Bill Text: OH HB632 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require sentencing courts or, under certain conditions, to authorize sentencing courts, subject to specified restrictions, to directly impose a term in a drug treatment program in sentencing an offender for knowingly obtaining, possessing, or using a controlled substance or controlled substance analog or for possessing, with purpose to use, drug paraphernalia and to require juvenile courts, under certain conditions, to make an order of disposition placing a delinquent child who commits either of those acts in a drug treatment program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-10-08 - To Policy and Legislative Oversight [HB632 Detail]

Download: Ohio-2013-HB632-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 632

Representatives Beck, Milkovich 

Cosponsors: Representatives Rogers, Stebelton 

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A BILL

To amend sections 2152.16, 2152.19, 2925.11, 2929.13,

1

2929.15, 2929.19, and 2929.25 and to enact

2

sections 2152.161 and 2152.193 of the Revised Code

3

to require sentencing courts or, under certain

4

conditions, to authorize sentencing courts,

5

subject to specified restrictions, to directly

6

impose a term in a drug treatment program in

7

sentencing an offender for knowingly obtaining,

8

possessing, or using a controlled substance or

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controlled substance analog or for possessing,

10

with purpose to use, drug paraphernalia and to

11

require juvenile courts, under certain conditions,

12

to make an order of disposition placing a

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delinquent child who commits either of those acts

14

in a drug treatment program.

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

Section 1.  That sections 2152.16, 2152.19, 2925.11, 2929.13,	16
2929.15, 2929.19, and 2929.25 be amended and sections 2152.161 and	17
2152.193 of the Revised Code be enacted to read as follows:	18

Sec. 2152.16.  (A)(1) IfExcept as provided in section	19
2152.161 of the Revised Code, if a child is adjudicated a	20
delinquent child for committing an act that would be a felony if	21
committed by an adult, the juvenile court may commit the child to	22
the legal custody of the department of youth services for secure	23
confinement as follows:	24

(a) For an act that would be aggravated murder or murder if	25
committed by an adult, until the offender attains twenty-one years	26
of age;	27

(b) For a violation of section 2923.02 of the Revised Code	28
that involves an attempt to commit an act that would be aggravated	29
murder or murder if committed by an adult, a minimum period of six	30
to seven years as prescribed by the court and a maximum period not	31
to exceed the child's attainment of twenty-one years of age;	32

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	33
2911.01 or division (A) of section 2903.04 of the Revised Code or	34
for a violation of any provision of section 2907.02 of the Revised	35
Code other than division (A)(1)(b) of that section when the sexual	36
conduct or insertion involved was consensual and when the victim	37
of the violation of division (A)(1)(b) of that section was older	38
than the delinquent child, was the same age as the delinquent	39
child, or was less than three years younger than the delinquent	40
child, for an indefinite term consisting of a minimum period of	41
one to three years, as prescribed by the court, and a maximum	42
period not to exceed the child's attainment of twenty-one years of	43
age;	44

(d) If the child is adjudicated a delinquent child for	45
committing an act that is not described in division (A)(1)(b) or	46
(c) of this section and that would be a felony of the first or	47
second degree if committed by an adult, for an indefinite term	48
consisting of a minimum period of one year and a maximum period	49
not to exceed the child's attainment of twenty-one years of age.	50

(e) For committing an act that would be a felony of the	51
third, fourth, or fifth degree if committed by an adult or for a	52
violation of division (A) of section 2923.211 of the Revised Code,	53
for an indefinite term consisting of a minimum period of six	54
months and a maximum period not to exceed the child's attainment	55
of twenty-one years of age.	56

(2) In each case in which a court makes a disposition under	57
this section, the court retains control over the commitment for	58
the minimum period specified by the court in divisions (A)(1)(a)	59
to (e) of this section. During the minimum period, the department	60
of youth services shall not move the child to a nonsecure setting	61
without the permission of the court that imposed the disposition.	62

(B)(1) Subject to division (B)(2) of this section, if a	63
delinquent child is committed to the department of youth services	64
under this section, the department may release the child at any	65
time after the minimum period specified by the court in division	66
(A)(1) of this section ends.	67

(2) A commitment under this section is subject to a	68
supervised release or to a discharge of the child from the custody	69
of the department for medical reasons pursuant to section 5139.54	70
of the Revised Code, but, during the minimum period specified by	71
the court in division (A)(1) of this section, the department shall	72
obtain court approval of a supervised release or discharge under	73
that section.	74

(C) If a child is adjudicated a delinquent child, at the	75
dispositional hearing and prior to making any disposition pursuant	76
to this section, the court shall determine whether the delinquent	77
child previously has been adjudicated a delinquent child for a	78
violation of a law or ordinance. If the delinquent child	79
previously has been adjudicated a delinquent child for a violation	80
of a law or ordinance, the court, for purposes of entering an	81
order of disposition of the delinquent child under this section,	82
shall consider the previous delinquent child adjudication as a	83
conviction of a violation of the law or ordinance in determining	84
the degree of the offense the current act would be had it been	85
committed by an adult. This division also shall apply in relation	86
to the imposition of any financial sanction under section 2152.19	87
of the Revised Code.	88

Sec. 2152.161.  (A) If a juvenile court adjudicates a child a	89
delinquent child for committing an act that would be a felony	90
violation of section 2925.11 of the Revised Code if committed by	91
an adult, the juvenile court shall make an order of disposition	92
committing the delinquent child to a term in a drug treatment	93
program if all of the following apply:	94

(1) The act, if committed by an adult, would not require the	95
court to impose a mandatory prison term;	96

(2) The delinquent child has filed a motion with the juvenile	97
court that requests the juvenile court to make an order of	98
disposition committing the delinquent child to a term in a drug	99
treatment program;	100

(3) The juvenile court's order of disposition under this	101
division is the first or second order of disposition made by a	102
juvenile court for the delinquent child under this section.	103

(B) If a juvenile court adjudicates a child a delinquent	104
child for committing an act that would be a felony violation of	105
section 2925.11 of the Revised Code if committed by an adult and a	106
juvenile court has made an order of disposition committing the	107
delinquent child to a term in a drug treatment two or more times	108
under this section, and if all of the conditions set forth in	109
divisions (A)(1) and (2), and (3) of this section are applicable	110
to the act, the juvenile court, in the juvenile court's	111
discretion, may make an order of disposition committing the	112
delinquent child to a term in a drug treatment program. If the	113
juvenile court does not make an order of disposition committing	114
the delinquent child to a drug treatment program under this	115
division, the juvenile court may commit the delinquent child to	116
the custody of the department of youth services for secure	117
confinement under section 2152.16 of the Revised Code and may make	118
any other orders of disposition authorized or required by this	119
chapter.	120

(C) A juvenile court shall not make an order of disposition	121
committing a delinquent child to a drug treatment program under	122
division (A) or (B) of this section for a term that exceeds	123
eighteen months or that exceeds the child's attainment of	124
twenty-one years of age.	125

(D) At the time the juvenile court makes an order of	126
disposition committing a delinquent child to a drug treatment	127
program, the court shall notify the delinquent child that if the	128
delinquent child fails to complete the drug treatment program or	129
violates the drug treatment program's conditions for	130
participation, the juvenile court may issue an order of	131
disposition for the delinquent child under Chapter 2152. of the	132
Revised Code for the remainder of the term of the delinquent	133
child's commitment to the drug treatment program.	134

(E) The juvenile court shall not make an order of disposition	135
committing a delinquent child to a term in a drug treatment	136
program under this section if a juvenile court has imposed a	137
serious youthful offender dispositional sentence on the delinquent	138
child in the five years preceding the court's dispositional	139
hearing or if the child was adjudicated a delinquent child or	140
serious youthful offender for committing any of the following acts	141
during or in relation to the act that is subject to division (A)	142
or (B) of this section:	143

(1) An act that would constitute a felony offense if	144
committed by an adult;	145

(2) An act that would constitute an offense of violence if	146
committed by an adult;	147

(3) An act that would constitute a theft offense if committed	148
by an adult;	149

(4) An act that would constitute a violation of section	150
2925.03, 2925.04, 2925.041, 2925.05, or 4511.19 of the Revised	151
Code if committed by an adult.	152

(F) If a complaint is filed in a juvenile court that alleges	153
a child has committed two or more acts that would be a felony	154
violation of section 2925.11 of the Revised Code if committed by	155
an adult and the acts are both subject to disposition under	156
division (A) or (B) of this section, the acts shall be considered	157
a single act for purposes of divisions (A) and (B) of this	158
section.	159

(G) A juvenile court that commits a delinquent child to a	160
drug treatment program under division (A) or (B) of this section	161
retains jurisdiction over the delinquent child during the term of	162
the delinquent child's commitment.	163

(H) A person on the staff of a drug treatment program shall	164
notify the juvenile court if a delinquent child committed to the	165
drug treatment program fails to complete the drug treatment	166
program or violates the drug treatment program's conditions for	167
participation. After receiving the notice from the drug treatment	168
program, if the juvenile court finds upon further hearing that the	169
delinquent child has failed to comply with the court's order of	170
disposition, the juvenile court shall impose an order of	171
disposition for the delinquent child's act under Chapter 2152. of	172
the Revised Code for the remainder of the term of the delinquent	173
child's commitment to the drug treatment program.	174

(I) This section shall not prevent a juvenile court from	175
issuing an order of disposition or imposing a serious youthful	176
disposition sentence on the delinquent child, or from transferring	177
the delinquent child to another court pursuant to section 2152.12	178
of the Revised Code, for an act committed by the delinquent child	179
during the period of the delinquent child's commitment to a drug	180
treatment program.	181

(J) As used in this section, "theft offense" has the same	182
meaning as in section 2913.01 of the Revised Code.	183

Sec. 2152.19.  (A) IfExcept when a juvenile court is	184
required to make an order of disposition under section 2152.193 of	185
the Revised Code, if a child is adjudicated a delinquent child,	186
the court may make any of the following orders of disposition, in	187
addition to any other disposition authorized or required by this	188
chapter:	189

(1) Any order that is authorized by section 2151.353 of the	190
Revised Code for the care and protection of an abused, neglected,	191
or dependent child;	192

(2) Commit the child to the temporary custody of any school,	193
camp, institution, or other facility operated for the care of	194
delinquent children by the county, by a district organized under	195
section 2152.41 or 2151.65 of the Revised Code, or by a private	196
agency or organization, within or without the state, that is	197
authorized and qualified to provide the care, treatment, or	198
placement required, including, but not limited to, a school, camp,	199
or facility operated under section 2151.65 of the Revised Code;	200

(3) Place the child in a detention facility or district	201
detention facility operated under section 2152.41 of the Revised	202
Code, for up to ninety days;	203

(4) Place the child on community control under any sanctions,	204
services, and conditions that the court prescribes. As a condition	205
of community control in every case and in addition to any other	206
condition that it imposes upon the child, the court shall require	207
the child to abide by the law during the period of community	208
control. As referred to in this division, community control	209
includes, but is not limited to, the following sanctions and	210
conditions:	211

(a) A period of basic probation supervision in which the	212
child is required to maintain contact with a person appointed to	213
supervise the child in accordance with sanctions imposed by the	214
court;	215

(b) A period of intensive probation supervision in which the	216
child is required to maintain frequent contact with a person	217
appointed by the court to supervise the child while the child is	218
seeking or maintaining employment and participating in training,	219
education, and treatment programs as the order of disposition;	220

(c) A period of day reporting in which the child is required	221
each day to report to and leave a center or another approved	222
reporting location at specified times in order to participate in	223
work, education or training, treatment, and other approved	224
programs at the center or outside the center;	225

(d) A period of community service of up to five hundred hours	226
for an act that would be a felony or a misdemeanor of the first	227
degree if committed by an adult, up to two hundred hours for an	228
act that would be a misdemeanor of the second, third, or fourth	229
degree if committed by an adult, or up to thirty hours for an act	230
that would be a minor misdemeanor if committed by an adult;	231

(e) A requirement that the child obtain a high school	232
diploma, a certificate of high school equivalence, vocational	233
training, or employment;	234

(f) A period of drug and alcohol use monitoring;

235

(g) A requirement of alcohol or drug assessment or	236
counseling, or a period in an alcohol or drug treatment program	237
with a level of security for the child as determined necessary by	238
the court;	239

(h) A period in which the court orders the child to observe a	240
curfew that may involve daytime or evening hours;	241

(i) A requirement that the child serve monitored time;

242

(j) A period of house arrest without electronic monitoring or	243
continuous alcohol monitoring;	244

(k) A period of electronic monitoring or continuous alcohol	245
monitoring without house arrest, or house arrest with electronic	246
monitoring or continuous alcohol monitoring or both electronic	247
monitoring and continuous alcohol monitoring, that does not exceed	248
the maximum sentence of imprisonment that could be imposed upon an	249
adult who commits the same act.	250

A period of house arrest with electronic monitoring or	251
continuous alcohol monitoring or both electronic monitoring and	252
continuous alcohol monitoring, imposed under this division shall	253
not extend beyond the child's twenty-first birthday. If a court	254
imposes a period of house arrest with electronic monitoring or	255
continuous alcohol monitoring or both electronic monitoring and	256
continuous alcohol monitoring, upon a child under this division,	257
it shall require the child: to remain in the child's home or other	258
specified premises for the entire period of house arrest with	259
electronic monitoring or continuous alcohol monitoring or both	260
except when the court permits the child to leave those premises to	261
go to school or to other specified premises. Regarding electronic	262
monitoring, the court also shall require the child to be monitored	263
by a central system that can determine the child's location at	264
designated times; to report periodically to a person designated by	265
the court; and to enter into a written contract with the court	266
agreeing to comply with all requirements imposed by the court,	267
agreeing to pay any fee imposed by the court for the costs of the	268
house arrest with electronic monitoring, and agreeing to waive the	269
right to receive credit for any time served on house arrest with	270
electronic monitoring toward the period of any other dispositional	271
order imposed upon the child if the child violates any of the	272
requirements of the dispositional order of house arrest with	273
electronic monitoring. The court also may impose other reasonable	274
requirements upon the child.	275

Unless ordered by the court, a child shall not receive credit	276
for any time served on house arrest with electronic monitoring or	277
continuous alcohol monitoring or both toward any other	278
dispositional order imposed upon the child for the act for which	279
was imposed the dispositional order of house arrest with	280
electronic monitoring or continuous alcohol monitoring. As used in	281
this division and division (A)(4)(l) of this section, "continuous	282
alcohol monitoring" has the same meaning as in section 2929.01 of	283
the Revised Code.	284

(l) A suspension of the driver's license, probationary	285
driver's license, or temporary instruction permit issued to the	286
child for a period of time prescribed by the court, or a	287
suspension of the registration of all motor vehicles registered in	288
the name of the child for a period of time prescribed by the	289
court. A child whose license or permit is so suspended is	290
ineligible for issuance of a license or permit during the period	291
of suspension. At the end of the period of suspension, the child	292
shall not be reissued a license or permit until the child has paid	293
any applicable reinstatement fee and complied with all	294
requirements governing license reinstatement.	295

(5) Commit the child to the custody of the court;

296

(6) Require the child to not be absent without legitimate	297
excuse from the public school the child is supposed to attend for	298
five or more consecutive days, seven or more school days in one	299
school month, or twelve or more school days in a school year;	300

(7)(a) If a child is adjudicated a delinquent child for being	301
a chronic truant or a habitual truant who previously has been	302
adjudicated an unruly child for being a habitual truant, do either	303
or both of the following:	304

(i) Require the child to participate in a truancy prevention	305
mediation program;	306

(ii) Make any order of disposition as authorized by this	307
section, except that the court shall not commit the child to a	308
facility described in division (A)(2) or (3) of this section	309
unless the court determines that the child violated a lawful court	310
order made pursuant to division (C)(1)(e) of section 2151.354 of	311
the Revised Code or division (A)(6) of this section.	312

(b) If a child is adjudicated a delinquent child for being a	313
chronic truant or a habitual truant who previously has been	314
adjudicated an unruly child for being a habitual truant and the	315
court determines that the parent, guardian, or other person having	316
care of the child has failed to cause the child's attendance at	317
school in violation of section 3321.38 of the Revised Code, do	318
either or both of the following:	319

(i) Require the parent, guardian, or other person having care	320
of the child to participate in a truancy prevention mediation	321
program;	322

(ii) Require the parent, guardian, or other person having	323
care of the child to participate in any community service program,	324
preferably a community service program that requires the	325
involvement of the parent, guardian, or other person having care	326
of the child in the school attended by the child.	327

(8) Make any further disposition that the court finds proper,	328
except that the child shall not be placed in a state correctional	329
institution, a county, multicounty, or municipal jail or	330
workhouse, or another place in which an adult convicted of a	331
crime, under arrest, or charged with a crime is held.	332

(B) If a child is adjudicated a delinquent child, in addition	333
to any order of disposition made under division (A) of this	334
section, the court, in the following situations and for the	335
specified periods of time, shall suspend the child's temporary	336
instruction permit, restricted license, probationary driver's	337
license, or nonresident operating privilege, or suspend the	338
child's ability to obtain such a permit:	339

(1) If the child is adjudicated a delinquent child for	340
violating section 2923.122 of the Revised Code, impose a class	341
four suspension of the child's license, permit, or privilege from	342
the range specified in division (A)(4) of section 4510.02 of the	343
Revised Code or deny the child the issuance of a license or permit	344
in accordance with division (F)(1) of section 2923.122 of the	345
Revised Code.	346

(2) If the child is adjudicated a delinquent child for	347
committing an act that if committed by an adult would be a drug	348
abuse offense or for violating division (B) of section 2917.11 of	349
the Revised Code, suspend the child's license, permit, or	350
privilege for a period of time prescribed by the court. The court,	351
in its discretion, may terminate the suspension if the child	352
attends and satisfactorily completes a drug abuse or alcohol abuse	353
education, intervention, or treatment program specified by the	354
court. During the time the child is attending a program described	355
in this division, the court shall retain the child's temporary	356
instruction permit, probationary driver's license, or driver's	357
license, and the court shall return the permit or license if it	358
terminates the suspension as described in this division.	359

(C) The court may establish a victim-offender mediation	360
program in which victims and their offenders meet to discuss the	361
offense and suggest possible restitution. If the court obtains the	362
assent of the victim of the delinquent act committed by the child,	363
the court may require the child to participate in the program.	364

(D)(1) If a child is adjudicated a delinquent child for	365
committing an act that would be a felony if committed by an adult	366
and if the child caused, attempted to cause, threatened to cause,	367
or created a risk of physical harm to the victim of the act, the	368
court, prior to issuing an order of disposition under this	369
section, shall order the preparation of a victim impact statement	370
by the probation department of the county in which the victim of	371
the act resides, by the court's own probation department, or by a	372
victim assistance program that is operated by the state, a county,	373
a municipal corporation, or another governmental entity. The court	374
shall consider the victim impact statement in determining the	375
order of disposition to issue for the child.	376

(2) Each victim impact statement shall identify the victim of	377
the act for which the child was adjudicated a delinquent child,	378
itemize any economic loss suffered by the victim as a result of	379
the act, identify any physical injury suffered by the victim as a	380
result of the act and the seriousness and permanence of the	381
injury, identify any change in the victim's personal welfare or	382
familial relationships as a result of the act and any	383
psychological impact experienced by the victim or the victim's	384
family as a result of the act, and contain any other information	385
related to the impact of the act upon the victim that the court	386
requires.	387

(3) A victim impact statement shall be kept confidential and	388
is not a public record. However, the court may furnish copies of	389
the statement to the department of youth services if the	390
delinquent child is committed to the department or to both the	391
adjudicated delinquent child or the adjudicated delinquent child's	392
counsel and the prosecuting attorney. The copy of a victim impact	393
statement furnished by the court to the department pursuant to	394
this section shall be kept confidential and is not a public	395
record. If an officer is preparing pursuant to section 2947.06 or	396
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	397
investigation report pertaining to a person, the court shall make	398
available to the officer, for use in preparing the report, a copy	399
of any victim impact statement regarding that person. The copies	400
of a victim impact statement that are made available to the	401
adjudicated delinquent child or the adjudicated delinquent child's	402
counsel and the prosecuting attorney pursuant to this division	403
shall be returned to the court by the person to whom they were	404
made available immediately following the imposition of an order of	405
disposition for the child under this chapter.	406

The copy of a victim impact statement that is made available	407
pursuant to this division to an officer preparing a criminal	408
presentence investigation report shall be returned to the court by	409
the officer immediately following its use in preparing the report.	410

(4) The department of youth services shall work with local	411
probation departments and victim assistance programs to develop a	412
standard victim impact statement.	413

(E) If a child is adjudicated a delinquent child for being a	414
chronic truant or a habitual truant who previously has been	415
adjudicated an unruly child for being a habitual truant and the	416
court determines that the parent, guardian, or other person having	417
care of the child has failed to cause the child's attendance at	418
school in violation of section 3321.38 of the Revised Code, in	419
addition to any order of disposition it makes under this section,	420
the court shall warn the parent, guardian, or other person having	421
care of the child that any subsequent adjudication of the child as	422
an unruly or delinquent child for being a habitual or chronic	423
truant may result in a criminal charge against the parent,	424
guardian, or other person having care of the child for a violation	425
of division (C) of section 2919.21 or section 2919.24 of the	426
Revised Code.	427

(F)(1) During the period of a delinquent child's community	428
control granted under this section, authorized probation officers	429
who are engaged within the scope of their supervisory duties or	430
responsibilities may search, with or without a warrant, the person	431
of the delinquent child, the place of residence of the delinquent	432
child, and a motor vehicle, another item of tangible or intangible	433
personal property, or other real property in which the delinquent	434
child has a right, title, or interest or for which the delinquent	435
child has the express or implied permission of a person with a	436
right, title, or interest to use, occupy, or possess if the	437
probation officers have reasonable grounds to believe that the	438
delinquent child is not abiding by the law or otherwise is not	439
complying with the conditions of the delinquent child's community	440
control. The court that places a delinquent child on community	441
control under this section shall provide the delinquent child with	442
a written notice that informs the delinquent child that authorized	443
probation officers who are engaged within the scope of their	444
supervisory duties or responsibilities may conduct those types of	445
searches during the period of community control if they have	446
reasonable grounds to believe that the delinquent child is not	447
abiding by the law or otherwise is not complying with the	448
conditions of the delinquent child's community control. The court	449
also shall provide the written notice described in division (E)(2)	450
of this section to each parent, guardian, or custodian of the	451
delinquent child who is described in that division.	452

(2) The court that places a child on community control under	453
this section shall provide the child's parent, guardian, or other	454
custodian with a written notice that informs them that authorized	455
probation officers may conduct searches pursuant to division	456
(E)(1) of this section. The notice shall specifically state that a	457
permissible search might extend to a motor vehicle, another item	458
of tangible or intangible personal property, or a place of	459
residence or other real property in which a notified parent,	460
guardian, or custodian has a right, title, or interest and that	461
the parent, guardian, or custodian expressly or impliedly permits	462
the child to use, occupy, or possess.	463

(G) If a juvenile court commits a delinquent child to the	464
custody of any person, organization, or entity pursuant to this	465
section and if the delinquent act for which the child is so	466
committed is a sexually oriented offense or is a child-victim	467
oriented offense, the court in the order of disposition shall do	468
one of the following:	469

(1) Require that the child be provided treatment as described	470
in division (A)(2) of section 5139.13 of the Revised Code;	471

(2) Inform the person, organization, or entity that it is the	472
preferred course of action in this state that the child be	473
provided treatment as described in division (A)(2) of section	474
5139.13 of the Revised Code and encourage the person,	475
organization, or entity to provide that treatment.	476

Sec. 2152.193. (A)(1) The first and second time that a child	477
is adjudicated a delinquent child for an act that would be a	478
violation of division (C)(1) of section 2925.14 of the Revised	479
Code for possessing, with purpose to use, drug paraphernalia, if	480
committed by an adult, or the first and second time that a child	481
is adjudicated a delinquent child an act that would be a	482
misdemeanor violation of section 2925.11 of the Revised Code, if	483
committed by an adult, the juvenile court shall make an order of	484
disposition placing the delinquent child on community control for	485
a period in a drug treatment program under division (A)(4)(g) of	486
section 2152.19 of the Revised Code, if the delinquent child has	487
filed a motion with the juvenile court that requests the juvenile	488
court to make an order of disposition placing the delinquent child	489
on community control for a period in a drug treatment program.	490

(2) The juvenile court shall not make an order of disposition	491
under division (A)(1) of this section if a juvenile court has	492
imposed a serious youthful offender dispositional sentence on the	493
delinquent child in the five years preceding the court making an	494
order of disposition in the current case or if the delinquent	495
child's case is subject to disposition under section 2152.16 or	496
2152.161 of the Revised Code for an act committed during or in	497
relation to the act that is subject to division (A)(1) of this	498
section.	499

(3) The juvenile court shall not make an order of disposition	500
placing the delinquent child on community control for a period in	501
a drug treatment program that exceeds 90 days or the delinquent	502
child's attainment of twenty-one years of age.	503

(B)(1) At the time the juvenile court makes an order of	504
disposition placing the delinquent child on community control for	505
a period in a drug treatment program pursuant to division (A) of	506
this section, the court shall notify the delinquent child that, if	507
the child fails to complete the drug treatment program or violates	508
the drug treatment program's conditions for participation, the	509
juvenile court may make a new order of disposition for the child's	510
delinquent act under Chapter 2152. of the Revised Code.	511

(2) If the delinquent child fails to complete the drug	512
treatment program or violates the drug treatment program's	513
conditions, the staff of the drug treatment program shall notify	514
the juvenile court and if the juvenile court finds upon further	515
hearing that the delinquent child has failed to comply with the	516
court's order of disposition, the juvenile court may, but is not	517
required to, make a new order of disposition for the child's	518
delinquent act under Chapter 2152. of the Revised Code.	519

(C) This section shall not prevent the juvenile court from	520
making an order of disposition or imposing a serious youthful	521
disposition sentence on the delinquent child, or from transferring	522
the delinquent child to another court pursuant to section 2152.12	523
of the Revised Code, for an act committed by the delinquent child	524
during the period of the delinquent child's placement in a drug	525
treatment program.	526

(D) A juvenile court that makes an order of disposition under	527
division (A) of this section retains jurisdiction over the	528
delinquent child during the period of the delinquent child's	529
participation in the drug treatment program.	530

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	531
or use a controlled substance or a controlled substance analog.	532

(B) This section does not apply to any of the following:

533

(1) Manufacturers, licensed health professionals authorized	534
to prescribe drugs, pharmacists, owners of pharmacies, and other	535
persons whose conduct was in accordance with Chapters 3719.,	536
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	537

(2) If the offense involves an anabolic steroid, any person	538
who is conducting or participating in a research project involving	539
the use of an anabolic steroid if the project has been approved by	540
the United States food and drug administration;	541

(3) Any person who sells, offers for sale, prescribes,	542
dispenses, or administers for livestock or other nonhuman species	543
an anabolic steroid that is expressly intended for administration	544
through implants to livestock or other nonhuman species and	545
approved for that purpose under the "Federal Food, Drug, and	546
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	547
and is sold, offered for sale, prescribed, dispensed, or	548
administered for that purpose in accordance with that act;	549

(4) Any person who obtained the controlled substance pursuant	550
to a lawful prescription issued by a licensed health professional	551
authorized to prescribe drugs.	552

(C) Whoever violates division (A) of this section is guilty	553
of one of the following:	554

(1) If the drug involved in the violation is a compound,	555
mixture, preparation, or substance included in schedule I or II,	556
with the exception of marihuana, cocaine, L.S.D., heroin, hashish,	557
and controlled substance analogs, whoever violates division (A) of	558
this section is guilty of aggravated possession of drugs. The	559
penalty for the offense shall be determined as follows:	560

(a) Except as otherwise provided in division (C)(1)(b), (c),	561
(d), or (e) of this section, aggravated possession of drugs is a	562
felony of the fifth degree, and division (B) of section 2929.13 of	563
the Revised Code applies in determining whether to impose a prison	564
term on the offender.	565

(b) If the amount of the drug involved equals or exceeds the	566
bulk amount but is less than five times the bulk amount,	567
aggravated possession of drugs is a felony of the third degree,	568
and there is a presumption for a prison term for the offense.	569

(c) If the amount of the drug involved equals or exceeds five	570
times the bulk amount but is less than fifty times the bulk	571
amount, aggravated possession of drugs is a felony of the second	572
degree, and the court shall impose as a mandatory prison term one	573
of the prison terms prescribed for a felony of the second degree.	574

(d) If the amount of the drug involved equals or exceeds	575
fifty times the bulk amount but is less than one hundred times the	576
bulk amount, aggravated possession of drugs is a felony of the	577
first degree, and the court shall impose as a mandatory prison	578
term one of the prison terms prescribed for a felony of the first	579
degree.	580

(e) If the amount of the drug involved equals or exceeds one	581
hundred times the bulk amount, aggravated possession of drugs is a	582
felony of the first degree, the offender is a major drug offender,	583
and the court shall impose as a mandatory prison term the maximum	584
prison term prescribed for a felony of the first degree.	585

(2) If the drug involved in the violation is a compound,	586
mixture, preparation, or substance included in schedule III, IV,	587
or V, whoever violates division (A) of this section is guilty of	588
possession of drugs. The penalty for the offense shall be	589
determined as follows:	590

(a) Except as otherwise provided in division (C)(2)(b), (c),	591
or (d) of this section, possession of drugs is a misdemeanor of	592
the first degree or, if the offender previously has been convicted	593
of a drug abuse offense, a felony of the fifth degree.	594

(b) If the amount of the drug involved equals or exceeds the	595
bulk amount but is less than five times the bulk amount,	596
possession of drugs is a felony of the fourth degree, and division	597
(C) of section 2929.13 of the Revised Code applies in determining	598
whether to impose a prison term on the offender.	599

(c) If the amount of the drug involved equals or exceeds five	600
times the bulk amount but is less than fifty times the bulk	601
amount, possession of drugs is a felony of the third degree, and	602
there is a presumption for a prison term for the offense.	603

(d) If the amount of the drug involved equals or exceeds	604
fifty times the bulk amount, possession of drugs is a felony of	605
the second degree, and the court shall impose upon the offender as	606
a mandatory prison term one of the prison terms prescribed for a	607
felony of the second degree.	608

(3) If the drug involved in the violation is marihuana or a	609
compound, mixture, preparation, or substance containing marihuana	610
other than hashish, whoever violates division (A) of this section	611
is guilty of possession of marihuana. The penalty for the offense	612
shall be determined as follows:	613

(a) Except as otherwise provided in division (C)(3)(b), (c),	614
(d), (e), (f), or (g) of this section, possession of marihuana is	615
a minor misdemeanor.	616

(b) If the amount of the drug involved equals or exceeds one	617
hundred grams but is less than two hundred grams, possession of	618
marihuana is a misdemeanor of the fourth degree.	619

(c) If the amount of the drug involved equals or exceeds two	620
hundred grams but is less than one thousand grams, possession of	621
marihuana is a felony of the fifth degree, and division (B) of	622
section 2929.13 of the Revised Code applies in determining whether	623
to impose a prison term on the offender.	624

(d) If the amount of the drug involved equals or exceeds one	625
thousand grams but is less than five thousand grams, possession of	626
marihuana is a felony of the third degree, and division (C) of	627
section 2929.13 of the Revised Code applies in determining whether	628
to impose a prison term on the offender.	629

(e) If the amount of the drug involved equals or exceeds five	630
thousand grams but is less than twenty thousand grams, possession	631
of marihuana is a felony of the third degree, and there is a	632
presumption that a prison term shall be imposed for the offense.	633

(f) If the amount of the drug involved equals or exceeds	634
twenty thousand grams but is less than forty thousand grams,	635
possession of marihuana is a felony of the second degree, and the	636
court shall impose a mandatory prison term of five, six, seven, or	637
eight years.	638

(g) If the amount of the drug involved equals or exceeds	639
forty thousand grams, possession of marihuana is a felony of the	640
second degree, and the court shall impose as a mandatory prison	641
term the maximum prison term prescribed for a felony of the second	642
degree.	643

(4) If the drug involved in the violation is cocaine or a	644
compound, mixture, preparation, or substance containing cocaine,	645
whoever violates division (A) of this section is guilty of	646
possession of cocaine. The penalty for the offense shall be	647
determined as follows:	648

(a) Except as otherwise provided in division (C)(4)(b), (c),	649
(d), (e), or (f) of this section, possession of cocaine is a	650
felony of the fifth degree, and division (B) of section 2929.13 of	651
the Revised Code applies in determining whether to impose a prison	652
term on the offender.	653

(b) If the amount of the drug involved equals or exceeds five	654
grams but is less than ten grams of cocaine, possession of cocaine	655
is a felony of the fourth degree, and division (B) of section	656
2929.13 of the Revised Code applies in determining whether to	657
impose a prison term on the offender.	658

(c) If the amount of the drug involved equals or exceeds ten	659
grams but is less than twenty grams of cocaine, possession of	660
cocaine is a felony of the third degree, and, except as otherwise	661
provided in this division, there is a presumption for a prison	662
term for the offense. If possession of cocaine is a felony of the	663
third degree under this division and if the offender two or more	664
times previously has been convicted of or pleaded guilty to a	665
felony drug abuse offense, the court shall impose as a mandatory	666
prison term one of the prison terms prescribed for a felony of the	667
third degree.	668

(d) If the amount of the drug involved equals or exceeds	669
twenty grams but is less than twenty-seven grams of cocaine,	670
possession of cocaine is a felony of the second degree, and the	671
court shall impose as a mandatory prison term one of the prison	672
terms prescribed for a felony of the second degree.	673

(e) If the amount of the drug involved equals or exceeds	674
twenty-seven grams but is less than one hundred grams of cocaine,	675
possession of cocaine is a felony of the first degree, and the	676
court shall impose as a mandatory prison term one of the prison	677
terms prescribed for a felony of the first degree.	678

(f) If the amount of the drug involved equals or exceeds one	679
hundred grams of cocaine, possession of cocaine is a felony of the	680
first degree, the offender is a major drug offender, and the court	681
shall impose as a mandatory prison term the maximum prison term	682
prescribed for a felony of the first degree.	683

(5) If the drug involved in the violation is L.S.D., whoever	684
violates division (A) of this section is guilty of possession of	685
L.S.D. The penalty for the offense shall be determined as follows:	686

(a) Except as otherwise provided in division (C)(5)(b), (c),	687
(d), (e), or (f) of this section, possession of L.S.D. is a felony	688
of the fifth degree, and division (B) of section 2929.13 of the	689
Revised Code applies in determining whether to impose a prison	690
term on the offender.	691

(b) If the amount of L.S.D. involved equals or exceeds ten	692
unit doses but is less than fifty unit doses of L.S.D. in a solid	693
form or equals or exceeds one gram but is less than five grams of	694
L.S.D. in a liquid concentrate, liquid extract, or liquid	695
distillate form, possession of L.S.D. is a felony of the fourth	696
degree, and division (C) of section 2929.13 of the Revised Code	697
applies in determining whether to impose a prison term on the	698
offender.	699

(c) If the amount of L.S.D. involved equals or exceeds fifty	700
unit doses, but is less than two hundred fifty unit doses of	701
L.S.D. in a solid form or equals or exceeds five grams but is less	702
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	703
extract, or liquid distillate form, possession of L.S.D. is a	704
felony of the third degree, and there is a presumption for a	705
prison term for the offense.	706

(d) If the amount of L.S.D. involved equals or exceeds two	707
hundred fifty unit doses but is less than one thousand unit doses	708
of L.S.D. in a solid form or equals or exceeds twenty-five grams	709
but is less than one hundred grams of L.S.D. in a liquid	710
concentrate, liquid extract, or liquid distillate form, possession	711
of L.S.D. is a felony of the second degree, and the court shall	712
impose as a mandatory prison term one of the prison terms	713
prescribed for a felony of the second degree.	714

(e) If the amount of L.S.D. involved equals or exceeds one	715
thousand unit doses but is less than five thousand unit doses of	716
L.S.D. in a solid form or equals or exceeds one hundred grams but	717
is less than five hundred grams of L.S.D. in a liquid concentrate,	718
liquid extract, or liquid distillate form, possession of L.S.D. is	719
a felony of the first degree, and the court shall impose as a	720
mandatory prison term one of the prison terms prescribed for a	721
felony of the first degree.	722

(f) If the amount of L.S.D. involved equals or exceeds five	723
thousand unit doses of L.S.D. in a solid form or equals or exceeds	724
five hundred grams of L.S.D. in a liquid concentrate, liquid	725
extract, or liquid distillate form, possession of L.S.D. is a	726
felony of the first degree, the offender is a major drug offender,	727
and the court shall impose as a mandatory prison term the maximum	728
prison term prescribed for a felony of the first degree.	729

(6) If the drug involved in the violation is heroin or a	730
compound, mixture, preparation, or substance containing heroin,	731
whoever violates division (A) of this section is guilty of	732
possession of heroin. The penalty for the offense shall be	733
determined as follows:	734

(a) Except as otherwise provided in division (C)(6)(b), (c),	735
(d), (e), or (f) of this section, possession of heroin is a felony	736
of the fifth degree, and division (B) of section 2929.13 of the	737
Revised Code applies in determining whether to impose a prison	738
term on the offender.	739

(b) If the amount of the drug involved equals or exceeds ten	740
unit doses but is less than fifty unit doses or equals or exceeds	741
one gram but is less than five grams, possession of heroin is a	742
felony of the fourth degree, and division (C) of section 2929.13	743
of the Revised Code applies in determining whether to impose a	744
prison term on the offender.	745

(c) If the amount of the drug involved equals or exceeds	746
fifty unit doses but is less than one hundred unit doses or equals	747
or exceeds five grams but is less than ten grams, possession of	748
heroin is a felony of the third degree, and there is a presumption	749
for a prison term for the offense.	750

(d) If the amount of the drug involved equals or exceeds one	751
hundred unit doses but is less than five hundred unit doses or	752
equals or exceeds ten grams but is less than fifty grams,	753
possession of heroin is a felony of the second degree, and the	754
court shall impose as a mandatory prison term one of the prison	755
terms prescribed for a felony of the second degree.	756

(e) If the amount of the drug involved equals or exceeds five	757
hundred unit doses but is less than two thousand five hundred unit	758
doses or equals or exceeds fifty grams but is less than two	759
hundred fifty grams, possession of heroin is a felony of the first	760
degree, and the court shall impose as a mandatory prison term one	761
of the prison terms prescribed for a felony of the first degree.	762

(f) If the amount of the drug involved equals or exceeds two	763
thousand five hundred unit doses or equals or exceeds two hundred	764
fifty grams, possession of heroin is a felony of the first degree,	765
the offender is a major drug offender, and the court shall impose	766
as a mandatory prison term the maximum prison term prescribed for	767
a felony of the first degree.	768

(7) If the drug involved in the violation is hashish or a	769
compound, mixture, preparation, or substance containing hashish,	770
whoever violates division (A) of this section is guilty of	771
possession of hashish. The penalty for the offense shall be	772
determined as follows:	773

(a) Except as otherwise provided in division (C)(7)(b), (c),	774
(d), (e), (f), or (g) of this section, possession of hashish is a	775
minor misdemeanor.	776

(b) If the amount of the drug involved equals or exceeds five	777
grams but is less than ten grams of hashish in a solid form or	778
equals or exceeds one gram but is less than two grams of hashish	779
in a liquid concentrate, liquid extract, or liquid distillate	780
form, possession of hashish is a misdemeanor of the fourth degree.	781

(c) If the amount of the drug involved equals or exceeds ten	782
grams but is less than fifty grams of hashish in a solid form or	783
equals or exceeds two grams but is less than ten grams of hashish	784
in a liquid concentrate, liquid extract, or liquid distillate	785
form, possession of hashish is a felony of the fifth degree, and	786
division (B) of section 2929.13 of the Revised Code applies in	787
determining whether to impose a prison term on the offender.	788

(d) If the amount of the drug involved equals or exceeds	789
fifty grams but is less than two hundred fifty grams of hashish in	790
a solid form or equals or exceeds ten grams but is less than fifty	791
grams of hashish in a liquid concentrate, liquid extract, or	792
liquid distillate form, possession of hashish is a felony of the	793
third degree, and division (C) of section 2929.13 of the Revised	794
Code applies in determining whether to impose a prison term on the	795
offender.	796

(e) If the amount of the drug involved equals or exceeds two	797
hundred fifty grams but is less than one thousand grams of hashish	798
in a solid form or equals or exceeds fifty grams but is less than	799
two hundred grams of hashish in a liquid concentrate, liquid	800
extract, or liquid distillate form, possession of hashish is a	801
felony of the third degree, and there is a presumption that a	802
prison term shall be imposed for the offense.	803

(f) If the amount of the drug involved equals or exceeds one	804
thousand grams but is less than two thousand grams of hashish in a	805
solid form or equals or exceeds two hundred grams but is less than	806
four hundred grams of hashish in a liquid concentrate, liquid	807
extract, or liquid distillate form, possession of hashish is a	808
felony of the second degree, and the court shall impose a	809
mandatory prison term of five, six, seven, or eight years.	810

(g) If the amount of the drug involved equals or exceeds two	811
thousand grams of hashish in a solid form or equals or exceeds	812
four hundred grams of hashish in a liquid concentrate, liquid	813
extract, or liquid distillate form, possession of hashish is a	814
felony of the second degree, and the court shall impose as a	815
mandatory prison term the maximum prison term prescribed for a	816
felony of the second degree.	817

(8) If the drug involved is a controlled substance analog or	818
compound, mixture, preparation, or substance that contains a	819
controlled substance analog, whoever violates division (A) of this	820
section is guilty of possession of a controlled substance analog.	821
The penalty for the offense shall be determined as follows:	822

(a) Except as otherwise provided in division (C)(8)(b), (c),	823
(d), (e), or (f) of this section, possession of a controlled	824
substance analog is a felony of the fifth degree, and division (B)	825
of section 2929.13 of the Revised Code applies in determining	826
whether to impose a prison term on the offender.	827

(b) If the amount of the drug involved equals or exceeds ten	828
grams but is less than twenty grams, possession of a controlled	829
substance analog is a felony of the fourth degree, and there is a	830
presumption for a prison term for the offense.	831

(c) If the amount of the drug involved equals or exceeds	832
twenty grams but is less than thirty grams, possession of a	833
controlled substance analog is a felony of the third degree, and	834
there is a presumption for a prison term for the offense.	835

(d) If the amount of the drug involved equals or exceeds	836
thirty grams but is less than forty grams, possession of a	837
controlled substance analog is a felony of the second degree, and	838
the court shall impose as a mandatory prison term one of the	839
prison terms prescribed for a felony of the second degree.	840

(e) If the amount of the drug involved equals or exceeds	841
forty grams but is less than fifty grams, possession of a	842
controlled substance analog is a felony of the first degree, and	843
the court shall impose as a mandatory prison term one of the	844
prison terms prescribed for a felony of the first degree.	845

(f) If the amount of the drug involved equals or exceeds	846
fifty grams, possession of a controlled substance analog is a	847
felony of the first degree, the offender is a major drug offender,	848
and the court shall impose as a mandatory prison term the maximum	849
prison term prescribed for a felony of the first degree.	850

(D) Arrest or conviction for a minor misdemeanor violation of	851
this section does not constitute a criminal record and need not be	852
reported by the person so arrested or convicted in response to any	853
inquiries about the person's criminal record, including any	854
inquiries contained in any application for employment, license, or	855
other right or privilege, or made in connection with the person's	856
appearance as a witness.	857

(E) In addition to any prison term or jail term authorized or	858
required by division (C) of this section and sections 2929.13,	859
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	860
addition to any other sanction that is imposed for the offense	861
under this section, sections 2929.11 to 2929.18, or sections	862
2929.21 to 2929.28 of the Revised Code, the court that sentences	863
an offender who is convicted of or pleads guilty to a violation of	864
division (A) of this section shall do all of the following that	865
are applicable regarding the offender:	866

(1)(a) If the violation is a felony of the first, second, or	867
third degree, the court shall impose upon the offender the	868
mandatory fine specified for the offense under division (B)(1) of	869
section 2929.18 of the Revised Code unless, as specified in that	870
division, the court determines that the offender is indigent.	871

(b) Notwithstanding any contrary provision of section 3719.21	872
of the Revised Code, the clerk of the court shall pay a mandatory	873
fine or other fine imposed for a violation of this section	874
pursuant to division (A) of section 2929.18 of the Revised Code in	875
accordance with and subject to the requirements of division (F) of	876
section 2925.03 of the Revised Code. The agency that receives the	877
fine shall use the fine as specified in division (F) of section	878
2925.03 of the Revised Code.	879

(c) If a person is charged with a violation of this section	880
that is a felony of the first, second, or third degree, posts	881
bail, and forfeits the bail, the clerk shall pay the forfeited	882
bail pursuant to division (E)(1)(b) of this section as if it were	883
a mandatory fine imposed under division (E)(1)(a) of this section.	884

(2) The court shall suspend for not less than six months or	885
more than five years the offender's driver's or commercial	886
driver's license or permit.	887

(3) If the offender is a professionally licensed person, in	888
addition to any other sanction imposed for a violation of this	889
section, the court immediately shall comply with section 2925.38	890
of the Revised Code.	891

(F) It is an affirmative defense, as provided in section	892
2901.05 of the Revised Code, to a charge of a fourth degree felony	893
violation under this section that the controlled substance that	894
gave rise to the charge is in an amount, is in a form, is	895
prepared, compounded, or mixed with substances that are not	896
controlled substances in a manner, or is possessed under any other	897
circumstances, that indicate that the substance was possessed	898
solely for personal use. Notwithstanding any contrary provision of	899
this section, if, in accordance with section 2901.05 of the	900
Revised Code, an accused who is charged with a fourth degree	901
felony violation of division (C)(2), (4), (5), or (6) of this	902
section sustains the burden of going forward with evidence of and	903
establishes by a preponderance of the evidence the affirmative	904
defense described in this division, the accused may be prosecuted	905
for and may plead guilty to or be convicted of a misdemeanor	906
violation of division (C)(2) of this section or a fifth degree	907
felony violation of division (C)(4), (5), or (6) of this section	908
respectively.	909

(G) When a person is charged with possessing a bulk amount or	910
multiple of a bulk amount, division (E) of section 2925.03 of the	911
Revised Code applies regarding the determination of the amount of	912
the controlled substance involved at the time of the offense.	913

(H) It is an affirmative defense to a charge of possession of	914
a controlled substance analog under division (C)(8) of this	915
section that the person charged with violating that offense	916
obtained, possessed, or used an item described in division	917
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.	918

(I) Notwithstanding any conflicting provision in division (C)	919
of this section, divisions (A)(1)(b) and (c) of section 2929.15 of	920
the Revised Code shall apply to the sentencing of an offender who	921
violates division (A) of this section.	922

Sec. 2929.13.  (A) Except as provided in division (E), (F),	923
or (G), or (M) of this section and unless a specific sanction is	924
required to be imposed or is precluded from being imposed pursuant	925
to law, a court that imposes a sentence upon an offender for a	926
felony may impose any sanction or combination of sanctions on the	927
offender that are provided in sections 2929.14 to 2929.18 of the	928
Revised Code.	929

If the offender is eligible to be sentenced to community	930
control sanctions, the court shall consider the appropriateness of	931
imposing a financial sanction pursuant to section 2929.18 of the	932
Revised Code or a sanction of community service pursuant to	933
section 2929.17 of the Revised Code as the sole sanction for the	934
offense. Except as otherwise provided in this division, if the	935
court is required to impose a mandatory prison term for the	936
offense for which sentence is being imposed, the court also shall	937
impose any financial sanction pursuant to section 2929.18 of the	938
Revised Code that is required for the offense and may impose any	939
other financial sanction pursuant to that section but may not	940
impose any additional sanction or combination of sanctions under	941
section 2929.16 or 2929.17 of the Revised Code.	942

If the offender is being sentenced for a fourth degree felony	943
OVI offense or for a third degree felony OVI offense, in addition	944
to the mandatory term of local incarceration or the mandatory	945
prison term required for the offense by division (G)(1) or (2) of	946
this section, the court shall impose upon the offender a mandatory	947
fine in accordance with division (B)(3) of section 2929.18 of the	948
Revised Code and may impose whichever of the following is	949
applicable:	950

(1) For a fourth degree felony OVI offense for which sentence	951
is imposed under division (G)(1) of this section, an additional	952
community control sanction or combination of community control	953
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	954
the court imposes upon the offender a community control sanction	955
and the offender violates any condition of the community control	956
sanction, the court may take any action prescribed in division (B)	957
of section 2929.15 of the Revised Code relative to the offender,	958
including imposing a prison term on the offender pursuant to that	959
division.	960

(2) For a third or fourth degree felony OVI offense for which	961
sentence is imposed under division (G)(2) of this section, an	962
additional prison term as described in division (B)(4) of section	963
2929.14 of the Revised Code or a community control sanction as	964
described in division (G)(2) of this section.	965

(B)(1)(a) Except as provided in division (B)(1)(b) of this	966
section, if an offender is convicted of or pleads guilty to a	967
felony of the fourth or fifth degree that is not an offense of	968
violence or that is a qualifying assault offense, the court shall	969
sentence the offender to a community control sanction of at least	970
one year's duration if all of the following apply:	971

(i) The offender previously has not been convicted of or	972
pleaded guilty to a felony offense.	973

(ii) The most serious charge against the offender at the time	974
of sentencing is a felony of the fourth or fifth degree.	975

(iii) If the court made a request of the department of	976
rehabilitation and correction pursuant to division (B)(1)(c) of	977
this section, the department, within the forty-five-day period	978
specified in that division, provided the court with the names of,	979
contact information for, and program details of one or more	980
community control sanctions of at least one year's duration that	981
are available for persons sentenced by the court.	982

(iv) The offender previously has not been convicted of or	983
pleaded guilty to a misdemeanor offense of violence that the	984
offender committed within two years prior to the offense for which	985
sentence is being imposed.	986

(b) The court has discretion to impose a prison term upon an	987
offender who is convicted of or pleads guilty to a felony of the	988
fourth or fifth degree that is not an offense of violence or that	989
is a qualifying assault offense if any of the following apply:	990

(i) The offender committed the offense while having a firearm	991
on or about the offender's person or under the offender's control.	992

(ii) If the offense is a qualifying assault offense, the	993
offender caused serious physical harm to another person while	994
committing the offense, and, if the offense is not a qualifying	995
assault offense, the offender caused physical harm to another	996
person while committing the offense.	997

(iii) The offender violated a term of the conditions of bond	998
as set by the court.	999

(iv) The court made a request of the department of	1000
rehabilitation and correction pursuant to division (B)(1)(c) of	1001
this section, and the department, within the forty-five-day period	1002
specified in that division, did not provide the court with the	1003
name of, contact information for, and program details of any	1004
community control sanction of at least one year's duration that is	1005
available for persons sentenced by the court.	1006

(v) The offense is a sex offense that is a fourth or fifth	1007
degree felony violation of any provision of Chapter 2907. of the	1008
Revised Code.	1009

(vi) In committing the offense, the offender attempted to	1010
cause or made an actual threat of physical harm to a person with a	1011
deadly weapon.	1012

(vii) In committing the offense, the offender attempted to	1013
cause or made an actual threat of physical harm to a person, and	1014
the offender previously was convicted of an offense that caused	1015
physical harm to a person.	1016

(viii) The offender held a public office or position of	1017
trust, and the offense related to that office or position; the	1018
offender's position obliged the offender to prevent the offense or	1019
to bring those committing it to justice; or the offender's	1020
professional reputation or position facilitated the offense or was	1021
likely to influence the future conduct of others.	1022

(ix) The offender committed the offense for hire or as part	1023
of an organized criminal activity.	1024

(x) The offender at the time of the offense was serving, or	1025
the offender previously had served, a prison term.	1026

(xi) The offender committed the offense while under a	1027
community control sanction, while on probation, or while released	1028
from custody on a bond or personal recognizance.	1029

(c) If a court that is sentencing an offender who is	1030
convicted of or pleads guilty to a felony of the fourth or fifth	1031
degree that is not an offense of violence or that is a qualifying	1032
assault offense believes that no community control sanctions are	1033
available for its use that, if imposed on the offender, will	1034
adequately fulfill the overriding principles and purposes of	1035
sentencing, the court shall contact the department of	1036
rehabilitation and correction and ask the department to provide	1037
the court with the names of, contact information for, and program	1038
details of one or more community control sanctions of at least one	1039
year's duration that are available for persons sentenced by the	1040
court. Not later than forty-five days after receipt of a request	1041
from a court under this division, the department shall provide the	1042
court with the names of, contact information for, and program	1043
details of one or more community control sanctions of at least one	1044
year's duration that are available for persons sentenced by the	1045
court, if any. Upon making a request under this division that	1046
relates to a particular offender, a court shall defer sentencing	1047
of that offender until it receives from the department the names	1048
of, contact information for, and program details of one or more	1049
community control sanctions of at least one year's duration that	1050
are available for persons sentenced by the court or for forty-five	1051
days, whichever is the earlier.	1052

If the department provides the court with the names of,	1053
contact information for, and program details of one or more	1054
community control sanctions of at least one year's duration that	1055
are available for persons sentenced by the court within the	1056
forty-five-day period specified in this division, the court shall	1057
impose upon the offender a community control sanction under	1058
division (B)(1)(a) of this section, except that the court may	1059
impose a prison term under division (B)(1)(b) of this section if a	1060
factor described in division (B)(1)(b)(i) or (ii) of this section	1061
applies. If the department does not provide the court with the	1062
names of, contact information for, and program details of one or	1063
more community control sanctions of at least one year's duration	1064
that are available for persons sentenced by the court within the	1065
forty-five-day period specified in this division, the court may	1066
impose upon the offender a prison term under division	1067
(B)(1)(b)(iv) of this section.	1068

(d) A sentencing court may impose an additional penalty under	1069
division (B) of section 2929.15 of the Revised Code upon an	1070
offender sentenced to a community control sanction under division	1071
(B)(1)(a) of this section if the offender violates the conditions	1072
of the community control sanction, violates a law, or leaves the	1073
state without the permission of the court or the offender's	1074
probation officer.	1075

(2) If division (B)(1) of this section does not apply, except	1076
as provided in division (E), (F), or (G) of this section, in	1077
determining whether to impose a prison term as a sanction for a	1078
felony of the fourth or fifth degree, the sentencing court shall	1079
comply with the purposes and principles of sentencing under	1080
section 2929.11 of the Revised Code and with section 2929.12 of	1081
the Revised Code.	1082

(C) Except as provided in division (D), (E), (F), or (G) of	1083
this section, in determining whether to impose a prison term as a	1084
sanction for a felony of the third degree or a felony drug offense	1085
that is a violation of a provision of Chapter 2925. of the Revised	1086
Code and that is specified as being subject to this division for	1087
purposes of sentencing, the sentencing court shall comply with the	1088
purposes and principles of sentencing under section 2929.11 of the	1089
Revised Code and with section 2929.12 of the Revised Code.	1090

(D)(1) Except as provided in division (E) or (F) of this	1091
section, for a felony of the first or second degree, for a felony	1092
drug offense that is a violation of any provision of Chapter	1093
2925., 3719., or 4729. of the Revised Code for which a presumption	1094
in favor of a prison term is specified as being applicable, and	1095
for a violation of division (A)(4) or (B) of section 2907.05 of	1096
the Revised Code for which a presumption in favor of a prison term	1097
is specified as being applicable, it is presumed that a prison	1098
term is necessary in order to comply with the purposes and	1099
principles of sentencing under section 2929.11 of the Revised	1100
Code. Division (D)(2) of this section does not apply to a	1101
presumption established under this division for a violation of	1102
division (A)(4) of section 2907.05 of the Revised Code.	1103

(2) Notwithstanding the presumption established under	1104
division (D)(1) of this section for the offenses listed in that	1105
division other than a violation of division (A)(4) or (B) of	1106
section 2907.05 of the Revised Code, the sentencing court may	1107
impose a community control sanction or a combination of community	1108
control sanctions instead of a prison term on an offender for a	1109
felony of the first or second degree or for a felony drug offense	1110
that is a violation of any provision of Chapter 2925., 3719., or	1111
4729. of the Revised Code for which a presumption in favor of a	1112
prison term is specified as being applicable if it makes both of	1113
the following findings:	1114

(a) A community control sanction or a combination of	1115
community control sanctions would adequately punish the offender	1116
and protect the public from future crime, because the applicable	1117
factors under section 2929.12 of the Revised Code indicating a	1118
lesser likelihood of recidivism outweigh the applicable factors	1119
under that section indicating a greater likelihood of recidivism.	1120

(b) A community control sanction or a combination of	1121
community control sanctions would not demean the seriousness of	1122
the offense, because one or more factors under section 2929.12 of	1123
the Revised Code that indicate that the offender's conduct was	1124
less serious than conduct normally constituting the offense are	1125
applicable, and they outweigh the applicable factors under that	1126
section that indicate that the offender's conduct was more serious	1127
than conduct normally constituting the offense.	1128

(E)(1) Except as provided in divisiondivisions (F) and (M)	1129
of this section, for any drug offense that is a violation of any	1130
provision of Chapter 2925. of the Revised Code and that is a	1131
felony of the third, fourth, or fifth degree, the applicability of	1132
a presumption under division (D) of this section in favor of a	1133
prison term or of division (B) or (C) of this section in	1134
determining whether to impose a prison term for the offense shall	1135
be determined as specified in section 2925.02, 2925.03, 2925.04,	1136
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	1137
2925.37 of the Revised Code, whichever is applicable regarding the	1138
violation.	1139

(2) If an offender who was convicted of or pleaded guilty to	1140
a felony violates the conditions of a community control sanction	1141
imposed for the offense solely by reason of producing positive	1142
results on a drug test, the court, as punishment for the violation	1143
of the sanction, shall not order that the offender be imprisoned	1144
unless the court determines on the record either of the following:	1145

(a) The offender had been ordered as a sanction for the	1146
felony to participate in a drug treatment program, in a drug	1147
education program, or in narcotics anonymous or a similar program,	1148
and the offender continued to use illegal drugs after a reasonable	1149
period of participation in the program.	1150

(b) The imprisonment of the offender for the violation is	1151
consistent with the purposes and principles of sentencing set	1152
forth in section 2929.11 of the Revised Code.	1153

(3) A court that sentences an offender for a drug abuse	1154
offense that is a felony of the third, fourth, or fifth degree may	1155
require that the offender be assessed by a properly credentialed	1156
professional within a specified period of time. The court shall	1157
require the professional to file a written assessment of the	1158
offender with the court. If the offender is eligible for a	1159
community control sanction and after considering the written	1160
assessment, the court may impose a community control sanction that	1161
includes treatment and recovery support services authorized by	1162
section 3793.02 of the Revised Code. If the court imposes	1163
treatment and recovery support services as a community control	1164
sanction, the court shall direct the level and type of treatment	1165
and recovery support services after considering the assessment and	1166
recommendation of treatment and recovery support services	1167
providers.	1168

(F) Notwithstanding divisions (A) to (E) of this section, the	1169
court shall impose a prison term or terms under sections 2929.02	1170
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1171
of the Revised Code and except as specifically provided in section	1172
2929.20, divisions (C) to (I) of section 2967.19, or section	1173
2967.191 of the Revised Code or when parole is authorized for the	1174
offense under section 2967.13 of the Revised Code shall not reduce	1175
the term or terms pursuant to section 2929.20, section 2967.19,	1176
section 2967.193, or any other provision of Chapter 2967. or	1177
Chapter 5120. of the Revised Code for any of the following	1178
offenses:	1179

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

1180

(2) Any rape, regardless of whether force was involved and	1181
regardless of the age of the victim, or an attempt to commit rape	1182
if, had the offender completed the rape that was attempted, the	1183
offender would have been guilty of a violation of division	1184
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1185
sentenced under section 2971.03 of the Revised Code;	1186

(3) Gross sexual imposition or sexual battery, if the victim	1187
is less than thirteen years of age and if any of the following	1188
applies:	1189

(a) Regarding gross sexual imposition, the offender	1190
previously was convicted of or pleaded guilty to rape, the former	1191
offense of felonious sexual penetration, gross sexual imposition,	1192
or sexual battery, and the victim of the previous offense was less	1193
than thirteen years of age;	1194

(b) Regarding gross sexual imposition, the offense was	1195
committed on or after August 3, 2006, and evidence other than the	1196
testimony of the victim was admitted in the case corroborating the	1197
violation.	1198

(c) Regarding sexual battery, either of the following	1199
applies:	1200

(i) The offense was committed prior to August 3, 2006, the	1201
offender previously was convicted of or pleaded guilty to rape,	1202
the former offense of felonious sexual penetration, or sexual	1203
battery, and the victim of the previous offense was less than	1204
thirteen years of age.	1205

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

1206

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1207
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	1208
if the section requires the imposition of a prison term;	1209

(5) A first, second, or third degree felony drug offense for	1210
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1211
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1212
4729.99 of the Revised Code, whichever is applicable regarding the	1213
violation, requires the imposition of a mandatory prison term;	1214

(6) Any offense that is a first or second degree felony and	1215
that is not set forth in division (F)(1), (2), (3), or (4) of this	1216
section, if the offender previously was convicted of or pleaded	1217
guilty to aggravated murder, murder, any first or second degree	1218
felony, or an offense under an existing or former law of this	1219
state, another state, or the United States that is or was	1220
substantially equivalent to one of those offenses;	1221

(7) Any offense that is a third degree felony and either is a	1222
violation of section 2903.04 of the Revised Code or an attempt to	1223
commit a felony of the second degree that is an offense of	1224
violence and involved an attempt to cause serious physical harm to	1225
a person or that resulted in serious physical harm to a person if	1226
the offender previously was convicted of or pleaded guilty to any	1227
of the following offenses:	1228

(a) Aggravated murder, murder, involuntary manslaughter,	1229
rape, felonious sexual penetration as it existed under section	1230
2907.12 of the Revised Code prior to September 3, 1996, a felony	1231
of the first or second degree that resulted in the death of a	1232
person or in physical harm to a person, or complicity in or an	1233
attempt to commit any of those offenses;	1234

(b) An offense under an existing or former law of this state,	1235
another state, or the United States that is or was substantially	1236
equivalent to an offense listed in division (F)(7)(a) of this	1237
section that resulted in the death of a person or in physical harm	1238
to a person.	1239

(8) Any offense, other than a violation of section 2923.12 of	1240
the Revised Code, that is a felony, if the offender had a firearm	1241
on or about the offender's person or under the offender's control	1242
while committing the felony, with respect to a portion of the	1243
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	1244
of the Revised Code for having the firearm;	1245

(9) Any offense of violence that is a felony, if the offender	1246
wore or carried body armor while committing the felony offense of	1247
violence, with respect to the portion of the sentence imposed	1248
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	1249
Code for wearing or carrying the body armor;	1250

(10) Corrupt activity in violation of section 2923.32 of the	1251
Revised Code when the most serious offense in the pattern of	1252
corrupt activity that is the basis of the offense is a felony of	1253
the first degree;	1254

(11) Any violent sex offense or designated homicide, assault,	1255
or kidnapping offense if, in relation to that offense, the	1256
offender is adjudicated a sexually violent predator;	1257

(12) A violation of division (A)(1) or (2) of section 2921.36	1258
of the Revised Code, or a violation of division (C) of that	1259
section involving an item listed in division (A)(1) or (2) of that	1260
section, if the offender is an officer or employee of the	1261
department of rehabilitation and correction;	1262

(13) A violation of division (A)(1) or (2) of section 2903.06	1263
of the Revised Code if the victim of the offense is a peace	1264
officer, as defined in section 2935.01 of the Revised Code, or an	1265
investigator of the bureau of criminal identification and	1266
investigation, as defined in section 2903.11 of the Revised Code,	1267
with respect to the portion of the sentence imposed pursuant to	1268
division (B)(5) of section 2929.14 of the Revised Code;	1269

(14) A violation of division (A)(1) or (2) of section 2903.06	1270
of the Revised Code if the offender has been convicted of or	1271
pleaded guilty to three or more violations of division (A) or (B)	1272
of section 4511.19 of the Revised Code or an equivalent offense,	1273
as defined in section 2941.1415 of the Revised Code, or three or	1274
more violations of any combination of those divisions and	1275
offenses, with respect to the portion of the sentence imposed	1276
pursuant to division (B)(6) of section 2929.14 of the Revised	1277
Code;	1278

(15) Kidnapping, in the circumstances specified in section	1279
2971.03 of the Revised Code and when no other provision of	1280
division (F) of this section applies;	1281

(16) Kidnapping, abduction, compelling prostitution,	1282
promoting prostitution, engaging in a pattern of corrupt activity,	1283
illegal use of a minor in a nudity-oriented material or	1284
performance in violation of division (A)(1) or (2) of section	1285
2907.323 of the Revised Code, or endangering children in violation	1286
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	1287
the Revised Code, if the offender is convicted of or pleads guilty	1288
to a specification as described in section 2941.1422 of the	1289
Revised Code that was included in the indictment, count in the	1290
indictment, or information charging the offense;	1291

(17) A felony violation of division (A) or (B) of section	1292
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	1293
that section, and division (D)(6) of that section, require the	1294
imposition of a prison term;	1295

(18) A felony violation of section 2903.11, 2903.12, or	1296
2903.13 of the Revised Code, if the victim of the offense was a	1297
woman that the offender knew was pregnant at the time of the	1298
violation, with respect to a portion of the sentence imposed	1299
pursuant to division (B)(8) of section 2929.14 of the Revised	1300
Code.	1301

(G) Notwithstanding divisions (A) to (E) of this section, if	1302
an offender is being sentenced for a fourth degree felony OVI	1303
offense or for a third degree felony OVI offense, the court shall	1304
impose upon the offender a mandatory term of local incarceration	1305
or a mandatory prison term in accordance with the following:	1306

(1) If the offender is being sentenced for a fourth degree	1307
felony OVI offense and if the offender has not been convicted of	1308
and has not pleaded guilty to a specification of the type	1309
described in section 2941.1413 of the Revised Code, the court may	1310
impose upon the offender a mandatory term of local incarceration	1311
of sixty days or one hundred twenty days as specified in division	1312
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1313
not reduce the term pursuant to section 2929.20, 2967.193, or any	1314
other provision of the Revised Code. The court that imposes a	1315
mandatory term of local incarceration under this division shall	1316
specify whether the term is to be served in a jail, a	1317
community-based correctional facility, a halfway house, or an	1318
alternative residential facility, and the offender shall serve the	1319
term in the type of facility specified by the court. A mandatory	1320
term of local incarceration imposed under division (G)(1) of this	1321
section is not subject to any other Revised Code provision that	1322
pertains to a prison term except as provided in division (A)(1) of	1323
this section.	1324

(2) If the offender is being sentenced for a third degree	1325
felony OVI offense, or if the offender is being sentenced for a	1326
fourth degree felony OVI offense and the court does not impose a	1327
mandatory term of local incarceration under division (G)(1) of	1328
this section, the court shall impose upon the offender a mandatory	1329
prison term of one, two, three, four, or five years if the	1330
offender also is convicted of or also pleads guilty to a	1331
specification of the type described in section 2941.1413 of the	1332
Revised Code or shall impose upon the offender a mandatory prison	1333
term of sixty days or one hundred twenty days as specified in	1334
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1335
if the offender has not been convicted of and has not pleaded	1336
guilty to a specification of that type. Subject to divisions (C)	1337
to (I) of section 2967.19 of the Revised Code, the court shall not	1338
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	1339
any other provision of the Revised Code. The offender shall serve	1340
the one-, two-, three-, four-, or five-year mandatory prison term	1341
consecutively to and prior to the prison term imposed for the	1342
underlying offense and consecutively to any other mandatory prison	1343
term imposed in relation to the offense. In no case shall an	1344
offender who once has been sentenced to a mandatory term of local	1345
incarceration pursuant to division (G)(1) of this section for a	1346
fourth degree felony OVI offense be sentenced to another mandatory	1347
term of local incarceration under that division for any violation	1348
of division (A) of section 4511.19 of the Revised Code. In	1349
addition to the mandatory prison term described in division (G)(2)	1350
of this section, the court may sentence the offender to a	1351
community control sanction under section 2929.16 or 2929.17 of the	1352
Revised Code, but the offender shall serve the prison term prior	1353
to serving the community control sanction. The department of	1354
rehabilitation and correction may place an offender sentenced to a	1355
mandatory prison term under this division in an intensive program	1356
prison established pursuant to section 5120.033 of the Revised	1357
Code if the department gave the sentencing judge prior notice of	1358
its intent to place the offender in an intensive program prison	1359
established under that section and if the judge did not notify the	1360
department that the judge disapproved the placement. Upon the	1361
establishment of the initial intensive program prison pursuant to	1362
section 5120.033 of the Revised Code that is privately operated	1363
and managed by a contractor pursuant to a contract entered into	1364
under section 9.06 of the Revised Code, both of the following	1365
apply:	1366

(a) The department of rehabilitation and correction shall	1367
make a reasonable effort to ensure that a sufficient number of	1368
offenders sentenced to a mandatory prison term under this division	1369
are placed in the privately operated and managed prison so that	1370
the privately operated and managed prison has full occupancy.	1371

(b) Unless the privately operated and managed prison has full	1372
occupancy, the department of rehabilitation and correction shall	1373
not place any offender sentenced to a mandatory prison term under	1374
this division in any intensive program prison established pursuant	1375
to section 5120.033 of the Revised Code other than the privately	1376
operated and managed prison.	1377

(H) If an offender is being sentenced for a sexually oriented	1378
offense or child-victim oriented offense that is a felony	1379
committed on or after January 1, 1997, the judge shall require the	1380
offender to submit to a DNA specimen collection procedure pursuant	1381
to section 2901.07 of the Revised Code.	1382

(I) If an offender is being sentenced for a sexually oriented	1383
offense or a child-victim oriented offense committed on or after	1384
January 1, 1997, the judge shall include in the sentence a summary	1385
of the offender's duties imposed under sections 2950.04, 2950.041,	1386
2950.05, and 2950.06 of the Revised Code and the duration of the	1387
duties. The judge shall inform the offender, at the time of	1388
sentencing, of those duties and of their duration. If required	1389
under division (A)(2) of section 2950.03 of the Revised Code, the	1390
judge shall perform the duties specified in that section, or, if	1391
required under division (A)(6) of section 2950.03 of the Revised	1392
Code, the judge shall perform the duties specified in that	1393
division.	1394

(J)(1) Except as provided in division (J)(2) of this section,	1395
when considering sentencing factors under this section in relation	1396
to an offender who is convicted of or pleads guilty to an attempt	1397
to commit an offense in violation of section 2923.02 of the	1398
Revised Code, the sentencing court shall consider the factors	1399
applicable to the felony category of the violation of section	1400
2923.02 of the Revised Code instead of the factors applicable to	1401
the felony category of the offense attempted.	1402

(2) When considering sentencing factors under this section in	1403
relation to an offender who is convicted of or pleads guilty to an	1404
attempt to commit a drug abuse offense for which the penalty is	1405
determined by the amount or number of unit doses of the controlled	1406
substance involved in the drug abuse offense, the sentencing court	1407
shall consider the factors applicable to the felony category that	1408
the drug abuse offense attempted would be if that drug abuse	1409
offense had been committed and had involved an amount or number of	1410
unit doses of the controlled substance that is within the next	1411
lower range of controlled substance amounts than was involved in	1412
the attempt.	1413

(K) As used in this section:

1414

(1) "Drug abuse offense" has the same meaning as in section	1415
2925.01 of the Revised Code.	1416

(2) "Qualifying assault offense" means a violation of section	1417
2903.13 of the Revised Code for which the penalty provision in	1418
division (C)(8)(b) or (C)(9)(b) of that section applies.	1419

(L) At the time of sentencing an offender for any sexually	1420
oriented offense, if the offender is a tier III sex	1421
offender/child-victim offender relative to that offense and the	1422
offender does not serve a prison term or jail term, the court may	1423
require that the offender be monitored by means of a global	1424
positioning device. If the court requires such monitoring, the	1425
cost of monitoring shall be borne by the offender. If the offender	1426
is indigent, the cost of compliance shall be paid by the crime	1427
victims reparations fund.	1428

(M) This section shall not apply to a violation of section	1429
2925.11 of the Revised Code if a sentencing court directly imposes	1430
a community control sanction pursuant to division (A)(1)(b) of	1431
section 2929.15 of the Revised Code.	1432

Sec. 2929.15.  (A)(1) If(a) Except as provided in divisions	1433
(A)(1)(b) and (c) of this section, if in sentencing an offender	1434
for a felony the court is not required to impose a prison term, a	1435
mandatory prison term, or a term of life imprisonment upon the	1436
offender, the court may directly impose a sentence that consists	1437
of one or more community control sanctions authorized pursuant to	1438
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	1439
court is sentencing an offender for a fourth degree felony OVI	1440
offense under division (G)(1) of section 2929.13 of the Revised	1441
Code, in addition to the mandatory term of local incarceration	1442
imposed under that division and the mandatory fine required by	1443
division (B)(3) of section 2929.18 of the Revised Code, the court	1444
may impose upon the offender a community control sanction or	1445
combination of community control sanctions in accordance with	1446
sections 2929.16 and 2929.17 of the Revised Code. If the court is	1447
sentencing an offender for a third or fourth degree felony OVI	1448
offense under division (G)(2) of section 2929.13 of the Revised	1449
Code, in addition to the mandatory prison term or mandatory prison	1450
term and additional prison term imposed under that division, the	1451
court also may impose upon the offender a community control	1452
sanction or combination of community control sanctions under	1453
section 2929.16 or 2929.17 of the Revised Code, but the offender	1454
shall serve all of the prison terms so imposed prior to serving	1455
the community control sanction.	1456

(b)(i) In sentencing an offender for a felony violation of	1457
section 2925.11 of the Revised Code, the sentencing court shall	1458
directly impose a sentence that consists of the community control	1459
sanction authorized by division (D) of section 2929.17 of the	1460
Revised Code if the court is not required to impose a mandatory	1461
prison term, the offender has filed a motion with the court that	1462
requests the court to directly impose a sentence that consists of	1463
the community control sanction authorized by that division, and	1464
the violation is the offender's first or second violation	1465
sentenced under this division.	1466

(ii) The sentencing court may directly impose a sentence that	1467
consists of the community control sanction authorized by division	1468
(D) of section 2929.17 of the Revised Code for a subsequent felony	1469
violation of section 2925.11 of the Revised Code if the offender	1470
has filed a motion with the court that requests the court to place	1471
the offender in a drug treatment program. If the sentencing court	1472
does not impose the community control sanction for a subsequent	1473
violation, the court shall sentence the offender under section	1474
2929.14 of the Revised Code.	1475

(iii) The term of the community control sanction imposed	1476
under division (A)(1)(b)(i) or (ii) of this section shall not	1477
exceed eighteen months.	1478

(c) An offender shall not be sentenced to a drug treatment	1479
program under division (A)(1)(b) of this section if the offender	1480
either was convicted of or pleaded guilty to an offense of	1481
violence in the five years preceding the sentencing or was	1482
convicted of or pleaded guilty to any of the following offenses	1483
committed during the same event or related events as the violation	1484
of section 2925.11 of the Revised Code:	1485

(i) A felony violation of a different offense;

1486

(ii) An offense of violence;

1487

(iii) A theft offense;

1488

(iv) A violation of section 2925.03, 2925.04, 2925.041,	1489
2925.05, or 4511.19 of the Revised Code.	1490

(d) If an offender is sentenced under division (A)(1)(b) of	1491
this section for two or more violations of section 2925.11 of the	1492
Revised Code committed by the offender during the same event or	1493
related events, the violations shall be considered a single	1494
violation.	1495

(e) The duration of all community control sanctions imposed	1496
upon an offender under this division and division (B) of this	1497
section shall not exceed five years. If the offender absconds or	1498
otherwise leaves the jurisdiction of the court in which the	1499
offender resides without obtaining permission from the court or	1500
the offender's probation officer to leave the jurisdiction of the	1501
court, or if the offender is confined in any institution for the	1502
commission of any offense while under a community control	1503
sanction, the period of the community control sanction ceases to	1504
run until the offender is brought before the court for its further	1505
action. If the court sentences the offender to one or more	1506
nonresidential sanctions under section 2929.17 of the Revised	1507
Code, the court shall impose as a condition of the nonresidential	1508
sanctions that, during the period of the sanctions, the offender	1509
must abide by the law and must not leave the state without the	1510
permission of the court or the offender's probation officer. The	1511
Except when the court imposes a community control sanction under	1512
division (A)(1)(b) of this section, the court may impose any other	1513
conditions of release under a community control sanction that the	1514
court considers appropriate, including, but not limited to,	1515
requiring that the offender not ingest or be injected with a drug	1516
of abuse and submit to random drug testing as provided in division	1517
(D) of this section to determine whether the offender ingested or	1518
was injected with a drug of abuse and requiring that the results	1519
of the drug test indicate that the offender did not ingest or was	1520
not injected with a drug of abuse.	1521

(2)(a) If a court sentences an offender to any community	1522
control sanction or combination of community control sanctions	1523
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	1524
Revised Code, the court shall place the offender under the general	1525
control and supervision of a department of probation in the county	1526
that serves the court for purposes of reporting to the court a	1527
violation of any condition of the sanctions, any condition of	1528
release under a community control sanction imposed by the court, a	1529
violation of law, or the departure of the offender from this state	1530
without the permission of the court or the offender's probation	1531
officer. Alternatively, if the offender resides in another county	1532
and a county department of probation has been established in that	1533
county or that county is served by a multicounty probation	1534
department established under section 2301.27 of the Revised Code,	1535
the court may request the court of common pleas of that county to	1536
receive the offender into the general control and supervision of	1537
that county or multicounty department of probation for purposes of	1538
reporting to the court a violation of any condition of the	1539
sanctions, any condition of release under a community control	1540
sanction imposed by the court, a violation of law, or the	1541
departure of the offender from this state without the permission	1542
of the court or the offender's probation officer, subject to the	1543
jurisdiction of the trial judge over and with respect to the	1544
person of the offender, and to the rules governing that department	1545
of probation.	1546

If there is no department of probation in the county that	1547
serves the court, the court shall place the offender, regardless	1548
of the offender's county of residence, under the general control	1549
and supervision of the adult parole authority for purposes of	1550
reporting to the court a violation of any of the sanctions, any	1551
condition of release under a community control sanction imposed by	1552
the court, a violation of law, or the departure of the offender	1553
from this state without the permission of the court or the	1554
offender's probation officer.	1555

(b) If the court imposing sentence upon an offender sentences	1556
the offender to any community control sanction or combination of	1557
community control sanctions authorized pursuant to section	1558
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	1559
offender violates any condition of the sanctions, any condition of	1560
release under a community control sanction imposed by the court,	1561
violates any law, or departs the state without the permission of	1562
the court or the offender's probation officer, the public or	1563
private person or entity that operates or administers the sanction	1564
or the program or activity that comprises the sanction shall	1565
report the violation or departure directly to the sentencing	1566
court, or shall report the violation or departure to the county or	1567
multicounty department of probation with general control and	1568
supervision over the offender under division (A)(2)(a) of this	1569
section or the officer of that department who supervises the	1570
offender, or, if there is no such department with general control	1571
and supervision over the offender under that division, to the	1572
adult parole authority. If the public or private person or entity	1573
that operates or administers the sanction or the program or	1574
activity that comprises the sanction reports the violation or	1575
departure to the county or multicounty department of probation or	1576
the adult parole authority, the department's or authority's	1577
officers may treat the offender as if the offender were on	1578
probation and in violation of the probation, and shall report the	1579
violation of the condition of the sanction, any condition of	1580
release under a community control sanction imposed by the court,	1581
the violation of law, or the departure from the state without the	1582
required permission to the sentencing court.	1583

(3) If an offender who is eligible for community control	1584
sanctions under this section admits to being drug addicted or the	1585
court has reason to believe that the offender is drug addicted,	1586
and if the offense for which the offender is being sentenced was	1587
related to the addiction, the court may require that the offender	1588
be assessed by a properly credentialed professional within a	1589
specified period of time and shall require the professional to	1590
file a written assessment of the offender with the court. If a	1591
court imposes treatment and recovery support services as a	1592
community control sanction, the court shall direct the level and	1593
type of treatment and recovery support services after	1594
consideration of the written assessment, if available at the time	1595
of sentencing, and recommendations of the professional and other	1596
treatment and recovery support services providers.	1597

(4) If an assessment completed pursuant to division (A)(3) of	1598
this section indicates that the offender is addicted to drugs or	1599
alcohol, the court may include in any community control sanction	1600
imposed for a violation of section 2925.02, 2925.03, 2925.04,	1601
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	1602
2925.37 of the Revised Code a requirement that the offender	1603
participate in a treatment and recovery support services program	1604
certified under section 5119.36 of the Revised Code or offered by	1605
another properly credentialed community addiction services	1606
provider.	1607

(5) Divisions (A)(3) and (4) of this section do not apply if	1608
an offender is sentenced pursuant to division (A)(1)(b) of this	1609
section.	1610

(B)(1) If the conditions of a community control sanction are	1611
violated or if the offender violates a law or leaves the state	1612
without the permission of the court or the offender's probation	1613
officer, the sentencing court may impose upon the violator one or	1614
more of the following penalties:	1615

(a) A longer time under the same sanction if the total time	1616
under the sanctions does not exceed the five-year limit specified	1617
in division (A) of this section;	1618

(b) A more restrictive sanction under section 2929.16,	1619
2929.17, or 2929.18 of the Revised Code;	1620

(c) A prison term on the offender pursuant to section 2929.14	1621
of the Revised Code.	1622

(2) The prison term, if any, imposed upon a violator pursuant	1623
to this division shall be within the range of prison terms	1624
available for the offense for which the sanction that was violated	1625
was imposed and shall not exceed the prison term specified in the	1626
notice provided to the offender at the sentencing hearing pursuant	1627
to division (B)(2)(4) of section 2929.19 of the Revised Code. The	1628
court may reduce the longer period of time that the offender is	1629
required to spend under the longer sanction, the more restrictive	1630
sanction, or a prison term imposed pursuant to this division by	1631
the time the offender successfully spent under the sanction that	1632
was initially imposed.	1633

(C) If an offender, for a significant period of time,	1634
fulfills the conditions of a sanction imposed pursuant to section	1635
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	1636
manner, the court may reduce the period of time under the sanction	1637
or impose a less restrictive sanction, but the court shall not	1638
permit the offender to violate any law or permit the offender to	1639
leave the state without the permission of the court or the	1640
offender's probation officer.	1641

(D)(1) If a court under division (A)(1)(a) of this section	1642
imposes a condition of release under a community control sanction	1643
that requires the offender to submit to random drug testing, the	1644
department of probation or the adult parole authority that has	1645
general control and supervision of the offender under division	1646
(A)(2)(a) of this section may cause the offender to submit to	1647
random drug testing performed by a laboratory or entity that has	1648
entered into a contract with any of the governmental entities or	1649
officers authorized to enter into a contract with that laboratory	1650
or entity under section 341.26, 753.33, or 5120.63 of the Revised	1651
Code.	1652

(2) If no laboratory or entity described in division (D)(1)	1653
of this section has entered into a contract as specified in that	1654
division, the department of probation or the adult parole	1655
authority that has general control and supervision of the offender	1656
under division (A)(2)(a) of this section shall cause the offender	1657
to submit to random drug testing performed by a reputable public	1658
laboratory to determine whether the individual who is the subject	1659
of the drug test ingested or was injected with a drug of abuse.	1660

(3) A laboratory or entity that has entered into a contract	1661
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	1662
shall perform the random drug tests under division (D)(1) of this	1663
section in accordance with the applicable standards that are	1664
included in the terms of that contract. A public laboratory shall	1665
perform the random drug tests under division (D)(2) of this	1666
section in accordance with the standards set forth in the policies	1667
and procedures established by the department of rehabilitation and	1668
correction pursuant to section 5120.63 of the Revised Code. An	1669
offender who is required under division (A)(1) of this section to	1670
submit to random drug testing as a condition of release under a	1671
community control sanction and whose test results indicate that	1672
the offender ingested or was injected with a drug of abuse shall	1673
pay the fee for the drug test if the department of probation or	1674
the adult parole authority that has general control and	1675
supervision of the offender requires payment of a fee. A	1676
laboratory or entity that performs the random drug testing on an	1677
offender under division (D)(1) or (2) of this section shall	1678
transmit the results of the drug test to the appropriate	1679
department of probation or the adult parole authority that has	1680
general control and supervision of the offender under division	1681
(A)(2)(a) of this section.	1682

(E) As used in this section, "theft offense" has the same	1683
meaning as in section 2913.01 of the Revised Code.	1684

Sec. 2929.19.  (A) The court shall hold a sentencing hearing	1685
before imposing a sentence under this chapter upon an offender who	1686
was convicted of or pleaded guilty to a felony and before	1687
resentencing an offender who was convicted of or pleaded guilty to	1688
a felony and whose case was remanded pursuant to section 2953.07	1689
or 2953.08 of the Revised Code. At the hearing, the offender, the	1690
prosecuting attorney, the victim or the victim's representative in	1691
accordance with section 2930.14 of the Revised Code, and, with the	1692
approval of the court, any other person may present information	1693
relevant to the imposition of sentence in the case. The court	1694
shall inform the offender of the verdict of the jury or finding of	1695
the court and ask the offender whether the offender has anything	1696
to say as to why sentence should not be imposed upon the offender.	1697

(B)(1) At the sentencing hearing, the court, before imposing	1698
sentence, shall consider the record, any information presented at	1699
the hearing by any person pursuant to division (A) of this	1700
section, and, if one was prepared, the presentence investigation	1701
report made pursuant to section 2951.03 of the Revised Code or	1702
Criminal Rule 32.2, and any victim impact statement made pursuant	1703
to section 2947.051 of the Revised Code.	1704

(2) Subject to division (B)(3) of this section, if the	1705
sentencing court determines at the sentencing hearing that a	1706
prison term is necessary or required, the court shall do all of	1707
the following:	1708

(a) Impose a stated prison term and, if the court imposes a	1709
mandatory prison term, notify the offender that the prison term is	1710
a mandatory prison term;	1711

(b) In addition to any other information, include in the	1712
sentencing entry the name and section reference to the offense or	1713
offenses, the sentence or sentences imposed and whether the	1714
sentence or sentences contain mandatory prison terms, if sentences	1715
are imposed for multiple counts whether the sentences are to be	1716
served concurrently or consecutively, and the name and section	1717
reference of any specification or specifications for which	1718
sentence is imposed and the sentence or sentences imposed for the	1719
specification or specifications;	1720

(c) Notify the offender that the offender will be supervised	1721
under section 2967.28 of the Revised Code after the offender	1722
leaves prison if the offender is being sentenced for a felony of	1723
the first degree or second degree, for a felony sex offense, or	1724
for a felony of the third degree that is not a felony sex offense	1725
and in the commission of which the offender caused or threatened	1726
to cause physical harm to a person. This division applies with	1727
respect to all prison terms imposed for an offense of a type	1728
described in this division, including a term imposed for any such	1729
offense that is a risk reduction sentence, as defined in section	1730
2967.28 of the Revised Code. If a court imposes a sentence	1731
including a prison term of a type described in division (B)(2)(c)	1732
of this section on or after July 11, 2006, the failure of a court	1733
to notify the offender pursuant to division (B)(2)(c) of this	1734
section that the offender will be supervised under section 2967.28	1735
of the Revised Code after the offender leaves prison or to include	1736
in the judgment of conviction entered on the journal a statement	1737
to that effect does not negate, limit, or otherwise affect the	1738
mandatory period of supervision that is required for the offender	1739
under division (B) of section 2967.28 of the Revised Code. Section	1740
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	1741
court imposed a sentence including a prison term of a type	1742
described in division (B)(2)(c) of this section and failed to	1743
notify the offender pursuant to division (B)(2)(c) of this section	1744
regarding post-release control or to include in the judgment of	1745
conviction entered on the journal or in the sentence a statement	1746
regarding post-release control.	1747

(d) Notify the offender that the offender may be supervised	1748
under section 2967.28 of the Revised Code after the offender	1749
leaves prison if the offender is being sentenced for a felony of	1750
the third, fourth, or fifth degree that is not subject to division	1751
(B)(2)(c) of this section. This division applies with respect to	1752
all prison terms imposed for an offense of a type described in	1753
this division, including a term imposed for any such offense that	1754
is a risk reduction sentence, as defined in section 2967.28 of the	1755
Revised Code. Section 2929.191 of the Revised Code applies if,	1756
prior to July 11, 2006, a court imposed a sentence including a	1757
prison term of a type described in division (B)(2)(d) of this	1758
section and failed to notify the offender pursuant to division	1759
(B)(2)(d) of this section regarding post-release control or to	1760
include in the judgment of conviction entered on the journal or in	1761
the sentence a statement regarding post-release control.	1762

(e) Notify the offender that, if a period of supervision is	1763
imposed following the offender's release from prison, as described	1764
in division (B)(2)(c) or (d) of this section, and if the offender	1765
violates that supervision or a condition of post-release control	1766
imposed under division (B) of section 2967.131 of the Revised	1767
Code, the parole board may impose a prison term, as part of the	1768
sentence, of up to one-half of the stated prison term originally	1769
imposed upon the offender. If a court imposes a sentence including	1770
a prison term on or after July 11, 2006, the failure of a court to	1771
notify the offender pursuant to division (B)(2)(e) of this section	1772
that the parole board may impose a prison term as described in	1773
division (B)(2)(e) of this section for a violation of that	1774
supervision or a condition of post-release control imposed under	1775
division (B) of section 2967.131 of the Revised Code or to include	1776
in the judgment of conviction entered on the journal a statement	1777
to that effect does not negate, limit, or otherwise affect the	1778
authority of the parole board to so impose a prison term for a	1779
violation of that nature if, pursuant to division (D)(1) of	1780
section 2967.28 of the Revised Code, the parole board notifies the	1781
offender prior to the offender's release of the board's authority	1782
to so impose a prison term. Section 2929.191 of the Revised Code	1783
applies if, prior to July 11, 2006, a court imposed a sentence	1784
including a prison term and failed to notify the offender pursuant	1785
to division (B)(2)(e) of this section regarding the possibility of	1786
the parole board imposing a prison term for a violation of	1787
supervision or a condition of post-release control.	1788

(f) Require that the offender not ingest or be injected with	1789
a drug of abuse and submit to random drug testing as provided in	1790
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	1791
is applicable to the offender who is serving a prison term, and	1792
require that the results of the drug test administered under any	1793
of those sections indicate that the offender did not ingest or was	1794
not injected with a drug of abuse.	1795

(g)(i) Determine, notify the offender of, and include in the	1796
sentencing entry the number of days that the offender has been	1797
confined for any reason arising out of the offense for which the	1798
offender is being sentenced and by which the department of	1799
rehabilitation and correction must reduce the stated prison term	1800
under section 2967.191 of the Revised Code. The court's	1801
calculation shall not include the number of days, if any, that the	1802
offender previously served in the custody of the department of	1803
rehabilitation and correction arising out of the offense for which	1804
the prisoner was convicted and sentenced.	1805

(ii) In making a determination under division (B)(2)(g)(i) of	1806
this section, the court shall consider the arguments of the	1807
parties and conduct a hearing if one is requested.	1808

(iii) The sentencing court retains continuing jurisdiction to	1809
correct any error not previously raised at sentencing in making a	1810
determination under division (B)(2)(g)(i) of this section. The	1811
offender may, at any time after sentencing, file a motion in the	1812
sentencing court to correct any error made in making a	1813
determination under division (B)(2)(g)(i) of this section, and the	1814
court may in its discretion grant or deny that motion. If the	1815
court changes the number of days in its determination or	1816
redetermination, the court shall cause the entry granting that	1817
change to be delivered to the department of rehabilitation and	1818
correction without delay. Sections 2931.15 and 2953.21 of the	1819
Revised Code do not apply to a motion made under this section.	1820

(iv) An inaccurate determination under division (B)(2)(g)(i)	1821
of this section is not grounds for setting aside the offender's	1822
conviction or sentence and does not otherwise render the sentence	1823
void or voidable.	1824

(3)(a) The court shall include in the offender's sentence a	1825
statement that the offender is a tier III sex	1826
offender/child-victim offender, and the court shall comply with	1827
the requirements of section 2950.03 of the Revised Code if any of	1828
the following apply:	1829

(i) The offender is being sentenced for a violent sex offense	1830
or designated homicide, assault, or kidnapping offense that the	1831
offender committed on or after January 1, 1997, and the offender	1832
is adjudicated a sexually violent predator in relation to that	1833
offense.	1834

(ii) The offender is being sentenced for a sexually oriented	1835
offense that the offender committed on or after January 1, 1997,	1836
and the offender is a tier III sex offender/child-victim offender	1837
relative to that offense.	1838

(iii) The offender is being sentenced on or after July 31,	1839
2003, for a child-victim oriented offense, and the offender is a	1840
tier III sex offender/child-victim offender relative to that	1841
offense.	1842

(iv) The offender is being sentenced under section 2971.03 of	1843
the Revised Code for a violation of division (A)(1)(b) of section	1844
2907.02 of the Revised Code committed on or after January 2, 2007.	1845

(v) The offender is sentenced to a term of life without	1846
parole under division (B) of section 2907.02 of the Revised Code.	1847

(vi) The offender is being sentenced for attempted rape	1848
committed on or after January 2, 2007, and a specification of the	1849
type described in section 2941.1418, 2941.1419, or 2941.1420 of	1850
the Revised Code.	1851

(vii) The offender is being sentenced under division	1852
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	1853
for an offense described in those divisions committed on or after	1854
January 1, 2008.	1855

(b) Additionally, if any criterion set forth in divisions	1856
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	1857
circumstances described in division (E) of section 2929.14 of the	1858
Revised Code, the court shall impose sentence on the offender as	1859
described in that division.	1860

(4) If the sentencing court determines at the sentencing	1861
hearing that a community control sanction should be imposed and	1862
the court is not prohibited from imposing a community control	1863
sanction, the court shall impose a community control sanction. If	1864
the sentencing court determines at the sentencing hearing that the	1865
court is required to impose a community control sanction under	1866
division (A)(1)(b) of section 2929.15 of the Revised Code, the	1867
court shall impose the community control sanction specified in	1868
division (A)(1)(b)(i) of that section. The court shall notify the	1869
offender that, if the conditions of theany sanction imposed under	1870
this division are violated, if the offender commits a violation of	1871
any law, or if the offender leaves this state without the	1872
permission of the court or the offender's probation officer, the	1873
court may impose a longer time under the same sanction, may impose	1874
a more restrictive sanction, or may impose a prison term on the	1875
offender and shall indicate the specific prison term that may be	1876
imposed as a sanction for the violation, as selected by the court	1877
from the range of prison terms for the offense pursuant to section	1878
2929.14 of the Revised Code.	1879

(5) Before imposing a financial sanction under section	1880
2929.18 of the Revised Code or a fine under section 2929.32 of the	1881
Revised Code, the court shall consider the offender's present and	1882
future ability to pay the amount of the sanction or fine.	1883

(6) If the sentencing court sentences the offender to a	1884
sanction of confinement pursuant to section 2929.14 or 2929.16 of	1885
the Revised Code that is to be served in a local detention	1886
facility, as defined in section 2929.36 of the Revised Code, and	1887
if the local detention facility is covered by a policy adopted	1888
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	1889
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	1890
and section 2929.37 of the Revised Code, both of the following	1891
apply:	1892

(a) The court shall specify both of the following as part of	1893
the sentence:	1894

(i) If the offender is presented with an itemized bill	1895
pursuant to section 2929.37 of the Revised Code for payment of the	1896
costs of confinement, the offender is required to pay the bill in	1897
accordance with that section.	1898

(ii) If the offender does not dispute the bill described in	1899
division (B)(6)(a)(i) of this section and does not pay the bill by	1900
the times specified in section 2929.37 of the Revised Code, the	1901
clerk of the court may issue a certificate of judgment against the	1902
offender as described in that section.	1903

(b) The sentence automatically includes any certificate of	1904
judgment issued as described in division (B)(6)(a)(ii) of this	1905
section.	1906

(7) The failure of the court to notify the offender that a	1907
prison term is a mandatory prison term pursuant to division	1908
(B)(2)(a) of this section or to include in the sentencing entry	1909
any information required by division (B)(2)(b) of this section	1910
does not affect the validity of the imposed sentence or sentences.	1911
If the sentencing court notifies the offender at the sentencing	1912
hearing that a prison term is mandatory but the sentencing entry	1913
does not specify that the prison term is mandatory, the court may	1914
complete a corrected journal entry and send copies of the	1915
corrected entry to the offender and the department of	1916
rehabilitation and correction, or, at the request of the state,	1917
the court shall complete a corrected journal entry and send copies	1918
of the corrected entry to the offender and department of	1919
rehabilitation and correction.	1920

(C)(1) If the offender is being sentenced for a fourth degree	1921
felony OVI offense under division (G)(1) of section 2929.13 of the	1922
Revised Code, the court shall impose the mandatory term of local	1923
incarceration in accordance with that division, shall impose a	1924
mandatory fine in accordance with division (B)(3) of section	1925
2929.18 of the Revised Code, and, in addition, may impose	1926
additional sanctions as specified in sections 2929.15, 2929.16,	1927
2929.17, and 2929.18 of the Revised Code. The court shall not	1928
impose a prison term on the offender except that the court may	1929
impose a prison term upon the offender as provided in division	1930
(A)(1) of section 2929.13 of the Revised Code.	1931

(2) If the offender is being sentenced for a third or fourth	1932
degree felony OVI offense under division (G)(2) of section 2929.13	1933
of the Revised Code, the court shall impose the mandatory prison	1934
term in accordance with that division, shall impose a mandatory	1935
fine in accordance with division (B)(3) of section 2929.18 of the	1936
Revised Code, and, in addition, may impose an additional prison	1937
term as specified in section 2929.14 of the Revised Code. In	1938
addition to the mandatory prison term or mandatory prison term and	1939
additional prison term the court imposes, the court also may	1940
impose a community control sanction on the offender, but the	1941
offender shall serve all of the prison terms so imposed prior to	1942
serving the community control sanction.	1943

(D) The sentencing court, pursuant to division (I)(1) of	1944
section 2929.14 of the Revised Code, may recommend placement of	1945
the offender in a program of shock incarceration under section	1946
5120.031 of the Revised Code or an intensive program prison under	1947
section 5120.032 of the Revised Code, disapprove placement of the	1948
offender in a program or prison of that nature, or make no	1949
recommendation. If the court recommends or disapproves placement,	1950
it shall make a finding that gives its reasons for its	1951
recommendation or disapproval.	1952

Sec. 2929.25.  (A)(1) Except as provided in division (A)(2)	1953
of this section and sections 2929.22 and 2929.23 of the Revised	1954
Code, or when a jail term is required by law, in sentencing an	1955
offender for a misdemeanor, other than a minor misdemeanor, the	1956
sentencing court may do either of the following:	1957

(a) Directly impose a sentence that consists of one or more	1958
community control sanctions authorized by section 2929.26,	1959
2929.27, or 2929.28 of the Revised Code. The court may impose any	1960
other conditions of release under a community control sanction	1961
that the court considers appropriate. If the court imposes a jail	1962
term upon the offender, the court may impose any community control	1963
sanction or combination of community control sanctions in addition	1964
to the jail term.	1965

(b) Impose a jail term under section 2929.24 of the Revised	1966
Code from the range of jail terms authorized under that section	1967
for the offense, suspend all or a portion of the jail term	1968
imposed, and place the offender under a community control sanction	1969
or combination of community control sanctions authorized under	1970
section 2929.26, 2929.27, or 2929.28 of the Revised Code.	1971

(2)(a) In sentencing an offender for possessing, with purpose	1972
to use, drug paraphernalia in violation of division (C)(1) of	1973
section 2925.14 of the Revised Code or for a misdemeanor violation	1974
of section 2925.11 of the Revised Code, the court shall directly	1975
impose the community control sanction authorized under division	1976
(A)(4) of section 2929.27 of the Revised Code for a term not to	1977
exceed eighteen months if the offender requests the court to	1978
directly impose a sentence that consists of the community control	1979
sanction authorized under that division and the violation is the	1980
offender's first or second violation sentenced under this	1981
division. The sentencing court may directly impose the community	1982
control sanction authorized under that division for a term not to	1983
exceed eighteen months for subsequent violations sentenced under	1984
this division. If the sentencing court does not impose the	1985
community control sanction for a subsequent violation, the	1986
sentencing court shall sentence the offender under section 2929.24	1987
of the Revised Code.	1988

(b) An offender shall not be sentenced to a drug treatment	1989
program under division (A)(2)(a) of this section if the offender	1990
either was convicted of or pleaded guilty to an offense of	1991
violence in the five years preceding the sentencing or was	1992
convicted of or pleaded guilty to any of the following offenses	1993
committed during the same event or related events as the violation	1994
of section 2925.11 or 2925.14 of the Revised Code:	1995

(i) A felony;

1996

(ii) An offense of violence;

1997

(iii) A theft offense;

1998

(iv) A violation of section 2925.03, 2925.04, 2925.041,	1999
2925.05, or 4511.19 of the Revised Code;	2000

(v) A violation of division (C) of section 2925.14 of the	2001
Revised Code, other than a violation for possessing, with purpose	2002
to use, drug paraphernalia.	2003

(c) If an offender is sentenced under division (A)(2)(a) of	2004
this section for two or more violations committed by the offender	2005
during the same event or related events, the violations shall be	2006
considered a single violation.	2007

(3) The duration of all community control sanctions imposed	2008
upon an offender under division (A)(1) of this section and in	2009
effect for an offender at any time shall not exceed five years.	2010
The duration of all community control sanctions imposed upon an	2011
offender under divisions (A)(2) and (D)(2) of this section and in	2012
effect for an offender at any time shall not exceed five years.	2013

(3)(4) At sentencing, if a court directly imposes a community	2014
control sanction or combination of community control sanctions	2015
pursuant to division (A)(1)(a) or (B) of this section, the court	2016
shall state the duration of the community control sanctions	2017
imposed and shall notify the offender that if any of the	2018
conditions of the community control sanctions are violated the	2019
court may do any of the following:	2020

(a) Impose a longer time under the same community control	2021
sanction if the total time under all of the offender's community	2022
control sanctions does not exceed the five-year limit specified in	2023
division (A)(2)(3) of this section;	2024

(b) Impose a more restrictive community control sanction	2025
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	2026
but the court is not required to impose any particular sanction or	2027
sanctions;	2028

(c) Impose a definite jail term from the range of jail terms	2029
authorized for the offense under section 2929.24 of the Revised	2030
Code.	2031

(5) At sentencing, if a court directly imposes a term in a	2032
drug treatment program pursuant to division (A)(2)(a) of this	2033
section, the court shall notify the offender that if the offender	2034
violates any of the conditions of the drug treatment program the	2035
court may do any of the following:	2036

(a) Impose a longer term in the drug treatment program if the	2037
term does not exceed the five-year limit specified in division	2038
(A)(3) of this section;	2039

(b) Impose a more restrictive community control sanction	2040
under section 2929.26, 2929.27, or 2929.28 of the Revised Code;	2041

(c) Impose a definite jail term from the range of jail terms	2042
authorized for the offense under section 2929.24 of the Revised	2043
Code.	2044

(B)(1) If a court sentences an offender to any community	2045
control sanction or combination of community control sanctions	2046
pursuant to division (A)(1)(a) of this section, the sentencing	2047
court retains jurisdiction over the offender and the period of	2048
community control for the duration of the period of community	2049
control. Upon the motion of either party or on the court's own	2050
motion, the court, in the court's sole discretion and as the	2051
circumstances warrant, may modify the community control sanctions	2052
or conditions of release previously imposed, substitute a	2053
community control sanction or condition of release for another	2054
community control sanction or condition of release previously	2055
imposed, or impose an additional community control sanction or	2056
condition of release.	2057

(2) If a court sentences an offender to a community control	2058
sanction pursuant to division (A)(2)(a) of this section, the court	2059
retains jurisdiction over the offender for the duration of the	2060
period of the community control sanction.	2061

(C)(1) If a court sentences an offender to any community	2062
control sanction or combination of community control sanctions	2063
authorized under section 2929.26, 2929.27, or 2929.28 of the	2064
Revised Code, the court shall place the offender under the general	2065
control and supervision of the court or of a department of	2066
probation in the jurisdiction that serves the court for purposes	2067
of reporting to the court a violation of any of the conditions of	2068
the sanctions imposed. If the offender resides in another	2069
jurisdiction and a department of probation has been established to	2070
serve the municipal court or county court in that jurisdiction,	2071
the sentencing court may request the municipal court or the county	2072
court to receive the offender into the general control and	2073
supervision of that department of probation for purposes of	2074
reporting to the sentencing court a violation of any of the	2075
conditions of the sanctions imposed. The sentencing court retains	2076
jurisdiction over any offender whom it sentences for the duration	2077
of the sanction or sanctions imposed.	2078

(2) The sentencing court shall require as a condition of any	2079
community control sanction that the offender abide by the law and	2080
not leave the state without the permission of the court or the	2081
offender's probation officer. In the interests of doing justice,	2082
rehabilitating the offender, and ensuring the offender's good	2083
behavior, the court may impose additional requirements on the	2084
offender. The offender's compliance with the additional	2085
requirements also shall be a condition of the community control	2086
sanction imposed upon the offender.	2087

(D)(1) If the court imposing sentence upon an offender	2088
sentences the offender to any community control sanction or	2089
combination of community control sanctions authorized under	2090
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	2091
the offender violates any of the conditions of the sanctions, the	2092
public or private person or entity that supervises or administers	2093
the program or activity that comprises the sanction shall report	2094
the violation directly to the sentencing court or to the	2095
department of probation or probation officer with general control	2096
and supervision over the offender. If the public or private person	2097
or entity reports the violation to the department of probation or	2098
probation officer, the department or officer shall report the	2099
violation to the sentencing court.	2100

(2) If an offender violates any condition of a community	2101
control sanction, the sentencing court may impose upon the	2102
violator one or more of the following penalties:	2103

(a) A longer time under the same community control sanction	2104
if the total time under all of the community control sanctions	2105
imposed on the violator does not exceed the five-year limit	2106
specified in division (A)(2)(3) of this section;	2107

(b) A more restrictive community control sanction;

2108

(c) A combination of community control sanctions, including a	2109
jail term.	2110

(3) If the court imposes a jail term upon a violator pursuant	2111
to division (D)(2) of this section, the total time spent in jail	2112
for the misdemeanor offense and the violation of a condition of	2113
the community control sanction shall not exceed the maximum jail	2114
term available for the offense for which the sanction that was	2115
violated was imposed. The court may reduce the longer period of	2116
time that the violator is required to spend under the longer	2117
sanction or the more restrictive sanction imposed under division	2118
(D)(2) of this section by all or part of the time the violator	2119
successfully spent under the sanction that was initially imposed.	2120

(E) Except as otherwise provided in this division, if an	2121
offender, for a significant period of time, fulfills the	2122
conditions of a community control sanction imposed pursuant to	2123
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	2124
exemplary manner, the court may reduce the period of time under	2125
the community control sanction or impose a less restrictive	2126
community control sanction. Fulfilling the conditions of a	2127
community control sanction does not relieve the offender of a duty	2128
to make restitution under section 2929.28 of the Revised Code.	2129

(F) As used in this section, "theft offense" has the same	2130
meaning as in section 2913.01 of the Revised Code.	2131

Section 2.  That existing sections 2152.16, 2152.19, 2925.11,	2132
2929.13, 2929.15, 2929.19, and 2929.25 of the Revised Code are	2133
hereby repealed.	2134

Section 3.  Section 2929.19 of the Revised Code is presented	2135
in this act as a composite of the section as amended by both Am.	2136
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	2137
The General Assembly, applying the principle stated in division	2138
(B) of section 1.52 of the Revised Code that amendments are to be	2139
harmonized if reasonably capable of simultaneous operation, finds	2140
that the composite is the resulting version of the section in	2141
effect prior to the effective date of the section as presented in	2142
this act.	2143