	3613
imposed upon other persons.	3614

(B) The clerk of the court in which the petition is filed	3615
shall docket the petition and bring it promptly to the attention	3616
of the court. The clerk of the court in which the petition is	3617
filed immediately shall forward a copy of the petition to the	3618
prosecuting attorney of that county.	3619

(C) The court shall consider a petition that is timely filed	3620
under division (A)(2) of this section even if a direct appeal of	3621
the judgment is pending. Before granting a hearing on a petition	3622
filed under division (A) of this section, the court shall	3623
determine whether there are substantive grounds for relief. In	3624
making such a determination, the court shall consider, in addition	3625
to the petition, the supporting affidavits, and the documentary	3626
evidence, all the files and records pertaining to the proceedings	3627
against the petitioner, including, but not limited to, the	3628
indictment, the court's journal entries, the journalized records	3629
of the clerk of the court, and the court reporter's transcript.	3630
The court reporter's transcript, if ordered and certified by the	3631
court, shall be taxed as court costs. If the court dismisses the	3632
petition, it shall make and file findings of fact and conclusions	3633
of law with respect to such dismissal.	3634

(D) Within ten days after the docketing of the petition, or	3635
within any further time that the court may fix for good cause	3636
shown, the prosecuting attorney shall respond by answer or motion.	3637
Within twenty days from the date the issues are raised, either	3638
party may move for summary judgment. The right to summary judgment	3639
shall appear on the face of the record.	3640

(E) Unless the petition and the files and records of the case	3641
show the petitioner is not entitled to relief, the court shall	3642
proceed to a prompt hearing on the issues even if a direct appeal	3643
of the case is pending. If the court notifies the parties that it	3644
has found grounds for granting relief, either party may request an	3645
appellate court in which a direct appeal of the judgment is	3646
pending to remand the pending case to the court.	3647

(F) At any time before the answer or motion is filed, the	3648
petitioner may amend the petition with or without leave or	3649
prejudice to the proceedings. The petitioner may amend the	3650
petition with leave of court at any time thereafter.	3651

(G) If the court does not find grounds for granting relief,	3652
it shall make and file findings of fact and conclusions of law and	3653
shall enter judgment denying relief on the petition. If no direct	3654
appeal of the case is pending and the court finds grounds for	3655
relief or if a pending direct appeal of the case has been remanded	3656
to the court pursuant to a request made pursuant to division (E)	3657
of this section and the court finds grounds for granting relief,	3658
it shall make and file findings of fact and conclusions of law and	3659
shall enter a judgment that vacates and sets aside the judgment in	3660
question, and, in the case of a petitioner who is a prisoner in	3661
custody, shall discharge or resentence the petitioner or grant a	3662
new trial as the court determines appropriate. The court also may	3663
make supplementary orders to the relief granted, concerning such	3664
matters as rearraignment, retrial, custody, and bail. If the trial	3665
court's order granting the petition is reversed on appeal and if	3666
the direct appeal of the case has been remanded from an appellate	3667
court pursuant to a request under division (E) of this section,	3668
the appellate court reversing the order granting the petition	3669
shall notify the appellate court in which the direct appeal of the	3670
case was pending at the time of the remand of the reversal and	3671
remand of the trial court's order. Upon the reversal and remand of	3672
the trial court's order granting the petition, regardless of	3673
whether notice is sent or received, the direct appeal of the case	3674
that was remanded is reinstated.	3675

(H) Upon the filing of a petition pursuant to division (A) of	3676
this section by a person sentenced to death, only the supreme	3677
court may stay execution of the sentence of death.	3678

(I)(1) If a person sentenced to death intends to file a	3679
petition under this section, the court shall appoint counsel to	3680
represent the person upon a finding that the person is indigent	3681
and that the person either accepts the appointment of counsel or	3682
is unable to make a competent decision whether to accept or reject	3683
the appointment of counsel. The court may decline to appoint	3684
counsel for the person only upon a finding, after a hearing if	3685
necessary, that the person rejects the appointment of counsel and	3686
understands the legal consequences of that decision or upon a	3687
finding that the person is not indigent.	3688

(2) The court shall not appoint as counsel under division	3689
(I)(1) of this section an attorney who represented the petitioner	3690
at trial in the case to which the petition relates unless the	3691
person and the attorney expressly request the appointment. The	3692
court shall appoint as counsel under division (I)(1) of this	3693
section only an attorney who is certified under Rule 20 of the	3694
Rules of Superintendence for the Courts of Ohio to represent	3695
indigent defendants charged with or convicted of an offense for	3696
which the death penalty can be or has been imposed. The	3697
ineffectiveness or incompetence of counsel during proceedings	3698
under this section does not constitute grounds for relief in a	3699
proceeding under this section, in an appeal of any action under	3700
this section, or in an application to reopen a direct appeal.	3701

(3) Division (I) of this section does not preclude attorneys	3702
who represent the state of Ohio from invoking the provisions of 28	3703
U.S.C. 154 with respect to capital cases that were pending in	3704
federal habeas corpus proceedings prior to July 1, 1996, insofar	3705
as the petitioners in those cases were represented in proceedings	3706
under this section by one or more counsel appointed by the court	3707
under this section or section 120.06, 120.16, 120.26, or 120.33 of	3708
the Revised Code and those appointed counsel meet the requirements	3709
of division (I)(2) of this section.	3710

(J) Subject to the appeal of a sentence for a felony that is	3711
authorized by section 2953.08 of the Revised Code, the remedy set	3712
forth in this section is the exclusive remedy by which a person	3713
may bring a collateral challenge to the validity of a conviction	3714
or sentence in a criminal case or to the validity of an	3715
adjudication of a child as a delinquent child for the commission	3716
of an act that would be a criminal offense if committed by an	3717
adult or the validity of a related order of disposition.	3718

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	3719
petition filed pursuant to section 2953.21 of the Revised Code, a	3720
court may not entertain a petition filed after the expiration of	3721
the period prescribed in division (A) of that section or a second	3722
petition or successive petitions for similar relief on behalf of a	3723
petitioner unless division (A)(1) or (2) of this section applies:	3724

(1) Both of the following apply:

3725

(a) Either the petitioner shows that the petitioner was	3726
unavoidably prevented from discovery of the facts upon which the	3727
petitioner must rely to present the claim for relief, or,	3728
subsequent to the period prescribed in division (A)(2) of section	3729
2953.21 of the Revised Code or to the filing of an earlier	3730
petition, the United States Supreme Court recognized a new federal	3731
or state right that applies retroactively to persons in the	3732
petitioner's situation, and the petition asserts a claim based on	3733
that right.	3734

(b) The petitioner shows by clear and convincing evidence	3735
that, but for constitutional error at trial, no reasonable	3736
factfinder would have found the petitioner guilty of the offense	3737
of which the petitioner was convicted or, if the claim challenges	3738
a sentence of death that, but for constitutional error at the	3739
sentencing hearing, no reasonable factfinder would have found the	3740
petitioner eligible for the death sentence.	3741

(2) The petitioner was convicted of a felony, the petitioner	3742
is an offender for whom DNA testing was performed under sections	3743
2953.71 to 2953.81 of the Revised Code or under former section	3744
2953.82 of the Revised Code and analyzed in the context of and	3745
upon consideration of all available admissible evidence related to	3746
the inmate's case as described in division (D) of section 2953.74	3747
of the Revised Code, and the results of the DNA testing establish,	3748
by clear and convincing evidence, actual innocence of that felony	3749
offense or, if the person was sentenced to death, establish, by	3750
clear and convincing evidence, actual innocence of the aggravating	3751
circumstance or circumstances the person was found guilty of	3752
committing and that is or are the basis of that sentence of death.	3753

As used in this division, "actual innocence" has the same	3754
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	3755
Code, and "former section 2953.82 of the Revised Code" has the	3756
same meaning as in division (A)(1)(c) of section 2953.21 of the	3757
Revised Code.	3758

(B) An order awarding or denying relief sought in a petition	3759
filed pursuant to section 2953.21 of the Revised Code is a final	3760
judgment and may be appealed pursuant to Chapter 2953. of the	3761
Revised Code.	3762

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	3763
Revised Code:	3764

(A) "Application" or "application for DNA testing" means a	3765
request through postconviction relief for the state to do DNA	3766
testing on biological material from the case in which the offender	3767
was convicted of the offense for which the offender is an eligible	3768
offender and is requesting the DNA testing under sections 2953.71	3769
to 2953.81 of the Revised Code.	3770

(B) "Biological material" means any product of a human body	3771
containing DNA.	3772

(C) "Chain of custody" means a record or other evidence that	3773
tracks a subject sample of biological material from the time the	3774
biological material was first obtained until the time it currently	3775
exists in its place of storage and, in relation to a DNA sample, a	3776
record or other evidence that tracks the DNA sample from the time	3777
it was first obtained until it currently exists in its place of	3778
storage. For purposes of this division, examples of when	3779
biological material or a DNA sample is first obtained include, but	3780
are not limited to, obtaining the material or sample at the scene	3781
of a crime, from a victim, from an offender, or in any other	3782
manner or time as is appropriate in the facts and circumstances	3783
present.	3784

(D) "Custodial agency" means the group or entity that has the	3785
responsibility to maintain biological material in question.	3786

(E) "Custodian" means the person who is the primary	3787
representative of a custodial agency.	3788

(F) "Eligible offender" means an offender who is eligible	3789
under division (C) of section 2953.72 of the Revised Code to	3790
request DNA testing to be conducted under sections 2953.71 to	3791
2953.81 of the Revised Code.	3792

(G) "Exclusion" or "exclusion result" means a result of DNA	3793
testing that scientifically precludes or forecloses the subject	3794
offender as a contributor of biological material recovered from	3795
the crime scene or victim in question, in relation to the offense	3796
for which the offender is an eligible offender and for which the	3797
sentence of death or prison term was imposed upon the offender.	3798

(H) "Extracting personnel" means medically approved personnel	3799
who are employed to physically obtain an offender's DNA specimen	3800
for purposes of DNA testing under sections 2953.71 to 2953.81 of	3801
the Revised Code.	3802

(I) "Inclusion" or "inclusion result" means a result of DNA	3803
testing that scientifically cannot exclude, or that holds	3804
accountable, the subject offender as a contributor of biological	3805
material recovered from the crime scene or victim in question, in	3806
relation to the offense for which the offender is an eligible	3807
offender and for which the sentence of death or prison term was	3808
imposed upon the offender.	3809

(J) "Inconclusive" or "inconclusive result" means a result of	3810
DNA testing that is rendered when a scientifically appropriate and	3811
definitive DNA analysis or result, or both, cannot be determined.	3812

(K) "Offender" means a criminal offender who was sentenced by	3813
a court, or by a jury and a court, of this state.	3814

(L) "Outcome determinative" means that had the results of DNA	3815
testing of the subject offender been presented at the trial of the	3816
subject offender requesting DNA testing and been found relevant	3817
and admissible with respect to the felony offense for which the	3818
offender is an eligible offender and is requesting the DNA	3819
testing, and had those results been analyzed in the context of and	3820
upon consideration of all available admissible evidence related to	3821
the offender's case as described in division (D) of section	3822
2953.74 of the Revised Code, there is a strong probability that no	3823
reasonable factfinder would have found the offender guilty of that	3824
offense or, if the offender was sentenced to death relative to	3825
that offense, would have found the offender guilty of the	3826
aggravating circumstance or circumstances the offender was found	3827
guilty of committing and that is or are the basis of that sentence	3828
of death.	3829

(M) "Parent sample" means the biological material first	3830
obtained from a crime scene or a victim of an offense for which an	3831
offender is an eligible offender, and from which a sample will be	3832
presently taken to do a DNA comparison to the DNA of the subject	3833
offender under sections 2953.71 to 2953.81 of the Revised Code.	3834

(N) "Prison" and "community control sanction" have the same	3835
meanings as in section 2929.01 of the Revised Code.	3836

(O) "Prosecuting attorney" means the prosecuting attorney	3837
who, or whose office, prosecuted the case in which the subject	3838
offender was convicted of the offense for which the offender is an	3839
eligible offender and is requesting the DNA testing.	3840

(P) "Prosecuting authority" means the prosecuting attorney or	3841
the attorney general.	3842

(Q) "Reasonable diligence" means a degree of diligence that	3843
is comparable to the diligence a reasonable person would employ in	3844
searching for information regarding an important matter in the	3845
person's own life.	3846

(R) "Testing authority" means a laboratory at which DNA	3847
testing will be conducted under sections 2953.71 to 2953.81 of the	3848
Revised Code.	3849

(S) "Parole" and "post-release control" have the same	3850
meanings as in section 2967.01 of the Revised Code.	3851

(T) "Sexually oriented offense" and "child-victim oriented	3852
offense" have the same meanings as in section 2950.01 of the	3853
Revised Code.	3854

(U) "Definitive DNA test" means a DNA test that clearly	3855
establishes that biological material from the perpetrator of the	3856
crime was recovered from the crime scene and also clearly	3857
establishes whether or not the biological material is that of the	3858
eligible offender. A prior DNA test is not definitive if the	3859
eligible offender proves by a preponderance of the evidence that	3860
because of advances in DNA technology there is a possibility of	3861
discovering new biological material from the perpetrator that the	3862
prior DNA test may have failed to discover. Prior testing may have	3863
been a prior "definitive DNA test" as to some biological evidence	3864
but may not have been a prior "definitive DNA test" as to other	3865
biological evidence.	3866

Sec. 2953.72. (A) Any eligible offender who wishes to request	3867
DNA testing under sections 2953.71 to 2953.81 of the Revised Code	3868
shall submit an application for the testing to the court of common	3869
pleas specified in section 2953.73 of the Revised Code, on a form	3870
prescribed by the attorney general for this purpose. The eligible	3871
offender shall submit the application in accordance with the	3872
procedures set forth in section 2953.73 of the Revised Code. The	3873
eligible offender shall specify on the application the offense or	3874
offenses for which the offender is an eligible offender and is	3875
requesting the DNA testing. Along with the application, the	3876
eligible offender shall submit an acknowledgment that is on a form	3877
prescribed by the attorney general for this purpose and that is	3878
signed by the offender. The acknowledgment shall set forth all of	3879
the following:	3880

(1) That sections 2953.71 to 2953.81 of the Revised Code	3881
contemplate applications for DNA testing of an eligible offender	3882
at a stage of a prosecution or case after the offender has been	3883
sentenced, that any exclusion or inclusion result of DNA testing	3884
rendered pursuant to those sections may be used by a party in any	3885
proceeding as described in section 2953.81 of the Revised Code,	3886
and that all requests for any DNA testing made at trial will	3887
continue to be handled by the prosecuting attorney in the case;	3888

(2) That the process of conducting postconviction DNA testing	3889
for an eligible offender under sections 2953.71 to 2953.81 of the	3890
Revised Code begins when the offender submits an application under	3891
section 2953.73 of the Revised Code and the acknowledgment	3892
described in this section;	3893

(3) That the eligible offender must submit the application	3894
and acknowledgment to the court of common pleas that heard the	3895
case in which the offender was convicted of the offense for which	3896
the offender is an eligible offender and is requesting the DNA	3897
testing;	3898

(4) That the state has established a set of criteria set	3899
forth in section 2953.74 of the Revised Code by which eligible	3900
offender applications for DNA testing will be screened and that a	3901
judge of a court of common pleas upon receipt of a properly filed	3902
application and accompanying acknowledgment will apply those	3903
criteria to determine whether to accept or reject the application;	3904

(5) That the results of DNA testing conducted under sections	3905
2953.71 to 2953.81 of the Revised Code will be provided as	3906
described in section 2953.81 of the Revised Code to all parties in	3907
the postconviction proceedings and will be reported to various	3908
courts;	3909

(6) That, if DNA testing is conducted with respect to an	3910
offender under sections 2953.71 to 2953.81 of the Revised Code,	3911
the state will not offer the offender a retest if an inclusion	3912
result is achieved relative to the testing and that, if the state	3913
were to offer a retest after an inclusion result, the policy would	3914
create an atmosphere in which endless testing could occur and in	3915
which postconviction proceedings could be stalled for many years;	3916

(7) That, if the court rejects an eligible offender's	3917
application for DNA testing because the offender does not satisfy	3918
the acceptance criteria described in division (A)(4) of this	3919
section, the court will not accept or consider subsequent	3920
applications;	3921

(8) That the acknowledgment memorializes the provisions of	3922
sections 2953.71 to 2953.81 of the Revised Code with respect to	3923
the application of postconviction DNA testing to offenders, that	3924
those provisions do not give any offender any additional	3925
constitutional right that the offender did not already have, that	3926
the court has no duty or obligation to provide postconviction DNA	3927
testing to offenders, that the court of common pleas has the sole	3928
discretion subject to an appeal as described in this division to	3929
determine whether an offender is an eligible offender and whether	3930
an eligible offender's application for DNA testing satisfies the	3931
acceptance criteria described in division (A)(4) of this section	3932
and whether the application should be accepted or rejected, that	3933
if the court of common pleas rejects an eligible offender's	3934
application, the offender may seek leave of the supreme court to	3935
appeal the rejection to that court if the offender was sentenced	3936
to death for the offense for which the offender is requesting the	3937
DNA testing and, if the offender was not sentenced to death for	3938
that offense, may appeal the rejection to the court of appeals,	3939
and that no determination otherwise made by the court of common	3940
pleas in the exercise of its discretion regarding the eligibility	3941
of an offender or regarding postconviction DNA testing under those	3942
provisions is reviewable by or appealable to any court;	3943

(9) That the manner in which sections 2953.71 to 2953.81 of	3944
the Revised Code with respect to the offering of postconviction	3945
DNA testing to offenders are carried out does not confer any	3946
constitutional right upon any offender, that the state has	3947
established guidelines and procedures relative to those provisions	3948
to ensure that they are carried out with both justice and	3949
efficiency in mind, and that an offender who participates in any	3950
phase of the mechanism contained in those provisions, including,	3951
but not limited to, applying for DNA testing and being rejected,	3952
having an application for DNA testing accepted and not receiving	3953
the test, or having DNA testing conducted and receiving	3954
unfavorable results, does not gain as a result of the	3955
participation any constitutional right to challenge, or, except as	3956
provided in division (A)(8) of this section, any right to any	3957
review or appeal of, the manner in which those provisions are	3958
carried out;	3959

(10) That the most basic aspect of sections 2953.71 to	3960
2953.81 of the Revised Code is that, in order for DNA testing to	3961
occur, there must be an offender sample against which other	3962
evidence may be compared, that, if an eligible offender's	3963
application is accepted but the offender subsequently refuses to	3964
submit to the collection of the sample of biological material from	3965
the offender or hinders the state from obtaining a sample of	3966
biological material from the offender, the goal of those	3967
provisions will be frustrated, and that an offender's refusal or	3968
hindrance shall cause the court to rescind its prior acceptance of	3969
the application for DNA testing for the offender and deny the	3970
application.	3971

(B) The attorney general shall prescribe a form to be used to	3972
make an application for DNA testing under division (A) of this	3973
section and section 2953.73 of the Revised Code and a form to be	3974
used to provide the acknowledgment described in division (A) of	3975
this section. The forms shall include all information described in	3976
division (A) of this section, spaces for an offender to insert all	3977
information necessary to complete the forms, including, but not	3978
limited to, specifying the offense or offenses for which the	3979
offender is an eligible offender and is requesting the DNA	3980
testing, and any other information or material the attorney	3981
general determines is necessary or relevant. The attorney general	3982
shall distribute copies of the prescribed forms to the department	3983
of rehabilitation and correction, the department shall ensure that	3984
each prison in which offenders are housed has a supply of copies	3985
of the forms, and the department shall ensure that copies of the	3986
forms are provided free of charge to any offender who requests	3987
them.	3988

(C)(1) An offender is eligible to request DNA testing to be	3989
conducted under sections 2953.71 to 2953.81 of the Revised Code	3990
only if all of the following apply:	3991

(a) The offense for which the offender claims to be an	3992
eligible offender is a felony, and the offender was convicted by a	3993
judge or jury of that offense.	3994

(b) One of the following applies:

3995

(i) The offender was sentenced to a prison term or sentence	3996
of death for the felony described in division (C)(1)(a) of this	3997
section, and the offender is in prison serving that prison term or	3998
under that sentence of death, has been paroled or is on probation	3999
regarding that felony, is under post-release control regarding	4000
that felony, or has been released from that prison term and is	4001
under a community control sanction regarding that felony.	4002

(ii) The offender was not sentenced to a prison term or	4003
sentence of death for the felony described in division (C)(1)(a)	4004
of this section, but was sentenced to a community control sanction	4005
for that felony and is under that community control sanction.	4006

(iii) The felony described in division (C)(1)(a) of this	4007
section was a sexually oriented offense or child-victim oriented	4008
offense, and the offender has a duty to comply with sections	4009
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	4010
relative to that felony.	4011

(2) An offender is not an eligible offender under division	4012
(C)(1) of this section regarding any offense to which the offender	4013
pleaded guilty or no contest.	4014

(3) An offender is not an eligible offender under division	4015
(C)(1) of this section regarding any offense if the offender dies	4016
prior to submitting an application for DNA testing related to that	4017
offense under section 2953.73 of the Revised Code.	4018

Sec. 2953.81. If an eligible offender submits an application	4019
for DNA testing under section 2953.73 of the Revised Code and if	4020
DNA testing is performed based on that application, upon	4021
completion of the testing, all of the following apply:	4022

(A) The court or a designee of the court shall require the	4023
state to maintain the results of the testing and to maintain and	4024
preserve both the parent sample of the biological material used	4025
and the offender sample of the biological material used. The	4026
testing authority may be designated as the person to maintain the	4027
results of the testing or to maintain and preserve some or all of	4028
the samples, or both. The results of the testing remain state's	4029
evidence. The samples shall be preserved during the entire period	4030
of time for which the offender is imprisoned or confined relative	4031
to the sentence in question, is on parole or probation relative to	4032
that sentence, is under post-release control or a community	4033
control sanction relative to that sentence, or has a duty to	4034
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	4035
the Revised Code relative to that sentence. Additionally, if the	4036
prison term or confinement under the sentence in question expires,	4037
if the sentence in question is a sentence of death and the	4038
offender is executed, or if the parole or probation period, the	4039
period of post-release control, the community control sanction, or	4040
the duty to comply with sections 2950.04, 2950.041, 2950.05, and	4041
2950.06 of the Revised Code under the sentence in question ends,	4042
the samples shall be preserved for a reasonable period of time of	4043
not less than twenty-four months after the term or confinement	4044
expires, the offender is executed, or the parole or probation	4045
period, the period of post-release control, the community control	4046
sanction, or the duty to comply with sections 2950.04, 2950.041,	4047
2950.05, and 2950.06 of the Revised Code ends, whichever is	4048
applicable. The court shall determine the period of time that is	4049
reasonable for purposes of this division, provided that the period	4050
shall not be less than twenty-four months after the term or	4051
confinement expires, the offender is executed, or the parole or	4052
probation period, the period of post-release control, the	4053
community control sanction, or the duty to comply with sections	4054
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends,	4055
whichever is applicable.	4056

(B) The results of the testing are a public record.

4057

(C) The court or the testing authority shall provide a copy	4058
of the results of the testing to the prosecuting attorney, the	4059
attorney general, and the subject offender.	4060

(D) If the postconviction proceeding in question is pending	4061
at that time in a court of this state, the court of common pleas	4062
that decided the DNA application or the testing authority shall	4063
provide a copy of the results of the testing to any court of this	4064
state, and, if it is pending in a federal court, the court of	4065
common pleas that decided the DNA application or the testing	4066
authority shall provide a copy of the results of the testing to	4067
that federal court.	4068

(E) The testing authority shall provide a copy of the results	4069
of the testing to the court of common pleas that decided the DNA	4070
application.	4071

(F) The offender or the state may enter the results of the	4072
testing into any proceeding.	4073

Sec. 2967.05.  (A) As used in this section:

4074

(1) "Imminent danger of death" means that the inmate has a	4075
medically diagnosable condition that will cause death to occur	4076
within a short period of time.	4077

As used in division (A)(1) of this section, "within a short	4078
period of time" means generally within six months.	4079

(2)(a) "Medically incapacitated" means any diagnosable	4080
medical condition, including mental dementia and severe, permanent	4081
medical or cognitive disability, that prevents the inmate from	4082
completing activities of daily living without significant	4083
assistance, that incapacitates the inmate to the extent that	4084
institutional confinement does not offer additional restrictions,	4085
that is likely to continue throughout the entire period of parole,	4086
and that is unlikely to improve noticeably.	4087

(b) "Medically incapacitated" does not include conditions	4088
related solely to mental illness unless the mental illness is	4089
accompanied by injury, disease, or organic defect.	4090

(3)(a) "Terminal illness" means a condition that satisfies	4091
all of the following criteria:	4092

(i) The condition is irreversible and incurable and is caused	4093
by disease, illness, or injury from which the inmate is unlikely	4094
to recover.	4095

(ii) In accordance with reasonable medical standards and a	4096
reasonable degree of medical certainty, the condition is likely to	4097
cause death to the inmate within twelve months.	4098

(iii) Institutional confinement of the inmate does not offer	4099
additional protections for public safety or against the inmate's	4100
risk to reoffend.	4101

(b) The department of rehabilitation and correction shall	4102
adopt rules pursuant to Chapter 119. of the Revised Code to	4103
implement the definition of "terminal illness" in division	4104
(A)(3)(a) of this section.	4105

(B) Upon the recommendation of the director of rehabilitation	4106
and correction, accompanied by a certificate of the attending	4107
physician that an inmate is terminally ill, medically	4108
incapacitated, or in imminent danger of death, the governor may	4109
order the inmate's release as if on parole, reserving the right to	4110
return the inmate to the institution pursuant to this section. If,	4111
subsequent to the inmate's release, the inmate's health improves	4112
so that the inmate is no longer terminally ill, medically	4113
incapacitated, or in imminent danger of death, the inmate shall be	4114
returned, by order of the governor, to the institution from which	4115
the inmate was released. If the inmate violates any rules or	4116
conditions applicable to the inmate, the inmate may be returned to	4117
an institution under the control of the department of	4118
rehabilitation and correction. The governor may direct the adult	4119
parole authority to investigate or cause to be investigated the	4120
inmate and make a recommendation in the manner set forth in	4121
section 2967.03 of the Revised Code. An inmate released under this	4122
section shall be subject to supervision by the adult parole	4123
authority in accordance with any recommendation of the adult	4124
parole authority that is approved by the governor. The adult	4125
parole authority shall adopt rules pursuant to section 119.03 of	4126
the Revised Code to establish the procedure for medical release of	4127
an inmate when an inmate is terminally ill, medically	4128
incapacitated, or in imminent danger of death.	4129

(C) No inmate is eligible for release under this section if	4130
the inmate is serving a death sentence, a sentence of life without	4131
parole, a sentence under Chapter 2971. of the Revised Code for a	4132
felony of the first or second degree, a sentence for aggravated	4133
murder or murder, or a mandatory prison term for an offense of	4134
violence or any specification described in Chapter 2941. of the	4135
Revised Code.	4136

Sec. 2967.13.  (A) Except as provided in division (G) of this	4137
section, a prisoner serving a sentence of imprisonment for life	4138
for an offense committed on or after July 1, 1996, is not entitled	4139
to any earned credit under section 2967.193 of the Revised Code	4140
and becomes eligible for parole as follows:	4141

(1) If a sentence of imprisonment for life was imposed for	4142
the offense of murder, at the expiration of the prisoner's minimum	4143
term;	4144

(2) If a sentence of imprisonment for life with parole	4145
eligibility after serving twenty years of imprisonment was imposed	4146
pursuant to section 2929.02 or former section 2929.022 or 2929.03	4147
of the Revised Code, after serving a term of twenty years;	4148

(3) If a sentence of imprisonment for life with parole	4149
eligibility after serving twenty-five full years of imprisonment	4150
was imposed pursuant to former section 2929.022 or 2929.03 of the	4151
Revised Code, after serving a term of twenty-five full years;	4152

(4) If a sentence of imprisonment for life with parole	4153
eligibility after serving thirty full years of imprisonment was	4154
imposed pursuant to section 2929.02 or former section 2929.022 or	4155
2929.03 of the Revised Code, after serving a term of thirty full	4156
years;	4157

(5) If a sentence of imprisonment for life was imposed for	4158
rape, after serving a term of ten full years' imprisonment;	4159

(6) If a sentence of imprisonment for life with parole	4160
eligibility after serving fifteen years of imprisonment was	4161
imposed for a violation of section 2927.24 of the Revised Code,	4162
after serving a term of fifteen years.	4163

(B) Except as provided in division (G) of this section, a	4164
prisoner serving a sentence of imprisonment for life with parole	4165
eligibility after serving twenty years of imprisonment or a	4166
sentence of imprisonment for life with parole eligibility after	4167
serving twenty-five full years or thirty full years of	4168
imprisonment imposed pursuant to section 2929.02 or former section	4169
2929.022 or 2929.03 of the Revised Code for an offense committed	4170
on or after July 1, 1996, consecutively to any other term of	4171
imprisonment, becomes eligible for parole after serving twenty	4172
years, twenty full years, or thirty full years, as applicable, as	4173
to each such sentence of life imprisonment, which shall not be	4174
reduced for earned credits under section 2967.193 of the Revised	4175
Code, plus the term or terms of the other sentences consecutively	4176
imposed or, if one of the other sentences is another type of life	4177
sentence with parole eligibility, the number of years before	4178
parole eligibility for that sentence.	4179

(C) Except as provided in division (G) of this section, a	4180
prisoner serving consecutively two or more sentences in which an	4181
indefinite term of imprisonment is imposed becomes eligible for	4182
parole upon the expiration of the aggregate of the minimum terms	4183
of the sentences.	4184

(D) Except as provided in division (G) of this section, a	4185
prisoner serving a term of imprisonment who is described in	4186
division (A) of section 2967.021 of the Revised Code becomes	4187
eligible for parole as described in that division or, if the	4188
prisoner is serving a definite term of imprisonment, shall be	4189
released as described in that division.	4190

(E) A prisoner serving a sentence of life imprisonment	4191
without parole imposed pursuant to section 2907.02 or 2929.02 or	4192
former section 2929.03 or 2929.06 of the Revised Code is not	4193
eligible for parole and shall be imprisoned until death.	4194

(F) A prisoner serving a stated prison term shall be released	4195
in accordance with section 2967.28 of the Revised Code.	4196

(G) A prisoner serving a prison term or term of life	4197
imprisonment without parole imposed pursuant to section 2971.03 of	4198
the Revised Code never becomes eligible for parole during that	4199
term of imprisonment.	4200

Sec. 2967.193.  (A) Except as provided in division (C) of	4201
this section or in section 2929.13, 2929.14, or 2967.13 of the	4202
Revised Code, a person confined in a state correctional	4203
institution may earn one day of credit as a deduction from the	4204
person's stated prison term for each full month during which the	4205
person productively participates in an education program,	4206
vocational training, employment in prison industries, treatment	4207
for substance abuse, treatment as a sex offender, or any other	4208
constructive program developed by the department with specific	4209
standards for performance by prisoners. At the end of each	4210
calendar month in which a prisoner productively participates in a	4211
program or activity listed in this division, the department of	4212
rehabilitation and correction shall deduct one day from the date	4213
on which the prisoner's stated prison term will expire. If the	4214
prisoner violates prison rules, the department may deny the	4215
prisoner a credit that otherwise could have been awarded to the	4216
prisoner or may withdraw one or more credits previously earned by	4217
the prisoner.	4218

If a prisoner is released before the expiration of the	4219
prisoner's stated prison term by reason of credit earned under	4220
this section, the department shall retain control of the prisoner	4221
by means of an appropriate post-release control sanction imposed	4222
by the parole board until the end of the stated prison term if the	4223
parole board imposes a post-release control sanction pursuant to	4224
section 2967.28 of the Revised Code. If the parole board is not	4225
required to impose a post-release control sanction under section	4226
2967.28 of the Revised Code, the parole board may elect not to	4227
impose a post-release control sanction on the prisoner.	4228

(B) The department of rehabilitation and correction shall	4229
adopt rules that specify the programs or activities for which	4230
credit may be earned under this section, the criteria for	4231
determining productive participation in the programs or activities	4232
and for awarding credit, and the criteria for denying or	4233
withdrawing previously earned credit as a result of a violation of	4234
prison rules.	4235

(C) No person who is serving a sentence of life imprisonment	4236
without parole imposed pursuant to section 2929.02 or former	4237
section 2929.03 or 2929.06 of the Revised Code or who is serving a	4238
prison term or a term of life imprisonment without parole imposed	4239
pursuant to section 2971.03 of the Revised Code shall be awarded	4240
any days of credit under division (A) of this section.	4241

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	4242
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06,or	4243
2929.13, or another section of the Revised Code, other than	4244
divisions (D) and (E) of section 2929.14 of the Revised Code, that	4245
authorizes or requires a specified prison term or a mandatory	4246
prison term for a person who is convicted of or pleads guilty to a	4247
felony or that specifies the manner and place of service of a	4248
prison term or term of imprisonment, the court shall impose a	4249
sentence upon a person who is convicted of or pleads guilty to a	4250
violent sex offense and who also is convicted of or pleads guilty	4251
to a sexually violent predator specification that was included in	4252
the indictment, count in the indictment, or information charging	4253
that offense, and upon a person who is convicted of or pleads	4254
guilty to a designated homicide, assault, or kidnapping offense	4255
and also is convicted of or pleads guilty to both a sexual	4256
motivation specification and a sexually violent predator	4257
specification that were included in the indictment, count in the	4258
indictment, or information charging that offense, as follows:	4259

(1) If the offense for which the sentence is being imposed is	4260
aggravated murder and if the court does not impose upon the	4261
offender a sentence of death, it shall impose upon the offender a	4262
term of life imprisonment without parole. If the court sentences	4263
the offender to death and the sentence of death is vacated,	4264
overturned, or otherwise set aside, the court shall impose upon	4265
the offender a term of life imprisonment without parole.	4266

(2) If the offense for which the sentence is being imposed is	4267
murder; or if the offense is rape committed in violation of	4268
division (A)(1)(b) of section 2907.02 of the Revised Code when the	4269
offender purposely compelled the victim to submit by force or	4270
threat of force, when the victim was less than ten years of age,	4271
when the offender previously has been convicted of or pleaded	4272
guilty to either rape committed in violation of that division or a	4273
violation of an existing or former law of this state, another	4274
state, or the United States that is substantially similar to	4275
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	4276
the offender during or immediately after the commission of the	4277
rape caused serious physical harm to the victim; or if the offense	4278
is an offense other than aggravated murder or murder for which a	4279
term of life imprisonment may be imposed, it shall impose upon the	4280
offender a term of life imprisonment without parole.	4281

(3)(a) Except as otherwise provided in division (A)(3)(b),	4282
(c), (d), or (e) or (A)(4) of this section, if the offense for	4283
which the sentence is being imposed is an offense other than	4284
aggravated murder, murder, or rape and other than an offense for	4285
which a term of life imprisonment may be imposed, it shall impose	4286
an indefinite prison term consisting of a minimum term fixed by	4287
the court from among the range of terms available as a definite	4288
term for the offense, but not less than two years, and a maximum	4289
term of life imprisonment.	4290

(b) Except as otherwise provided in division (A)(4) of this	4291
section, if the offense for which the sentence is being imposed is	4292
kidnapping that is a felony of the first degree, it shall impose	4293
an indefinite prison term as follows:	4294

(i) If the kidnapping is committed on or after the effective	4295
date of this amendmentJanuary 1, 2008, and the victim of the	4296
offense is less than thirteen years of age, except as otherwise	4297
provided in this division, it shall impose an indefinite prison	4298
term consisting of a minimum term of fifteen years and a maximum	4299
term of life imprisonment. If the kidnapping is committed on or	4300
after the effective date of this amendmentJanuary 1, 2008, the	4301
victim of the offense is less than thirteen years of age, and the	4302
offender released the victim in a safe place unharmed, it shall	4303
impose an indefinite prison term consisting of a minimum term of	4304
ten years and a maximum term of life imprisonment.	4305

(ii) If the kidnapping is committed prior to the effective	4306
date of this amendmentJanuary 1, 2008, or division (A)(3)(b)(i)	4307
of this section does not apply, it shall impose an indefinite term	4308
consisting of a minimum term fixed by the court that is not less	4309
than ten years and a maximum term of life imprisonment.	4310

(c) Except as otherwise provided in division (A)(4) of this	4311
section, if the offense for which the sentence is being imposed is	4312
kidnapping that is a felony of the second degree, it shall impose	4313
an indefinite prison term consisting of a minimum term fixed by	4314
the court that is not less than eight years, and a maximum term of	4315
life imprisonment.	4316

(d) Except as otherwise provided in division (A)(4) of this	4317
section, if the offense for which the sentence is being imposed is	4318
rape for which a term of life imprisonment is not imposed under	4319
division (A)(2) of this section or division (B) of section 2907.02	4320
of the Revised Code, it shall impose an indefinite prison term as	4321
follows:	4322

(i) If the rape is committed on or after January 2, 2007, in	4323
violation of division (A)(1)(b) of section 2907.02 of the Revised	4324
Code, it shall impose an indefinite prison term consisting of a	4325
minimum term of twenty-five years and a maximum term of life	4326
imprisonment.	4327

(ii) If the rape is committed prior to January 2, 2007, or	4328
the rape is committed on or after January 2, 2007, other than in	4329
violation of division (A)(1)(b) of section 2907.02 of the Revised	4330
Code, it shall impose an indefinite prison term consisting of a	4331
minimum term fixed by the court that is not less than ten years,	4332
and a maximum term of life imprisonment.	4333

(e) Except as otherwise provided in division (A)(4) of this	4334
section, if the offense for which sentence is being imposed is	4335
attempted rape, it shall impose an indefinite prison term as	4336
follows:	4337

(i) Except as otherwise provided in division (A)(3)(e)(ii),	4338
(iii), or (iv) of this section, it shall impose an indefinite	4339
prison term pursuant to division (A)(3)(a) of this section.	4340

(ii) If the attempted rape for which sentence is being	4341
imposed was committed on or after January 2, 2007, and if the	4342
offender also is convicted of or pleads guilty to a specification	4343
of the type described in section 2941.1418 of the Revised Code, it	4344
shall impose an indefinite prison term consisting of a minimum	4345
term of five years and a maximum term of twenty-five years.	4346

(iii) If the attempted rape for which sentence is being	4347
imposed was committed on or after January 2, 2007, and if the	4348
offender also is convicted of or pleads guilty to a specification	4349
of the type described in section 2941.1419 of the Revised Code, it	4350
shall impose an indefinite prison term consisting of a minimum	4351
term of ten years and a maximum of life imprisonment.	4352

(iv) If the attempted rape for which sentence is being	4353
imposed was committed on or after January 2, 2007, and if the	4354
offender also is convicted of or pleads guilty to a specification	4355
of the type described in section 2941.1420 of the Revised Code, it	4356
shall impose an indefinite prison term consisting of a minimum	4357
term of fifteen years and a maximum of life imprisonment.	4358

(4) For any offense for which the sentence is being imposed,	4359
if the offender previously has been convicted of or pleaded guilty	4360
to a violent sex offense and also to a sexually violent predator	4361
specification that was included in the indictment, count in the	4362
indictment, or information charging that offense, or previously	4363
has been convicted of or pleaded guilty to a designated homicide,	4364
assault, or kidnapping offense and also to both a sexual	4365
motivation specification and a sexually violent predator	4366
specification that were included in the indictment, count in the	4367
indictment, or information charging that offense, it shall impose	4368
upon the offender a term of life imprisonment without parole.	4369

(B)(1) Notwithstanding section 2929.13, division (A), (B),	4370
(C), or (F) of section 2929.14, or another section of the Revised	4371
Code other than division (B) of section 2907.02 or divisions (D)	4372
and (E) of section 2929.14 of the Revised Code that authorizes or	4373
requires a specified prison term or a mandatory prison term for a	4374
person who is convicted of or pleads guilty to a felony or that	4375
specifies the manner and place of service of a prison term or term	4376
of imprisonment, if a person is convicted of or pleads guilty to a	4377
violation of division (A)(1)(b) of section 2907.02 of the Revised	4378
Code committed on or after January 2, 2007, if division (A) of	4379
this section does not apply regarding the person, and if the court	4380
does not impose a sentence of life without parole when authorized	4381
pursuant to division (B) of section 2907.02 of the Revised Code,	4382
the court shall impose upon the person an indefinite prison term	4383
consisting of one of the following:	4384

(a) Except as otherwise required in division (B)(1)(b) or (c)	4385
of this section, a minimum term of ten years and a maximum term of	4386
life imprisonment.	4387

(b) If the victim was less than ten years of age, a minimum	4388
term of fifteen years and a maximum of life imprisonment.	4389

(c) If the offender purposely compels the victim to submit by	4390
force or threat of force, or if the offender previously has been	4391
convicted of or pleaded guilty to violating division (A)(1)(b) of	4392
section 2907.02 of the Revised Code or to violating an existing or	4393
former law of this state, another state, or the United States that	4394
is substantially similar to division (A)(1)(b) of that section, or	4395
if the offender during or immediately after the commission of the	4396
offense caused serious physical harm to the victim, a minimum term	4397
of twenty-five years and a maximum of life imprisonment.	4398

(2) Notwithstanding section 2929.13, division (A), (B), (C),	4399
or (F) of section 2929.14, or another section of the Revised Code	4400
other than divisions (D) and (E) of section 2929.14 of the Revised	4401
Code that authorizes or requires a specified prison term or a	4402
mandatory prison term for a person who is convicted of or pleads	4403
guilty to a felony or that specifies the manner and place of	4404
service of a prison term or term of imprisonment and except as	4405
otherwise provided in division (B) of section 2907.02 of the	4406
Revised Code, if a person is convicted of or pleads guilty to	4407
attempted rape committed on or after January 2, 2007, and if	4408
division (A) of this section does not apply regarding the person,	4409
the court shall impose upon the person an indefinite prison term	4410
consisting of one of the following:	4411

(a) If the person also is convicted of or pleads guilty to a	4412
specification of the type described in section 2941.1418 of the	4413
Revised Code, the court shall impose upon the person an indefinite	4414
prison term consisting of a minimum term of five years and a	4415
maximum term of twenty-five years.	4416

(b) If the person also is convicted of or pleads guilty to a	4417
specification of the type described in section 2941.1419 of the	4418
Revised Code, the court shall impose upon the person an indefinite	4419
prison term consisting of a minimum term of ten years and a	4420
maximum term of life imprisonment.	4421

(c) If the person also is convicted of or pleads guilty to a	4422
specification of the type described in section 2941.1420 of the	4423
Revised Code, the court shall impose upon the person an indefinite	4424
prison term consisting of a minimum term of fifteen years and a	4425
maximum term of life imprisonment.	4426

(3) Notwithstanding section 2929.13, division (A), (B), (C),	4427
or (F) of section 2929.14, or another section of the Revised Code	4428
other than divisions (D) and (E) of section 2929.14 of the Revised	4429
Code that authorizes or requires a specified prison term or a	4430
mandatory prison term for a person who is convicted of or pleads	4431
guilty to a felony or that specifies the manner and place of	4432
service of a prison term or term of imprisonment, if a person is	4433
convicted of or pleads guilty to an offense described in division	4434
(B)(3)(a), (b), (c), or (d) of this section committed on or after	4435
the effective date of this amendmentJanuary 1, 2008, if the	4436
person also is convicted of or pleads guilty to a sexual	4437
motivation specification that was included in the indictment,	4438
count in the indictment, or information charging that offense, and	4439
if division (A) of this section does not apply regarding the	4440
person, the court shall impose upon the person an indefinite	4441
prison term consisting of one of the following:	4442

(a) An indefinite prison term consisting of a minimum of ten	4443
years and a maximum term of life imprisonment if the offense for	4444
which the sentence is being imposed is kidnapping, the victim of	4445
the offense is less than thirteen years of age, and the offender	4446
released the victim in a safe place unharmed;	4447

(b) An indefinite prison term consisting of a minimum of	4448
fifteen years and a maximum term of life imprisonment if the	4449
offense for which the sentence is being imposed is kidnapping when	4450
the victim of the offense is less than thirteen years of age and	4451
division (B)(3)(a) of this section does not apply;	4452

(c) An indefinite term consisting of a minimum of thirty	4453
years and a maximum term of life imprisonment if the offense for	4454
which the sentence is being imposed is aggravated murder, when the	4455
victim of the offense is less than thirteen years of age, a	4456
sentence of death or life imprisonment without parole is not	4457
imposed for the offense, and division (A)(2)(b)(ii) of section	4458
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	4459
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	4460
division (A) or (B)(C) of section 2929.062929.02 of the Revised	4461
Code requires that the sentence for the offense be imposed	4462
pursuant to this division;	4463

(d) An indefinite prison term consisting of a minimum of	4464
thirty years and a maximum term of life imprisonment if the	4465
offense for which the sentence is being imposed is murder when the	4466
victim of the offense is less than thirteen years of age.	4467

(C)(1) If the offender is sentenced to a prison term pursuant	4468
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	4469
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	4470
board shall have control over the offender's service of the term	4471
during the entire term unless the parole board terminates its	4472
control in accordance with section 2971.04 of the Revised Code.	4473

(2) Except as provided in division (C)(3) of this section, an	4474
offender sentenced to a prison term or term of life imprisonment	4475
without parole pursuant to division (A) of this section shall	4476
serve the entire prison term or term of life imprisonment in a	4477
state correctional institution. The offender is not eligible for	4478
judicial release under section 2929.20 of the Revised Code.	4479

(3) For a prison term imposed pursuant to division (A)(3),	4480
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	4481
(c), or (d) of this section, the court, in accordance with section	4482
2971.05 of the Revised Code, may terminate the prison term or	4483
modify the requirement that the offender serve the entire term in	4484
a state correctional institution if all of the following apply:	4485

(a) The offender has served at least the minimum term imposed	4486
as part of that prison term.	4487

(b) The parole board, pursuant to section 2971.04 of the	4488
Revised Code, has terminated its control over the offender's	4489
service of that prison term.	4490

(c) The court has held a hearing and found, by clear and	4491
convincing evidence, one of the following:	4492

(i) In the case of termination of the prison term, that the	4493
offender is unlikely to commit a sexually violent offense in the	4494
future;	4495

(ii) In the case of modification of the requirement, that the	4496
offender does not represent a substantial risk of physical harm to	4497
others.	4498

(4) An offender who has been sentenced to a term of life	4499
imprisonment without parole pursuant to division (A)(1), (2), or	4500
(4) of this section shall not be released from the term of life	4501
imprisonment or be permitted to serve a portion of it in a place	4502
other than a state correctional institution.	4503

(D) If a court sentences an offender to a prison term or term	4504
of life imprisonment without parole pursuant to division (A) of	4505
this section and the court also imposes on the offender one or	4506
more additional prison terms pursuant to division (D) of section	4507
2929.14 of the Revised Code, all of the additional prison terms	4508
shall be served consecutively with, and prior to, the prison term	4509
or term of life imprisonment without parole imposed upon the	4510
offender pursuant to division (A) of this section.	4511

(E) If the offender is convicted of or pleads guilty to two	4512
or more offenses for which a prison term or term of life	4513
imprisonment without parole is required to be imposed pursuant to	4514
division (A) of this section, divisions (A) to (D) of this section	4515
shall be applied for each offense. All minimum terms imposed upon	4516
the offender pursuant to division (A)(3) or (B) of this section	4517
for those offenses shall be aggregated and served consecutively,	4518
as if they were a single minimum term imposed under that division.	4519

(F)(1) If an offender is convicted of or pleads guilty to a	4520
violent sex offense and also is convicted of or pleads guilty to a	4521
sexually violent predator specification that was included in the	4522
indictment, count in the indictment, or information charging that	4523
offense, or is convicted of or pleads guilty to a designated	4524
homicide, assault, or kidnapping offense and also is convicted of	4525
or pleads guilty to both a sexual motivation specification and a	4526
sexually violent predator specification that were included in the	4527
indictment, count in the indictment, or information charging that	4528
offense, the conviction of or plea of guilty to the offense and	4529
the sexually violent predator specification automatically	4530
classifies the offender as a tier III sex offender/child-victim	4531
offender for purposes of Chapter 2950. of the Revised Code.	4532

(2) If an offender is convicted of or pleads guilty to	4533
committing on or after January 2, 2007, a violation of division	4534
(A)(1)(b) of section 2907.02 of the Revised Code and either the	4535
offender is sentenced under section 2971.03 of the Revised Code or	4536
a sentence of life without parole is imposed under division (B) of	4537
section 2907.02 of the Revised Code, the conviction of or plea of	4538
guilty to the offense automatically classifies the offender as a	4539
tier III sex offender/child-victim offender for purposes of	4540
Chapter 2950. of the Revised Code.	4541

(3) If a person is convicted of or pleads guilty to	4542
committing on or after January 2, 2007, attempted rape and also is	4543
convicted of or pleads guilty to a specification of the type	4544
described in section 2941.1418, 2941.1419, or 2941.1420 of the	4545
Revised Code, the conviction of or plea of guilty to the offense	4546
and the specification automatically classify the offender as a	4547
tier III sex offender/child-victim offender for purposes of	4548
Chapter 2950. of the Revised Code.	4549

(4) If a person is convicted of or pleads guilty to one of	4550
the offenses described in division (B)(3)(a), (b), (c), or (d) of	4551
this section and a sexual motivation specification related to the	4552
offense and the victim of the offense is less than thirteen years	4553
of age, the conviction of or plea of guilty to the offense	4554
automatically classifies the offender as a tier III sex	4555
offender/child-victim offender for purposes of Chapter 2950. of	4556
the Revised Code.	4557

Sec. 2971.07.  (A) This chapter does not apply to any	4558
offender unless the offender is one of the following:	4559

(1) The offender is convicted of or pleads guilty to a	4560
violent sex offense and also is convicted of or pleads guilty to a	4561
sexually violent predator specification that was included in the	4562
indictment, count in the indictment, or information charging that	4563
offense.	4564

(2) The offender is convicted of or pleads guilty to a	4565
designated homicide, assault, or kidnapping offense and also is	4566
convicted of or pleads guilty to both a sexual motivation	4567
specification and a sexually violent predator specification that	4568
were included in the indictment, count in the indictment, or	4569
information charging that offense.	4570

(3) The offender is convicted of or pleads guilty to a	4571
violation of division (A)(1)(b) of section 2907.02 of the Revised	4572
Code committed on or after January 2, 2007, and the court does not	4573
sentence the offender to a term of life without parole pursuant to	4574
division (B) of section 2907.02 of the Revised Code or division	4575
(B) of that section prohibits the court from sentencing the	4576
offender pursuant to section 2971.03 of the Revised Code.	4577

(4) The offender is convicted of or pleads guilty to	4578
attempted rape committed on or after January 2, 2007, and also is	4579
convicted of or pleads guilty to a specification of the type	4580
described in section 2941.1418, 2941.1419, or 2941.1420 of the	4581
Revised Code.	4582

(5) The offender is convicted of or pleads guilty to a	4583
violation of section 2905.01 of the Revised Code and also is	4584
convicted of or pleads guilty to a sexual motivation specification	4585
that was included in the indictment, count in the indictment, or	4586
information charging that offense, and that section requires a	4587
court to sentence the offender pursuant to section 2971.03 of the	4588
Revised Code.	4589

(6) The offender is convicted of or pleads guilty to	4590
aggravated murder and also is convicted of or pleads guilty to a	4591
sexual motivation specification that was included in the	4592
indictment, count in the indictment, or information charging that	4593
offense, and division (A)(2)(b)(ii) of section 2929.022, division	4594
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	4595
or (E)(1)(d) of section 2929.03, or division (A) or (B)(C) of	4596
section 2929.062929.02 of the Revised Code requires a court to	4597
sentence the offender pursuant to division (B)(3) of section	4598
2971.03 of the Revised Code.	4599

(7) The offender is convicted of or pleads guilty to murder	4600
and also is convicted of or pleads guilty to a sexual motivation	4601
specification that was included in the indictment, count in the	4602
indictment, or information charging that offense, and division	4603
(B)(2)(C) of section 2929.02 of the Revised Code requires a court	4604
to sentence the offender pursuant to section 2971.03 of the	4605
Revised Code.	4606

(B) This chapter does not limit or affect a court in imposing	4607
upon an offender described in divisions (A)(1) to (9) of this	4608
section any financial sanction under section 2929.18 or any other	4609
section of the Revised Code, or, except as specifically provided	4610
in this chapter, any other sanction that is authorized or required	4611
for the offense or violation by any other provision of law.	4612

(C) If an offender is sentenced to a prison term under	4613
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	4614
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	4615
Code and if, pursuant to section 2971.05 of the Revised Code, the	4616
court modifies the requirement that the offender serve the entire	4617
prison term in a state correctional institution or places the	4618
offender on conditional release that involves the placement of the	4619
offender under the supervision of the adult parole authority,	4620
authorized field officers of the authority who are engaged within	4621
the scope of their supervisory duties or responsibilities may	4622
search, with or without a warrant, the person of the offender, the	4623
place of residence of the offender, and a motor vehicle, another	4624
item of tangible or intangible personal property, or any other	4625
real property in which the offender has the express or implied	4626
permission of a person with a right, title, or interest to use,	4627
occupy, or possess if the field officer has reasonable grounds to	4628
believe that the offender is not abiding by the law or otherwise	4629
is not complying with the terms and conditions of the offender's	4630
modification or release. The authority shall provide each offender	4631
with a written notice that informs the offender that authorized	4632
field officers of the authority who are engaged within the scope	4633
of their supervisory duties or responsibilities may conduct those	4634
types of searches during the period of the modification or release	4635
if they have reasonable grounds to believe that the offender is	4636
not abiding by the law or otherwise is not complying with the	4637
terms and conditions of the offender's modification or release.	4638

Sec. 5120.61.  (A)(1) Not later than ninety days after	4639
January 1, 1997, the department of rehabilitation and correction	4640
shall adopt standards that it will use under this section to	4641
assess the following criminal offenders and may periodically	4642
revise the standards:	4643

(a) A criminal offender who is convicted of or pleads guilty	4644
to a violent sex offense or designated homicide, assault, or	4645
kidnapping offense and is adjudicated a sexually violent predator	4646
in relation to that offense;	4647

(b) A criminal offender who is convicted of or pleads guilty	4648
to a violation of division (A)(1)(b) of section 2907.02 of the	4649
Revised Code committed on or after January 2, 2007, and either who	4650
is sentenced under section 2971.03 of the Revised Code or upon	4651
whom a sentence of life without parole is imposed under division	4652
(B) of section 2907.02 of the Revised Code;	4653

(c) A criminal offender who is convicted of or pleads guilty	4654
to attempted rape committed on or after January 2, 2007, and a	4655
specification of the type described in section 2941.1418,	4656
2941.1419, or 2941.1420 of the Revised Code;	4657

(d) A criminal offender who is convicted of or pleads guilty	4658
to a violation of section 2905.01 of the Revised Code and also is	4659
convicted of or pleads guilty to a sexual motivation specification	4660
that was included in the indictment, count in the indictment, or	4661
information charging that offense, and who is sentenced pursuant	4662
to section 2971.03 of the Revised Code;	4663

(e) A criminal offender who is convicted of or pleads guilty	4664
to aggravated murder and also is convicted of or pleads guilty to	4665
a sexual motivation specification that was included in the	4666
indictment, count in the indictment, or information charging that	4667
offense, and who pursuant to division (A)(2)(b)(ii) of section	4668
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	4669
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	4670
division (A) or (B)(C) of section 2929.062929.02 of the Revised	4671
Code is sentenced pursuant to division (B)(3) of section 2971.03	4672
of the Revised Code;	4673

(f) A criminal offender who is convicted of or pleads guilty	4674
to murder and also is convicted of or pleads guilty to a sexual	4675
motivation specification that was included in the indictment,	4676
count in the indictment, or information charging that offense, and	4677
who pursuant to division (B)(2)(C)(1) of section 2929.02 of the	4678
Revised Code is sentenced pursuant to section 2971.03 of the	4679
Revised Code.	4680

(2) When the department is requested by the parole board or	4681
the court to provide a risk assessment report of the offender	4682
under section 2971.04 or 2971.05 of the Revised Code, it shall	4683
assess the offender and complete the assessment as soon as	4684
possible after the offender has commenced serving the prison term	4685
or term of life imprisonment without parole imposed under division	4686
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	4687
(b), (c), or (d) of section 2971.03 of the Revised Code.	4688
Thereafter, the department shall update a risk assessment report	4689
pertaining to an offender as follows:	4690

(a) Periodically, in the discretion of the department,	4691
provided that each report shall be updated no later than two years	4692
after its initial preparation or most recent update;	4693

(b) Upon the request of the parole board for use in	4694
determining pursuant to section 2971.04 of the Revised Code	4695
whether it should terminate its control over an offender's service	4696
of a prison term imposed upon the offender under division (A)(3),	4697
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	4698
(c), or (d) of section 2971.03 of the Revised Code;	4699

(c) Upon the request of the court.

4700

(3) After the department of rehabilitation and correction	4701
assesses an offender pursuant to division (A)(2) of this section,	4702
it shall prepare a report that contains its risk assessment for	4703
the offender or, if a risk assessment report previously has been	4704
prepared, it shall update the risk assessment report.	4705

(4) The department of rehabilitation and correction shall	4706
provide each risk assessment report that it prepares or updates	4707
pursuant to this section regarding an offender to all of the	4708
following:	4709

(a) The parole board for its use in determining pursuant to	4710
section 2971.04 of the Revised Code whether it should terminate	4711
its control over an offender's service of a prison term imposed	4712
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	4713
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	4714
2971.03 of the Revised Code, if the parole board has not	4715
terminated its control over the offender;	4716

(b) The court for use in determining, pursuant to section	4717
2971.05 of the Revised Code, whether to modify the requirement	4718
that the offender serve the entire prison term imposed upon the	4719
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	4720
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	4721
the Revised Code in a state correctional institution, whether to	4722
revise any modification previously made, or whether to terminate	4723
the prison term;	4724

(c) The prosecuting attorney who prosecuted the case, or the	4725
successor in office to that prosecuting attorney;	4726

(d) The offender.

4727

(B) When the department of rehabilitation and correction	4728
provides a risk assessment report regarding an offender to the	4729
parole board or court pursuant to division (A)(4)(a) or (b) of	4730
this section, the department, prior to the parole board's or	4731
court's hearing, also shall provide to the offender or to the	4732
offender's attorney of record a copy of the report and a copy of	4733
any other relevant documents the department possesses regarding	4734
the offender that the department does not consider to be	4735
confidential.	4736

(C) As used in this section:

4737

(1) "Adjudicated a sexually violent predator" has the same	4738
meaning as in section 2929.01 of the Revised Code, and a person is	4739
"adjudicated a sexually violent predator" in the same manner and	4740
the same circumstances as are described in that section.	4741

(2) "Designated homicide, assault, or kidnapping offense" and	4742
"violent sex offense" have the same meanings as in section 2971.01	4743
of the Revised Code.	4744

Sec. 5919.16.  (A) Commissioned and warrant officers in the	4745
Ohio national guard shall be discharged by the adjutant general	4746
upon either of the following:	4747

(1) The officer's resignation;

4748

(2) Approval of a board's recommendation for withdrawal of	4749
federal recognition by the chief of the national guard bureau.	4750

(B) An officer also may be discharged under any of the	4751
following circumstances:	4752

(1) Pursuant to other federal regulations;

4753

(2) If absent without leave for three months, upon	4754
recommendation of an efficiency board;	4755

(3) Pursuant to sentence by court-martial;

4756

(4) If the officer has been convicted of a crime classified	4757
as a felony as described in division (C) or (D) or (E) of section	4758
2901.02 of the Revised Code.	4759

Section 2.  That existing sections 120.03, 120.06, 120.14,	4760
120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183,	4761
2152.13, 2152.67, 2301.20, 2313.37, 2701.07, 2901.02, 2909.24,	4762
2929.02, 2929.13, 2929.14, 2941.14, 2941.148, 2941.401, 2941.43,	4763
2941.51, 2945.06, 2945.21, 2945.25, 2945.38, 2949.02, 2949.03,	4764
2953.02, 2953.07, 2953.08, 2953.09, 2953.10, 2953.21, 2953.23,	4765
2953.71, 2953.72, 2953.81, 2967.05, 2967.13, 2967.193, 2971.03,	4766
2971.07, 5120.61, and 5919.16 and sections 109.97, 120.35,	4767
2929.021, 2929.022, 2929.023, 2929.024, 2929.03, 2929.04, 2929.05,	4768
2929.06, 2947.08, 2949.21, 2949.22, 2949.24, 2949.25, 2949.26,	4769
2949.27, 2949.28, 2949.29, 2949.31, and 2967.08 of the Revised	4770
Code are hereby repealed.	4771

Section 3. (A) An offender whose sentence of death has been	4772
set aside, nullified, or vacated pursuant to section 2929.06 of	4773
the Revised Code as it existed immediately before the effective	4774
date of this act but who has not been resentenced under that	4775
section as of the effective date of this act shall be resentenced	4776
in accordance with that section as it existed immediately before	4777
the effective date of this act.	4778

(B) An offender who was sentenced to death before the	4779
effective date of this act shall have the same right to	4780
postconviction DNA testing as the offender had under sections	4781
2953.71 to 2953.81 of the Revised Code as they existed immediately	4782
before the effective date of this act or as they may hereafter be	4783
amended.	4784

(C) All reports and payments relating to capital cases that	4785
were required to be made under any provision of Chapter 120. or	4786
section 109.97 of the Revised Code as that provision existed	4787
immediately before the effective date of this act shall be made	4788
for the current calendar or fiscal year, as applicable, in	4789
accordance with that provision as it existed immediately before	4790
the effective date of this act.	4791

Section 4. This act is hereby declared to be an emergency	4792
measure necessary for the immediate preservation of the public	4793
peace, health, and safety. The reason for such necessity is to	4794
preserve life by preventing the execution of death sentences	4795
imposed before the effective date of this act but not yet carried	4796
out. Therefore, this act shall go into immediate effect.	4797

Section 5.  Section 2929.14 of the Revised Code is presented	4798
in this act as a composite of the section as amended by both Am.	4799
Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.	4800
Section 2953.07 of the Revised Code is presented in this act as a	4801
composite of the section as amended by both Am. Sub. S.B. 2 and	4802
Am. Sub. S.B. 4 of the 121st General Assembly. Section 2967.193 of	4803
the Revised Code is presented in this act as a composite of the	4804
section as amended by both Am. Sub. S.B. 269 and Am. Sub. H.B. 180	4805
of the 121st General Assembly. The General Assembly, applying the	4806
principle stated in division (B) of section 1.52 of the Revised	4807
Code that amendments are to be harmonized if reasonably capable of	4808
simultaneous operation, finds that the composites are the	4809
resulting versions of these sections in effect prior to the	4810
effective dates of the sections as presented in this act.	4811