Bill Text: OH HB542 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To permit a sentencing court to order an offender to reimburse a county, township, municipal corporation, or state law enforcement agency for funds expended by the law enforcement agency to purchase a drug, controlled substance, or controlled substance analog from the offender during the agency's investigation of a drug offense.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2014-12-04 - Committee Report [HB542 Detail]

Download: Ohio-2013-HB542-Comm_Sub.html

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As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 542

Representative Barborak 

Cosponsors: Representatives Butler, Rogers, Stinziano, Celebrezze 

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A BILL

To amend sections 2929.01, 2929.18, and 2929.28 of

1

the Revised Code to permit a sentencing court to

2

order an offender to reimburse a county, township,

3

municipal corporation, or state law enforcement

4

agency for funds expended by the law enforcement

5

agency to purchase a drug, controlled substance,

6

or controlled substance analog from the offender

7

during the agency's investigation of a drug

8

offense.

9

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

Section 1.  That sections 2929.01, 2929.18, and 2929.28 of	10
the Revised Code be amended to read as follows:	11

Sec. 2929.01.  As used in this chapter:

12

(A)(1) "Alternative residential facility" means, subject to	13
division (A)(2) of this section, any facility other than an	14
offender's home or residence in which an offender is assigned to	15
live and that satisfies all of the following criteria:	16

(a) It provides programs through which the offender may seek	17
or maintain employment or may receive education, training,	18
treatment, or habilitation.	19

(b) It has received the appropriate license or certificate	20
for any specialized education, training, treatment, habilitation,	21
or other service that it provides from the government agency that	22
is responsible for licensing or certifying that type of education,	23
training, treatment, habilitation, or service.	24

(2) "Alternative residential facility" does not include a	25
community-based correctional facility, jail, halfway house, or	26
prison.	27

(B) "Basic probation supervision" means a requirement that	28
the offender maintain contact with a person appointed to supervise	29
the offender in accordance with sanctions imposed by the court or	30
imposed by the parole board pursuant to section 2967.28 of the	31
Revised Code. "Basic probation supervision" includes basic parole	32
supervision and basic post-release control supervision.	33

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	34
same meanings as in section 2925.01 of the Revised Code.	35

(D) "Community-based correctional facility" means a	36
community-based correctional facility and program or district	37
community-based correctional facility and program developed	38
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	39

(E) "Community control sanction" means a sanction that is not	40
a prison term and that is described in section 2929.15, 2929.16,	41
2929.17, or 2929.18 of the Revised Code or a sanction that is not	42
a jail term and that is described in section 2929.26, 2929.27, or	43
2929.28 of the Revised Code. "Community control sanction" includes	44
probation if the sentence involved was imposed for a felony that	45
was committed prior to July 1, 1996, or if the sentence involved	46
was imposed for a misdemeanor that was committed prior to January	47
1, 2004.	48

(F) "Controlled substance," "controlled substance analog,"	49
"marihuana," "schedule I," and "schedule II" have the same	50
meanings as in section 3719.01 of the Revised Code.	51

(G) "Curfew" means a requirement that an offender during a	52
specified period of time be at a designated place.	53

(H) "Day reporting" means a sanction pursuant to which an	54
offender is required each day to report to and leave a center or	55
other approved reporting location at specified times in order to	56
participate in work, education or training, treatment, and other	57
approved programs at the center or outside the center.	58

(I) "Deadly weapon" has the same meaning as in section	59
2923.11 of the Revised Code.	60

(J) "Drug and alcohol use monitoring" means a program under	61
which an offender agrees to submit to random chemical analysis of	62
the offender's blood, breath, or urine to determine whether the	63
offender has ingested any alcohol or other drugs.	64

(K) "Drug treatment program" means any program under which a	65
person undergoes assessment and treatment designed to reduce or	66
completely eliminate the person's physical or emotional reliance	67
upon alcohol, another drug, or alcohol and another drug and under	68
which the person may be required to receive assessment and	69
treatment on an outpatient basis or may be required to reside at a	70
facility other than the person's home or residence while	71
undergoing assessment and treatment.	72

(L) "Economic loss" means any economic detriment suffered by	73
a victim as a direct and proximate result of the commission of an	74
offense and includes any loss of income due to lost time at work	75
because of any injury caused to the victim, and any property loss,	76
medical cost, or funeral expense incurred as a result of the	77
commission of the offense. "Economic loss" does not include	78
non-economic loss or any punitive or exemplary damages.	79

(M) "Education or training" includes study at, or in	80
conjunction with a program offered by, a university, college, or	81
technical college or vocational study and also includes the	82
completion of primary school, secondary school, and literacy	83
curricula or their equivalent.	84

(N) "Firearm" has the same meaning as in section 2923.11 of	85
the Revised Code.	86

(O) "Halfway house" means a facility licensed by the division	87
of parole and community services of the department of	88
rehabilitation and correction pursuant to section 2967.14 of the	89
Revised Code as a suitable facility for the care and treatment of	90
adult offenders.	91

(P) "House arrest" means a period of confinement of an	92
offender that is in the offender's home or in other premises	93
specified by the sentencing court or by the parole board pursuant	94
to section 2967.28 of the Revised Code and during which all of the	95
following apply:	96

(1) The offender is required to remain in the offender's home	97
or other specified premises for the specified period of	98
confinement, except for periods of time during which the offender	99
is at the offender's place of employment or at other premises as	100
authorized by the sentencing court or by the parole board.	101

(2) The offender is required to report periodically to a	102
person designated by the court or parole board.	103

(3) The offender is subject to any other restrictions and	104
requirements that may be imposed by the sentencing court or by the	105
parole board.	106

(Q) "Intensive probation supervision" means a requirement	107
that an offender maintain frequent contact with a person appointed	108
by the court, or by the parole board pursuant to section 2967.28	109
of the Revised Code, to supervise the offender while the offender	110
is seeking or maintaining necessary employment and participating	111
in training, education, and treatment programs as required in the	112
court's or parole board's order. "Intensive probation supervision"	113
includes intensive parole supervision and intensive post-release	114
control supervision.	115

(R) "Jail" means a jail, workhouse, minimum security jail, or	116
other residential facility used for the confinement of alleged or	117
convicted offenders that is operated by a political subdivision or	118
a combination of political subdivisions of this state.	119

(S) "Jail term" means the term in a jail that a sentencing	120
court imposes or is authorized to impose pursuant to section	121
2929.24 or 2929.25 of the Revised Code or pursuant to any other	122
provision of the Revised Code that authorizes a term in a jail for	123
a misdemeanor conviction.	124

(T) "Mandatory jail term" means the term in a jail that a	125
sentencing court is required to impose pursuant to division (G) of	126
section 1547.99 of the Revised Code, division (E) of section	127
2903.06 or division (D) of section 2903.08 of the Revised Code,	128
division (E) or (G) of section 2929.24 of the Revised Code,	129
division (B) of section 4510.14 of the Revised Code, or division	130
(G) of section 4511.19 of the Revised Code or pursuant to any	131
other provision of the Revised Code that requires a term in a jail	132
for a misdemeanor conviction.	133

(U) "Delinquent child" has the same meaning as in section	134
2152.02 of the Revised Code.	135

(V) "License violation report" means a report that is made by	136
a sentencing court, or by the parole board pursuant to section	137
2967.28 of the Revised Code, to the regulatory or licensing board	138
or agency that issued an offender a professional license or a	139
license or permit to do business in this state and that specifies	140
that the offender has been convicted of or pleaded guilty to an	141
offense that may violate the conditions under which the offender's	142
professional license or license or permit to do business in this	143
state was granted or an offense for which the offender's	144
professional license or license or permit to do business in this	145
state may be revoked or suspended.	146

(W) "Major drug offender" means an offender who is convicted	147
of or pleads guilty to the possession of, sale of, or offer to	148
sell any drug, compound, mixture, preparation, or substance that	149
consists of or contains at least one thousand grams of hashish; at	150
least one hundred grams of cocaine; at least two thousand five	151
hundred unit doses or two hundred fifty grams of heroin; at least	152
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	153
in a liquid concentrate, liquid extract, or liquid distillate	154
form; at least fifty grams of a controlled substance analog; or at	155
least one hundred times the amount of any other schedule I or II	156
controlled substance other than marihuana that is necessary to	157
commit a felony of the third degree pursuant to section 2925.03,	158
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	159
the possession of, sale of, or offer to sell the controlled	160
substance.	161

(X) "Mandatory prison term" means any of the following:

162

(1) Subject to division (X)(2) of this section, the term in	163
prison that must be imposed for the offenses or circumstances set	164
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	165
2929.13 and division (B) of section 2929.14 of the Revised Code.	166
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	167
and 2925.11 of the Revised Code, unless the maximum or another	168
specific term is required under section 2929.14 or 2929.142 of the	169
Revised Code, a mandatory prison term described in this division	170
may be any prison term authorized for the level of offense.	171

(2) The term of sixty or one hundred twenty days in prison	172
that a sentencing court is required to impose for a third or	173
fourth degree felony OVI offense pursuant to division (G)(2) of	174
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	175
of the Revised Code or the term of one, two, three, four, or five	176
years in prison that a sentencing court is required to impose	177
pursuant to division (G)(2) of section 2929.13 of the Revised	178
Code.	179

(3) The term in prison imposed pursuant to division (A) of	180
section 2971.03 of the Revised Code for the offenses and in the	181
circumstances described in division (F)(11) of section 2929.13 of	182
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	183
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	184
2971.03 of the Revised Code and that term as modified or	185
terminated pursuant to section 2971.05 of the Revised Code.	186

(Y) "Monitored time" means a period of time during which an	187
offender continues to be under the control of the sentencing court	188
or parole board, subject to no conditions other than leading a	189
law-abiding life.	190

(Z) "Offender" means a person who, in this state, is	191
convicted of or pleads guilty to a felony or a misdemeanor.	192

(AA) "Prison" means a residential facility used for the	193
confinement of convicted felony offenders that is under the	194
control of the department of rehabilitation and correction but	195
does not include a violation sanction center operated under	196
authority of section 2967.141 of the Revised Code.	197

(BB) "Prison term" includes either of the following sanctions	198
for an offender:	199

(1) A stated prison term;

200

(2) A term in a prison shortened by, or with the approval of,	201
the sentencing court pursuant to section 2929.143, 2929.20,	202
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	203

(CC) "Repeat violent offender" means a person about whom both	204
of the following apply:	205

(1) The person is being sentenced for committing or for	206
complicity in committing any of the following:	207

(a) Aggravated murder, murder, any felony of the first or	208
second degree that is an offense of violence, or an attempt to	209
commit any of these offenses if the attempt is a felony of the	210
first or second degree;	211

(b) An offense under an existing or former law of this state,	212
another state, or the United States that is or was substantially	213
equivalent to an offense described in division (CC)(1)(a) of this	214
section.	215

(2) The person previously was convicted of or pleaded guilty	216
to an offense described in division (CC)(1)(a) or (b) of this	217
section.	218

(DD) "Sanction" means any penalty imposed upon an offender	219
who is convicted of or pleads guilty to an offense, as punishment	220
for the offense. "Sanction" includes any sanction imposed pursuant	221
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	222
2929.28 of the Revised Code.	223

(EE) "Sentence" means the sanction or combination of	224
sanctions imposed by the sentencing court on an offender who is	225
convicted of or pleads guilty to an offense.	226

(FF) "Stated prison term" means the prison term, mandatory	227
prison term, or combination of all prison terms and mandatory	228
prison terms imposed by the sentencing court pursuant to section	229
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	230
2919.25 of the Revised Code. "Stated prison term" includes any	231
credit received by the offender for time spent in jail awaiting	232
trial, sentencing, or transfer to prison for the offense and any	233
time spent under house arrest or house arrest with electronic	234
monitoring imposed after earning credits pursuant to section	235
2967.193 of the Revised Code. If an offender is serving a prison	236
term as a risk reduction sentence under sections 2929.143 and	237
5120.036 of the Revised Code, "stated prison term" includes any	238
period of time by which the prison term imposed upon the offender	239
is shortened by the offender's successful completion of all	240
assessment and treatment or programming pursuant to those	241
sections.	242

(GG) "Victim-offender mediation" means a reconciliation or	243
mediation program that involves an offender and the victim of the	244
offense committed by the offender and that includes a meeting in	245
which the offender and the victim may discuss the offense, discuss	246
restitution, and consider other sanctions for the offense.	247

(HH) "Fourth degree felony OVI offense" means a violation of	248
division (A) of section 4511.19 of the Revised Code that, under	249
division (G) of that section, is a felony of the fourth degree.	250

(II) "Mandatory term of local incarceration" means the term	251
of sixty or one hundred twenty days in a jail, a community-based	252
correctional facility, a halfway house, or an alternative	253
residential facility that a sentencing court may impose upon a	254
person who is convicted of or pleads guilty to a fourth degree	255
felony OVI offense pursuant to division (G)(1) of section 2929.13	256
of the Revised Code and division (G)(1)(d) or (e) of section	257
4511.19 of the Revised Code.	258

(JJ) "Designated homicide, assault, or kidnapping offense,"	259
"violent sex offense," "sexual motivation specification,"	260
"sexually violent offense," "sexually violent predator," and	261
"sexually violent predator specification" have the same meanings	262
as in section 2971.01 of the Revised Code.	263

(KK) "Sexually oriented offense," "child-victim oriented	264
offense," and "tier III sex offender/child-victim offender" have	265
the same meanings as in section 2950.01 of the Revised Code.	266

(LL) An offense is "committed in the vicinity of a child" if	267
the offender commits the offense within thirty feet of or within	268
the same residential unit as a child who is under eighteen years	269
of age, regardless of whether the offender knows the age of the	270
child or whether the offender knows the offense is being committed	271
within thirty feet of or within the same residential unit as the	272
child and regardless of whether the child actually views the	273
commission of the offense.	274

(MM) "Family or household member" has the same meaning as in	275
section 2919.25 of the Revised Code.	276

(NN) "Motor vehicle" and "manufactured home" have the same	277
meanings as in section 4501.01 of the Revised Code.	278

(OO) "Detention" and "detention facility" have the same	279
meanings as in section 2921.01 of the Revised Code.	280

(PP) "Third degree felony OVI offense" means a violation of	281
division (A) of section 4511.19 of the Revised Code that, under	282
division (G) of that section, is a felony of the third degree.	283

(QQ) "Random drug testing" has the same meaning as in section	284
5120.63 of the Revised Code.	285

(RR) "Felony sex offense" has the same meaning as in section	286
2967.28 of the Revised Code.	287

(SS) "Body armor" has the same meaning as in section	288
2941.1411 of the Revised Code.	289

(TT) "Electronic monitoring" means monitoring through the use	290
of an electronic monitoring device.	291

(UU) "Electronic monitoring device" means any of the	292
following:	293

(1) Any device that can be operated by electrical or battery	294
power and that conforms with all of the following:	295

(a) The device has a transmitter that can be attached to a	296
person, that will transmit a specified signal to a receiver of the	297
type described in division (UU)(1)(b) of this section if the	298
transmitter is removed from the person, turned off, or altered in	299
any manner without prior court approval in relation to electronic	300
monitoring or without prior approval of the department of	301
rehabilitation and correction in relation to the use of an	302
electronic monitoring device for an inmate on transitional control	303
or otherwise is tampered with, that can transmit continuously and	304
periodically a signal to that receiver when the person is within a	305
specified distance from the receiver, and that can transmit an	306
appropriate signal to that receiver if the person to whom it is	307
attached travels a specified distance from that receiver.	308

(b) The device has a receiver that can receive continuously	309
the signals transmitted by a transmitter of the type described in	310
division (UU)(1)(a) of this section, can transmit continuously	311
those signals by a wireless or landline telephone connection to a	312
central monitoring computer of the type described in division	313
(UU)(1)(c) of this section, and can transmit continuously an	314
appropriate signal to that central monitoring computer if the	315
device has been turned off or altered without prior court approval	316
or otherwise tampered with. The device is designed specifically	317
for use in electronic monitoring, is not a converted wireless	318
phone or another tracking device that is clearly not designed for	319
electronic monitoring, and provides a means of text-based or voice	320
communication with the person.	321

(c) The device has a central monitoring computer that can	322
receive continuously the signals transmitted by a wireless or	323
landline telephone connection by a receiver of the type described	324
in division (UU)(1)(b) of this section and can monitor	325
continuously the person to whom an electronic monitoring device of	326
the type described in division (UU)(1)(a) of this section is	327
attached.	328

(2) Any device that is not a device of the type described in	329
division (UU)(1) of this section and that conforms with all of the	330
following:	331

(a) The device includes a transmitter and receiver that can	332
monitor and determine the location of a subject person at any	333
time, or at a designated point in time, through the use of a	334
central monitoring computer or through other electronic means.	335

(b) The device includes a transmitter and receiver that can	336
determine at any time, or at a designated point in time, through	337
the use of a central monitoring computer or other electronic means	338
the fact that the transmitter is turned off or altered in any	339
manner without prior approval of the court in relation to the	340
electronic monitoring or without prior approval of the department	341
of rehabilitation and correction in relation to the use of an	342
electronic monitoring device for an inmate on transitional control	343
or otherwise is tampered with.	344

(3) Any type of technology that can adequately track or	345
determine the location of a subject person at any time and that is	346
approved by the director of rehabilitation and correction,	347
including, but not limited to, any satellite technology, voice	348
tracking system, or retinal scanning system that is so approved.	349

(VV) "Non-economic loss" means nonpecuniary harm suffered by	350
a victim of an offense as a result of or related to the commission	351
of the offense, including, but not limited to, pain and suffering;	352
loss of society, consortium, companionship, care, assistance,	353
attention, protection, advice, guidance, counsel, instruction,	354
training, or education; mental anguish; and any other intangible	355
loss.	356

(WW) "Prosecutor" has the same meaning as in section 2935.01	357
of the Revised Code.	358

(XX) "Continuous alcohol monitoring" means the ability to	359
automatically test and periodically transmit alcohol consumption	360
levels and tamper attempts at least every hour, regardless of the	361
location of the person who is being monitored.	362

(YY) A person is "adjudicated a sexually violent predator" if	363
the person is convicted of or pleads guilty to a violent sex	364
offense and also is convicted of or pleads guilty to a sexually	365
violent predator specification that was included in the	366
indictment, count in the indictment, or information charging that	367
violent sex offense or if the person is convicted of or pleads	368
guilty to a designated homicide, assault, or kidnapping offense	369
and also is convicted of or pleads guilty to both a sexual	370
motivation specification and a sexually violent predator	371
specification that were included in the indictment, count in the	372
indictment, or information charging that designated homicide,	373
assault, or kidnapping offense.	374

(ZZ) An offense is "committed in proximity to a school" if	375
the offender commits the offense in a school safety zone or within	376
five hundred feet of any school building or the boundaries of any	377
school premises, regardless of whether the offender knows the	378
offense is being committed in a school safety zone or within five	379
hundred feet of any school building or the boundaries of any	380
school premises.	381

(AAA) "Human trafficking" means a scheme or plan to which all	382
of the following apply:	383

(1) Its object is to subject a victim or victims to	384
involuntary servitude, as defined in section 2905.31 of the	385
Revised Code, to compel a victim or victims to engage in sexual	386
activity for hire, to engage in a performance that is obscene,	387
sexually oriented, or nudity oriented, or to be a model or	388
participant in the production of material that is obscene,	389
sexually oriented, or nudity oriented.	390

(2) It involves at least two felony offenses, whether or not	391
there has been a prior conviction for any of the felony offenses,	392
to which all of the following apply:	393

(a) Each of the felony offenses is a violation of section	394
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	395
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	396
(4), or (5) of section 2919.22 of the Revised Code or is a	397
violation of a law of any state other than this state that is	398
substantially similar to any of the sections or divisions of the	399
Revised Code identified in this division.	400

(b) At least one of the felony offenses was committed in this	401
state.	402

(c) The felony offenses are related to the same scheme or	403
plan and are not isolated instances.	404

(BBB) "Material," "nudity," "obscene," "performance," and	405
"sexual activity" have the same meanings as in section 2907.01 of	406
the Revised Code.	407

(CCC) "Material that is obscene, sexually oriented, or nudity	408
oriented" means any material that is obscene, that shows a person	409
participating or engaging in sexual activity, masturbation, or	410
bestiality, or that shows a person in a state of nudity.	411

(DDD) "Performance that is obscene, sexually oriented, or	412
nudity oriented" means any performance that is obscene, that shows	413
a person participating or engaging in sexual activity,	414
masturbation, or bestiality, or that shows a person in a state of	415
nudity.	416

(EEE) "Drug" has the same meaning as in section 4729.01 of	417
the Revised Code.	418

Sec. 2929.18.  (A) Except as otherwise provided in this	419
division and in addition to imposing court costs pursuant to	420
section 2947.23 of the Revised Code, the court imposing a sentence	421
upon an offender for a felony may sentence the offender to any	422
financial sanction or combination of financial sanctions	423
authorized under this section or, in the circumstances specified	424
in section 2929.32 of the Revised Code, may impose upon the	425
offender a fine in accordance with that section. Financial	426
sanctions that may be imposed pursuant to this section include,	427
but are not limited to, the following:	428

(1) Restitution by the offender to the victim of the	429
offender's crime or any survivor of the victim, in an amount based	430
on the victim's economic loss. If the court imposes restitution,	431
the court shall order that the restitution be made to the victim	432
in open court, to the adult probation department that serves the	433
county on behalf of the victim, to the clerk of courts, or to	434
another agency designated by the court. If the court imposes	435
restitution, at sentencing, the court shall determine the amount	436
of restitution to be made by the offender. If the court imposes	437
restitution, the court may base the amount of restitution it	438
orders on an amount recommended by the victim, the offender, a	439
presentence investigation report, estimates or receipts indicating	440
the cost of repairing or replacing property, and other	441
information, provided that the amount the court orders as	442
restitution shall not exceed the amount of the economic loss	443
suffered by the victim as a direct and proximate result of the	444
commission of the offense. If the court decides to impose	445
restitution, the court shall hold a hearing on restitution if the	446
offender, victim, or survivor disputes the amount. All restitution	447
payments shall be credited against any recovery of economic loss	448
in a civil action brought by the victim or any survivor of the	449
victim against the offender.	450

If the court imposes restitution, the court may order that	451
the offender pay a surcharge of not more than five per cent of the	452
amount of the restitution otherwise ordered to the entity	453
responsible for collecting and processing restitution payments.	454

The victim or survivor may request that the prosecutor in the	455
case file a motion, or the offender may file a motion, for	456
modification of the payment terms of any restitution ordered. If	457
the court grants the motion, it may modify the payment terms as it	458
determines appropriate.	459

(2) Except as provided in division (B)(1), (3), or (4) of	460
this section, a fine payable by the offender to the state, to a	461
political subdivision, or as described in division (B)(2) of this	462
section to one or more law enforcement agencies, with the amount	463
of the fine based on a standard percentage of the offender's daily	464
income over a period of time determined by the court and based	465
upon the seriousness of the offense. A fine ordered under this	466
division shall not exceed the maximum conventional fine amount	467
authorized for the level of the offense under division (A)(3) of	468
this section.	469

(3) Except as provided in division (B)(1), (3), or (4) of	470
this section, a fine payable by the offender to the state, to a	471
political subdivision when appropriate for a felony, or as	472
described in division (B)(2) of this section to one or more law	473
enforcement agencies, in the following amount:	474

(a) For a felony of the first degree, not more than twenty	475
thousand dollars;	476

(b) For a felony of the second degree, not more than fifteen	477
thousand dollars;	478

(c) For a felony of the third degree, not more than ten	479
thousand dollars;	480

(d) For a felony of the fourth degree, not more than five	481
thousand dollars;	482

(e) For a felony of the fifth degree, not more than two	483
thousand five hundred dollars.	484

(4) A state fine or costs as defined in section 2949.111 of	485
the Revised Code.	486

(5)(a) Reimbursement by the offender of any or all of the	487
costs of sanctions incurred by the government, including the	488
following:	489

(i) All or part of the costs of implementing any community	490
control sanction, including a supervision fee under section	491
2951.021 of the Revised Code;	492

(ii) All or part of the costs of confinement under a sanction	493
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	494
Revised Code, provided that the amount of reimbursement ordered	495
under this division shall not exceed the total amount of	496
reimbursement the offender is able to pay as determined at a	497
hearing and shall not exceed the actual cost of the confinement;	498

(iii) All or part of the cost of purchasing and using an	499
immobilizing or disabling device, including a certified ignition	500
interlock device, or a remote alcohol monitoring device that a	501
court orders an offender to use under section 4510.13 of the	502
Revised Code.	503

(b) If the offender is sentenced to a sanction of confinement	504
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	505
to be served in a facility operated by a board of county	506
commissioners, a legislative authority of a municipal corporation,	507
or another local governmental entity, if, pursuant to section	508
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	509
or 2947.19 of the Revised Code and section 2929.37 of the Revised	510
Code, the board, legislative authority, or other local	511
governmental entity requires prisoners to reimburse the county,	512
municipal corporation, or other entity for its expenses incurred	513
by reason of the prisoner's confinement, and if the court does not	514
impose a financial sanction under division (A)(5)(a)(ii) of this	515
section, confinement costs may be assessed pursuant to section	516
2929.37 of the Revised Code. In addition, the offender may be	517
required to pay the fees specified in section 2929.38 of the	518
Revised Code in accordance with that section.	519

(c)(6) Reimbursement by the offender for costs pursuant to	520
section 2929.71 of the Revised Code.	521

(7) Reimbursement by the offender for any funds expended by a	522
county, township, municipal corporation, or state law enforcement	523
agency to purchase a drug, controlled substance, or controlled	524
substance analog from the offender during the agency's	525
investigation of a drug offense that is a violation of any	526
provision of Chapter 2925. of the Revised Code.	527

(B)(1) For a first, second, or third degree felony violation	528
of any provision of Chapter 2925., 3719., or 4729. of the Revised	529
Code, the sentencing court shall impose upon the offender a	530
mandatory fine of at least one-half of, but not more than, the	531
maximum statutory fine amount authorized for the level of the	532
offense pursuant to division (A)(3) of this section. If an	533
offender alleges in an affidavit filed with the court prior to	534
sentencing that the offender is indigent and unable to pay the	535
mandatory fine and if the court determines the offender is an	536
indigent person and is unable to pay the mandatory fine described	537
in this division, the court shall not impose the mandatory fine	538
upon the offender.	539

(2) Any mandatory fine imposed upon an offender under	540
division (B)(1) of this section and any fine imposed upon an	541
offender under division (A)(2) or (3) of this section for any	542
fourth or fifth degree felony violation of any provision of	543
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	544
to law enforcement agencies pursuant to division (F) of section	545
2925.03 of the Revised Code.	546

(3) For a fourth degree felony OVI offense and for a third	547
degree felony OVI offense, the sentencing court shall impose upon	548
the offender a mandatory fine in the amount specified in division	549
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	550
is applicable. The mandatory fine so imposed shall be disbursed as	551
provided in the division pursuant to which it is imposed.	552

(4) Notwithstanding any fine otherwise authorized or required	553
to be imposed under division (A)(2) or (3) or (B)(1) of this	554
section or section 2929.31 of the Revised Code for a violation of	555
section 2925.03 of the Revised Code, in addition to any penalty or	556
sanction imposed for that offense under section 2925.03 or	557
sections 2929.11 to 2929.18 of the Revised Code and in addition to	558
the forfeiture of property in connection with the offense as	559
prescribed in Chapter 2981. of the Revised Code, the court that	560
sentences an offender for a violation of section 2925.03 of the	561
Revised Code may impose upon the offender a fine in addition to	562
any fine imposed under division (A)(2) or (3) of this section and	563
in addition to any mandatory fine imposed under division (B)(1) of	564
this section. The fine imposed under division (B)(4) of this	565
section shall be used as provided in division (H) of section	566
2925.03 of the Revised Code. A fine imposed under division (B)(4)	567
of this section shall not exceed whichever of the following is	568
applicable:	569

(a) The total value of any personal or real property in which	570
the offender has an interest and that was used in the course of,	571
intended for use in the course of, derived from, or realized	572
through conduct in violation of section 2925.03 of the Revised	573
Code, including any property that constitutes proceeds derived	574
from that offense;	575

(b) If the offender has no interest in any property of the	576
type described in division (B)(4)(a) of this section or if it is	577
not possible to ascertain whether the offender has an interest in	578
any property of that type in which the offender may have an	579
interest, the amount of the mandatory fine for the offense imposed	580
under division (B)(1) of this section or, if no mandatory fine is	581
imposed under division (B)(1) of this section, the amount of the	582
fine authorized for the level of the offense imposed under	583
division (A)(3) of this section.	584

(5) Prior to imposing a fine under division (B)(4) of this	585
section, the court shall determine whether the offender has an	586
interest in any property of the type described in division	587
(B)(4)(a) of this section. Except as provided in division (B)(6)	588
or (7) of this section, a fine that is authorized and imposed	589
under division (B)(4) of this section does not limit or affect the	590
imposition of the penalties and sanctions for a violation of	591
section 2925.03 of the Revised Code prescribed under those	592
sections or sections 2929.11 to 2929.18 of the Revised Code and	593
does not limit or affect a forfeiture of property in connection	594
with the offense as prescribed in Chapter 2981. of the Revised	595
Code.	596

(6) If the sum total of a mandatory fine amount imposed for a	597
first, second, or third degree felony violation of section 2925.03	598
of the Revised Code under division (B)(1) of this section plus the	599
amount of any fine imposed under division (B)(4) of this section	600
does not exceed the maximum statutory fine amount authorized for	601
the level of the offense under division (A)(3) of this section or	602
section 2929.31 of the Revised Code, the court may impose a fine	603
for the offense in addition to the mandatory fine and the fine	604
imposed under division (B)(4) of this section. The sum total of	605
the amounts of the mandatory fine, the fine imposed under division	606
(B)(4) of this section, and the additional fine imposed under	607
division (B)(6) of this section shall not exceed the maximum	608
statutory fine amount authorized for the level of the offense	609
under division (A)(3) of this section or section 2929.31 of the	610
Revised Code. The clerk of the court shall pay any fine that is	611
imposed under division (B)(6) of this section to the county,	612
township, municipal corporation, park district as created pursuant	613
to section 511.18 or 1545.04 of the Revised Code, or state law	614
enforcement agencies in this state that primarily were responsible	615
for or involved in making the arrest of, and in prosecuting, the	616
offender pursuant to division (F) of section 2925.03 of the	617
Revised Code.	618

(7) If the sum total of the amount of a mandatory fine	619
imposed for a first, second, or third degree felony violation of	620
section 2925.03 of the Revised Code plus the amount of any fine	621
imposed under division (B)(4) of this section exceeds the maximum	622
statutory fine amount authorized for the level of the offense	623
under division (A)(3) of this section or section 2929.31 of the	624
Revised Code, the court shall not impose a fine under division	625
(B)(6) of this section.	626

(8)(a) If an offender who is convicted of or pleads guilty to	627
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	628
2923.32, division (A)(1) or (2) of section 2907.323, or division	629
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	630
Code also is convicted of or pleads guilty to a specification of	631
the type described in section 2941.1422 of the Revised Code that	632
charges that the offender knowingly committed the offense in	633
furtherance of human trafficking, the sentencing court shall	634
sentence the offender to a financial sanction of restitution by	635
the offender to the victim or any survivor of the victim, with the	636
restitution including the costs of housing, counseling, and	637
medical and legal assistance incurred by the victim as a direct	638
result of the offense and the greater of the following:	639

(i) The gross income or value to the offender of the victim's	640
labor or services;	641

(ii) The value of the victim's labor as guaranteed under the	642
minimum wage and overtime provisions of the "Federal Fair Labor	643
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state	644
labor laws.	645

(b) If a court imposing sentence upon an offender for a	646
felony is required to impose upon the offender a financial	647
sanction of restitution under division (B)(8)(a) of this section,	648
in addition to that financial sanction of restitution, the court	649
may sentence the offender to any other financial sanction or	650
combination of financial sanctions authorized under this section,	651
including a restitution sanction under division (A)(1) of this	652
section.	653

(9) In addition to any other fine that is or may be imposed	654
under this section, the court imposing sentence upon an offender	655
for a felony that is a sexually oriented offense or a child-victim	656
oriented offense, as those terms are defined in section 2950.01 of	657
the Revised Code, may impose a fine of not less than fifty nor	658
more than five hundred dollars.	659

(C)(1) The offender shall pay reimbursements imposed upon the	660
offender pursuant to division (A)(5)(a) of this section to pay the	661
costs incurred by the department of rehabilitation and correction	662
in operating a prison or other facility used to confine offenders	663
pursuant to sanctions imposed under section 2929.14, 2929.142, or	664
2929.16 of the Revised Code to the treasurer of state. The	665
treasurer of state shall deposit the reimbursements in the	666
confinement cost reimbursement fund that is hereby created in the	667
state treasury. The department of rehabilitation and correction	668
shall use the amounts deposited in the fund to fund the operation	669
of facilities used to confine offenders pursuant to sections	670
2929.14, 2929.142, and 2929.16 of the Revised Code.	671

(2) Except as provided in section 2951.021 of the Revised	672
Code, the offender shall pay reimbursements imposed upon the	673
offender pursuant to division (A)(5)(a) of this section to pay the	674
costs incurred by a county pursuant to any sanction imposed under	675
this section or section 2929.16 or 2929.17 of the Revised Code or	676
in operating a facility used to confine offenders pursuant to a	677
sanction imposed under section 2929.16 of the Revised Code to the	678
county treasurer. The county treasurer shall deposit the	679
reimbursements in the sanction cost reimbursement fund that each	680
board of county commissioners shall create in its county treasury.	681
The county shall use the amounts deposited in the fund to pay the	682
costs incurred by the county pursuant to any sanction imposed	683
under this section or section 2929.16 or 2929.17 of the Revised	684
Code or in operating a facility used to confine offenders pursuant	685
to a sanction imposed under section 2929.16 of the Revised Code.	686

(3) Except as provided in section 2951.021 of the Revised	687
Code, the offender shall pay reimbursements imposed upon the	688
offender pursuant to division (A)(5)(a) of this section to pay the	689
costs incurred by a municipal corporation pursuant to any sanction	690
imposed under this section or section 2929.16 or 2929.17 of the	691
Revised Code or in operating a facility used to confine offenders	692
pursuant to a sanction imposed under section 2929.16 of the	693
Revised Code to the treasurer of the municipal corporation. The	694
treasurer shall deposit the reimbursements in a special fund that	695
shall be established in the treasury of each municipal	696
corporation. The municipal corporation shall use the amounts	697
deposited in the fund to pay the costs incurred by the municipal	698
corporation pursuant to any sanction imposed under this section or	699
section 2929.16 or 2929.17 of the Revised Code or in operating a	700
facility used to confine offenders pursuant to a sanction imposed	701
under section 2929.16 of the Revised Code.	702

(4) Except as provided in section 2951.021 of the Revised	703
Code, the offender shall pay reimbursements imposed pursuant to	704
division (A)(5)(a) of this section for the costs incurred by a	705
private provider pursuant to a sanction imposed under this section	706
or section 2929.16 or 2929.17 of the Revised Code to the provider.	707

(D) Except as otherwise provided in this division, a	708
financial sanction imposed pursuant to division (A) or (B) of this	709
section is a judgment in favor of the state or a political	710
subdivision in which the court that imposed the financial sanction	711
is located, and the offender subject to the financial sanction is	712
the judgment debtor. A financial sanction of reimbursement imposed	713
pursuant to division (A)(5)(a)(ii) of this section upon an	714
offender who is incarcerated in a state facility or a municipal	715
jail is a judgment in favor of the state or the municipal	716
corporation, and the offender subject to the financial sanction is	717
the judgment debtor. A financial sanction of reimbursement imposed	718
upon an offender pursuant to division (A)(7) of this section is a	719
judgment in favor of the county, township, municipal corporation,	720
or state law enforcement agency, and the offender subject to the	721
financial sanction is the judgment debtor. A financial sanction of	722
reimbursement imposed upon an offender pursuant to this section	723
for costs incurred by a private provider of sanctions is a	724
judgment in favor of the private provider, and the offender	725
subject to the financial sanction is the judgment debtor. A	726
financial sanction of restitution imposed pursuant to division	727
(A)(1) or (B)(8) of this section is an order in favor of the	728
victim of the offender's criminal act that can be collected	729
through a certificate of judgment as described in division (D)(1)	730
of this section, through execution as described in division (D)(2)	731
of this section, or through an order as described in division	732
(D)(3) of this section, and the offender shall be considered for	733
purposes of the collection as the judgment debtor. Imposition of a	734
financial sanction and execution on the judgment does not preclude	735
any other power of the court to impose or enforce sanctions on the	736
offender. Once the financial sanction is imposed as a judgment or	737
order under this division, the victim, private provider, law	738
enforcement agency, state, or political subdivision may do any of	739
the following:	740

(1) Obtain from the clerk of the court in which the judgment	741
was entered a certificate of judgment that shall be in the same	742
manner and form as a certificate of judgment issued in a civil	743
action;	744

(2) Obtain execution of the judgment or order through any	745
available procedure, including:	746

(a) An execution against the property of the judgment debtor	747
under Chapter 2329. of the Revised Code;	748

(b) An execution against the person of the judgment debtor	749
under Chapter 2331. of the Revised Code;	750

(c) A proceeding in aid of execution under Chapter 2333. of	751
the Revised Code, including:	752

(i) A proceeding for the examination of the judgment debtor	753
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	754
of the Revised Code;	755

(ii) A proceeding for attachment of the person of the	756
judgment debtor under section 2333.28 of the Revised Code;	757

(iii) A creditor's suit under section 2333.01 of the Revised	758
Code.	759

(d) The attachment of the property of the judgment debtor	760
under Chapter 2715. of the Revised Code;	761

(e) The garnishment of the property of the judgment debtor	762
under Chapter 2716. of the Revised Code.	763

(3) Obtain an order for the assignment of wages of the	764
judgment debtor under section 1321.33 of the Revised Code.	765

(E) A court that imposes a financial sanction upon an	766
offender may hold a hearing if necessary to determine whether the	767
offender is able to pay the sanction or is likely in the future to	768
be able to pay it.	769

(F) Each court imposing a financial sanction upon an offender	770
under this section or under section 2929.32 of the Revised Code	771
may designate the clerk of the court or another person to collect	772
the financial sanction. The clerk or other person authorized by	773
law or the court to collect the financial sanction may enter into	774
contracts with one or more public agencies or private vendors for	775
the collection of, amounts due under the financial sanction	776
imposed pursuant to this section or section 2929.32 of the Revised	777
Code. Before entering into a contract for the collection of	778
amounts due from an offender pursuant to any financial sanction	779
imposed pursuant to this section or section 2929.32 of the Revised	780
Code, a court shall comply with sections 307.86 to 307.92 of the	781
Revised Code.	782

(G) If a court that imposes a financial sanction under	783
division (A) or (B) of this section finds that an offender	784
satisfactorily has completed all other sanctions imposed upon the	785
offender and that all restitution that has been ordered has been	786
paid as ordered, the court may suspend any financial sanctions	787
imposed pursuant to this section or section 2929.32 of the Revised	788
Code that have not been paid.	789

(H) No financial sanction imposed under this section or	790
section 2929.32 of the Revised Code shall preclude a victim from	791
bringing a civil action against the offender.	792

Sec. 2929.28.  (A) In addition to imposing court costs	793
pursuant to section 2947.23 of the Revised Code, the court	794
imposing a sentence upon an offender for a misdemeanor, including	795
a minor misdemeanor, may sentence the offender to any financial	796
sanction or combination of financial sanctions authorized under	797
this section. If the court in its discretion imposes one or more	798
financial sanctions, the financial sanctions that may be imposed	799
pursuant to this section include, but are not limited to, the	800
following:	801

(1) Unless the misdemeanor offense is a minor misdemeanor or	802
could be disposed of by the traffic violations bureau serving the	803
court under Traffic Rule 13, restitution by the offender to the	804
victim of the offender's crime or any survivor of the victim, in	805
an amount based on the victim's economic loss. The court may not	806
impose restitution as a sanction pursuant to this division if the	807
offense is a minor misdemeanor or could be disposed of by the	808
traffic violations bureau serving the court under Traffic Rule 13.	809
If the court requires restitution, the court shall order that the	810
restitution be made to the victim in open court or to the adult	811
probation department that serves the jurisdiction or the clerk of	812
the court on behalf of the victim.	813

If the court imposes restitution, the court shall determine	814
the amount of restitution to be paid by the offender. If the court	815
imposes restitution, the court may base the amount of restitution	816
it orders on an amount recommended by the victim, the offender, a	817
presentence investigation report, estimates or receipts indicating	818
the cost of repairing or replacing property, and other	819
information, provided that the amount the court orders as	820
restitution shall not exceed the amount of the economic loss	821
suffered by the victim as a direct and proximate result of the	822
commission of the offense. If the court decides to impose	823
restitution, the court shall hold an evidentiary hearing on	824
restitution if the offender, victim, or survivor disputes the	825
amount of restitution. If the court holds an evidentiary hearing,	826
at the hearing the victim or survivor has the burden to prove by a	827
preponderance of the evidence the amount of restitution sought	828
from the offender.	829

All restitution payments shall be credited against any	830
recovery of economic loss in a civil action brought by the victim	831
or any survivor of the victim against the offender. No person may	832
introduce evidence of an award of restitution under this section	833
in a civil action for purposes of imposing liability against an	834
insurer under section 3937.18 of the Revised Code.	835

If the court imposes restitution, the court may order that	836
the offender pay a surcharge, of not more than five per cent of	837
the amount of the restitution otherwise ordered, to the entity	838
responsible for collecting and processing restitution payments.	839

The victim or survivor may request that the prosecutor in the	840
case file a motion, or the offender may file a motion, for	841
modification of the payment terms of any restitution ordered. If	842
the court grants the motion, it may modify the payment terms as it	843
determines appropriate.	844

(2) A fine of the type described in divisions (A)(2)(a) and	845
(b) of this section payable to the appropriate entity as required	846
by law:	847

(a) A fine in the following amount:

848

(i) For a misdemeanor of the first degree, not more than one	849
thousand dollars;	850

(ii) For a misdemeanor of the second degree, not more than	851
seven hundred fifty dollars;	852

(iii) For a misdemeanor of the third degree, not more than	853
five hundred dollars;	854

(iv) For a misdemeanor of the fourth degree, not more than	855
two hundred fifty dollars;	856

(v) For a minor misdemeanor, not more than one hundred fifty	857
dollars.	858

(b) A state fine or cost as defined in section 2949.111 of	859
the Revised Code.	860

(3)(a) Reimbursement by the offender of any or all of the	861
costs of sanctions incurred by the government, including, but not	862
limited to, the following:	863

(i) All or part of the costs of implementing any community	864
control sanction, including a supervision fee under section	865
2951.021 of the Revised Code;	866

(ii) All or part of the costs of confinement in a jail or	867
other residential facility, including, but not limited to, a per	868
diem fee for room and board, the costs of medical and dental	869
treatment, and the costs of repairing property damaged by the	870
offender while confined;	871

(iii) All or part of the cost of purchasing and using an	872
immobilizing or disabling device, including a certified ignition	873
interlock device, or a remote alcohol monitoring device that a	874
court orders an offender to use under section 4510.13 of the	875
Revised Code.	876

(b) The amount of reimbursement ordered under division	877
(A)(3)(a) of this section shall not exceed the total amount of	878
reimbursement the offender is able to pay and shall not exceed the	879
actual cost of the sanctions. The court may collect any amount of	880
reimbursement the offender is required to pay under that division.	881
If the court does not order reimbursement under that division,	882
confinement costs may be assessed pursuant to a repayment policy	883
adopted under section 2929.37 of the Revised Code. In addition,	884
the offender may be required to pay the fees specified in section	885
2929.38 of the Revised Code in accordance with that section.	886

(4) Reimbursement by the offender for any funds expended by a	887
county, township, municipal corporation, or state law enforcement	888
agency to purchase a drug, controlled substance, or controlled	889
substance analog from the offender during the agency's	890
investigation of a drug offense that is a violation of any	891
provision of Chapter 2925. of the Revised Code.	892

(B) If the court determines a hearing is necessary, the court	893
may hold a hearing to determine whether the offender is able to	894
pay the financial sanction imposed pursuant to this section or	895
court costs or is likely in the future to be able to pay the	896
sanction or costs.	897

If the court determines that the offender is indigent and	898
unable to pay the financial sanction or court costs, the court	899
shall consider imposing and may impose a term of community service	900
under division (A) of section 2929.27 of the Revised Code in lieu	901
of imposing a financial sanction or court costs. If the court does	902
not determine that the offender is indigent, the court may impose	903
a term of community service under division (A) of section 2929.27	904
of the Revised Code in lieu of or in addition to imposing a	905
financial sanction under this section and in addition to imposing	906
court costs. The court may order community service for a minor	907
misdemeanor pursuant to division (D) of section 2929.27 of the	908
Revised Code in lieu of or in addition to imposing a financial	909
sanction under this section and in addition to imposing court	910
costs. If a person fails to pay a financial sanction or court	911
costs, the court may order community service in lieu of the	912
financial sanction or court costs.	913

(C)(1) The offender shall pay reimbursements imposed upon the	914
offender pursuant to division (A)(3) of this section to pay the	915
costs incurred by a county pursuant to any sanction imposed under	916
this section or section 2929.26 or 2929.27 of the Revised Code or	917
in operating a facility used to confine offenders pursuant to a	918
sanction imposed under section 2929.26 of the Revised Code to the	919
county treasurer. The county treasurer shall deposit the	920
reimbursements in the county's general fund. The county shall use	921
the amounts deposited in the fund to pay the costs incurred by the	922
county pursuant to any sanction imposed under this section or	923
section 2929.26 or 2929.27 of the Revised Code or in operating a	924
facility used to confine offenders pursuant to a sanction imposed	925
under section 2929.26 of the Revised Code.	926

(2) The offender shall pay reimbursements imposed upon the	927
offender pursuant to division (A)(3) of this section to pay the	928
costs incurred by a municipal corporation pursuant to any sanction	929
imposed under this section or section 2929.26 or 2929.27 of the	930
Revised Code or in operating a facility used to confine offenders	931
pursuant to a sanction imposed under section 2929.26 of the	932
Revised Code to the treasurer of the municipal corporation. The	933
treasurer shall deposit the reimbursements in the municipal	934
corporation's general fund. The municipal corporation shall use	935
the amounts deposited in the fund to pay the costs incurred by the	936
municipal corporation pursuant to any sanction imposed under this	937
section or section 2929.26 or 2929.27 of the Revised Code or in	938
operating a facility used to confine offenders pursuant to a	939
sanction imposed under section 2929.26 of the Revised Code.	940

(3) The offender shall pay reimbursements imposed pursuant to	941
division (A)(3) of this section for the costs incurred by a	942
private provider pursuant to a sanction imposed under this section	943
or section 2929.26 or 2929.27 of the Revised Code to the provider.	944

(D) Except as otherwise provided in this division, a	945
financial sanction imposed under division (A) of this section is a	946
judgment in favor of the state or the political subdivision that	947
operates the court that imposed the financial sanction, and the	948
offender subject to the financial sanction is the judgment debtor.	949
A financial sanction of reimbursement imposed pursuant to division	950
(A)(3)(a)(i) of this section upon an offender is a judgment in	951
favor of the entity administering the community control sanction,	952
and the offender subject to the financial sanction is the judgment	953
debtor. A financial sanction of reimbursement imposed pursuant to	954
division (A)(3)(a)(ii) of this section upon an offender confined	955
in a jail or other residential facility is a judgment in favor of	956
the entity operating the jail or other residential facility, and	957
the offender subject to the financial sanction is the judgment	958
debtor. A financial sanction of reimbursement imposed upon an	959
offender pursuant to division (A)(4) of this section is a judgment	960
in favor of the county, township, municipal corporation, or state	961
law enforcement agency, and the offender subject to the financial	962
sanction is the judgment debtor. A financial sanction of	963
restitution imposed pursuant to division (A)(1) of this section is	964
an order in favor of the victim of the offender's criminal act	965
that can be collected through a certificate of judgment as	966
described in division (D)(1) of this section, through execution as	967
described in division (D)(2) of this section, or through an order	968
as described in division (D)(3) of this section, and the offender	969
shall be considered for purposes of the collection as the judgment	970
debtor.	971

Once the financial sanction is imposed as a judgment or order	972
under this division, the victim, private provider, law enforcement	973
agency, state, or political subdivision may do any of the	974
following:	975

(1) Obtain from the clerk of the court in which the judgment	976
was entered a certificate of judgment that shall be in the same	977
manner and form as a certificate of judgment issued in a civil	978
action;	979

(2) Obtain execution of the judgment or order through any	980
available procedure, including any of the procedures identified in	981
divisions (D)(1) and (2) of section 2929.18 of the Revised Code.	982

(3) Obtain an order for the assignment of wages of the	983
judgment debtor under section 1321.33 of the Revised Code.	984

(E) The civil remedies authorized under division (D) of this	985
section for the collection of the financial sanction supplement,	986
but do not preclude, enforcement of the criminal sentence.	987

(F) Each court imposing a financial sanction upon an offender	988
under this section may designate the clerk of the court or another	989
person to collect the financial sanction. The clerk, or another	990
person authorized by law or the court to collect the financial	991
sanction may do the following:	992

(1) Enter into contracts with one or more public agencies or	993
private vendors for the collection of amounts due under the	994
sanction. Before entering into a contract for the collection of	995
amounts due from an offender pursuant to any financial sanction	996
imposed pursuant to this section, a court shall comply with	997
sections 307.86 to 307.92 of the Revised Code.	998

(2) Permit payment of all or any portion of the sanction in	999
installments, by financial transaction device if the court is a	1000
county court or a municipal court operated by a county, by credit	1001
or debit card or by another electronic transfer if the court is a	1002
municipal court not operated by a county, or by any other	1003
reasonable method, in any time, and on any terms that court	1004
considers just, except that the maximum time permitted for payment	1005
shall not exceed five years. If the court is a county court or a	1006
municipal court operated by a county, the acceptance of payments	1007
by any financial transaction device shall be governed by the	1008
policy adopted by the board of county commissioners of the county	1009
pursuant to section 301.28 of the Revised Code. If the court is a	1010
municipal court not operated by a county, the clerk may pay any	1011
fee associated with processing an electronic transfer out of	1012
public money or may charge the fee to the offender.	1013

(3) To defray administrative costs, charge a reasonable fee	1014
to an offender who elects a payment plan rather than a lump sum	1015
payment of any financial sanction.	1016

(G) No financial sanction imposed under this section shall	1017
preclude a victim from bringing a civil action against the	1018
offender.	1019

Section 2.  That existing sections 2929.01, 2929.18, and	1020
2929.28 of the Revised Code are hereby repealed.	1021