Bill Text: OH HB86 | 2011-2012 | 129th General Assembly | Engrossed


Bill Title: And to amend Section 3 of Am. Sub. H.B. 130 of the 127th General Assembly, to increase from $500 to $1,000 the threshold amount for determining increased penalties for theft-related offenses and for certain elements of "vandalism" and "engaging in a pattern of corrupt activity"; to increase by 50% the other threshold amounts for determining increased penalties for those offenses; to revise and clarify the law regarding prosecution of multiple theft, Medicaid fraud, workers' compensation fraud, and similar offenses and the valuation of property or services involved; to include workers' compensation fraud as a theft offense; to provide that if "nonsupport of dependents" is based on an abandonment of or failure to support a child or a person to whom a court order requires support and is a felony the sentencing court generally must first consider placing the offender on one or more community control sanctions; to eliminate the difference in criminal penalties for crack cocaine and powder cocaine; to revise some of the penalties for trafficking in marihuana or hashish, for possession of marihuana, cocaine, or hashish, and for all third degree felony drug offenses that currently have mandatory prison terms; to prohibit a convicted sex offender from possessing a photograph of the offender's victim while the offender is serving a term of confinement for that offense and to prohibit a child-victim offender from possessing a photograph of any minor child while the child-victim offender is serving a term of confinement for that offense; to revise procedures for notification of victims when violent offenders escape from the Department of Rehabilitation and Correction; to modify the number of Parole Board members required to conduct a full Board hearing; to limit a member of the Parole Board appointed after the bill's effective date who is not the Chairperson or a victim representative to two six-year terms; to revise the eligibility criteria for, and procedures governing, intervention in lieu of conviction; to revise the eligibility criteria for judicial release; to reduce the penalty for the offense of "escape" when it involves certain conduct by a person under supervised release by the Department; to revise the procedure for prisoners in state correctional institutions to earn days of credit for productive participation in specified prison programs and the number of days of credit that may be earned; to require judges who sentence an offender to a prison term to include in the sentence notice to the offender that the offender may be eligible to earn such days of credit; to require GPS monitoring of a prisoner placed on post-release control who was released early from prison due to earning 60 or more days of credit; to enact a new mechanism for the possible release with sentencing court approval of certain Department inmates who have served at least 80% of their prison term; to expand the membership of a county's local corrections planning board; to expand the authorization to transfer certain Ohio prisoners for pretrial confinement to a contiguous county in an adjoining state to also apply to postconviction confinement and confinement upon civil process; to make changes regarding halfway houses and community residential centers and authorize reentry centers; to provide for the establishment and operation of community alternative sentencing centers for misdemeanants sentenced directly to the centers under a community residential sanction or an OVI term of confinement not exceeding 60 days; to change the membership of the Ex-offender Reentry Coalition by reducing the number and functions of members from the Governor's office and adding the Director of Veterans Services; to remove judges from the membership of a corrections commission and instead have them form an advisory board; to require the Department to develop a reentry plan for each inmate committed to the Department who was not sentenced to a term of life without parole or a sentence of death and who is expected to be imprisoned for more than 30 days; to revise the procedures governing the Department's issuance of an inmate identification card upon an inmate's release and the use of such a card to obtain a state identification card; to authorize, instead of requiring, the Department to discontinue subsidy payment to a political subdivision that reduces local funding for corrections by the amount of a community-based corrections subsidy or that uses a subsidy for capital improvements; to adopt a single validated risk assessment tool to be used by courts at their option and by probation departments and the Department of Rehabilitation and Correction to evaluate risk levels of offenders; to provide judges the option of risk reduction sentencing to allow for early release of certain prisoners who complete treatment and programming while incarcerated; to generally require offenders convicted of or pleading guilty to a felony of the fourth or fifth degree that is not a specified offense to serve community control sanctions when the conviction or plea did not occur in specified circumstances; to create the offense of trespass in a habitation of a person when any person other than an accomplice of the offender is present or likely to be present; to change the sentencing structure for felonies of the first degree and for felonies of the third degree that are not specified types of offenses; to require the Department of Rehabilitation and Correction to adopt specified types of standards regarding sentencing to community-based correctional facilities and community corrections programs; to reduce duplication of probation supervision resources; to require the Department of Rehabilitation and Correction to establish and administer the probation improvement grant and the probation incentive grant; to encourage a county and the Juvenile Court that serves the county to use the moneys in the county treasury's Felony Delinquent Care and Custody Fund to research-supported, outcome-based programs and services; to expand the circumstances in which a delinquent child committed to the Department of Youth Services may be granted a judicial release; to establish procedures for determining the competency to participate in the proceeding of a child who is the subject of a complaint alleging that the child is a delinquent child and procedures for a child to attain competency if the child is found to be incompetent; to establish an interagency task force to investigate and make recommendations on how to most effectively treat delinquent youth who suffer from serious mental illness or emotional and behavioral disorders; to establish a new mechanism, which may involve transfer back to a juvenile court, for determining the sanction for certain children who are convicted of a crime in criminal court after their case is transferred under a specified mandatory transfer provision; to revise the provision regarding commitment of a delinquent child to the Department of Youth Services for being complicit in the commission of an act by another that constitutes a firearm specification; to modify the required content of complaints alleging chronic or habitual truancy; to revise the time for notification of bail forfeiture proceedings regarding recognizance's; to require the Department of Rehabilitation and Correction to conduct a study of assaults by inmates; to modify the Ohio Criminal Sentencing Law based on the Ohio Supreme Court's decisions in State v. Foster and State v. Hodge; to prohibit the arrest, charging, or conviction of a person for speeding based on a peace officer's unaided visual estimation of the speed of the vehicle; to require the Department of Rehabilitation and Correction to thoroughly review the cases of all parole-eligible inmates who are sixty-five years of age or older; to authorize libraries, museums, archival institutions, and merchants to detain a suspected shoplifter, etc., to offer pretrial diversion and inform the suspect of other available options; to provide for certificates of achievement and employability for certain Department of Rehabilitation and Correction prisoners to be used by the recipient prisoner to generally obtain relief from mandatory civil impacts that would affect a potential job for which the prisoner trained; to prohibit a court from ordering a statutory change of name for a person convicted of identity fraud or having a duty to register under the SORN Law; and to revise certain provisions of the Crime Victims Reparations Law.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-09-30 - Effective Date [HB86 Detail]

Download: Ohio-2011-HB86-Engrossed.html
As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 86


Representatives Blessing, Heard 

Cosponsors: Representatives Uecker, Slaby, Amstutz, Anielski, Antonio, Barnes, Beck, Blair, Boose, Boyd, Brenner, Bubp, Buchy, Carney, Celeste, Clyde, Coley, Combs, Derickson, Dovilla, Driehaus, Duffey, Fedor, Foley, Garland, Gonzales, Grossman, Hackett, Hagan, C., Henne, Luckie, Mallory, Martin, McClain, McGregor, McKenney, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Okey, Patmon, Peterson, Pillich, Ramos, Schuring, Sears, Sprague, Sykes, Szollosi, Thompson, Winburn, Yuko Speaker Batchelder 

Senators Bacon, Beagle, Brown, Coley, Daniels, Hite, Jones, Kearney, LaRose, Lehner, Manning, Niehaus, Obhof, Sawyer, Schiavoni, Seitz, Smith, Tavares, Turner, Wagoner, Widener, Wilson 



A BILL
To amend sections 109.42, 307.93, 309.18, 341.12, 1
926.99, 1333.99, 1707.99, 1716.99, 2151.23, 2
2152.02, 2152.021, 2152.12, 2152.13, 2152.14, 3
2152.17, 2152.22, 2301.27, 2301.30, 2717.01, 4
2743.51, 2743.56, 2743.59, 2743.60, 2901.08, 5
2903.01, 2903.11, 2903.12, 2903.13, 2905.01, 6
2905.02, 2907.21, 2907.22, 2907.323, 2909.03, 7
2909.05, 2909.11, 2911.12, 2913.01, 2913.02, 8
2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 9
2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 10
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 11
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 12
2917.21, 2917.31, 2917.32, 2919.21, 2919.22, 13
2921.13, 2921.34, 2921.41, 2923.01, 2923.31, 14
2923.32, 2925.01, 2925.02, 2925.03, 2925.04, 15
2925.041, 2925.05, 2925.11, 2925.36, 2929.01, 16
2929.11, 2929.13, 2929.14, 2929.15, 2929.19, 17
2929.191, 2929.20, 2929.26, 2929.34, 2929.41, 18
2930.12, 2930.16, 2930.17, 2935.041, 2937.36, 19
2941.141, 2941.142, 2941.143, 2941.144, 2941.145, 20
2941.146, 2941.1411, 2941.1412, 2941.1414, 21
2941.1415, 2941.1421, 2941.1422, 2941.1423, 22
2950.99, 2951.041, 2951.08, 2953.08, 2967.14, 23
2967.193, 2967.28, 2971.03, 2981.07, 3719.99, 24
4507.51, 4511.091, 4729.99, 5120.031, 5120.07, 25
5120.111, 5120.16, 5120.331, 5120.48, 5120.59, 26
5120.60, 5120.66, 5139.01, 5139.06, 5139.18, 27
5139.20, 5139.43, 5139.52, 5149.01, 5149.10, 28
5149.31, 5149.32, 5149.33, 5149.34, and 5149.36 29
and to enact sections 307.932, 2152.121, 2152.51, 30
2152.52, 2152.53, 2152.54, 2152.55, 2152.56, 31
2152.57, 2152.58, 2152.59, 2301.271, 2743.601, 32
2929.143, 2950.17, 2951.022, 2961.21, 2961.22, 33
2961.23, 2961.24, 2967.19, 5120.036, 5120.113, 34
5120.114, 5120.115, and 5149.311 of the Revised 35
Code and to amend Section 3 of Am. Sub. H.B. 130 36
of the 127th General Assembly, to increase from 37
$500 to $1,000 the threshold amount for 38
determining increased penalties for theft-related 39
offenses and for certain elements of "vandalism" 40
and "engaging in a pattern of corrupt activity"; 41
to increase by 50% the other threshold amounts for 42
determining increased penalties for those 43
offenses; to revise and clarify the law regarding 44
prosecution of multiple theft, Medicaid fraud, 45
workers' compensation fraud, and similar offenses 46
and the valuation of property or services 47
involved; to include workers' compensation fraud 48
as a theft offense; to provide that if "nonsupport 49
of dependents" is based on an abandonment of or 50
failure to support a child or a person to whom a 51
court order requires support and is a felony the 52
sentencing court generally must first consider 53
placing the offender on one or more community 54
control sanctions; to eliminate the difference in 55
criminal penalties for crack cocaine and powder 56
cocaine; to revise some of the penalties for 57
trafficking in marihuana or hashish, for 58
possession of marihuana, cocaine, or hashish, and 59
for all third degree felony drug offenses that 60
currently have mandatory prison terms; to prohibit 61
a convicted sex offender from possessing a 62
photograph of the offender's victim while the 63
offender is serving a term of confinement for that 64
offense and to prohibit a child-victim offender 65
from possessing a photograph of any minor child 66
while the child-victim offender is serving a term 67
of confinement for that offense; to revise 68
procedures for notification of victims when 69
violent offenders escape from the Department of 70
Rehabilitation and Correction; to modify the 71
number of Parole Board members required to conduct 72
a full Board hearing; to limit a member of the 73
Parole Board appointed after the bill's effective 74
date who is not the Chairperson or a victim 75
representative to two six-year terms; to revise 76
the eligibility criteria for, and procedures 77
governing, intervention in lieu of conviction; to 78
revise the eligibility criteria for judicial 79
release; to reduce the penalty for the offense of 80
"escape" when it involves certain conduct by a 81
person under supervised release by the Department; 82
to revise the procedure for prisoners in state 83
correctional institutions to earn days of credit 84
for productive participation in specified prison 85
programs and the number of days of credit that may 86
be earned; to require judges who sentence an 87
offender to a prison term to include in the 88
sentence notice to the offender that the offender 89
may be eligible to earn such days of credit; to 90
require GPS monitoring of a prisoner placed on 91
post-release control who was released early from 92
prison due to earning 60 or more days of credit; 93
to enact a new mechanism for the possible release 94
with sentencing court approval of certain 95
Department inmates who have served at least 80% of 96
their prison term; to expand the membership of a 97
county's local corrections planning board; to 98
expand the authorization to transfer certain Ohio 99
prisoners for pretrial confinement to a contiguous 100
county in an adjoining state to also apply to 101
postconviction confinement and confinement upon 102
civil process; to make changes regarding halfway 103
houses and community residential centers and 104
authorize reentry centers; to provide for the 105
establishment and operation of community 106
alternative sentencing centers for misdemeanants 107
sentenced directly to the centers under a 108
community residential sanction or an OVI term of 109
confinement not exceeding 60 days; to change the 110
membership of the Ex-offender Reentry Coalition by 111
reducing the number and functions of members from 112
the Governor's office and adding the Director of 113
Veterans Services; to remove judges from the 114
membership of a corrections commission and instead 115
have them form an advisory board; to require the 116
Department to develop a reentry plan for each 117
inmate committed to the Department who was not 118
sentenced to a term of life without parole or a 119
sentence of death and who is expected to be 120
imprisoned for more than 30 days; to revise the 121
procedures governing the Department's issuance of 122
an inmate identification card upon an inmate's 123
release and the use of such a card to obtain a 124
state identification card; to authorize, instead 125
of requiring, the Department to discontinue 126
subsidy payment to a political subdivision that 127
reduces local funding for corrections by the 128
amount of a community-based corrections subsidy or 129
that uses a subsidy for capital improvements; to 130
adopt a single validated risk assessment tool to 131
be used by courts at their option and by probation 132
departments and the Department of Rehabilitation 133
and Correction to evaluate risk levels of 134
offenders; to provide judges the option of risk 135
reduction sentencing to allow for early release of 136
certain prisoners who complete treatment and 137
programming while incarcerated; to generally 138
require offenders convicted of or pleading guilty 139
to a felony of the fourth or fifth degree that is 140
not a specified offense to serve community control 141
sanctions when the conviction or plea did not 142
occur in specified circumstances; to create the 143
offense of trespass in a habitation of a person 144
when any person other than an accomplice of the 145
offender is present or likely to be present; to 146
change the sentencing structure for felonies of 147
the first degree and for felonies of the third 148
degree that are not specified types of offenses; 149
to require the Department of Rehabilitation and 150
Correction to adopt specified types of standards 151
regarding sentencing to community-based 152
correctional facilities and community corrections 153
programs; to reduce duplication of probation 154
supervision resources; to require the Department 155
of Rehabilitation and Correction to establish and 156
administer the probation improvement grant and the 157
probation incentive grant; to encourage a county 158
and the Juvenile Court that serves the county to 159
use the moneys in the county treasury's Felony 160
Delinquent Care and Custody Fund to 161
research-supported, outcome-based programs and 162
services; to expand the circumstances in which a 163
delinquent child committed to the Department of 164
Youth Services may be granted a judicial release; 165
to establish procedures for determining the 166
competency to participate in the proceeding of a 167
child who is the subject of a complaint alleging 168
that the child is a delinquent child and 169
procedures for a child to attain competency if the 170
child is found to be incompetent; to establish an 171
interagency task force to investigate and make 172
recommendations on how to most effectively treat 173
delinquent youth who suffer from serious mental 174
illness or emotional and behavioral disorders; to 175
establish a new mechanism, which may involve 176
transfer back to a juvenile court, for determining 177
the sanction for certain children who are 178
convicted of a crime in criminal court after their 179
case is transferred under a specified mandatory 180
transfer provision; to revise the provision 181
regarding commitment of a delinquent child to the 182
Department of Youth Services for being complicit 183
in the commission of an act by another that 184
constitutes a firearm specification; to modify the 185
required content of complaints alleging chronic or 186
habitual truancy; to revise the time for 187
notification of bail forfeiture proceedings 188
regarding recognizance's; to require the 189
Department of Rehabilitation and Correction to 190
conduct a study of assaults by inmates; to modify 191
the Ohio Criminal Sentencing Law based on the Ohio 192
Supreme Court's decisions in State v. Foster and 193
State v. Hodge; to prohibit the arrest, charging, 194
or conviction of a person for speeding based on a 195
peace officer's unaided visual estimation of the 196
speed of the vehicle; to require the Department of 197
Rehabilitation and Correction to thoroughly review 198
the cases of all parole-eligible inmates who are 199
sixty-five years of age or older; to authorize 200
libraries, museums, archival institutions, and 201
merchants to detain a suspected shoplifter, etc., 202
to offer pretrial diversion and inform the suspect 203
of other available options; to provide for 204
certificates of achievement and employability for 205
certain Department of Rehabilitation and 206
Correction prisoners to be used by the recipient 207
prisoner to generally obtain relief from mandatory 208
civil impacts that would affect a potential job 209
for which the prisoner trained; to prohibit a 210
court from ordering a statutory change of name for 211
a person convicted of identity fraud or having a 212
duty to register under the SORN Law; and to revise 213
certain provisions of the Crime Victims 214
Reparations Law.215


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

       Section 1.  That sections 109.42, 307.93, 309.18, 341.12, 216
926.99, 1333.99, 1707.99, 1716.99, 2151.23, 2152.02, 2152.021, 217
2152.12, 2152.13, 2152.14, 2152.17, 2152.22, 2301.27, 2301.30, 218
2717.01, 2743.51, 2743.56, 2743.59, 2743.60, 2901.08, 2903.01, 219
2903.11, 2903.12, 2903.13, 2905.01, 2905.02, 2907.21, 2907.22, 220
2907.323, 2909.03, 2909.05, 2909.11, 2911.12, 2913.01, 2913.02, 221
2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 222
2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 223
2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 224
2917.31, 2917.32, 2919.21, 2919.22, 2921.13, 2921.34, 2921.41, 225
2923.01, 2923.31, 2923.32, 2925.01, 2925.02, 2925.03, 2925.04, 226
2925.041, 2925.05, 2925.11, 2925.36, 2929.01, 2929.11, 2929.13, 227
2929.14, 2929.15, 2929.19, 2929.191, 2929.20, 2929.26, 2929.34, 228
2929.41, 2930.12, 2930.16, 2930.17, 2935.041, 2937.36, 2941.141, 229
2941.142, 2941.143, 2941.144, 2941.145, 2941.146, 2941.1411, 230
2941.1412, 2941.1414, 2941.1415, 2941.1421, 2941.1422, 2941.1423, 231
2950.99, 2951.041, 2951.08, 2953.08, 2967.14, 2967.193, 2967.28, 232
2971.03, 2981.07, 3719.99, 4507.51, 4511.091, 4729.99, 5120.031, 233
5120.07, 5120.111, 5120.16, 5120.331, 5120.48, 5120.59, 5120.60, 234
5120.66, 5139.01, 5139.06, 5139.18, 5139.20, 5139.43, 5139.52, 235
5149.01, 5149.10, 5149.31, 5149.32, 5149.33, 5149.34, and 5149.36 236
be amended and sections 307.932, 2152.121, 2152.51, 2152.52, 237
2152.53, 2152.54, 2152.55, 2152.56, 2152.57, 2152.58, 2152.59, 238
2301.271, 2743.601, 2929.143, 2950.17, 2951.022, 2961.21, 2961.22, 239
2961.23, 2961.24, 2967.19, 5120.036, 5120.113, 5120.114, 5120.115, 240
and 5149.311 of the Revised Code be enacted to read as follows:241

       Sec. 109.42.  (A) The attorney general shall prepare and have 242
printed a pamphlet that contains a compilation of all statutes 243
relative to victim's rights in which the attorney general lists 244
and explains the statutes in the form of a victim's bill of 245
rights. The attorney general shall distribute the pamphlet to all 246
sheriffs, marshals, municipal corporation and township police 247
departments, constables, and other law enforcement agencies, to 248
all prosecuting attorneys, city directors of law, village 249
solicitors, and other similar chief legal officers of municipal 250
corporations, and to organizations that represent or provide 251
services for victims of crime. The victim's bill of rights set 252
forth in the pamphlet shall contain a description of all of the 253
rights of victims that are provided for in Chapter 2930. or in any 254
other section of the Revised Code and shall include, but not be 255
limited to, all of the following:256

       (1) The right of a victim or a victim's representative to 257
attend a proceeding before a grand jury, in a juvenile case, or in 258
a criminal case pursuant to a subpoena without being discharged 259
from the victim's or representative's employment, having the 260
victim's or representative's employment terminated, having the 261
victim's or representative's pay decreased or withheld, or 262
otherwise being punished, penalized, or threatened as a result of 263
time lost from regular employment because of the victim's or 264
representative's attendance at the proceeding pursuant to the 265
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 266
2945.451 of the Revised Code;267

       (2) The potential availability pursuant to section 2151.359 268
or 2152.61 of the Revised Code of a forfeited recognizance to pay 269
damages caused by a child when the delinquency of the child or 270
child's violation of probation or community control is found to be 271
proximately caused by the failure of the child's parent or 272
guardian to subject the child to reasonable parental authority or 273
to faithfully discharge the conditions of probation or community 274
control;275

       (3) The availability of awards of reparations pursuant to 276
sections 2743.51 to 2743.72 of the Revised Code for injuries 277
caused by criminal offenses;278

       (4) The right of the victim in certain criminal or juvenile 279
cases or a victim's representative to receive, pursuant to section 280
2930.06 of the Revised Code, notice of the date, time, and place 281
of the trial or delinquency proceeding in the case or, if there 282
will not be a trial or delinquency proceeding, information from 283
the prosecutor, as defined in section 2930.01 of the Revised Code, 284
regarding the disposition of the case;285

       (5) The right of the victim in certain criminal or juvenile 286
cases or a victim's representative to receive, pursuant to section 287
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 288
name of the person charged with the violation, the case or docket 289
number assigned to the charge, and a telephone number or numbers 290
that can be called to obtain information about the disposition of 291
the case;292

       (6) The right of the victim in certain criminal or juvenile 293
cases or of the victim's representative pursuant to section 294
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 295
terms set by the court as authorized under section 2930.14 of the 296
Revised Code, to make a statement about the victimization and, if 297
applicable, a statement relative to the sentencing or disposition 298
of the offender;299

       (7) The opportunity to obtain a court order, pursuant to 300
section 2945.04 of the Revised Code, to prevent or stop the 301
commission of the offense of intimidation of a crime victim or 302
witness or an offense against the person or property of the 303
complainant, or of the complainant's ward or child;304

       (8) The right of the victim in certain criminal or juvenile 305
cases or a victim's representative pursuant to sections 2151.38, 306
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 307
receive notice of a pending motion for judicial release, release 308
pursuant to section 2967.19 of the Revised Code, or other early 309
release of the person who committed the offense against the 310
victim, to make an oral or written statement at the court hearing 311
on the motion, and to be notified of the court's decision on the 312
motion;313

       (9) The right of the victim in certain criminal or juvenile 314
cases or a victim's representative pursuant to section 2930.16, 315
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 316
of any pending commutation, pardon, parole, transitional control, 317
discharge, other form of authorized release, post-release control, 318
or supervised release for the person who committed the offense 319
against the victim or any application for release of that person 320
and to send a written statement relative to the victimization and 321
the pending action to the adult parole authority or the release 322
authority of the department of youth services;323

       (10) The right of the victim to bring a civil action pursuant 324
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 325
from the offender's profit fund;326

       (11) The right, pursuant to section 3109.09 of the Revised 327
Code, to maintain a civil action to recover compensatory damages 328
not exceeding ten thousand dollars and costs from the parent of a 329
minor who willfully damages property through the commission of an 330
act that would be a theft offense, as defined in section 2913.01 331
of the Revised Code, if committed by an adult;332

       (12) The right, pursuant to section 3109.10 of the Revised 333
Code, to maintain a civil action to recover compensatory damages 334
not exceeding ten thousand dollars and costs from the parent of a 335
minor who willfully and maliciously assaults a person;336

       (13) The possibility of receiving restitution from an 337
offender or a delinquent child pursuant to section 2152.20, 338
2929.18, or 2929.28 of the Revised Code;339

       (14) The right of the victim in certain criminal or juvenile 340
cases or a victim's representative, pursuant to section 2930.16 of 341
the Revised Code, to receive notice of the escape from confinement 342
or custody of the person who committed the offense, to receive 343
that notice from the custodial agency of the person at the 344
victim's last address or telephone number provided to the 345
custodial agency, and to receive notice that, if either the 346
victim's address or telephone number changes, it is in the 347
victim's interest to provide the new address or telephone number 348
to the custodial agency;349

       (15) The right of a victim of domestic violence to seek the 350
issuance of a civil protection order pursuant to section 3113.31 351
of the Revised Code, the right of a victim of a violation of 352
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 353
of the Revised Code, a violation of a substantially similar 354
municipal ordinance, or an offense of violence who is a family or 355
household member of the offender at the time of the offense to 356
seek the issuance of a temporary protection order pursuant to 357
section 2919.26 of the Revised Code, and the right of both types 358
of victims to be accompanied by a victim advocate during court 359
proceedings;360

       (16) The right of a victim of a sexually oriented offense or 361
of a child-victim oriented offense that is committed by a person 362
who is convicted of, pleads guilty to, or is adjudicated a 363
delinquent child for committing the offense and who is in a 364
category specified in division (B) of section 2950.10 of the 365
Revised Code to receive, pursuant to that section, notice that the 366
person has registered with a sheriff under section 2950.04, 367
2950.041, or 2950.05 of the Revised Code and notice of the 368
person's name, the person's residence that is registered, and the 369
offender's school, institution of higher education, or place of 370
employment address or addresses that are registered, the person's 371
photograph, and a summary of the manner in which the victim must 372
make a request to receive the notice. As used in this division, 373
"sexually oriented offense" and "child-victim oriented offense" 374
have the same meanings as in section 2950.01 of the Revised Code.375

       (17) The right of a victim of certain sexually violent 376
offenses committed by an offender who also is convicted of or 377
pleads guilty to a sexually violent predator specification and who 378
is sentenced to a prison term pursuant to division (A)(3) of 379
section 2971.03 of the Revised Code, of a victim of a violation of 380
division (A)(1)(b) of section 2907.02 of the Revised Code 381
committed on or after January 2, 2007, by an offender who is 382
sentenced for the violation pursuant to division (B)(1)(a), (b), 383
or (c) of section 2971.03 of the Revised Code, of a victim of an 384
attempted rape committed on or after January 2, 2007, by an 385
offender who also is convicted of or pleads guilty to a 386
specification of the type described in section 2941.1418, 387
2941.1419, or 2941.1420 of the Revised Code and is sentenced for 388
the violation pursuant to division (B)(2)(a), (b), or (c) of 389
section 2971.03 of the Revised Code, and of a victim of an offense 390
that is described in division (B)(3)(a), (b), (c), or (d) of 391
section 2971.03 of the Revised Code and is committed by an 392
offender who is sentenced pursuant to one of those divisions to 393
receive, pursuant to section 2930.16 of the Revised Code, notice 394
of a hearing to determine whether to modify the requirement that 395
the offender serve the entire prison term in a state correctional 396
facility, whether to continue, revise, or revoke any existing 397
modification of that requirement, or whether to terminate the 398
prison term. As used in this division, "sexually violent offense" 399
and "sexually violent predator specification" have the same 400
meanings as in section 2971.01 of the Revised Code.401

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 402
prosecuting attorney, assistant prosecuting attorney, city 403
director of law, assistant city director of law, village 404
solicitor, assistant village solicitor, or similar chief legal 405
officer of a municipal corporation or an assistant of any of those 406
officers who prosecutes an offense committed in this state, upon 407
first contact with the victim of the offense, the victim's family, 408
or the victim's dependents, shall give the victim, the victim's 409
family, or the victim's dependents a copy of the pamphlet prepared 410
pursuant to division (A) of this section and explain, upon 411
request, the information in the pamphlet to the victim, the 412
victim's family, or the victim's dependents.413

       (b) Subject to division (B)(1)(c) of this section, a law 414
enforcement agency that investigates an offense or delinquent act 415
committed in this state shall give the victim of the offense or 416
delinquent act, the victim's family, or the victim's dependents a 417
copy of the pamphlet prepared pursuant to division (A) of this 418
section at one of the following times:419

       (i) Upon first contact with the victim, the victim's family, 420
or the victim's dependents;421

       (ii) If the offense or delinquent act is an offense of 422
violence, if the circumstances of the offense or delinquent act 423
and the condition of the victim, the victim's family, or the 424
victim's dependents indicate that the victim, the victim's family, 425
or the victim's dependents will not be able to understand the 426
significance of the pamphlet upon first contact with the agency, 427
and if the agency anticipates that it will have an additional 428
contact with the victim, the victim's family, or the victim's 429
dependents, upon the agency's second contact with the victim, the 430
victim's family, or the victim's dependents.431

       If the agency does not give the victim, the victim's family, 432
or the victim's dependents a copy of the pamphlet upon first 433
contact with them and does not have a second contact with the 434
victim, the victim's family, or the victim's dependents, the 435
agency shall mail a copy of the pamphlet to the victim, the 436
victim's family, or the victim's dependents at their last known 437
address.438

       (c) In complying on and after December 9, 1994, with the 439
duties imposed by division (B)(1)(a) or (b) of this section, an 440
official or a law enforcement agency shall use copies of the 441
pamphlet that are in the official's or agency's possession on 442
December 9, 1994, until the official or agency has distributed all 443
of those copies. After the official or agency has distributed all 444
of those copies, the official or agency shall use only copies of 445
the pamphlet that contain at least the information described in 446
divisions (A)(1) to (17) of this section.447

       (2) The failure of a law enforcement agency or of a 448
prosecuting attorney, assistant prosecuting attorney, city 449
director of law, assistant city director of law, village 450
solicitor, assistant village solicitor, or similar chief legal 451
officer of a municipal corporation or an assistant to any of those 452
officers to give, as required by division (B)(1) of this section, 453
the victim of an offense or delinquent act, the victim's family, 454
or the victim's dependents a copy of the pamphlet prepared 455
pursuant to division (A) of this section does not give the victim, 456
the victim's family, the victim's dependents, or a victim's 457
representative any rights under section 2743.51 to 2743.72, 458
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 459
Revised Code or under any other provision of the Revised Code and 460
does not affect any right under those sections.461

       (3) A law enforcement agency, a prosecuting attorney or 462
assistant prosecuting attorney, or a city director of law, 463
assistant city director of law, village solicitor, assistant 464
village solicitor, or similar chief legal officer of a municipal 465
corporation that distributes a copy of the pamphlet prepared 466
pursuant to division (A) of this section shall not be required to 467
distribute a copy of an information card or other printed material 468
provided by the clerk of the court of claims pursuant to section 469
2743.71 of the Revised Code.470

       (C) The cost of printing and distributing the pamphlet 471
prepared pursuant to division (A) of this section shall be paid 472
out of the reparations fund, created pursuant to section 2743.191 473
of the Revised Code, in accordance with division (D) of that 474
section.475

       (D) As used in this section:476

       (1) "Victim's representative" has the same meaning as in 477
section 2930.01 of the Revised Code;478

       (2) "Victim advocate" has the same meaning as in section 479
2919.26 of the Revised Code.480

       Sec. 307.93.  (A) The boards of county commissioners of two 481
or more adjacent counties may contract for the joint establishment 482
of a multicounty correctional center, and the board of county 483
commissioners of a county or the boards of two or more counties 484
may contract with any municipal corporation or municipal 485
corporations located in that county or those counties for the 486
joint establishment of a municipal-county or multicounty-municipal 487
correctional center. The center shall augment county and, where 488
applicable, municipal jail programs and facilities by providing 489
custody and rehabilitative programs for those persons under the 490
charge of the sheriff of any of the contracting counties or of the 491
officer or officers of the contracting municipal corporation or 492
municipal corporations having charge of persons incarcerated in 493
the municipal jail, workhouse, or other correctional facility who, 494
in the opinion of the sentencing court, need programs of custody 495
and rehabilitation not available at the county or municipal jail 496
and by providing custody and rehabilitative programs in accordance 497
with division (C) of this section, if applicable. The contract may 498
include, but need not be limited to, provisions regarding the 499
acquisition, construction, maintenance, repair, termination of 500
operations, and administration of the center. The contract shall 501
prescribe the manner of funding of, and debt assumption for, the 502
center and the standards and procedures to be followed in the 503
operation of the center. Except as provided in division (H) of 504
this section, the contracting counties and municipal corporations 505
shall form a corrections commission to oversee the administration 506
of the center. Members of the commission shall consist of the 507
sheriff of each participating county, the presidenta member of 508
the board of county commissioners of each participating county, 509
the presiding judge of the court of common pleas of each 510
participating county, or, if the court of common pleas of a 511
participating county has only one judge, then that judge, the 512
chief of police of each participating municipal corporation, and513
the mayor or city manager of each participating municipal 514
corporation, and the presiding judge or the sole judge of the 515
municipal court of each participating municipal corporation. Any 516
of the foregoing officers may appoint a designee to serve in the 517
officer's place on the corrections commission. The standards and 518
procedures shall be formulated and agreed to by the commission and 519
may be amended at any time during the life of the contract by 520
agreement of the parties to the contract upon the advice of the 521
commission. The standards and procedures formulated by the 522
commission shall include, but need not be limited to, designation 523
of the person in charge of the center, designation of a fiscal 524
agent, the categories of employees to be employed at the center, 525
the appointing authority of the center, and the standards of 526
treatment and security to be maintained at the center. The person 527
in charge of, and all persons employed to work at, the center 528
shall have all the powers of police officers that are necessary 529
for the proper performance of the duties relating to their 530
positions at the center.531

       (B)(1) Upon the establishment of a corrections commission 532
under division (A) of this section, the judges specified in this 533
division shall form a judicial advisory board for the purpose of 534
making recommendations to the corrections commission on issues of 535
bed allocation, expansion of the center that the corrections 536
commission oversees, and other issues concerning the 537
administration of sentences or any other matter determined to be 538
appropriate by the board. The judges who shall form the judicial 539
advisory board for a corrections commission are the administrative 540
judge of the general division of the court of common pleas of each 541
county participating in the corrections center, the presiding 542
judge of the municipal court of each municipal corporation 543
participating in the corrections center, and the presiding judge 544
of each county court of each county participating in the 545
corrections center. If the number of the foregoing members of the 546
board is even, the county auditor or the county auditor of the 547
most populous county if the board serves more than one county 548
shall also be a member of the board. Any of the foregoing judges 549
may appoint a designee to serve in the judge's place on the 550
judicial advisory board, provided that the designee shall be a 551
judge of the same court as the judge who makes the appointment. 552
The judicial advisory board for a corrections commission shall 553
meet with the corrections commission at least once each year.554

       (2) Each board of county commissioners that enters a contract 555
under division (A) of this section may appoint a building 556
commission pursuant to section 153.21 of the Revised Code. If any 557
commissions are appointed, they shall function jointly in the 558
construction of a multicounty or multicounty-municipal 559
correctional center with all the powers and duties authorized by 560
law.561

       (C) Prior to the acceptance for custody and rehabilitation 562
into a center established under this section of any persons who 563
are designated by the department of rehabilitation and correction, 564
who plead guilty to or are convicted of a felony of the fourth or 565
fifth degree, and who satisfy the other requirements listed in 566
section 5120.161 of the Revised Code, the corrections commission 567
of a center established under this section shall enter into an 568
agreement with the department of rehabilitation and correction 569
under section 5120.161 of the Revised Code for the custody and 570
rehabilitation in the center of persons who are designated by the 571
department, who plead guilty to or are convicted of a felony of 572
the fourth or fifth degree, and who satisfy the other requirements 573
listed in that section, in exchange for a per diem fee per person. 574
Persons incarcerated in the center pursuant to an agreement 575
entered into under this division shall be subject to supervision 576
and control in the manner described in section 5120.161 of the 577
Revised Code. This division does not affect the authority of a 578
court to directly sentence a person who is convicted of or pleads 579
guilty to a felony to the center in accordance with section 580
2929.16 of the Revised Code.581

       (D) Pursuant to section 2929.37 of the Revised Code, each 582
board of county commissioners and the legislative authority of 583
each municipal corporation that enters into a contract under 584
division (A) of this section may require a person who was 585
convicted of an offense, who is under the charge of the sheriff of 586
their county or of the officer or officers of the contracting 587
municipal corporation or municipal corporations having charge of 588
persons incarcerated in the municipal jail, workhouse, or other 589
correctional facility, and who is confined in the multicounty, 590
municipal-county, or multicounty-municipal correctional center as 591
provided in that division, to reimburse the applicable county or 592
municipal corporation for its expenses incurred by reason of the 593
person's confinement in the center.594

       (E) Notwithstanding any contrary provision in this section or 595
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the 596
corrections commission of a center may establish a policy that 597
complies with section 2929.38 of the Revised Code and that 598
requires any person who is not indigent and who is confined in the 599
multicounty, municipal-county, or multicounty-municipal 600
correctional center to pay a reception fee, a fee for medical 601
treatment or service requested by and provided to that person, or 602
the fee for a random drug test assessed under division (E) of 603
section 341.26 of the Revised Code.604

       (F)(1) The corrections commission of a center established 605
under this section may establish a commissary for the center. The 606
commissary may be established either in-house or by another 607
arrangement. If a commissary is established, all persons 608
incarcerated in the center shall receive commissary privileges. A 609
person's purchases from the commissary shall be deducted from the 610
person's account record in the center's business office. The 611
commissary shall provide for the distribution to indigent persons 612
incarcerated in the center of necessary hygiene articles and 613
writing materials.614

       (2) If a commissary is established, the corrections 615
commission of a center established under this section shall 616
establish a commissary fund for the center. The management of 617
funds in the commissary fund shall be strictly controlled in 618
accordance with procedures adopted by the auditor of state. 619
Commissary fund revenue over and above operating costs and reserve 620
shall be considered profits. All profits from the commissary fund 621
shall be used to purchase supplies and equipment for the benefit 622
of persons incarcerated in the center and to pay salary and 623
benefits for employees of the center, or for any other persons, 624
who work in or are employed for the sole purpose of providing 625
service to the commissary. The corrections commission shall adopt 626
rules and regulations for the operation of any commissary fund it 627
establishes.628

       (G) In lieu of forming a corrections commission to administer 629
a multicounty correctional center or a municipal-county or 630
multicounty-municipal correctional center, the boards of county 631
commissioners and the legislative authorities of the municipal 632
corporations contracting to establish the center may also agree to 633
contract for the private operation and management of the center as 634
provided in section 9.06 of the Revised Code, but only if the 635
center houses only misdemeanant inmates. In order to enter into a 636
contract under section 9.06 of the Revised Code, all the boards 637
and legislative authorities establishing the center shall approve 638
and be parties to the contract.639

       (H) If a person who is convicted of or pleads guilty to an 640
offense is sentenced to a term in a multicounty correctional 641
center or a municipal-county or multicounty-municipal correctional 642
center or is incarcerated in the center in the manner described in 643
division (C) of this section, or if a person who is arrested for 644
an offense, and who has been denied bail or has had bail set and 645
has not been released on bail is confined in a multicounty 646
correctional center or a municipal-county or multicounty-municipal 647
correctional center pending trial, at the time of reception and at 648
other times the officer, officers, or other person in charge of 649
the operation of the center determines to be appropriate, the 650
officer, officers, or other person in charge of the operation of 651
the center may cause the convicted or accused offender to be 652
examined and tested for tuberculosis, HIV infection, hepatitis, 653
including but not limited to hepatitis A, B, and C, and other 654
contagious diseases. The officer, officers, or other person in 655
charge of the operation of the center may cause a convicted or 656
accused offender in the center who refuses to be tested or treated 657
for tuberculosis, HIV infection, hepatitis, including but not 658
limited to hepatitis A, B, and C, or another contagious disease to 659
be tested and treated involuntarily.660

       (I) As used in this section, "multicounty-municipal" means 661
more than one county and a municipal corporation, or more than one 662
municipal corporation and a county, or more than one municipal 663
corporation and more than one county.664

       Sec. 307.932.  (A) As used in this section:665

       (1) "Division of parole and community services" means the 666
division of parole and community services of the department of 667
rehabilitation and correction.668

       (2) "Eligible offender" means, in relation to a particular 669
community alternative sentencing center or district community 670
alternative sentencing center established and operated under 671
division (E) of this section, an offender who has been convicted 672
of or pleaded guilty to a qualifying misdemeanor offense, for whom 673
no provision of the Revised Code or ordinance of a municipal 674
corporation other than section 4511.19 of the Revised Code, both 675
section 4510.14 and 4511.19 of the Revised Code, or an ordinance 676
or ordinances of a municipal corporation that provide the 677
penalties for a municipal OVI offense or for both a municipal OVI 678
ordinance and a municipal DUS ordinance of the municipal 679
corporation requires the imposition of a mandatory jail term for 680
that qualifying misdemeanor offense, and who is eligible to be 681
sentenced directly to that center and admitted to it under rules 682
adopted under division (G) of this section by the board of county 683
commissioners or affiliated group of boards of county 684
commissioners that established and operates that center.685

       (3) "Municipal OVI offense" has the same meaning as in 686
section 4511.181 of the Revised Code.687

        (4) "OVI term of confinement" means a term of confinement 688
imposed for a violation of section 4511.19 of the Revised Code or 689
for a municipal OVI offense, including any mandatory jail term or 690
mandatory term of local incarceration imposed for that violation 691
or offense.692

        (5) "Community residential sanction" means a community 693
residential sanction imposed under section 2929.26 of the Revised 694
Code for a misdemeanor violation of a section of the Revised Code 695
or a term of confinement imposed for a misdemeanor violation of a 696
municipal ordinance that is not a jail term.697

       (6) "Qualifying misdemeanor offense" means a violation of any 698
section of the Revised Code that is a misdemeanor or a violation 699
of any ordinance of a municipal corporation located in the county 700
that is a misdemeanor.701

       (7) "Municipal DUS offense" means a violation of a municipal 702
ordinance that is substantially equivalent to section 4510.14 of 703
the Revised Code.704

       (B)(1) The board of county commissioners of any county, in 705
consultation with the sheriff of the county, may formulate a 706
proposal for a community alternative sentencing center that, upon 707
implementation by the county or being subcontracted to or operated 708
by a nonprofit organization, would be used for the confinement of 709
eligible offenders sentenced directly to the center by a court 710
located in the county pursuant to a community residential sanction 711
of not more than thirty days or pursuant to an OVI term of 712
confinement of not more than sixty days, and for the purpose of 713
closely monitoring those eligible offenders' adjustment to 714
community supervision. A board that formulates a proposal pursuant 715
to this division shall do so by resolution.716

       (2) The boards of county commissioners of two or more 717
adjoining or neighboring counties, in consultation with the 718
sheriffs of each of those counties, may affiliate and formulate by 719
resolution adopted by each of them a proposal for a district 720
community alternative sentencing center that, upon implementation 721
by the counties or being subcontracted to or operated by a 722
nonprofit organization, would be used for the confinement of 723
eligible offenders sentenced directly to the center by a court 724
located in any of those counties pursuant to a community 725
residential sanction of not more than thirty days or pursuant to 726
an OVI term of confinement of not more than sixty days, and for 727
the purpose of closely monitoring those eligible offenders' 728
adjustment to community supervision. Each board that affiliates 729
with one or more other boards to formulate a proposal pursuant to 730
this division shall formulate the proposal by resolution.731

       (C) Each proposal for a community alternative sentencing 732
center or a district community alternative sentencing center that 733
is formulated under division (B)(1) or (2) of this section shall 734
include proposals for operation of the center and for criteria to 735
define which offenders are eligible to be sentenced directly to 736
the center and admitted to it. At a minimum, the proposed criteria 737
that define which offenders are eligible to be sentenced directly 738
to the center and admitted to it shall provide all of the 739
following: 740

       (1) That an offender is eligible to be sentenced directly to 741
the center and admitted to it if the offender has been convicted 742
of or pleaded guilty to a qualifying misdemeanor offense and is 743
sentenced directly to the center for the qualifying misdemeanor 744
offense pursuant to a community residential sanction of not more 745
than thirty days or pursuant to an OVI term of confinement of not 746
more than sixty days by a court that is located in the county or 747
one of the counties served by the board of county commissioners or 748
by any of the affiliated group of boards of county commissioners 749
that submits the proposal;750

       (2) That, except as otherwise provided in this division, no 751
offender is eligible to be sentenced directly to the center or 752
admitted to it if, in addition to the community residential 753
sanction or OVI term of confinement described in division (C)(1) 754
of this section, the offender is serving or has been sentenced to 755
serve any other jail term, prison term, or community residential 756
sanction. A mandatory jail term or electronic monitoring imposed 757
in lieu of a mandatory jail term for a violation of section 758
4511.19 of the Revised Code, for a municipal OVI offense, or for 759
either such offense and a similar offense that exceeds sixty days 760
of confinement shall not disqualify the offender from serving 761
sixty days of the mandatory jail term at the center.762

       (D) If a proposal for a community alternative sentencing 763
center or a district community alternative sentencing center that 764
is formulated under division (B)(1) or (2) of this section 765
contemplates the use of an existing facility, or a part of an 766
existing facility, as the center, nothing in this section limits, 767
restricts, or precludes the use of the facility, the part of the 768
facility, or any other part of the facility for any purpose other 769
than as a community alternative sentencing center or district 770
community alternative sentencing center.771

       (E) The establishment and operation of a community 772
alternative sentencing center or district community alternative 773
sentencing center may be done by subcontracting with a nonprofit 774
organization for the operation of the center.775

       If a board of county commissioners or an affiliated group of 776
boards of county commissioners establishes and operates a 777
community alternative sentencing center or district community 778
alternative sentencing center under this division, except as 779
otherwise provided in this division, the center is not a minimum 780
security jail under section 341.14, section 753.21, or any other 781
provision of the Revised Code, is not a jail or alternative 782
residential facility as defined in section 2929.01 of the Revised 783
Code, is not required to satisfy or comply with minimum standards 784
for minimum security jails or other jails that are promulgated 785
under division (A) of section 5120.10 of the Revised Code, is not 786
a local detention facility as defined in section 2929.36 of the 787
Revised Code, and is not a residential unit as defined in section 788
2950.01 of the Revised Code. The center is a detention facility as 789
defined in sections 2921.01 and 2923.124 of the Revised Code, and 790
an eligible offender confined in the center is under detention as 791
defined in section 2921.01 of the Revised Code. Regarding persons 792
sentenced directly to the center under an OVI term of confinement 793
or under both an OVI term of confinement and confinement for a 794
violation of section 4510.14 of the Revised Code or a municipal 795
DUS offense, the center shall be considered a "jail" or "local 796
correctional facility" for purposes of any provision in section 797
4510.14 or 4511.19 of the Revised Code or in an ordinance of a 798
municipal corporation that requires a mandatory jail term or 799
mandatory term of local incarceration for the violation of section 800
4511.19 of the Revised Code, the violation of both section 4510.14 801
and 4511.19 of the Revised Code, the municipal OVI offense, or the 802
municipal OVI offense and the municipal DUS offense, and a direct 803
sentence of a person to the center under an OVI term of 804
confinement or under both an OVI term of confinement and 805
confinement for a violation of section 4510.14 of the Revised Code 806
or a municipal DUS offense shall be considered to be a sentence to 807
a "jail" or "local correctional facility" for purposes of any such 808
provision in section 4510.14 or 4511.19 of the Revised Code or in 809
an ordinance of a municipal corporation.810

       (F)(1) If the board of county commissioners of a county that 811
is being served by a community alternative sentencing center 812
established pursuant to division (E) of this section determines 813
that it no longer wants to be served by the center, the board may 814
dissolve the center by adopting a resolution evidencing the 815
determination to dissolve the center.816

       (2) If the boards of county commissioners of all of the 817
counties served by any district community alternative sentencing 818
center established pursuant to division (E) of this section 819
determine that they no longer want to be served by the center, the 820
boards may dissolve the center by adopting in each county a 821
resolution evidencing the determination to dissolve the center. 822

       (3) If at least one, but not all, of the boards of county 823
commissioners of the counties being served by any district 824
community alternative sentencing center established pursuant to 825
division (E) of this section determines that it no longer wants to 826
be served by the center, the board may terminate its involvement 827
with the center by adopting a resolution evidencing the 828
determination to terminate its involvement with the center. If at 829
least one, but not all, of the boards of county commissioners of 830
the counties being served by any community alternative sentencing 831
center terminates its involvement with the center in accordance 832
with this division, the other boards of county commissioners of 833
the counties being served by the center may continue to be served 834
by the center.835

       (G) Prior to establishing or operating a community 836
alternative sentencing center or a district community alternative 837
sentencing center, the board of county commissioners or the 838
affiliated group of boards of county commissioners that formulated 839
the proposal shall adopt rules for the operation of the center. 840
The rules shall include criteria that define which offenders are 841
eligible to be sentenced directly to the center and admitted to 842
it. 843

       (H) If a board of county commissioners establishes and 844
operates a community alternative sentencing center under division 845
(E) of this section, or an affiliated group of boards of county 846
commissioners establishes and operates a district community 847
alternative sentencing center under that division, all of the 848
following apply:849

       (1) Any court located within the county served by the board 850
that establishes and operates a community correctional center may 851
directly sentence eligible offenders to the center pursuant to a 852
community residential sanction of not more than thirty days or 853
pursuant to an OVI term of confinement, a combination of an OVI 854
term of confinement and confinement for a violation of section 855
4510.14 of the Revised Code, or confinement for a municipal DUS 856
offense of not more than sixty days. Any court located within a 857
county served by any of the boards that establishes and operates a 858
district community correctional center may directly sentence 859
eligible offenders to the center pursuant to a community 860
residential sanction of not more than thirty days or pursuant to 861
an OVI term of confinement of not more than thirty days.862

       (2) Each eligible offender who is sentenced to the center as 863
described in division (H)(1) of this section and admitted to it 864
shall be offered during the eligible offender's confinement at the 865
center educational and vocational services and reentry planning 866
and may be offered any other treatment and rehabilitative services 867
that are available and that the court that sentenced the 868
particular eligible offender to the center and the administrator 869
of the center determine are appropriate based upon the offense for 870
which the eligible offender was sentenced to the community 871
residential sanction and the length of the sanction. 872

       (3) Before accepting an eligible offender sentenced to the 873
center by a court, the board or the affiliated group of boards 874
shall enter into an agreement with a political subdivision that 875
operates that court that addresses the cost and payment of medical 876
treatment or services received by eligible offenders sentenced by 877
that court while they are confined in the center. The agreement 878
may provide for the payment of the costs by the particular 879
eligible offender who receives the treatment or services, as 880
described in division (I) of this section.881

       (4) If a court sentences an eligible offender to a center 882
under authority of division (H)(1) of this section, immediately 883
after the sentence is imposed, the eligible offender shall be 884
taken to the probation department that serves the court. The 885
department shall handle any preliminary matters regarding the 886
admission of the eligible offender to the center, including a 887
determination as to whether the eligible offender may be admitted 888
to the center under the criteria included in the rules adopted 889
under division (G) of this section that define which offenders are 890
eligible to be sentenced and admitted to the center. If the 891
eligible offender is accepted for admission to the center, the 892
department shall schedule the eligible offender for the admission 893
and shall provide for the transportation of the offender to the 894
center. If an eligible offender who is sentenced to the center 895
under a community residential sanction is not accepted for 896
admission to the center for any reason, the nonacceptance shall be 897
considered a violation of a condition of the community residential 898
sanction, the eligible offender shall be taken before the court 899
that imposed the sentence, and the court may proceed as specified 900
in division (C)(2) of section 2929.25 of the Revised Code based on 901
the violation or as provided by ordinance of the municipal 902
corporation based on the violation, whichever is applicable. If an 903
eligible offender who is sentenced to the center under an OVI term 904
of confinement is not accepted for admission to the center for any 905
reason, the eligible offender shall be taken before the court that 906
imposed the sentence, and the court shall determine the place at 907
which the offender is to serve the term of confinement. If the 908
eligible offender is admitted to the center, all of the following 909
apply:910

       (a) The admission shall be under the terms and conditions 911
established by the court and the administrator of the center, and 912
the court and the administrator of the center shall provide for 913
the confinement of the eligible offender and supervise the 914
eligible offender as provided in divisions (H)(4)(b) to (f) of 915
this section.916

       (b) The eligible offender shall be confined in the center 917
during any period of time that the eligible offender is not 918
actually working at the eligible offender's approved work release 919
described in division (H)(4)(c) of this section, engaged in 920
community service activities described in division (H)(4)(d) of 921
this section, engaged in authorized vocational training or another 922
authorized educational program, engaged in another program 923
designated by the administrator of the center, or engaged in other 924
activities approved by the court and the administrator of the 925
center.926

       (c) If the court and the administrator of the center 927
determine that work release is appropriate based upon the offense 928
for which the eligible offender was sentenced to the community 929
residential sanction or OVI term of confinement and the length of 930
the sanction or term, the eligible offender may be offered work 931
release from confinement at the center and be released from 932
confinement while engaged in the work release.933

       (d) If the administrator of the center determines that 934
community service is appropriate and if the eligible offender will 935
be confined for more than ten days at the center, the eligible 936
offender may be required to participate in community service 937
activities approved by the political subdivision served by the 938
court. Community service activities that may be required under 939
this division may take place in facilities of the political 940
subdivision that operates the court, in the community, or in both 941
such locales. The eligible offender shall be released from 942
confinement while engaged in the community service activities. 943
Community service activities required under this division shall be 944
supervised by the court or an official designated by the board of 945
county commissioners or affiliated group of boards of county 946
commissioners that established and is operating the center. 947
Community service activities required under this division shall 948
not exceed in duration the period for which the eligible offender 949
will be confined at the center under the community residential 950
sanction or the OVI term of confinement.951

       (e) The confinement of the eligible offender in the center 952
shall be considered for purposes of this division and division 953
(H)(4)(f) of this section as including any period of time 954
described in division (H)(4)(b) of this section when the eligible 955
offender may be outside of the center and shall continue until the 956
expiration of the community residential sanction, the OVI term of 957
confinement, or the combination of the OVI term of confinement and 958
the confinement for the violation of section 4510.14 of the 959
Revised Code or the municipal DUS ordinance that the eligible 960
offender is serving upon admission to the center.961

       (f) After the admission and until the expiration of the 962
community residential sanction or OVI term of confinement that the 963
eligible offender is serving upon admission to the center, the 964
eligible offender shall be considered for purposes of any 965
provision in Title XXIX of the Revised Code to be serving the 966
community residential sanction or OVI term of confinement.967

       (5) The administrator of the center, or the administrator's 968
designee, shall post a sign as described in division (A)(4) of 969
section 2923.1212 of the Revised Code in a conspicuous location at 970
the center.971

       (I) The board of county commissioners that establishes and 972
operates a community alternative sentencing center under division 973
(E) of this section, or the affiliated group of boards of county 974
commissioners that establishes and operates a district community 975
alternative sentencing center under that division, may require an 976
eligible offender who is sentenced directly to the center and 977
admitted to it to pay to the county served by the board or the 978
counties served by the affiliated group of boards or the entity 979
operating the center the reasonable expenses incurred by the 980
county or counties, whichever is applicable, in supervising or 981
confining the eligible offender after being sentenced to the 982
center and admitted. Inability to pay those reasonable expenses 983
shall not be grounds for refusing to admit an otherwise eligible 984
offender to the center.985

       (J)(1) If an eligible offender who is directly sentenced to a 986
community alternative sentencing center or district community 987
alternative sentencing center and admitted to the center 988
successfully completes the service of the community residential 989
sanction in the center, the administrator of the center shall 990
notify the court that imposed the sentence, and the court shall 991
enter into the journal that the eligible offender successfully 992
completed the service of the sanction.993

       (2) If an eligible offender who is directly sentenced to a 994
community alternative sentencing center or district community 995
alternative sentencing center and admitted to the center violates 996
any rule established under this section by the board of county 997
commissioners or the affiliated group of boards of county 998
commissioners that establishes and operates the center, violates 999
any condition of the community residential sanction, the OVI term 1000
of confinement, or the combination of the OVI term of confinement 1001
and the confinement for the violation of section 4510.14 of the 1002
Revised Code or the municipal OVI ordinance imposed by the 1003
sentencing court, or otherwise does not successfully complete the 1004
service of the community residential sanction or OVI term of 1005
confinement in the center, the administrator of the center shall 1006
report the violation or failure to successfully complete the 1007
sanction or term directly to the court or to the probation 1008
department or probation officer with general control and 1009
supervision over the eligible offender. A failure to successfully 1010
complete the service of the community residential sanction, the 1011
OVI term of confinement, or the combination of the OVI term of 1012
confinement and the confinement for the violation of section 1013
4510.14 of the Revised Code or the municipal OVI ordinance in the 1014
center shall be considered a violation of a condition of the 1015
community residential sanction or the OVI term of confinement. If 1016
the administrator reports the violation to the probation 1017
department or probation officer, the department or officer shall 1018
report the violation to the court. Upon its receipt under this 1019
division of a report of a violation or failure to complete the 1020
sanction by a person sentenced to the center under a community 1021
residential sanction, the court may proceed as specified in 1022
division (C)(2) of section 2929.25 of the Revised Code based on 1023
the violation or as provided by ordinance of the municipal 1024
corporation based on the violation, whichever is applicable. Upon 1025
its receipt under this division of a report of a violation or 1026
failure to complete the term by a person sentenced to the center 1027
under an OVI term of confinement, the court shall determine the 1028
place at which the offender is to serve the remainder of the term 1029
of confinement. The eligible offender shall receive credit towards 1030
completing the eligible offender's sentence for the time spent in 1031
the center after admission to it.1032

       Sec. 309.18. (A) If a prosecuting attorney of a county 1033
receives notice from the department of rehabilitation and 1034
correction pursuant to section 5120.14 of the Revised Code that a 1035
person indicted in that county for an offense of violence that is 1036
a felony has escaped from a correctional institution under the 1037
control of the department or otherwise has escaped from the 1038
custody of the department, receives notice from the sheriff of the 1039
county pursuant to section 341.011 of the Revised Code that a 1040
person indicted for or otherwise charged with an offense of 1041
violence that is a felony and that was committed in the county has 1042
escaped from the county jail or workhouse or otherwise has escaped 1043
from the custody of the sheriff, or receives notice from a chief 1044
of police or other chief law enforcement officer of a municipal 1045
corporation pursuant to section 753.19 of the Revised Code that a 1046
person indicted for or otherwise charged with an offense of 1047
violence that is a felony and that was committed in the county has 1048
escaped from a jail or workhouse of that municipal corporation or 1049
otherwise has escaped from the custody of that municipal 1050
corporation, the prosecuting attorney shall notify each victim of 1051
an offense of violence that is a felony committed by that person 1052
of the person's escape and, if applicable, of histhe person's1053
subsequent apprehension. The notice of escape shall be given as 1054
soon as possible after receipt of the notice from the department, 1055
sheriff, or chief law enforcement officer of the municipal 1056
corporation and shall be given by telephone or in person, except 1057
that, if a prosecuting attorney tries and fails to give the notice 1058
of escape by telephone at the victim's last known telephone number 1059
or tries and fails to give the notice of escape in person at the 1060
victim's last known address, the notice of escape shall be given 1061
to the victim at histhe victim's last known address by certified 1062
mail, return receipt requested. The notice of apprehension shall 1063
be given as soon as possible after the person is apprehended and 1064
shall be given in the same manner as is the notice of escape.1065

       Any prosecuting attorney who fails to give any notice 1066
required by this sectiondivision is immune from civil liability 1067
for any injury, death, or loss to person or property that might be 1068
incurred as a result of that failure to give notice.1069

       (B) If a prosecuting attorney of a county receives notice 1070
from the department of rehabilitation and correction pursuant to 1071
section 5120.14 of the Revised Code or otherwise receives notice 1072
from the department that a person who was convicted of or pleaded 1073
guilty in that county to an offense of violence that is a felony 1074
has escaped from a correctional institution under the control of 1075
the department or otherwise has escaped from the custody of the 1076
department, and if the office of victim services of the department 1077
requests assistance from the prosecuting attorney in identifying 1078
and locating the victim of the offense, the prosecuting attorney 1079
promptly shall provide the information requested, if available, to 1080
the office of victim services.1081

       Sec. 341.12. In a county not having a sufficient jail or 1082
staff, the sheriff shall convey any person charged with the 1083
commission of an offense, sentenced to imprisonment in the county 1084
jail, or in custody upon civil process to a jail in any county the 1085
sheriff considers most convenient and secure. In the case of a 1086
person who has been charged with an offense and is being held 1087
pending trialAs used in this paragraph, any county includes a 1088
contiguous county in an adjoining state.1089

       The sheriff may call such aid as is necessary in guarding, 1090
transporting, or returning such person. Whoever neglects or 1091
refuses to render such aid, when so called upon, shall forfeit and 1092
pay the sum of ten dollars, to be recovered by an action in the 1093
name and for the use of the county.1094

       Such sheriff and his assistants shall receive such 1095
compensation for their services as the county auditor of the 1096
county from which such person was removed considers reasonable. 1097
The compensation shall be paid from the county treasury on the 1098
warrant of the auditor.1099

       The receiving sheriff shall not, pursuant to this section, 1100
convey the person received to any county other than the one from 1101
which the person was removed.1102

       Sec. 926.99.  (A)(1) Except as provided in division (A)(2) of 1103
this section, whoever violates section 926.04 of the Revised Code 1104
is guilty of a misdemeanor of the first degree on a first offense 1105
and a felony of the fifth degree on each subsequent offense. 1106

       (2) A person who violates section 926.04 of the Revised Code 1107
and who is insolvent and financially unable to satisfy a claimant 1108
as defined in section 926.021 of the Revised Code is guilty of a 1109
felony of the fifth degree if the financial obligation owed by the 1110
offender to the claimant is five hundredone thousand dollars or 1111
more and is less than fiveseven thousand five hundred dollars. If 1112
the financial obligation is fiveseven thousand five hundred1113
dollars or more and is less than one hundred fifty thousand 1114
dollars, the offender is guilty of a felony of the fourth degree. 1115
If the financial obligation is one hundred fifty thousand dollars 1116
or more, the offender is guilty of a felony of the third degree. 1117

       (B) Whoever violates division (E) or (F) of section 926.20 or 1118
division (A) of section 926.22 of the Revised Code is guilty of a 1119
minor misdemeanor on a first offense and a misdemeanor of the 1120
second degree on each subsequent offense. 1121

       (C) Whoever violates division (G) of section 926.20 or 1122
section 926.34 or 926.35 of the Revised Code is guilty of a felony 1123
of the fourth degree. 1124

       (D) Whoever violates division (A) of section 926.28 or 1125
division (B) of section 926.29 of the Revised Code is guilty of a 1126
felony of the fifth degree. 1127

       (E) Whoever violates section 926.31 of the Revised Code is 1128
guilty of a misdemeanor of the fourth degree. 1129

       Sec. 1333.99.  (A) Whoever violates sections 1333.01 to 1130
1333.04 of the Revised Code is guilty of a minor misdemeanor. 1131

       (B) Whoever violates section 1333.12 or 1333.71 of the 1132
Revised Code is guilty of a misdemeanor of the fourth degree. 1133

       (C) Whoever violates section 1333.36 of the Revised Code is 1134
guilty of a misdemeanor of the third degree. 1135

       (D) A prosecuting attorney may file an action to restrain any 1136
person found in violation of section 1333.36 of the Revised Code. 1137
Upon the filing of such an action, the common pleas court may 1138
receive evidence of such violation and forthwith grant a temporary 1139
restraining order as may be prayed for, pending a hearing on the 1140
merits of said cause. 1141

       (E) Whoever violates division (A)(1) of section 1333.52 or 1142
section 1333.81 of the Revised Code is guilty of a misdemeanor of 1143
the first degree. 1144

       (F) Whoever violates division (A)(2) or (B) of section 1145
1333.52 of the Revised Code is guilty of a misdemeanor of the 1146
second degree. 1147

       (G) Except as otherwise provided in this division, whoever 1148
violates section 1333.92 of the Revised Code is guilty of a 1149
misdemeanor of the first degree. If the value of the compensation 1150
is five hundredone thousand dollars or more and less than five1151
seven thousand five hundred dollars, whoever violates section 1152
1333.92 of the Revised Code is guilty of a felony of the fifth 1153
degree. If the value of the compensation is fiveseven thousand 1154
five hundred dollars or more and less than one hundred fifty1155
thousand dollars, whoever violates section 1333.92 of the Revised 1156
Code is guilty of a felony of the fourth degree. If the value of 1157
the compensation is one hundred fifty thousand dollars or more, 1158
whoever violates section 1333.92 of the Revised Code is guilty of 1159
a felony of the third degree. 1160

       Sec. 1707.99.  Whoever commits any act described in division 1161
(A) of section 1707.042 or section 1707.44 of the Revised Code is 1162
guilty of a violation of sections 1707.01 to 1707.45 of the 1163
Revised Code and the following apply to the offender: 1164

       (A) If the value of the funds or securities involved in the 1165
offense or the loss to the victim is less than five hundredone 1166
thousand dollars, the offender is guilty of a felony of the fifth 1167
degree, and the court may impose upon the offender an additional 1168
fine of not more than two thousand five hundred dollars. 1169

       (B) If the value of the funds or securities involved in the 1170
offense or the loss to the victim is five hundredone thousand1171
dollars or more but less than fiveseven thousand five hundred1172
dollars, the offender is guilty of a felony of the fourth degree, 1173
and the court may impose upon the offender an additional fine of 1174
not more than five thousand dollars. 1175

       (C) If the value of the funds or securities involved in the 1176
offense or the loss to the victim is fiveseven thousand five 1177
hundred dollars or more but less than twenty-fivethirty-seven1178
thousand five hundred dollars, the offender is guilty of a felony 1179
of the third degree, and the court may impose upon the offender an 1180
additional fine of not more than ten thousand dollars. 1181

       (D) If the value of the funds or securities involved in the 1182
offense or the loss to the victim is twenty-fivethirty-seven1183
thousand five hundred dollars or more but less than one hundred 1184
fifty thousand dollars, the offender is guilty of a felony of the 1185
second degree, and the court may impose upon the offender an 1186
additional fine of not more than fifteen thousand dollars. 1187

       (E) If the value of the funds or securities involved in the 1188
offense or the loss to the victim is one hundred fifty thousand 1189
dollars or more, the offender is guilty of a felony of the first 1190
degree, and the court may impose upon the offender an additional 1191
fine of not more than twenty thousand dollars.1192

       Sec. 1716.99.  (A) Whoever violates any provision of sections 1193
1716.02 to 1716.17 of the Revised Code, other than division (A)(1) 1194
of section 1716.14 of the Revised Code, is guilty of a misdemeanor 1195
of the first degree. 1196

       Each occurrence of a solicitation of a contribution from any 1197
person in violation of any provision of sections 1716.02 to 1198
1716.17 of the Revised Code, other than division (A)(1) of section 1199
1716.14 of the Revised Code, is considered a separate offense. 1200

       (B)(1) Whoever violates division (A)(1) of section 1716.14 of 1201
the Revised Code is guilty of solicitation fraud and shall be 1202
punished as provided in divisions (B)(2) to (4) of this section. 1203

       (2) Except as otherwise provided in division (B)(4) of this 1204
section, division (B)(3) of this section applies to solicitation 1205
fraud, and solicitation fraud is one of the following: 1206

       (a) Except as otherwise provided in divisions (B)(2)(b) to 1207
(d) of this section, a misdemeanor of the first degree or, if the 1208
offender previously has been convicted of or pleaded guilty to a 1209
theft offense or a violation of division (A)(1) of section 1716.14 1210
of the Revised Code, a felony of the fifth degree. 1211

       (b) If the value of the contribution or contributions made in 1212
the violation is five hundredone thousand dollars or more but 1213
less than fiveseven thousand five hundred dollars, a felony of 1214
the fifth degree or, if the offender previously has been convicted 1215
of or pleaded guilty to a theft offense or a violation of division 1216
(A)(1) of section 1716.14 of the Revised Code, a felony of the 1217
fourth degree. 1218

       (c) If the value of the contribution or contributions made in 1219
the violation is fiveseven thousand five hundred dollars or more 1220
but less than one hundred fifty thousand dollars, a felony of the 1221
fourth degree or, if the offender previously has been convicted of 1222
or pleaded guilty to a theft offense or a violation of division 1223
(A)(1) of section 1716.14 of the Revised Code, a felony of the 1224
third degree. 1225

       (d) If the value of the contribution or contributions made in 1226
the violation is one hundred fifty thousand dollars or more, a 1227
felony of the third degree. 1228

       (3) When an offender commits a series of offenses in 1229
violation of division (A)(1) of section 1716.14 of the Revised 1230
Code as part of a common scheme or plan to defraud multiple 1231
victims, all of the offenses may be tried as a single offense. If 1232
the offenses are tried as a single offense, the value of the 1233
contributions for purposes of determining the value as required by 1234
division (B)(2) of this section is the aggregate value of all 1235
contributions involved in all offenses in the common scheme or 1236
plan to defraud multiple victims. In prosecuting a single offense 1237
under this division, it is not necessary to separately allege and 1238
prove each offense in the series. Rather, it is sufficient to 1239
allege and prove that the offender, within a given span of time, 1240
committed one or more offenses as part of a common scheme or plan 1241
to defraud multiple victims as described in this division. 1242

       (4) If the victim of the offense is an elderly person or 1243
disabled adult, division (B)(4) of this section and section 1244
2913.61 of the Revised Code apply to solicitation fraud, and 1245
solicitation fraud is one of the following: 1246

       (a) Except as otherwise provided in divisions (B)(4)(b) to 1247
(d) of this section, a felony of the fifth degree; 1248

       (b) If the value of the contributions made in the violation 1249
is five hundredone thousand dollars or more and is less than 1250
fiveseven thousand five hundred dollars, a felony of the fourth 1251
degree; 1252

       (c) If the value of the contributions made in the violation 1253
is fiveseven thousand five hundred dollars or more and is less 1254
than twenty-fivethirty-seven thousand five hundred dollars, a 1255
felony of the third degree; 1256

       (d) If the value of the contributions made in the violation 1257
is twenty-fivethirty-seven thousand five hundred dollars or more, 1258
a felony of the second degree. 1259

       (C) Any person who is found guilty of any act or omission 1260
prohibited under this chapter shall forfeit the bond described in 1261
section 1716.05 or 1716.07 of the Revised Code to the state 1262
treasury to the credit of the charitable law fund established 1263
under section 109.32 of the Revised Code and shall be prohibited 1264
from registering with the attorney general or from serving as a 1265
fund-raising counsel or professional solicitor in this state for a 1266
period of five years after conviction. 1267

       Sec. 2151.23.  (A) The juvenile court has exclusive original 1268
jurisdiction under the Revised Code as follows: 1269

       (1) Concerning any child who on or about the date specified 1270
in the complaint, indictment, or information is alleged to have 1271
violated section 2151.87 of the Revised Code or an order issued 1272
under that section or to be a juvenile traffic offender or a 1273
delinquent, unruly, abused, neglected, or dependent child and, 1274
based on and in relation to the allegation pertaining to the 1275
child, concerning the parent, guardian, or other person having 1276
care of a child who is alleged to be an unruly or delinquent child 1277
for being an habitual or chronic truant; 1278

       (2) Subject to divisions (G), (K), and (V) of section 2301.03 1279
of the Revised Code, to determine the custody of any child not a 1280
ward of another court of this state; 1281

       (3) To hear and determine any application for a writ of 1282
habeas corpus involving the custody of a child; 1283

       (4) To exercise the powers and jurisdiction given the probate 1284
division of the court of common pleas in Chapter 5122. of the 1285
Revised Code, if the court has probable cause to believe that a 1286
child otherwise within the jurisdiction of the court is a mentally 1287
ill person subject to hospitalization by court order, as defined 1288
in section 5122.01 of the Revised Code; 1289

       (5) To hear and determine all criminal cases charging adults 1290
with the violation of any section of this chapter; 1291

       (6) To hear and determine all criminal cases in which an 1292
adult is charged with a violation of division (C) of section 1293
2919.21, division (B)(1) of section 2919.22, section 2919.222, 1294
division (B) of section 2919.23, or section 2919.24 of the Revised 1295
Code, provided the charge is not included in an indictment that 1296
also charges the alleged adult offender with the commission of a 1297
felony arising out of the same actions that are the basis of the 1298
alleged violation of division (C) of section 2919.21, division 1299
(B)(1) of section 2919.22, section 2919.222, division (B) of 1300
section 2919.23, or section 2919.24 of the Revised Code; 1301

       (7) Under the interstate compact on juveniles in section 1302
2151.56 of the Revised Code; 1303

       (8) Concerning any child who is to be taken into custody 1304
pursuant to section 2151.31 of the Revised Code, upon being 1305
notified of the intent to take the child into custody and the 1306
reasons for taking the child into custody; 1307

       (9) To hear and determine requests for the extension of 1308
temporary custody agreements, and requests for court approval of 1309
permanent custody agreements, that are filed pursuant to section 1310
5103.15 of the Revised Code; 1311

       (10) To hear and determine applications for consent to marry 1312
pursuant to section 3101.04 of the Revised Code; 1313

       (11) Subject to divisions (G), (K), and (V) of section 1314
2301.03 of the Revised Code, to hear and determine a request for 1315
an order for the support of any child if the request is not 1316
ancillary to an action for divorce, dissolution of marriage, 1317
annulment, or legal separation, a criminal or civil action 1318
involving an allegation of domestic violence, or an action for 1319
support brought under Chapter 3115. of the Revised Code; 1320

       (12) Concerning an action commenced under section 121.38 of 1321
the Revised Code; 1322

       (13) To hear and determine violations of section 3321.38 of 1323
the Revised Code; 1324

       (14) To exercise jurisdiction and authority over the parent, 1325
guardian, or other person having care of a child alleged to be a 1326
delinquent child, unruly child, or juvenile traffic offender, 1327
based on and in relation to the allegation pertaining to the 1328
child; 1329

       (15) To conduct the hearings, and to make the determinations, 1330
adjudications, and orders authorized or required under sections 1331
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding 1332
a child who has been adjudicated a delinquent child and to refer 1333
the duties conferred upon the juvenile court judge under sections 1334
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to 1335
magistrates appointed by the juvenile court judge in accordance 1336
with Juvenile Rule 40; 1337

       (16) To hear and determine a petition for a protection order 1338
against a child under section 2151.34 or 3113.31 of the Revised 1339
Code and to enforce a protection order issued or a consent 1340
agreement approved under either section against a child until a 1341
date certain but not later than the date the child attains 1342
nineteen years of age. 1343

       (B) Except as provided in divisions (G) and (I) of section 1344
2301.03 of the Revised Code, the juvenile court has original 1345
jurisdiction under the Revised Code: 1346

       (1) To hear and determine all cases of misdemeanors charging 1347
adults with any act or omission with respect to any child, which 1348
act or omission is a violation of any state law or any municipal 1349
ordinance; 1350

       (2) To determine the paternity of any child alleged to have 1351
been born out of wedlock pursuant to sections 3111.01 to 3111.18 1352
of the Revised Code; 1353

       (3) Under the uniform interstate family support act in 1354
Chapter 3115. of the Revised Code; 1355

       (4) To hear and determine an application for an order for the 1356
support of any child, if the child is not a ward of another court 1357
of this state; 1358

       (5) To hear and determine an action commenced under section 1359
3111.28 of the Revised Code; 1360

       (6) To hear and determine a motion filed under section 1361
3119.961 of the Revised Code; 1362

       (7) To receive filings under section 3109.74 of the Revised 1363
Code, and to hear and determine actions arising under sections 1364
3109.51 to 3109.80 of the Revised Code. 1365

        (8) To enforce an order for the return of a child made under 1366
the Hague Convention on the Civil Aspects of International Child 1367
Abduction pursuant to section 3127.32 of the Revised Code; 1368

       (9) To grant any relief normally available under the laws of 1369
this state to enforce a child custody determination made by a 1370
court of another state and registered in accordance with section 1371
3127.35 of the Revised Code. 1372

       (C) The juvenile court, except as to juvenile courts that are 1373
a separate division of the court of common pleas or a separate and 1374
independent juvenile court, has jurisdiction to hear, determine, 1375
and make a record of any action for divorce or legal separation 1376
that involves the custody or care of children and that is filed in 1377
the court of common pleas and certified by the court of common 1378
pleas with all the papers filed in the action to the juvenile 1379
court for trial, provided that no certification of that nature 1380
shall be made to any juvenile court unless the consent of the 1381
juvenile judge first is obtained. After a certification of that 1382
nature is made and consent is obtained, the juvenile court shall 1383
proceed as if the action originally had been begun in that court, 1384
except as to awards for spousal support or support due and unpaid 1385
at the time of certification, over which the juvenile court has no 1386
jurisdiction. 1387

       (D) The juvenile court, except as provided in divisions (G) 1388
and (I) of section 2301.03 of the Revised Code, has jurisdiction 1389
to hear and determine all matters as to custody and support of 1390
children duly certified by the court of common pleas to the 1391
juvenile court after a divorce decree has been granted, including 1392
jurisdiction to modify the judgment and decree of the court of 1393
common pleas as the same relate to the custody and support of 1394
children. 1395

       (E) The juvenile court, except as provided in divisions (G) 1396
and (I) of section 2301.03 of the Revised Code, has jurisdiction 1397
to hear and determine the case of any child certified to the court 1398
by any court of competent jurisdiction if the child comes within 1399
the jurisdiction of the juvenile court as defined by this section. 1400

       (F)(1) The juvenile court shall exercise its jurisdiction in 1401
child custody matters in accordance with sections 3109.04 and 1402
3127.01 to 3127.53 of the Revised Code and, as applicable, 1403
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised 1404
Code. 1405

       (2) The juvenile court shall exercise its jurisdiction in 1406
child support matters in accordance with section 3109.05 of the 1407
Revised Code. 1408

       (G) Any juvenile court that makes or modifies an order for 1409
child support shall comply with Chapters 3119., 3121., 3123., and 1410
3125. of the Revised Code. If any person required to pay child 1411
support under an order made by a juvenile court on or after April 1412
15, 1985, or modified on or after December 1, 1986, is found in 1413
contempt of court for failure to make support payments under the 1414
order, the court that makes the finding, in addition to any other 1415
penalty or remedy imposed, shall assess all court costs arising 1416
out of the contempt proceeding against the person and require the 1417
person to pay any reasonable attorney's fees of any adverse party, 1418
as determined by the court, that arose in relation to the act of 1419
contempt. 1420

       (H) If a child who is charged with an act that would be an 1421
offense if committed by an adult was fourteen years of age or 1422
older and under eighteen years of age at the time of the alleged 1423
act and if the case is transferred for criminal prosecution 1424
pursuant to section 2152.12 of the Revised Code, except as 1425
provided in section 2152.121 of the Revised Code, the juvenile 1426
court does not have jurisdiction to hear or determine the case 1427
subsequent to the transfer. The court to which the case is 1428
transferred for criminal prosecution pursuant to that section has 1429
jurisdiction subsequent to the transfer to hear and determine the 1430
case in the same manner as if the case originally had been 1431
commenced in that court, subject to section 2152.121 of the 1432
Revised Code, including, but not limited to, jurisdiction to 1433
accept a plea of guilty or another plea authorized by Criminal 1434
Rule 11 or another section of the Revised Code and jurisdiction to 1435
accept a verdict and to enter a judgment of conviction pursuant to 1436
the Rules of Criminal Procedure against the child for the 1437
commission of the offense that was the basis of the transfer of 1438
the case for criminal prosecution, whether the conviction is for 1439
the same degree or a lesser degree of the offense charged, for the 1440
commission of a lesser-included offense, or for the commission of 1441
another offense that is different from the offense charged. 1442

       (I) If a person under eighteen years of age allegedly commits 1443
an act that would be a felony if committed by an adult and if the 1444
person is not taken into custody or apprehended for that act until 1445
after the person attains twenty-one years of age, the juvenile 1446
court does not have jurisdiction to hear or determine any portion 1447
of the case charging the person with committing that act. In those 1448
circumstances, divisions (A) and (B) of section 2152.12 of the 1449
Revised Code do not apply regarding the act, and the case charging 1450
the person with committing the act shall be a criminal prosecution 1451
commenced and heard in the appropriate court having jurisdiction 1452
of the offense as if the person had been eighteen years of age or 1453
older when the person committed the act. All proceedings 1454
pertaining to the act shall be within the jurisdiction of the 1455
court having jurisdiction of the offense, and that court has all 1456
the authority and duties in the case that it has in other criminal 1457
cases in that court. 1458

       (J) In exercising its exclusive original jurisdiction under 1459
division (A)(16) of this section with respect to any proceedings 1460
brought under section 2151.34 or 3113.31 of the Revised Code in 1461
which the respondent is a child, the juvenile court retains all 1462
dispositionary powers consistent with existing rules of juvenile 1463
procedure and may also exercise its discretion to adjudicate 1464
proceedings as provided in sections 2151.34 and 3113.31 of the 1465
Revised Code, including the issuance of protection orders or the 1466
approval of consent agreements under those sections.1467

       Sec. 2152.02.  As used in this chapter:1468

       (A) "Act charged" means the act that is identified in a 1469
complaint, indictment, or information alleging that a child is a 1470
delinquent child.1471

       (B) "Admitted to a department of youth services facility" 1472
includes admission to a facility operated, or contracted for, by 1473
the department and admission to a comparable facility outside this 1474
state by another state or the United States.1475

       (C)(1) "Child" means a person who is under eighteen years of 1476
age, except as otherwise provided in divisions (C)(2) to (7) of 1477
this section.1478

       (2) Subject to division (C)(3) of this section, any person 1479
who violates a federal or state law or a municipal ordinance prior 1480
to attaining eighteen years of age shall be deemed a "child" 1481
irrespective of that person's age at the time the complaint with 1482
respect to that violation is filed or the hearing on the complaint 1483
is held.1484

       (3) Any person who, while under eighteen years of age, 1485
commits an act that would be a felony if committed by an adult and 1486
who is not taken into custody or apprehended for that act until 1487
after the person attains twenty-one years of age is not a child in 1488
relation to that act.1489

       (4) AnyExcept as otherwise provided in division (C)(5) of 1490
this section, any person whose case is transferred for criminal 1491
prosecution pursuant to section 2152.12 of the Revised Code shall 1492
be deemed after the transfer not to be a child in the transferred 1493
case.1494

       (5) Any person whose case is transferred for criminal 1495
prosecution pursuant to section 2152.12 of the Revised Code and 1496
who subsequently is convicted of or pleads guilty to a felony in 1497
that case, unless a serious youthful offender dispositional 1498
sentence is imposed on the child for that offense under division 1499
(B)(2) or (3) of section 2152.121 of the Revised Code and the 1500
adult portion of that sentence is not invoked pursuant to section 1501
2152.14 of the Revised Code, and any person who is adjudicated a 1502
delinquent child for the commission of an act, who has a serious 1503
youthful offender dispositional sentence imposed for the act 1504
pursuant to section 2152.13 of the Revised Code, and whose adult 1505
portion of the dispositional sentence is invoked pursuant to 1506
section 2152.14 of the Revised Code, shall be deemed after the 1507
transfer or invocation not to be a child in any case in which a 1508
complaint is filed against the person.1509

       (6) The juvenile court has jurisdiction over a person who is 1510
adjudicated a delinquent child or juvenile traffic offender prior 1511
to attaining eighteen years of age until the person attains 1512
twenty-one years of age, and, for purposes of that jurisdiction 1513
related to that adjudication, except as otherwise provided in this 1514
division, a person who is so adjudicated a delinquent child or 1515
juvenile traffic offender shall be deemed a "child" until the 1516
person attains twenty-one years of age. If a person is so 1517
adjudicated a delinquent child or juvenile traffic offender and 1518
the court makes a disposition of the person under this chapter, at 1519
any time after the person attains eighteen years of age, the 1520
places at which the person may be held under that disposition are 1521
not limited to places authorized under this chapter solely for 1522
confinement of children, and the person may be confined under that 1523
disposition, in accordance with division (F)(2) of section 2152.26 1524
of the Revised Code, in places other than those authorized under 1525
this chapter solely for confinement of children.1526

       (7) Any person who, while eighteen years of age, violates 1527
division (A)(1) or (2) of section 2919.27 of the Revised Code by 1528
violating a protection order issued or consent agreement approved 1529
under section 2151.34 or 3113.31 of the Revised Code shall be 1530
considered a child for the purposes of that violation of section 1531
2919.27 of the Revised Code.1532

       (D) "Chronic truant" means any child of compulsory school age 1533
who is absent without legitimate excuse for absence from the 1534
public school the child is supposed to attend for seven or more 1535
consecutive school days, ten or more school days in one school 1536
month, or fifteen or more school days in a school year.1537

       (E) "Community corrections facility," "public safety beds," 1538
"release authority," and "supervised release" have the same 1539
meanings as in section 5139.01 of the Revised Code.1540

       (F) "Delinquent child" includes any of the following:1541

       (1) Any child, except a juvenile traffic offender, who 1542
violates any law of this state or the United States, or any 1543
ordinance of a political subdivision of the state, that would be 1544
an offense if committed by an adult;1545

       (2) Any child who violates any lawful order of the court made 1546
under this chapter or under Chapter 2151. of the Revised Code 1547
other than an order issued under section 2151.87 of the Revised 1548
Code;1549

       (3) Any child who violates division (C) of section 2907.39, 1550
division (A) of section 2923.211, or division (C)(1) or (D) of 1551
section 2925.55 of the Revised Code;1552

       (4) Any child who is a habitual truant and who previously has 1553
been adjudicated an unruly child for being a habitual truant;1554

       (5) Any child who is a chronic truant.1555

       (G) "Discretionary serious youthful offender" means a person 1556
who is eligible for a discretionary SYO and who is not transferred 1557
to adult court under a mandatory or discretionary transfer.1558

       (H) "Discretionary SYO" means a case in which the juvenile 1559
court, in the juvenile court's discretion, may impose a serious 1560
youthful offender disposition under section 2152.13 of the Revised 1561
Code.1562

       (I) "Discretionary transfer" means that the juvenile court 1563
has discretion to transfer a case for criminal prosecution under 1564
division (B) of section 2152.12 of the Revised Code.1565

       (J) "Drug abuse offense," "felony drug abuse offense," and 1566
"minor drug possession offense" have the same meanings as in 1567
section 2925.01 of the Revised Code.1568

       (K) "Electronic monitoring" and "electronic monitoring 1569
device" have the same meanings as in section 2929.01 of the 1570
Revised Code.1571

       (L) "Economic loss" means any economic detriment suffered by 1572
a victim of a delinquent act or juvenile traffic offense as a 1573
direct and proximate result of the delinquent act or juvenile 1574
traffic offense and includes any loss of income due to lost time 1575
at work because of any injury caused to the victim and any 1576
property loss, medical cost, or funeral expense incurred as a 1577
result of the delinquent act or juvenile traffic offense. 1578
"Economic loss" does not include non-economic loss or any punitive 1579
or exemplary damages.1580

       (M) "Firearm" has the same meaning as in section 2923.11 of 1581
the Revised Code.1582

       (N) "Juvenile traffic offender" means any child who violates 1583
any traffic law, traffic ordinance, or traffic regulation of this 1584
state, the United States, or any political subdivision of this 1585
state, other than a resolution, ordinance, or regulation of a 1586
political subdivision of this state the violation of which is 1587
required to be handled by a parking violations bureau or a joint 1588
parking violations bureau pursuant to Chapter 4521. of the Revised 1589
Code.1590

       (O) A "legitimate excuse for absence from the public school 1591
the child is supposed to attend" has the same meaning as in 1592
section 2151.011 of the Revised Code.1593

       (P) "Mandatory serious youthful offender" means a person who 1594
is eligible for a mandatory SYO and who is not transferred to 1595
adult court under a mandatory or discretionary transfer and also 1596
includes, for purposes of imposition of a mandatory serious 1597
youthful dispositional sentence under section 2152.13 of the 1598
Revised Code, a person upon whom a juvenile court is required to 1599
impose such a sentence under division (B)(3) of section 2152.121 1600
of the Revised Code.1601

       (Q) "Mandatory SYO" means a case in which the juvenile court 1602
is required to impose a mandatory serious youthful offender 1603
disposition under section 2152.13 of the Revised Code.1604

       (R) "Mandatory transfer" means that a case is required to be 1605
transferred for criminal prosecution under division (A) of section 1606
2152.12 of the Revised Code.1607

       (S) "Mental illness" has the same meaning as in section 1608
5122.01 of the Revised Code.1609

       (T) "Mentally retarded person" has the same meaning as in 1610
section 5123.01 of the Revised Code.1611

       (U) "Monitored time" and "repeat violent offender" have the 1612
same meanings as in section 2929.01 of the Revised Code.1613

       (V) "Of compulsory school age" has the same meaning as in 1614
section 3321.01 of the Revised Code.1615

       (W) "Public record" has the same meaning as in section 149.43 1616
of the Revised Code.1617

       (X) "Serious youthful offender" means a person who is 1618
eligible for a mandatory SYO or discretionary SYO but who is not 1619
transferred to adult court under a mandatory or discretionary 1620
transfer and also includes, for purposes of imposition of a 1621
mandatory serious youthful dispositional sentence under section 1622
2152.13 of the Revised Code, a person upon whom a juvenile court 1623
is required to impose such a sentence under division (B)(3) of 1624
section 2152.121 of the Revised Code.1625

       (Y) "Sexually oriented offense," "juvenile offender 1626
registrant," "child-victim oriented offense," "tier I sex 1627
offender/child-victim offender," "tier II sex 1628
offender/child-victim offender," "tier III sex 1629
offender/child-victim offender," and "public registry-qualified 1630
juvenile offender registrant" have the same meanings as in section 1631
2950.01 of the Revised Code.1632

       (Z) "Traditional juvenile" means a case that is not 1633
transferred to adult court under a mandatory or discretionary 1634
transfer, that is eligible for a disposition under sections 1635
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and 1636
that is not eligible for a disposition under section 2152.13 of 1637
the Revised Code.1638

       (AA) "Transfer" means the transfer for criminal prosecution 1639
of a case involving the alleged commission by a child of an act 1640
that would be an offense if committed by an adult from the 1641
juvenile court to the appropriate court that has jurisdiction of 1642
the offense.1643

       (BB) "Category one offense" means any of the following:1644

       (1) A violation of section 2903.01 or 2903.02 of the Revised 1645
Code;1646

       (2) A violation of section 2923.02 of the Revised Code 1647
involving an attempt to commit aggravated murder or murder.1648

       (CC) "Category two offense" means any of the following:1649

       (1) A violation of section 2903.03, 2905.01, 2907.02, 1650
2909.02, 2911.01, or 2911.11 of the Revised Code;1651

       (2) A violation of section 2903.04 of the Revised Code that 1652
is a felony of the first degree;1653

       (3) A violation of section 2907.12 of the Revised Code as it 1654
existed prior to September 3, 1996.1655

       (DD) "Non-economic loss" means nonpecuniary harm suffered by 1656
a victim of a delinquent act or juvenile traffic offense as a 1657
result of or related to the delinquent act or juvenile traffic 1658
offense, including, but not limited to, pain and suffering; loss 1659
of society, consortium, companionship, care, assistance, 1660
attention, protection, advice, guidance, counsel, instruction, 1661
training, or education; mental anguish; and any other intangible 1662
loss.1663

       Sec. 2152.021.  (A)(1) Subject to division (A)(2) of this 1664
section, any person having knowledge of a child who appears to be 1665
a juvenile traffic offender or to be a delinquent child may file a 1666
sworn complaint with respect to that child in the juvenile court 1667
of the county in which the child has a residence or legal 1668
settlement or in which the traffic offense or delinquent act 1669
allegedly occurred. The sworn complaint may be upon information 1670
and belief, and, in addition to the allegation that the child is a 1671
delinquent child or a juvenile traffic offender, the complaint 1672
shall allege the particular facts upon which the allegation that 1673
the child is a delinquent child or a juvenile traffic offender is 1674
based.1675

       If a child appears to be a delinquent child who is eligible 1676
for a serious youthful offender dispositional sentence under 1677
section 2152.11 of the Revised Code and if the prosecuting 1678
attorney desires to seek a serious youthful offender dispositional 1679
sentence under section 2152.13 of the Revised Code in regard to 1680
the child, the prosecuting attorney of the county in which the 1681
alleged delinquency occurs may initiate a case in the juvenile 1682
court of the county by presenting the case to a grand jury for 1683
indictment, by charging the child in a bill of information as a 1684
serious youthful offender pursuant to section 2152.13 of the 1685
Revised Code, by requesting a serious youthful offender 1686
dispositional sentence in the original complaint alleging that the 1687
child is a delinquent child, or by filing with the juvenile court 1688
a written notice of intent to seek a serious youthful offender 1689
dispositional sentence. This paragraph does not apply regarding 1690
the imposition of a serious youthful offender dispositional 1691
sentence pursuant to section 2152.121 of the Revised Code.1692

       (2) Any person having knowledge of a child who appears to be 1693
a delinquent child for being an habitual or chronic truant may 1694
file a sworn complaint with respect to that child, or with respect 1695
to that child and the parent, guardian, or other person having 1696
care of the child, in the juvenile court of the county in which 1697
the child has a residence or legal settlement or in which the 1698
child is supposed to attend public school. The sworn complaint may 1699
be upon information and belief and shall contain the following 1700
allegations:allege that1701

       (a) That the child is a delinquent child for being a chronic 1702
truant or an habitual truant who previously has been adjudicated 1703
an unruly child for being a habitual truant and, in addition, the 1704
particular facts upon which that allegation is based;. If the 1705
complaint contains allegations regarding the child's parent, 1706
guardian, or other person having care of the child, the complaint 1707
additionally shall allege that1708

       (b) That the parent, guardian, or other person having care of 1709
the child has failed to cause the child's attendance at school in 1710
violation of section 3321.38 of the Revised Code and, in addition, 1711
the particular facts upon which that allegation is based.1712

       (B) Any person with standing under applicable law may file a 1713
complaint for the determination of any other matter over which the 1714
juvenile court is given jurisdiction by section 2151.23 of the 1715
Revised Code. The complaint shall be filed in the county in which 1716
the child who is the subject of the complaint is found or was last 1717
known to be found.1718

       (C) Within ten days after the filing of a complaint or the 1719
issuance of an indictment, the court shall give written notice of 1720
the filing of the complaint or the issuance of an indictment and 1721
of the substance of the complaint or indictment to the 1722
superintendent of a city, local, exempted village, or joint 1723
vocational school district if the complaint or indictment alleges 1724
that a child committed an act that would be a criminal offense if 1725
committed by an adult, that the child was sixteen years of age or 1726
older at the time of the commission of the alleged act, and that 1727
the alleged act is any of the following:1728

       (1) A violation of section 2923.122 of the Revised Code that 1729
relates to property owned or controlled by, or to an activity held 1730
under the auspices of, the board of education of that school 1731
district;1732

       (2) A violation of section 2923.12 of the Revised Code, of a 1733
substantially similar municipal ordinance, or of section 2925.03 1734
of the Revised Code that was committed on property owned or 1735
controlled by, or at an activity held under the auspices of, the 1736
board of education of that school district;1737

       (3) A violation of section 2925.11 of the Revised Code that 1738
was committed on property owned or controlled by, or at an 1739
activity held under the auspices of, the board of education of 1740
that school district, other than a violation of that section that 1741
would be a minor drug possession offense if committed by an adult;1742

       (4) A violation of section 2903.01, 2903.02, 2903.03, 1743
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1744
Code, or a violation of former section 2907.12 of the Revised 1745
Code, that was committed on property owned or controlled by, or at 1746
an activity held under the auspices of, the board of education of 1747
that school district, if the victim at the time of the commission 1748
of the alleged act was an employee of the board of education of 1749
that school district;1750

       (5) Complicity in any violation described in division (C)(1), 1751
(2), (3), or (4) of this section that was alleged to have been 1752
committed in the manner described in division (C)(1), (2), (3), or 1753
(4) of this section, regardless of whether the act of complicity 1754
was committed on property owned or controlled by, or at an 1755
activity held under the auspices of, the board of education of 1756
that school district.1757

       (D) A public children services agency, acting pursuant to a 1758
complaint or an action on a complaint filed under this section, is 1759
not subject to the requirements of section 3127.23 of the Revised 1760
Code.1761

       (E) For purposes of the record to be maintained by the clerk 1762
under division (B) of section 2152.71 of the Revised Code, when a 1763
complaint is filed that alleges that a child is a delinquent 1764
child, the court shall determine if the victim of the alleged 1765
delinquent act was sixty-five years of age or older or permanently 1766
and totally disabled at the time of the alleged commission of the 1767
act.1768

       Sec.  2152.12.  (A)(1)(a) After a complaint has been filed 1769
alleging that a child is a delinquent child for committing an act 1770
that would be aggravated murder, murder, attempted aggravated 1771
murder, or attempted murder if committed by an adult, the juvenile 1772
court at a hearing shall transfer the case if theeither of the 1773
following applies:1774

       (i) The child was sixteen or seventeen years of age at the 1775
time of the act charged and there is probable cause to believe 1776
that the child committed the act charged. The juvenile court also 1777
shall transfer the case at a hearing if the1778

       (ii) The child was fourteen or fifteen years of age at the 1779
time of the act charged, if section 2152.10 of the Revised Code 1780
provides that the child is eligible for mandatory transfer, and if1781
there is probable cause to believe that the child committed the 1782
act charged.1783

       (b) After a complaint has been filed alleging that a child is 1784
a delinquent child by reason of committing a category two offense, 1785
the juvenile court at a hearing shall transfer the case if the 1786
child was sixteen or seventeen years of age at the time of the act 1787
charged and either of the following applies:1788

       (i) Division (A)(2)(a) of section 2152.10 of the Revised Code 1789
requires the mandatory transfer of the case, and there is probable 1790
cause to believe that the child committed the act charged.1791

       (ii) Division (A)(2)(b) of section 2152.10 of the Revised 1792
Code requires the mandatory transfer of the case, and there is 1793
probable cause to believe that the child committed the act 1794
charged.1795

       (2) The juvenile court also shall transfer a case in the 1796
circumstances described in division (C)(5) of section 2152.02 of 1797
the Revised Code or if either of the following applies:1798

       (a) A complaint is filed against a child who is eligible for 1799
a discretionary transfer under section 2152.10 of the Revised Code 1800
and who previously was convicted of or pleaded guilty to a felony 1801
in a case that was transferred to a criminal court.1802

       (b) A complaint is filed against a child who is domiciled in 1803
another state alleging that the child is a delinquent child for 1804
committing an act that would be a felony if committed by an adult, 1805
and, if the act charged had been committed in that other state, 1806
the child would be subject to criminal prosecution as an adult 1807
under the law of that other state without the need for a transfer 1808
of jurisdiction from a juvenile, family, or similar noncriminal 1809
court to a criminal court.1810

       (3) If a complaint is filed against a child alleging that the 1811
child is a delinquent child and the case is transferred pursuant 1812
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if 1813
the child subsequently is convicted of or pleads guilty to an 1814
offense in that case, the sentence to be imposed or disposition to 1815
be made of the child shall be determined in accordance with 1816
section 2152.121 of the Revised Code.1817

       (B) Except as provided in division (A) of this section, after 1818
a complaint has been filed alleging that a child is a delinquent 1819
child for committing an act that would be a felony if committed by 1820
an adult, the juvenile court at a hearing may transfer the case if 1821
the court finds all of the following:1822

       (1) The child was fourteen years of age or older at the time 1823
of the act charged.1824

       (2) There is probable cause to believe that the child 1825
committed the act charged.1826

       (3) The child is not amenable to care or rehabilitation 1827
within the juvenile system, and the safety of the community may 1828
require that the child be subject to adult sanctions. In making 1829
its decision under this division, the court shall consider whether 1830
the applicable factors under division (D) of this section 1831
indicating that the case should be transferred outweigh the 1832
applicable factors under division (E) of this section indicating 1833
that the case should not be transferred. The record shall indicate 1834
the specific factors that were applicable and that the court 1835
weighed.1836

       (C) Before considering a transfer under division (B) of this 1837
section, the juvenile court shall order an investigation, 1838
including a mental examination of the child by a public or private 1839
agency or a person qualified to make the examination. The child 1840
may waive the examination required by this division if the court 1841
finds that the waiver is competently and intelligently made. 1842
Refusal to submit to a mental examination by the child constitutes 1843
a waiver of the examination.1844

       (D) In considering whether to transfer a child under division 1845
(B) of this section, the juvenile court shall consider the 1846
following relevant factors, and any other relevant factors, in 1847
favor of a transfer under that division:1848

       (1) The victim of the act charged suffered physical or 1849
psychological harm, or serious economic harm, as a result of the 1850
alleged act.1851

       (2) The physical or psychological harm suffered by the victim 1852
due to the alleged act of the child was exacerbated because of the 1853
physical or psychological vulnerability or the age of the victim.1854

       (3) The child's relationship with the victim facilitated the 1855
act charged.1856

       (4) The child allegedly committed the act charged for hire or 1857
as a part of a gang or other organized criminal activity.1858

       (5) The child had a firearm on or about the child's person or 1859
under the child's control at the time of the act charged, the act 1860
charged is not a violation of section 2923.12 of the Revised Code, 1861
and the child, during the commission of the act charged, allegedly 1862
used or displayed the firearm, brandished the firearm, or 1863
indicated that the child possessed a firearm.1864

       (6) At the time of the act charged, the child was awaiting 1865
adjudication or disposition as a delinquent child, was under a 1866
community control sanction, or was on parole for a prior 1867
delinquent child adjudication or conviction.1868

       (7) The results of any previous juvenile sanctions and 1869
programs indicate that rehabilitation of the child will not occur 1870
in the juvenile system.1871

       (8) The child is emotionally, physically, or psychologically 1872
mature enough for the transfer.1873

       (9) There is not sufficient time to rehabilitate the child 1874
within the juvenile system.1875

       (E) In considering whether to transfer a child under division 1876
(B) of this section, the juvenile court shall consider the 1877
following relevant factors, and any other relevant factors, 1878
against a transfer under that division:1879

       (1) The victim induced or facilitated the act charged.1880

       (2) The child acted under provocation in allegedly committing 1881
the act charged.1882

       (3) The child was not the principal actor in the act charged, 1883
or, at the time of the act charged, the child was under the 1884
negative influence or coercion of another person.1885

       (4) The child did not cause physical harm to any person or 1886
property, or have reasonable cause to believe that harm of that 1887
nature would occur, in allegedly committing the act charged.1888

       (5) The child previously has not been adjudicated a 1889
delinquent child.1890

       (6) The child is not emotionally, physically, or 1891
psychologically mature enough for the transfer.1892

       (7) The child has a mental illness or is a mentally retarded 1893
person.1894

       (8) There is sufficient time to rehabilitate the child within 1895
the juvenile system and the level of security available in the 1896
juvenile system provides a reasonable assurance of public safety.1897

       (F) If one or more complaints are filed alleging that a child 1898
is a delinquent child for committing two or more acts that would 1899
be offenses if committed by an adult, if a motion is made alleging 1900
that division (A) of this section applies and requires that the 1901
case or cases involving one or more of the acts charged be 1902
transferred for, and if a motion also is made requesting that the 1903
case or cases involving one or more of the acts charged be 1904
transferred pursuant to division (B) of this section, the juvenile 1905
court, in deciding the motions, shall proceed in the following 1906
manner:1907

       (1) Initially, the court shall decide the motion alleging 1908
that division (A) of this section applies and requires that the 1909
case or cases involving one or more of the acts charged be 1910
transferred.1911

       (2) If the court determines that division (A) of this section 1912
applies and requires that the case or cases involving one or more 1913
of the acts charged be transferred, the court shall transfer the 1914
case or cases in accordance with that division. After the transfer 1915
pursuant to division (A) of this section, the court shall decide, 1916
in accordance with division (B) of this section, whether to grant 1917
the motion requesting that the case or cases involving one or more 1918
of the acts charged be transferred pursuant to that division. 1919
Notwithstanding division (B) of this section, prior to 1920
transferring a case pursuant to division (A) of this section, the 1921
court is not required to consider any factor specified in division 1922
(D) or (E) of this section or to conduct an investigation under 1923
division (C) of this section.1924

       (3) If the court determines that division (A) of this section 1925
does not require that the case or cases involving one or more of 1926
the acts charged be transferred, the court shall decide in 1927
accordance with division (B) of this section whether to grant the 1928
motion requesting that the case or cases involving one or more of 1929
the acts charged be transferred pursuant to that division.1930

       (G) The court shall give notice in writing of the time, 1931
place, and purpose of any hearing held pursuant to division (A) or 1932
(B) of this section to the child's parents, guardian, or other 1933
custodian and to the child's counsel at least three days prior to 1934
the hearing.1935

       (H) No person, either before or after reaching eighteen years 1936
of age, shall be prosecuted as an adult for an offense committed 1937
prior to becoming eighteen years of age, unless the person has 1938
been transferred as provided in division (A) or (B) of this 1939
section or unless division (J) of this section applies. Any 1940
prosecution that is had in a criminal court on the mistaken belief 1941
that the person who is the subject of the case was eighteen years 1942
of age or older at the time of the commission of the offense shall 1943
be deemed a nullity, and the person shall not be considered to 1944
have been in jeopardy on the offense.1945

       (I) Upon the transfer of a case under division (A) or (B) of 1946
this section, the juvenile court shall state the reasons for the 1947
transfer on the record, and shall order the child to enter into a 1948
recognizance with good and sufficient surety for the child's 1949
appearance before the appropriate court for any disposition that 1950
the court is authorized to make for a similar act committed by an 1951
adult. The transfer abates the jurisdiction of the juvenile court 1952
with respect to the delinquent acts alleged in the complaint, and, 1953
upon the transfer, all further proceedings pertaining to the act 1954
charged shall be discontinued in the juvenile court, and the case 1955
then shall be within the jurisdiction of the court to which it is 1956
transferred as described in division (H) of section 2151.23 of the 1957
Revised Code.1958

       (J) If a person under eighteen years of age allegedly commits 1959
an act that would be a felony if committed by an adult and if the 1960
person is not taken into custody or apprehended for that act until 1961
after the person attains twenty-one years of age, the juvenile 1962
court does not have jurisdiction to hear or determine any portion 1963
of the case charging the person with committing that act. In those 1964
circumstances, divisions (A) and (B) of this section do not apply 1965
regarding the act, and the case charging the person with 1966
committing the act shall be a criminal prosecution commenced and 1967
heard in the appropriate court having jurisdiction of the offense 1968
as if the person had been eighteen years of age or older when the 1969
person committed the act. All proceedings pertaining to the act 1970
shall be within the jurisdiction of the court having jurisdiction 1971
of the offense, and that court has all the authority and duties in 1972
the case as it has in other criminal cases in that court.1973

       Sec. 2152.121.  (A) If a complaint is filed against a child 1974
alleging that the child is a delinquent child and the case is 1975
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of 1976
section 2152.12 of the Revised Code, the juvenile court that 1977
transferred the case shall retain jurisdiction for purposes of 1978
making disposition of the child when required under division (B) 1979
of this section.1980

       (B) If a complaint is filed against a child alleging that the 1981
child is a delinquent child, if the case is transferred pursuant 1982
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of 1983
the Revised Code, and if the child subsequently is convicted of or 1984
pleads guilty to an offense in that case, the sentence to be 1985
imposed or disposition to be made of the child shall be determined 1986
as follows:1987

       (1) The court in which the child is convicted of or pleads 1988
guilty to the offense shall determine whether, had a complaint 1989
been filed in juvenile court alleging that the child was a 1990
delinquent child for committing an act that would be that offense 1991
if committed by an adult, division (A) of section 2152.12 of the 1992
Revised Code would have required mandatory transfer of the case or 1993
division (B) of that section would have allowed discretionary 1994
transfer of the case. The court shall not consider the factor 1995
specified in division (B)(3) of section 2152.12 of the Revised 1996
Code in making its determination under this division.1997

       (2) If the court in which the child is convicted of or pleads 1998
guilty to the offense determines under division (B)(1) of this 1999
section that, had a complaint been filed in juvenile court 2000
alleging that the child was a delinquent child for committing an 2001
act that would be that offense if committed by an adult, division 2002
(A) of section 2152.12 of the Revised Code would not have required 2003
mandatory transfer of the case, and division (B) of that section 2004
would not have allowed discretionary transfer of the case, the 2005
court shall transfer jurisdiction of the case back to the juvenile 2006
court that initially transferred the case, and the juvenile court 2007
shall impose one or more traditional juvenile dispositions upon 2008
the child under sections 2152.19 and 2152.20 of the Revised Code.2009

       (3) If the court in which the child is convicted of or pleads 2010
guilty to the offense determines under division (B)(1) of this 2011
section that, had a complaint been filed in juvenile court 2012
alleging that the child was a delinquent child for committing an 2013
act that would be that offense if committed by an adult, division 2014
(A) of section 2152.12 of the Revised Code would not have required 2015
mandatory transfer of the case but division (B) of that section 2016
would have allowed discretionary transfer of the case, the court 2017
shall determine the sentence it believes should be imposed upon 2018
the child under Chapter 2929. of the Revised Code, shall impose 2019
that sentence upon the child, and shall stay that sentence pending 2020
completion of the procedures specified in this division. Upon 2021
imposition and staying of the sentence, the court shall transfer 2022
jurisdiction of the case back to the juvenile court that initially 2023
transferred the case and the juvenile court shall proceed in 2024
accordance with this division. In no case may the child waive a 2025
right to a hearing of the type described in division (B)(3)(b) of 2026
this section, regarding a motion filed as described in that 2027
division by the prosecuting attorney in the case. Upon transfer of 2028
jurisdiction of the case back to the juvenile court, both of the 2029
following apply:2030

       (a) Except as otherwise provided in division (B)(3)(b) of 2031
this section, the juvenile court shall impose a serious youthful 2032
offender dispositional sentence upon the child under division 2033
(D)(1) of section 2152.13 of the Revised Code. In imposing the 2034
adult portion of that sentence, the juvenile court shall consider 2035
and give preference to the sentence imposed upon the child by the 2036
court in which the child was convicted of or pleaded guilty to the 2037
offense. Upon imposing a serious youthful offender dispositional 2038
sentence upon the child as described in this division, the 2039
juvenile court shall notify the court in which the child was 2040
convicted of or pleaded guilty to the offense, the sentence 2041
imposed upon the child by that court shall terminate, the court 2042
and all other agencies that have any record of the conviction of 2043
the child shall expunge the conviction or guilty plea and all 2044
records of it, the conviction or guilty plea shall be considered 2045
and treated for all purposes other than as provided in this 2046
section to have never occurred, and the conviction or guilty plea 2047
shall be considered and treated for all purposes other than as 2048
provided in this section to have been a delinquent child 2049
adjudication of the child.2050

       (b) Upon the transfer, the prosecuting attorney in the case 2051
may file a motion in the juvenile court that objects to the 2052
imposition of a serious youthful offender dispositional sentence 2053
upon the child and requests that the sentence imposed upon the 2054
child by the court in which the child was convicted of or pleaded 2055
guilty to the offense be invoked. Upon the filing of a motion 2056
under this division, the juvenile court shall hold a hearing to 2057
determine whether the child is not amenable to care or 2058
rehabilitation within the juvenile system and whether the safety 2059
of the community may require that the child be subject solely to 2060
adult sanctions. If the juvenile court at the hearing finds that 2061
the child is not amenable to care or rehabilitation within the 2062
juvenile system or that the safety of the community may require 2063
that the child be subject solely to adult sanctions, the court 2064
shall grant the motion. Absent such a finding, the juvenile court 2065
shall deny the motion. In making its decision under this division, 2066
the juvenile court shall consider the factors listed in division 2067
(D) of section 2152.12 of the Revised Code as factors indicating 2068
that the motion should be granted, shall consider the factors 2069
listed in division (E) of that section as factors indicating that 2070
the motion should not be granted, and shall consider whether the 2071
applicable factors listed in division (D) of that section outweigh 2072
the applicable factors listed in division (E) of that section.2073

       If the juvenile court grants the motion of the prosecuting 2074
attorney under this division, the juvenile court shall transfer 2075
jurisdiction of the case back to the court in which the child was 2076
convicted of or pleaded guilty to the offense, and the sentence 2077
imposed by that court shall be invoked. If the juvenile court 2078
denies the motion of the prosecuting attorney under this section, 2079
the juvenile court shall impose a serious youthful offender 2080
dispositional sentence upon the child in accordance with division 2081
(B)(3)(a) of this section. 2082

       (4) If the court in which the child is convicted of or pleads 2083
guilty to the offense determines under division (B)(1) of this 2084
section that, had a complaint been filed in juvenile court 2085
alleging that the child was a delinquent child for committing an 2086
act that would be that offense if committed by an adult, division 2087
(A) of section 2152.12 of the Revised Code would have required 2088
mandatory transfer of the case, the court shall impose sentence 2089
upon the child under Chapter 2929. of the Revised Code. 2090

       Sec. 2152.13.  (A) A juvenile court shall impose a serious 2091
youthful dispositional sentence on a child when required under 2092
division (B)(3) of section 2152.121 of the Revised Code. In such a 2093
case, the remaining provisions of this division and divisions (B) 2094
and (C) do not apply to the child, and the court shall impose the 2095
mandatory serious youthful dispositional sentence under division 2096
(D)(1) of this section.2097

       In all other cases, a juvenile court may impose a serious 2098
youthful offender dispositional sentence on a child only if the 2099
prosecuting attorney of the county in which the delinquent act 2100
allegedly occurred initiates the process against the child in 2101
accordance with this division, and the child is an alleged 2102
delinquent child who is eligible for the dispositional sentence. 2103
The prosecuting attorney may initiate the process in any of the 2104
following ways:2105

       (1) Obtaining an indictment of the child as a serious 2106
youthful offender;2107

       (2) The child waives the right to indictment, charging the 2108
child in a bill of information as a serious youthful offender;2109

       (3) Until an indictment or information is obtained, 2110
requesting a serious youthful offender dispositional sentence in 2111
the original complaint alleging that the child is a delinquent 2112
child;2113

       (4) Until an indictment or information is obtained, if the 2114
original complaint does not request a serious youthful offender 2115
dispositional sentence, filing with the juvenile court a written 2116
notice of intent to seek a serious youthful offender dispositional 2117
sentence within twenty days after the later of the following, 2118
unless the time is extended by the juvenile court for good cause 2119
shown:2120

       (a) The date of the child's first juvenile court hearing 2121
regarding the complaint;2122

       (b) The date the juvenile court determines not to transfer 2123
the case under section 2152.12 of the Revised Code.2124

       After a written notice is filed under division (A)(4) of this 2125
section, the juvenile court shall serve a copy of the notice on 2126
the child and advise the child of the prosecuting attorney's 2127
intent to seek a serious youthful offender dispositional sentence 2128
in the case.2129

       (B) If an alleged delinquent child is not indicted or charged 2130
by information as described in division (A)(1) or (2) of this 2131
section and if a notice or complaint as described in division 2132
(A)(3) or (4) of this section indicates that the prosecuting 2133
attorney intends to pursue a serious youthful offender 2134
dispositional sentence in the case, the juvenile court shall hold 2135
a preliminary hearing to determine if there is probable cause that 2136
the child committed the act charged and is by age eligible for, or 2137
required to receive, a serious youthful offender dispositional 2138
sentence.2139

       (C)(1) A child for whom a serious youthful offender 2140
dispositional sentence is sought by a prosecuting attorney has the 2141
right to a grand jury determination of probable cause that the 2142
child committed the act charged and that the child is eligible by 2143
age for a serious youthful offender dispositional sentence. The 2144
grand jury may be impaneled by the court of common pleas or the 2145
juvenile court.2146

       Once a child is indicted, or charged by information or the 2147
juvenile court determines that the child is eligible for a serious 2148
youthful offender dispositional sentence, the child is entitled to 2149
an open and speedy trial by jury in juvenile court and to be 2150
provided with a transcript of the proceedings. The time within 2151
which the trial is to be held under Title XXIX of the Revised Code 2152
commences on whichever of the following dates is applicable:2153

       (a) If the child is indicted or charged by information, on 2154
the date of the filing of the indictment or information.2155

       (b) If the child is charged by an original complaint that 2156
requests a serious youthful offender dispositional sentence, on 2157
the date of the filing of the complaint.2158

       (c) If the child is not charged by an original complaint that 2159
requests a serious youthful offender dispositional sentence, on 2160
the date that the prosecuting attorney files the written notice of 2161
intent to seek a serious youthful offender dispositional sentence.2162

       (2) If the child is detained awaiting adjudication, upon 2163
indictment or being charged by information, the child has the same 2164
right to bail as an adult charged with the offense the alleged 2165
delinquent act would be if committed by an adult. Except as 2166
provided in division (D) of section 2152.14 of the Revised Code, 2167
all provisions of Title XXIX of the Revised Code and the Criminal 2168
Rules shall apply in the case and to the child. The juvenile court 2169
shall afford the child all rights afforded a person who is 2170
prosecuted for committing a crime including the right to counsel 2171
and the right to raise the issue of competency. The child may not 2172
waive the right to counsel.2173

       (D)(1) If a child is adjudicated a delinquent child for 2174
committing an act under circumstances that require the juvenile 2175
court to impose upon the child a serious youthful offender 2176
dispositional sentence under section 2152.11 of the Revised Code, 2177
all of the following apply:2178

       (a) The juvenile court shall impose upon the child a sentence 2179
available for the violation, as if the child were an adult, under 2180
Chapter 2929. of the Revised Code, except that the juvenile court 2181
shall not impose on the child a sentence of death or life 2182
imprisonment without parole.2183

       (b) The juvenile court also shall impose upon the child one 2184
or more traditional juvenile dispositions under sections 2152.16, 2185
2152.19, and 2152.20, and, if applicable, section 2152.17 of the 2186
Revised Code.2187

       (c) The juvenile court shall stay the adult portion of the 2188
serious youthful offender dispositional sentence pending the 2189
successful completion of the traditional juvenile dispositions 2190
imposed.2191

       (2)(a) If a child is adjudicated a delinquent child for 2192
committing an act under circumstances that allow, but do not 2193
require, the juvenile court to impose on the child a serious 2194
youthful offender dispositional sentence under section 2152.11 of 2195
the Revised Code, all of the following apply:2196

       (i) If the juvenile court on the record makes a finding that, 2197
given the nature and circumstances of the violation and the 2198
history of the child, the length of time, level of security, and 2199
types of programming and resources available in the juvenile 2200
system alone are not adequate to provide the juvenile court with a 2201
reasonable expectation that the purposes set forth in section 2202
2152.01 of the Revised Code will be met, the juvenile court may 2203
impose upon the child a sentence available for the violation, as 2204
if the child were an adult, under Chapter 2929. of the Revised 2205
Code, except that the juvenile court shall not impose on the child 2206
a sentence of death or life imprisonment without parole.2207

       (ii) If a sentence is imposed under division (D)(2)(a)(i) of 2208
this section, the juvenile court also shall impose upon the child 2209
one or more traditional juvenile dispositions under sections 2210
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17 2211
of the Revised Code.2212

       (iii) The juvenile court shall stay the adult portion of the 2213
serious youthful offender dispositional sentence pending the 2214
successful completion of the traditional juvenile dispositions 2215
imposed.2216

       (b) If the juvenile court does not find that a sentence 2217
should be imposed under division (D)(2)(a)(i) of this section, the 2218
juvenile court may impose one or more traditional juvenile 2219
dispositions under sections 2152.16, 2152.19, 2152.20, and, if 2220
applicable, section 2152.17 of the Revised Code.2221

       (3) A child upon whom a serious youthful offender 2222
dispositional sentence is imposed under division (D)(1) or (2) of 2223
this section has a right to appeal under division (A)(1), (3), 2224
(4), or (5), or (6) of section 2953.08 of the Revised Code the 2225
adult portion of the serious youthful offender dispositional 2226
sentence when any of those divisions apply. The child may appeal 2227
the adult portion, and the court shall consider the appeal as if 2228
the adult portion were not stayed.2229

       Sec. 2152.14.  (A)(1) The director of youth services may 2230
request the prosecuting attorney of the county in which is located 2231
the juvenile court that imposed a serious youthful offender 2232
dispositional sentence upon a person under section 2152.121 or 2233
2152.13 of the Revised Code to file a motion with that juvenile 2234
court to invoke the adult portion of the dispositional sentence if 2235
all of the following apply to the person:2236

       (a) The person is at least fourteen years of age.2237

       (b) The person is in the institutional custody, or an escapee 2238
from the custody, of the department of youth services.2239

       (c) The person is serving the juvenile portion of the serious 2240
youthful offender dispositional sentence.2241

       (2) The motion shall state that there is reasonable cause to 2242
believe that either of the following misconduct has occurred and 2243
shall state that at least one incident of misconduct of that 2244
nature occurred after the person reached fourteen years of age:2245

       (a) The person committed an act that is a violation of the 2246
rules of the institution and that could be charged as any felony 2247
or as a first degree misdemeanor offense of violence if committed 2248
by an adult.2249

       (b) The person has engaged in conduct that creates a 2250
substantial risk to the safety or security of the institution, the 2251
community, or the victim.2252

       (B) If a person is at least fourteen years of age, is serving 2253
the juvenile portion of a serious youthful offender dispositional 2254
sentence imposed under section 2152.121 or 2152.13 of the Revised 2255
Code, and is on parole or aftercare from a department of youth 2256
services facility, or on community control, the director of youth 2257
services, the juvenile court that imposed the serious youthful 2258
offender dispositional sentence on the person, or the probation 2259
department supervising the person may request the prosecuting 2260
attorney of the county in which is located the juvenile court to 2261
file a motion with the juvenile court to invoke the adult portion 2262
of the dispositional sentence. The prosecuting attorney may file a 2263
motion to invoke the adult portion of the dispositional sentence 2264
even if no request is made. The motion shall state that there is 2265
reasonable cause to believe that either of the following occurred 2266
and shall state that at least one incident of misconduct of that 2267
nature occurred after the person reached fourteen years of age:2268

       (1) The person committed an act that is a violation of the 2269
conditions of supervision and that could be charged as any felony 2270
or as a first degree misdemeanor offense of violence if committed 2271
by an adult.2272

       (2) The person has engaged in conduct that creates a 2273
substantial risk to the safety or security of the community or of 2274
the victim.2275

       (C) If the prosecuting attorney declines a request to file a 2276
motion that was made by the department of youth services or the 2277
supervising probation department under division (A) or (B) of this 2278
section or fails to act on a request made under either division by 2279
the department within a reasonable time, the department of youth 2280
services or the supervising probation department may file a motion 2281
of the type described in division (A) or (B) of this section with 2282
the juvenile court to invoke the adult portion of the serious 2283
youthful offender dispositional sentence. If the prosecuting 2284
attorney declines a request to file a motion that was made by the 2285
juvenile court under division (B) of this section or fails to act 2286
on a request from the court under that division within a 2287
reasonable time, the juvenile court may hold the hearing described 2288
in division (D) of this section on its own motion.2289

       (D) Upon the filing of a motion described in division (A), 2290
(B), or (C) of this section, the juvenile court may hold a hearing 2291
to determine whether to invoke the adult portion of a person's 2292
serious juvenile offender dispositional sentence. The juvenile 2293
court shall not invoke the adult portion of the dispositional 2294
sentence without a hearing. At the hearing the person who is the 2295
subject of the serious youthful offender disposition has the right 2296
to be present, to receive notice of the grounds upon which the 2297
adult sentence portion is sought to be invoked, to be represented 2298
by counsel including counsel appointed under Juvenile Rule 4(A), 2299
to be advised on the procedures and protections set forth in the 2300
Juvenile Rules, and to present evidence on the person's own 2301
behalf, including evidence that the person has a mental illness or 2302
is a mentally retarded person. The person may not waive the right 2303
to counsel. The hearing shall be open to the public. If the person 2304
presents evidence that the person has a mental illness or is a 2305
mentally retarded person, the juvenile court shall consider that 2306
evidence in determining whether to invoke the adult portion of the 2307
serious youthful offender dispositional sentence.2308

       (E)(1) The juvenile court may invoke the adult portion of a 2309
person's serious youthful offender dispositional sentence if the 2310
juvenile court finds all of the following on the record by clear 2311
and convincing evidence:2312

       (a) The person is serving the juvenile portion of a serious 2313
youthful offender dispositional sentence.2314

       (b) The person is at least fourteen years of age and has been 2315
admitted to a department of youth services facility, or criminal 2316
charges are pending against the person.2317

       (c) The person engaged in the conduct or acts charged under 2318
division (A), (B), or (C) of this section, and the person's 2319
conduct demonstrates that the person is unlikely to be 2320
rehabilitated during the remaining period of juvenile 2321
jurisdiction.2322

       (2) The court may modify the adult sentence the court invokes 2323
to consist of any lesser prison term that could be imposed for the 2324
offense and, in addition to the prison term or in lieu of the 2325
prison term if the prison term was not mandatory, any community 2326
control sanction that the offender was eligible to receive at 2327
sentencing.2328

       (F) If a juvenile court issues an order invoking the adult 2329
portion of a serious youthful offender dispositional sentence 2330
under division (E) of this section, the juvenile portion of the 2331
dispositional sentence shall terminate, and the department of 2332
youth services shall transfer the person to the department of 2333
rehabilitation and correction or place the person under another 2334
sanction imposed as part of the sentence. The juvenile court shall 2335
state in its order the total number of days that the person has 2336
been held in detention or in a facility operated by, or under 2337
contract with, the department of youth services under the juvenile 2338
portion of the dispositional sentence. The time the person must 2339
serve on a prison term imposed under the adult portion of the 2340
dispositional sentence shall be reduced by the total number of 2341
days specified in the order plus any additional days the person is 2342
held in a juvenile facility or in detention after the order is 2343
issued and before the person is transferred to the custody of the 2344
department of rehabilitation and correction. In no case shall the 2345
total prison term as calculated under this division exceed the 2346
maximum prison term available for an adult who is convicted of 2347
violating the same sections of the Revised Code.2348

       Any community control imposed as part of the adult sentence 2349
or as a condition of a judicial release from prison shall be under 2350
the supervision of the entity that provides adult probation 2351
services in the county. Any post-release control imposed after the 2352
offender otherwise is released from prison shall be supervised by 2353
the adult parole authority.2354

       Sec. 2152.17.  (A) Subject to division (D) of this section, 2355
if a child is adjudicated a delinquent child for committing an 2356
act, other than a violation of section 2923.12 of the Revised 2357
Code, that would be a felony if committed by an adult and if the 2358
court determines that, if the child was an adult, the child would 2359
be guilty of a specification of the type set forth in section 2360
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or 2361
2941.1415 of the Revised Code, in addition to any commitment or 2362
other disposition the court imposes for the underlying delinquent 2363
act, all of the following apply:2364

       (1) If the court determines that the child would be guilty of 2365
a specification of the type set forth in section 2941.141 of the 2366
Revised Code, the court may commit the child to the department of 2367
youth services for the specification for a definite period of up 2368
to one year.2369

       (2) If the court determines that the child would be guilty of 2370
a specification of the type set forth in section 2941.145 of the 2371
Revised Code or if the delinquent act is a violation of division 2372
(A)(1) or (2) of section 2903.06 of the Revised Code and the court 2373
determines that the child would be guilty of a specification of 2374
the type set forth in section 2941.1415 of the Revised Code, the 2375
court shall commit the child to the department of youth services 2376
for the specification for a definite period of not less than one 2377
and not more than three years, and the court also shall commit the 2378
child to the department for the underlying delinquent act under 2379
sections 2152.11 to 2152.16 of the Revised Code.2380

       (3) If the court determines that the child would be guilty of 2381
a specification of the type set forth in section 2941.144, 2382
2941.146, or 2941.1412 of the Revised Code or if the delinquent 2383
act is a violation of division (A)(1) or (2) of section 2903.06 of 2384
the Revised Code and the court determines that the child would be 2385
guilty of a specification of the type set forth in section 2386
2941.1414 of the Revised Code, the court shall commit the child to 2387
the department of youth services for the specification for a 2388
definite period of not less than one and not more than five years, 2389
and the court also shall commit the child to the department for 2390
the underlying delinquent act under sections 2152.11 to 2152.16 of 2391
the Revised Code.2392

       (B) Division(1) If a child is adjudicated a delinquent child 2393
for committing an act, other than a violation of section 2923.12 2394
of the Revised Code, that would be a felony if committed by an 2395
adult, if the court determines that the child is complicit in 2396
another person's conduct that is of such a nature that the other 2397
person would be guilty of a specification of the type set forth in 2398
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised 2399
Code if the other person was an adult, if the other person's 2400
conduct relates to the child's underlying delinquent act, and if 2401
the child did not furnish, use, or dispose of any firearm that was 2402
involved with the underlying delinquent act or with the other 2403
person's specification-related conduct, in addition to any other 2404
disposition the court imposes for the underlying delinquent act, 2405
the court may commit the child to the department of youth services 2406
for the specification for a definite period of not more than one 2407
year, subject to division (D)(2) of this section.2408

       (2) Except as provided in division (B)(1) of this section, 2409
division (A) of this section also applies to a child who is an 2410
accomplice regarding a firearm specification of the type set forth 2411
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code2412
to the same extent the firearm specifications would apply to an 2413
adult accomplice in a criminal proceeding.2414

       (C) If a child is adjudicated a delinquent child for 2415
committing an act that would be aggravated murder, murder, or a 2416
first, second, or third degree felony offense of violence if 2417
committed by an adult and if the court determines that, if the 2418
child was an adult, the child would be guilty of a specification 2419
of the type set forth in section 2941.142 of the Revised Code in 2420
relation to the act for which the child was adjudicated a 2421
delinquent child, the court shall commit the child for the 2422
specification to the legal custody of the department of youth 2423
services for institutionalization in a secure facility for a 2424
definite period of not less than one and not more than three 2425
years, subject to division (D)(2) of this section, and the court 2426
also shall commit the child to the department for the underlying 2427
delinquent act.2428

       (D)(1) If the child is adjudicated a delinquent child for 2429
committing an act that would be an offense of violence that is a 2430
felony if committed by an adult and is committed to the legal 2431
custody of the department of youth services pursuant to division 2432
(A)(1) of section 2152.16 of the Revised Code and if the court 2433
determines that the child, if the child was an adult, would be 2434
guilty of a specification of the type set forth in section 2435
2941.1411 of the Revised Code in relation to the act for which the 2436
child was adjudicated a delinquent child, the court may commit the 2437
child to the custody of the department of youth services for 2438
institutionalization in a secure facility for up to two years, 2439
subject to division (D)(2) of this section.2440

       (2) A court that imposes a period of commitment under 2441
division (A) of this section is not precluded from imposing an 2442
additional period of commitment under division (C) or (D)(1) of 2443
this section, a court that imposes a period of commitment under 2444
division (C) of this section is not precluded from imposing an 2445
additional period of commitment under division (A) or (D)(1) of 2446
this section, and a court that imposes a period of commitment 2447
under division (D)(1) of this section is not precluded from 2448
imposing an additional period of commitment under division (A) or 2449
(C) of this section.2450

       (E) The court shall not commit a child to the legal custody 2451
of the department of youth services for a specification pursuant 2452
to this section for a period that exceeds five years for any one 2453
delinquent act. Any commitment imposed pursuant to division (A), 2454
(B), (C), or (D)(1) of this section shall be in addition to, and 2455
shall be served consecutively with and prior to, a period of 2456
commitment ordered under this chapter for the underlying 2457
delinquent act, and each commitment imposed pursuant to division 2458
(A), (B), (C), or (D)(1) of this section shall be in addition to, 2459
and shall be served consecutively with, any other period of 2460
commitment imposed under those divisions. If a commitment is 2461
imposed under division (A) or (B) of this section and a commitment 2462
also is imposed under division (C) of this section, the period 2463
imposed under division (A) or (B) of this section shall be served 2464
prior to the period imposed under division (C) of this section.2465

       In each case in which a court makes a disposition under this 2466
section, the court retains control over the commitment for the 2467
entire period of the commitment.2468

       The total of all the periods of commitment imposed for any 2469
specification under this section and for the underlying offense 2470
shall not exceed the child's attainment of twenty-one years of 2471
age.2472

       (F) If a child is adjudicated a delinquent child for 2473
committing two or more acts that would be felonies if committed by 2474
an adult and if the court entering the delinquent child 2475
adjudication orders the commitment of the child for two or more of 2476
those acts to the legal custody of the department of youth 2477
services for institutionalization in a secure facility pursuant to 2478
section 2152.13 or 2152.16 of the Revised Code, the court may 2479
order that all of the periods of commitment imposed under those 2480
sections for those acts be served consecutively in the legal 2481
custody of the department of youth services, provided that those 2482
periods of commitment shall be in addition to and commence 2483
immediately following the expiration of a period of commitment 2484
that the court imposes pursuant to division (A), (B), (C), or 2485
(D)(1) of this section. A court shall not commit a delinquent 2486
child to the legal custody of the department of youth services 2487
under this division for a period that exceeds the child's 2488
attainment of twenty-one years of age.2489

       Sec. 2152.22.  (A) When a child is committed to the legal 2490
custody of the department of youth services under this chapter, 2491
the juvenile court relinquishes control with respect to the child 2492
so committed, except as provided in divisions (B), (C), (D), and 2493
(G)(H) of this section or in sections 2152.82 to 2152.86 of the 2494
Revised Code. Subject to divisions (B) and, (C), and (D) of this 2495
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised 2496
Code, sections 2152.82 to 2152.86 of the Revised Code, and any 2497
other provision of law that specifies a different duration for a 2498
dispositional order, all other dispositional orders made by the 2499
court under this chapter shall be temporary and shall continue for 2500
a period that is designated by the court in its order, until 2501
terminated or modified by the court or until the child attains 2502
twenty-one years of age.2503

       The department shall not release the child from a department 2504
facility and as a result shall not discharge the child or order 2505
the child's release on supervised release prior to the expiration 2506
of the minimum period specified by the court in division (A)(1) of 2507
section 2152.16 of the Revised Code and any term of commitment 2508
imposed under section 2152.17 of the Revised Code or prior to the 2509
child's attainment of twenty-one years of age, except upon the 2510
order of a court pursuant to division (B) or, (C), or (D) of this 2511
section or in accordance with section 5139.54 of the Revised Code.2512

       (B)(1) The court that commits a delinquent child to the 2513
department of youth services may grant judicial release of the 2514
child to court supervision under this division during the first 2515
half of the prescribed minimum term for which the child was 2516
committed to the department or, if the child was committed to the 2517
department until the child attains twenty-one years of age, during 2518
the first half of the prescribed period of commitment that begins 2519
on the first day of commitment and ends on the child's 2520
twenty-first birthday, provided any commitment imposed under 2521
division (A), (B), (C), or (D) of section 2152.17 of the Revised 2522
Code has ended.2523

       (2) If the department of youth services desires to release a 2524
child during a period specified in division (B)(1) of this 2525
section, it shall request the court that committed the child to 2526
grant a judicial release of the child to court supervision under 2527
this division. During whichever of those periods is applicable, 2528
the child or the parents of the child also may request that court 2529
to grant a judicial release of the child to court supervision. 2530
Upon receipt of a request for a judicial release to court 2531
supervision under this division from the department, the child, or 2532
the child's parent, or upon its own motion, the court that 2533
committed the child shall do one of the following: approve the 2534
release by journal entry; schedule within thirty days after the 2535
request is received a time for a hearing on whether the child is 2536
to be released; or reject the request by journal entry without 2537
conducting a hearing.2538

       If the court rejects an initial request for a release under 2539
this division by the child or the child's parent, the child or the 2540
child's parent may make one additional request for a judicial 2541
release to court supervision within the applicable period. The 2542
additional request may be made no earlier than thirty days after 2543
the filing of the prior request for a judicial release to court 2544
supervision. Upon the filing of a second request for a judicial 2545
release to court supervision, the court shall either approve or 2546
disapprove the release by journal entry or schedule within thirty 2547
days after the request is received a time for a hearing on whether 2548
the child is to be released.2549

       (3) If a court schedules a hearing under division (B)(2) of 2550
this section, it may order the department to deliver the child to 2551
the court on the date set for the hearing and may order the 2552
department to present to the court a report on the child's 2553
progress in the institution to which the child was committed and 2554
recommendations for conditions of supervision of the child by the 2555
court after release. The court may conduct the hearing without the 2556
child being present. The court shall determine at the hearing 2557
whether the child should be granted a judicial release to court 2558
supervision.2559

       If the court approves the release under this division, it 2560
shall order its staff to prepare a written treatment and 2561
rehabilitation plan for the child that may include any conditions 2562
of the child's release that were recommended by the department and 2563
approved by the court. The committing court shall send the 2564
juvenile court of the county in which the child is placed a copy 2565
of the recommended plan. The court of the county in which the 2566
child is placed may adopt the recommended conditions set by the 2567
committing court as an order of the court and may add any 2568
additional consistent conditions it considers appropriate. If a 2569
child is granted a judicial release to court supervision, the 2570
release discharges the child from the custody of the department of 2571
youth services.2572

       (C)(1) The court that commits a delinquent child to the 2573
department of youth services may grant judicial release of the 2574
child to department of youth services supervision under this 2575
division during the second half of the prescribed minimum term for 2576
which the child was committed to the department or, if the child 2577
was committed to the department until the child attains twenty-one 2578
years of age, during the second half of the prescribed period of 2579
commitment that begins on the first day of commitment and ends on 2580
the child's twenty-first birthday, provided any commitment imposed 2581
under division (A), (B), (C), or (D) of section 2152.17 of the 2582
Revised Code has ended.2583

       (2) If the department of youth services desires to release a 2584
child during a period specified in division (C)(1) of this 2585
section, it shall request the court that committed the child to 2586
grant a judicial release to department of youth services 2587
supervision. During whichever of those periods is applicable, the 2588
child or the child's parent also may request the court that 2589
committed the child to grant a judicial release to department of 2590
youth services supervision. Upon receipt of a request for judicial 2591
release to department of youth services supervision, the child, or 2592
the child's parent, or upon its own motion at any time during that 2593
period, the court shall do one of the following: approve the 2594
release by journal entry; schedule a time within thirty days after 2595
receipt of the request for a hearing on whether the child is to be 2596
released; or reject the request by journal entry without 2597
conducting a hearing.2598

       If the court rejects an initial request for release under 2599
this division by the child or the child's parent, the child or the 2600
child's parent may make one or more subsequent requests for a 2601
release within the applicable period, but may make no more than 2602
one request during each period of ninety days that the child is in 2603
a secure department facility after the filing of a prior request 2604
for early release. Upon the filing of a request for release under 2605
this division subsequent to an initial request, the court shall 2606
either approve or disapprove the release by journal entry or 2607
schedule a time within thirty days after receipt of the request 2608
for a hearing on whether the child is to be released.2609

       (3) If a court schedules a hearing under division (C)(2) of 2610
this section, it may order the department to deliver the child to 2611
the court on the date set for the hearing and shall order the 2612
department to present to the court at that time a treatment plan 2613
for the child's post-institutional care. The court may conduct the 2614
hearing without the child being present. The court shall determine 2615
at the hearing whether the child should be granted a judicial 2616
release to department of youth services supervision.2617

       If the court approves the judicial release to department of 2618
youth services supervision, the department shall prepare a written 2619
treatment and rehabilitation plan for the child pursuant to 2620
division (E)(F) of this section that shall include the conditions 2621
of the child's release. It shall send the committing court and the 2622
juvenile court of the county in which the child is placed a copy 2623
of the plan. The court of the county in which the child is placed 2624
may adopt the conditions set by the department as an order of the 2625
court and may add any additional consistent conditions it 2626
considers appropriate, provided that the court may not add any 2627
condition that decreases the level or degree of supervision 2628
specified by the department in its plan, that substantially 2629
increases the financial burden of supervision that will be 2630
experienced by the department, or that alters the placement 2631
specified by the department in its plan. If the court of the 2632
county in which the child is placed adds to the department's plan 2633
any additional conditions, it shall enter those additional 2634
conditions in its journal and shall send to the department a copy 2635
of the journal entry of the additional conditions.2636

       If the court approves the judicial release to department of 2637
youth services supervision, the actual date on which the 2638
department shall release the child is contingent upon the 2639
department finding a suitable placement for the child. If the 2640
child is to be returned to the child's home, the department shall 2641
return the child on the date that the court schedules for the 2642
child's release or shall bear the expense of any additional time 2643
that the child remains in a department facility. If the child is 2644
unable to return to the child's home, the department shall 2645
exercise reasonable diligence in finding a suitable placement for 2646
the child, and the child shall remain in a department facility 2647
while the department finds the suitable placement.2648

       (D)(1) Subject to division (D)(3) of this section, the court 2649
that commits a delinquent child to the department of youth 2650
services may grant judicial release of the child under this 2651
division at any time after the expiration of one of the following 2652
periods of time:2653

       (a) Except as otherwise provided in division (D)(1)(b) of 2654
this section, if the child was committed to the department for a 2655
prescribed minimum period and a maximum period not to exceed the 2656
child's attainment of twenty-one years, the court may grant 2657
judicial release of the child at any time after the expiration of 2658
the prescribed minimum term for which the child was committed to 2659
the department.2660

       (b) If the child was committed to the department for both one 2661
or more definite periods under division (A), (B), (C), or (D) of 2662
section 2152.17 of the Revised Code and a period of the type 2663
described in division (D)(1)(a) of this section, all of the 2664
prescribed minimum periods of commitment imposed under division 2665
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and 2666
the prescribed period of commitment of the type described in 2667
division (D)(1)(a) of this section shall be aggregated for 2668
purposes of this division, and the court may grant judicial 2669
release of the child at any time after the expiration of one year 2670
after the child begins serving the aggregate period of commitment.2671

       (2) If a court grants a judicial release of a child under 2672
division (D)(1) of this section, the release shall be a judicial 2673
release to department of youth services supervision, if the 2674
release is granted during a period described in division (C)(1) of 2675
this section, and the second and third paragraphs of division 2676
(C)(3) of this section apply regarding the release. In all other 2677
cases, the release shall be a judicial release to court 2678
supervision, and the second paragraph of division (B)(3) of this 2679
section applies regarding the release.2680

       (3) A court at the time of making the disposition of a child 2681
shall provide notice in the order of disposition that the judge is 2682
retaining jurisdiction over the child for the purpose of a 2683
possible grant of judicial release of the child under division 2684
(D)(1) of this section. The failure of a court to provide this 2685
notice does not affect the authority of the court to grant a 2686
judicial release under that division and does not constitute 2687
grounds for setting aside the child's delinquent child 2688
adjudication or disposition or for granting any post-adjudication 2689
relief to the child.2690

       (4) The department of youth services, a child committed to 2691
the department, or the parents of the child, during a period 2692
specified in division (D)(1) of this section, may request the 2693
court that committed the child to grant a judicial release of the 2694
child under that division. Upon receipt of a request for judicial 2695
release of a child under this division from the department, the 2696
child, or the child's parent, or upon its own motion, the court 2697
that committed the child shall do one of the following:2698

       (a) Approve the request by journal entry;2699

       (b) Schedule within thirty days after the request is received 2700
a time for a hearing on whether the child is to be released;2701

       (c) Reject the request by journal entry without conducting a 2702
hearing.2703

       If the court rejects an initial request for a release under 2704
this division by the child or the child's parent, division (C)(2) 2705
of this section applies regarding the making of additional 2706
requests.2707

       If the court schedules a hearing under this division to 2708
consider the judicial release, the first paragraph of division 2709
(B)(3) of this section applies regarding the hearing.2710

       (E) If a child is released under division (B) or, (C), or (D)2711
of this section and the court of the county in which the child is 2712
placed has reason to believe that the child's deportment is not in 2713
accordance with the conditions of the child's judicial release, 2714
the court of the county in which the child is placed shall 2715
schedule a time for a hearing to determine whether the child 2716
violated any of the post-release conditions, and, if the child was 2717
released under division (C) of this section or under division (D) 2718
of this section under department supervision, divisions (A) to (E) 2719
of section 5139.52 of the Revised Code apply regarding the child.2720

       If that court determines at the hearing that the child 2721
violated any of the post-release conditions, the court, if it 2722
determines that the violation was a serious violation, may order 2723
the child to be returned to the department for 2724
institutionalization, consistent with the original order of 2725
commitment of the child, or in any case may make any other 2726
disposition of the child authorized by law that the court 2727
considers proper. If the court of the county in which the child is 2728
placed orders the child to be returned to a department of youth 2729
services institution, the time during which the child was held in 2730
a secure department facility prior to the child's judicial release 2731
shall be considered as time served in fulfilling the prescribed 2732
period of institutionalization that is applicable to the child 2733
under the child's original order of commitment. If the court 2734
orders the child returned to a department institution, the child 2735
shall remain in institutional care for a minimum of three months 2736
or until the child successfully completes a revocation program of 2737
a duration of not less than thirty days operated either by the 2738
department or by an entity with which the department has 2739
contracted to provide a revocation program.2740

       (E)(F) The department of youth services, prior to the release 2741
of a child pursuant to division (C) of this section or pursuant to 2742
division (D) of this section on department supervision, shall do 2743
all of the following:2744

       (1) After reviewing the child's rehabilitative progress 2745
history and medical and educational records, prepare a written 2746
treatment and rehabilitation plan for the child that includes 2747
conditions of the release;2748

       (2) Completely discuss the conditions of the plan prepared 2749
pursuant to division (E)(F)(1) of this section and the possible 2750
penalties for violation of the plan with the child and the child's 2751
parents, guardian, or legal custodian;2752

       (3) Have the plan prepared pursuant to division (E)(F)(1) of 2753
this section signed by the child, the child's parents, legal 2754
guardian, or custodian, and any authority or person that is to 2755
supervise, control, and provide supportive assistance to the child 2756
at the time of the child's release pursuant to division (C) or (D)2757
of this section;2758

       (4) Prior to the child's release, file a copy of the 2759
treatment plan prepared pursuant to division (E)(F)(1) of this 2760
section with the committing court and the juvenile court of the 2761
county in which the child is to be placed.2762

       (F)(G) The department of youth services shall file a written 2763
progress report with the committing court regarding each child 2764
released pursuant to division (C) of this section or released 2765
pursuant to division (D) of this section on judicial release to 2766
department supervision at least once every thirty days unless 2767
specifically directed otherwise by the court. The report shall 2768
indicate the treatment and rehabilitative progress of the child 2769
and the child's family, if applicable, and shall include any 2770
suggestions for altering the program, custody, living 2771
arrangements, or treatment. The department shall retain legal 2772
custody of a child so released until it discharges the child or 2773
until the custody is terminated as otherwise provided by law.2774

       (G)(H) When a child is committed to the legal custody of the 2775
department of youth services, the court retains jurisdiction to 2776
perform the functions specified in section 5139.51 of the Revised 2777
Code with respect to the granting of supervised release by the 2778
release authority and to perform the functions specified in 2779
section 5139.52 of the Revised Code with respect to violations of 2780
the conditions of supervised release granted by the release 2781
authority and to the revocation of supervised release granted by 2782
the release authority.2783

       Sec. 2152.51.  (A) As used in sections 2152.51 to 2152.59 of 2784
the Revised Code:2785

       (1) "Competent" and "competency" refer to a child's ability 2786
to understand the nature and objectives of a proceeding against 2787
the child and to assist in the child's defense. A child is 2788
incompetent if, due to mental illness, intellectual disability, or 2789
developmental disability, or otherwise due to a lack of mental 2790
capacity, the child is presently incapable of understanding the 2791
nature and objective of proceedings against the child or of 2792
assisting in the child's defense.2793

       (2) "Delinquent child proceeding" means any proceeding under 2794
this chapter.2795

       (3) "A person who is at least moderately intellectually 2796
disabled" means "a person who is at least moderately mentally 2797
retarded," as defined in section 5123.01 of the Revised Code.2798

       (4) "Person with intellectual disability" has the same 2799
meaning as in section 2951.041 of the Revised Code.2800

       (B) Each juvenile court shall adopt rules to expedite 2801
proceedings under sections 2152.51 to 2152.59 of the Revised Code. 2802
The rules shall include provisions for giving notice of any 2803
hearings held under those sections and for staying any proceedings 2804
on the underlying complaint pending the determinations under those 2805
sections.2806

       (C) At a competency-related hearing held under section 2807
2152.53 or 2152.58 of the Revised Code, the child shall be 2808
represented by an attorney. If the child is indigent and cannot 2809
obtain counsel, the court shall appoint an attorney under Chapter 2810
120. of the Revised Code or the Rules of Juvenile Procedure.2811

       Sec. 2152.52.  (A)(1) In any proceeding under this chapter 2812
other than a proceeding alleging that a child is a juvenile 2813
traffic offender, any party or the court may move for a 2814
determination regarding the child's competency to participate in 2815
the proceeding.2816

       (2) In any proceeding under this chapter other than a 2817
proceeding alleging that a child is a juvenile traffic offender, 2818
if the child who is the subject of the proceeding is fourteen 2819
years of age or older and if the child is not otherwise found to 2820
be mentally ill, intellectually disabled, or developmentally 2821
disabled, it is rebuttably presumed that the child does not have a 2822
lack of mental capacity. This presumption applies only in making a 2823
determination as to whether the child has a lack of mental 2824
capacity and shall not be used or applicable for any other 2825
purpose.2826

       (B) The court may find a child incompetent to proceed without 2827
ordering an evaluation of the child's competency or holding a 2828
hearing to determine the child's competency if either of the 2829
following applies:2830

       (1) The prosecuting attorney, the child's attorney, and at 2831
least one of the child's parents, guardians, or custodians agree 2832
to the determination.2833

       (2) The court relies on a prior court determination that the 2834
child was incompetent and could not attain competency even if the 2835
child were to participate in competency attainment services.2836

       Sec. 2152.53.  (A) Within fifteen business days after a 2837
motion is made under section 2152.52 of the Revised Code, the 2838
court shall do one of the following:2839

       (1) Make a determination of incompetency under division (B) 2840
of section 2152.52 of the Revised Code; 2841

       (2) Determine, without holding a hearing, whether there is a 2842
reasonable basis to conduct a competency evaluation;2843

       (3) Hold a hearing to determine whether there is a reasonable 2844
basis to conduct a competency evaluation. 2845

       (B) If the court holds a hearing, it shall make its 2846
determination within ten business days after the conclusion of the 2847
hearing. If the court determines that there is a reasonable basis 2848
for a competency evaluation or if the prosecuting attorney and the 2849
child's attorney agree to an evaluation, the court shall order a 2850
competency evaluation and appoint an evaluator.2851

       Sec. 2152.54.  (A) An evaluation of a child who does not 2852
appear to the court to be a person who is at least moderately 2853
intellectually disabled shall be made by an evaluator who is one 2854
of the following: 2855

       (1) A professional employed by a psychiatric facility or 2856
center certified by the department of mental health to provide 2857
forensic services and appointed by the director of the facility or 2858
center to conduct the evaluation; 2859

       (2) A psychiatrist or a licensed clinical psychologist who 2860
satisfies the criteria of division (I)(1) of section 5122.01 of 2861
the Revised Code and has specialized education, training, or 2862
experience in forensic evaluations of children or adolescents.2863

       (B) An evaluation of a child who appears to the court to be a 2864
person who is at least moderately intellectually disabled shall be 2865
made by a psychiatrist or licensed clinical psychologist who 2866
satisfies the criteria of division (I)(1) of section 5122.01 of 2867
the Revised Code and has specialized education, training, or 2868
experience in forensic evaluations of children or adolescents who 2869
have intellectual disability.2870

       (C) If an evaluation is conducted by an evaluator of the type 2871
described in division (A)(1) or (2) of this section and the 2872
evaluator concludes that the child is a person who is at least 2873
moderately intellectually disabled, the evaluator shall 2874
discontinue the evaluation and notify the court within one 2875
business day after reaching the conclusion. Within two business 2876
days after receiving notification, the court shall order the child 2877
to undergo an evaluation by an evaluator of the type described in 2878
division (B) of this section. Within two business days after the 2879
appointment of the new evaluator, the original evaluator shall 2880
deliver to the new evaluator all information relating to the child 2881
obtained during the original evaluation. 2882

       Sec. 2152.55.  (A) If a court orders a child to receive an 2883
evaluation under section 2152.53 of the Revised Code, the child 2884
and the child's parents, guardians, or custodians shall be 2885
available at the times and places established by the evaluator who 2886
conducts the evaluation. The evaluation shall be performed in the 2887
least restrictive setting available that will both facilitate an 2888
evaluation and maintain the safety of the child and community. If 2889
the child has been released on temporary or interim orders and 2890
refuses or fails to submit to the evaluation, the court may amend 2891
the conditions of the orders in whatever manner necessary to 2892
facilitate an evaluation. 2893

       (B) The court shall provide in its evaluation order that the 2894
evaluator shall have access to all relevant private and public 2895
records related to the child, including competency evaluations and 2896
reports conducted in prior delinquent child proceedings. The court 2897
may include an order for all relevant private and public records 2898
related to the child in the journal entry ordering the evaluation.2899

       (C) Within ten business days after the court appoints an 2900
evaluator, the prosecuting attorney shall deliver to the evaluator 2901
copies of relevant police reports and other background information 2902
that pertain to the child and that are in the prosecuting 2903
attorney's possession, except for any information that the 2904
prosecuting attorney determines would, if released, interfere with 2905
the effective prosecution of any person or create a substantial 2906
risk of harm to any person.2907

       (D) Within ten business days after the court appoints an 2908
evaluator, the child's attorney shall deliver to the evaluator 2909
copies of relevant police reports and other background information 2910
that pertain to the child and that are in the attorney's 2911
possession and that is not protected by attorney-client privilege.2912

       Sec. 2152.56.  (A) Upon completing an evaluation ordered 2913
pursuant to section 2152.53 of the Revised Code, an evaluator 2914
shall submit to the court a written competency assessment report. 2915
The report shall include the evaluator's opinion as to whether the 2916
child, due to mental illness, intellectual disability, or 2917
developmental disability, or otherwise due to a lack of mental 2918
capacity, is presently incapable of understanding the nature and 2919
objective of the proceedings against the child or of assisting in 2920
the child's defense. The report shall not include any opinion as 2921
to the child's sanity at the time of the alleged offense, details 2922
of the alleged offense as reported by the child, or an opinion as 2923
to whether the child actually committed the offense or could have 2924
been culpable for committing the offense.2925

       (B) A competency assessment report shall address the child's 2926
capacity to do all of the following: 2927

       (1) Comprehend and appreciate the charges or allegations 2928
against the child; 2929

       (2) Understand the adversarial nature of the proceedings, 2930
including the role of the judge, defense counsel, prosecuting 2931
attorney, guardian ad litem or court-appointed special assistant, 2932
and witnesses; 2933

       (3) Assist in the child's defense and communicate with 2934
counsel;2935

       (4) Comprehend and appreciate the consequences that may be 2936
imposed or result from the proceedings.2937

       (C) A competency assessment report shall include the 2938
evaluator's opinion regarding the extent to which the child's 2939
competency may be impaired by the child's failure to meet one or 2940
more of the criteria listed in division (B) of this section. If 2941
the evaluator concludes that the child's competency is impaired 2942
but that the child may be enabled to understand the nature and 2943
objectives of the proceeding against the child and to assist in 2944
the child's defense with reasonable accommodations, the report 2945
shall include recommendations for those reasonable accommodations 2946
that the court might make. If the evaluator concludes that the 2947
child's competency is so impaired that the child would not be able 2948
to understand the nature and objectives of the proceeding against 2949
the child and to assist in the child's defense, the report shall 2950
include an opinion as to the likelihood that the child could 2951
attain competency within the periods set forth in division (D)(2) 2952
of section 2152.59 of the Revised Code.2953

       (D) If the evaluator concludes that the child could likely 2954
attain competency within the periods set forth in division (D)(2) 2955
of section 2152.59 of the Revised Code, the competency assessment 2956
report shall include both of the following:2957

       (1) A recommendation as to the least restrictive setting for 2958
child competency attainment services that is consistent with the 2959
child's ability to attain competency and the safety of both the 2960
child and the community;2961

       (2) A list of the providers of child competency attainment 2962
services known to the evaluator that are located most closely to 2963
the child's current residence.2964

       (E) If the evaluator is unable, within the maximum allowable 2965
time for submission of a competency assessment report under 2966
division (A) of section 2152.57 of the Revised Code, to form an 2967
opinion regarding the extent to which the child's competency may 2968
be impaired by the child's failure to meet one or more of the 2969
criteria listed in division (B) of this section, the evaluator 2970
shall so state in the report. The evaluator shall also include 2971
recommendations for services to support the safety of the child or 2972
the community. 2973

       Sec. 2152.57.  (A) An evaluator appointed by the court under 2974
section 2152.53 of the Revised Code shall submit a competency 2975
assessment report to the court as soon as possible but not more 2976
than forty-five calendar days after the order appointing the 2977
evaluator is issued. The court may grant one extension for a 2978
reasonable length of time if doing so would aid the evaluator in 2979
completing the evaluation.2980

       (B) No competency assessment report obtained independently by 2981
the child may be admitted into evidence unless it is submitted to 2982
the court within the time allowed for submission of a report by a 2983
court-appointed evaluator under division (A) of this section and 2984
meets all the criteria that apply to a court-ordered report.2985

       (C) The court shall provide a copy of each competency 2986
assessment report it receives to the prosecuting attorney, the 2987
child's attorney, and the child's parents, guardian, or custodian. 2988
Counsel shall not disseminate the report except as necessary to 2989
receive clarification of the contents of the report. 2990

       (D) The expenses of obtaining an evaluation ordered by the 2991
court may not be recovered from the child or the child's parents 2992
or guardians. However, expenses associated with missed 2993
appointments may be assessed to the child's parents or guardians.2994

       (E)(1) Before a hearing is held under section 2152.58 of the 2995
Revised Code, any party may object to the contents of a competency 2996
assessment report and by motion request an additional evaluation. 2997
If the court determines that an additional evaluation is 2998
appropriate and grants the motion, the evaluator shall complete an 2999
additional evaluation as soon as possible but not more than 3000
forty-five calendar days after the order allowing the additional 3001
evaluation is issued. An additional evaluation shall meet all the 3002
criteria that apply to a court-ordered evaluation.3003

       (2) An additional evaluation allowed under division (E)(1) of 3004
this section shall be made at the moving party's expense unless 3005
the child is indigent. If the child is indigent, the county shall 3006
pay the costs of the additional evaluation. However, the county 3007
shall not be required to pay costs exceeding that which the county 3008
would normally pay for a competency evaluation conducted by a 3009
provider with which the court or county has contracted to conduct 3010
competency evaluations. 3011

       Sec. 2152.58.  (A) Not less than fifteen nor more than thirty 3012
business days after receiving an evaluation under division (A) of 3013
section 2152.57 of the Revised Code or not less than fifteen nor 3014
more than thirty business days after receiving an additional 3015
evaluation under division (E) of that section, the court shall 3016
hold a hearing to determine the child's competency to participate 3017
in the proceeding. 3018

       (B) At a hearing held under this section, a competency 3019
assessment report may be admitted into evidence by stipulation. If 3020
the court contacts the evaluator to obtain clarification of the 3021
report contents, the court shall promptly inform all parties and 3022
allow each party to participate in each contact.3023

       (C) In determining the competency of the child to participate 3024
in the proceeding, the court shall consider the content of all 3025
competency assessment reports admitted as evidence. The court may 3026
consider additional evidence, including the court's own 3027
observations of the child's conduct and demeanor in the courtroom. 3028

       (D)(1) Except as otherwise provided in this division, the 3029
court shall make a written determination as to the child's 3030
competency or incompetency based on a preponderance of the 3031
evidence within fifteen business days after completion of the 3032
hearing. The court, by journal entry, may extend the period for 3033
making the determination for not more than fifteen additional 3034
days. If the court extends the period for making the 3035
determination, it shall make the written determination within the 3036
period as extended.3037

       (2) The court shall not find a child incompetent to proceed 3038
solely because the child is receiving or has received treatment as 3039
a voluntary or involuntary mentally ill patient under Chapter 3040
5122. of the Revised Code, is or has been institutionalized under 3041
Chapter 5123. of the Revised Code, or is receiving or has received 3042
psychotropic or other medication, even if the child might become 3043
incompetent to proceed without that medication.3044

       Sec. 2152.59.  (A) If after a hearing held pursuant to 3045
section 2152.58 of the Revised Code the court determines that a 3046
child is competent, the court shall proceed with the delinquent 3047
child's proceeding as provided by law. No statement that a child 3048
makes during an evaluation or hearing conducted under sections 3049
2152.51 through 2152.59 of the Revised Code shall be used against 3050
the child on the issue of responsibility or guilt in any child or 3051
adult proceeding. 3052

       (B) If after a hearing held pursuant to section 2152.58 of 3053
the Revised Code the court determines that the child is not 3054
competent and cannot attain competency within the period of time 3055
applicable under division (D)(2) of this section, the court shall 3056
dismiss the charges without prejudice, except that the court may 3057
delay dismissal for up to ninety calendar days and do either of 3058
the following:3059

       (1) Refer the matter to a public children services agency and 3060
request that agency determine whether to file an action in 3061
accordance with section 2151.27 of the Revised Code alleging that 3062
the child is a dependent, neglected, or abused child;3063

       (2) Assign court staff to refer the child or the child's 3064
family to the local family and children first council or an agency 3065
funded by the department of mental health or department of 3066
developmental disabilities or otherwise secure services to reduce 3067
the potential that the child would engage in behavior that could 3068
result in delinquent child or other criminal charges.3069

       (C) If after a hearing held pursuant to section 2152.58 of 3070
the Revised Code the court determines that a child is not 3071
competent but could likely attain competency by participating in 3072
services specifically designed to help the child develop 3073
competency, the court may order the child to participate in 3074
services specifically designed to help the child develop 3075
competency at county expense. The court shall name a reliable 3076
provider to deliver the competency attainment services and shall 3077
order the child's parent, guardian, or custodian to contact that 3078
provider by a specified date to arrange for services. 3079

       (D) The competency attainment services provided to a child 3080
shall be based on a competency attainment plan described in 3081
division (E)(2) of this section and approved by the court. 3082
Services are subject to the following conditions and time periods 3083
measured from the date the court approves the plan:3084

       (1) Services shall be provided in the least restrictive 3085
setting that is consistent with the child's ability to attain 3086
competency and the safety of both the child and the community. If 3087
the child has been released on temporary or interim orders and 3088
refuses or fails to cooperate with the service provider, the court 3089
may reassess the orders and amend them to require a more 3090
appropriate setting. 3091

       (2) No child shall be required to participate in competency 3092
attainment services for longer than is required for the child to 3093
attain competency. The following maximum periods of participation 3094
apply:3095

       (a) If a child is ordered to participate in competency 3096
attainment services that are provided outside of a residential 3097
setting, the child shall not participate in those services for a 3098
period exceeding three months if the child is charged with an act 3099
that would be a misdemeanor if committed by an adult, six months 3100
if the child is charged with an act that would be a felony of the 3101
third, fourth, or fifth degree if committed by an adult, or one 3102
year if the child is charged with an act that would be a felony of 3103
the first or second degree, aggravated murder or murder if 3104
committed by an adult.3105

       (b) If a child is ordered to receive competency attainment 3106
services that are provided in a residential setting that is 3107
operated solely or in part for the purpose of providing competency 3108
attainment services, the child shall not participate in those 3109
services for a period exceeding forty-five calendar days if the 3110
child is charged with an act that would be a misdemeanor if 3111
committed by an adult, three months if the child is charged with 3112
an act that would be a felony of the third, fourth, or fifth 3113
degree if committed by an adult, six months if the child is 3114
charged with an act that would be a felony of the first or second 3115
degree if committed by an adult, or one year if the child is 3116
charged with an act that would be aggravated murder or murder if 3117
committed by an adult. 3118

       (c) If a child is ordered into a residential, detention, or 3119
other secured setting for reasons other than to participate in 3120
competency attainment services and is also ordered to participate 3121
in competency attainment services concurrently, the child shall 3122
participate in the competency attainment services for not longer 3123
than the relevant period set forth in division (D)(2)(a) of this 3124
section.3125

       (d) If a child is ordered to participate in competency 3126
attainment services that require the child to live for some but 3127
not all of the duration of the services in a residential setting 3128
that is operated solely or in part for the purpose of providing 3129
competency attainment services, the child shall participate in the 3130
competency attainment services for not longer than the relevant 3131
period set forth in division (D)(2)(b) of this section. For the 3132
purpose of calculating a time period under division (D)(2)(d) of 3133
this section, two days of participation in a nonresidential 3134
setting shall equal one day of participation in a residential 3135
setting. 3136

       (3) A child who receives competency attainment services in a 3137
residential setting that is operated solely or partly for the 3138
purpose of providing competency attainment services is in 3139
detention for purposes of section 2921.34 and division (B) of 3140
section 2152.18 of the Revised Code during the time that the child 3141
resides in the residential setting.3142

       (E)(1) Within ten business days after the court names the 3143
provider responsible for the child's competency attainment 3144
services under division (D) of this section, the court shall 3145
deliver to that provider a copy of each competency assessment 3146
report it has received for review. The provider shall return the 3147
copies of the reports to the court upon the termination of the 3148
services.3149

       (2) Not later than thirty calendar days after the child 3150
contacts the competency attainment services provider under 3151
division (C) of this section, the provider shall submit to the 3152
court a plan for the child to attain competency. The court shall 3153
provide copies of the plan to the prosecuting attorney, the 3154
child's attorney, the child's guardian ad litem, if any, and the 3155
child's parents, guardian, or custodian.3156

       (F) The provider that provides the child's competency 3157
attainment services pursuant to the competency attainment plan 3158
shall submit reports to the court on the following schedule:3159

       (1) A report on the child's progress every thirty calendar 3160
days and on the termination of services;3161

       (2) If the provider determines that the child is not 3162
cooperating to a degree that would allow the services to be 3163
effective to help the child attain competency, a report informing 3164
the court of the determination within three business days after 3165
making the determination;3166

       (3) If the provider determines that the current setting is no 3167
longer the least restrictive setting that is consistent with the 3168
child's ability to attain competency and the safety of both the 3169
child and the community, a report informing the court of the 3170
determination within three business days after making the 3171
determination;3172

       (4) If the provider determines that the child has achieved 3173
the goals of the plan and would be able to understand the nature 3174
and objectives of the proceeding against the child and to assist 3175
in the child's defense, with or without reasonable accommodations 3176
to meet the criteria set forth in division (B) of section 2152.56 3177
of the Revised Code, a report informing the court of that 3178
determination within three business days after making the 3179
determination. If the provider believes that accommodations would 3180
be necessary or desirable, the report shall include 3181
recommendations for accommodations.3182

       (5) If the provider determines that the child will not 3183
achieve the goals of the plan within the applicable period of time 3184
under division (D)(2) of this section, a report informing the 3185
court of the determination within three business days after making 3186
the determination. The report shall include recommendations for 3187
services for the child that would support the safety of the child 3188
or the community.3189

       (G) The court shall provide copies of any report made under 3190
division (F) of this section to the prosecuting attorney, the 3191
child's attorney, and the child's guardian ad litem, if any. The 3192
court shall provide copies of any report made under division (F) 3193
of this section to the child's parents, guardian, or custodian 3194
unless the court finds that doing so is not in the best interest 3195
of the child.3196

       (H)(1) Within fifteen business days after receiving a report 3197
under division (F) of this section, the court may hold a hearing 3198
to determine if a new order is necessary. To assist in making a 3199
determination under division (H) of this section, the court may 3200
order a new competency evaluation in accordance with section 3201
2152.53 of the Revised Code. Until a new order is issued or the 3202
required period of participation expires, the child shall continue 3203
to participate in competency attainment services.3204

       (2) If after a hearing held under division (H)(1) of this 3205
section the court determines that the child is not making progress 3206
toward competency or is so uncooperative that attainment services 3207
cannot be effective, the court may order a change in setting or 3208
services that would help the child attain competency within the 3209
relevant period of time under division (D)(2) of this section.3210

       (3) If after a hearing held under division (H)(1) of this 3211
section the court determines that the child has not or will not 3212
attain competency within the relevant period of time under 3213
division (D)(2) of this section, the court shall dismiss the 3214
delinquency complaint without prejudice, except that the court may 3215
delay dismissal for up to ninety calendar days and do either of 3216
the following:3217

       (a) Refer the matter to a public children services agency and 3218
request that agency determine whether to file an action in 3219
accordance with section 2151.27 of the Revised Code alleging that 3220
the child is a dependent, neglected, or abused child;3221

       (b) Assign court staff to refer the child or the child's 3222
family to the local family and children first council or an agency 3223
funded by the department of mental health or department of 3224
developmental disabilities or otherwise secure services to reduce 3225
the potential that the child would engage in behavior that could 3226
result in delinquency or other criminal charges.3227

       (4) A dismissal under division (H)(3) of this section does 3228
not preclude a future delinquent child proceeding or criminal 3229
prosecution as provided under section 2151.23 of the Revised Code 3230
if the child eventually attains competency.3231

       (5) If after a hearing held under division (H)(1) of this 3232
section the court determines that the child has attained 3233
competency, the court shall proceed with the delinquent child's 3234
proceeding in accordance with division (A) of this section.3235

       (6) A dismissal under this section does not bar a civil 3236
action based on the acts or omissions that formed the basis of the 3237
complaint.3238

       Sec. 2301.27.  (A)(1)(a) The court of common pleas may 3239
establish a county department of probation. The establishment of 3240
the department shall be entered upon the journal of the court, and 3241
the clerk of the court of common pleas shall certify a copy of the 3242
journal entry establishing the department to each elective officer 3243
and board of the county. The department shall consist of a chief 3244
probation officer and the number of other probation officers and 3245
employees, clerks, and stenographers that is fixed from time to 3246
time by the court. The court shall appoint those individuals, fix 3247
their salaries, and supervise their work. The3248

       (b) When appointing a chief probation officer, the court 3249
shall do all of the following:3250

       (i) Publicly advertise the position on the court's web site, 3251
including, but not limited to, the job description, qualifications 3252
for the position, and the application requirements;3253

       (ii) Conduct a competitive hiring process that adheres to 3254
state and federal equal employment opportunity laws;3255

       (iii) Review applicants who meet the posted qualifications 3256
and comply with the application requirements.3257

       (c) The court shall not appoint as a probation officer any 3258
person who does not possess the training, experience, and other 3259
qualifications prescribed by the adult parole authority created by 3260
section 5149.02 of the Revised Code. Probation officers have all 3261
the powers of regular police officers and shall perform any duties 3262
that are designated by the judge or judges of the court. All 3263
positions within the department of probation shall be in the 3264
classified service of the civil service of the county.3265

       (2) If two or more counties desire to jointly establish a 3266
probation department for those counties, the judges of the courts 3267
of common pleas of those counties may establish a probation 3268
department for those counties. If a probation department is 3269
established pursuant to division (A)(2) of this section to serve 3270
more than one county, the judges of the courts of common pleas 3271
that established the department shall designate the county 3272
treasurer of one of the counties served by the department as the 3273
treasurer to whom probation fees paid under section 2951.021 of 3274
the Revised Code are to be appropriated and transferred under 3275
division (A)(2) of section 321.44 of the Revised Code for deposit 3276
into the multicounty probation services fund established under 3277
division (B) of section 321.44 of the Revised Code.3278

       The cost of the administration and operation of a probation 3279
department established for two or more counties shall be prorated 3280
to the respective counties on the basis of population.3281

       (3) Probation officers shall receive, in addition to their 3282
respective salaries, their necessary and reasonable travel and 3283
other expenses incurred in the performance of their duties. Their 3284
salaries and expenses shall be paid monthly from the county 3285
treasury in the manner provided for the payment of the 3286
compensation of other appointees of the court.3287

       (4) Probation officers shall be trained in accordance with a 3288
set of minimum standards that are established by the adult parole 3289
authority of the department of rehabilitation and correction.3290

       (B)(1) In lieu of establishing a county department of 3291
probation under division (A) of this section and in lieu of 3292
entering into an agreement with the adult parole authority as 3293
described in division (B) of section 2301.32 of the Revised Code, 3294
the court of common pleas may request the board of county 3295
commissioners to contract with, and upon that request the board 3296
may contract with, any nonprofit, public or private agency, 3297
association, or organization for the provision of probation 3298
services and supervisory services for persons placed under 3299
community control sanctions. The contract shall specify that each 3300
individual providing the probation services and supervisory 3301
services shall possess the training, experience, and other 3302
qualifications prescribed by the adult parole authority. The 3303
individuals who provide the probation services and supervisory 3304
services shall not be included in the classified or unclassified 3305
civil service of the county.3306

       (2) In lieu of establishing a county department of probation 3307
under division (A) of this section and in lieu of entering into an 3308
agreement with the adult parole authority as described in division 3309
(B) of section 2301.32 of the Revised Code, the courts of common 3310
pleas of two or more adjoining counties jointly may request the 3311
boards of county commissioners of those counties to contract with, 3312
and upon that request the boards of county commissioners of two or 3313
more adjoining counties jointly may contract with, any nonprofit, 3314
public or private agency, association, or organization for the 3315
provision of probation services and supervisory services for 3316
persons placed under community control sanctions for those 3317
counties. The contract shall specify that each individual 3318
providing the probation services and supervisory services shall 3319
possess the training, experience, and other qualifications 3320
prescribed by the adult parole authority. The individuals who 3321
provide the probation services and supervisory services shall not 3322
be included in the classified or unclassified civil service of any 3323
of those counties.3324

       (C) The chief probation officer may grant permission to a 3325
probation officer to carry firearms when required in the discharge 3326
of official duties if the probation officer has successfully 3327
completed a basic firearm training program that is approved by the 3328
executive director of the Ohio peace officer training commission. 3329
A probation officer who has been granted permission to carry a 3330
firearm in the discharge of official duties, annually shall 3331
successfully complete a firearms requalification program in 3332
accordance with section 109.801 of the Revised Code.3333

       (D) As used in this section and sections 2301.28 to 2301.32 3334
of the Revised Code, "community control sanction" has the same 3335
meaning as in section 2929.01 of the Revised Code.3336

       Sec. 2301.271. (A) The adult parole authority of the 3337
department of rehabilitation and correction shall develop minimum 3338
standards for the training of probation officers as provided by 3339
section 2301.27 of the Revised Code. The adult parole authority 3340
shall consult and collaborate with the supreme court in developing 3341
the standards.3342

       (B) Within six months after the effective date of this 3343
section, the department of rehabilitation and correction shall 3344
make available a copy of the minimum standards to the following 3345
entities:3346

       (1) Every municipal court, county court, and court of common 3347
pleas;3348

       (2) Every probation department.3349

       Sec. 2301.30.  The court of common pleas of a county in which 3350
a county department of probation is established under division (A) 3351
of section 2301.27 of the Revised Code shall require the 3352
department, in the rules through which the supervision of the 3353
department is exercised or otherwise, to do all of the following:3354

       (A) Furnish to each person under a community control sanction 3355
or post-release control sanction or on parole under its 3356
supervision or in its custody, a written statement of the 3357
conditions of the community control sanction, post-release control 3358
sanction, or parole and instruct the person regarding the 3359
conditions;3360

       (B) Keep informed concerning the conduct and condition of 3361
each person in its custody or under its supervision by visiting, 3362
the requiring of reports, and otherwise;3363

       (C) Use all suitable methods, not inconsistent with the 3364
conditions of the community control sanction, post-release control 3365
sanction, or parole, to aid and encourage the persons under its 3366
supervision or in its custody and to bring about improvement in 3367
their conduct and condition;3368

       (D) Establish policies regarding the supervision of 3369
probationers that shall include, but not be limited to, all of the 3370
following:3371

       (1) The minimum number of supervision contacts required for 3372
probationers, based on each probationer's risk to reoffend as 3373
determined by the single validated risk assessment tool selected 3374
by the department of rehabilitation and correction under section 3375
5120.114 of the Revised Code, under which higher risk probationers 3376
receive the greatest amount of supervision;3377

       (2) A graduated response policy to govern which types of 3378
violations a probation officer may respond to administratively and 3379
which type require a violation hearing by the court.3380

       (E) Keep detailed records of the work of the department, keep 3381
accurate and complete accounts of all moneys collected from 3382
persons under its supervision or in its custody, and keep or give 3383
receipts for those moneys;3384

       (E)(F) Make reports to the adult parole authority created by 3385
section 5149.02 of the Revised Code that it requires.3386

       Sec. 2717.01.  (A) A person desiring a change of name may 3387
file an application in the probate court of the county in which 3388
the person resides. The application shall set forth that the 3389
applicant has been a bona fide resident of that county for at 3390
least one year prior to the filing of the application, the cause 3391
for which the change of name is sought, and the requested new 3392
name. The application shall require the applicant to state whether 3393
the applicant has been convicted of, pleaded guilty to, or been 3394
adjudicated a delinquent child for identity fraud or has a duty to 3395
comply with section 2950.04 or 2950.041 of the Revised Code 3396
because the applicant was convicted of, pleaded guilty to, or was 3397
adjudicated a delinquent child for having committed a sexually 3398
oriented offense or a child-victim oriented offense.3399

       Notice of the application shall be given once by publication 3400
in a newspaper of general circulation in the county at least 3401
thirty days before the hearing on the application. The notice 3402
shall set forth the court in which the application was filed, the 3403
case number, and the date and time of the hearing.3404

       UponExcept as provided by division (C) of this section, upon3405
proof that proper notice was given and that the facts set forth in 3406
the application show reasonable and proper cause for changing the 3407
name of the applicant, the court may order the change of name.3408

       (B) An application for change of name may be made on behalf 3409
of a minor by either of the minor's parents, a legal guardian, or 3410
a guardian ad litem. When application is made on behalf of a 3411
minor, in addition to the notice and proof required pursuant to 3412
division (A) of this section, the consent of both living, legal 3413
parents of the minor shall be filed, or notice of the hearing 3414
shall be given to the parent or parents not consenting by 3415
certified mail, return receipt requested. If there is no known 3416
father of the minor, the notice shall be given to the person who 3417
the mother of the minor alleges to be the father. If no father is 3418
so alleged, or if either parent or the address of either parent is 3419
unknown, notice pursuant to division (A) of this section shall be 3420
sufficient as to the father or parent.3421

       Any additional notice required by this division may be waived 3422
in writing by any person entitled to the notice.3423

       (C)(1) The court shall not order a change of name under 3424
division (A) of this section if the person applying for a change 3425
of name or for whom the application for a change of name is made 3426
has a duty to comply with section 2950.04 or 2950.041 of the 3427
Revised Code because the applicant or the person on whose behalf 3428
the application for a change of name is made was convicted of, 3429
pleaded guilty to, or was adjudicated a delinquent child for 3430
having committed a sexually oriented offense or a child-victim 3431
oriented offense.3432

       (2) The court shall not order a change of name under division 3433
(A) of this section if the person applying for a change of name or 3434
for whom the application for a change of name is made has pleaded 3435
guilty to, been convicted of, or been adjudicated a delinquent 3436
child for committing a violation of section 2913.49 of the Revised 3437
Code unless the guilty plea, conviction, or adjudication has been 3438
reversed on appeal.3439

       (3) As used in this division, "sexually oriented offense" and 3440
"child-victim oriented offense" have the same meanings as in 3441
section 2950.01 of the Revised Code.3442

       Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the 3443
Revised Code:3444

       (A) "Claimant" means both of the following categories of 3445
persons:3446

       (1) Any of the following persons who claim an award of 3447
reparations under sections 2743.51 to 2743.72 of the Revised Code:3448

       (a) A victim who was one of the following at the time of the 3449
criminally injurious conduct:3450

       (i) A resident of the United States;3451

       (ii) A resident of a foreign country the laws of which permit 3452
residents of this state to recover compensation as victims of 3453
offenses committed in that country.3454

       (b) A dependent of a deceased victim who is described in 3455
division (A)(1)(a) of this section;3456

       (c) A third person, other than a collateral source, who 3457
legally assumes or voluntarily pays the obligations of a victim, 3458
or of a dependent of a victim, who is described in division 3459
(A)(1)(a) of this section, which obligations are incurred as a 3460
result of the criminally injurious conduct that is the subject of 3461
the claim and may include, but are not limited to, medical or 3462
burial expenses;3463

       (d) A person who is authorized to act on behalf of any person 3464
who is described in division (A)(1)(a), (b), or (c) of this 3465
section;3466

       (e) The estate of a deceased victim who is described in 3467
division (A)(1)(a) of this section.3468

       (2) Any of the following persons who claim an award of 3469
reparations under sections 2743.51 to 2743.72 of the Revised Code:3470

       (a) A victim who had a permanent place of residence within 3471
this state at the time of the criminally injurious conduct and 3472
who, at the time of the criminally injurious conduct, complied 3473
with any one of the following:3474

       (i) Had a permanent place of employment in this state;3475

       (ii) Was a member of the regular armed forces of the United 3476
States or of the United States coast guard or was a full-time 3477
member of the Ohio organized militia or of the United States army 3478
reserve, naval reserve, or air force reserve;3479

       (iii) Was retired and receiving social security or any other 3480
retirement income;3481

       (iv) Was sixty years of age or older;3482

       (v) Was temporarily in another state for the purpose of 3483
receiving medical treatment;3484

       (vi) Was temporarily in another state for the purpose of 3485
performing employment-related duties required by an employer 3486
located within this state as an express condition of employment or 3487
employee benefits;3488

       (vii) Was temporarily in another state for the purpose of 3489
receiving occupational, vocational, or other job-related training 3490
or instruction required by an employer located within this state 3491
as an express condition of employment or employee benefits;3492

       (viii) Was a full-time student at an academic institution, 3493
college, or university located in another state;3494

       (ix) Had not departed the geographical boundaries of this 3495
state for a period exceeding thirty days or with the intention of 3496
becoming a citizen of another state or establishing a permanent 3497
place of residence in another state.3498

       (b) A dependent of a deceased victim who is described in 3499
division (A)(2)(a) of this section;3500

       (c) A third person, other than a collateral source, who 3501
legally assumes or voluntarily pays the obligations of a victim, 3502
or of a dependent of a victim, who is described in division 3503
(A)(2)(a) of this section, which obligations are incurred as a 3504
result of the criminally injurious conduct that is the subject of 3505
the claim and may include, but are not limited to, medical or 3506
burial expenses;3507

       (d) A person who is authorized to act on behalf of any person 3508
who is described in division (A)(2)(a), (b), or (c) of this 3509
section;3510

       (e) The estate of a deceased victim who is described in 3511
division (A)(2)(a) of this section.3512

       (B) "Collateral source" means a source of benefits or 3513
advantages for economic loss otherwise reparable that the victim 3514
or claimant has received, or that is readily available to the 3515
victim or claimant, from any of the following sources:3516

       (1) The offender;3517

       (2) The government of the United States or any of its 3518
agencies, a state or any of its political subdivisions, or an 3519
instrumentality of two or more states, unless the law providing 3520
for the benefits or advantages makes them excess or secondary to 3521
benefits under sections 2743.51 to 2743.72 of the Revised Code;3522

       (3) Social security, medicare, and medicaid;3523

       (4) State-required, temporary, nonoccupational disability 3524
insurance;3525

       (5) Workers' compensation;3526

       (6) Wage continuation programs of any employer;3527

       (7) Proceeds of a contract of insurance payable to the victim 3528
for loss that the victim sustained because of the criminally 3529
injurious conduct;3530

       (8) A contract providing prepaid hospital and other health 3531
care services, or benefits for disability;3532

       (9) That portion of the proceeds of all contracts of 3533
insurance payable to the claimant on account of the death of the 3534
victim that exceeds fifty thousand dollars;3535

       (10) Any compensation recovered or recoverable under the laws 3536
of another state, district, territory, or foreign country because 3537
the victim was the victim of an offense committed in that state, 3538
district, territory, or country.3539

       "Collateral source" does not include any money, or the 3540
monetary value of any property, that is subject to sections 3541
2969.01 to 2969.06 of the Revised Code or that is received as a 3542
benefit from the Ohio public safety officers death benefit fund 3543
created by section 742.62 of the Revised Code.3544

       (C) "Criminally injurious conduct" means one of the 3545
following:3546

       (1) For the purposes of any person described in division 3547
(A)(1) of this section, any conduct that occurs or is attempted in 3548
this state; poses a substantial threat of personal injury or 3549
death; and is punishable by fine, imprisonment, or death, or would 3550
be so punishable but for the fact that the person engaging in the 3551
conduct lacked capacity to commit the crime under the laws of this 3552
state. Criminally injurious conduct does not include conduct 3553
arising out of the ownership, maintenance, or use of a motor 3554
vehicle, except when any of the following applies:3555

       (a) The person engaging in the conduct intended to cause 3556
personal injury or death;3557

       (b) The person engaging in the conduct was using the vehicle 3558
to flee immediately after committing a felony or an act that would 3559
constitute a felony but for the fact that the person engaging in 3560
the conduct lacked the capacity to commit the felony under the 3561
laws of this state;3562

       (c) The person engaging in the conduct was using the vehicle 3563
in a manner that constitutes an OVI violation;3564

       (d) The conduct occurred on or after July 25, 1990, and the 3565
person engaging in the conduct was using the vehicle in a manner 3566
that constitutes a violation of section 2903.08 of the Revised 3567
Code;3568

       (e) The person engaging in the conduct acted in a manner that 3569
caused serious physical harm to a person and that constituted a 3570
violation of section 4549.02 or 4549.021 of the Revised Code.3571

       (2) For the purposes of any person described in division 3572
(A)(2) of this section, any conduct that occurs or is attempted in 3573
another state, district, territory, or foreign country; poses a 3574
substantial threat of personal injury or death; and is punishable 3575
by fine, imprisonment, or death, or would be so punishable but for 3576
the fact that the person engaging in the conduct lacked capacity 3577
to commit the crime under the laws of the state, district, 3578
territory, or foreign country in which the conduct occurred or was 3579
attempted. Criminally injurious conduct does not include conduct 3580
arising out of the ownership, maintenance, or use of a motor 3581
vehicle, except when any of the following applies:3582

       (a) The person engaging in the conduct intended to cause 3583
personal injury or death;3584

       (b) The person engaging in the conduct was using the vehicle 3585
to flee immediately after committing a felony or an act that would 3586
constitute a felony but for the fact that the person engaging in 3587
the conduct lacked the capacity to commit the felony under the 3588
laws of the state, district, territory, or foreign country in 3589
which the conduct occurred or was attempted;3590

       (c) The person engaging in the conduct was using the vehicle 3591
in a manner that constitutes an OVI violation;3592

       (d) The conduct occurred on or after July 25, 1990, the 3593
person engaging in the conduct was using the vehicle in a manner 3594
that constitutes a violation of any law of the state, district, 3595
territory, or foreign country in which the conduct occurred, and 3596
that law is substantially similar to a violation of section 3597
2903.08 of the Revised Code;3598

       (e) The person engaging in the conduct acted in a manner that 3599
caused serious physical harm to a person and that constituted a 3600
violation of any law of the state, district, territory, or foreign 3601
country in which the conduct occurred, and that law is 3602
substantially similar to section 4549.02 or 4549.021 of the 3603
Revised Code.3604

       (3) For the purposes of any person described in division 3605
(A)(1) or (2) of this section, terrorism that occurs within or 3606
outside the territorial jurisdiction of the United States.3607

       (D) "Dependent" means an individual wholly or partially 3608
dependent upon the victim for care and support, and includes a 3609
child of the victim born after the victim's death.3610

       (E) "Economic loss" means economic detriment consisting only 3611
of allowable expense, work loss, funeral expense, unemployment 3612
benefits loss, replacement services loss, cost of crime scene 3613
cleanup, and cost of evidence replacement. If criminally injurious 3614
conduct causes death, economic loss includes a dependent's 3615
economic loss and a dependent's replacement services loss. 3616
Noneconomic detriment is not economic loss; however, economic loss 3617
may be caused by pain and suffering or physical impairment.3618

       (F)(1) "Allowable expense" means reasonable charges incurred 3619
for reasonably needed products, services, and accommodations, 3620
including those for medical care, rehabilitation, rehabilitative 3621
occupational training, and other remedial treatment and care and 3622
including replacement costs for hearing aids; dentures, retainers, 3623
and other dental appliances; canes, walkers, and other mobility 3624
tools; and eyeglasses and other corrective lenses. It does not 3625
include that portion of a charge for a room in a hospital, clinic, 3626
convalescent home, nursing home, or any other institution engaged 3627
in providing nursing care and related services in excess of a 3628
reasonable and customary charge for semiprivate accommodations, 3629
unless accommodations other than semiprivate accommodations are 3630
medically required.3631

       (2) An immediate family member of a victim of criminally 3632
injurious conduct that consists of a homicide, a sexual assault, 3633
domestic violence, or a severe and permanent incapacitating injury 3634
resulting in paraplegia or a similar life-altering condition, who 3635
requires psychiatric care or counseling as a result of the 3636
criminally injurious conduct, may be reimbursed for that care or 3637
counseling as an allowable expense through the victim's 3638
application. The cumulative allowable expense for care or 3639
counseling of that nature shall not exceed two thousand five 3640
hundred dollars for each immediate family member of a victim of 3641
that type and seven thousand five hundred dollars in the aggregate 3642
for all immediate family members of a victim of that type.3643

       (3) A family member of a victim who died as a proximate 3644
result of criminally injurious conduct may be reimbursed as an 3645
allowable expense through the victim's application for wages lost 3646
and travel expenses incurred in order to attend criminal justice 3647
proceedings arising from the criminally injurious conduct. The 3648
cumulative allowable expense for wages lost and travel expenses 3649
incurred by a family member to attend criminal justice proceedings 3650
shall not exceed five hundred dollars for each family member of 3651
the victim and two thousand dollars in the aggregate for all 3652
family members of the victim.3653

       (4)(a) "Allowable expense" includes reasonable expenses and 3654
fees necessary to obtain a guardian's bond pursuant to section 3655
2109.04 of the Revised Code when the bond is required to pay an 3656
award to a fiduciary on behalf of a minor or other incompetent.3657

       (b) "Allowable expense" includes attorney's fees not 3658
exceeding one thousand three hundred twenty dollars, at a rate not 3659
exceeding sixtyone hundred dollars per hour, incurred to 3660
successfully obtain a restraining order, custody order, or other 3661
order to physically separate a victim from an offender, if the 3662
attorney has not received payment under section 2743.65 of the 3663
Revised Code for assisting a claimant with an application for an 3664
award of reparations under sections 2743.51 to 2743.72 of the 3665
Revised Code and provided that, except as otherwise provided in 3666
this division, the attorney or the attorney's law firm may only 3667
receive attorney's fees as an allowable expense for the services 3668
described in this division in an amount that does not exceed a 3669
cumulative total of thirty thousand dollars in any calendar year. 3670
The thirty thousand-dollar maximum specified in this division does 3671
not apply to an attorney who is an employee of a legal aid society 3672
regarding the services described in this division that the 3673
attorney performs while so employed and does not apply to a legal 3674
aid society. Attorney's fees for the services described in this 3675
division may include an amount for reasonable travel time incurred 3676
while performing those servicesto attend court hearings, not 3677
exceeding three hours round-trip for each court hearing, assessed 3678
at a rate not exceeding thirty dollars per hour.3679

       (G) "Work loss" means loss of income from work that the 3680
injured person would have performed if the person had not been 3681
injured and expenses reasonably incurred by the person to obtain 3682
services in lieu of those the person would have performed for 3683
income, reduced by any income from substitute work actually 3684
performed by the person, or by income the person would have earned 3685
in available appropriate substitute work that the person was 3686
capable of performing but unreasonably failed to undertake.3687

       (H) "Replacement services loss" means expenses reasonably 3688
incurred in obtaining ordinary and necessary services in lieu of 3689
those the injured person would have performed, not for income, but 3690
for the benefit of the person's self or family, if the person had 3691
not been injured.3692

       (I) "Dependent's economic loss" means loss after a victim's 3693
death of contributions of things of economic value to the victim's 3694
dependents, not including services they would have received from 3695
the victim if the victim had not suffered the fatal injury, less 3696
expenses of the dependents avoided by reason of the victim's 3697
death. If a minor child of a victim is adopted after the victim's 3698
death, the minor child continues after the adoption to incur a 3699
dependent's economic loss as a result of the victim's death. If 3700
the surviving spouse of a victim remarries, the surviving spouse 3701
continues after the remarriage to incur a dependent's economic 3702
loss as a result of the victim's death.3703

       (J) "Dependent's replacement services loss" means loss 3704
reasonably incurred by dependents after a victim's death in 3705
obtaining ordinary and necessary services in lieu of those the 3706
victim would have performed for their benefit if the victim had 3707
not suffered the fatal injury, less expenses of the dependents 3708
avoided by reason of the victim's death and not subtracted in 3709
calculating the dependent's economic loss. If a minor child of a 3710
victim is adopted after the victim's death, the minor child 3711
continues after the adoption to incur a dependent's replacement 3712
services loss as a result of the victim's death. If the surviving 3713
spouse of a victim remarries, the surviving spouse continues after 3714
the remarriage to incur a dependent's replacement services loss as 3715
a result of the victim's death.3716

       (K) "Noneconomic detriment" means pain, suffering, 3717
inconvenience, physical impairment, or other nonpecuniary damage.3718

       (L) "Victim" means a person who suffers personal injury or 3719
death as a result of any of the following:3720

       (1) Criminally injurious conduct;3721

       (2) The good faith effort of any person to prevent criminally 3722
injurious conduct;3723

       (3) The good faith effort of any person to apprehend a person 3724
suspected of engaging in criminally injurious conduct.3725

       (M) "Contributory misconduct" means any conduct of the 3726
claimant or of the victim through whom the claimant claims an 3727
award of reparations that is unlawful or intentionally tortious 3728
and that, without regard to the conduct's proximity in time or 3729
space to the criminally injurious conduct, has a causal 3730
relationship to the criminally injurious conduct that is the basis 3731
of the claim.3732

       (N)(1) "Funeral expense" means any reasonable charges that 3733
are not in excess of seven thousand five hundred dollars per 3734
funeral and that are incurred for expenses directly related to a 3735
victim's funeral, cremation, or burial and any wages lost or 3736
travel expenses incurred by a family member of a victim in order 3737
to attend the victim's funeral, cremation, or burial.3738

       (2) An award for funeral expenses shall be applied first to 3739
expenses directly related to the victim's funeral, cremation, or 3740
burial. An award for wages lost or travel expenses incurred by a 3741
family member of the victim shall not exceed five hundred dollars 3742
for each family member and shall not exceed in the aggregate the 3743
difference between seven thousand five hundred dollars and 3744
expenses that are reimbursed by the program and that are directly 3745
related to the victim's funeral, cremation, or burial.3746

       (O) "Unemployment benefits loss" means a loss of unemployment 3747
benefits pursuant to Chapter 4141. of the Revised Code when the 3748
loss arises solely from the inability of a victim to meet the able 3749
to work, available for suitable work, or the actively seeking 3750
suitable work requirements of division (A)(4)(a) of section 3751
4141.29 of the Revised Code.3752

       (P) "OVI violation" means any of the following:3753

       (1) A violation of section 4511.19 of the Revised Code, of 3754
any municipal ordinance prohibiting the operation of a vehicle 3755
while under the influence of alcohol, a drug of abuse, or a 3756
combination of them, or of any municipal ordinance prohibiting the 3757
operation of a vehicle with a prohibited concentration of alcohol, 3758
a controlled substance, or a metabolite of a controlled substance 3759
in the whole blood, blood serum or plasma, breath, or urine;3760

       (2) A violation of division (A)(1) of section 2903.06 of the 3761
Revised Code;3762

       (3) A violation of division (A)(2), (3), or (4) of section 3763
2903.06 of the Revised Code or of a municipal ordinance 3764
substantially similar to any of those divisions, if the offender 3765
was under the influence of alcohol, a drug of abuse, or a 3766
combination of them, at the time of the commission of the offense;3767

       (4) For purposes of any person described in division (A)(2) 3768
of this section, a violation of any law of the state, district, 3769
territory, or foreign country in which the criminally injurious 3770
conduct occurred, if that law is substantially similar to a 3771
violation described in division (P)(1) or (2) of this section or 3772
if that law is substantially similar to a violation described in 3773
division (P)(3) of this section and the offender was under the 3774
influence of alcohol, a drug of abuse, or a combination of them, 3775
at the time of the commission of the offense.3776

       (Q) "Pendency of the claim" for an original reparations 3777
application or supplemental reparations application means the 3778
period of time from the date the criminally injurious conduct upon 3779
which the application is based occurred until the date a final 3780
decision, order, or judgment concerning that original reparations 3781
application or supplemental reparations application is issued.3782

       (R) "Terrorism" means any activity to which all of the 3783
following apply:3784

       (1) The activity involves a violent act or an act that is 3785
dangerous to human life.3786

       (2) The act described in division (R)(1) of this section is 3787
committed within the territorial jurisdiction of the United States 3788
and is a violation of the criminal laws of the United States, this 3789
state, or any other state or the act described in division (R)(1) 3790
of this section is committed outside the territorial jurisdiction 3791
of the United States and would be a violation of the criminal laws 3792
of the United States, this state, or any other state if committed 3793
within the territorial jurisdiction of the United States.3794

       (3) The activity appears to be intended to do any of the 3795
following:3796

       (a) Intimidate or coerce a civilian population;3797

       (b) Influence the policy of any government by intimidation or 3798
coercion;3799

       (c) Affect the conduct of any government by assassination or 3800
kidnapping.3801

       (4) The activity occurs primarily outside the territorial 3802
jurisdiction of the United States or transcends the national 3803
boundaries of the United States in terms of the means by which the 3804
activity is accomplished, the person or persons that the activity 3805
appears intended to intimidate or coerce, or the area or locale in 3806
which the perpetrator or perpetrators of the activity operate or 3807
seek asylum.3808

       (S) "Transcends the national boundaries of the United States" 3809
means occurring outside the territorial jurisdiction of the United 3810
States in addition to occurring within the territorial 3811
jurisdiction of the United States.3812

       (T) "Cost of crime scene cleanup" means reasonableany of the 3813
following:3814

       (1) The replacement cost for items of clothing removed from a 3815
victim in order to make an assessment of possible physical harm or 3816
to treat physical harm;3817

       (2) Reasonable and necessary costs of cleaning the scene and 3818
repairing, for the purpose of personal security, property damaged 3819
at the scene where the criminally injurious conduct occurred, not 3820
to exceed seven hundred fifty dollars in the aggregate per claim.3821

       (U) "Cost of evidence replacement" means costs for 3822
replacement of property confiscated for evidentiary purposes 3823
related to the criminally injurious conduct, not to exceed seven 3824
hundred fifty dollars in the aggregate per claim.3825

       (V) "Provider" means any person who provides a victim or 3826
claimant with a product, service, or accommodations that are an 3827
allowable expense or a funeral expense.3828

       (W) "Immediate family member" means an individual who resided 3829
in the same permanent household as a victim at the time of the 3830
criminally injurious conduct and who is related to the victim by 3831
affinity or consanguinity.3832

       (X) "Family member" means an individual who is related to a 3833
victim by affinity or consanguinity.3834

       Sec. 2743.56.  (A) A claim for an award of reparations shall 3835
be commenced by filing an application for an award of reparations 3836
with the attorney general. The application may be filed by mail. 3837
If the application is filed by mail, the post-marked date of the 3838
application shall be considered the filing date of the 3839
application. The application shall be in a form prescribed by the 3840
attorney general and shall include a release authorizing the 3841
attorney general and the court of claims to obtain any report, 3842
document, or information that relates to the determination of the 3843
claim for an award of reparations that is requested in the 3844
application.3845

       (B) All applications for an award of reparations shall be 3846
filed as follows:3847

       (1) If the victim of the criminally injurious conduct was a 3848
minor, within two years of the victim's eighteenth birthday or 3849
within two years from the date a complaint, indictment, or 3850
information is filed against the alleged offender, whichever is 3851
later. This division does not require that a complaint, 3852
indictment, or information be filed against an alleged offender in 3853
order for an application for an award of reparations to be filed 3854
pertaining to a victim who was a minor if the application is filed 3855
within two years of the victim's eighteenth birthday, and does not 3856
affect the provisions of section 2743.64 of the Revised Code.3857

       (2) If the victim of the criminally injurious conduct was an 3858
adult, within two yearsat any time after the occurrence of the 3859
criminally injurious conduct.3860

       (3) If the criminally injurious conduct occurred on or after 3861
July 1, 2000, in the manner described in division (C)(1)(e) or 3862
(2)(e) of section 2743.51 of the Revised Code, within the period 3863
set forth in division (B)(1) or (2) of this section, as 3864
applicable, or within two years after the effective date of this 3865
amendment, whichever is later.3866

       Sec. 2743.59.  (A) The attorney general shall fully 3867
investigate a claim for an award of reparations, regardless of 3868
whether any person is prosecuted for or convicted of committing 3869
the criminally injurious conduct alleged in the application. After 3870
completing the investigation, the attorney general shall make a 3871
written finding of fact and decision concerning an award of 3872
reparations. 3873

       (B)(1) The attorney general may require the claimant to 3874
supplement the application for an award of reparations with any 3875
further information or documentary materials, including any 3876
medical report readily available, that may lead to any relevant 3877
facts in the determination of whether, and the extent to which, a 3878
claimant qualifies for an award of reparations. The attorney 3879
general may depose any witness, including the claimant, pursuant 3880
to Civil Rules 28, 30, and 45.3881

       (2)(a) For the purpose of determining whether, and the extent 3882
to which, a claimant qualifies for an award of reparations, the 3883
attorney general may issue subpoenas and subpoenas duces tecum to 3884
compel any person or entity, including any collateral source, that 3885
provided, will provide, or would have provided to the victim any 3886
income, benefit, advantage, product, service, or accommodation, 3887
including any medical care or other income, benefit, advantage, 3888
product, service, or accommodation that might qualify as an 3889
allowable expense or a funeral expense, to produce materials to 3890
the attorney general that are relevant to the income, benefit, 3891
advantage, product, service, or accommodation that was, will be, 3892
or would have been so provided and to the attorney general's 3893
determination.3894

       (b) If the attorney general issues a subpoena or subpoena 3895
duces tecum under division (B)(2)(a) of this section and if the 3896
materials that the attorney general requires to be produced are 3897
located outside this state, the attorney general may designate one 3898
or more representatives, including officials of the state in which 3899
the materials are located, to inspect the materials on the 3900
attorney general's behalf, and the attorney general may respond to 3901
similar requests from officials of other states. The person or 3902
entity subpoenaed may make the materials available to the attorney 3903
general at a convenient location within the state.3904

       (c) At any time before the return day specified in the 3905
subpoena or subpoena duces tecum issued under division (B)(2)(a) 3906
of this section or within twenty days after the subpoena or 3907
subpoena duces tecum has been served, whichever period is shorter, 3908
the person or entity subpoenaed may file with a judge of the court 3909
of claims a petition to extend the return day or to modify or 3910
quash the subpoena or subpoena duces tecum. The petition shall 3911
state good cause.3912

       (d) A person or entity who is subpoenaed under division 3913
(B)(2)(a) of this section shall comply with the terms of the 3914
subpoena or subpoena duces tecum unless otherwise provided by an 3915
order of a judge of the court of claims entered prior to the day 3916
for return contained in the subpoena or as extended by the court. 3917
If a person or entity fails without lawful excuse to obey a 3918
subpoena or subpoena duces tecum issued under division (B)(2)(a) 3919
of this section or to produce relevant materials, the attorney 3920
general may apply to a judge of the court of claims for and obtain 3921
an order adjudging the person or entity in contempt of court.3922

       (C) The finding of fact and decision that is issued by the 3923
attorney general pursuant to division (A) of this section shall 3924
contain all of the following:3925

       (1) Whether the criminally injurious conduct that is the 3926
basis for the application did occur, the date on which the conduct 3927
occurred, and the exact nature of the conduct;3928

       (2) Whether the criminally injurious conduct was reported to 3929
a law enforcement officer or agency, the date on which the conduct 3930
was reported, the name of the person who reported the conduct, and 3931
the reasons why the conduct was not reported to a law enforcement 3932
officer or agency or was not reported to a law enforcement officer 3933
or agency within seventy-two hours after the conduct occurred;3934

       (3) The exact nature of the injuries that the victim 3935
sustained as a result of the criminally injurious conduct;3936

       (4) A specific list of the economic loss that was sustained 3937
as a result of the criminally injurious conduct by the victim, the 3938
claimant, or a dependent;3939

       (5) A specific list of any benefits or advantages that the 3940
victim, the claimant, or a dependent has received or is entitled 3941
to receive from any collateral source for economic loss that 3942
resulted from the conduct and whether a collateral source would 3943
have reimbursed the claimant for a particular expense if a timely 3944
claim had been made, and the extent to which the expenses likely 3945
would have been reimbursed by the collateral source;3946

       (6) A description of any evidence in support of contributory 3947
misconduct by the claimant or by the victim through whom the 3948
claimant claims an award of reparations, whether the victim has 3949
been convicted of a felony or has a record of felony arrests under 3950
the laws of this state, another state, or the United States, 3951
whether disqualifying conditions exist under division (E) of 3952
section 2743.60 of the Revised Code, and whether there is evidence 3953
that the victim engaged in an ongoing course of criminal conduct 3954
within five years or less of the criminally injurious conduct that 3955
is the subject of the claim;3956

       (7) Whether the victim of the criminally injurious conduct 3957
was a minor;3958

       (8) If the victim of the criminally injurious conduct was a 3959
minor, whether a complaint, indictment, or information was filed 3960
against the alleged offender and, if such a filing occurred, its 3961
date;3962

       (9) Any information that is relevant to the claim for an 3963
award of reparations.3964

       (D) The decision that is issued by the attorney general 3965
pursuant to division (A) of this section shall contain all of the 3966
following:3967

       (1) A statement as to whether a claimant is eligible for an 3968
award of reparations, whether payments made pursuant to the award 3969
are to be made to the claimant, to a provider, or jointly to the 3970
claimant and a provider, and the amount of the payments to the 3971
claimant or provider;3972

       (2) A statement as to whether any of the payments made 3973
pursuant to the award should be paid in a lump sum or in 3974
installments;3975

       (3) If the attorney general decides that an award not be made 3976
to the claimant, the reasons for that decision.3977

       (E) The attorney general shall make a written finding of fact 3978
and decision in accordance with sections 2743.51 to 2743.72 of the 3979
Revised Code within one hundred twenty days after receiving the 3980
claim application. The attorney general may extend the 3981
one-hundred-twenty-day time limit and shall record in writing 3982
specific reasons to justify the extension. The attorney general 3983
shall notify the claimant of the extension and of the reasons for 3984
the extension. The attorney general shall serve a copy of its 3985
written finding of fact and decision upon the claimant.3986

       Sec. 2743.60.  (A) The attorney general, a court of claims 3987
panel of commissioners, or a judge of the court of claims shall 3988
not make or order an award of reparations to any claimant who, if 3989
the victim of the criminally injurious conduct was an adult, did 3990
not file an application for an award of reparations within two 3991
years after the date of the occurrence of the criminally injurious 3992
conduct that caused the injury or death for which the victim is 3993
seeking an award of reparations or who, if the victim of that 3994
criminally injurious conduct was a minor, did not file an 3995
application for an award of reparations within the period provided 3996
by division (B)(1) of section 2743.56 of the Revised Code. An 3997
award of reparations shall not be made to a claimant if the 3998
criminally injurious conduct upon which the claimant bases a claim 3999
never was not reported to a law enforcement officer or agency 4000
within seventy-two hours after the occurrence of the conduct, 4001
unless it is determined that good cause existed for the failure to 4002
report the conduct within the seventy-two-hour period.4003

       (B)(1) The attorney general, a panel of commissioners, or a 4004
judge of the court of claims shall not make or order an award of 4005
reparations to a claimant if any of the following apply:4006

       (a) The claimant is the offender or an accomplice of the 4007
offender who committed the criminally injurious conduct, or the 4008
award would unjustly benefit the offender or accomplice.4009

       (b) Except as provided in division (B)(2) of this section, 4010
both of the following apply:4011

       (i) The victim was a passenger in a motor vehicle and knew or 4012
reasonably should have known that the driver was under the 4013
influence of alcohol, a drug of abuse, or both.4014

       (ii) The claimant is seeking compensation for injuries 4015
proximately caused by the driver described in division 4016
(B)(1)(b)(i) of this section being under the influence of alcohol, 4017
a drug of abuse, or both.4018

       (c) Both of the following apply:4019

       (i) The victim was under the influence of alcohol, a drug of 4020
abuse, or both and was a passenger in a motor vehicle and, if 4021
sober, should have reasonably known that the driver was under the 4022
influence of alcohol, a drug of abuse, or both.4023

       (ii) The claimant is seeking compensation for injuries 4024
proximately caused by the driver described in division 4025
(B)(1)(b)(i) of this section being under the influence of alcohol, 4026
a drug of abuse, or both.4027

       (2) Division (B)(1)(b) of this section does not apply if on 4028
the date of the occurrence of the criminally injurious conduct, 4029
the victim was under sixteen years of age or was at least sixteen 4030
years of age but less than eighteen years of age and was riding 4031
with a parent, guardian, or care-provider.4032

       (C) The attorney general, a panel of commissioners, or a 4033
judge of the court of claims, upon a finding that the claimant or 4034
victim has not fully cooperated with appropriate law enforcement 4035
agencies, may deny a claim or reconsider and reduce an award of 4036
reparations.4037

       (D) The attorney general, a panel of commissioners, or a 4038
judge of the court of claims shall reduce an award of reparations 4039
or deny a claim for an award of reparations that is otherwise 4040
payable to a claimant to the extent that the economic loss upon 4041
which the claim is based is recouped from other persons, including 4042
collateral sources. If an award is reduced or a claim is denied 4043
because of the expected recoupment of all or part of the economic 4044
loss of the claimant from a collateral source, the amount of the 4045
award or the denial of the claim shall be conditioned upon the 4046
claimant's economic loss being recouped by the collateral source. 4047
If the award or denial is conditioned upon the recoupment of the 4048
claimant's economic loss from a collateral source and it is 4049
determined that the claimant did not unreasonably fail to present 4050
a timely claim to the collateral source and will not receive all 4051
or part of the expected recoupment, the claim may be reopened and 4052
an award may be made in an amount equal to the amount of expected 4053
recoupment that it is determined the claimant will not receive 4054
from the collateral source.4055

       If the claimant recoups all or part of the economic loss upon 4056
which the claim is based from any other person or entity, 4057
including a collateral source, the attorney general may recover 4058
pursuant to section 2743.72 of the Revised Code the part of the 4059
award that represents the economic loss for which the claimant 4060
received the recoupment from the other person or entity.4061

       (E)(1) Except as otherwise provided in division (E)(2) of 4062
this section, the attorney general, a panel of commissioners, or a 4063
judge of the court of claims shall not make an award to a claimant 4064
if any of the following applies:4065

       (a) The victim was convicted of a felony within ten years 4066
prior to the criminally injurious conduct that gave rise to the 4067
claim or is convicted of a felony during the pendency of the 4068
claim.4069

       (b) The claimant was convicted of a felony within ten years 4070
prior to the criminally injurious conduct that gave rise to the 4071
claim or is convicted of a felony during the pendency of the 4072
claim.4073

       (c) It is proved by a preponderance of the evidence that the 4074
victim or the claimant engaged, within ten years prior to the 4075
criminally injurious conduct that gave rise to the claim or during 4076
the pendency of the claim, in an offense of violence, a violation 4077
of section 2925.03 of the Revised Code, or any substantially 4078
similar offense that also would constitute a felony under the laws 4079
of this state, another state, or the United States.4080

       (d) The claimant was convicted of a violation of section 4081
2919.22 or 2919.25 of the Revised Code, or of any state law or 4082
municipal ordinance substantially similar to either section, 4083
within ten years prior to the criminally injurious conduct that 4084
gave rise to the claim or during the pendency of the claim.4085

       (e) It is proved by a preponderance of the evidence that the 4086
victim at the time of the criminally injurious conduct that gave 4087
rise to the claim engaged in conduct that was a felony violation 4088
of section 2925.11 of the Revised Code or engaged in any 4089
substantially similar conduct that would constitute a felony under 4090
the laws of this state, another state, or the United States.4091

       (2) The attorney general, a panel of commissioners, or a 4092
judge of the court of claims may make an award to a minor 4093
dependent of a deceased victim for dependent's economic loss or 4094
for counseling pursuant to division (F)(2) of section 2743.51 of 4095
the Revised Code if the minor dependent is not ineligible under 4096
division (E)(1) of this section due to the minor dependent's 4097
criminal history and if the victim was not killed while engaging 4098
in illegal conduct that contributed to the criminally injurious 4099
conduct that gave rise to the claim. For purposes of this section, 4100
the use of illegal drugs by the deceased victim shall not be 4101
deemed to have contributed to the criminally injurious conduct 4102
that gave rise to the claim.4103

       (F) In determining whether to make an award of reparations 4104
pursuant to this section, the attorney general or panel of 4105
commissioners shall consider whether there was contributory 4106
misconduct by the victim or the claimant. The attorney general, a 4107
panel of commissioners, or a judge of the court of claims shall 4108
reduce an award of reparations or deny a claim for an award of 4109
reparations to the extent it is determined to be reasonable 4110
because of the contributory misconduct of the claimant or the 4111
victim.4112

       When the attorney general decides whether a claim should be 4113
denied because of an allegation of contributory misconduct, the 4114
burden of proof on the issue of that alleged contributory 4115
misconduct shall be upon the claimant, if either of the following 4116
apply:4117

       (1) The victim was convicted of a felony more than ten years 4118
prior to the criminally injurious conduct that is the subject of 4119
the claim or has a record of felony arrests under the laws of this 4120
state, another state, or the United States.4121

       (2) There is good cause to believe that the victim engaged in 4122
an ongoing course of criminal conduct within five years or less of 4123
the criminally injurious conduct that is the subject of the claim.4124

       (G) The attorney general, a panel of commissioners, or a 4125
judge of the court of claims shall not make an award of 4126
reparations to a claimant if the criminally injurious conduct that 4127
caused the injury or death that is the subject of the claim 4128
occurred to a victim who was an adult and while the victim, after 4129
being convicted of or pleading guilty to an offense, was serving a 4130
sentence of imprisonment in any detention facility, as defined in 4131
section 2921.01 of the Revised Code.4132

       (H) If a claimant unreasonably fails to present a claim 4133
timely to a source of benefits or advantages that would have been 4134
a collateral source and that would have reimbursed the claimant 4135
for all or a portion of a particular expense, the attorney 4136
general, a panel of commissioners, or a judge of the court of 4137
claims may reduce an award of reparations or deny a claim for an 4138
award of reparations to the extent that it is reasonable to do so.4139

       (I) Reparations payable to a victim and to all other 4140
claimants sustaining economic loss because of injury to or the 4141
death of that victim shall not exceed fifty thousand dollars in 4142
the aggregate. If the attorney general, a panel of commissioners, 4143
or a judge of the court of claims reduces an award under division 4144
(F) of this section, the maximum aggregate amount of reparations 4145
payable under this division shall be reduced proportionately to 4146
the reduction under division (F) of this section.4147

       Sec. 2743.601. Except as otherwise provided in this section, 4148
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60 4149
of the Revised Code made by the act in which this section was 4150
enacted apply to all applications for an award of reparations 4151
filed on or after the effective date of this section and to all 4152
applications for an award of reparations filed before the 4153
effective date of this section for which an award or denial of the 4154
claim by the attorney general, a panel of commissioners, or the 4155
court of claims has not yet become final. The amendments to 4156
section 2743.60 of the Revised Code made by the act in which this 4157
section was enacted, to the extent that they eliminate the statute 4158
of limitations and to the extent that they remove the seventy-two 4159
hour reporting requirement, and the amendments to section 2743.51 4160
of the Revised Code concerning guardian bonds shall apply to all 4161
claims for an award of reparations pending on the effective date 4162
of this section and to all claims for an award of reparations 4163
filed on or after the effective date of this section that are 4164
based on criminally injurious conduct not previously addressed by 4165
the attorney general, by a panel of commissioners, or by the court 4166
of claims.4167

       Sec. 2901.08. (A) If a person is alleged to have committed an 4168
offense and if the person previously has been adjudicated a 4169
delinquent child or juvenile traffic offender for a violation of a 4170
law or ordinance, except as provided in division (B) of this 4171
section, the adjudication as a delinquent child or as a juvenile 4172
traffic offender is a conviction for a violation of the law or 4173
ordinance for purposes of determining the offense with which the 4174
person should be charged and, if the person is convicted of or 4175
pleads guilty to an offense, the sentence to be imposed upon the 4176
person relative to the conviction or guilty plea.4177

       (B) A previous adjudication of a person as a delinquent child 4178
or juvenile traffic offender for a violation of a law or ordinance 4179
is not a conviction for a violation of the law or ordinance for 4180
purposes of determining whether the person is a repeat violent 4181
offender, as defined in section 2929.01 of the Revised Code, or 4182
whether the person should be sentenced as a repeat violent 4183
offender under division (D)(B)(2) of section 2929.14 and section 4184
2941.149 of the Revised Code.4185

       Sec. 2903.01.  (A) No person shall purposely, and with prior 4186
calculation and design, cause the death of another or the unlawful 4187
termination of another's pregnancy.4188

       (B) No person shall purposely cause the death of another or 4189
the unlawful termination of another's pregnancy while committing 4190
or attempting to commit, or while fleeing immediately after 4191
committing or attempting to commit, kidnapping, rape, aggravated 4192
arson, arson, aggravated robbery, robbery, aggravated burglary, 4193
burglary, trespass in a habitation when a person is present or 4194
likely to be present, terrorism, or escape.4195

       (C) No person shall purposely cause the death of another who 4196
is under thirteen years of age at the time of the commission of 4197
the offense.4198

       (D) No person who is under detention as a result of having 4199
been found guilty of or having pleaded guilty to a felony or who 4200
breaks that detention shall purposely cause the death of another.4201

       (E) No person shall purposely cause the death of a law 4202
enforcement officer whom the offender knows or has reasonable 4203
cause to know is a law enforcement officer when either of the 4204
following applies:4205

       (1) The victim, at the time of the commission of the offense, 4206
is engaged in the victim's duties.4207

       (2) It is the offender's specific purpose to kill a law 4208
enforcement officer.4209

       (F) Whoever violates this section is guilty of aggravated 4210
murder, and shall be punished as provided in section 2929.02 of 4211
the Revised Code.4212

       (G) As used in this section:4213

       (1) "Detention" has the same meaning as in section 2921.01 of 4214
the Revised Code.4215

       (2) "Law enforcement officer" has the same meaning as in 4216
section 2911.01 of the Revised Code.4217

       Sec. 2903.11.  (A) No person shall knowingly do either of the 4218
following:4219

       (1) Cause serious physical harm to another or to another's 4220
unborn;4221

       (2) Cause or attempt to cause physical harm to another or to 4222
another's unborn by means of a deadly weapon or dangerous 4223
ordnance.4224

       (B) No person, with knowledge that the person has tested 4225
positive as a carrier of a virus that causes acquired 4226
immunodeficiency syndrome, shall knowingly do any of the 4227
following:4228

       (1) Engage in sexual conduct with another person without 4229
disclosing that knowledge to the other person prior to engaging in 4230
the sexual conduct;4231

       (2) Engage in sexual conduct with a person whom the offender 4232
knows or has reasonable cause to believe lacks the mental capacity 4233
to appreciate the significance of the knowledge that the offender 4234
has tested positive as a carrier of a virus that causes acquired 4235
immunodeficiency syndrome;4236

       (3) Engage in sexual conduct with a person under eighteen 4237
years of age who is not the spouse of the offender.4238

       (C) The prosecution of a person under this section does not 4239
preclude prosecution of that person under section 2907.02 of the 4240
Revised Code.4241

       (D)(1)(a) Whoever violates this section is guilty of 4242
felonious assault. Except as otherwise provided in this division 4243
or division (D)(1)(b) of this section, felonious assault is a 4244
felony of the second degree. If the victim of a violation of 4245
division (A) of this section is a peace officer or an investigator 4246
of the bureau of criminal identification and investigation, 4247
felonious assault is a felony of the first degree. 4248

       (b) Regardless of whether the felonious assault is a felony 4249
of the first or second degree under division (D)(1)(a) of this 4250
section, if the offender also is convicted of or pleads guilty to 4251
a specification as described in section 2941.1423 of the Revised 4252
Code that was included in the indictment, count in the indictment, 4253
or information charging the offense, except as otherwise provided 4254
in this division or unless a longer prison term is required under 4255
any other provision of law, the court shall sentence the offender 4256
to a mandatory prison term as provided in division (D)(B)(8) of 4257
section 2929.14 of the Revised Code. If the victim of the offense 4258
is a peace officer or an investigator of the bureau of criminal 4259
identification and investigation, and if the victim suffered 4260
serious physical harm as a result of the commission of the 4261
offense, felonious assault is a felony of the first degree, and 4262
the court, pursuant to division (F) of section 2929.13 of the 4263
Revised Code, shall impose as a mandatory prison term one of the 4264
prison terms prescribed for a felony of the first degree.4265

       (2) In addition to any other sanctions imposed pursuant to 4266
division (D)(1) of this section for felonious assault committed in 4267
violation of division (A)(2) of this section, if the deadly weapon 4268
used in the commission of the violation is a motor vehicle, the 4269
court shall impose upon the offender a class two suspension of the 4270
offender's driver's license, commercial driver's license, 4271
temporary instruction permit, probationary license, or nonresident 4272
operating privilege as specified in division (A)(2) of section 4273
4510.02 of the Revised Code.4274

       (E) As used in this section:4275

       (1) "Deadly weapon" and "dangerous ordnance" have the same 4276
meanings as in section 2923.11 of the Revised Code.4277

       (2) "Motor vehicle" has the same meaning as in section 4278
4501.01 of the Revised Code.4279

       (3) "Peace officer" has the same meaning as in section 4280
2935.01 of the Revised Code.4281

       (4) "Sexual conduct" has the same meaning as in section 4282
2907.01 of the Revised Code, except that, as used in this section, 4283
it does not include the insertion of an instrument, apparatus, or 4284
other object that is not a part of the body into the vaginal or 4285
anal opening of another, unless the offender knew at the time of 4286
the insertion that the instrument, apparatus, or other object 4287
carried the offender's bodily fluid.4288

       (5) "Investigator of the bureau of criminal identification 4289
and investigation" means an investigator of the bureau of criminal 4290
identification and investigation who is commissioned by the 4291
superintendent of the bureau as a special agent for the purpose of 4292
assisting law enforcement officers or providing emergency 4293
assistance to peace officers pursuant to authority granted under 4294
section 109.541 of the Revised Code.4295

       (6) "Investigator" has the same meaning as in section 109.541 4296
of the Revised Code.4297

       Sec. 2903.12.  (A) No person, while under the influence of 4298
sudden passion or in a sudden fit of rage, either of which is 4299
brought on by serious provocation occasioned by the victim that is 4300
reasonably sufficient to incite the person into using deadly 4301
force, shall knowingly:4302

       (1) Cause serious physical harm to another or to another's 4303
unborn;4304

       (2) Cause or attempt to cause physical harm to another or to 4305
another's unborn by means of a deadly weapon or dangerous 4306
ordnance, as defined in section 2923.11 of the Revised Code.4307

       (B) Whoever violates this section is guilty of aggravated 4308
assault. Except as otherwise provided in this division, aggravated 4309
assault is a felony of the fourth degree. If the victim of the 4310
offense is a peace officer or an investigator of the bureau of 4311
criminal identification and investigation, aggravated assault is a 4312
felony of the third degree. Regardless of whether the offense is a 4313
felony of the third or fourth degree under this division, if the 4314
offender also is convicted of or pleads guilty to a specification 4315
as described in section 2941.1423 of the Revised Code that was 4316
included in the indictment, count in the indictment, or 4317
information charging the offense, except as otherwise provided in 4318
this division, the court shall sentence the offender to a 4319
mandatory prison term as provided in division (D)(B)(8) of section 4320
2929.14 of the Revised Code. If the victim of the offense is a 4321
peace officer or an investigator of the bureau of criminal 4322
identification and investigation, and if the victim suffered 4323
serious physical harm as a result of the commission of the 4324
offense, aggravated assault is a felony of the third degree, and 4325
the court, pursuant to division (F) of section 2929.13 of the 4326
Revised Code, shall impose as a mandatory prison term one of the 4327
prison terms prescribed for a felony of the third degree.4328

       (C) As used in this section:4329

       (1) "Investigator of the bureau of criminal identification 4330
and investigation" has the same meaning as in section 2903.11 of 4331
the Revised Code.4332

       (2) "Peace officer" has the same meaning as in section 4333
2935.01 of the Revised Code.4334

       Sec. 2903.13.  (A) No person shall knowingly cause or attempt 4335
to cause physical harm to another or to another's unborn.4336

       (B) No person shall recklessly cause serious physical harm to 4337
another or to another's unborn.4338

       (C) Whoever violates this section is guilty of assault, and 4339
the court shall sentence the offender as provided in this division 4340
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section. 4341
Except as otherwise provided in division (C)(1), (2), (3), (4), or 4342
(5) of this section, assault is a misdemeanor of the first degree.4343

       (1) Except as otherwise provided in this division, if the 4344
offense is committed by a caretaker against a functionally 4345
impaired person under the caretaker's care, assault is a felony of 4346
the fourth degree. If the offense is committed by a caretaker 4347
against a functionally impaired person under the caretaker's care, 4348
if the offender previously has been convicted of or pleaded guilty 4349
to a violation of this section or section 2903.11 or 2903.16 of 4350
the Revised Code, and if in relation to the previous conviction 4351
the offender was a caretaker and the victim was a functionally 4352
impaired person under the offender's care, assault is a felony of 4353
the third degree.4354

       (2) If the offense is committed in any of the following 4355
circumstances, assault is a felony of the fifth degree:4356

       (a) The offense occurs in or on the grounds of a state 4357
correctional institution or an institution of the department of 4358
youth services, the victim of the offense is an employee of the 4359
department of rehabilitation and correction, the department of 4360
youth services, or a probation department or is on the premises of 4361
the particular institution for business purposes or as a visitor, 4362
and the offense is committed by a person incarcerated in the state 4363
correctional institution, by a person institutionalized in the 4364
department of youth services institution pursuant to a commitment 4365
to the department of youth services, by a parolee, by an offender 4366
under transitional control, under a community control sanction, or 4367
on an escorted visit, by a person under post-release control, or 4368
by an offender under any other type of supervision by a government 4369
agency.4370

       (b) The offense occurs in or on the grounds of a local 4371
correctional facility, the victim of the offense is an employee of 4372
the local correctional facility or a probation department or is on 4373
the premises of the facility for business purposes or as a 4374
visitor, and the offense is committed by a person who is under 4375
custody in the facility subsequent to the person's arrest for any 4376
crime or delinquent act, subsequent to the person's being charged 4377
with or convicted of any crime, or subsequent to the person's 4378
being alleged to be or adjudicated a delinquent child.4379

       (c) The offense occurs off the grounds of a state 4380
correctional institution and off the grounds of an institution of 4381
the department of youth services, the victim of the offense is an 4382
employee of the department of rehabilitation and correction, the 4383
department of youth services, or a probation department, the 4384
offense occurs during the employee's official work hours and while 4385
the employee is engaged in official work responsibilities, and the 4386
offense is committed by a person incarcerated in a state 4387
correctional institution or institutionalized in the department of 4388
youth services who temporarily is outside of the institution for 4389
any purpose, by a parolee, by an offender under transitional 4390
control, under a community control sanction, or on an escorted 4391
visit, by a person under post-release control, or by an offender 4392
under any other type of supervision by a government agency.4393

       (d) The offense occurs off the grounds of a local 4394
correctional facility, the victim of the offense is an employee of 4395
the local correctional facility or a probation department, the 4396
offense occurs during the employee's official work hours and while 4397
the employee is engaged in official work responsibilities, and the 4398
offense is committed by a person who is under custody in the 4399
facility subsequent to the person's arrest for any crime or 4400
delinquent act, subsequent to the person being charged with or 4401
convicted of any crime, or subsequent to the person being alleged 4402
to be or adjudicated a delinquent child and who temporarily is 4403
outside of the facility for any purpose or by a parolee, by an 4404
offender under transitional control, under a community control 4405
sanction, or on an escorted visit, by a person under post-release 4406
control, or by an offender under any other type of supervision by 4407
a government agency.4408

       (e) The victim of the offense is a school teacher or 4409
administrator or a school bus operator, and the offense occurs in 4410
a school, on school premises, in a school building, on a school 4411
bus, or while the victim is outside of school premises or a school 4412
bus and is engaged in duties or official responsibilities 4413
associated with the victim's employment or position as a school 4414
teacher or administrator or a school bus operator, including, but 4415
not limited to, driving, accompanying, or chaperoning students at 4416
or on class or field trips, athletic events, or other school 4417
extracurricular activities or functions outside of school 4418
premises.4419

       (3) If the victim of the offense is a peace officer or an 4420
investigator of the bureau of criminal identification and 4421
investigation, a firefighter, or a person performing emergency 4422
medical service, while in the performance of their official 4423
duties, assault is a felony of the fourth degree.4424

       (4) If the victim of the offense is a peace officer or an 4425
investigator of the bureau of criminal identification and 4426
investigation and if the victim suffered serious physical harm as 4427
a result of the commission of the offense, assault is a felony of 4428
the fourth degree, and the court, pursuant to division (F) of 4429
section 2929.13 of the Revised Code, shall impose as a mandatory 4430
prison term one of the prison terms prescribed for a felony of the 4431
fourth degree that is at least twelve months in duration.4432

       (5) If the victim of the offense is an officer or employee of 4433
a public children services agency or a private child placing 4434
agency and the offense relates to the officer's or employee's 4435
performance or anticipated performance of official 4436
responsibilities or duties, assault is either a felony of the 4437
fifth degree or, if the offender previously has been convicted of 4438
or pleaded guilty to an offense of violence, the victim of that 4439
prior offense was an officer or employee of a public children 4440
services agency or private child placing agency, and that prior 4441
offense related to the officer's or employee's performance or 4442
anticipated performance of official responsibilities or duties, a 4443
felony of the fourth degree. 4444

       (6) If an offender who is convicted of or pleads guilty to 4445
assault when it is a misdemeanor also is convicted of or pleads 4446
guilty to a specification as described in section 2941.1423 of the 4447
Revised Code that was included in the indictment, count in the 4448
indictment, or information charging the offense, the court shall 4449
sentence the offender to a mandatory jail term as provided in 4450
division (G) of section 2929.24 of the Revised Code.4451

       If an offender who is convicted of or pleads guilty to 4452
assault when it is a felony also is convicted of or pleads guilty 4453
to a specification as described in section 2941.1423 of the 4454
Revised Code that was included in the indictment, count in the 4455
indictment, or information charging the offense, except as 4456
otherwise provided in division (C)(4) of this section, the court 4457
shall sentence the offender to a mandatory prison term as provided 4458
in division (D)(B)(8) of section 2929.14 of the Revised Code.4459

       (D) As used in this section:4460

       (1) "Peace officer" has the same meaning as in section 4461
2935.01 of the Revised Code.4462

       (2) "Firefighter" has the same meaning as in section 3937.41 4463
of the Revised Code.4464

       (3) "Emergency medical service" has the same meaning as in 4465
section 4765.01 of the Revised Code.4466

       (4) "Local correctional facility" means a county, 4467
multicounty, municipal, municipal-county, or multicounty-municipal 4468
jail or workhouse, a minimum security jail established under 4469
section 341.23 or 753.21 of the Revised Code, or another county, 4470
multicounty, municipal, municipal-county, or multicounty-municipal 4471
facility used for the custody of persons arrested for any crime or 4472
delinquent act, persons charged with or convicted of any crime, or 4473
persons alleged to be or adjudicated a delinquent child.4474

       (5) "Employee of a local correctional facility" means a 4475
person who is an employee of the political subdivision or of one 4476
or more of the affiliated political subdivisions that operates the 4477
local correctional facility and who operates or assists in the 4478
operation of the facility.4479

       (6) "School teacher or administrator" means either of the 4480
following:4481

       (a) A person who is employed in the public schools of the 4482
state under a contract described in section 3319.08 of the Revised 4483
Code in a position in which the person is required to have a 4484
certificate issued pursuant to sections 3319.22 to 3319.311 of the 4485
Revised Code.4486

       (b) A person who is employed by a nonpublic school for which 4487
the state board of education prescribes minimum standards under 4488
section 3301.07 of the Revised Code and who is certificated in 4489
accordance with section 3301.071 of the Revised Code.4490

       (7) "Community control sanction" has the same meaning as in 4491
section 2929.01 of the Revised Code.4492

       (8) "Escorted visit" means an escorted visit granted under 4493
section 2967.27 of the Revised Code.4494

       (9) "Post-release control" and "transitional control" have 4495
the same meanings as in section 2967.01 of the Revised Code.4496

       (10) "Investigator of the bureau of criminal identification 4497
and investigation" has the same meaning as in section 2903.11 of 4498
the Revised Code.4499

       Sec. 2905.01.  (A) No person, by force, threat, or deception, 4500
or, in the case of a victim under the age of thirteen or mentally 4501
incompetent, by any means, shall remove another from the place 4502
where the other person is found or restrain the liberty of the 4503
other person, for any of the following purposes:4504

       (1) To hold for ransom, or as a shield or hostage;4505

       (2) To facilitate the commission of any felony or flight 4506
thereafter;4507

       (3) To terrorize, or to inflict serious physical harm on the 4508
victim or another;4509

       (4) To engage in sexual activity, as defined in section 4510
2907.01 of the Revised Code, with the victim against the victim's 4511
will;4512

       (5) To hinder, impede, or obstruct a function of government, 4513
or to force any action or concession on the part of governmental 4514
authority;4515

       (6) To hold in a condition of involuntary servitude.4516

       (B) No person, by force, threat, or deception, or, in the 4517
case of a victim under the age of thirteen or mentally 4518
incompetent, by any means, shall knowingly do any of the 4519
following, under circumstances that create a substantial risk of 4520
serious physical harm to the victim or, in the case of a minor 4521
victim, under circumstances that either create a substantial risk 4522
of serious physical harm to the victim or cause physical harm to 4523
the victim:4524

       (1) Remove another from the place where the other person is 4525
found;4526

       (2) Restrain another of the other person's liberty.4527

       (C)(1) Whoever violates this section is guilty of kidnapping. 4528
Except as otherwise provided in this division or division (C)(2) 4529
or (3) of this section, kidnapping is a felony of the first 4530
degree. Except as otherwise provided in this division or division 4531
(C)(2) or (3) of this section, if an offender who violates 4532
division (A)(1) to (5), (B)(1), or (B)(2) of this section releases 4533
the victim in a safe place unharmed, kidnapping is a felony of the 4534
second degree. 4535

       (2) If the offender in any case also is convicted of or 4536
pleads guilty to a specification as described in section 2941.1422 4537
of the Revised Code that was included in the indictment, count in 4538
the indictment, or information charging the offense, the court 4539
shall order the offender to make restitution as provided in 4540
division (B)(8) of section 2929.18 of the Revised Code and, except 4541
as otherwise provided in division (C)(3) of this section, shall 4542
sentence the offender to a mandatory prison term as provided in 4543
division (D)(B)(7) of section 2929.14 of the Revised Code.4544

       (3) If the victim of the offense is less than thirteen years 4545
of age and if the offender also is convicted of or pleads guilty 4546
to a sexual motivation specification that was included in the 4547
indictment, count in the indictment, or information charging the 4548
offense, kidnapping is a felony of the first degree, and, 4549
notwithstanding the definite sentence provided for a felony of the 4550
first degree in section 2929.14 of the Revised Code, the offender 4551
shall be sentenced pursuant to section 2971.03 of the Revised Code 4552
as follows:4553

       (a) Except as otherwise provided in division (C)(3)(b) of 4554
this section, the offender shall be sentenced pursuant to that 4555
section to an indefinite prison term consisting of a minimum term 4556
of fifteen years and a maximum term of life imprisonment.4557

       (b) If the offender releases the victim in a safe place 4558
unharmed, the offender shall be sentenced pursuant to that section 4559
to an indefinite term consisting of a minimum term of ten years 4560
and a maximum term of life imprisonment.4561

       (D) As used in this section:4562

       (1) "Involuntary servitude" has the same meaning as in 4563
section 2905.31 of the Revised Code.4564

       (2) "Sexual motivation specification" has the same meaning as 4565
in section 2971.01 of the Revised Code.4566

       Sec. 2905.02.  (A) No person, without privilege to do so, 4567
shall knowingly do any of the following:4568

       (1) By force or threat, remove another from the place where 4569
the other person is found;4570

       (2) By force or threat, restrain the liberty of another 4571
person under circumstances that create a risk of physical harm to 4572
the victim or place the other person in fear;4573

       (3) Hold another in a condition of involuntary servitude.4574

       (B) No person, with a sexual motivation, shall violate 4575
division (A) of this section.4576

       (C) Whoever violates this section is guilty of abduction. A 4577
violation of division (A)(1) or (2) of this section or a violation 4578
of division (B) of this section involving conduct of the type 4579
described in division (A)(1) or (2) of this section is a felony of 4580
the third degree. A violation of division (A)(3) of this section 4581
or a violation of division (B) of this section involving conduct 4582
of the type described in division (A)(3) of this section is a 4583
felony of the second degree. If the offender in any case also is 4584
convicted of or pleads guilty to a specification as described in 4585
section 2941.1422 of the Revised Code that was included in the 4586
indictment, count in the indictment, or information charging the 4587
offense, the court shall sentence the offender to a mandatory 4588
prison term as provided in division (D)(B)(7) of section 2929.14 4589
of the Revised Code and shall order the offender to make 4590
restitution as provided in division (B)(8) of section 2929.18 of 4591
the Revised Code.4592

       (D) As used in this section:4593

       (1) "Involuntary servitude" has the same meaning as in 4594
section 2905.31 of the Revised Code.4595

       (2) "Sexual motivation" has the same meaning as in section 4596
2971.01 of the Revised Code.4597

       Sec. 2907.21.  (A) No person shall knowingly do any of the 4598
following:4599

       (1) Compel another to engage in sexual activity for hire;4600

       (2) Induce, procure, encourage, solicit, request, or 4601
otherwise facilitate either of the following:4602

       (a) A minor to engage in sexual activity for hire, whether or 4603
not the offender knows the age of the minor;4604

       (b) A person the offender believes to be a minor to engage in 4605
sexual activity for hire, whether or not the person is a minor.4606

       (3)(a) Pay or agree to pay a minor, either directly or 4607
through the minor's agent, so that the minor will engage in sexual 4608
activity, whether or not the offender knows the age of the minor;4609

       (b) Pay or agree to pay a person the offender believes to be 4610
a minor, either directly or through the person's agent, so that 4611
the person will engage in sexual activity, whether or not the 4612
person is a minor.4613

       (4)(a) Pay a minor, either directly or through the minor's 4614
agent, for the minor having engaged in sexual activity pursuant to 4615
a prior agreement, whether or not the offender knows the age of 4616
the minor;4617

       (b) Pay a person the offender believes to be a minor, either 4618
directly or through the person's agent, for the person having 4619
engaged in sexual activity pursuant to a prior agreement, whether 4620
or not the person is a minor.4621

       (5)(a) Allow a minor to engage in sexual activity for hire if 4622
the person allowing the child to engage in sexual activity for 4623
hire is the parent, guardian, custodian, person having custody or 4624
control, or person in loco parentis of the minor;4625

       (b) Allow a person the offender believes to be a minor to 4626
engage in sexual activity for hire if the person allowing the 4627
person to engage in sexual activity for hire is the parent, 4628
guardian, custodian, person having custody or control, or person 4629
in loco parentis of the person the offender believes to be a 4630
minor, whether or not the person is a minor.4631

       (B) For a prosecution under division (A)(1) of this section, 4632
the element "compel" does not require that the compulsion be 4633
openly displayed or physically exerted. The element "compel" has 4634
been established if the state proves that the victim's will was 4635
overcome by force, fear, duress, or intimidation.4636

       (C) Whoever violates this section is guilty of compelling 4637
prostitution. Except as otherwise provided in this division, 4638
compelling prostitution is a felony of the third degree. If the 4639
offender commits a violation of division (A)(1) of this section 4640
and the person compelled to engage in sexual activity for hire in 4641
violation of that division is sixteen years of age or older but 4642
less than eighteen years of age, compelling prostitution is a 4643
felony of the second degree. If the offender commits a violation 4644
of division (A)(1) of this section and the person compelled to 4645
engage in sexual activity for hire in violation of that division 4646
is less than sixteen years of age, compelling prostitution is a 4647
felony of the first degree. If the offender in any case also is 4648
convicted of or pleads guilty to a specification as described in 4649
section 2941.1422 of the Revised Code that was included in the 4650
indictment, count in the indictment, or information charging the 4651
offense, the court shall sentence the offender to a mandatory 4652
prison term as provided in division (D)(B)(7) of section 2929.14 4653
of the Revised Code and shall order the offender to make 4654
restitution as provided in division (B)(8) of section 2929.18 of 4655
the Revised Code.4656

       Sec. 2907.22.  (A) No person shall knowingly:4657

       (1) Establish, maintain, operate, manage, supervise, control, 4658
or have an interest in a brothel;4659

       (2) Supervise, manage, or control the activities of a 4660
prostitute in engaging in sexual activity for hire;4661

       (3) Transport another, or cause another to be transported 4662
across the boundary of this state or of any county in this state, 4663
in order to facilitate the other person's engaging in sexual 4664
activity for hire;4665

       (4) For the purpose of violating or facilitating a violation 4666
of this section, induce or procure another to engage in sexual 4667
activity for hire.4668

       (B) Whoever violates this section is guilty of promoting 4669
prostitution. Except as otherwise provided in this division, 4670
promoting prostitution is a felony of the fourth degree. If any 4671
prostitute in the brothel involved in the offense, or the 4672
prostitute whose activities are supervised, managed, or controlled 4673
by the offender, or the person transported, induced, or procured 4674
by the offender to engage in sexual activity for hire, is a minor, 4675
whether or not the offender knows the age of the minor, then 4676
promoting prostitution is a felony of the third degree. If the 4677
offender in any case also is convicted of or pleads guilty to a 4678
specification as described in section 2941.1422 of the Revised 4679
Code that was included in the indictment, count in the indictment, 4680
or information charging the offense, the court shall sentence the 4681
offender to a mandatory prison term as provided in division 4682
(D)(B)(7) of section 2929.14 of the Revised Code and shall order 4683
the offender to make restitution as provided in division (B)(8) of 4684
section 2929.18 of the Revised Code.4685

       Sec. 2907.323.  (A) No person shall do any of the following:4686

       (1) Photograph any minor who is not the person's child or 4687
ward in a state of nudity, or create, direct, produce, or transfer 4688
any material or performance that shows the minor in a state of 4689
nudity, unless both of the following apply:4690

       (a) The material or performance is, or is to be, sold, 4691
disseminated, displayed, possessed, controlled, brought or caused 4692
to be brought into this state, or presented for a bona fide 4693
artistic, medical, scientific, educational, religious, 4694
governmental, judicial, or other proper purpose, by or to a 4695
physician, psychologist, sociologist, scientist, teacher, person 4696
pursuing bona fide studies or research, librarian, member of the 4697
clergy, prosecutor, judge, or other person having a proper 4698
interest in the material or performance;4699

       (b) The minor's parents, guardian, or custodian consents in 4700
writing to the photographing of the minor, to the use of the minor 4701
in the material or performance, or to the transfer of the material 4702
and to the specific manner in which the material or performance is 4703
to be used.4704

       (2) Consent to the photographing of the person's minor child 4705
or ward, or photograph the person's minor child or ward, in a 4706
state of nudity or consent to the use of the person's minor child 4707
or ward in a state of nudity in any material or performance, or 4708
use or transfer a material or performance of that nature, unless 4709
the material or performance is sold, disseminated, displayed, 4710
possessed, controlled, brought or caused to be brought into this 4711
state, or presented for a bona fide artistic, medical, scientific, 4712
educational, religious, governmental, judicial, or other proper 4713
purpose, by or to a physician, psychologist, sociologist, 4714
scientist, teacher, person pursuing bona fide studies or research, 4715
librarian, member of the clergy, prosecutor, judge, or other 4716
person having a proper interest in the material or performance;4717

       (3) Possess or view any material or performance that shows a 4718
minor who is not the person's child or ward in a state of nudity, 4719
unless one of the following applies:4720

       (a) The material or performance is sold, disseminated, 4721
displayed, possessed, controlled, brought or caused to be brought 4722
into this state, or presented for a bona fide artistic, medical, 4723
scientific, educational, religious, governmental, judicial, or 4724
other proper purpose, by or to a physician, psychologist, 4725
sociologist, scientist, teacher, person pursuing bona fide studies 4726
or research, librarian, member of the clergy, prosecutor, judge, 4727
or other person having a proper interest in the material or 4728
performance.4729

       (b) The person knows that the parents, guardian, or custodian 4730
has consented in writing to the photographing or use of the minor 4731
in a state of nudity and to the manner in which the material or 4732
performance is used or transferred.4733

       (B) Whoever violates this section is guilty of illegal use of 4734
a minor in a nudity-oriented material or performance. Whoever 4735
violates division (A)(1) or (2) of this section is guilty of a 4736
felony of the second degree. Except as otherwise provided in this 4737
division, whoever violates division (A)(3) of this section is 4738
guilty of a felony of the fifth degree. If the offender previously 4739
has been convicted of or pleaded guilty to a violation of this 4740
section or section 2907.321 or 2907.322 of the Revised Code, 4741
illegal use of a minor in a nudity-oriented material or 4742
performance in violation of division (A)(3) of this section is a 4743
felony of the fourth degree. If the offender who violates division 4744
(A)(1) or (2) of this section also is convicted of or pleads 4745
guilty to a specification as described in section 2941.1422 of the 4746
Revised Code that was included in the indictment, count in the 4747
indictment, or information charging the offense, the court shall 4748
sentence the offender to a mandatory prison term as provided in 4749
division (D)(B)(7) of section 2929.14 of the Revised Code and 4750
shall order the offender to make restitution as provided in 4751
division (B)(8) of section 2929.18 of the Revised Code.4752

       Sec. 2909.03.  (A) No person, by means of fire or explosion, 4753
shall knowingly do any of the following: 4754

       (1) Cause, or create a substantial risk of, physical harm to 4755
any property of another without the other person's consent; 4756

       (2) Cause, or create a substantial risk of, physical harm to 4757
any property of the offender or another, with purpose to defraud; 4758

       (3) Cause, or create a substantial risk of, physical harm to 4759
the statehouse or a courthouse, school building, or other building 4760
or structure that is owned or controlled by the state, any 4761
political subdivision, or any department, agency, or 4762
instrumentality of the state or a political subdivision, and that 4763
is used for public purposes; 4764

       (4) Cause, or create a substantial risk of, physical harm, 4765
through the offer or the acceptance of an agreement for hire or 4766
other consideration, to any property of another without the other 4767
person's consent or to any property of the offender or another 4768
with purpose to defraud; 4769

       (5) Cause, or create a substantial risk of, physical harm to 4770
any park, preserve, wildlands, brush-covered land, cut-over land, 4771
forest, timberland, greenlands, woods, or similar real property 4772
that is owned or controlled by another person, the state, or a 4773
political subdivision without the consent of the other person, the 4774
state, or the political subdivision; 4775

       (6) With purpose to defraud, cause, or create a substantial 4776
risk of, physical harm to any park, preserve, wildlands, 4777
brush-covered land, cut-over land, forest, timberland, greenlands, 4778
woods, or similar real property that is owned or controlled by the 4779
offender, another person, the state, or a political subdivision. 4780

       (B)(1) Whoever violates this section is guilty of arson. 4781

       (2) A violation of division (A)(1) of this section is one of 4782
the following: 4783

       (a) Except as otherwise provided in division (B)(2)(b) of 4784
this section, a misdemeanor of the first degree; 4785

       (b) If the value of the property or the amount of the 4786
physical harm involved is five hundredone thousand dollars or 4787
more, a felony of the fourth degree. 4788

       (3) A violation of division (A)(2), (3), (5), or (6) of this 4789
section is a felony of the fourth degree. 4790

       (4) A violation of division (A)(4) of this section is a 4791
felony of the third degree. 4792

       Sec. 2909.05.  (A) No person shall knowingly cause serious 4793
physical harm to an occupied structure or any of its contents. 4794

       (B)(1) No person shall knowingly cause physical harm to 4795
property that is owned or possessed by another, when either of the 4796
following applies: 4797

       (a) The property is used by its owner or possessor in the 4798
owner's or possessor's profession, business, trade, or occupation, 4799
and the value of the property or the amount of physical harm 4800
involved is five hundredone thousand dollars or more; 4801

       (b) Regardless of the value of the property or the amount of 4802
damage done, the property or its equivalent is necessary in order 4803
for its owner or possessor to engage in the owner's or possessor's 4804
profession, business, trade, or occupation. 4805

       (2) No person shall knowingly cause serious physical harm to 4806
property that is owned, leased, or controlled by a governmental 4807
entity. A governmental entity includes, but is not limited to, the 4808
state or a political subdivision of the state, a school district, 4809
the board of trustees of a public library or public university, or 4810
any other body corporate and politic responsible for governmental 4811
activities only in geographical areas smaller than that of the 4812
state. 4813

       (C) No person, without privilege to do so, shall knowingly 4814
cause serious physical harm to any tomb, monument, gravestone, or 4815
other similar structure that is used as a memorial for the dead; 4816
to any fence, railing, curb, or other property that is used to 4817
protect, enclose, or ornament any cemetery; or to a cemetery. 4818

       (D) No person, without privilege to do so, shall knowingly 4819
cause physical harm to a place of burial by breaking and entering 4820
into a tomb, crypt, casket, or other structure that is used as a 4821
memorial for the dead or as an enclosure for the dead. 4822

       (E) Whoever violates this section is guilty of vandalism. 4823
Except as otherwise provided in this division, vandalism is a 4824
felony of the fifth degree that is punishable by a fine of up to 4825
two thousand five hundred dollars in addition to the penalties 4826
specified for a felony of the fifth degree in sections 2929.11 to 4827
2929.18 of the Revised Code. If the value of the property or the 4828
amount of physical harm involved is fiveseven thousand five 4829
hundred dollars or more but less than one hundred fifty thousand 4830
dollars, vandalism is a felony of the fourth degree. If the value 4831
of the property or the amount of physical harm involved is one 4832
hundred fifty thousand dollars or more, vandalism is a felony of 4833
the third degree. 4834

       (F) For purposes of this section: 4835

       (1) "Cemetery" means any place of burial and includes burial 4836
sites that contain American Indian burial objects placed with or 4837
containing American Indian human remains. 4838

       (2) "Serious physical harm" means physical harm to property 4839
that results in loss to the value of the property of five hundred4840
one thousand dollars or more. 4841

       Sec. 2909.11.  (A) When a person is charged with a violation 4842
of division (A)(1) of section 2909.03 of the Revised Code 4843
involving property value or an amount of physical harm of five 4844
hundredone thousand dollars or more or with a violation of 4845
section 2909.05 of the Revised Code involving property value or an 4846
amount of physical harm of five hundredone thousand dollars or 4847
more, the jury or court trying the accused shall determine the 4848
value of the property or amount of physical harm and, if a guilty 4849
verdict is returned, shall return the finding as part of the 4850
verdict. In any such case, it is unnecessary to find or return the 4851
exact value or amount of physical harm, section 2945.75 of the 4852
Revised Code applies, and it is sufficient if either of the 4853
following applies, as appropriate, relative to the finding and 4854
return of the value or amount of physical harm: 4855

       (1) If the finding and return relate to a violation of 4856
division (A)(1) of section 2909.03 of the Revised Code and are 4857
that the value or amount of the physical harm was five hundred4858
one thousand dollars or more, the finding and return shall include 4859
a statement that the value or amount was five hundredone 4860
thousand dollars or more. 4861

       (2) If the finding and return relate to a violation of 4862
division section 2909.05 of the Revised Code and are that the 4863
value or amount of the physical harm was in any of the following 4864
categories, the finding and return shall include one of the 4865
following statements, as appropriate: 4866

       (a) If the finding and return are that the value or amount 4867
was one hundred fifty thousand dollars or more, a statement that 4868
the value or amount was one hundred fifty thousand dollars or 4869
more; 4870

       (b) If the finding and return are that the value or amount 4871
was fiveseven thousand five hundred dollars or more but less than 4872
one hundred fifty thousand dollars a statement that the value or 4873
amount was fiveseven thousand five hundred dollars or more but 4874
less than one hundred fifty thousand dollars; 4875

       (c) If the finding and return are that the value or amount 4876
was five hundredone thousand dollars or more but less than five4877
seven thousand five hundred dollars, a statement that the value 4878
or amount was five hundredone thousand dollars or more but less 4879
than fiveseven thousand five hundred dollars. 4880

       (B) The following criteria shall be used in determining the 4881
value of property or amount of physical harm involved in a 4882
violation of division (A)(1) of section 2909.03 or section 2909.05 4883
of the Revised Code: 4884

       (1) If the property is an heirloom, memento, collector's 4885
item, antique, museum piece, manuscript, document, record, or 4886
other thing that is either irreplaceable or is replaceable only on 4887
the expenditure of substantial time, effort, or money, the value 4888
of the property or the amount of physical harm involved is the 4889
amount that would compensate the owner for its loss. 4890

       (2) If the property is not covered under division (B)(1) of 4891
this section and the physical harm is such that the property can 4892
be restored substantially to its former condition, the amount of 4893
physical harm involved is the reasonable cost of restoring the 4894
property. 4895

       (3) If the property is not covered under division (B)(1) of 4896
this section and the physical harm is such that the property 4897
cannot be restored substantially to its former condition, the 4898
value of the property, in the case of personal property, is the 4899
cost of replacing the property with new property of like kind and 4900
quality, and, in the case of real property or real property 4901
fixtures, is the difference in the fair market value of the 4902
property immediately before and immediately after the offense. 4903

       (C) As used in this section, "fair market value" has the same 4904
meaning as in section 2913.61 of the Revised Code. 4905

       (D) Prima-facie evidence of the value of property, as 4906
provided in division (E) of section 2913.61 of the Revised Code, 4907
may be used to establish the value of property pursuant to this 4908
section. 4909

       Sec. 2911.12.  (A) No person, by force, stealth, or 4910
deception, shall do any of the following:4911

       (1) Trespass in an occupied structure or in a separately 4912
secured or separately occupied portion of an occupied structure, 4913
when another person other than an accomplice of the offender is 4914
present, with purpose to commit in the structure or in the 4915
separately secured or separately occupied portion of the structure 4916
any criminal offense;4917

       (2) Trespass in an occupied structure or in a separately 4918
secured or separately occupied portion of an occupied structure 4919
that is a permanent or temporary habitation of any person when any 4920
person other than an accomplice of the offender is present or 4921
likely to be present, with purpose to commit in the habitation any 4922
criminal offense;4923

       (3) Trespass in an occupied structure or in a separately 4924
secured or separately occupied portion of an occupied structure, 4925
with purpose to commit in the structure or separately secured or 4926
separately occupied portion of the structure any criminal 4927
offense;.4928

       (4) Trespass(B) No person, by force, stealth, or deception, 4929
shall trespass in a permanent or temporary habitation of any 4930
person when any person other than an accomplice of the offender is 4931
present or likely to be present.4932

       (B)(C) As used in this section, "occupied structure" has the 4933
same meaning as in section 2909.01 of the Revised Code.4934

       (C)(D) Whoever violates division (A) of this section is 4935
guilty of burglary. A violation of division (A)(1) or (2) of this 4936
section is a felony of the second degree. A violation of division 4937
(A)(3) of this section is a felony of the third degree. A 4938
violation of division (A)(4) of this section is a felony of the 4939
fourth degree.4940

       (E) Whoever violates division (B) of this section is guilty 4941
of trespass in a habitation when a person is present or likely to 4942
be present, a felony of the fourth degree.4943

       Sec. 2913.01.  As used in this chapter, unless the context 4944
requires that a term be given a different meaning:4945

       (A) "Deception" means knowingly deceiving another or causing 4946
another to be deceived by any false or misleading representation, 4947
by withholding information, by preventing another from acquiring 4948
information, or by any other conduct, act, or omission that 4949
creates, confirms, or perpetuates a false impression in another, 4950
including a false impression as to law, value, state of mind, or 4951
other objective or subjective fact.4952

       (B) "Defraud" means to knowingly obtain, by deception, some 4953
benefit for oneself or another, or to knowingly cause, by 4954
deception, some detriment to another.4955

       (C) "Deprive" means to do any of the following:4956

       (1) Withhold property of another permanently, or for a period 4957
that appropriates a substantial portion of its value or use, or 4958
with purpose to restore it only upon payment of a reward or other 4959
consideration;4960

       (2) Dispose of property so as to make it unlikely that the 4961
owner will recover it;4962

       (3) Accept, use, or appropriate money, property, or services, 4963
with purpose not to give proper consideration in return for the 4964
money, property, or services, and without reasonable justification 4965
or excuse for not giving proper consideration.4966

       (D) "Owner" means, unless the context requires a different 4967
meaning, any person, other than the actor, who is the owner of, 4968
who has possession or control of, or who has any license or 4969
interest in property or services, even though the ownership, 4970
possession, control, license, or interest is unlawful.4971

       (E) "Services" include labor, personal services, professional 4972
services, rental services, public utility services including 4973
wireless service as defined in division (F)(1) of section 4931.40 4974
of the Revised Code, common carrier services, and food, drink, 4975
transportation, entertainment, and cable television services and, 4976
for purposes of section 2913.04 of the Revised Code, include cable 4977
services as defined in that section.4978

       (F) "Writing" means any computer software, document, letter, 4979
memorandum, note, paper, plate, data, film, or other thing having 4980
in or upon it any written, typewritten, or printed matter, and any 4981
token, stamp, seal, credit card, badge, trademark, label, or other 4982
symbol of value, right, privilege, license, or identification.4983

       (G) "Forge" means to fabricate or create, in whole or in part 4984
and by any means, any spurious writing, or to make, execute, 4985
alter, complete, reproduce, or otherwise purport to authenticate 4986
any writing, when the writing in fact is not authenticated by that 4987
conduct.4988

       (H) "Utter" means to issue, publish, transfer, use, put or 4989
send into circulation, deliver, or display.4990

       (I) "Coin machine" means any mechanical or electronic device 4991
designed to do both of the following:4992

       (1) Receive a coin, bill, or token made for that purpose;4993

       (2) In return for the insertion or deposit of a coin, bill, 4994
or token, automatically dispense property, provide a service, or 4995
grant a license.4996

       (J) "Slug" means an object that, by virtue of its size, 4997
shape, composition, or other quality, is capable of being inserted 4998
or deposited in a coin machine as an improper substitute for a 4999
genuine coin, bill, or token made for that purpose.5000

       (K) "Theft offense" means any of the following:5001

       (1) A violation of section 2911.01, 2911.02, 2911.11, 5002
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 5003
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 5004
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 5005
2913.47, 2913.48, former section 2913.47 or 2913.48, or section 5006
2913.51, 2915.05, or 2921.41 of the Revised Code;5007

       (2) A violation of an existing or former municipal ordinance 5008
or law of this or any other state, or of the United States, 5009
substantially equivalent to any section listed in division (K)(1) 5010
of this section or a violation of section 2913.41, 2913.81, or 5011
2915.06 of the Revised Code as it existed prior to July 1, 1996;5012

       (3) An offense under an existing or former municipal 5013
ordinance or law of this or any other state, or of the United 5014
States, involving robbery, burglary, breaking and entering, theft, 5015
embezzlement, wrongful conversion, forgery, counterfeiting, 5016
deceit, or fraud;5017

       (4) A conspiracy or attempt to commit, or complicity in 5018
committing, any offense under division (K)(1), (2), or (3) of this 5019
section.5020

       (L) "Computer services" includes, but is not limited to, the 5021
use of a computer system, computer network, computer program, data 5022
that is prepared for computer use, or data that is contained 5023
within a computer system or computer network.5024

       (M) "Computer" means an electronic device that performs 5025
logical, arithmetic, and memory functions by the manipulation of 5026
electronic or magnetic impulses. "Computer" includes, but is not 5027
limited to, all input, output, processing, storage, computer 5028
program, or communication facilities that are connected, or 5029
related, in a computer system or network to an electronic device 5030
of that nature.5031

       (N) "Computer system" means a computer and related devices, 5032
whether connected or unconnected, including, but not limited to, 5033
data input, output, and storage devices, data communications 5034
links, and computer programs and data that make the system capable 5035
of performing specified special purpose data processing tasks.5036

       (O) "Computer network" means a set of related and remotely 5037
connected computers and communication facilities that includes 5038
more than one computer system that has the capability to transmit 5039
among the connected computers and communication facilities through 5040
the use of computer facilities.5041

       (P) "Computer program" means an ordered set of data 5042
representing coded instructions or statements that, when executed 5043
by a computer, cause the computer to process data.5044

       (Q) "Computer software" means computer programs, procedures, 5045
and other documentation associated with the operation of a 5046
computer system.5047

       (R) "Data" means a representation of information, knowledge, 5048
facts, concepts, or instructions that are being or have been 5049
prepared in a formalized manner and that are intended for use in a 5050
computer, computer system, or computer network. For purposes of 5051
section 2913.47 of the Revised Code, "data" has the additional 5052
meaning set forth in division (A) of that section.5053

       (S) "Cable television service" means any services provided by 5054
or through the facilities of any cable television system or other 5055
similar closed circuit coaxial cable communications system, or any 5056
microwave or similar transmission service used in connection with 5057
any cable television system or other similar closed circuit 5058
coaxial cable communications system.5059

       (T) "Gain access" means to approach, instruct, communicate 5060
with, store data in, retrieve data from, or otherwise make use of 5061
any resources of a computer, computer system, or computer network, 5062
or any cable service or cable system both as defined in section 5063
2913.04 of the Revised Code.5064

       (U) "Credit card" includes, but is not limited to, a card, 5065
code, device, or other means of access to a customer's account for 5066
the purpose of obtaining money, property, labor, or services on 5067
credit, or for initiating an electronic fund transfer at a 5068
point-of-sale terminal, an automated teller machine, or a cash 5069
dispensing machine. It also includes a county procurement card 5070
issued under section 301.29 of the Revised Code.5071

       (V) "Electronic fund transfer" has the same meaning as in 92 5072
Stat. 3728, 15 U.S.C.A. 1693a, as amended.5073

       (W) "Rented property" means personal property in which the 5074
right of possession and use of the property is for a short and 5075
possibly indeterminate term in return for consideration; the 5076
rentee generally controls the duration of possession of the 5077
property, within any applicable minimum or maximum term; and the 5078
amount of consideration generally is determined by the duration of 5079
possession of the property.5080

       (X) "Telecommunication" means the origination, emission, 5081
dissemination, transmission, or reception of data, images, 5082
signals, sounds, or other intelligence or equivalence of 5083
intelligence of any nature over any communications system by any 5084
method, including, but not limited to, a fiber optic, electronic, 5085
magnetic, optical, digital, or analog method.5086

       (Y) "Telecommunications device" means any instrument, 5087
equipment, machine, or other device that facilitates 5088
telecommunication, including, but not limited to, a computer, 5089
computer network, computer chip, computer circuit, scanner, 5090
telephone, cellular telephone, pager, personal communications 5091
device, transponder, receiver, radio, modem, or device that 5092
enables the use of a modem.5093

       (Z) "Telecommunications service" means the providing, 5094
allowing, facilitating, or generating of any form of 5095
telecommunication through the use of a telecommunications device 5096
over a telecommunications system.5097

       (AA) "Counterfeit telecommunications device" means a 5098
telecommunications device that, alone or with another 5099
telecommunications device, has been altered, constructed, 5100
manufactured, or programmed to acquire, intercept, receive, or 5101
otherwise facilitate the use of a telecommunications service or 5102
information service without the authority or consent of the 5103
provider of the telecommunications service or information service. 5104
"Counterfeit telecommunications device" includes, but is not 5105
limited to, a clone telephone, clone microchip, tumbler telephone, 5106
or tumbler microchip; a wireless scanning device capable of 5107
acquiring, intercepting, receiving, or otherwise facilitating the 5108
use of telecommunications service or information service without 5109
immediate detection; or a device, equipment, hardware, or software 5110
designed for, or capable of, altering or changing the electronic 5111
serial number in a wireless telephone.5112

       (BB)(1) "Information service" means, subject to division 5113
(BB)(2) of this section, the offering of a capability for 5114
generating, acquiring, storing, transforming, p