Sec. 2929.02. (A) Whoever is convicted of or pleads guilty | 11 |
to aggravated
murder in violation of section 2903.01 of the | 12 |
Revised Code shall
suffer death or be imprisoned for life, as | 13 |
determined pursuant to
sections 2929.022, 2929.03, and 2929.04 of | 14 |
the Revised Code,
except that no person who raises the matter of | 15 |
age pursuant to
section 2929.023 of the
Revised Code and who is | 16 |
not found to have been eighteen years of
age or older at the time | 17 |
of the commission of the offense shall
suffer death. In addition, | 18 |
the offender may be fined an amount
fixed by the court, but not | 19 |
more than twenty-five thousand
dollars. | 20 |
(3) Except as otherwise provided in division (B)(3)(4) of | 31 |
this
section, if a person is convicted of or pleads guilty to | 32 |
murder in
violation of section 2903.02 of the Revised Code, the | 33 |
victim of
the offense was less than thirteen years of age, and | 34 |
the offender
also
is convicted of or pleads guilty to a sexual | 35 |
motivation
specification that was included in the indictment, | 36 |
count in the
indictment, or information charging the offense, the | 37 |
court shall
impose an indefinite prison term of thirty years to | 38 |
life pursuant
to division (B)(3) of section 2971.03 of the | 39 |
Revised Code. | 40 |
(3)(4) If a person is convicted of or pleads guilty to murder | 41 |
in
violation of section 2903.02 of the Revised Code and also is | 42 |
convicted of or pleads guilty to a sexual motivation specification | 43 |
and a
sexually violent predator specification that were included | 44 |
in the indictment,
count in the indictment, or information that | 45 |
charged the murder, the court
shall impose upon the offender a | 46 |
term of life imprisonment without
parole that shall be served | 47 |
pursuant to section 2971.03
of the Revised Code. | 48 |
(C) The court shall not impose a fine or fines for
aggravated | 51 |
murder or murder which, in the aggregate and to the
extent not | 52 |
suspended by the court, exceeds the amount which the
offender is | 53 |
or will be able to pay by the method and within the
time allowed | 54 |
without undue hardship to the offender or
to the dependents of the | 55 |
offender, or will prevent
the offender from making reparation for | 56 |
the victim's
wrongful death. | 57 |
(D)(1) In addition to any other sanctions imposed for a | 58 |
violation of section 2903.01 or 2903.02 of the Revised Code, if | 59 |
the offender used a motor vehicle as the means to commit the | 60 |
violation, the court shall impose upon the offender a class two | 61 |
suspension of the offender's driver's license, commercial driver's | 62 |
license, temporary instruction permit, probationary license, or | 63 |
nonresident operating privilege as specified in division (A)(2) of | 64 |
section 4510.02 of the Revised Code. | 65 |
Sec. 2929.14. (A) Except as provided in
division (C), | 68 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or | 69 |
(L) of
this
section and except
in relation to an offense for | 70 |
which a
sentence
of death or life
imprisonment is to be imposed, | 71 |
if the
court
imposing a sentence
upon an offender for a felony | 72 |
elects or
is
required to impose a
prison term on the offender | 73 |
pursuant to
this
chapter, the court shall
impose a definite | 74 |
prison term that
shall
be one of the following: | 75 |
(4) For a felony of the fourth degree, the prison term
shall | 82 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 83 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 84 |
(B) Except as provided in division (C),
(D)(1), (D)(2), | 87 |
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in | 88 |
section
2907.02 or 2907.05
of the Revised
Code, or in Chapter | 89 |
2925. of the
Revised Code, if the court
imposing a sentence upon | 90 |
an offender
for a felony elects or is
required to impose a prison | 91 |
term on the
offender, the court shall
impose the shortest prison | 92 |
term
authorized for the offense
pursuant to division (A) of this | 93 |
section, unless
one or more
of
the following applies: | 94 |
(C) Except as provided in division (G) or (L) of this section | 101 |
or in
Chapter 2925. of
the Revised Code, the court imposing a | 102 |
sentence
upon an
offender for a felony may impose the longest | 103 |
prison term
authorized for the offense pursuant to division (A) of | 104 |
this
section only upon offenders who committed the worst forms of | 105 |
the
offense, upon offenders who pose the greatest likelihood of | 106 |
committing future crimes, upon certain major drug offenders under | 107 |
division (D)(3) of this section, and upon certain repeat
violent | 108 |
offenders in accordance with division (D)(2) of
this section. | 109 |
(b) If a
court imposes a prison term on
an
offender under | 134 |
division (D)(1)(a) of this section, the prison
term shall not be | 135 |
reduced pursuant to section 2929.20, section 2967.193,
or
any | 136 |
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 137 |
Code. Except as provided in division (D)(1)(g) of this section,
a | 138 |
court shall not
impose more than one prison term on an
offender | 139 |
under
division (D)(1)(a) of this section for felonies
committed as | 140 |
part of
the same act or transaction. | 141 |
(c) Except as provided in division
(D)(1)(e)
of this
section, | 142 |
if an offender who is convicted of or pleads
guilty to a
violation | 143 |
of section 2923.161 of the
Revised
Code or to a felony
that | 144 |
includes,
as an essential element, purposely or knowingly
causing | 145 |
or
attempting to cause the death of or physical harm to
another, | 146 |
also is convicted of or pleads guilty to a specification
of the | 147 |
type described in section 2941.146 of the
Revised
Code that | 148 |
charges the offender
with committing the offense by discharging a | 149 |
firearm from a
motor vehicle other than a manufactured
home, the | 150 |
court, after imposing
a prison term on the offender for the | 151 |
violation of section
2923.161 of the Revised
Code or for the other | 152 |
felony
offense under division (A), (D)(2), or (D)(3) of this | 153 |
section, shall
impose an additional prison term of five years upon | 154 |
the offender
that shall not be reduced pursuant to section | 155 |
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 156 |
or Chapter 5120. of the Revised Code. A
court shall not impose | 157 |
more than one additional prison term on an offender under
division | 158 |
(D)(1)(c) of this section for felonies committed as
part of the | 159 |
same
act or transaction. If a court imposes an additional prison | 160 |
term on an
offender under division (D)(1)(c) of this section | 161 |
relative to an offense, the court also shall
impose a prison term | 162 |
under division
(D)(1)(a) of this section
relative to the same | 163 |
offense, provided the criteria specified in that division
for | 164 |
imposing an additional prison term are satisfied relative to the | 165 |
offender
and the offense. | 166 |
(d)
If an offender who is convicted of or pleads guilty to | 167 |
an offense
of violence that is a felony also is convicted of or | 168 |
pleads guilty to a
specification of the type described in section | 169 |
2941.1411 of the Revised Code that charges the
offender with | 170 |
wearing or carrying body armor
while committing the felony offense | 171 |
of violence, the court shall
impose on the offender a prison term | 172 |
of two years. The prison
term so imposed shall not be reduced | 173 |
pursuant to section 2929.20,
section 2967.193, or any other | 174 |
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 175 |
court shall not impose more
than one prison term
on an offender | 176 |
under division
(D)(1)(d) of this section for
felonies committed as | 177 |
part of
the same act or transaction. If a
court imposes an | 178 |
additional prison
term under division (D)(1)(a)
or (c)
of this | 179 |
section, the
court is not precluded from imposing
an additional | 180 |
prison term under
division (D)(1)(d) of this
section. | 181 |
(e) The court shall not impose any of the
prison terms | 182 |
described in division
(D)(1)(a)
of this section or any of the | 183 |
additional prison terms described in
division (D)(1)(c) of this | 184 |
section upon an
offender for a
violation of section
2923.12 or | 185 |
2923.123 of the Revised Code. The court shall not
impose any of | 186 |
the prison terms described in division (D)(1)(a) or
(b) of this | 187 |
section upon an offender for a violation of section
2923.122 that | 188 |
involves a deadly weapon that is a firearm other
than a dangerous | 189 |
ordnance, section 2923.16, or section 2923.121
of the Revised | 190 |
Code. The court shall not
impose any of
the prison terms described | 191 |
in
division
(D)(1)(a) of this section
or any of the additional | 192 |
prison terms
described in division
(D)(1)(c) of this section
upon | 193 |
an offender for a violation of
section 2923.13 of the
Revised Code | 194 |
unless all of the following
apply: | 195 |
(f) If an offender is convicted of or pleads guilty to a
| 201 |
felony that includes, as an essential element, causing or
| 202 |
attempting to cause
the death of or physical
harm to another and
| 203 |
also is convicted of or pleads guilty to a
specification of the
| 204 |
type described in section 2941.1412 of the
Revised Code that
| 205 |
charges the
offender with committing the offense by discharging a
| 206 |
firearm at a
peace officer as defined in section 2935.01 of the
| 207 |
Revised Code or a corrections officer, as defined in section | 208 |
2941.1412 of the Revised Code, the court, after imposing a
prison | 209 |
term on the
offender for the felony offense under division (A), | 210 |
(D)(2),
or
(D)(3) of this section, shall impose an additional | 211 |
prison term of
seven years upon the offender that shall not be | 212 |
reduced pursuant
to section 2929.20, section 2967.193, or any | 213 |
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 214 |
Code. If an
offender is convicted of or pleads guilty to two or | 215 |
more felonies
that include, as an essential element, causing or | 216 |
attempting to
cause the death or physical harm to another and | 217 |
also is convicted
of or pleads guilty to a specification of the | 218 |
type described under
division (D)(1)(f) of this section in | 219 |
connection with two or more
of the felonies of which the offender | 220 |
is convicted or to which the
offender pleads guilty, the | 221 |
sentencing court shall impose on the
offender the prison term | 222 |
specified under division (D)(1)(f) of
this section for each of | 223 |
two of the specifications of which the
offender is convicted or | 224 |
to which the offender pleads guilty and,
in its discretion, also | 225 |
may impose on the offender the prison term
specified under that | 226 |
division for any or all of the remaining
specifications.
If a | 227 |
court
imposes an
additional prison term on
an offender under | 228 |
division
(D)(1)(f) of
this section relative to
an offense,
the | 229 |
court
shall not impose a
prison term under
division (D)(1)(a)
or | 230 |
(c)
of
this section
relative to the same
offense. | 231 |
(g) If an offender is convicted of or pleads guilty to two | 232 |
or more felonies, if one or more of those felonies is aggravated | 233 |
murder, murder, attempted aggravated murder, attempted murder, | 234 |
aggravated robbery, felonious assault, or rape, and if the | 235 |
offender is convicted of or pleads guilty to a specification of | 236 |
the type described under division (D)(1)(a) of this section in | 237 |
connection with two or more of the felonies, the sentencing court | 238 |
shall impose on the offender the prison term specified under | 239 |
division (D)(1)(a) of this section for each of the two most | 240 |
serious specifications of which the offender is convicted or to | 241 |
which the offender pleads guilty and, in its discretion, also may | 242 |
impose on the offender the prison term specified under that | 243 |
division for any or all of the remaining specifications. | 244 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 245 |
the
court
may impose on an offender, in addition to the longest | 246 |
prison term
authorized or required for the offense, an additional | 247 |
definite prison term of one, two, three, four, five, six, seven, | 248 |
eight, nine, or ten years if all of the following criteria are | 249 |
met: | 250 |
(ii) The offense of which the offender currently is convicted | 254 |
or to which the offender currently pleads guilty is aggravated | 255 |
murder and the court does not impose a sentence of death or life | 256 |
imprisonment without parole, murder, terrorism and the court does | 257 |
not impose a sentence of life imprisonment without parole, any | 258 |
felony of the first degree that is an offense of violence and the | 259 |
court does not impose a sentence of life imprisonment without | 260 |
parole, or any felony of the second degree that is an offense of | 261 |
violence and the trier of fact finds that the offense involved an | 262 |
attempt to cause or a threat to cause serious physical harm to a | 263 |
person or resulted in serious physical harm to a person. | 264 |
(iv) The court finds that the prison terms imposed pursuant | 267 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 268 |
division (D)(1) or (3) of this section are inadequate to
punish | 269 |
the
offender and protect the public from future crime,
because the | 270 |
applicable factors
under
section 2929.12
of the Revised Code | 271 |
indicating a greater
likelihood of recidivism outweigh
the | 272 |
applicable factors under that section indicating a lesser | 273 |
likelihood of
recidivism. | 274 |
(v) The court finds that the prison terms imposed pursuant to | 275 |
division (D)(2)(a)(iii) of this section and, if applicable, | 276 |
division (D)(1) or (3) of this section are demeaning to the | 277 |
seriousness
of the offense, because one or more of the factors | 278 |
under section
2929.12 of the Revised Code
indicating that the | 279 |
offender's conduct
is more serious than conduct normally | 280 |
constituting the offense are
present, and they outweigh the | 281 |
applicable
factors under that
section indicating that the | 282 |
offender's
conduct is
less serious
than conduct normally | 283 |
constituting the offense. | 284 |
(b) The court shall impose on an offender the longest prison | 285 |
term authorized or required for the offense and shall impose on | 286 |
the offender an additional definite prison term of one, two, | 287 |
three, four, five, six, seven, eight, nine, or ten years if all of | 288 |
the following criteria are met: | 289 |
(ii) The offender within the preceding twenty years has been | 293 |
convicted of or pleaded guilty to three or more offenses described | 294 |
in division (DD)(1) of section 2929.01 of the Revised Code, | 295 |
including all offenses described in that division of which the | 296 |
offender is convicted or to which the offender pleads guilty in | 297 |
the current prosecution and all offenses described in that | 298 |
division of which the offender previously has been convicted or to | 299 |
which the offender previously pleaded guilty, whether prosecuted | 300 |
together or separately. | 301 |
(iii) The offense or offenses of which the offender currently | 302 |
is convicted or to which the offender currently pleads guilty is | 303 |
aggravated murder and the court does not impose a sentence of | 304 |
death or life imprisonment without parole, murder, terrorism and | 305 |
the court does not impose a sentence of life imprisonment without | 306 |
parole, any felony of the first degree that is an offense of | 307 |
violence and the court does not impose a sentence of life | 308 |
imprisonment without parole, or any felony of the second degree | 309 |
that is an offense of violence and the trier of fact finds that | 310 |
the offense involved an attempt to cause or a threat to cause | 311 |
serious physical harm to a person or resulted in serious physical | 312 |
harm to a person. | 313 |
(3)(a) Except when an offender commits a
violation of
section | 327 |
2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 328 |
the
violation is life imprisonment or commits a
violation of | 329 |
section
2903.02 of the Revised Code, if the offender
commits a | 330 |
violation of section 2925.03 or 2925.11 of
the Revised
Code and | 331 |
that section classifies the offender as a major drug
offender and | 332 |
requires the
imposition of a ten-year prison term on
the offender, | 333 |
if
the offender commits a felony violation of
section 2925.02, | 334 |
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 335 |
4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 336 |
division
(C) of section 4729.51, or division (J)
of section | 337 |
4729.54
of the Revised Code that includes the sale,
offer to sell, | 338 |
or possession of a schedule
I or II controlled
substance, with the | 339 |
exception of
marihuana, and the
court imposing
sentence upon the | 340 |
offender finds
that the offender is guilty of a
specification of | 341 |
the type
described in section 2941.1410 of the
Revised Code | 342 |
charging
that the offender is a
major drug offender,
if the court | 343 |
imposing sentence upon an offender for
a felony
finds
that the | 344 |
offender is guilty
of corrupt activity with the
most
serious | 345 |
offense in the pattern
of corrupt activity being a
felony
of the | 346 |
first degree, or if the offender is guilty of
an attempted | 347 |
violation of section 2907.02 of the Revised Code and, had the | 348 |
offender completed the violation of section 2907.02 of the Revised | 349 |
Code that was attempted, the offender would have been subject to a | 350 |
sentence of life imprisonment or life imprisonment without parole | 351 |
for the violation of section 2907.02 of the Revised Code, the | 352 |
court shall
impose upon
the offender for the felony violation a | 353 |
ten-year
prison term that
cannot be reduced pursuant to section | 354 |
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 355 |
(b) The court imposing a prison term on an
offender under | 356 |
division (D)(3)(a) of this
section may impose an additional prison | 357 |
term of one, two, three,
four, five, six, seven, eight, nine, or | 358 |
ten years, if the court,
with respect to the term imposed under | 359 |
division
(D)(3)(a) of this section and, if
applicable, divisions | 360 |
(D)(1) and (2) of this section,
makes both of the findings set | 361 |
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 362 |
(4) If the offender is being sentenced for a third or fourth | 363 |
degree felony
OVI offense under division (G)(2) of section
2929.13 | 364 |
of the Revised
Code,
the sentencing court shall impose
upon the | 365 |
offender a mandatory prison term in
accordance with that
division. | 366 |
In addition to the mandatory prison term, if the offender is being | 367 |
sentenced for a fourth degree felony OVI offense, the court, | 368 |
notwithstanding division (A)(4) of this section, may sentence the | 369 |
offender to a definite prison term of not less than six months and | 370 |
not more than thirty months, and if the offender is being | 371 |
sentenced for a third degree felony OVI offense, the
sentencing | 372 |
court may sentence the offender to an additional prison
term of | 373 |
any
duration specified in division (A)(3) of this section. In | 374 |
either case, the additional prison term imposed shall be reduced | 375 |
by the sixty or one
hundred twenty days imposed upon the
offender | 376 |
as the mandatory prison term.
The total of the
additional prison | 377 |
term imposed under division (D)(4) of this
section
plus the sixty | 378 |
or one hundred twenty days imposed as the
mandatory prison term | 379 |
shall equal a definite term in the range of six months to thirty | 380 |
months for a fourth degree felony OVI offense and shall equal one | 381 |
of
the authorized prison
terms specified in division (A)(3) of | 382 |
this section for a third degree felony OVI offense. If
the court | 383 |
imposes an additional prison term under division (D)(4) of this | 384 |
section, the offender shall serve the additional prison term after | 385 |
the
offender has served the mandatory prison term required for the | 386 |
offense. In addition to the mandatory prison term or mandatory and | 387 |
additional prison term imposed as described in division (D)(4) of | 388 |
this section, the
court also may sentence the offender to a | 389 |
community
control sanction under
section 2929.16 or 2929.17 of the | 390 |
Revised
Code, but the offender shall serve all of the prison terms | 391 |
so imposed prior to serving the community control sanction. | 392 |
(5) If an offender is convicted of or pleads guilty to a | 398 |
violation of division (A)(1) or (2) of section 2903.06 of the | 399 |
Revised Code and also is convicted of or pleads guilty to a | 400 |
specification of the type described in section 2941.1414 of the | 401 |
Revised Code that charges that the victim of the offense is a | 402 |
peace officer, as defined in section 2935.01 of the Revised Code, | 403 |
or an investigator of the bureau of criminal identification and | 404 |
investigation, as defined in section 2903.11 of the Revised Code, | 405 |
the court shall impose on the offender a prison term of five | 406 |
years. If a court imposes a prison term on an offender under | 407 |
division (D)(5) of this section, the prison term shall not be | 408 |
reduced pursuant to section 2929.20, section 2967.193, or any | 409 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 410 |
Code. A court shall not impose more than one prison term on an | 411 |
offender under division (D)(5) of this section for felonies | 412 |
committed as part of the same act. | 413 |
(6) If an offender is convicted of or pleads guilty to a | 414 |
violation of division (A)(1) or (2) of section 2903.06 of the | 415 |
Revised Code and also is convicted of or pleads guilty to a | 416 |
specification of the type described in section 2941.1415 of the | 417 |
Revised Code that charges that the offender previously has been | 418 |
convicted of or pleaded guilty to three or more violations of | 419 |
division (A)
or (B) of section 4511.19 of the Revised Code or an | 420 |
equivalent
offense, as defined in section 2941.1415 of the Revised | 421 |
Code, or three or more violations of any combination of those | 422 |
divisions and offenses, the
court shall impose on the offender a | 423 |
prison term of three years.
If a court imposes a prison term on an | 424 |
offender under division
(D)(6) of this section, the prison term | 425 |
shall not be reduced
pursuant to section 2929.20, section | 426 |
2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 427 |
of the Revised Code.
A
court shall not impose more than one prison | 428 |
term on an offender
under division (D)(6) of this section for | 429 |
felonies committed as
part of the same act. | 430 |
(E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 431 |
mandatory prison term
is imposed
upon an offender pursuant to | 432 |
division (D)(1)(a) of this
section for having a firearm on or | 433 |
about the offender's person or under the
offender's
control while | 434 |
committing a felony, if a mandatory prison term
is imposed
upon an | 435 |
offender pursuant to division (D)(1)(c) of
this section for | 436 |
committing a felony specified in that division by discharging
a | 437 |
firearm from a motor vehicle, or if both types of mandatory prison | 438 |
terms
are imposed, the offender shall serve
any mandatory prison | 439 |
term
imposed under either division
consecutively to any other | 440 |
mandatory prison term imposed under either division
or under | 441 |
division (D)(1)(d) of this
section,
consecutively to and prior to | 442 |
any prison term
imposed for the underlying felony pursuant to | 443 |
division (A),
(D)(2), or (D)(3) of this section or any other | 444 |
section of the Revised Code, and consecutively to any other prison | 445 |
term
or
mandatory prison term previously or subsequently imposed | 446 |
upon the
offender. | 447 |
(b) If a mandatory prison term is imposed upon an offender | 448 |
pursuant to division (D)(1)(d) of this section for
wearing or | 449 |
carrying body armor while committing an offense of violence that | 450 |
is a felony,
the offender shall serve the mandatory
term so | 451 |
imposed consecutively to any other mandatory prison term
imposed | 452 |
under that division or under division (D)(1)(a)
or (c) of
this | 453 |
section, consecutively to and prior to any prison term imposed for | 454 |
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 455 |
this section or any other section of the Revised Code, and | 456 |
consecutively to any other
prison term or mandatory prison term | 457 |
previously or subsequently
imposed upon the offender. | 458 |
(c) If a mandatory prison term is imposed upon an offender | 459 |
pursuant to division (D)(1)(f) of this section, the offender shall | 460 |
serve the mandatory prison term so imposed consecutively to and | 461 |
prior to any prison term imposed for the underlying felony under | 462 |
division (A), (D)(2), or (D)(3) of this section or any other | 463 |
section of the Revised Code, and consecutively to any other prison | 464 |
term or mandatory prison term previously or subsequently imposed | 465 |
upon the offender. | 466 |
(2) If an offender who is an inmate in a jail, prison,
or | 467 |
other residential detention facility violates section 2917.02, | 468 |
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 469 |
who is under detention at a detention facility commits a felony | 470 |
violation of section 2923.131 of the Revised Code, or if an | 471 |
offender who is an
inmate in a jail, prison, or other residential | 472 |
detention facility or is under
detention at a detention facility | 473 |
commits another felony while the offender is
an
escapee in | 474 |
violation of
section 2921.34 of the Revised Code, any prison
term | 475 |
imposed upon the offender for one of those violations
shall be | 476 |
served by the offender consecutively to the prison term or term of | 477 |
imprisonment the offender
was serving when the offender committed | 478 |
that offense and to any other prison
term previously or | 479 |
subsequently imposed upon the offender. | 480 |
(3) If a prison term is imposed for a violation of division | 481 |
(B) of section 2911.01 of the Revised
Code, a violation of | 482 |
division (A) of section 2913.02 of the Revised Code in which the | 483 |
stolen property is a firearm or dangerous ordnance, or a felony | 484 |
violation of division
(B) of section 2921.331
of the Revised Code, | 485 |
the offender shall serve that
prison term
consecutively to any | 486 |
other prison term or mandatory prison term
previously or | 487 |
subsequently
imposed upon the offender. | 488 |
(4) If multiple prison terms are imposed on an offender
for | 489 |
convictions of multiple offenses, the court may require the | 490 |
offender to serve the prison terms consecutively if the court | 491 |
finds that the consecutive service is necessary to protect the | 492 |
public from future crime or to punish the offender and that | 493 |
consecutive sentences are not disproportionate to the seriousness | 494 |
of the
offender's conduct and to the danger the offender
poses to | 495 |
the public, and if the court also finds any
of the following: | 496 |
(5) If a mandatory prison term is imposed upon an offender | 511 |
pursuant to division (D)(5) or (6) of this section, the offender | 512 |
shall serve the mandatory prison term consecutively to and prior | 513 |
to any prison term imposed for the underlying violation of | 514 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 515 |
pursuant to division (A) of this section or section 2929.142 of | 516 |
the Revised Code. If a mandatory prison
term is imposed upon an | 517 |
offender pursuant to division (D)(5) of
this section, and if a | 518 |
mandatory prison term also is imposed upon
the offender pursuant | 519 |
to division (D)(6) of this section in
relation to the same | 520 |
violation, the offender shall serve the
mandatory prison term | 521 |
imposed pursuant to division (D)(5) of this
section consecutively | 522 |
to and prior to the mandatory prison term
imposed pursuant to | 523 |
division (D)(6) of this section and
consecutively to and prior to | 524 |
any prison term imposed for the
underlying violation of division | 525 |
(A)(1) or (2) of section 2903.06
of the Revised Code pursuant to | 526 |
division (A) of this section or section 2929.142 of the Revised | 527 |
Code. | 528 |
(F)(1) If a court imposes a prison term for a felony of the | 533 |
first degree, for a felony of the second degree, for a felony sex | 534 |
offense, or for a felony of the third degree that is not a felony | 535 |
sex offense and in the commission of which the offender caused or | 536 |
threatened to cause physical harm to a person, it shall
include in | 537 |
the sentence a
requirement that the offender be subject
to a | 538 |
period of
post-release control after the offender's release
from | 539 |
imprisonment, in
accordance with that division. If a court imposes | 540 |
a sentence including a prison term of a type described in this | 541 |
division on or after July 11, 2006, the failure of a court to | 542 |
include a post-release control requirement in the sentence | 543 |
pursuant to this division does not negate, limit, or otherwise | 544 |
affect the mandatory period of post-release control that is | 545 |
required for the offender under division (B) of section 2967.28 of | 546 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 547 |
prior to July 11, 2006, a court imposed a sentence including a | 548 |
prison term of a type described in this division and failed to | 549 |
include in the sentence pursuant to this division a statement | 550 |
regarding post-release control. | 551 |
(2) If a court
imposes a prison term
for a felony of the | 552 |
third, fourth, or fifth degree that is not subject to division | 553 |
(F)(1) of this section, it
shall include in the sentence a | 554 |
requirement that the
offender be
subject to a period of | 555 |
post-release control after the
offender's release
from | 556 |
imprisonment, in accordance with that
division, if the
parole | 557 |
board determines that a period of
post-release control is | 558 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 559 |
to July 11, 2006, a court imposed a sentence including a prison | 560 |
term of a type described in this division and failed to include in | 561 |
the sentence pursuant to this division a statement regarding | 562 |
post-release control. | 563 |
(2) A person is convicted of or pleads guilty to a violation | 574 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 575 |
committed on or after January
2, 2007, and either the court does | 576 |
not impose a sentence of life
without parole when authorized | 577 |
pursuant to division (B) of section
2907.02 of the Revised Code, | 578 |
or division (B) of section 2907.02 of
the Revised Code provides | 579 |
that the court shall not sentence the
offender pursuant to | 580 |
section 2971.03 of the Revised Code. | 581 |
(5) A person is convicted of or pleads guilty to aggravated | 590 |
murder committed on or after
January 1, 2008,
and division | 591 |
(A)(2)(b)(ii) of section 2929.022,
division
(A)(1)(e), | 592 |
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),
(D)(3)(a)(iv),
or | 593 |
(E)(1)(d) of section 2929.03, or division (A)
or (B) of section | 594 |
2929.06 of the Revised Code requires the court
to sentence the | 595 |
offender pursuant to division (B)(3) of section
2971.03 of the | 596 |
Revised Code. | 597 |
(H) If a person who has been convicted of or pleaded guilty | 603 |
to a felony is
sentenced to a prison term or term of imprisonment | 604 |
under this section,
sections 2929.02 to 2929.06 of the Revised | 605 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 606 |
Revised Code, or any other provision
of law, section 5120.163 of | 607 |
the Revised
Code applies regarding the
person while the person is | 608 |
confined in a state
correctional
institution. | 609 |
(I) If an offender who is convicted of or pleads guilty to a | 610 |
felony that is an offense of violence
also is convicted of or | 611 |
pleads guilty to a specification of the
type described in section | 612 |
2941.142 of the
Revised Code that charges the offender with having | 613 |
committed
the felony while participating in a criminal gang, the | 614 |
court shall impose upon
the offender an additional prison term of | 615 |
one, two, or three years. | 616 |
(J)(1) If an offender who is convicted of or pleads guilty to | 617 |
aggravated murder, murder, or a
felony of the first, second, or | 618 |
third degree that is an
offense of violence also is convicted of | 619 |
or pleads guilty to a
specification of the type described in | 620 |
section 2941.143 of the
Revised
Code that charges the offender | 621 |
with having committed the offense in a school safety
zone or | 622 |
towards a person in a school safety zone, the court shall impose | 623 |
upon the offender an additional prison term of two years. The | 624 |
offender shall
serve the additional two years consecutively to and | 625 |
prior to the prison term
imposed for the underlying offense. | 626 |
(ii) If the offender previously has been convicted of or | 636 |
pleaded guilty to one or more felony or misdemeanor violations of | 637 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 638 |
Revised Code and also was convicted of or pleaded guilty to a | 639 |
specification of the type described in section 2941.1421 of the | 640 |
Revised Code regarding one or more of those violations, an | 641 |
additional prison term of one, two, three, four, five, six, seven, | 642 |
eight, nine, ten, eleven, or twelve months. | 643 |
(b) In lieu of imposing an additional prison term under | 644 |
division (J)(2)(a) of this section, the court may directly impose | 645 |
on the offender a sanction that requires the offender to wear a | 646 |
real-time processing, continual tracking electronic monitoring | 647 |
device during the period of time specified by the court. The | 648 |
period of time specified by the court shall equal the duration of | 649 |
an additional prison term that the court could have imposed upon | 650 |
the offender under division (J)(2)(a) of this section. A sanction | 651 |
imposed under this division shall commence on the date specified | 652 |
by the court, provided that the sanction shall not commence until | 653 |
after the offender has served the prison term imposed for the | 654 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 655 |
of the Revised Code and any residential sanction imposed for the | 656 |
violation under section 2929.16 of the Revised Code. A sanction | 657 |
imposed under this division shall be considered to be a community | 658 |
control sanction for purposes of section 2929.15 of the Revised | 659 |
Code, and all provisions of the Revised Code that pertain to | 660 |
community control sanctions shall apply to a sanction imposed | 661 |
under this division, except to the extent that they would by their | 662 |
nature be clearly inapplicable. The offender shall pay all costs | 663 |
associated with a sanction imposed under this division, including | 664 |
the cost of the use of the monitoring device. | 665 |
(K) At the time of sentencing, the court
may recommend the | 666 |
offender for
placement in a program of shock incarceration
under | 667 |
section 5120.031 of the Revised Code or for
placement
in an | 668 |
intensive program prison
under
section 5120.032 of the Revised | 669 |
Code, disapprove placement of the
offender in a program of shock | 670 |
incarceration or
an intensive
program
prison
of that nature, or | 671 |
make
no recommendation on placement of
the offender.
In no case | 672 |
shall
the department of rehabilitation and correction place the | 673 |
offender
in a program or prison of that nature unless the | 674 |
department
determines as specified in section 5120.031 or 5120.032 | 675 |
of the
Revised Code, whichever is applicable, that the offender is | 676 |
eligible for the placement. | 677 |
If the court does not make a recommendation under this | 694 |
division with
respect to an
offender
and if the
department | 695 |
determines as specified in section 5120.031 or 5120.032
of the | 696 |
Revised Code, whichever is applicable, that the offender is | 697 |
eligible for placement in a program or prison of that nature, the | 698 |
department shall screen the offender and
determine if there is an | 699 |
available program of shock incarceration or an
intensive program | 700 |
prison for which the offender is suited. If there is an
available | 701 |
program of shock incarceration or an intensive program prison for | 702 |
which the offender is suited, the department shall notify the | 703 |
court of the
proposed placement of the offender
as specified in | 704 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 705 |
with the notice a brief
description of the placement. The court | 706 |
shall have ten days from receipt of
the notice to disapprove the | 707 |
placement. | 708 |
(a) The offender is charged with a violent sex offense, and | 717 |
the indictment, count in the
indictment, or information charging | 718 |
the violent sex offense
also includes a specification that the | 719 |
offender is a sexually
violent predator, or the offender is | 720 |
charged with a designated homicide, assault, or kidnapping | 721 |
offense, and the indictment, count in the indictment, or | 722 |
information charging the designated homicide, assault, or | 723 |
kidnapping offense also includes both a specification of the type | 724 |
described in section 2941.147 of the Revised Code and a | 725 |
specification that the offender is a sexually violent predator. | 726 |
(e) The offender is convicted of or pleads guilty to | 743 |
aggravated murder and to a specification of the type described in | 744 |
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) | 745 |
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), | 746 |
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section | 747 |
2929.03, or division (A) or (B) of section 2929.06 of the Revised | 748 |
Code requires a court to sentence the offender pursuant to | 749 |
division (B)(3) of section 2971.03 of the Revised Code. | 750 |
Sec. 2971.03. (A) Notwithstanding divisions (A),
(B), (C), | 775 |
and (F) of section 2929.14, section
2929.02, 2929.03, 2929.06, | 776 |
2929.13, or another section of the
Revised Code, other than | 777 |
divisions (D) and
(E) of section 2929.14 of the Revised Code, that | 778 |
authorizes or
requires a specified prison term or a mandatory | 779 |
prison term
for a person who is convicted of or pleads guilty
to a | 780 |
felony or that specifies the manner and place of service of
a | 781 |
prison term or term of imprisonment, the court shall
impose a | 782 |
sentence upon a person who is convicted of or pleads
guilty to a | 783 |
violent sex offense and who also is convicted of or
pleads guilty | 784 |
to a sexually violent predator specification that
was included in | 785 |
the indictment, count in the indictment, or
information charging | 786 |
that offense, and upon a person who is convicted of or pleads | 787 |
guilty to a designated homicide, assault, or kidnapping offense | 788 |
and also is convicted of or pleads guilty to both a sexual | 789 |
motivation specification and a sexually violent predator | 790 |
specification that were included in the indictment, count in the | 791 |
indictment, or information charging that offense, as follows: | 792 |
(1) If the offense for which the sentence is being imposed is | 793 |
aggravated murder and if the court does not
impose upon the | 794 |
offender a sentence of death, it shall impose
upon the offender a | 795 |
term of life imprisonment without
parole. If the court sentences | 796 |
the offender to death and
the sentence of death is vacated, | 797 |
overturned, or otherwise set aside,
the court shall impose upon | 798 |
the offender a term of life
imprisonment without parole. | 799 |
(2) If the offense for which the sentence is being imposed is | 800 |
murder; or if the offense is rape committed in violation of | 801 |
division (A)(1)(b) of section 2907.02 of the Revised Code when the | 802 |
offender purposely compelled the victim to submit by force or | 803 |
threat of force, when the victim was less than ten years of age, | 804 |
when the offender previously has been convicted of or pleaded | 805 |
guilty to either rape committed in violation of that division or a | 806 |
violation of an existing or former law of this state, another | 807 |
state, or the United States that is substantially similar to | 808 |
division (A)(1)(b) of section 2907.02 of the Revised Code, or when | 809 |
the offender during or immediately after the commission of the | 810 |
rape caused serious physical harm to the victim; or if the offense | 811 |
is an offense other than aggravated murder or
murder for which a | 812 |
term of life imprisonment may be imposed, it shall impose
upon the | 813 |
offender a term of life imprisonment without parole. | 814 |
(3)(a) Except as otherwise provided in division (A)(3)(b), | 815 |
(c), (d), or (e) or (A)(4) of this
section, if the offense for | 816 |
which the sentence is being imposed is an offense other than | 817 |
aggravated murder, murder, or rape and other than
an offense for | 818 |
which a term of life imprisonment may be imposed, it shall
impose | 819 |
an
indefinite prison term consisting of a minimum term
fixed by | 820 |
the court from among the range of terms available as a
definite | 821 |
term for the offense, but not less than two years, and a maximum | 822 |
term
of life imprisonment. | 823 |
(i) If the kidnapping is committed on or after the effective | 828 |
date of this amendmentJanuary 1, 2008, and the victim of the | 829 |
offense is less than
thirteen years of age, except as otherwise | 830 |
provided in this
division, it shall impose an indefinite prison | 831 |
term consisting of
a minimum term of fifteen years and a maximum | 832 |
term of life
imprisonment. If the kidnapping is committed on or | 833 |
after the
effective date of this amendmentJanuary 1, 2008, the | 834 |
victim of the offense is
less than thirteen years of age, and the | 835 |
offender released the
victim in a safe place unharmed, it shall | 836 |
impose an indefinite
prison term consisting of a minimum term of | 837 |
ten years and a
maximum term of life imprisonment. | 838 |
(ii) If the rape is committed prior to January 2, 2007, or | 861 |
the rape is committed on or
after January 2, 2007, other
than in | 862 |
violation of division (A)(1)(b) of section 2907.02 of the
Revised | 863 |
Code, it shall impose an indefinite prison term consisting
of a | 864 |
minimum term fixed by the court that is not less than ten
years, | 865 |
and a maximum term of
life imprisonment. | 866 |
(4) For any offense for which the sentence is being imposed, | 892 |
if the offender previously has been convicted of or
pleaded guilty | 893 |
to a violent sex offense and also to a sexually violent
predator | 894 |
specification that was included in the indictment, count in the | 895 |
indictment, or information charging that offense, or previously | 896 |
has been convicted of or pleaded guilty to a designated homicide, | 897 |
assault, or kidnapping offense and also to both a sexual | 898 |
motivation specification and a sexually violent predator | 899 |
specification that were included in the indictment, count in the | 900 |
indictment, or information charging that offense, it shall impose | 901 |
upon the
offender a term of life imprisonment without parole. | 902 |
(B)(1) Notwithstanding section 2929.13, division (A), (B), | 903 |
(C), or (F) of section 2929.14, or another section of the Revised | 904 |
Code other than division (B) of section 2907.02 or divisions (D) | 905 |
and (E) of section 2929.14 of the Revised Code that authorizes or | 906 |
requires a specified prison term or a mandatory prison term for a | 907 |
person who is convicted of or pleads guilty to a felony or that | 908 |
specifies the manner and place of service of a prison term or term | 909 |
of imprisonment, if a person is convicted of or pleads guilty to a | 910 |
violation of division (A)(1)(b) of section 2907.02 of the Revised | 911 |
Code committed on or after
January 2, 2007, if division (A) of | 912 |
this section does not apply
regarding the person, and if the | 913 |
court does not impose a sentence
of life without parole when | 914 |
authorized pursuant to division (B) of
section 2907.02 of the | 915 |
Revised Code, the court shall impose upon
the person an | 916 |
indefinite prison term consisting of one of the
following: | 917 |
(c) If the offender purposely compels the victim to submit by | 923 |
force or threat of force, or if the offender previously has been | 924 |
convicted of or pleaded guilty to violating division (A)(1)(b) of | 925 |
section 2907.02 of the Revised Code or to violating an existing or | 926 |
former law of this state, another state, or the United States that | 927 |
is substantially similar to division (A)(1)(b) of that section, or | 928 |
if the offender during or immediately after the commission of the | 929 |
offense caused serious physical harm to the victim, a minimum term | 930 |
of twenty-five years and a maximum of life imprisonment. | 931 |
(2) Notwithstanding section 2929.13, division (A), (B), (C), | 932 |
or (F) of section 2929.14, or another section of the Revised Code | 933 |
other than divisions (D) and (E) of section 2929.14 of the Revised | 934 |
Code that authorizes or requires a specified prison term or a | 935 |
mandatory prison term for a person who is convicted of or pleads | 936 |
guilty to a felony or that specifies the manner and place of | 937 |
service of a prison term or term of imprisonment and except as | 938 |
otherwise provided in division (B) of section 2907.02 of the | 939 |
Revised Code, if a person is convicted of or pleads guilty to | 940 |
attempted rape committed on or after January 2, 2007, and if | 941 |
division (A) of this section
does not apply regarding the person, | 942 |
the court shall impose upon
the person an indefinite prison term | 943 |
consisting of one of the
following: | 944 |
(3) Notwithstanding section 2929.13, division (A), (B), (C), | 960 |
or (F) of section 2929.14, or another section of the Revised Code | 961 |
other than divisions (D) and (E) of section 2929.14 of the Revised | 962 |
Code that authorizes or requires a specified prison term or a | 963 |
mandatory prison term for a person who is convicted of or pleads | 964 |
guilty to a felony or that specifies the manner and place of | 965 |
service of a prison term or term of imprisonment, if a person is | 966 |
convicted of or pleads guilty to an offense described in division | 967 |
(B)(3)(a), (b), (c), or (d) of this section committed on or after | 968 |
the effective date of this amendmentJanuary 1, 2008, if the | 969 |
person also is
convicted of or pleads guilty to a sexual | 970 |
motivation specification
that was included in the indictment, | 971 |
count in the indictment, or
information charging that offense, | 972 |
and if division (A) of this
section does not apply regarding the | 973 |
person, the court shall
impose upon the person an indefinite | 974 |
prison term consisting of one
of the following: | 975 |
(c) An indefinite term consisting of a minimum of thirty | 986 |
years and a maximum term of life imprisonment if the offense for | 987 |
which the sentence is being imposed is aggravated murder, when the | 988 |
victim of the offense is less than thirteen years of age, a | 989 |
sentence of death or life imprisonment without parole is not | 990 |
imposed for the offense, and division (A)(2)(b)(ii) of section | 991 |
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), | 992 |
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or | 993 |
division (A) or (B) of section 2929.06 of the Revised Code | 994 |
requires that the sentence for the offense be imposed pursuant to | 995 |
this division; | 996 |
(C)(1) If the offender is sentenced to a prison term
pursuant | 1004 |
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 1005 |
(c), or (B)(3)(a), (b), (c), or (d) of this
section, the parole | 1006 |
board shall have control over the offender's
service of the term | 1007 |
during the entire term unless the parole
board terminates its | 1008 |
control in accordance with section 2971.04
of the Revised Code. | 1009 |
(3) For a prison term imposed pursuant to division (A)(3), | 1016 |
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), | 1017 |
(c), or (d) of this
section, the court, in accordance with section | 1018 |
2971.05 of the Revised Code,
may terminate the prison term or | 1019 |
modify the requirement that the offender
serve the entire term in | 1020 |
a state correctional institution
if all of the following apply: | 1021 |
(D) If a court sentences an offender
to a prison term or term | 1040 |
of life imprisonment without parole pursuant to
division (A) of | 1041 |
this section and the court also imposes on the offender one or | 1042 |
more additional prison terms pursuant to division
(D) of section | 1043 |
2929.14 of the Revised Code, all of the additional prison terms | 1044 |
shall be served consecutively with, and prior to,
the prison term | 1045 |
or term of life imprisonment without parole imposed upon the | 1046 |
offender pursuant to division (A) of this section. | 1047 |
(E) If the offender is convicted of or
pleads guilty to two | 1048 |
or more offenses for which a prison term or term of life | 1049 |
imprisonment without parole is
required to be imposed pursuant to | 1050 |
division (A) of this
section, divisions (A) to (D) of this section | 1051 |
shall be applied for each offense. All minimum terms
imposed upon | 1052 |
the offender pursuant to division
(A)(3) or (B) of this section | 1053 |
for those offenses shall be
aggregated and served consecutively, | 1054 |
as if they were a single
minimum term imposed under that division. | 1055 |
(F)(1) If an offender is convicted of or pleads guilty to a | 1056 |
violent sex
offense and
also is convicted of or pleads guilty to a | 1057 |
sexually violent
predator specification that was included in the | 1058 |
indictment,
count in the indictment, or information charging that | 1059 |
offense, or is convicted of or pleads guilty to a designated | 1060 |
homicide, assault, or kidnapping offense and also is convicted of | 1061 |
or pleads guilty to both a sexual motivation specification and a | 1062 |
sexually violent predator specification that were included in the | 1063 |
indictment, count in the indictment, or information charging that | 1064 |
offense, the conviction of or plea of guilty to the offense and | 1065 |
the sexually violent predator
specification automatically | 1066 |
classifies the offender as a tier III sex
offender/child-victim | 1067 |
offender for purposes of Chapter 2950. of
the Revised Code. | 1068 |
(2) If an offender is convicted of or pleads guilty to | 1069 |
committing on or after
January 2, 2007, a violation of division | 1070 |
(A)(1)(b) of section
2907.02 of the Revised Code and either the | 1071 |
offender is sentenced
under section 2971.03 of the Revised Code | 1072 |
or a sentence of life
without parole is imposed under division | 1073 |
(B) of section 2907.02 of
the Revised Code, the conviction of or | 1074 |
plea of guilty to the
offense automatically classifies the | 1075 |
offender as a
tier III sex offender/child-victim offender for | 1076 |
purposes of
Chapter 2950. of the Revised Code. | 1077 |
(3) If a person is convicted of or pleads guilty to | 1078 |
committing on or after
January 2, 2007, attempted rape and also | 1079 |
is convicted of or pleads
guilty to a specification of the type | 1080 |
described in section
2941.1418, 2941.1419, or 2941.1420 of the | 1081 |
Revised Code, the
conviction of or plea of guilty to the offense | 1082 |
and the
specification automatically classify the offender as a | 1083 |
tier III sex offender/child-victim offender for purposes
of | 1084 |
Chapter 2950. of the Revised Code. | 1085 |
(4) If a person is convicted of or pleads guilty to one of | 1086 |
the offenses described in division (B)(3)(a), (b), (c), or (d) of | 1087 |
this section and a sexual motivation specification related to the | 1088 |
offense and the victim of the offense is less than thirteen years | 1089 |
of age, the conviction of or plea of guilty to the offense | 1090 |
automatically classifies the offender as a tier III sex | 1091 |
offender/child-victim offender for purposes of Chapter 2950. of | 1092 |
the Revised Code. | 1093 |
(3) The offender is convicted of or pleads guilty to a | 1107 |
violation of division (A)(1)(b) of section 2907.02 of the Revised | 1108 |
Code committed on or after
January 2, 2007, and the court does | 1109 |
not sentence the offender to a
term of life without parole | 1110 |
pursuant to division (B) of section
2907.02 of the Revised Code | 1111 |
or division (B) of that section
prohibits the court from | 1112 |
sentencing the offender pursuant to
section 2971.03 of the | 1113 |
Revised Code. | 1114 |
(6) The offender is convicted of or pleads guilty to | 1127 |
aggravated murder and also is convicted of or pleads guilty to a | 1128 |
sexual motivation specification that was included in the | 1129 |
indictment, count in the indictment, or information charging that | 1130 |
offense, and division (A)(2)(b)(ii) of section 2929.022, division | 1131 |
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), | 1132 |
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section | 1133 |
2929.06 of the Revised Code requires a court to sentence the | 1134 |
offender pursuant to division (B)(3) of section 2971.03 of the | 1135 |
Revised Code. | 1136 |
(C) If an offender is sentenced to a prison term under | 1151 |
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), | 1152 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised | 1153 |
Code and if, pursuant to section 2971.05 of the Revised
Code, the | 1154 |
court modifies
the
requirement that the offender serve
the entire | 1155 |
prison term in a state correctional institution or
places the | 1156 |
offender on conditional release that involves the
placement of | 1157 |
the offender
under the supervision of the adult
parole authority, | 1158 |
authorized field officers
of the authority who
are engaged within | 1159 |
the scope of their supervisory duties
or
responsibilities may | 1160 |
search, with or without a warrant, the person
of the
offender, | 1161 |
the place of residence of the offender, and a
motor vehicle, | 1162 |
another
item of tangible or intangible personal
property, or any | 1163 |
other real property
in which the offender has the
express or | 1164 |
implied permission of a person with a
right, title, or
interest | 1165 |
to use, occupy, or possess if the field officer has
reasonable | 1166 |
grounds to believe that the offender is not abiding by
the law or | 1167 |
otherwise is not complying with the terms and
conditions of the | 1168 |
offender's
modification or release. The
authority shall provide | 1169 |
each offender with a
written notice that
informs the offender | 1170 |
that authorized field officers of the
authority who are engaged | 1171 |
within the scope of their supervisory
duties or
responsibilities | 1172 |
may conduct those types of searches
during the period of the | 1173 |
modification or release if they have
reasonable grounds to | 1174 |
believe that the
offender is not abiding by
the law or otherwise | 1175 |
is not complying with the
terms and
conditions of the offender's | 1176 |
modification or release. | 1177 |
(e) A criminal offender who is convicted of or pleads guilty | 1203 |
to aggravated murder and also is convicted of or pleads guilty to | 1204 |
a sexual motivation specification that was included in the | 1205 |
indictment, count in the indictment, or information charging that | 1206 |
offense, and who pursuant to division (A)(2)(b)(ii) of section | 1207 |
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), | 1208 |
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or | 1209 |
division (A) or (B) of section 2929.06 of the Revised Code is | 1210 |
sentenced pursuant to division (B)(3) of section 2971.03 of the | 1211 |
Revised Code; | 1212 |
(2) When the department is requested by the parole board or | 1220 |
the court to
provide a risk assessment report of the offender | 1221 |
under section 2971.04 or
2971.05 of the Revised Code, it shall | 1222 |
assess the offender
and complete the assessment as soon as | 1223 |
possible after
the offender has commenced serving the prison term | 1224 |
or term of life
imprisonment without parole imposed
under division | 1225 |
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or | 1226 |
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 1227 |
Code. Thereafter, the
department shall update a risk assessment | 1228 |
report pertaining to
an offender as follows: | 1229 |
(b) Upon the request of the parole board for use in | 1233 |
determining
pursuant to section 2971.04 of the Revised Code | 1234 |
whether it should terminate
its control over an offender's service | 1235 |
of a prison term imposed upon
the offender under division (A)(3), | 1236 |
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), | 1237 |
(b), (c), or (d) of section 2971.03 of the Revised Code; | 1238 |
(a) The parole board for its use in determining pursuant to | 1249 |
section 2971.04 of the Revised Code whether it
should terminate | 1250 |
its control over an offender's
service of a prison term imposed | 1251 |
upon the offender under division
(A)(3), (B)(1)(a), (b), or (c),
| 1252 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section | 1253 |
2971.03 of the Revised Code, if the parole board has not | 1254 |
terminated its control over the offender; | 1255 |
(b) The court for use in determining, pursuant to section | 1256 |
2971.05
of the Revised Code, whether to modify the requirement | 1257 |
that the offender serve
the entire prison term
imposed upon the | 1258 |
offender under division (A)(3), (B)(1)(a), (b), or (c), | 1259 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 1260 |
2971.03
of the Revised Code in a state correctional institution, | 1261 |
whether to revise any
modification previously made, or whether to | 1262 |
terminate the prison term; | 1263 |
(B) When the department of rehabilitation and correction | 1267 |
provides a risk assessment report regarding an offender to the | 1268 |
parole board or court pursuant to division
(A)(4)(a) or (b) of | 1269 |
this section, the department,
prior to the parole board's or | 1270 |
court's hearing, also shall
provide to the offender or to the | 1271 |
offender's attorney of record
a copy of the report and a copy of | 1272 |
any other relevant documents
the department possesses regarding | 1273 |
the offender that the
department does not consider to be | 1274 |
confidential. | 1275 |
Section 4. Section 2929.14 of the Revised Code is
presented | 1292 |
in
this act as a composite of the section as amended by
both Sub. | 1293 |
S.B. 184 and Sub. S.B. 220 of
the 127th General
Assembly. The | 1294 |
General Assembly, applying the
principle stated in
division (B) | 1295 |
of section 1.52 of the Revised
Code that amendments
are to be | 1296 |
harmonized if reasonably capable of
simultaneous
operation, finds | 1297 |
that the composite is the resulting
version of
the section in | 1298 |
effect prior to the effective date of
the section
as presented in | 1299 |
this act. | 1300 |