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

Ohio House Bill 86 (Prior Session Legislation)

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,

926.99, 1333.99, 1707.99, 1716.99, 2151.23,

2152.02, 2152.021, 2152.12, 2152.13, 2152.14,

2152.17, 2152.22, 2301.27, 2301.30, 2717.01,

2743.51, 2743.56, 2743.59, 2743.60, 2901.08,

2903.01, 2903.11, 2903.12, 2903.13, 2905.01,

2905.02, 2907.21, 2907.22, 2907.323, 2909.03,

2909.05, 2909.11, 2911.12, 2913.01, 2913.02,

2913.03, 2913.04, 2913.11, 2913.21, 2913.31,

2913.32, 2913.34, 2913.40, 2913.401, 2913.42,

2913.421, 2913.43, 2913.45, 2913.46, 2913.47,

2913.48, 2913.49, 2913.51, 2913.61, 2915.05,

2917.21, 2917.31, 2917.32, 2919.21, 2919.22,

2921.13, 2921.34, 2921.41, 2923.01, 2923.31,

2923.32, 2925.01, 2925.02, 2925.03, 2925.04,

2925.041, 2925.05, 2925.11, 2925.36, 2929.01,

2929.11, 2929.13, 2929.14, 2929.15, 2929.19,

2929.191, 2929.20, 2929.26, 2929.34, 2929.41,

2930.12, 2930.16, 2930.17, 2935.041, 2937.36,

2941.141, 2941.142, 2941.143, 2941.144, 2941.145,

2941.146, 2941.1411, 2941.1412, 2941.1414,

2941.1415, 2941.1421, 2941.1422, 2941.1423,

2950.99, 2951.041, 2951.08, 2953.08, 2967.14,

2967.193, 2967.28, 2971.03, 2981.07, 3719.99,

4507.51, 4511.091, 4729.99, 5120.031, 5120.07,

5120.111, 5120.16, 5120.331, 5120.48, 5120.59,

5120.60, 5120.66, 5139.01, 5139.06, 5139.18,

5139.20, 5139.43, 5139.52, 5149.01, 5149.10,

5149.31, 5149.32, 5149.33, 5149.34, and 5149.36

and to enact sections 307.932, 2152.121, 2152.51,

2152.52, 2152.53, 2152.54, 2152.55, 2152.56,

2152.57, 2152.58, 2152.59, 2301.271, 2743.601,

2929.143, 2950.17, 2951.022, 2961.21, 2961.22,

2961.23, 2961.24, 2967.19, 5120.036, 5120.113,

5120.114, 5120.115, and 5149.311 of the Revised

Code 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

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 president~~a 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, and	513
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 ~~his~~the person's	1053
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 ~~his~~the 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 ~~section~~division 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 trial~~As 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 hundred~~one thousand dollars or	1111
more and is less than ~~five~~seven thousand five hundred dollars. If	1112
the financial obligation is ~~five~~seven thousand five hundred	1113
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 hundred~~one thousand dollars or more and less than ~~five~~	1151
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 ~~five~~seven thousand	1154
five hundred dollars or more and less than one hundred fifty	1155
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 hundred~~one	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 hundred~~one thousand	1171
dollars or more but less than ~~five~~seven thousand five hundred	1172
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 ~~five~~seven thousand five	1177
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1178
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-five~~thirty-seven	1183
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 hundred~~one thousand dollars or more but	1213
less than ~~five~~seven 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 ~~five~~seven 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 hundred~~one thousand dollars or more and is less than	1250
~~five~~seven 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 ~~five~~seven thousand five hundred dollars or more and is less	1254
than ~~twenty-five~~thirty-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-five~~thirty-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) ~~Any~~Except 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 that	1701

~~(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 that	1708

~~(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 ~~the~~either 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 the~~	1778

(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 if	1781
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 Code	2412
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. ~~The~~	3248

(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

~~Upon~~Except as provided by division (C) of this section, upon	3405
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 ~~sixty~~one 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 services~~to 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 ~~reasonable~~any 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 years~~at 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

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

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 hundred~~one 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 hundred~~one 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 ~~five~~seven 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 hundred~~	4840
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
~~hundred~~one 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 hundred~~one 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 hundred~~	4858
one thousand dollars or more, the finding and return shall include	4859
a statement that the value or amount was ~~five hundred~~one	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 ~~five~~seven thousand five hundred dollars or more but less than	4872
one hundred fifty thousand dollars a statement that the value or	4873
amount was ~~five~~seven 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 hundred~~one thousand dollars or more but less than ~~five~~	4877
seven thousand five hundred dollars, a statement that the value	4878
or amount was ~~five hundred~~one thousand dollars or more but less	4879
than ~~five~~seven 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

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, processing,	5115
retrieving, utilizing, or making available information via	5116
telecommunications, including, but not limited to, electronic	5117
publishing.	5118

(2) "Information service" does not include any use of a	5119
capability of a type described in division (BB)(1) of this section	5120
for the management, control, or operation of a telecommunications	5121
system or the management of a telecommunications service.	5122

(CC) "Elderly person" means a person who is sixty-five years	5123
of age or older.	5124

(DD) "Disabled adult" means a person who is eighteen years of	5125
age or older and has some impairment of body or mind that makes	5126
the person unable to work at any substantially remunerative	5127
employment that the person otherwise would be able to perform and	5128
that will, with reasonable probability, continue for a period of	5129
at least twelve months without any present indication of recovery	5130
from the impairment, or who is eighteen years of age or older and	5131
has been certified as permanently and totally disabled by an	5132
agency of this state or the United States that has the function of	5133
so classifying persons.	5134

(EE) "Firearm" and "dangerous ordnance" have the same	5135
meanings as in section 2923.11 of the Revised Code.	5136

(FF) "Motor vehicle" has the same meaning as in section	5137
4501.01 of the Revised Code.	5138

(GG) "Dangerous drug" has the same meaning as in section	5139
4729.01 of the Revised Code.	5140

(HH) "Drug abuse offense" has the same meaning as in section	5141
2925.01 of the Revised Code.	5142

(II)(1) "Computer hacking" means any of the following:

5143

(a) Gaining access or attempting to gain access to all or	5144
part of a computer, computer system, or a computer network without	5145
express or implied authorization with the intent to defraud or	5146
with intent to commit a crime;	5147

(b) Misusing computer or network services including, but not	5148
limited to, mail transfer programs, file transfer programs, proxy	5149
servers, and web servers by performing functions not authorized by	5150
the owner of the computer, computer system, or computer network or	5151
other person authorized to give consent. As used in this division,	5152
"misuse of computer and network services" includes, but is not	5153
limited to, the unauthorized use of any of the following:	5154

(i) Mail transfer programs to send mail to persons other than	5155
the authorized users of that computer or computer network;	5156

(ii) File transfer program proxy services or proxy servers to	5157
access other computers, computer systems, or computer networks;	5158

(iii) Web servers to redirect users to other web pages or web	5159
servers.	5160

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	5161
using a group of computer programs commonly known as "port	5162
scanners" or "probes" to intentionally access any computer,	5163
computer system, or computer network without the permission of the	5164
owner of the computer, computer system, or computer network or	5165
other person authorized to give consent. The group of computer	5166
programs referred to in this division includes, but is not limited	5167
to, those computer programs that use a computer network to access	5168
a computer, computer system, or another computer network to	5169
determine any of the following: the presence or types of computers	5170
or computer systems on a network; the computer network's	5171
facilities and capabilities; the availability of computer or	5172
network services; the presence or versions of computer software	5173
including, but not limited to, operating systems, computer	5174
services, or computer contaminants; the presence of a known	5175
computer software deficiency that can be used to gain unauthorized	5176
access to a computer, computer system, or computer network; or any	5177
other information about a computer, computer system, or computer	5178
network not necessary for the normal and lawful operation of the	5179
computer initiating the access.	5180

(ii) The group of computer programs referred to in division	5181
(II)(1)(c)(i) of this section does not include standard computer	5182
software used for the normal operation, administration,	5183
management, and test of a computer, computer system, or computer	5184
network including, but not limited to, domain name services, mail	5185
transfer services, and other operating system services, computer	5186
programs commonly called "ping," "tcpdump," and "traceroute" and	5187
other network monitoring and management computer software, and	5188
computer programs commonly known as "nslookup" and "whois" and	5189
other systems administration computer software.	5190

(d) The intentional use of a computer, computer system, or a	5191
computer network in a manner that exceeds any right or permission	5192
granted by the owner of the computer, computer system, or computer	5193
network or other person authorized to give consent.	5194

(2) "Computer hacking" does not include the introduction of a	5195
computer contaminant, as defined in section ~~2909.02~~2909.01 of the	5196
Revised Code, into a computer, computer system, computer program,	5197
or computer network.	5198

(JJ) "Police dog or horse" has the same meaning as in section	5199
2921.321 of the Revised Code.	5200

(KK) "Anhydrous ammonia" is a compound formed by the	5201
combination of two gaseous elements, nitrogen and hydrogen, in the	5202
manner described in this division. Anhydrous ammonia is one part	5203
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	5204
weight is fourteen parts nitrogen to three parts hydrogen, which	5205
is approximately eighty-two per cent nitrogen to eighteen per cent	5206
hydrogen.	5207

(LL) "Assistance dog" has the same meaning as in section	5208
955.011 of the Revised Code.	5209

(MM) "Federally licensed firearms dealer" has the same	5210
meaning as in section 5502.63 of the Revised Code.	5211

Sec. 2913.02. (A) No person, with purpose to deprive the	5212
owner of property or services, shall knowingly obtain or exert	5213
control over either the property or services in any of the	5214
following ways:	5215

(1) Without the consent of the owner or person authorized to	5216
give consent;	5217

(2) Beyond the scope of the express or implied consent of the	5218
owner or person authorized to give consent;	5219

(3) By deception;

5220

(4) By threat;

5221

(5) By intimidation.

5222

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

5223

(2) Except as otherwise provided in this division or division	5224
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	5225
this section is petty theft, a misdemeanor of the first degree. If	5226
the value of the property or services stolen is ~~five hundred~~one	5227
thousand dollars or more and is less than ~~five~~seven thousand five	5228
hundred dollars or if the property stolen is any of the property	5229
listed in section 2913.71 of the Revised Code, a violation of this	5230
section is theft, a felony of the fifth degree. If the value of	5231
the property or services stolen is ~~five~~seven thousand five	5232
hundred dollars or more and is less than one hundred fifty	5233
thousand dollars, a violation of this section is grand theft, a	5234
felony of the fourth degree. If the value of the property or	5235
services stolen is one hundred fifty thousand dollars or more and	5236
is less than ~~five~~seven hundred fifty thousand dollars, a	5237
violation of this section is aggravated theft, a felony of the	5238
third degree. If the value of the property or services is ~~five~~	5239
seven hundred fifty thousand dollars or more and is less than one	5240
million five hundred thousand dollars, a violation of this section	5241
is aggravated theft, a felony of the second degree. If the value	5242
of the property or services stolen is one million five hundred	5243
thousand dollars or more, a violation of this section is	5244
aggravated theft of one million five hundred thousand dollars or	5245
more, a felony of the first degree.	5246

(3) Except as otherwise provided in division (B)(4), (5),	5247
(6), (7), or (8) of this section, if the victim of the offense is	5248
an elderly person or disabled adult, a violation of this section	5249
is theft from an elderly person or disabled adult, and division	5250
(B)(3) of this section applies. Except as otherwise provided in	5251
this division, theft from an elderly person or disabled adult is a	5252
felony of the fifth degree. If the value of the property or	5253
services stolen is ~~five hundred~~one thousand dollars or more and	5254
is less than ~~five~~seven thousand five hundred dollars, theft from	5255
an elderly person or disabled adult is a felony of the fourth	5256
degree. If the value of the property or services stolen is ~~five~~	5257
seven thousand five hundred dollars or more and is less than	5258
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	5259
an elderly person or disabled adult is a felony of the third	5260
degree. If the value of the property or services stolen is	5261
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	5262
is less than one hundred fifty thousand dollars, theft from an	5263
elderly person or disabled adult is a felony of the second degree.	5264
If the value of the property or services stolen is one hundred	5265
fifty thousand dollars or more, theft from an elderly person or	5266
disabled adult is a felony of the first degree.	5267

(4) If the property stolen is a firearm or dangerous	5268
ordnance, a violation of this section is grand theft. Except as	5269
otherwise provided in this division, grand theft when the property	5270
stolen is a firearm or dangerous ordnance is a felony of the third	5271
degree, and there is a presumption in favor of the court imposing	5272
a prison term for the offense. If the firearm or dangerous	5273
ordnance was stolen from a federally licensed firearms dealer,	5274
grand theft when the property stolen is a firearm or dangerous	5275
ordnance is a felony of the first degree. The offender shall serve	5276
a prison term imposed for grand theft when the property stolen is	5277
a firearm or dangerous ordnance consecutively to any other prison	5278
term or mandatory prison term previously or subsequently imposed	5279
upon the offender.	5280

(5) If the property stolen is a motor vehicle, a violation of	5281
this section is grand theft of a motor vehicle, a felony of the	5282
fourth degree.	5283

(6) If the property stolen is any dangerous drug, a violation	5284
of this section is theft of drugs, a felony of the fourth degree,	5285
or, if the offender previously has been convicted of a felony drug	5286
abuse offense, a felony of the third degree.	5287

(7) If the property stolen is a police dog or horse or an	5288
assistance dog and the offender knows or should know that the	5289
property stolen is a police dog or horse or an assistance dog, a	5290
violation of this section is theft of a police dog or horse or an	5291
assistance dog, a felony of the third degree.	5292

(8) If the property stolen is anhydrous ammonia, a violation	5293
of this section is theft of anhydrous ammonia, a felony of the	5294
third degree.	5295

(9) In addition to the penalties described in division (B)(2)	5296
of this section, if the offender committed the violation by	5297
causing a motor vehicle to leave the premises of an establishment	5298
at which gasoline is offered for retail sale without the offender	5299
making full payment for gasoline that was dispensed into the fuel	5300
tank of the motor vehicle or into another container, the court may	5301
do one of the following:	5302

(a) Unless division (B)(9)(b) of this section applies,	5303
suspend for not more than six months the offender's driver's	5304
license, probationary driver's license, commercial driver's	5305
license, temporary instruction permit, or nonresident operating	5306
privilege;	5307

(b) If the offender's driver's license, probationary driver's	5308
license, commercial driver's license, temporary instruction	5309
permit, or nonresident operating privilege has previously been	5310
suspended pursuant to division (B)(9)(a) of this section, impose a	5311
class seven suspension of the offender's license, permit, or	5312
privilege from the range specified in division (A)(7) of section	5313
4510.02 of the Revised Code, provided that the suspension shall be	5314
for at least six months.	5315

(10) In addition to the penalties described in division	5316
(B)(2) of this section, if the offender committed the violation by	5317
stealing rented property or rental services, the court may order	5318
that the offender make restitution pursuant to section 2929.18 or	5319
2929.28 of the Revised Code. Restitution may include, but is not	5320
limited to, the cost of repairing or replacing the stolen	5321
property, or the cost of repairing the stolen property and any	5322
loss of revenue resulting from deprivation of the property due to	5323
theft of rental services that is less than or equal to the actual	5324
value of the property at the time it was rented. Evidence of	5325
intent to commit theft of rented property or rental services shall	5326
be determined pursuant to the provisions of section 2913.72 of the	5327
Revised Code.	5328

(C) The sentencing court that suspends an offender's license,	5329
permit, or nonresident operating privilege under division (B)(9)	5330
of this section may grant the offender limited driving privileges	5331
during the period of the suspension in accordance with Chapter	5332
4510. of the Revised Code.	5333

Sec. 2913.03. (A) No person shall knowingly use or operate	5334
an aircraft, motor vehicle, motorcycle, motorboat, or other	5335
motor-propelled vehicle without the consent of the owner or person	5336
authorized to give consent.	5337

(B) No person shall knowingly use or operate an aircraft,	5338
motor vehicle, motorboat, or other motor-propelled vehicle without	5339
the consent of the owner or person authorized to give consent, and	5340
either remove it from this state or keep possession of it for more	5341
than forty-eight hours.	5342

(C) The following are affirmative defenses to a charge under	5343
this section:	5344

(1) At the time of the alleged offense, the actor, though	5345
mistaken, reasonably believed that the actor was authorized to use	5346
or operate the property.	5347

(2) At the time of the alleged offense, the actor reasonably	5348
believed that the owner or person empowered to give consent would	5349
authorize the actor to use or operate the property.	5350

(D)(1) Whoever violates this section is guilty of	5351
unauthorized use of a vehicle.	5352

(2) Except as otherwise provided in division (D)(4) of this	5353
section, a violation of division (A) of this section is a	5354
misdemeanor of the first degree.	5355

(3) Except as otherwise provided in division (D)(4) of this	5356
section, a violation of division (B) of this section is a felony	5357
of the fifth degree.	5358

(4) If the victim of the offense is an elderly person or	5359
disabled adult and if the victim incurs a loss as a result of the	5360
violation, a violation of division (A) or (B) of this section is	5361
whichever of the following is applicable:	5362

(a) Except as otherwise provided in division (D)(4)(b), (c),	5363
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	5364

(b) If the loss to the victim is ~~five hundred~~one thousand	5365
dollars or more and is less than ~~five~~seven thousand five hundred	5366
dollars, a felony of the fourth degree;	5367

(c) If the loss to the victim is ~~five~~seven thousand five	5368
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	5369
thousand five hundred dollars, a felony of the third degree;	5370

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	5371
thousand five hundred dollars or more, a felony of the second	5372
degree.	5373

Sec. 2913.04. (A) No person shall knowingly use or operate	5374
the property of another without the consent of the owner or person	5375
authorized to give consent.	5376

(B) No person, in any manner and by any means, including, but	5377
not limited to, computer hacking, shall knowingly gain access to,	5378
attempt to gain access to, or cause access to be gained to any	5379
computer, computer system, computer network, cable service, cable	5380
system, telecommunications device, telecommunications service, or	5381
information service without the consent of, or beyond the scope of	5382
the express or implied consent of, the owner of the computer,	5383
computer system, computer network, cable service, cable system,	5384
telecommunications device, telecommunications service, or	5385
information service or other person authorized to give consent.	5386

(C) No person shall knowingly gain access to, attempt to gain	5387
access to, cause access to be granted to, or disseminate	5388
information gained from access to the law enforcement automated	5389
database system created pursuant to section 5503.10 of the Revised	5390
Code without the consent of, or beyond the scope of the express or	5391
implied consent of, the chair of the law enforcement automated	5392
data system steering committee.	5393

(D) No person shall knowingly gain access to, attempt to gain	5394
access to, cause access to be granted to, or disseminate	5395
information gained from access to the Ohio law enforcement gateway	5396
established and operated pursuant to division (C)(1) of section	5397
109.57 of the Revised Code without the consent of, or beyond the	5398
scope of the express or implied consent of, the superintendent of	5399
the bureau of criminal identification and investigation.	5400

(E) The affirmative defenses contained in division (C) of	5401
section 2913.03 of the Revised Code are affirmative defenses to a	5402
charge under this section.	5403

(F)(1) Whoever violates division (A) of this section is	5404
guilty of unauthorized use of property.	5405

(2) Except as otherwise provided in division (F)(3) or (4) of	5406
this section, unauthorized use of property is a misdemeanor of the	5407
fourth degree.	5408

(3) Except as otherwise provided in division (F)(4) of this	5409
section, if unauthorized use of property is committed for the	5410
purpose of devising or executing a scheme to defraud or to obtain	5411
property or services, unauthorized use of property is whichever of	5412
the following is applicable:	5413

(a) Except as otherwise provided in division (F)(3)(b), (c),	5414
or (d) of this section, a misdemeanor of the first degree.	5415

(b) If the value of the property or services or the loss to	5416
the victim is ~~five hundred~~one thousand dollars or more and is	5417
less than ~~five~~seven thousand five hundred dollars, a felony of	5418
the fifth degree.	5419

(c) If the value of the property or services or the loss to	5420
the victim is ~~five~~seven thousand five hundred dollars or more and	5421
is less than one hundred fifty thousand dollars, a felony of the	5422
fourth degree.	5423

(d) If the value of the property or services or the loss to	5424
the victim is one hundred fifty thousand dollars or more, a felony	5425
of the third degree.	5426

(4) If the victim of the offense is an elderly person or	5427
disabled adult, unauthorized use of property is whichever of the	5428
following is applicable:	5429

(a) Except as otherwise provided in division (F)(4)(b), (c),	5430
or (d) of this section, a felony of the fifth degree;	5431

(b) If the value of the property or services or loss to the	5432
victim is ~~five hundred~~one thousand dollars or more and is less	5433
than ~~five~~seven thousand five hundred dollars, a felony of the	5434
fourth degree;	5435

(c) If the value of the property or services or loss to the	5436
victim is ~~five~~seven thousand five hundred dollars or more and is	5437
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	5438
a felony of the third degree;	5439

(d) If the value of the property or services or loss to the	5440
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	5441
or more, a felony of the second degree.	5442

(G)(1) Whoever violates division (B) of this section is	5443
guilty of unauthorized use of computer, cable, or	5444
telecommunication property, and shall be punished as provided in	5445
division (G)(2), (3), or (4) of this section.	5446

(2) Except as otherwise provided in division (G)(3) or (4) of	5447
this section, unauthorized use of computer, cable, or	5448
telecommunication property is a felony of the fifth degree.	5449

(3) Except as otherwise provided in division (G)(4) of this	5450
section, if unauthorized use of computer, cable, or	5451
telecommunication property is committed for the purpose of	5452
devising or executing a scheme to defraud or to obtain property or	5453
services, for obtaining money, property, or services by false or	5454
fraudulent pretenses, or for committing any other criminal	5455
offense, unauthorized use of computer, cable, or telecommunication	5456
property is whichever of the following is applicable:	5457

(a) Except as otherwise provided in division (G)(3)(b) of	5458
this section, if the value of the property or services involved or	5459
the loss to the victim is ~~five~~seven thousand five hundred dollars	5460
or more and less than one hundred fifty thousand dollars, a felony	5461
of the fourth degree;	5462

(b) If the value of the property or services involved or the	5463
loss to the victim is one hundred fifty thousand dollars or more,	5464
a felony of the third degree.	5465

(4) If the victim of the offense is an elderly person or	5466
disabled adult, unauthorized use of computer, cable, or	5467
telecommunication property is whichever of the following is	5468
applicable:	5469

(a) Except as otherwise provided in division (G)(4)(b), (c),	5470
or (d) of this section, a felony of the fifth degree;	5471

(b) If the value of the property or services or loss to the	5472
victim is ~~five hundred~~one thousand dollars or more and is less	5473
than ~~five~~seven thousand five hundred dollars, a felony of the	5474
fourth degree;	5475

(c) If the value of the property or services or loss to the	5476
victim is ~~five~~seven thousand five hundred dollars or more and is	5477
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	5478
a felony of the third degree;	5479

(d) If the value of the property or services or loss to the	5480
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	5481
or more, a felony of the second degree.	5482

(H) Whoever violates division (C) of this section is guilty	5483
of unauthorized use of the law enforcement automated database	5484
system, a felony of the fifth degree.	5485

(I) Whoever violates division (D) of this section is guilty	5486
of unauthorized use of the Ohio law enforcement gateway, a felony	5487
of the fifth degree.	5488

(J) As used in this section:

5489

(1) "Cable operator" means any person or group of persons	5490
that does either of the following:	5491

(a) Provides cable service over a cable system and directly	5492
or through one or more affiliates owns a significant interest in	5493
that cable system;	5494

(b) Otherwise controls or is responsible for, through any	5495
arrangement, the management and operation of a cable system.	5496

(2) "Cable service" means any of the following:

5497

(a) The one-way transmission to subscribers of video	5498
programming or of information that a cable operator makes	5499
available to all subscribers generally;	5500

(b) Subscriber interaction, if any, that is required for the	5501
selection or use of video programming or of information that a	5502
cable operator makes available to all subscribers generally, both	5503
as described in division (J)(2)(a) of this section;	5504

5505

(3) "Cable system" means any facility, consisting of a set of	5506
closed transmission paths and associated signal generation,	5507
reception, and control equipment that is designed to provide cable	5508
service that includes video programming and that is provided to	5509
multiple subscribers within a community. "Cable system" does not	5510
include any of the following:	5511

(a) Any facility that serves only to retransmit the	5512
television signals of one or more television broadcast stations;	5513

(b) Any facility that serves subscribers without using any	5514
public right-of-way;	5515

(c) Any facility of a common carrier that, under 47 U.S.C.A.	5516
522(7)(c), is excluded from the term "cable system" as defined in	5517
47 U.S.C.A. 522(7);	5518

(d) Any open video system that complies with 47 U.S.C.A. 573;

5519

(e) Any facility of any electric utility used solely for	5520
operating its electric utility system.	5521

Sec. 2913.11. (A) As used in this section:

5522

(1) "Check" includes any form of debit from a demand deposit	5523
account, including, but not limited to any of the following:	5524

(a) A check, bill of exchange, draft, order of withdrawal, or	5525
similar negotiable or non-negotiable instrument;	5526

(b) An electronic check, electronic transaction, debit card	5527
transaction, check card transaction, substitute check, web check,	5528
or any form of automated clearing house transaction.	5529

(2) "Issue a check" means causing any form of debit from a	5530
demand deposit account.	5531

(B) No person, with purpose to defraud, shall issue or	5532
transfer or cause to be issued or transferred a check or other	5533
negotiable instrument, knowing that it will be dishonored or	5534
knowing that a person has ordered or will order stop payment on	5535
the check or other negotiable instrument.	5536

(C) For purposes of this section, a person who issues or	5537
transfers a check or other negotiable instrument is presumed to	5538
know that it will be dishonored if either of the following occurs:	5539

(1) The drawer had no account with the drawee at the time of	5540
issue or the stated date, whichever is later;	5541

(2) The check or other negotiable instrument was properly	5542
refused payment for insufficient funds upon presentment within	5543
thirty days after issue or the stated date, whichever is later,	5544
and the liability of the drawer, indorser, or any party who may be	5545
liable thereon is not discharged by payment or satisfaction within	5546
ten days after receiving notice of dishonor.	5547

(D) For purposes of this section, a person who issues or	5548
transfers a check, bill of exchange, or other draft is presumed to	5549
have the purpose to defraud if the drawer fails to comply with	5550
section 1349.16 of the Revised Code by doing any of the following	5551
when opening a checking account intended for personal, family, or	5552
household purposes at a financial institution:	5553

(1) Falsely stating that the drawer has not been issued a	5554
valid driver's or commercial driver's license or identification	5555
card issued under section 4507.50 of the Revised Code;	5556

(2) Furnishing such license or card, or another	5557
identification document that contains false information;	5558

(3) Making a false statement with respect to the drawer's	5559
current address or any additional relevant information reasonably	5560
required by the financial institution.	5561

(E) In determining the value of the payment for purposes of	5562
division (F) of this section, the court may aggregate all checks	5563
and other negotiable instruments that the offender issued or	5564
transferred or caused to be issued or transferred in violation of	5565
division (A) of this section within a period of one hundred eighty	5566
consecutive days.	5567

(F) Whoever violates this section is guilty of passing bad	5568
checks. Except as otherwise provided in this division, passing bad	5569
checks is a misdemeanor of the first degree. If the check or	5570
checks or other negotiable instrument or instruments are issued or	5571
transferred to a single vendor or single other person for the	5572
payment of ~~five hundred~~one thousand dollars or more but less than	5573
~~five~~seven thousand five hundred dollars or if the check or checks	5574
or other negotiable instrument or instruments are issued or	5575
transferred to multiple vendors or persons for the payment of one	5576
thousand five hundred dollars or more but less than ~~five~~seven	5577
thousand five hundred dollars, passing bad checks is a felony of	5578
the fifth degree. If the check or checks or other negotiable	5579
instrument or instruments are for the payment of ~~five~~seven	5580
thousand five hundred dollars or more but less than one hundred	5581
fifty thousand dollars, passing bad checks is a felony of the	5582
fourth degree. If the check or checks or other negotiable	5583
instrument or instruments are for the payment of one hundred	5584
fifty thousand dollars or more, passing bad checks is a felony of	5585
the third degree.	5586

Sec. 2913.21. (A) No person shall do any of the following:

5587

(1) Practice deception for the purpose of procuring the	5588
issuance of a credit card, when a credit card is issued in actual	5589
reliance thereon;	5590

(2) Knowingly buy or sell a credit card from or to a person	5591
other than the issuer.	5592

(B) No person, with purpose to defraud, shall do any of the	5593
following:	5594

(1) Obtain control over a credit card as security for a debt;

5595

(2) Obtain property or services by the use of a credit card,	5596
in one or more transactions, knowing or having reasonable cause to	5597
believe that the card has expired or been revoked, or was	5598
obtained, is retained, or is being used in violation of law;	5599

(3) Furnish property or services upon presentation of a	5600
credit card, knowing that the card is being used in violation of	5601
law;	5602

(4) Represent or cause to be represented to the issuer of a	5603
credit card that property or services have been furnished, knowing	5604
that the representation is false.	5605

(C) No person, with purpose to violate this section, shall	5606
receive, possess, control, or dispose of a credit card.	5607

(D)(1) Whoever violates this section is guilty of misuse of	5608
credit cards.	5609

(2) Except as otherwise provided in division (D)(4) of this	5610
section, a violation of division (A), (B)(1), or (C) of this	5611
section is a misdemeanor of the first degree.	5612

(3) Except as otherwise provided in this division or division	5613
(D)(4) of this section, a violation of division (B)(2), (3), or	5614
(4) of this section is a misdemeanor of the first degree. If the	5615
cumulative retail value of the property and services involved in	5616
one or more violations of division (B)(2), (3), or (4) of this	5617
section, which violations involve one or more credit card accounts	5618
and occur within a period of ninety consecutive days commencing on	5619
the date of the first violation, is ~~five hundred~~one thousand	5620
dollars or more and is less than ~~five~~seven thousand five hundred	5621
dollars, misuse of credit cards in violation of any of those	5622
divisions is a felony of the fifth degree. If the cumulative	5623
retail value of the property and services involved in one or more	5624
violations of division (B)(2), (3), or (4) of this section, which	5625
violations involve one or more credit card accounts and occur	5626
within a period of ninety consecutive days commencing on the date	5627
of the first violation, is ~~five~~seven thousand five hundred	5628
dollars or more and is less than one hundred fifty thousand	5629
dollars, misuse of credit cards in violation of any of those	5630
divisions is a felony of the fourth degree. If the cumulative	5631
retail value of the property and services involved in one or more	5632
violations of division (B)(2), (3), or (4) of this section, which	5633
violations involve one or more credit card accounts and occur	5634
within a period of ninety consecutive days commencing on the date	5635
of the first violation, is one hundred fifty thousand dollars or	5636
more, misuse of credit cards in violation of any of those	5637
divisions is a felony of the third degree.	5638

(4) If the victim of the offense is an elderly person or	5639
disabled adult, and if the offense involves a violation of	5640
division (B)(1) or (2) of this section, division (D)(4) of this	5641
section applies. Except as otherwise provided in division (D)(4)	5642
of this section, a violation of division (B)(1) or (2) of this	5643
section is a felony of the fifth degree. If the debt for which the	5644
card is held as security or the cumulative retail value of the	5645
property or services involved in the violation is ~~five hundred~~	5646
one thousand dollars or more and is less than ~~five~~seven thousand	5647
five hundred dollars, a violation of either of those divisions is	5648
a felony of the fourth degree. If the debt for which the card is	5649
held as security or the cumulative retail value of the property or	5650
services involved in the violation is ~~five~~seven thousand five	5651
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	5652
thousand five hundred dollars, a violation of either of those	5653
divisions is a felony of the third degree. If the debt for which	5654
the card is held as security or the cumulative retail value of the	5655
property or services involved in the violation is ~~twenty-five~~	5656
thirty-seven thousand five hundred dollars or more, a violation of	5657
either of those divisions is a felony of the second degree.	5658

Sec. 2913.31. (A) No person, with purpose to defraud, or	5659
knowing that the person is facilitating a fraud, shall do any of	5660
the following:	5661

(1) Forge any writing of another without the other person's	5662
authority;	5663

(2) Forge any writing so that it purports to be genuine when	5664
it actually is spurious, or to be the act of another who did not	5665
authorize that act, or to have been executed at a time or place or	5666
with terms different from what in fact was the case, or to be a	5667
copy of an original when no such original existed;	5668

(3) Utter, or possess with purpose to utter, any writing that	5669
the person knows to have been forged.	5670

(B) No person shall knowingly do either of the following:

5671

(1) Forge an identification card;

5672

(2) Sell or otherwise distribute a card that purports to be	5673
an identification card, knowing it to have been forged.	5674

As used in this division, "identification card" means a card	5675
that includes personal information or characteristics of an	5676
individual, a purpose of which is to establish the identity of the	5677
bearer described on the card, whether the words "identity,"	5678
"identification," "identification card," or other similar words	5679
appear on the card.	5680

(C)(1)(a) Whoever violates division (A) of this section is	5681
guilty of forgery.	5682

(b) Except as otherwise provided in this division or division	5683
(C)(1)(c) of this section, forgery is a felony of the fifth	5684
degree. If property or services are involved in the offense or the	5685
victim suffers a loss, forgery is one of the following:	5686

(i) If the value of the property or services or the loss to	5687
the victim is ~~five~~seven thousand five hundred dollars or more and	5688
is less than one hundred fifty thousand dollars, a felony of the	5689
fourth degree;	5690

(ii) If the value of the property or services or the loss to	5691
the victim is one hundred fifty thousand dollars or more, a felony	5692
of the third degree.	5693

(c) If the victim of the offense is an elderly person or	5694
disabled adult, division (C)(1)(c) of this section applies to the	5695
forgery. Except as otherwise provided in division (C)(1)(c) of	5696
this section, forgery is a felony of the fifth degree. If property	5697
or services are involved in the offense or if the victim suffers a	5698
loss, forgery is one of the following:	5699

(i) If the value of the property or services or the loss to	5700
the victim is ~~five hundred~~one thousand dollars or more and is	5701
less than ~~five~~seven thousand five hundred dollars, a felony of	5702
the fourth degree;	5703

(ii) If the value of the property or services or the loss to	5704
the victim is ~~five~~seven thousand five hundred dollars or more and	5705
is less than ~~twenty-five~~thirty-seven thousand five hundred	5706
dollars, a felony of the third degree;	5707

(iii) If the value of the property or services or the loss to	5708
the victim is ~~twenty-five~~thirty-seven thousand five hundred	5709
dollars or more, a felony of the second degree.	5710

(2) Whoever violates division (B) of this section is guilty	5711
of forging identification cards or selling or distributing forged	5712
identification cards. Except as otherwise provided in this	5713
division, forging identification cards or selling or distributing	5714
forged identification cards is a misdemeanor of the first degree.	5715
If the offender previously has been convicted of a violation of	5716
division (B) of this section, forging identification cards or	5717
selling or distributing forged identification cards is a	5718
misdemeanor of the first degree and, in addition, the court shall	5719
impose upon the offender a fine of not less than two hundred fifty	5720
dollars.	5721

Sec. 2913.32. (A) No person, with purpose to defraud, or	5722
knowing that the person is facilitating a fraud, shall do any of	5723
the following:	5724

(1) Make or alter any object so that it appears to have value	5725
because of antiquity, rarity, curiosity, source, or authorship,	5726
which it does not in fact possess;	5727

(2) Practice deception in making, retouching, editing, or	5728
reproducing any photograph, movie film, video tape, phonograph	5729
record, or recording tape;	5730

(3) Falsely or fraudulently make, simulate, forge, alter, or	5731
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	5732
the liquor control commission under Chapters 4301. and 4303. of	5733
the Revised Code, falsely or fraudulently cause to be made,	5734
simulated, forged, altered, or counterfeited any wrapper, label,	5735
stamp, cork, or cap prescribed by the liquor control commission	5736
under Chapters 4301. and 4303. of the Revised Code, or use more	5737
than once any wrapper, label, stamp, cork, or cap prescribed by	5738
the liquor control commission under Chapters 4301. and 4303. of	5739
the Revised Code.	5740

(4) Utter, or possess with purpose to utter, any object that	5741
the person knows to have been simulated as provided in division	5742
(A)(1), (2), or (3) of this section.	5743

(B) Whoever violates this section is guilty of criminal	5744
simulation. Except as otherwise provided in this division,	5745
criminal simulation is a misdemeanor of the first degree. If the	5746
loss to the victim is ~~five hundred~~one thousand dollars or more	5747
and is less than ~~five~~seven thousand five hundred dollars,	5748
criminal simulation is a felony of the fifth degree. If the loss	5749
to the victim is ~~five~~seven thousand five hundred dollars or more	5750
and is less than one hundred fifty thousand dollars, criminal	5751
simulation is a felony of the fourth degree. If the loss to the	5752
victim is one hundred fifty thousand dollars or more, criminal	5753
simulation is a felony of the third degree.	5754

Sec. 2913.34. (A) No person shall knowingly do any of the	5755
following:	5756

(1) Attach, affix, or otherwise use a counterfeit mark in	5757
connection with the manufacture of goods or services, whether or	5758
not the goods or services are intended for sale or resale;	5759

(2) Possess, sell, or offer for sale tools, machines,	5760
instruments, materials, articles, or other items of personal	5761
property with the knowledge that they are designed for the	5762
production or reproduction of counterfeit marks;	5763

(3) Purchase or otherwise acquire goods, and keep or	5764
otherwise have the goods in the person's possession, with the	5765
knowledge that a counterfeit mark is attached to, affixed to, or	5766
otherwise used in connection with the goods and with the intent to	5767
sell or otherwise dispose of the goods;	5768

(4) Sell, offer for sale, or otherwise dispose of goods with	5769
the knowledge that a counterfeit mark is attached to, affixed to,	5770
or otherwise used in connection with the goods;	5771

(5) Sell, offer for sale, or otherwise provide services with	5772
the knowledge that a counterfeit mark is used in connection with	5773
that sale, offer for sale, or other provision of the services.	5774

(B)(1) Whoever violates this section is guilty of trademark	5775
counterfeiting.	5776

(2) Except as otherwise provided in this division, a	5777
violation of division (A)(1) of this section is a felony of the	5778
fifth degree. Except as otherwise provided in this division, if	5779
the cumulative sales price of the goods or services to which or in	5780
connection with which the counterfeit mark is attached, affixed,	5781
or otherwise used in the offense is five thousand dollars or more	5782
but less than one hundred thousand dollars or if the number of	5783
units of goods to which or in connection with which the	5784
counterfeit mark is attached, affixed, or otherwise used in the	5785
offense is more than one hundred units but less than one thousand	5786
units, a violation of division (A)(1) of this section is a felony	5787
of the fourth degree. If the cumulative sales price of the goods	5788
or services to which or in connection with which the counterfeit	5789
mark is attached, affixed, or otherwise used in the offense is one	5790
hundred thousand dollars or more or if the number of units of	5791
goods to which or in connection with which the counterfeit mark is	5792
attached, affixed, or otherwise used in the offense is one	5793
thousand units or more, a violation of division (A)(1) of this	5794
section is a felony of the third degree.	5795

(3) Except as otherwise provided in this division, a	5796
violation of division (A)(2) of this section is a misdemeanor of	5797
the first degree. If the circumstances of the violation indicate	5798
that the tools, machines, instruments, materials, articles, or	5799
other items of personal property involved in the violation were	5800
intended for use in the commission of a felony, a violation of	5801
division (A)(2) of this section is a felony of the fifth degree.	5802

(4) Except as otherwise provided in this division, a	5803
violation of division (A)(3), (4), or (5) of this section is a	5804
misdemeanor of the first degree. Except as otherwise provided in	5805
this division, if the cumulative sales price of the goods or	5806
services to which or in connection with which the counterfeit mark	5807
is attached, affixed, or otherwise used in the offense is ~~five~~	5808
~~hundred~~one thousand dollars or more but less than ~~five~~seven	5809
thousand five hundred dollars, a violation of division (A)(3),	5810
(4), or (5) of this section is a felony of the fifth degree.	5811
Except as otherwise provided in this division, if the cumulative	5812
sales price of the goods or services to which or in connection	5813
with which the counterfeit mark is attached, affixed, or otherwise	5814
used in the offense is ~~five~~seven thousand five hundred dollars	5815
or more but less than one hundred fifty thousand dollars or if the	5816
number of units of goods to which or in connection with which the	5817
counterfeit mark is attached, affixed, or otherwise used in the	5818
offense is more than one hundred units but less than one thousand	5819
units, a violation of division (A)(3), (4), or (5) of this section	5820
is a felony of the fourth degree. If the cumulative sales price of	5821
the goods or services to which or in connection with which the	5822
counterfeit mark is attached, affixed, or otherwise used in the	5823
offense is one hundred fifty thousand dollars or more or if the	5824
number of units of goods to which or in connection with which the	5825
counterfeit mark is attached, affixed, or otherwise used in the	5826
offense is one thousand units or more, a violation of division	5827
(A)(3), (4), or (5) of this section is a felony of the third	5828
degree.	5829

(C) A defendant may assert as an affirmative defense to a	5830
charge of a violation of this section defenses, affirmative	5831
defenses, and limitations on remedies that would be available in a	5832
civil, criminal, or administrative action or proceeding under the	5833
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	5834
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	5835
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	5836
of the Revised Code, or common law.	5837

(D)(1) Law enforcement officers may seize pursuant to	5838
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	5839
either of the following:	5840

(a) Goods to which or in connection with which a person	5841
attached, affixed, otherwise used, or intended to attach, affix,	5842
or otherwise use a counterfeit mark in violation of this section;	5843

(b) Tools, machines, instruments, materials, articles,	5844
vehicles, or other items of personal property that are possessed,	5845
sold, offered for sale, or used in a violation of this section or	5846
in an attempt to commit or complicity in the commission of a	5847
violation of this section.	5848

(2) Notwithstanding any contrary provision of Chapter 2981.	5849
of the Revised Code, if a person is convicted of or pleads guilty	5850
to a violation of this section, an attempt to violate this	5851
section, or complicity in a violation of this section, the court	5852
involved shall declare that the goods described in division	5853
(D)(1)(a) of this section and the personal property described in	5854
division (D)(1)(b) of this section are contraband and are	5855
forfeited. Prior to the court's entry of judgment under Criminal	5856
Rule 32, the owner of a registered trademark or service mark that	5857
is the subject of the counterfeit mark may recommend a manner in	5858
which the forfeited goods and forfeited personal property should	5859
be disposed of. If that owner makes a timely recommendation of a	5860
manner of disposition, the court is not bound by the	5861
recommendation. If that owner makes a timely recommendation of a	5862
manner of disposition, the court may include in its entry of	5863
judgment an order that requires appropriate persons to dispose of	5864
the forfeited goods and forfeited personal property in the	5865
recommended manner. If that owner fails to make a timely	5866
recommendation of a manner of disposition or if that owner makes a	5867
timely recommendation of the manner of disposition but the court	5868
determines to not follow the recommendation, the court shall	5869
include in its entry of judgment an order that requires the law	5870
enforcement agency that employs the law enforcement officer who	5871
seized the forfeited goods or the forfeited personal property to	5872
destroy them or cause their destruction.	5873

(E) This section does not affect the rights of an owner of a	5874
trademark or a service mark, or the enforcement in a civil action	5875
or in administrative proceedings of the rights of an owner of a	5876
trademark or a service mark, under the "Lanham Act," 60 Stat.	5877
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	5878
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	5879
amended, Chapter 1329. or another section of the Revised Code, or	5880
common law.	5881

(F) As used in this section:

5882

(1)(a) Except as provided in division (F)(1)(b) of this	5883
section, "counterfeit mark" means a spurious trademark or a	5884
spurious service mark that satisfies both of the following:	5885

(i) It is identical with or substantially indistinguishable	5886
from a mark that is registered on the principal register in the	5887
United States patent and trademark office for the same goods or	5888
services as the goods or services to which or in connection with	5889
which the spurious trademark or spurious service mark is attached,	5890
affixed, or otherwise used or from a mark that is registered with	5891
the secretary of state pursuant to sections 1329.54 to 1329.67 of	5892
the Revised Code for the same goods or services as the goods or	5893
services to which or in connection with which the spurious	5894
trademark or spurious service mark is attached, affixed, or	5895
otherwise used, and the owner of the registration uses the	5896
registered mark, whether or not the offender knows that the mark	5897
is registered in a manner described in division (F)(1)(a)(i) of	5898
this section.	5899

(ii) Its use is likely to cause confusion or mistake or to	5900
deceive other persons.	5901

(b) "Counterfeit mark" does not include a mark or other	5902
designation that is attached to, affixed to, or otherwise used in	5903
connection with goods or services if the holder of the right to	5904
use the mark or other designation authorizes the manufacturer,	5905
producer, or vendor of those goods or services to attach, affix,	5906
or otherwise use the mark or other designation in connection with	5907
those goods or services at the time of their manufacture,	5908
production, or sale.	5909

(2) "Cumulative sales price" means the product of the lowest	5910
single unit sales price charged or sought to be charged by an	5911
offender for goods to which or in connection with which a	5912
counterfeit mark is attached, affixed, or otherwise used or of the	5913
lowest single service transaction price charged or sought to be	5914
charged by an offender for services in connection with which a	5915
counterfeit mark is used, multiplied by the total number of those	5916
goods or services, whether or not units of goods are sold or are	5917
in an offender's possession, custody, or control.	5918

(3) "Registered trademark or service mark" means a trademark	5919
or service mark that is registered in a manner described in	5920
division (F)(1) of this section.	5921

(4) "Trademark" and "service mark" have the same meanings as	5922
in section 1329.54 of the Revised Code.	5923

Sec. 2913.40. (A) As used in this section:

5924

(1) "Statement or representation" means any oral, written,	5925
electronic, electronic impulse, or magnetic communication that is	5926
used to identify an item of goods or a service for which	5927
reimbursement may be made under the medical assistance program or	5928
that states income and expense and is or may be used to determine	5929
a rate of reimbursement under the medical assistance program.	5930

(2) "Medical assistance program" means the program	5931
established by the department of job and family services to	5932
provide medical assistance under section 5111.01 of the Revised	5933
Code and the medicaid program of Title XIX of the "Social Security	5934
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	5935

(3) "Provider" means any person who has signed a provider	5936
agreement with the department of job and family services to	5937
provide goods or services pursuant to the medical assistance	5938
program or any person who has signed an agreement with a party to	5939
such a provider agreement under which the person agrees to provide	5940
goods or services that are reimbursable under the medical	5941
assistance program.	5942

(4) "Provider agreement" means an oral or written agreement	5943
between the department of job and family services and a person in	5944
which the person agrees to provide goods or services under the	5945
medical assistance program.	5946

(5) "Recipient" means any individual who receives goods or	5947
services from a provider under the medical assistance program.	5948

(6) "Records" means any medical, professional, financial, or	5949
business records relating to the treatment or care of any	5950
recipient, to goods or services provided to any recipient, or to	5951
rates paid for goods or services provided to any recipient and any	5952
records that are required by the rules of the director of job and	5953
family services to be kept for the medical assistance program.	5954

(B) No person shall knowingly make or cause to be made a	5955
false or misleading statement or representation for use in	5956
obtaining reimbursement from the medical assistance program.	5957

(C) No person, with purpose to commit fraud or knowing that	5958
the person is facilitating a fraud, shall do either of the	5959
following:	5960

(1) Contrary to the terms of the person's provider agreement,	5961
charge, solicit, accept, or receive for goods or services that the	5962
person provides under the medical assistance program any property,	5963
money, or other consideration in addition to the amount of	5964
reimbursement under the medical assistance program and the	5965
person's provider agreement for the goods or services and any	5966
cost-sharing expenses authorized by section 5111.0112 of the	5967
Revised Code or rules adopted pursuant to section 5111.01,	5968
5111.011, or 5111.02 of the Revised Code.	5969

(2) Solicit, offer, or receive any remuneration, other than	5970
any cost-sharing expenses authorized by section 5111.0112 of the	5971
Revised Code or rules adopted under section 5111.01, 5111.011, or	5972
5111.02 of the Revised Code, in cash or in kind, including, but	5973
not limited to, a kickback or rebate, in connection with the	5974
furnishing of goods or services for which whole or partial	5975
reimbursement is or may be made under the medical assistance	5976
program.	5977

(D) No person, having submitted a claim for or provided goods	5978
or services under the medical assistance program, shall do either	5979
of the following for a period of at least six years after a	5980
reimbursement pursuant to that claim, or a reimbursement for those	5981
goods or services, is received under the medical assistance	5982
program:	5983

(1) Knowingly alter, falsify, destroy, conceal, or remove any	5984
records that are necessary to fully disclose the nature of all	5985
goods or services for which the claim was submitted, or for which	5986
reimbursement was received, by the person;	5987

(2) Knowingly alter, falsify, destroy, conceal, or remove any	5988
records that are necessary to disclose fully all income and	5989
expenditures upon which rates of reimbursements were based for the	5990
person.	5991

(E) Whoever violates this section is guilty of medicaid	5992
fraud. Except as otherwise provided in this division, medicaid	5993
fraud is a misdemeanor of the first degree. If the value of	5994
property, services, or funds obtained in violation of this section	5995
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	5996
seven thousand five hundred dollars, medicaid fraud is a felony of	5997
the fifth degree. If the value of property, services, or funds	5998
obtained in violation of this section is ~~five~~seven thousand five	5999
hundred dollars or more and is less than one hundred fifty	6000
thousand dollars, medicaid fraud is a felony of the fourth degree.	6001
If the value of the property, services, or funds obtained in	6002
violation of this section is one hundred fifty thousand dollars or	6003
more, medicaid fraud is a felony of the third degree.	6004

(F) Upon application of the governmental agency, office, or	6005
other entity that conducted the investigation and prosecution in a	6006
case under this section, the court shall order any person who is	6007
convicted of a violation of this section for receiving any	6008
reimbursement for furnishing goods or services under the medical	6009
assistance program to which the person is not entitled to pay to	6010
the applicant its cost of investigating and prosecuting the case.	6011
The costs of investigation and prosecution that a defendant is	6012
ordered to pay pursuant to this division shall be in addition to	6013
any other penalties for the receipt of that reimbursement that are	6014
provided in this section, section 5111.03 of the Revised Code, or	6015
any other provision of law.	6016

(G) The provisions of this section are not intended to be	6017
exclusive remedies and do not preclude the use of any other	6018
criminal or civil remedy for any act that is in violation of this	6019
section.	6020

Sec. 2913.401. (A) As used in this section:

6021

(1) "Medicaid benefits" means benefits under the medical	6022
assistance program established under Chapter 5111. of the Revised	6023
Code.	6024

(2) "Property" means any real or personal property or other	6025
asset in which a person has any legal title or interest.	6026

(B) No person shall knowingly do any of the following in an	6027
application for medicaid benefits or in a document that requires a	6028
disclosure of assets for the purpose of determining eligibility to	6029
receive medicaid benefits:	6030

(1) Make or cause to be made a false or misleading statement;

6031

(2) Conceal an interest in property;

6032

(3)(a) Except as provided in division (B)(3)(b) of this	6033
section, fail to disclose a transfer of property that occurred	6034
during the period beginning thirty-six months before submission of	6035
the application or document and ending on the date the application	6036
or document was submitted;	6037

(b) Fail to disclose a transfer of property that occurred	6038
during the period beginning sixty months before submission of the	6039
application or document and ending on the date the application or	6040
document was submitted and that was made to an irrevocable trust a	6041
portion of which is not distributable to the applicant for	6042
medicaid benefits or the recipient of medicaid benefits or to a	6043
revocable trust.	6044

(C)(1) Whoever violates this section is guilty of medicaid	6045
eligibility fraud. Except as otherwise provided in this division,	6046
a violation of this section is a misdemeanor of the first degree.	6047
If the value of the medicaid benefits paid as a result of the	6048
violation is ~~five hundred~~one thousand dollars or more and is less	6049
than ~~five~~seven thousand five hundred dollars, a violation of	6050
this section is a felony of the fifth degree. If the value of the	6051
medicaid benefits paid as a result of the violation is ~~five~~seven	6052
thousand five hundred dollars or more and is less than one hundred	6053
fifty thousand dollars, a violation of this section is a felony of	6054
the fourth degree. If the value of the medicaid benefits paid as a	6055
result of the violation is one hundred fifty thousand dollars or	6056
more, a violation of this section is a felony of the third degree.	6057

(2) In addition to imposing a sentence under division (C)(1)	6058
of this section, the court shall order that a person who is guilty	6059
of medicaid eligibility fraud make restitution in the full amount	6060
of any medicaid benefits paid on behalf of an applicant for or	6061
recipient of medicaid benefits for which the applicant or	6062
recipient was not eligible, plus interest at the rate applicable	6063
to judgments on unreimbursed amounts from the date on which the	6064
benefits were paid to the date on which restitution is made.	6065

(3) The remedies and penalties provided in this section are	6066
not exclusive and do not preclude the use of any other criminal or	6067
civil remedy for any act that is in violation of this section.	6068

(D) This section does not apply to a person who fully	6069
disclosed in an application for medicaid benefits or in a document	6070
that requires a disclosure of assets for the purpose of	6071
determining eligibility to receive medicaid benefits all of the	6072
interests in property of the applicant for or recipient of	6073
medicaid benefits, all transfers of property by the applicant for	6074
or recipient of medicaid benefits, and the circumstances of all	6075
those transfers.	6076

(E) Any amounts of medicaid benefits recovered as restitution	6077
under this section and any interest on those amounts shall be	6078
credited to the general revenue fund, and any applicable federal	6079
share shall be returned to the appropriate agency or department of	6080
the United States.	6081

Sec. 2913.42. (A) No person, knowing the person has no	6082
privilege to do so, and with purpose to defraud or knowing that	6083
the person is facilitating a fraud, shall do any of the following:	6084

(1) Falsify, destroy, remove, conceal, alter, deface, or	6085
mutilate any writing, computer software, data, or record;	6086

(2) Utter any writing or record, knowing it to have been	6087
tampered with as provided in division (A)(1) of this section.	6088

(B)(1) Whoever violates this section is guilty of tampering	6089
with records.	6090

(2) Except as provided in division (B)(4) of this section, if	6091
the offense does not involve data or computer software, tampering	6092
with records is whichever of the following is applicable:	6093

(a) If division (B)(2)(b) of this section does not apply, a	6094
misdemeanor of the first degree;	6095

(b) If the writing or record is a will unrevoked at the time	6096
of the offense, a felony of the fifth degree.	6097

(3) Except as provided in division (B)(4) of this section, if	6098
the offense involves a violation of division (A) of this section	6099
involving data or computer software, tampering with records is	6100
whichever of the following is applicable:	6101

(a) Except as otherwise provided in division (B)(3)(b), (c),	6102
or (d) of this section, a misdemeanor of the first degree;	6103

(b) If the value of the data or computer software involved in	6104
the offense or the loss to the victim is ~~five hundred~~one thousand	6105
dollars or more and is less than ~~five~~seven thousand five hundred	6106
dollars, a felony of the fifth degree;	6107

(c) If the value of the data or computer software involved in	6108
the offense or the loss to the victim is ~~five~~seven thousand five	6109
hundred dollars or more and is less than one hundred fifty	6110
thousand dollars, a felony of the fourth degree;	6111

(d) If the value of the data or computer software involved in	6112
the offense or the loss to the victim is one hundred fifty	6113
thousand dollars or more or if the offense is committed for the	6114
purpose of devising or executing a scheme to defraud or to obtain	6115
property or services and the value of the property or services or	6116
the loss to the victim is ~~five~~seven thousand five hundred dollars	6117
or more, a felony of the third degree.	6118

(4) If the writing, data, computer software, or record is	6119
kept by or belongs to a local, state, or federal governmental	6120
entity, a felony of the third degree.	6121

Sec. 2913.421. (A) As used in this section:

6122

(1) "Computer," "computer network," and "computer system"	6123
have the same meanings as in section 2913.01 of the Revised Code.	6124

(2) "Commercial electronic mail message" means any electronic	6125
mail message the primary purpose of which is the commercial	6126
advertisement or promotion of a commercial product or service,	6127
including content on an internet web site operated for a	6128
commercial purpose, but does not include a transactional or	6129
relationship message. The inclusion of a reference to a commercial	6130
entity or a link to the web site of a commercial entity does not,	6131
by itself, cause that message to be treated as a commercial	6132
electronic mail message for the purpose of this section, if the	6133
contents or circumstances of the message indicate a primary	6134
purpose other than commercial advertisement or promotion of a	6135
commercial product or service.	6136

(3) "Domain name" means any alphanumeric designation that is	6137
registered with or assigned by any domain name registrar, domain	6138
name registry, or other domain name registration authority as part	6139
of an electronic address on the internet.	6140

(4) "Electronic mail," "originating address," and "receiving	6141
address" have the same meanings as in section 2307.64 of the	6142
Revised Code.	6143

(5) "Electronic mail message" means each electronic mail	6144
addressed to a discrete addressee.	6145

(6) "Electronic mail service provider" means any person,	6146
including an internet service provider, that is an intermediary in	6147
sending and receiving electronic mail and that provides to the	6148
public electronic mail accounts or online user accounts from which	6149
electronic mail may be sent.	6150

(7) "Header information" means the source, destination, and	6151
routing information attached to an electronic mail message,	6152
including the originating domain name, the originating address,	6153
and technical information that authenticates the sender of an	6154
electronic mail message for computer network security or computer	6155
network management purposes.	6156

(8) "Initiate the transmission" or "initiated" means to	6157
originate or transmit a commercial electronic mail message or to	6158
procure the origination or transmission of that message,	6159
regardless of whether the message reaches its intended recipients,	6160
but does not include actions that constitute routine conveyance of	6161
such message.	6162

(9) "Internet" has the same meaning as in section 341.42 of	6163
the Revised Code.	6164

(10) "Internet protocol address" means the string of numbers	6165
by which locations on the internet are identified by routers or	6166
other computers connected to the internet.	6167

(11) "Materially falsify" means to alter or conceal in a	6168
manner that would impair the ability of a recipient of an	6169
electronic mail message, an electronic mail service provider	6170
processing an electronic mail message on behalf of a recipient, a	6171
person alleging a violation of this section, or a law enforcement	6172
agency to identify, locate, or respond to the person that	6173
initiated the electronic mail message or to investigate an alleged	6174
violation of this section.	6175

(12) "Multiple" means more than ten commercial electronic	6176
mail messages during a twenty-four-hour period, more than one	6177
hundred commercial electronic mail messages during a thirty-day	6178
period, or more than one thousand commercial electronic mail	6179
messages during a one-year period.	6180

(13) "Recipient" means a person who receives a commercial	6181
electronic mail message at any one of the following receiving	6182
addresses:	6183

(a) A receiving address furnished by an electronic mail	6184
service provider that bills for furnishing and maintaining that	6185
receiving address to a mailing address within this state;	6186

(b) A receiving address ordinarily accessed from a computer	6187
located within this state or by a person domiciled within this	6188
state;	6189

(c) Any other receiving address with respect to which this	6190
section can be imposed consistent with the United States	6191
Constitution.	6192

(14) "Routine conveyance" means the transmission, routing,	6193
relaying, handling, or storing, through an automated technical	6194
process, of an electronic mail message for which another person	6195
has identified the recipients or provided the recipient addresses.	6196

(15) "Transactional or relationship message" means an	6197
electronic mail message the primary purpose of which is to do any	6198
of the following:	6199

(a) Facilitate, complete, or confirm a commercial transaction	6200
that the recipient has previously agreed to enter into with the	6201
sender;	6202

(b) Provide warranty information, product recall information,	6203
or safety or security information with respect to a commercial	6204
product or service used or purchased by the recipient;	6205

(c) Provide notification concerning a change in the terms or	6206
features of; a change in the recipient's standing or status with	6207
respect to; or, at regular periodic intervals, account balance	6208
information or other type of account statement with respect to, a	6209
subscription, membership, account, loan, or comparable ongoing	6210
commercial relationship involving the ongoing purchase or use by	6211
the recipient of products or services offered by the sender;	6212

(d) Provide information directly related to an employment	6213
relationship or related benefit plan in which the recipient is	6214
currently involved, participating, or enrolled;	6215

(e) Deliver goods or services, including product updates or	6216
upgrades, that the recipient is entitled to receive under the	6217
terms of a transaction that the recipient has previously agreed to	6218
enter into with the sender.	6219

(B) No person, with regard to commercial electronic mail	6220
messages sent from or to a computer in this state, shall do any of	6221
the following:	6222

(1) Knowingly use a computer to relay or retransmit multiple	6223
commercial electronic mail messages, with the intent to deceive or	6224
mislead recipients or any electronic mail service provider, as to	6225
the origin of those messages;	6226

(2) Knowingly and materially falsify header information in	6227
multiple commercial electronic mail messages and purposely	6228
initiate the transmission of those messages;	6229

(3) Knowingly register, using information that materially	6230
falsifies the identity of the actual registrant, for five or more	6231
electronic mail accounts or online user accounts or two or more	6232
domain names and purposely initiate the transmission of multiple	6233
commercial electronic mail messages from one, or any combination,	6234
of those accounts or domain names;	6235

(4) Knowingly falsely represent the right to use five or more	6236
internet protocol addresses, and purposely initiate the	6237
transmission of multiple commercial electronic mail messages from	6238
those addresses.	6239

(C)(1) Whoever violates division (B) of this section is	6240
guilty of illegally transmitting multiple commercial electronic	6241
mail messages. Except as otherwise provided in division (C)(2) or	6242
(E) of this section, illegally transmitting multiple commercial	6243
electronic mail messages is a felony of the fifth degree.	6244

(2) Illegally transmitting multiple commercial electronic	6245
mail messages is a felony of the fourth degree if any of the	6246
following apply:	6247

(a) Regarding a violation of division (B)(3) of this section,	6248
the offender, using information that materially falsifies the	6249
identity of the actual registrant, knowingly registers for twenty	6250
or more electronic mail accounts or online user accounts or ten or	6251
more domain names, and purposely initiates, or conspires to	6252
initiate, the transmission of multiple commercial electronic mail	6253
messages from the accounts or domain names.	6254

(b) Regarding any violation of division (B) of this section,	6255
the volume of commercial electronic mail messages the offender	6256
transmitted in committing the violation exceeds two hundred and	6257
fifty during any twenty-four-hour period, two thousand five	6258
hundred during any thirty-day period, or twenty-five thousand	6259
during any one-year period.	6260

(c) Regarding any violation of division (B) of this section,	6261
during any one-year period the aggregate loss to the victim or	6262
victims of the violation is ~~five hundred~~one thousand dollars or	6263
more, or during any one-year period the aggregate value of the	6264
property or services obtained by any offender as a result of the	6265
violation is ~~five hundred~~one thousand dollars or more.	6266

(d) Regarding any violation of division (B) of this section,	6267
the offender committed the violation with three or more other	6268
persons with respect to whom the offender was the organizer or	6269
leader of the activity that resulted in the violation.	6270

(e) Regarding any violation of division (B) of this section,	6271
the offender knowingly assisted in the violation through the	6272
provision or selection of electronic mail addresses to which the	6273
commercial electronic mail message was transmitted, if that	6274
offender knew that the electronic mail addresses of the recipients	6275
were obtained using an automated means from an internet web site	6276
or proprietary online service operated by another person, and that	6277
web site or online service included, at the time the electronic	6278
mail addresses were obtained, a notice stating that the operator	6279
of that web site or online service will not transfer addresses	6280
maintained by that web site or online service to any other party	6281
for the purposes of initiating the transmission of, or enabling	6282
others to initiate the transmission of, electronic mail messages.	6283

(f) Regarding any violation of division (B) of this section,	6284
the offender knowingly assisted in the violation through the	6285
provision or selection of electronic mail addresses of the	6286
recipients obtained using an automated means that generates	6287
possible electronic mail addresses by combining names, letters, or	6288
numbers into numerous permutations.	6289

(D)(1) No person, with regard to commercial electronic mail	6290
messages sent from or to a computer in this state, shall knowingly	6291
access a computer without authorization and purposely initiate the	6292
transmission of multiple commercial electronic mail messages from	6293
or through the computer.	6294

(2) Except as otherwise provided in division (E) of this	6295
section, whoever violates division (D)(1) of this section is	6296
guilty of unauthorized access of a computer, a felony of the	6297
fourth degree.	6298

(E) Illegally transmitting multiple commercial electronic	6299
mail messages and unauthorized access of a computer in violation	6300
of this section are felonies of the third degree if the offender	6301
previously has been convicted of a violation of this section, or a	6302
violation of a law of another state or the United States regarding	6303
the transmission of electronic mail messages or unauthorized	6304
access to a computer, or if the offender committed the violation	6305
of this section in the furtherance of a felony.	6306

(F)(1) The attorney general or an electronic mail service	6307
provider that is injured by a violation of this section may bring	6308
a civil action in an appropriate court of common pleas of this	6309
state seeking relief from any person whose conduct violated this	6310
section. The civil action may be commenced at any time within one	6311
year of the date after the act that is the basis of the civil	6312
action.	6313

(2) In a civil action brought by the attorney general	6314
pursuant to division (F)(1) of this section for a violation of	6315
this section, the court may award temporary, preliminary, or	6316
permanent injunctive relief. The court also may impose a civil	6317
penalty against the offender, as the court considers just, in an	6318
amount that is the lesser of: (a) twenty-five thousand dollars for	6319
each day a violation occurs, or (b) not less than two dollars but	6320
not more than eight dollars for each commercial electronic mail	6321
message initiated in violation of this section.	6322

(3) In a civil action brought by an electronic mail service	6323
provider pursuant to division (F)(1) of this section for a	6324
violation of this section, the court may award temporary,	6325
preliminary, or permanent injunctive relief, and also may award	6326
damages in an amount equal to the greater of the following:	6327

(a) The sum of the actual damages incurred by the electronic	6328
mail service provider as a result of a violation of this section,	6329
plus any receipts of the offender that are attributable to a	6330
violation of this section and that were not taken into account in	6331
computing actual damages;	6332

(b) Statutory damages, as the court considers just, in an	6333
amount that is the lesser of: (i) twenty-five thousand dollars for	6334
each day a violation occurs, or (ii) not less than two dollars but	6335
not more than eight dollars for each commercial electronic mail	6336
message initiated in violation of this section.	6337

(4) In assessing damages awarded under division (F)(3) of	6338
this section, the court may consider whether the offender has	6339
established and implemented, with due care, commercially	6340
reasonable practices and procedures designed to effectively	6341
prevent the violation, or the violation occurred despite	6342
commercially reasonable efforts to maintain the practices and	6343
procedures established.	6344

(G) Any equipment, software, or other technology of a person	6345
who violates this section that is used or intended to be used in	6346
the commission of a violation of this section, and any real or	6347
personal property that constitutes or is traceable to the gross	6348
proceeds obtained from the commission of a violation of this	6349
section, is contraband and is subject to seizure and forfeiture	6350
pursuant to Chapter 2981. of the Revised Code.	6351

(H) The attorney general may bring a civil action, pursuant	6352
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	6353
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	6354
state in a district court of the United States that has	6355
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	6356
attorney general shall not bring a civil action under both this	6357
division and division (F) of this section. If a federal court	6358
dismisses a civil action brought under this division for reasons	6359
other than upon the merits, a civil action may be brought under	6360
division (F) of this section in the appropriate court of common	6361
pleas of this state.	6362

(I) Nothing in this section shall be construed:

6363

(1) To require an electronic mail service provider to block,	6364
transmit, route, relay, handle, or store certain types of	6365
electronic mail messages;	6366

(2) To prevent or limit, in any way, an electronic mail	6367
service provider from adopting a policy regarding electronic mail,	6368
including a policy of declining to transmit certain types of	6369
electronic mail messages, or from enforcing such policy through	6370
technical means, through contract, or pursuant to any remedy	6371
available under any other federal, state, or local criminal or	6372
civil law;	6373

(3) To render lawful any policy adopted under division (I)(2)	6374
of this section that is unlawful under any other law.	6375

Sec. 2913.43. (A) No person, by deception, shall cause	6376
another to execute any writing that disposes of or encumbers	6377
property, or by which a pecuniary obligation is incurred.	6378

(B)(1) Whoever violates this section is guilty of securing	6379
writings by deception.	6380

(2) Except as otherwise provided in this division or division	6381
(B)(3) of this section, securing writings by deception is a	6382
misdemeanor of the first degree. If the value of the property or	6383
the obligation involved is ~~five hundred~~one thousand dollars or	6384
more and less than ~~five~~seven thousand five hundred dollars,	6385
securing writings by deception is a felony of the fifth degree. If	6386
the value of the property or the obligation involved is ~~five~~	6387
seven thousand five hundred dollars or more and is less than one	6388
hundred fifty thousand dollars, securing writings by deception is	6389
a felony of the fourth degree. If the value of the property or the	6390
obligation involved is one hundred fifty thousand dollars or	6391
more, securing writings by deception is a felony of the third	6392
degree.	6393

(3) If the victim of the offense is an elderly person or	6394
disabled adult, division (B)(3) of this section applies. Except as	6395
otherwise provided in division (B)(3) of this section, securing	6396
writings by deception is a felony of the fifth degree. If the	6397
value of the property or obligation involved is ~~five hundred~~one	6398
thousand dollars or more and is less than ~~five~~seven thousand	6399
five hundred dollars, securing writings by deception is a felony	6400
of the fourth degree. If the value of the property or obligation	6401
involved is ~~five~~seven thousand five hundred dollars or more and	6402
is less than ~~twenty-five~~thirty-seven thousand five hundred	6403
dollars, securing writings by deception is a felony of the third	6404
degree. If the value of the property or obligation involved is	6405
~~twenty-five~~thirty-seven thousand five hundred dollars or more,	6406
securing writings by deception is a felony of the second degree.	6407

Sec. 2913.45. (A) No person, with purpose to defraud one or	6408
more of the person's creditors, shall do any of the following:	6409

(1) Remove, conceal, destroy, encumber, convey, or otherwise	6410
deal with any of the person's property;	6411

(2) Misrepresent or refuse to disclose to a fiduciary	6412
appointed to administer or manage the person's affairs or estate,	6413
the existence, amount, or location of any of the person's	6414
property, or any other information regarding such property that	6415
the person is legally required to furnish to the fiduciary.	6416

(B) Whoever violates this section is guilty of defrauding	6417
creditors. Except as otherwise provided in this division,	6418
defrauding creditors is a misdemeanor of the first degree. If the	6419
value of the property involved is ~~five hundred~~one thousand	6420
dollars or more and is less than ~~five~~seven thousand five hundred	6421
dollars, defrauding creditors is a felony of the fifth degree. If	6422
the value of the property involved is ~~five~~seven thousand five	6423
hundred dollars or more and is less than one hundred fifty	6424
thousand dollars, defrauding creditors is a felony of the fourth	6425
degree. If the value of the property involved is one hundred	6426
fifty thousand dollars or more, defrauding creditors is a felony	6427
of the third degree.	6428

Sec. 2913.46. (A)(1) As used in this section:

6429

(a) "Electronically transferred benefit" means the transfer	6430
of supplemental nutrition assistance program benefits or WIC	6431
program benefits through the use of an access device.	6432

(b) "WIC program benefits" includes money, coupons, delivery	6433
verification receipts, other documents, food, or other property	6434
received directly or indirectly pursuant to section 17 of the	6435
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	6436
amended.	6437

(c) "Access device" means any card, plate, code, account	6438
number, or other means of access that can be used, alone or in	6439
conjunction with another access device, to obtain payments,	6440
allotments, benefits, money, goods, or other things of value or	6441
that can be used to initiate a transfer of funds pursuant to	6442
section 5101.33 of the Revised Code and the Food and Nutrition Act	6443
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	6444
administered by any department of this state or any county or	6445
local agency pursuant to section 17 of the "Child Nutrition Act of	6446
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	6447
device" may include any electronic debit card or other means	6448
authorized by section 5101.33 of the Revised Code.	6449

(d) "Aggregate value of supplemental nutrition assistance	6450
program benefits, WIC program benefits, and electronically	6451
transferred benefits involved in the violation" means the total	6452
face value of any supplemental nutrition assistance program	6453
benefits, plus the total face value of WIC program coupons or	6454
delivery verification receipts, plus the total value of other WIC	6455
program benefits, plus the total value of any electronically	6456
transferred benefit or other access device, involved in the	6457
violation.	6458

(e) "Total value of any electronically transferred benefit or	6459
other access device" means the total value of the payments,	6460
allotments, benefits, money, goods, or other things of value that	6461
may be obtained, or the total value of funds that may be	6462
transferred, by use of any electronically transferred benefit or	6463
other access device at the time of violation.	6464

(2) If supplemental nutrition assistance program benefits,	6465
WIC program benefits, or electronically transferred benefits or	6466
other access devices of various values are used, transferred,	6467
bought, acquired, altered, purchased, possessed, presented for	6468
redemption, or transported in violation of this section over a	6469
period of twelve months, the course of conduct may be charged as	6470
one offense and the values of supplemental nutrition assistance	6471
program benefits, WIC program benefits, or any electronically	6472
transferred benefits or other access devices may be aggregated in	6473
determining the degree of the offense.	6474

(B) No individual shall knowingly possess, buy, sell, use,	6475
alter, accept, or transfer supplemental nutrition assistance	6476
program benefits, WIC program benefits, or any electronically	6477
transferred benefit in any manner not authorized by the Food and	6478
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	6479
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	6480
amended.	6481

(C) No organization, as defined in division (D) of section	6482
2901.23 of the Revised Code, shall do either of the following:	6483

(1) Knowingly allow an employee or agent to sell, transfer,	6484
or trade items or services, the purchase of which is prohibited by	6485
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	6486
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	6487
U.S.C. 1786, as amended, in exchange for supplemental nutrition	6488
assistance program benefits, WIC program benefits, or any	6489
electronically transferred benefit;	6490

(2) Negligently allow an employee or agent to sell, transfer,	6491
or exchange supplemental nutrition assistance program benefits,	6492
WIC program benefits, or any electronically transferred benefit	6493
for anything of value.	6494

(D) Whoever violates this section is guilty of illegal use of	6495
supplemental nutrition assistance program benefits or WIC program	6496
benefits. Except as otherwise provided in this division, illegal	6497
use of supplemental nutrition assistance program benefits or WIC	6498
program benefits is a felony of the fifth degree. If the aggregate	6499
value of the supplemental nutrition assistance program benefits,	6500
WIC program benefits, and electronically transferred benefits	6501
involved in the violation is ~~five hundred~~one thousand dollars or	6502
more and is less than ~~five~~seven thousand five hundred dollars,	6503
illegal use of supplemental nutrition assistance program benefits	6504
or WIC program benefits is a felony of the fourth degree. If the	6505
aggregate value of the supplemental nutrition assistance program	6506
benefits, WIC program benefits, and electronically transferred	6507
benefits involved in the violation is ~~five~~seven thousand five	6508
hundred dollars or more and is less than one hundred fifty	6509
thousand dollars, illegal use of supplemental nutrition assistance	6510
program benefits or WIC program benefits is a felony of the third	6511
degree. If the aggregate value of the supplemental nutrition	6512
assistance program benefits, WIC program benefits, and	6513
electronically transferred benefits involved in the violation is	6514
one hundred fifty thousand dollars or more, illegal use of	6515
supplemental nutrition assistance program benefits or WIC program	6516
benefits is a felony of the second degree.	6517

Sec. 2913.47. (A) As used in this section:

6518

(1) "Data" has the same meaning as in section 2913.01 of the	6519
Revised Code and additionally includes any other representation of	6520
information, knowledge, facts, concepts, or instructions that are	6521
being or have been prepared in a formalized manner.	6522

(2) "Deceptive" means that a statement, in whole or in part,	6523
would cause another to be deceived because it contains a	6524
misleading representation, withholds information, prevents the	6525
acquisition of information, or by any other conduct, act, or	6526
omission creates, confirms, or perpetuates a false impression,	6527
including, but not limited to, a false impression as to law,	6528
value, state of mind, or other objective or subjective fact.	6529

(3) "Insurer" means any person that is authorized to engage	6530
in the business of insurance in this state under Title XXXIX of	6531
the Revised Code, the Ohio fair plan underwriting association	6532
created under section 3929.43 of the Revised Code, any health	6533
insuring corporation, and any legal entity that is self-insured	6534
and provides benefits to its employees or members.	6535

(4) "Policy" means a policy, certificate, contract, or plan	6536
that is issued by an insurer.	6537

(5) "Statement" includes, but is not limited to, any notice,	6538
letter, or memorandum; proof of loss; bill of lading; receipt for	6539
payment; invoice, account, or other financial statement; estimate	6540
of property damage; bill for services; diagnosis or prognosis;	6541
prescription; hospital, medical, or dental chart or other record;	6542
x-ray, photograph, videotape, or movie film; test result; other	6543
evidence of loss, injury, or expense; computer-generated document;	6544
and data in any form.	6545

(B) No person, with purpose to defraud or knowing that the	6546
person is facilitating a fraud, shall do either of the following:	6547

(1) Present to, or cause to be presented to, an insurer any	6548
written or oral statement that is part of, or in support of, an	6549
application for insurance, a claim for payment pursuant to a	6550
policy, or a claim for any other benefit pursuant to a policy,	6551
knowing that the statement, or any part of the statement, is false	6552
or deceptive;	6553

(2) Assist, aid, abet, solicit, procure, or conspire with	6554
another to prepare or make any written or oral statement that is	6555
intended to be presented to an insurer as part of, or in support	6556
of, an application for insurance, a claim for payment pursuant to	6557
a policy, or a claim for any other benefit pursuant to a policy,	6558
knowing that the statement, or any part of the statement, is false	6559
or deceptive.	6560

(C) Whoever violates this section is guilty of insurance	6561
fraud. Except as otherwise provided in this division, insurance	6562
fraud is a misdemeanor of the first degree. If the amount of the	6563
claim that is false or deceptive is ~~five hundred~~one thousand	6564
dollars or more and is less than ~~five~~seven thousand five hundred	6565
dollars, insurance fraud is a felony of the fifth degree. If the	6566
amount of the claim that is false or deceptive is ~~five~~seven	6567
thousand five hundred dollars or more and is less than one hundred	6568
fifty thousand dollars, insurance fraud is a felony of the fourth	6569
degree. If the amount of the claim that is false or deceptive is	6570
one hundred fifty thousand dollars or more, insurance fraud is a	6571
felony of the third degree.	6572

(D) This section shall not be construed to abrogate, waive,	6573
or modify division (A) of section 2317.02 of the Revised Code.	6574

Sec. 2913.48. (A) No person, with purpose to defraud or	6575
knowing that the person is facilitating a fraud, shall do any of	6576
the following:	6577

(1) Receive workers' compensation benefits to which the	6578
person is not entitled;	6579

(2) Make or present or cause to be made or presented a false	6580
or misleading statement with the purpose to secure payment for	6581
goods or services rendered under Chapter 4121., 4123., 4127., or	6582
4131. of the Revised Code or to secure workers' compensation	6583
benefits;	6584

(3) Alter, falsify, destroy, conceal, or remove any record or	6585
document that is necessary to fully establish the validity of any	6586
claim filed with, or necessary to establish the nature and	6587
validity of all goods and services for which reimbursement or	6588
payment was received or is requested from, the bureau of workers'	6589
compensation, or a self-insuring employer under Chapter 4121.,	6590
4123., 4127., or 4131. of the Revised Code;	6591

(4) Enter into an agreement or conspiracy to defraud the	6592
bureau or a self-insuring employer by making or presenting or	6593
causing to be made or presented a false claim for workers'	6594
compensation benefits;	6595

(5) Make or present or cause to be made or presented a false	6596
statement concerning manual codes, classification of employees,	6597
payroll, paid compensation, or number of personnel, when	6598
information of that nature is necessary to determine the actual	6599
workers' compensation premium or assessment owed to the bureau by	6600
an employer;	6601

(6) Alter, forge, or create a workers' compensation	6602
certificate to falsely show current or correct workers'	6603
compensation coverage;	6604

(7) Fail to secure or maintain workers' compensation coverage	6605
as required by Chapter 4123. of the Revised Code with the intent	6606
to defraud the bureau of workers' compensation.	6607

(B) Whoever violates this section is guilty of workers'	6608
compensation fraud. Except as otherwise provided in this division,	6609
a violation of this section is a misdemeanor of the first degree.	6610
If the value of premiums and assessments unpaid pursuant to	6611
actions described in division (A)(5), (6), or (7) of this section,	6612
or of goods, services, property, or money stolen is ~~five hundred~~	6613
one thousand dollars or more and is less than ~~five~~seven thousand	6614
five hundred dollars, a violation of this section is a felony of	6615
the fifth degree. If the value of premiums and assessments unpaid	6616
pursuant to actions described in division (A)(5), (6), or (7) of	6617
this section, or of goods, services, property, or money stolen is	6618
~~five~~seven thousand five hundred dollars or more and is less than	6619
one hundred fifty thousand dollars, a violation of this section is	6620
a felony of the fourth degree. If the value of premiums and	6621
assessments unpaid pursuant to actions described in division	6622
(A)(5), (6), or (7) of this section, or of goods, services,	6623
property, or money stolen is one hundred fifty thousand dollars or	6624
more, a violation of this section is a felony of the third degree.	6625

(C) Upon application of the governmental body that conducted	6626
the investigation and prosecution of a violation of this section,	6627
the court shall order the person who is convicted of the violation	6628
to pay the governmental body its costs of investigating and	6629
prosecuting the case. These costs are in addition to any other	6630
costs or penalty provided in the Revised Code or any other section	6631
of law.	6632

(D) The remedies and penalties provided in this section are	6633
not exclusive remedies and penalties and do not preclude the use	6634
of any other criminal or civil remedy or penalty for any act that	6635
is in violation of this section.	6636

(E) As used in this section:

6637

(1) "False" means wholly or partially untrue or deceptive.

6638

(2) "Goods" includes, but is not limited to, medical	6639
supplies, appliances, rehabilitative equipment, and any other	6640
apparatus or furnishing provided or used in the care, treatment,	6641
or rehabilitation of a claimant for workers' compensation	6642
benefits.	6643

(3) "Services" includes, but is not limited to, any service	6644
provided by any health care provider to a claimant for workers'	6645
compensation benefits and any and all services provided by the	6646
bureau as part of workers' compensation insurance coverage.	6647

(4) "Claim" means any attempt to cause the bureau, an	6648
independent third party with whom the administrator or an employer	6649
contracts under section 4121.44 of the Revised Code, or a	6650
self-insuring employer to make payment or reimbursement for	6651
workers' compensation benefits.	6652

(5) "Employment" means participating in any trade,	6653
occupation, business, service, or profession for substantial	6654
gainful remuneration.	6655

(6) "Employer," "employee," and "self-insuring employer" have	6656
the same meanings as in section 4123.01 of the Revised Code.	6657

(7) "Remuneration" includes, but is not limited to, wages,	6658
commissions, rebates, and any other reward or consideration.	6659

(8) "Statement" includes, but is not limited to, any oral,	6660
written, electronic, electronic impulse, or magnetic communication	6661
notice, letter, memorandum, receipt for payment, invoice, account,	6662
financial statement, or bill for services; a diagnosis, prognosis,	6663
prescription, hospital, medical, or dental chart or other record;	6664
and a computer generated document.	6665

(9) "Records" means any medical, professional, financial, or	6666
business record relating to the treatment or care of any person,	6667
to goods or services provided to any person, or to rates paid for	6668
goods or services provided to any person, or any record that the	6669
administrator of workers' compensation requires pursuant to rule.	6670

(10) "Workers' compensation benefits" means any compensation	6671
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	6672
the Revised Code.	6673

Sec. 2913.49. (A) As used in this section, "personal	6674
identifying information" includes, but is not limited to, the	6675
following: the name, address, telephone number, driver's license,	6676
driver's license number, commercial driver's license, commercial	6677
driver's license number, state identification card, state	6678
identification card number, social security card, social security	6679
number, birth certificate, place of employment, employee	6680
identification number, mother's maiden name, demand deposit	6681
account number, savings account number, money market account	6682
number, mutual fund account number, other financial account	6683
number, personal identification number, password, or credit card	6684
number of a living or dead individual.	6685

(B) No person, without the express or implied consent of the	6686
other person, shall use, obtain, or possess any personal	6687
identifying information of another person with intent to do either	6688
of the following:	6689

(1) Hold the person out to be the other person;

6690

(2) Represent the other person's personal identifying	6691
information as the person's own personal identifying information.	6692

(C) No person shall create, obtain, possess, or use the	6693
personal identifying information of any person with the intent to	6694
aid or abet another person in violating division (B) of this	6695
section.	6696

(D) No person, with intent to defraud, shall permit another	6697
person to use the person's own personal identifying information.	6698

(E) No person who is permitted to use another person's	6699
personal identifying information as described in division (D) of	6700
this section shall use, obtain, or possess the other person's	6701
personal identifying information with intent to defraud any person	6702
by doing any act identified in division (B)(1) or (2) of this	6703
section.	6704

(F)(1) It is an affirmative defense to a charge under	6705
division (B) of this section that the person using the personal	6706
identifying information is acting in accordance with a legally	6707
recognized guardianship or conservatorship or as a trustee or	6708
fiduciary.	6709

(2) It is an affirmative defense to a charge under division	6710
(B), (C), (D), or (E) of this section that either of the following	6711
applies:	6712

(a) The person or entity using, obtaining, possessing, or	6713
creating the personal identifying information or permitting it to	6714
be used is a law enforcement agency, authorized fraud personnel,	6715
or a representative of or attorney for a law enforcement agency or	6716
authorized fraud personnel and is using, obtaining, possessing, or	6717
creating the personal identifying information or permitting it to	6718
be used, with prior consent given as specified in this division,	6719
in a bona fide investigation, an information security evaluation,	6720
a pretext calling evaluation, or a similar matter. The prior	6721
consent required under this division shall be given by the person	6722
whose personal identifying information is being used, obtained,	6723
possessed, or created or is being permitted to be used or, if the	6724
person whose personal identifying information is being used,	6725
obtained, possessed, or created or is being permitted to be used	6726
is deceased, by that deceased person's executor, or a member of	6727
that deceased person's family, or that deceased person's attorney.	6728
The prior consent required under this division may be given orally	6729
or in writing by the person whose personal identifying information	6730
is being used, obtained, possessed, or created or is being	6731
permitted to be used or that person's executor, or family member,	6732
or attorney.	6733

(b) The personal identifying information was obtained,	6734
possessed, used, created, or permitted to be used for a lawful	6735
purpose, provided that division (F)(2)(b) of this section does not	6736
apply if the person or entity using, obtaining, possessing, or	6737
creating the personal identifying information or permitting it to	6738
be used is a law enforcement agency, authorized fraud personnel,	6739
or a representative of or attorney for a law enforcement agency or	6740
authorized fraud personnel that is using, obtaining, possessing,	6741
or creating the ~~personnel~~personal identifying information or	6742
permitting it to be used in an investigation, an information	6743
security evaluation, a pretext calling evaluation, or similar	6744
matter.	6745

(G) It is not a defense to a charge under this section that	6746
the person whose personal identifying information was obtained,	6747
possessed, used, created, or permitted to be used was deceased at	6748
the time of the offense.	6749

(H)(1) If an offender commits a violation of division (B),	6750
(D), or (E) of this section and the violation occurs as part of a	6751
course of conduct involving other violations of division (B), (D),	6752
or (E) of this section or violations of, attempts to violate,	6753
conspiracies to violate, or complicity in violations of division	6754
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	6755
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	6756
court, in determining the degree of the offense pursuant to	6757
division (I) of this section, may aggregate all credit, property,	6758
or services obtained or sought to be obtained by the offender and	6759
all debts or other legal obligations avoided or sought to be	6760
avoided by the offender in the violations involved in that course	6761
of conduct. The course of conduct may involve one victim or more	6762
than one victim.	6763

(2) If an offender commits a violation of division (C) of	6764
this section and the violation occurs as part of a course of	6765
conduct involving other violations of division (C) of this section	6766
or violations of, attempts to violate, conspiracies to violate, or	6767
complicity in violations of division (B), (D), or (E) of this	6768
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	6769
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	6770
determining the degree of the offense pursuant to division (I) of	6771
this section, may aggregate all credit, property, or services	6772
obtained or sought to be obtained by the person aided or abetted	6773
and all debts or other legal obligations avoided or sought to be	6774
avoided by the person aided or abetted in the violations involved	6775
in that course of conduct. The course of conduct may involve one	6776
victim or more than one victim.	6777

(I)(1) Whoever violates this section is guilty of identity	6778
fraud.	6779

(2) Except as otherwise provided in this division or division	6780
(I)(3) of this section, identity fraud is a felony of the fifth	6781
degree. If the value of the credit, property, services, debt, or	6782
other legal obligation involved in the violation or course of	6783
conduct is ~~five hundred~~one thousand dollars or more and is less	6784
than ~~five~~seven thousand five hundred dollars, except as otherwise	6785
provided in division (I)(3) of this section, identity fraud is a	6786
felony of the fourth degree. If the value of the credit, property,	6787
services, debt, or other legal obligation involved in the	6788
violation or course of conduct is ~~five~~seven thousand five hundred	6789
dollars or more and is less than one hundred fifty thousand	6790
dollars, except as otherwise provided in division (I)(3) of this	6791
section, identity fraud is a felony of the third degree. If the	6792
value of the credit, property, services, debt, or other legal	6793
obligation involved in the violation or course of conduct is one	6794
hundred fifty thousand dollars or more, except as otherwise	6795
provided in division (I)(3) of this section, identity fraud is a	6796
felony of the second degree.	6797

(3) If the victim of the offense is an elderly person or	6798
disabled adult, a violation of this section is identity fraud	6799
against an elderly person or disabled adult. Except as otherwise	6800
provided in this division, identity fraud against an elderly	6801
person or disabled adult is a felony of the fifth degree. If the	6802
value of the credit, property, services, debt, or other legal	6803
obligation involved in the violation or course of conduct is ~~five~~	6804
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	6805
thousand five hundred dollars, identity fraud against an elderly	6806
person or disabled adult is a felony of the third degree. If the	6807
value of the credit, property, services, debt, or other legal	6808
obligation involved in the violation or course of conduct is ~~five~~	6809
seven thousand five hundred dollars or more and is less than one	6810
hundred fifty thousand dollars, identity fraud against an elderly	6811
person or disabled adult is a felony of the second degree. If the	6812
value of the credit, property, services, debt, or other legal	6813
obligation involved in the violation or course of conduct is one	6814
hundred fifty thousand dollars or more, identity fraud against an	6815
elderly person or disabled adult is a felony of the first degree.	6816

Sec. 2913.51. (A) No person shall receive, retain, or	6817
dispose of property of another knowing or having reasonable cause	6818
to believe that the property has been obtained through commission	6819
of a theft offense.	6820

(B) It is not a defense to a charge of receiving stolen	6821
property in violation of this section that the property was	6822
obtained by means other than through the commission of a theft	6823
offense if the property was explicitly represented to the accused	6824
person as being obtained through the commission of a theft	6825
offense.	6826

(C) Whoever violates this section is guilty of receiving	6827
stolen property. Except as otherwise provided in this division,	6828
receiving stolen property is a misdemeanor of the first degree. If	6829
the value of the property involved is ~~five hundred~~one thousand	6830
dollars or more and is less than ~~five~~seven thousand five hundred	6831
dollars, if the property involved is any of the property listed in	6832
section 2913.71 of the Revised Code, receiving stolen property is	6833
a felony of the fifth degree. If the property involved is a motor	6834
vehicle, as defined in section 4501.01 of the Revised Code, if the	6835
property involved is a dangerous drug, as defined in section	6836
4729.01 of the Revised Code, if the value of the property involved	6837
is ~~five~~seven thousand five hundred dollars or more and is less	6838
than one hundred fifty thousand dollars, or if the property	6839
involved is a firearm or dangerous ordnance, as defined in section	6840
2923.11 of the Revised Code, receiving stolen property is a felony	6841
of the fourth degree. If the value of the property involved is one	6842
hundred fifty thousand dollars or more, receiving stolen property	6843
is a felony of the third degree.	6844

Sec. 2913.61. (A) When a person is charged with a theft	6845
offense, or with a violation of division (A)(1) of section 1716.14	6846
of the Revised Code involving a victim who is an elderly person or	6847
disabled adult that involves property or services valued at ~~five~~	6848
~~hundred~~one thousand dollars or more, property or services valued	6849
at ~~five hundred~~one thousand dollars or more and less than ~~five~~	6850
seven thousand five hundred dollars, property or services valued	6851
at one thousand five hundred dollars or more and less than seven	6852
thousand five hundred dollars, property or services valued at ~~five~~	6853
seven thousand five hundred dollars or more and less than	6854
~~twenty-five~~thirty-seven thousand five hundred dollars, property	6855
or services valued at seven thousand five hundred dollars or more	6856
and less than one hundred fifty thousand dollars, property or	6857
services valued at ~~twenty-five~~thirty-seven thousand five hundred	6858
dollars or more and less than one hundred fifty thousand dollars,	6859
orproperty or services valued at thirty-seven thousand five	6860
hundred dollars or more, property or services valued at one	6861
hundred fifty thousand dollars or more, property or services	6862
valued at one hundred fifty thousand dollars or more and less than	6863
seven hundred fifty thousand dollars, property or services valued	6864
at seven hundred fifty thousand dollars or more and less than one	6865
million five hundred thousand dollars, or property or services	6866
valued at one million five hundred thousand dollars or more, the	6867
jury or court trying the accused shall determine the value of the	6868
property or services as of the time of the offense and, if a	6869
guilty verdict is returned, shall return the finding of value as	6870
part of the verdict. In any case in which the jury or court	6871
determines that the value of the property or services at the time	6872
of the offense was ~~five hundred~~one thousand dollars or more, it	6873
is unnecessary to find and return the exact value, and it is	6874
sufficient if the finding and return is to the effect that the	6875
value of the property or services involved was ~~five hundred~~one	6876
thousand dollars or more and less than ~~five~~seven thousand five	6877
hundred dollars, was one thousand dollars or more and less than	6878
seven thousand five hundred dollars, was ~~five~~seven thousand five	6879
hundred dollars or more and less than ~~twenty-five~~thirty-seven	6880
thousand five hundred dollars, was seven thousand five hundred	6881
dollars or more and less than thirty-seven thousand five hundred	6882
dollars, was seven thousand five hundred dollars or more and less	6883
than one hundred fifty thousand dollars, was ~~twenty-five~~	6884
thirty-seven thousand five hundred dollars or more and less than	6885
one hundred fifty thousand dollars, orwas thirty-seven thousand	6886
five hundred dollars or more and less than one hundred fifty	6887
thousand dollars, was one hundred fifty thousand dollars or more,	6888
was one hundred fifty thousand dollars or more and less than seven	6889
hundred fifty thousand dollars, was seven hundred fifty thousand	6890
dollars or more and less than one million five hundred thousand	6891
dollars, or was one million five hundred thousand dollars or more,	6892
whichever is relevant regarding the offense.	6893

(B) If more than one item of property or services is involved	6894
in a theft offense or in a violation of division (A)(1) of section	6895
1716.14 of the Revised Code involving a victim who is an elderly	6896
person or disabled adult, the value of the property or services	6897
involved for the purpose of determining the value as required by	6898
division (A) of this section is the aggregate value of all	6899
property or services involved in the offense.	6900

(C)(1) When a series of offenses under section 2913.02 of the	6901
Revised Code, or a series of violations of, attempts to commit a	6902
violation of, conspiracies to violate, or complicity in violations	6903
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	6904
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	6905
2913.31 or 2913.43 of the Revised Code involving a victim who is	6906
an elderly person or disabled adult, is committed by the offender	6907
in the offender's same employment, capacity, or relationship to	6908
another, all of those offenses shall be tried as a single offense.	6909
The value of the property or services involved in the series of	6910
offenses for the purpose of determining the value as required by	6911
division (A) of this section is the aggregate value of all	6912
property and services involved in all offenses in the series.	6913

(2) If an offender commits a series of offenses under section	6914
2913.02 of the Revised Code that involves a common course of	6915
conduct to defraud multiple victims, all of the offenses may be	6916
tried as a single offense. If an offender is being tried for the	6917
commission of a series of violations of, attempts to commit a	6918
violation of, conspiracies to violate, or complicity in violations	6919
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	6920
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	6921
2913.31 or 2913.43 of the Revised Code, whether committed against	6922
one victim or more than one victim, involving a victim who is an	6923
elderly person or disabled adult, pursuant to a scheme or course	6924
of conduct, all of those offenses may be tried as a single	6925
offense. If the offenses are tried as a single offense, the value	6926
of the property or services involved for the purpose of	6927
determining the value as required by division (A) of this section	6928
is the aggregate value of all property and services involved in	6929
all of the offenses in the course of conduct.	6930

(3) When a series of two or more offenses under section	6931
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	6932
the offender in the offender's same employment, capacity, or	6933
relationship to another, all of those offenses may be tried as a	6934
single offense. If the offenses are tried as a single offense, the	6935
value of the property or services involved for the purpose of	6936
determining the value as required by division (A) of this section	6937
is the aggregate value of all property and services involved in	6938
all of the offenses in the series of two or more offenses.	6939

(4) In prosecuting a single offense under division (C)(1),	6940
(2), or (3) of this section, it is not necessary to separately	6941
allege and prove each offense in the series. Rather, it is	6942
sufficient to allege and prove that the offender, within a given	6943
span of time, committed one or more theft offenses or violations	6944
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	6945
offender's same employment, capacity, or relationship to another	6946
as described in division (C)(1) or (3) of this section, or	6947
committed one or more theft offenses that involve a common course	6948
of conduct to defraud multiple victims or a scheme or course of	6949
conduct as described in division (C)(2) of this section. While it	6950
is not necessary to separately allege and prove each offense in	6951
the series in order to prosecute a single offense under division	6952
(C)(1), (2), or (3) of this section, it remains necessary in	6953
prosecuting them as a single offense to prove the aggregate value	6954
of the property or services in order to meet the requisite	6955
statutory offense level sought by the prosecution.	6956

(D) The following criteria shall be used in determining the	6957
value of property or services involved in a theft offense:	6958

(1) The value of an heirloom, memento, collector's item,	6959
antique, museum piece, manuscript, document, record, or other	6960
thing that has intrinsic worth to its owner and that either is	6961
irreplaceable or is replaceable only on the expenditure of	6962
substantial time, effort, or money, is the amount that would	6963
compensate the owner for its loss.	6964

(2) The value of personal effects and household goods, and of	6965
materials, supplies, equipment, and fixtures used in the	6966
profession, business, trade, occupation, or avocation of its	6967
owner, which property is not covered under division (D)(1) of this	6968
section and which retains substantial utility for its purpose	6969
regardless of its age or condition, is the cost of replacing the	6970
property with new property of like kind and quality.	6971

(3) The value of any real or personal property that is not	6972
covered under division (D)(1) or (2) of this section, and the	6973
value of services, is the fair market value of the property or	6974
services. As used in this section, "fair market value" is the	6975
money consideration that a buyer would give and a seller would	6976
accept for property or services, assuming that the buyer is	6977
willing to buy and the seller is willing to sell, that both are	6978
fully informed as to all facts material to the transaction, and	6979
that neither is under any compulsion to act.	6980

(E) Without limitation on the evidence that may be used to	6981
establish the value of property or services involved in a theft	6982
offense:	6983

(1) When the property involved is personal property held for	6984
sale at wholesale or retail, the price at which the property was	6985
held for sale is prima-facie evidence of its value.	6986

(2) When the property involved is a security or commodity	6987
traded on an exchange, the closing price or, if there is no	6988
closing price, the asked price, given in the latest market	6989
quotation prior to the offense is prima-facie evidence of the	6990
value of the security or commodity.	6991

(3) When the property involved is livestock, poultry, or raw	6992
agricultural products for which a local market price is available,	6993
the latest local market price prior to the offense is prima-facie	6994
evidence of the value of the livestock, poultry, or products.	6995

(4) When the property involved is a negotiable instrument,	6996
the face value is prima-facie evidence of the value of the	6997
instrument.	6998

(5) When the property involved is a warehouse receipt, bill	6999
of lading, pawn ticket, claim check, or other instrument entitling	7000
the holder or bearer to receive property, the face value or, if	7001
there is no face value, the value of the property covered by the	7002
instrument less any payment necessary to receive the property is	7003
prima-facie evidence of the value of the instrument.	7004

(6) When the property involved is a ticket of admission,	7005
ticket for transportation, coupon, token, or other instrument	7006
entitling the holder or bearer to receive property or services,	7007
the face value or, if there is no face value, the value of the	7008
property or services that may be received by the instrument is	7009
prima-facie evidence of the value of the instrument.	7010

(7) When the services involved are gas, electricity, water,	7011
telephone, transportation, shipping, or other services for which	7012
the rate is established by law, the duly established rate is	7013
prima-facie evidence of the value of the services.	7014

(8) When the services involved are services for which the	7015
rate is not established by law, and the offender has been notified	7016
prior to the offense of the rate for the services, either in	7017
writing, orally, or by posting in a manner reasonably calculated	7018
to come to the attention of potential offenders, the rate	7019
contained in the notice is prima-facie evidence of the value of	7020
the services.	7021

Sec. 2915.05. (A) No person, with purpose to defraud or	7022
knowing that the person is facilitating a fraud, shall engage in	7023
conduct designed to corrupt the outcome of any of the following:	7024

(1) The subject of a bet;

7025

(2) A contest of knowledge, skill, or endurance that is not	7026
an athletic or sporting event;	7027

(3) A scheme or game of chance;

7028

(4) Bingo.

7029

(B) No person shall knowingly do any of the following:

7030

(1) Offer, give, solicit, or accept anything of value to	7031
corrupt the outcome of an athletic or sporting event;	7032

(2) Engage in conduct designed to corrupt the outcome of an	7033
athletic or sporting event.	7034

(C)(1) Whoever violates division (A) of this section is	7035
guilty of cheating. Except as otherwise provided in this division,	7036
cheating is a misdemeanor of the first degree. If the potential	7037
gain from the cheating is ~~five hundred~~one thousand dollars or	7038
more or if the offender previously has been convicted of any	7039
gambling offense or of any theft offense, as defined in section	7040
2913.01 of the Revised Code, cheating is a felony of the fifth	7041
degree.	7042

(2) Whoever violates division (B) of this section is guilty	7043
of corrupting sports. Corrupting sports is a felony of the fifth	7044
degree on a first offense and a felony of the fourth degree on	7045
each subsequent offense.	7046

Sec. 2917.21. (A) No person shall knowingly make or cause to	7047
be made a telecommunication, or knowingly permit a	7048
telecommunication to be made from a telecommunications device	7049
under the person's control, to another, if the caller does any of	7050
the following:	7051

(1) Fails to identify the caller to the recipient of the	7052
telecommunication and makes the telecommunication with purpose to	7053
harass or abuse any person at the premises to which the	7054
telecommunication is made, whether or not actual communication	7055
takes place between the caller and a recipient;	7056

(2) Describes, suggests, requests, or proposes that the	7057
caller, the recipient of the telecommunication, or any other	7058
person engage in sexual activity, and the recipient or another	7059
person at the premises to which the telecommunication is made has	7060
requested, in a previous telecommunication or in the immediate	7061
telecommunication, that the caller not make a telecommunication to	7062
the recipient or to the premises to which the telecommunication is	7063
made;	7064

(3) During the telecommunication, violates section 2903.21 of	7065
the Revised Code;	7066

(4) Knowingly states to the recipient of the	7067
telecommunication that the caller intends to cause damage to or	7068
destroy public or private property, and the recipient, any member	7069
of the recipient's family, or any other person who resides at the	7070
premises to which the telecommunication is made owns, leases,	7071
resides, or works in, will at the time of the destruction or	7072
damaging be near or in, has the responsibility of protecting, or	7073
insures the property that will be destroyed or damaged;	7074

(5) Knowingly makes the telecommunication to the recipient of	7075
the telecommunication, to another person at the premises to which	7076
the telecommunication is made, or to those premises, and the	7077
recipient or another person at those premises previously has told	7078
the caller not to make a telecommunication to those premises or to	7079
any persons at those premises.	7080

(B) No person shall make or cause to be made a	7081
telecommunication, or permit a telecommunication to be made from a	7082
telecommunications device under the person's control, with purpose	7083
to abuse, threaten, or harass another person.	7084

(C)(1) Whoever violates this section is guilty of	7085
telecommunications harassment.	7086

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	7087
of this section is a misdemeanor of the first degree on a first	7088
offense and a felony of the fifth degree on each subsequent	7089
offense.	7090

(3) Except as otherwise provided in division (C)(3) of this	7091
section, a violation of division (A)(4) of this section is a	7092
misdemeanor of the first degree on a first offense and a felony of	7093
the fifth degree on each subsequent offense. If a violation of	7094
division (A)(4) of this section results in economic harm of ~~five~~	7095
~~hundred~~one thousand dollars or more but less than ~~five~~seven	7096
thousand five hundred dollars, telecommunications harassment is a	7097
felony of the fifth degree. If a violation of division (A)(4) of	7098
this section results in economic harm of ~~five~~seven thousand five	7099
hundred dollars or more but less than one hundred fifty thousand	7100
dollars, telecommunications harassment is a felony of the fourth	7101
degree. If a violation of division (A)(4) of this section results	7102
in economic harm of one hundred fifty thousand dollars or more,	7103
telecommunications harassment is a felony of the third degree.	7104

(D) No cause of action may be asserted in any court of this	7105
state against any provider of a telecommunications service or	7106
information service, or against any officer, employee, or agent of	7107
a telecommunication service or information service, for any	7108
injury, death, or loss to person or property that allegedly arises	7109
out of the provider's, officer's, employee's, or agent's provision	7110
of information, facilities, or assistance in accordance with the	7111
terms of a court order that is issued in relation to the	7112
investigation or prosecution of an alleged violation of this	7113
section. A provider of a telecommunications service or information	7114
service, or an officer, employee, or agent of a telecommunications	7115
service or information service, is immune from any civil or	7116
criminal liability for injury, death, or loss to person or	7117
property that allegedly arises out of the provider's, officer's,	7118
employee's, or agent's provision of information, facilities, or	7119
assistance in accordance with the terms of a court order that is	7120
issued in relation to the investigation or prosecution of an	7121
alleged violation of this section.	7122

(E) As used in this section:

7123

(1) "Economic harm" means all direct, incidental, and	7124
consequential pecuniary harm suffered by a victim as a result of	7125
criminal conduct. "Economic harm" includes, but is not limited to,	7126
all of the following:	7127

(a) All wages, salaries, or other compensation lost as a	7128
result of the criminal conduct;	7129

(b) The cost of all wages, salaries, or other compensation	7130
paid to employees for time those employees are prevented from	7131
working as a result of the criminal conduct;	7132

(c) The overhead costs incurred for the time that a business	7133
is shut down as a result of the criminal conduct;	7134

(d) The loss of value to tangible or intangible property that	7135
was damaged as a result of the criminal conduct.	7136

(2) "Caller" means the person described in division (A) of	7137
this section who makes or causes to be made a telecommunication or	7138
who permits a telecommunication to be made from a	7139
telecommunications device under that person's control.	7140

(3) "Telecommunication" and "telecommunications device" have	7141
the same meanings as in section 2913.01 of the Revised Code.	7142

(4) "Sexual activity" has the same meaning as in section	7143
2907.01 of the Revised Code.	7144

(F) Nothing in this section prohibits a person from making a	7145
telecommunication to a debtor that is in compliance with the "Fair	7146
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	7147
1692, as amended, or the "Telephone Consumer Protection Act," 105	7148
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	7149

Sec. 2917.31. (A) No person shall cause the evacuation of	7150
any public place, or otherwise cause serious public inconvenience	7151
or alarm, by doing any of the following:	7152

(1) Initiating or circulating a report or warning of an	7153
alleged or impending fire, explosion, crime, or other catastrophe,	7154
knowing that such report or warning is false;	7155

(2) Threatening to commit any offense of violence;

7156

(3) Committing any offense, with reckless disregard of the	7157
likelihood that its commission will cause serious public	7158
inconvenience or alarm.	7159

(B) Division (A)(1) of this section does not apply to any	7160
person conducting an authorized fire or emergency drill.	7161

(C)(1) Whoever violates this section is guilty of inducing	7162
panic.	7163

(2) Except as otherwise provided in division (C)(3), (4),	7164
(5), (6), (7), or (8) of this section, inducing panic is a	7165
misdemeanor of the first degree.	7166

(3) Except as otherwise provided in division (C)(4), (5),	7167
(6), (7), or (8) of this section, if a violation of this section	7168
results in physical harm to any person, inducing panic is a felony	7169
of the fourth degree.	7170

(4) Except as otherwise provided in division (C)(5), (6),	7171
(7), or (8) of this section, if a violation of this section	7172
results in economic harm, the penalty shall be determined as	7173
follows:	7174

(a) If the violation results in economic harm of ~~five hundred~~	7175
one thousand dollars or more but less than ~~five~~seven thousand	7176
five hundred dollars and if division (C)(3) of this section does	7177
not apply, inducing panic is a felony of the fifth degree.	7178

(b) If the violation results in economic harm of ~~five~~seven	7179
thousand five hundred dollars or more but less than one hundred	7180
fifty thousand dollars, inducing panic is a felony of the fourth	7181
degree.	7182

(c) If the violation results in economic harm of one hundred	7183
fifty thousand dollars or more, inducing panic is a felony of the	7184
third degree.	7185

(5) If the public place involved in a violation of division	7186
(A)(1) of this section is a school or an institution of higher	7187
education, inducing panic is a felony of the second degree.	7188

(6) If the violation pertains to a purported, threatened, or	7189
actual use of a weapon of mass destruction, and except as	7190
otherwise provided in division (C)(5), (7), or (8) of this	7191
section, inducing panic is a felony of the fourth degree.	7192

(7) If the violation pertains to a purported, threatened, or	7193
actual use of a weapon of mass destruction, and except as	7194
otherwise provided in division (C)(5) of this section, if a	7195
violation of this section results in physical harm to any person,	7196
inducing panic is a felony of the third degree.	7197

(8) If the violation pertains to a purported, threatened, or	7198
actual use of a weapon of mass destruction, and except as	7199
otherwise provided in division (C)(5) of this section, if a	7200
violation of this section results in economic harm of one hundred	7201
thousand dollars or more, inducing panic is a felony of the third	7202
degree.	7203

(D)(1) It is not a defense to a charge under this section	7204
that pertains to a purported or threatened use of a weapon of mass	7205
destruction that the offender did not possess or have the ability	7206
to use a weapon of mass destruction or that what was represented	7207
to be a weapon of mass destruction was not a weapon of mass	7208
destruction.	7209

(2) Any act that is a violation of this section and any other	7210
section of the Revised Code may be prosecuted under this section,	7211
the other section, or both sections.	7212

(E) As used in this section:

7213

(1) "Economic harm" means any of the following:

7214

(a) All direct, incidental, and consequential pecuniary harm	7215
suffered by a victim as a result of criminal conduct. "Economic	7216
harm" as described in this division includes, but is not limited	7217
to, all of the following:	7218

(i) All wages, salaries, or other compensation lost as a	7219
result of the criminal conduct;	7220

(ii) The cost of all wages, salaries, or other compensation	7221
paid to employees for time those employees are prevented from	7222
working as a result of the criminal conduct;	7223

(iii) The overhead costs incurred for the time that a	7224
business is shut down as a result of the criminal conduct;	7225

(iv) The loss of value to tangible or intangible property	7226
that was damaged as a result of the criminal conduct.	7227

(b) All costs incurred by the state or any political	7228
subdivision as a result of, or in making any response to, the	7229
criminal conduct that constituted the violation of this section or	7230
section 2917.32 of the Revised Code, including, but not limited	7231
to, all costs so incurred by any law enforcement officers,	7232
firefighters, rescue personnel, or emergency medical services	7233
personnel of the state or the political subdivision.	7234

(2) "School" means any school operated by a board of	7235
education or any school for which the state board of education	7236
prescribes minimum standards under section 3301.07 of the Revised	7237
Code, whether or not any instruction, extracurricular activities,	7238
or training provided by the school is being conducted at the time	7239
a violation of this section is committed.	7240

(3) "Weapon of mass destruction" means any of the following:

7241

(a) Any weapon that is designed or intended to cause death or	7242
serious physical harm through the release, dissemination, or	7243
impact of toxic or poisonous chemicals, or their precursors;	7244

(b) Any weapon involving a disease organism or biological	7245
agent;	7246

(c) Any weapon that is designed to release radiation or	7247
radioactivity at a level dangerous to human life;	7248

(d) Any of the following, except to the extent that the item	7249
or device in question is expressly excepted from the definition of	7250
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	7251
regulations issued under that section:	7252

(i) Any explosive, incendiary, or poison gas bomb, grenade,	7253
rocket having a propellant charge of more than four ounces,	7254
missile having an explosive or incendiary charge of more than	7255
one-quarter ounce, mine, or similar device;	7256

(ii) Any combination of parts either designed or intended for	7257
use in converting any item or device into any item or device	7258
described in division (E)(3)(d)(i) of this section and from which	7259
an item or device described in that division may be readily	7260
assembled.	7261

(4) "Biological agent" has the same meaning as in section	7262
2917.33 of the Revised Code.	7263

(5) "Emergency medical services personnel" has the same	7264
meaning as in section 2133.21 of the Revised Code.	7265

(6) "Institution of higher education" means any of the	7266
following:	7267

(a) A state university or college as defined in division	7268
(A)(1) of section 3345.12 of the Revised Code, community college,	7269
state community college, university branch, or technical college;	7270

(b) A private, nonprofit college, university or other	7271
post-secondary institution located in this state that possesses a	7272
certificate of authorization issued by the Ohio board of regents	7273
pursuant to Chapter 1713. of the Revised Code;	7274

(c) A post-secondary institution with a certificate of	7275
registration issued by the state board of career colleges and	7276
schools under Chapter 3332. of the Revised Code.	7277

Sec. 2917.32. (A) No person shall do any of the following:

7278

(1) Initiate or circulate a report or warning of an alleged	7279
or impending fire, explosion, crime, or other catastrophe, knowing	7280
that the report or warning is false and likely to cause public	7281
inconvenience or alarm;	7282

(2) Knowingly cause a false alarm of fire or other emergency	7283
to be transmitted to or within any organization, public or	7284
private, for dealing with emergencies involving a risk of physical	7285
harm to persons or property;	7286

(3) Report to any law enforcement agency an alleged offense	7287
or other incident within its concern, knowing that such offense	7288
did not occur.	7289

(B) This section does not apply to any person conducting an	7290
authorized fire or emergency drill.	7291

(C)(1) Whoever violates this section is guilty of making	7292
false alarms.	7293

(2) Except as otherwise provided in division (C)(3), (4),	7294
(5), or (6) of this section, making false alarms is a misdemeanor	7295
of the first degree.	7296

(3) Except as otherwise provided in division (C)(4) of this	7297
section, if a violation of this section results in economic harm	7298
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	7299
seven thousand five hundred dollars, making false alarms is a	7300
felony of the fifth degree.	7301

(4) If a violation of this section pertains to a purported,	7302
threatened, or actual use of a weapon of mass destruction, making	7303
false alarms is a felony of the third degree.	7304

(5) If a violation of this section results in economic harm	7305
of ~~five~~seven thousand five hundred dollars or more but less than	7306
one hundred fifty thousand dollars and if division (C)(4) of this	7307
section does not apply, making false alarms is a felony of the	7308
fourth degree.	7309

(6) If a violation of this section results in economic harm	7310
of one hundred fifty thousand dollars or more, making false alarms	7311
is a felony of the third degree.	7312

(D)(1) It is not a defense to a charge under this section	7313
that pertains to a purported or threatened use of a weapon of mass	7314
destruction that the offender did not possess or have the ability	7315
to use a weapon of mass destruction or that what was represented	7316
to be a weapon of mass destruction was not a weapon of mass	7317
destruction.	7318

(2) Any act that is a violation of this section and any other	7319
section of the Revised Code may be prosecuted under this section,	7320
the other section, or both sections.	7321

(E) As used in this section, "economic harm" and "weapon of	7322
mass destruction" have the same meanings as in section 2917.31 of	7323
the Revised Code.	7324

Sec. 2919.21. (A) No person shall abandon, or fail to	7325
provide adequate support to:	7326

(1) The person's spouse, as required by law;

7327

(2) The person's child who is under age eighteen, or mentally	7328
or physically handicapped child who is under age twenty-one;	7329

(3) The person's aged or infirm parent or adoptive parent,	7330
who from lack of ability and means is unable to provide adequately	7331
for the parent's own support.	7332

(B) No person shall abandon, or fail to provide support as	7333
established by a court order to, another person whom, by court	7334
order or decree, the person is legally obligated to support.	7335

(C) No person shall aid, abet, induce, cause, encourage, or	7336
contribute to a child or a ward of the juvenile court becoming a	7337
dependent child, as defined in section 2151.04 of the Revised	7338
Code, or a neglected child, as defined in section 2151.03 of the	7339
Revised Code.	7340

(D) It is an affirmative defense to a charge of failure to	7341
provide adequate support under division (A) of this section or a	7342
charge of failure to provide support established by a court order	7343
under division (B) of this section that the accused was unable to	7344
provide adequate support or the established support but did	7345
provide the support that was within the accused's ability and	7346
means.	7347

(E) It is an affirmative defense to a charge under division	7348
(A)(3) of this section that the parent abandoned the accused or	7349
failed to support the accused as required by law, while the	7350
accused was under age eighteen, or was mentally or physically	7351
handicapped and under age twenty-one.	7352

(F) It is not a defense to a charge under division (B) of	7353
this section that the person whom a court has ordered the accused	7354
to support is being adequately supported by someone other than the	7355
accused.	7356

(G)(1) Except as otherwise provided in this division, whoever	7357
violates division (A) or (B) of this section is guilty of	7358
nonsupport of dependents, a misdemeanor of the first degree. If	7359
the offender previously has been convicted of or pleaded guilty to	7360
a violation of division (A)(2) or (B) of this section or if the	7361
offender has failed to provide support under division (A)(2) or	7362
(B) of this section for a total accumulated period of twenty-six	7363
weeks out of one hundred four consecutive weeks, whether or not	7364
the twenty-six weeks were consecutive, then a violation of	7365
division (A)(2) or (B) of this section is a felony of the fifth	7366
degree. If the offender previously has been convicted of or	7367
pleaded guilty to a felony violation of this section, a violation	7368
of division (A)(2) or (B) of this section is a felony of the	7369
fourth degree. If	7370

If the violation of division (A) or (B) of this section is a	7371
felony, all of the following apply to the sentencing of the	7372
offender:	7373

(a) Except as otherwise provided in division (G)(1)(b) of	7374
this section, the court in imposing sentence on the offender shall	7375
first consider placing the offender on one or more community	7376
control sanctions under section 2929.16, 2929.17, or 2929.18 of	7377
the Revised Code, with an emphasis under the sanctions on	7378
intervention for nonsupport, obtaining or maintaining employment,	7379
or another related condition.	7380

(b) The preference for placement on community control	7381
sanctions described in division (G)(1)(a) of this section does not	7382
apply to any offender to whom one or more of the following	7383
applies:	7384

(i) The court determines that the imposition of a prison term	7385
on the offender is consistent with the purposes and principles of	7386
sentencing set forth in section 2929.11 of the Revised Code.	7387

(ii) The offender previously was convicted of or pleaded	7388
guilty to a violation of this section that was a felony, and the	7389
offender was sentenced to a prison term for that violation.	7390

(iii) The offender previously was convicted of or pleaded	7391
guilty to a violation of this section that was a felony, the	7392
offender was sentenced to one or more community control sanctions	7393
of a type described in division (G)(1)(a) of this section for that	7394
violation, and the offender failed to comply with the conditions	7395
of any of those community control sanctions.	7396

(2) If the offender is guilty of nonsupport of dependents by	7397
reason of failing to provide support to the offender's child as	7398
required by a child support order issued on or after April 15,	7399
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	7400
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	7401
Revised Code, the court, in addition to any other sentence	7402
imposed, shall assess all court costs arising out of the charge	7403
against the person and require the person to pay any reasonable	7404
attorney's fees of any adverse party other than the state, as	7405
determined by the court, that arose in relation to the charge.	7406

~~(2)~~(3) Whoever violates division (C) of this section is	7407
guilty of contributing to the nonsupport of dependents, a	7408
misdemeanor of the first degree. Each day of violation of division	7409
(C) of this section is a separate offense.	7410

Sec. 2919.22. (A) No person, who is the parent, guardian,	7411
custodian, person having custody or control, or person in loco	7412
parentis of a child under eighteen years of age or a mentally or	7413
physically handicapped child under twenty-one years of age, shall	7414
create a substantial risk to the health or safety of the child, by	7415
violating a duty of care, protection, or support. It is not a	7416
violation of a duty of care, protection, or support under this	7417
division when the parent, guardian, custodian, or person having	7418
custody or control of a child treats the physical or mental	7419
illness or defect of the child by spiritual means through prayer	7420
alone, in accordance with the tenets of a recognized religious	7421
body.	7422

(B) No person shall do any of the following to a child under	7423
eighteen years of age or a mentally or physically handicapped	7424
child under twenty-one years of age:	7425

(1) Abuse the child;

7426

(2) Torture or cruelly abuse the child;

7427

(3) Administer corporal punishment or other physical	7428
disciplinary measure, or physically restrain the child in a cruel	7429
manner or for a prolonged period, which punishment, discipline, or	7430
restraint is excessive under the circumstances and creates a	7431
substantial risk of serious physical harm to the child;	7432

(4) Repeatedly administer unwarranted disciplinary measures	7433
to the child, when there is a substantial risk that such conduct,	7434
if continued, will seriously impair or retard the child's mental	7435
health or development;	7436

(5) Entice, coerce, permit, encourage, compel, hire, employ,	7437
use, or allow the child to act, model, or in any other way	7438
participate in, or be photographed for, the production,	7439
presentation, dissemination, or advertisement of any material or	7440
performance that the offender knows or reasonably should know is	7441
obscene, is sexually oriented matter, or is nudity-oriented	7442
matter;	7443

(6) Allow the child to be on the same parcel of real property	7444
and within one hundred feet of, or, in the case of more than one	7445
housing unit on the same parcel of real property, in the same	7446
housing unit and within one hundred feet of, any act in violation	7447
of section 2925.04 or 2925.041 of the Revised Code when the person	7448
knows that the act is occurring, whether or not any person is	7449
prosecuted for or convicted of the violation of section 2925.04 or	7450
2925.041 of the Revised Code that is the basis of the violation of	7451
this division.	7452

(C)(1) No person shall operate a vehicle, streetcar, or	7453
trackless trolley within this state in violation of division (A)	7454
of section 4511.19 of the Revised Code when one or more children	7455
under eighteen years of age are in the vehicle, streetcar, or	7456
trackless trolley. Notwithstanding any other provision of law, a	7457
person may be convicted at the same trial or proceeding of a	7458
violation of this division and a violation of division (A) of	7459
section 4511.19 of the Revised Code that constitutes the basis of	7460
the charge of the violation of this division. For purposes of	7461
sections 4511.191 to 4511.197 of the Revised Code and all related	7462
provisions of law, a person arrested for a violation of this	7463
division shall be considered to be under arrest for operating a	7464
vehicle while under the influence of alcohol, a drug of abuse, or	7465
a combination of them or for operating a vehicle with a prohibited	7466
concentration of alcohol, a controlled substance, or a metabolite	7467
of a controlled substance in the whole blood, blood serum or	7468
plasma, breath, or urine.	7469

(2) As used in division (C)(1) of this section:

7470

(a) "Controlled substance" has the same meaning as in section	7471
3719.01 of the Revised Code.	7472

(b) "Vehicle," "streetcar," and "trackless trolley" have the	7473
same meanings as in section 4511.01 of the Revised Code.	7474

(D)(1) Division (B)(5) of this section does not apply to any	7475
material or performance that is produced, presented, or	7476
disseminated for a bona fide medical, scientific, educational,	7477
religious, governmental, judicial, or other proper purpose, by or	7478
to a physician, psychologist, sociologist, scientist, teacher,	7479
person pursuing bona fide studies or research, librarian, member	7480
of the clergy, prosecutor, judge, or other person having a proper	7481
interest in the material or performance.	7482

(2) Mistake of age is not a defense to a charge under	7483
division (B)(5) of this section.	7484

(3) In a prosecution under division (B)(5) of this section,	7485
the trier of fact may infer that an actor, model, or participant	7486
in the material or performance involved is a juvenile if the	7487
material or performance, through its title, text, visual	7488
representation, or otherwise, represents or depicts the actor,	7489
model, or participant as a juvenile.	7490

(4) As used in this division and division (B)(5) of this	7491
section:	7492

(a) "Material," "performance," "obscene," and "sexual	7493
activity" have the same meanings as in section 2907.01 of the	7494
Revised Code.	7495

(b) "Nudity-oriented matter" means any material or	7496
performance that shows a minor in a state of nudity and that,	7497
taken as a whole by the average person applying contemporary	7498
community standards, appeals to prurient interest.	7499

(c) "Sexually oriented matter" means any material or	7500
performance that shows a minor participating or engaging in sexual	7501
activity, masturbation, or bestiality.	7502

(E)(1) Whoever violates this section is guilty of endangering	7503
children.	7504

(2) If the offender violates division (A) or (B)(1) of this	7505
section, endangering children is one of the following, and, in the	7506
circumstances described in division (E)(2)(e) of this section,	7507
that division applies:	7508

(a) Except as otherwise provided in division (E)(2)(b), (c),	7509
or (d) of this section, a misdemeanor of the first degree;	7510

(b) If the offender previously has been convicted of an	7511
offense under this section or of any offense involving neglect,	7512
abandonment, contributing to the delinquency of, or physical abuse	7513
of a child, except as otherwise provided in division (E)(2)(c) or	7514
(d) of this section, a felony of the fourth degree;	7515

(c) If the violation is a violation of division (A) of this	7516
section and results in serious physical harm to the child	7517
involved, a felony of the third degree;	7518

(d) If the violation is a violation of division (B)(1) of	7519
this section and results in serious physical harm to the child	7520
involved, a felony of the second degree.	7521

(e) If the violation is a felony violation of division (B)(1)	7522
of this section and the offender also is convicted of or pleads	7523
guilty to a specification as described in section 2941.1422 of the	7524
Revised Code that was included in the indictment, count in the	7525
indictment, or information charging the offense, the court shall	7526
sentence the offender to a mandatory prison term as provided in	7527
division ~~(D)~~(B)(7) of section 2929.14 of the Revised Code and	7528
shall order the offender to make restitution as provided in	7529
division (B)(8) of section 2929.18 of the Revised Code.	7530

(3) If the offender violates division (B)(2), (3), (4), or	7531
(6) of this section, except as otherwise provided in this	7532
division, endangering children is a felony of the third degree. If	7533
the violation results in serious physical harm to the child	7534
involved, or if the offender previously has been convicted of an	7535
offense under this section or of any offense involving neglect,	7536
abandonment, contributing to the delinquency of, or physical abuse	7537
of a child, endangering children is a felony of the second degree.	7538
If the offender violates division (B)(2), (3), or (4) of this	7539
section and the offender also is convicted of or pleads guilty to	7540
a specification as described in section 2941.1422 of the Revised	7541
Code that was included in the indictment, count in the indictment,	7542
or information charging the offense, the court shall sentence the	7543
offender to a mandatory prison term as provided in division	7544
~~(D)~~(B)(7) of section 2929.14 of the Revised Code and shall order	7545
the offender to make restitution as provided in division (B)(8) of	7546
section 2929.18 of the Revised Code. If the offender violates	7547
division (B)(6) of this section and the drug involved is	7548
methamphetamine, the court shall impose a mandatory prison term on	7549
the offender as follows:	7550

(a) If the violation is a violation of division (B)(6) of	7551
this section that is a felony of the third degree under division	7552
(E)(3) of this section and the drug involved is methamphetamine,	7553
except as otherwise provided in this division, the court shall	7554
impose as a mandatory prison term one of the prison terms	7555
prescribed for a felony of the third degree that is not less than	7556
two years. If the violation is a violation of division (B)(6) of	7557
this section that is a felony of the third degree under division	7558
(E)(3) of this section, if the drug involved is methamphetamine,	7559
and if the offender previously has been convicted of or pleaded	7560
guilty to a violation of division (B)(6) of this section, a	7561
violation of division (A) of section 2925.04 of the Revised Code,	7562
or a violation of division (A) of section 2925.041 of the Revised	7563
Code, the court shall impose as a mandatory prison term one of the	7564
prison terms prescribed for a felony of the third degree that is	7565
not less than five years.	7566

(b) If the violation is a violation of division (B)(6) of	7567
this section that is a felony of the second degree under division	7568
(E)(3) of this section and the drug involved is methamphetamine,	7569
except as otherwise provided in this division, the court shall	7570
impose as a mandatory prison term one of the prison terms	7571
prescribed for a felony of the second degree that is not less than	7572
three years. If the violation is a violation of division (B)(6) of	7573
this section that is a felony of the second degree under division	7574
(E)(3) of this section, if the drug involved is methamphetamine,	7575
and if the offender previously has been convicted of or pleaded	7576
guilty to a violation of division (B)(6) of this section, a	7577
violation of division (A) of section 2925.04 of the Revised Code,	7578
or a violation of division (A) of section 2925.041 of the Revised	7579
Code, the court shall impose as a mandatory prison term one of the	7580
prison terms prescribed for a felony of the second degree that is	7581
not less than five years.	7582

(4) If the offender violates division (B)(5) of this section,	7583
endangering children is a felony of the second degree. If the	7584
offender also is convicted of or pleads guilty to a specification	7585
as described in section 2941.1422 of the Revised Code that was	7586
included in the indictment, count in the indictment, or	7587
information charging the offense, the court shall sentence the	7588
offender to a mandatory prison term as provided in division	7589
~~(D)~~(B)(7) of section 2929.14 of the Revised Code and shall order	7590
the offender to make restitution as provided in division (B)(8) of	7591
section 2929.18 of the Revised Code.	7592

(5) If the offender violates division (C) of this section,	7593
the offender shall be punished as follows:	7594

(a) Except as otherwise provided in division (E)(5)(b) or (c)	7595
of this section, endangering children in violation of division (C)	7596
of this section is a misdemeanor of the first degree.	7597

(b) If the violation results in serious physical harm to the	7598
child involved or the offender previously has been convicted of an	7599
offense under this section or any offense involving neglect,	7600
abandonment, contributing to the delinquency of, or physical abuse	7601
of a child, except as otherwise provided in division (E)(5)(c) of	7602
this section, endangering children in violation of division (C) of	7603
this section is a felony of the fifth degree.	7604

(c) If the violation results in serious physical harm to the	7605
child involved and if the offender previously has been convicted	7606
of a violation of division (C) of this section, section 2903.06 or	7607
2903.08 of the Revised Code, section 2903.07 of the Revised Code	7608
as it existed prior to March 23, 2000, or section 2903.04 of the	7609
Revised Code in a case in which the offender was subject to the	7610
sanctions described in division (D) of that section, endangering	7611
children in violation of division (C) of this section is a felony	7612
of the fourth degree.	7613

(d) In addition to any term of imprisonment, fine, or other	7614
sentence, penalty, or sanction it imposes upon the offender	7615
pursuant to division (E)(5)(a), (b), or (c) of this section or	7616
pursuant to any other provision of law and in addition to any	7617
suspension of the offender's driver's or commercial driver's	7618
license or permit or nonresident operating privilege under Chapter	7619
4506., 4509., 4510., or 4511. of the Revised Code or under any	7620
other provision of law, the court also may impose upon the	7621
offender a class seven suspension of the offender's driver's or	7622
commercial driver's license or permit or nonresident operating	7623
privilege from the range specified in division (A)(7) of section	7624
4510.02 of the Revised Code.	7625

(e) In addition to any term of imprisonment, fine, or other	7626
sentence, penalty, or sanction imposed upon the offender pursuant	7627
to division (E)(5)(a), (b), (c), or (d) of this section or	7628
pursuant to any other provision of law for the violation of	7629
division (C) of this section, if as part of the same trial or	7630
proceeding the offender also is convicted of or pleads guilty to a	7631
separate charge charging the violation of division (A) of section	7632
4511.19 of the Revised Code that was the basis of the charge of	7633
the violation of division (C) of this section, the offender also	7634
shall be sentenced in accordance with section 4511.19 of the	7635
Revised Code for that violation of division (A) of section 4511.19	7636
of the Revised Code.	7637

(F)(1)(a) A court may require an offender to perform not more	7638
than two hundred hours of supervised community service work under	7639
the authority of an agency, subdivision, or charitable	7640
organization. The requirement shall be part of the community	7641
control sanction or sentence of the offender, and the court shall	7642
impose the community service in accordance with and subject to	7643
divisions (F)(1)(a) and (b) of this section. The court may require	7644
an offender whom it requires to perform supervised community	7645
service work as part of the offender's community control sanction	7646
or sentence to pay the court a reasonable fee to cover the costs	7647
of the offender's participation in the work, including, but not	7648
limited to, the costs of procuring a policy or policies of	7649
liability insurance to cover the period during which the offender	7650
will perform the work. If the court requires the offender to	7651
perform supervised community service work as part of the	7652
offender's community control sanction or sentence, the court shall	7653
do so in accordance with the following limitations and criteria:	7654

(i) The court shall require that the community service work	7655
be performed after completion of the term of imprisonment or jail	7656
term imposed upon the offender for the violation of division (C)	7657
of this section, if applicable.	7658

(ii) The supervised community service work shall be subject	7659
to the limitations set forth in divisions (B)(1), (2), and (3) of	7660
section 2951.02 of the Revised Code.	7661

(iii) The community service work shall be supervised in the	7662
manner described in division (B)(4) of section 2951.02 of the	7663
Revised Code by an official or person with the qualifications	7664
described in that division. The official or person periodically	7665
shall report in writing to the court concerning the conduct of the	7666
offender in performing the work.	7667

(iv) The court shall inform the offender in writing that if	7668
the offender does not adequately perform, as determined by the	7669
court, all of the required community service work, the court may	7670
order that the offender be committed to a jail or workhouse for a	7671
period of time that does not exceed the term of imprisonment that	7672
the court could have imposed upon the offender for the violation	7673
of division (C) of this section, reduced by the total amount of	7674
time that the offender actually was imprisoned under the sentence	7675
or term that was imposed upon the offender for that violation and	7676
by the total amount of time that the offender was confined for any	7677
reason arising out of the offense for which the offender was	7678
convicted and sentenced as described in sections 2949.08 and	7679
2967.191 of the Revised Code, and that, if the court orders that	7680
the offender be so committed, the court is authorized, but not	7681
required, to grant the offender credit upon the period of the	7682
commitment for the community service work that the offender	7683
adequately performed.	7684

(b) If a court, pursuant to division (F)(1)(a) of this	7685
section, orders an offender to perform community service work as	7686
part of the offender's community control sanction or sentence and	7687
if the offender does not adequately perform all of the required	7688
community service work, as determined by the court, the court may	7689
order that the offender be committed to a jail or workhouse for a	7690
period of time that does not exceed the term of imprisonment that	7691
the court could have imposed upon the offender for the violation	7692
of division (C) of this section, reduced by the total amount of	7693
time that the offender actually was imprisoned under the sentence	7694
or term that was imposed upon the offender for that violation and	7695
by the total amount of time that the offender was confined for any	7696
reason arising out of the offense for which the offender was	7697
convicted and sentenced as described in sections 2949.08 and	7698
2967.191 of the Revised Code. The court may order that a person	7699
committed pursuant to this division shall receive hour-for-hour	7700
credit upon the period of the commitment for the community service	7701
work that the offender adequately performed. No commitment	7702
pursuant to this division shall exceed the period of the term of	7703
imprisonment that the sentencing court could have imposed upon the	7704
offender for the violation of division (C) of this section,	7705
reduced by the total amount of time that the offender actually was	7706
imprisoned under that sentence or term and by the total amount of	7707
time that the offender was confined for any reason arising out of	7708
the offense for which the offender was convicted and sentenced as	7709
described in sections 2949.08 and 2967.191 of the Revised Code.	7710

(2) Division (F)(1) of this section does not limit or affect	7711
the authority of the court to suspend the sentence imposed upon a	7712
misdemeanor offender and place the offender under a community	7713
control sanction pursuant to section 2929.25 of the Revised Code,	7714
to require a misdemeanor or felony offender to perform supervised	7715
community service work in accordance with division (B) of section	7716
2951.02 of the Revised Code, or to place a felony offender under a	7717
community control sanction.	7718

(G)(1) If a court suspends an offender's driver's or	7719
commercial driver's license or permit or nonresident operating	7720
privilege under division (E)(5)(d) of this section, the period of	7721
the suspension shall be consecutive to, and commence after, the	7722
period of suspension of the offender's driver's or commercial	7723
driver's license or permit or nonresident operating privilege that	7724
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	7725
Revised Code or under any other provision of law in relation to	7726
the violation of division (C) of this section that is the basis of	7727
the suspension under division (E)(5)(d) of this section or in	7728
relation to the violation of division (A) of section 4511.19 of	7729
the Revised Code that is the basis for that violation of division	7730
(C) of this section.	7731

(2) An offender is not entitled to request, and the court	7732
shall not grant to the offender, limited driving privileges if the	7733
offender's license, permit, or privilege has been suspended under	7734
division (E)(5)(d) of this section and the offender, within the	7735
preceding six years, has been convicted of or pleaded guilty to	7736
three or more violations of one or more of the following:	7737

(a) Division (C) of this section;

7738

(b) Any equivalent offense, as defined in section 4511.181 of	7739
the Revised Code.	7740

(H)(1) If a person violates division (C) of this section and	7741
if, at the time of the violation, there were two or more children	7742
under eighteen years of age in the motor vehicle involved in the	7743
violation, the offender may be convicted of a violation of	7744
division (C) of this section for each of the children, but the	7745
court may sentence the offender for only one of the violations.	7746

(2)(a) If a person is convicted of or pleads guilty to a	7747
violation of division (C) of this section but the person is not	7748
also convicted of and does not also plead guilty to a separate	7749
charge charging the violation of division (A) of section 4511.19	7750
of the Revised Code that was the basis of the charge of the	7751
violation of division (C) of this section, both of the following	7752
apply:	7753

(i) For purposes of the provisions of section 4511.19 of the	7754
Revised Code that set forth the penalties and sanctions for a	7755
violation of division (A) of section 4511.19 of the Revised Code,	7756
the conviction of or plea of guilty to the violation of division	7757
(C) of this section shall not constitute a violation of division	7758
(A) of section 4511.19 of the Revised Code;	7759

(ii) For purposes of any provision of law that refers to a	7760
conviction of or plea of guilty to a violation of division (A) of	7761
section 4511.19 of the Revised Code and that is not described in	7762
division (H)(2)(a)(i) of this section, the conviction of or plea	7763
of guilty to the violation of division (C) of this section shall	7764
constitute a conviction of or plea of guilty to a violation of	7765
division (A) of section 4511.19 of the Revised Code.	7766

(b) If a person is convicted of or pleads guilty to a	7767
violation of division (C) of this section and the person also is	7768
convicted of or pleads guilty to a separate charge charging the	7769
violation of division (A) of section 4511.19 of the Revised Code	7770
that was the basis of the charge of the violation of division (C)	7771
of this section, the conviction of or plea of guilty to the	7772
violation of division (C) of this section shall not constitute,	7773
for purposes of any provision of law that refers to a conviction	7774
of or plea of guilty to a violation of division (A) of section	7775
4511.19 of the Revised Code, a conviction of or plea of guilty to	7776
a violation of division (A) of section 4511.19 of the Revised	7777
Code.	7778

(I) As used in this section:

7779

(1) "Community control sanction" has the same meaning as in	7780
section 2929.01 of the Revised Code;	7781

(2) "Limited driving privileges" has the same meaning as in	7782
section 4501.01 of the Revised Code;	7783

(3) "Methamphetamine" has the same meaning as in section	7784
2925.01 of the Revised Code.	7785

Sec. 2921.13. (A) No person shall knowingly make a false	7786
statement, or knowingly swear or affirm the truth of a false	7787
statement previously made, when any of the following applies:	7788

(1) The statement is made in any official proceeding.

7789

(2) The statement is made with purpose to incriminate	7790
another.	7791

(3) The statement is made with purpose to mislead a public	7792
official in performing the public official's official function.	7793

(4) The statement is made with purpose to secure the payment	7794
of unemployment compensation; Ohio works first; prevention,	7795
retention, and contingency benefits and services; disability	7796
financial assistance; retirement benefits; economic development	7797
assistance, as defined in section 9.66 of the Revised Code; or	7798
other benefits administered by a governmental agency or paid out	7799
of a public treasury.	7800

(5) The statement is made with purpose to secure the issuance	7801
by a governmental agency of a license, permit, authorization,	7802
certificate, registration, release, or provider agreement.	7803

(6) The statement is sworn or affirmed before a notary public	7804
or another person empowered to administer oaths.	7805

(7) The statement is in writing on or in connection with a	7806
report or return that is required or authorized by law.	7807

(8) The statement is in writing and is made with purpose to	7808
induce another to extend credit to or employ the offender, to	7809
confer any degree, diploma, certificate of attainment, award of	7810
excellence, or honor on the offender, or to extend to or bestow	7811
upon the offender any other valuable benefit or distinction, when	7812
the person to whom the statement is directed relies upon it to	7813
that person's detriment.	7814

(9) The statement is made with purpose to commit or	7815
facilitate the commission of a theft offense.	7816

(10) The statement is knowingly made to a probate court in	7817
connection with any action, proceeding, or other matter within its	7818
jurisdiction, either orally or in a written document, including,	7819
but not limited to, an application, petition, complaint, or other	7820
pleading, or an inventory, account, or report.	7821

(11) The statement is made on an account, form, record,	7822
stamp, label, or other writing that is required by law.	7823

(12) The statement is made in connection with the purchase of	7824
a firearm, as defined in section 2923.11 of the Revised Code, and	7825
in conjunction with the furnishing to the seller of the firearm of	7826
a fictitious or altered driver's or commercial driver's license or	7827
permit, a fictitious or altered identification card, or any other	7828
document that contains false information about the purchaser's	7829
identity.	7830

(13) The statement is made in a document or instrument of	7831
writing that purports to be a judgment, lien, or claim of	7832
indebtedness and is filed or recorded with the secretary of state,	7833
a county recorder, or the clerk of a court of record.	7834

(14) The statement is made in an application filed with a	7835
county sheriff pursuant to section 2923.125 of the Revised Code in	7836
order to obtain or renew a license to carry a concealed handgun or	7837
is made in an affidavit submitted to a county sheriff to obtain a	7838
temporary emergency license to carry a concealed handgun under	7839
section 2923.1213 of the Revised Code.	7840

(15) The statement is required under section 5743.71 of the	7841
Revised Code in connection with the person's purchase of	7842
cigarettes or tobacco products in a delivery sale.	7843

(B) No person, in connection with the purchase of a firearm,	7844
as defined in section 2923.11 of the Revised Code, shall knowingly	7845
furnish to the seller of the firearm a fictitious or altered	7846
driver's or commercial driver's license or permit, a fictitious or	7847
altered identification card, or any other document that contains	7848
false information about the purchaser's identity.	7849

(C) No person, in an attempt to obtain a license to carry a	7850
concealed handgun under section 2923.125 of the Revised Code,	7851
shall knowingly present to a sheriff a fictitious or altered	7852
document that purports to be certification of the person's	7853
competence in handling a handgun as described in division (B)(3)	7854
of section 2923.125 of the Revised Code.	7855

(D) It is no defense to a charge under division (A)(6) of	7856
this section that the oath or affirmation was administered or	7857
taken in an irregular manner.	7858

(E) If contradictory statements relating to the same fact are	7859
made by the offender within the period of the statute of	7860
limitations for falsification, it is not necessary for the	7861
prosecution to prove which statement was false but only that one	7862
or the other was false.	7863

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	7864
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	7865
of falsification, a misdemeanor of the first degree.	7866

(2) Whoever violates division (A)(9) of this section is	7867
guilty of falsification in a theft offense. Except as otherwise	7868
provided in this division, falsification in a theft offense is a	7869
misdemeanor of the first degree. If the value of the property or	7870
services stolen is ~~five hundred~~one thousand dollars or more and	7871
is less than ~~five~~seven thousand five hundred dollars,	7872
falsification in a theft offense is a felony of the fifth degree.	7873
If the value of the property or services stolen is ~~five~~seven	7874
thousand five hundred dollars or more and is less than one hundred	7875
fifty thousand dollars, falsification in a theft offense is a	7876
felony of the fourth degree. If the value of the property or	7877
services stolen is one hundred fifty thousand dollars or more,	7878
falsification in a theft offense is a felony of the third degree.	7879

(3) Whoever violates division (A)(12) or (B) of this section	7880
is guilty of falsification to purchase a firearm, a felony of the	7881
fifth degree.	7882

(4) Whoever violates division (A)(14) or (C) of this section	7883
is guilty of falsification to obtain a concealed handgun license,	7884
a felony of the fourth degree.	7885

(G) A person who violates this section is liable in a civil	7886
action to any person harmed by the violation for injury, death, or	7887
loss to person or property incurred as a result of the commission	7888
of the offense and for reasonable attorney's fees, court costs,	7889
and other expenses incurred as a result of prosecuting the civil	7890
action commenced under this division. A civil action under this	7891
division is not the exclusive remedy of a person who incurs	7892
injury, death, or loss to person or property as a result of a	7893
violation of this section.	7894

Sec. 2921.34. (A)(1) No person, knowing the person is under	7895
detention, other than supervised release detention, or being	7896
reckless in that regard, shall purposely break or attempt to break	7897
the detention, or purposely fail to return to detention, either	7898
following temporary leave granted for a specific purpose or	7899
limited period, or at the time required when serving a sentence in	7900
intermittent confinement.	7901

(2)(a) Division (A)(2)(b) of this section applies to any	7902
person who is sentenced to a prison term pursuant to division	7903
(A)(3) or (B) of section 2971.03 of the Revised Code.	7904

(b) No person to whom this division applies, for whom the	7905
requirement that the entire prison term imposed upon the person	7906
pursuant to division (A)(3) or (B) of section 2971.03 of the	7907
Revised Code be served in a state correctional institution has	7908
been modified pursuant to section 2971.05 of the Revised Code, and	7909
who, pursuant to that modification, is restricted to a geographic	7910
area, knowing that the person is under a geographic restriction or	7911
being reckless in that regard, shall purposely leave the	7912
geographic area to which the restriction applies or purposely fail	7913
to return to that geographic area following a temporary leave	7914
granted for a specific purpose or for a limited period of time.	7915

(3) No person, knowing the person is under supervised release	7916
detention or being reckless in that regard, shall purposely break	7917
or attempt to break the supervised release detention or purposely	7918
fail to return to the supervised release detention, either	7919
following temporary leave granted for a specific purpose or	7920
limited period, or at the time required when serving a sentence in	7921
intermittent confinement.	7922

(B) Irregularity in bringing about or maintaining detention,	7923
or lack of jurisdiction of the committing or detaining authority,	7924
is not a defense to a charge under this section if the detention	7925
is pursuant to judicial order or in a detention facility. In the	7926
case of any other detention, irregularity or lack of jurisdiction	7927
is an affirmative defense only if either of the following occurs:	7928

(1) The escape involved no substantial risk of harm to the	7929
person or property of another.	7930

(2) The detaining authority knew or should have known there	7931
was no legal basis or authority for the detention.	7932

7933

(1) If the offender violates division (A)(1) or (2) of this	7934
section, if the offender, at the time of the commission of the	7935
offense, was under detention as an alleged or adjudicated	7936
delinquent child or unruly child, and if the act for which the	7937
offender was under detention would not be a felony if committed by	7938
an adult, escape is a misdemeanor of the first degree.	7939

(2) If the offender violates division (A)(1) or (2) of this	7940
section and if either the offender, at the time of the commission	7941
of the offense, was under detention in any other manner or if the	7942
offender is a person for whom the requirement that the entire	7943
prison term imposed upon the person pursuant to division (A)(3) or	7944
(B) of section 2971.03 of the Revised Code be served in a state	7945
correctional institution has been modified pursuant to section	7946
2971.05 of the Revised Code, escape is one of the following:	7947

(a) A felony of the second degree, when the most serious	7948
offense for which the person was under detention or for which the	7949
person had been sentenced to the prison term under division	7950
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	7951
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	7952
is aggravated murder, murder, or a felony of the first or second	7953
degree or, if the person was under detention as an alleged or	7954
adjudicated delinquent child, when the most serious act for which	7955
the person was under detention would be aggravated murder, murder,	7956
or a felony of the first or second degree if committed by an	7957
adult;	7958

(b) A felony of the third degree, when the most serious	7959
offense for which the person was under detention or for which the	7960
person had been sentenced to the prison term under division	7961
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	7962
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	7963
is a felony of the third, fourth, or fifth degree or an	7964
unclassified felony or, if the person was under detention as an	7965
alleged or adjudicated delinquent child, when the most serious act	7966
for which the person was under detention would be a felony of the	7967
third, fourth, or fifth degree or an unclassified felony if	7968
committed by an adult;	7969

(c) A felony of the fifth degree, when any of the following	7970
applies:	7971

(i) The most serious offense for which the person was under	7972
detention is a misdemeanor.	7973

(ii) The person was found not guilty by reason of insanity,	7974
and the person's detention consisted of hospitalization,	7975
institutionalization, or confinement in a facility under an order	7976
made pursuant to or under authority of section 2945.40, 2945.401,	7977
or 2945.402 of the Revised Code.	7978

(d) A misdemeanor of the first degree, when the most serious	7979
offense for which the person was under detention is a misdemeanor	7980
and when the person fails to return to detention at a specified	7981
time following temporary leave granted for a specific purpose or	7982
limited period or at the time required when serving a sentence in	7983
intermittent confinement.	7984

(3) If the offender violates division (A)(3) of this section,	7985
except as otherwise provided in this division, escape is a felony	7986
of the fifth degree. If the offender violates division (A)(3) of	7987
this section and if, at the time of the commission of the offense,	7988
the most serious offense for which the offender was under	7989
supervised release detention was aggravated murder, murder, any	7990
other offense for which a sentence of life imprisonment was	7991
imposed, or a felony of the first or second degree, escape is a	7992
felony of the fourth degree.	7993

(D) As used in this section, "supervised release detention"	7994
means detention that is supervision of a person by an employee of	7995
the department of rehabilitation and correction while the person	7996
is on any type of release from a state correctional institution,	7997
other than transitional control under section 2967.26 of the	7998
Revised Code or placement in a community-based correctional	7999
facility by the parole board under section 2967.28 of the Revised	8000
Code.	8001

Sec. 2921.41. (A) No public official or party official shall	8002
commit any theft offense, as defined in division (K) of section	8003
2913.01 of the Revised Code, when either of the following applies:	8004

(1) The offender uses the offender's office in aid of	8005
committing the offense or permits or assents to its use in aid of	8006
committing the offense;	8007

(2) The property or service involved is owned by this state,	8008
any other state, the United States, a county, a municipal	8009
corporation, a township, or any political subdivision, department,	8010
or agency of any of them, is owned by a political party, or is	8011
part of a political campaign fund.	8012

(B) Whoever violates this section is guilty of theft in	8013
office. Except as otherwise provided in this division, theft in	8014
office is a felony of the fifth degree. If the value of property	8015
or services stolen is ~~five hundred~~one thousand dollars or more	8016
and is less than ~~five~~seven thousand five hundred dollars, theft	8017
in office is a felony of the fourth degree. If the value of	8018
property or services stolen is ~~five~~seven thousand five hundred	8019
dollars or more, theft in office is a felony of the third degree.	8020

(C)(1) A public official or party official who pleads guilty	8021
to theft in office and whose plea is accepted by the court or a	8022
public official or party official against whom a verdict or	8023
finding of guilt for committing theft in office is returned is	8024
forever disqualified from holding any public office, employment,	8025
or position of trust in this state.	8026

(2)(a) A court that imposes sentence for a violation of this	8027
section based on conduct described in division (A)(2) of this	8028
section shall require the public official or party official who is	8029
convicted of or pleads guilty to the offense to make restitution	8030
for all of the property or the service that is the subject of the	8031
offense, in addition to the term of imprisonment and any fine	8032
imposed. A court that imposes sentence for a violation of this	8033
section based on conduct described in division (A)(1) of this	8034
section and that determines at trial that this state or a	8035
political subdivision of this state if the offender is a public	8036
official, or a political party in the United States or this state	8037
if the offender is a party official, suffered actual loss as a	8038
result of the offense shall require the offender to make	8039
restitution to the state, political subdivision, or political	8040
party for all of the actual loss experienced, in addition to the	8041
term of imprisonment and any fine imposed.	8042

(b)(i) In any case in which a sentencing court is required to	8043
order restitution under division (C)(2)(a) of this section and in	8044
which the offender, at the time of the commission of the offense	8045
or at any other time, was a member of the public employees	8046
retirement system, the Ohio police and fire pension fund, the	8047
state teachers retirement system, the school employees retirement	8048
system, or the state highway patrol retirement system; was an	8049
electing employee, as defined in section 3305.01 of the Revised	8050
Code, participating in an alternative retirement plan provided	8051
pursuant to Chapter 3305. of the Revised Code; was a participating	8052
employee or continuing member, as defined in section 148.01 of the	8053
Revised Code, in a deferred compensation program offered by the	8054
Ohio public employees deferred compensation board; was an officer	8055
or employee of a municipal corporation who was a participant in a	8056
deferred compensation program offered by that municipal	8057
corporation; was an officer or employee of a government unit, as	8058
defined in section 148.06 of the Revised Code, who was a	8059
participant in a deferred compensation program offered by that	8060
government unit, or was a participating employee, continuing	8061
member, or participant in any deferred compensation program	8062
described in this division and a member of a retirement system	8063
specified in this division or a retirement system of a municipal	8064
corporation, the entity to which restitution is to be made may	8065
file a motion with the sentencing court specifying any retirement	8066
system, any provider as defined in section 3305.01 of the Revised	8067
Code, and any deferred compensation program of which the offender	8068
was a member, electing employee, participating employee,	8069
continuing member, or participant and requesting the court to	8070
issue an order requiring the specified retirement system, the	8071
specified provider under the alternative retirement plan, or the	8072
specified deferred compensation program, or, if more than one is	8073
specified in the motion, the applicable combination of these, to	8074
withhold the amount required as restitution from any payment that	8075
is to be made under a pension, annuity, or allowance, under an	8076
option in the alternative retirement plan, under a participant	8077
account, as defined in section 148.01 of the Revised Code, or	8078
under any other type of benefit, other than a survivorship	8079
benefit, that has been or is in the future granted to the	8080
offender, from any payment of accumulated employee contributions	8081
standing to the offender's credit with that retirement system,	8082
that provider of the option under the alternative retirement plan,	8083
or that deferred compensation program, or, if more than one is	8084
specified in the motion, the applicable combination of these, and	8085
from any payment of any other amounts to be paid to the offender	8086
upon the offender's withdrawal of the offender's contributions	8087
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	8088
the Revised Code. A motion described in this division may be filed	8089
at any time subsequent to the conviction of the offender or entry	8090
of a guilty plea. Upon the filing of the motion, the clerk of the	8091
court in which the motion is filed shall notify the offender, the	8092
specified retirement system, the specified provider under the	8093
alternative retirement plan, or the specified deferred	8094
compensation program, or, if more than one is specified in the	8095
motion, the applicable combination of these, in writing, of all of	8096
the following: that the motion was filed; that the offender will	8097
be granted a hearing on the issuance of the requested order if the	8098
offender files a written request for a hearing with the clerk	8099
prior to the expiration of thirty days after the offender receives	8100
the notice; that, if a hearing is requested, the court will	8101
schedule a hearing as soon as possible and notify the offender,	8102
any specified retirement system, any specified provider under an	8103
alternative retirement plan, and any specified deferred	8104
compensation program of the date, time, and place of the hearing;	8105
that, if a hearing is conducted, it will be limited only to a	8106
consideration of whether the offender can show good cause why the	8107
requested order should not be issued; that, if a hearing is	8108
conducted, the court will not issue the requested order if the	8109
court determines, based on evidence presented at the hearing by	8110
the offender, that there is good cause for the requested order not	8111
to be issued; that the court will issue the requested order if a	8112
hearing is not requested or if a hearing is conducted but the	8113
court does not determine, based on evidence presented at the	8114
hearing by the offender, that there is good cause for the	8115
requested order not to be issued; and that, if the requested order	8116
is issued, any retirement system, any provider under an	8117
alternative retirement plan, and any deferred compensation program	8118
specified in the motion will be required to withhold the amount	8119
required as restitution from payments to the offender.	8120

(ii) In any case in which a sentencing court is required to	8121
order restitution under division (C)(2)(a) of this section and in	8122
which a motion requesting the issuance of a withholding order as	8123
described in division (C)(2)(b)(i) of this section is filed, the	8124
offender may receive a hearing on the motion by delivering a	8125
written request for a hearing to the court prior to the expiration	8126
of thirty days after the offender's receipt of the notice provided	8127
pursuant to division (C)(2)(b)(i) of this section. If a request	8128
for a hearing is made by the offender within the prescribed time,	8129
the court shall schedule a hearing as soon as possible after the	8130
request is made and shall notify the offender, the specified	8131
retirement system, the specified provider under the alternative	8132
retirement plan, or the specified deferred compensation program,	8133
or, if more than one is specified in the motion, the applicable	8134
combination of these, of the date, time, and place of the hearing.	8135
A hearing scheduled under this division shall be limited to a	8136
consideration of whether there is good cause, based on evidence	8137
presented by the offender, for the requested order not to be	8138
issued. If the court determines, based on evidence presented by	8139
the offender, that there is good cause for the order not to be	8140
issued, the court shall deny the motion and shall not issue the	8141
requested order. If the offender does not request a hearing within	8142
the prescribed time or if the court conducts a hearing but does	8143
not determine, based on evidence presented by the offender, that	8144
there is good cause for the order not to be issued, the court	8145
shall order the specified retirement system, the specified	8146
provider under the alternative retirement plan, or the specified	8147
deferred compensation program, or, if more than one is specified	8148
in the motion, the applicable combination of these, to withhold	8149
the amount required as restitution under division (C)(2)(a) of	8150
this section from any payments to be made under a pension,	8151
annuity, or allowance, under a participant account, as defined in	8152
section 148.01 of the Revised Code, under an option in the	8153
alternative retirement plan, or under any other type of benefit,	8154
other than a survivorship benefit, that has been or is in the	8155
future granted to the offender, from any payment of accumulated	8156
employee contributions standing to the offender's credit with that	8157
retirement system, that provider under the alternative retirement	8158
plan, or that deferred compensation program, or, if more than one	8159
is specified in the motion, the applicable combination of these,	8160
and from any payment of any other amounts to be paid to the	8161
offender upon the offender's withdrawal of the offender's	8162
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	8163
or 5505. of the Revised Code, and to continue the withholding for	8164
that purpose, in accordance with the order, out of each payment to	8165
be made on or after the date of issuance of the order, until	8166
further order of the court. Upon receipt of an order issued under	8167
this division, the public employees retirement system, the Ohio	8168
police and fire pension fund, the state teachers retirement	8169
system, the school employees retirement system, the state highway	8170
patrol retirement system, a municipal corporation retirement	8171
system, the provider under the alternative retirement plan, and	8172
the deferred compensation program offered by the Ohio public	8173
employees deferred compensation board, a municipal corporation, or	8174
a government unit, as defined in section 148.06 of the Revised	8175
Code, whichever are applicable, shall withhold the amount required	8176
as restitution, in accordance with the order, from any such	8177
payments and immediately shall forward the amount withheld to the	8178
clerk of the court in which the order was issued for payment to	8179
the entity to which restitution is to be made.	8180

(iii) Service of a notice required by division (C)(2)(b)(i)	8181
or (ii) of this section shall be effected in the same manner as	8182
provided in the Rules of Civil Procedure for the service of	8183
process.	8184

(D) Upon the filing of charges against a person under this	8185
section, the prosecutor, as defined in section 2935.01 of the	8186
Revised Code, who is assigned the case shall send written notice	8187
that charges have been filed against that person to the public	8188
employees retirement system, the Ohio police and fire pension	8189
fund, the state teachers retirement system, the school employees	8190
retirement system, the state highway patrol retirement system, the	8191
provider under an alternative retirement plan, any municipal	8192
corporation retirement system in this state, and the deferred	8193
compensation program offered by the Ohio public employees deferred	8194
compensation board, a municipal corporation, or a government unit,	8195
as defined in section 148.06 of the Revised Code. The written	8196
notice shall specifically identify the person charged.	8197

Sec. 2923.01. (A) No person, with purpose to commit or to	8198
promote or facilitate the commission of aggravated murder, murder,	8199
kidnapping, abduction, compelling prostitution, promoting	8200
prostitution, trafficking in persons, aggravated arson, arson,	8201
aggravated robbery, robbery, aggravated burglary, burglary,	8202
trespassing in a habitation when a person is present or likely to	8203
be present, engaging in a pattern of corrupt activity, corrupting	8204
another with drugs, a felony drug trafficking, manufacturing,	8205
processing, or possession offense, theft of drugs, or illegal	8206
processing of drug documents, the commission of a felony offense	8207
of unauthorized use of a vehicle, illegally transmitting multiple	8208
commercial electronic mail messages or unauthorized access of a	8209
computer in violation of section 2923.421 of the Revised Code, or	8210
the commission of a violation of any provision of Chapter 3734. of	8211
the Revised Code, other than section 3734.18 of the Revised Code,	8212
that relates to hazardous wastes, shall do either of the	8213
following:	8214

(1) With another person or persons, plan or aid in planning	8215
the commission of any of the specified offenses;	8216

(2) Agree with another person or persons that one or more of	8217
them will engage in conduct that facilitates the commission of any	8218
of the specified offenses.	8219

(B) No person shall be convicted of conspiracy unless a	8220
substantial overt act in furtherance of the conspiracy is alleged	8221
and proved to have been done by the accused or a person with whom	8222
the accused conspired, subsequent to the accused's entrance into	8223
the conspiracy. For purposes of this section, an overt act is	8224
substantial when it is of a character that manifests a purpose on	8225
the part of the actor that the object of the conspiracy should be	8226
completed.	8227

(C) When the offender knows or has reasonable cause to	8228
believe that a person with whom the offender conspires also has	8229
conspired or is conspiring with another to commit the same	8230
offense, the offender is guilty of conspiring with that other	8231
person, even though the other person's identity may be unknown to	8232
the offender.	8233

(D) It is no defense to a charge under this section that, in	8234
retrospect, commission of the offense that was the object of the	8235
conspiracy was impossible under the circumstances.	8236

(E) A conspiracy terminates when the offense or offenses that	8237
are its objects are committed or when it is abandoned by all	8238
conspirators. In the absence of abandonment, it is no defense to a	8239
charge under this section that no offense that was the object of	8240
the conspiracy was committed.	8241

(F) A person who conspires to commit more than one offense is	8242
guilty of only one conspiracy, when the offenses are the object of	8243
the same agreement or continuous conspiratorial relationship.	8244

(G) When a person is convicted of committing or attempting to	8245
commit a specific offense or of complicity in the commission of or	8246
attempt to commit the specific offense, the person shall not be	8247
convicted of conspiracy involving the same offense.	8248

(H)(1) No person shall be convicted of conspiracy upon the	8249
testimony of a person with whom the defendant conspired,	8250
unsupported by other evidence.	8251

(2) If a person with whom the defendant allegedly has	8252
conspired testifies against the defendant in a case in which the	8253
defendant is charged with conspiracy and if the testimony is	8254
supported by other evidence, the court, when it charges the jury,	8255
shall state substantially the following:	8256

"The testimony of an accomplice that is supported by other	8257
evidence does not become inadmissible because of the accomplice's	8258
complicity, moral turpitude, or self-interest, but the admitted or	8259
claimed complicity of a witness may affect the witness'	8260
credibility and make the witness' testimony subject to grave	8261
suspicion, and require that it be weighed with great caution.	8262

It is for you, as jurors, in the light of all the facts	8263
presented to you from the witness stand, to evaluate such	8264
testimony and to determine its quality and worth or its lack of	8265
quality and worth."	8266

(3) "Conspiracy," as used in division (H)(1) of this section,	8267
does not include any conspiracy that results in an attempt to	8268
commit an offense or in the commission of an offense.	8269

(I) The following are affirmative defenses to a charge of	8270
conspiracy:	8271

(1) After conspiring to commit an offense, the actor thwarted	8272
the success of the conspiracy under circumstances manifesting a	8273
complete and voluntary renunciation of the actor's criminal	8274
purpose.	8275

(2) After conspiring to commit an offense, the actor	8276
abandoned the conspiracy prior to the commission of or attempt to	8277
commit any offense that was the object of the conspiracy, either	8278
by advising all other conspirators of the actor's abandonment, or	8279
by informing any law enforcement authority of the existence of the	8280
conspiracy and of the actor's participation in the conspiracy.	8281

(J) Whoever violates this section is guilty of conspiracy,	8282
which is one of the following:	8283

(1) A felony of the first degree, when one of the objects of	8284
the conspiracy is aggravated murder, murder, or an offense for	8285
which the maximum penalty is imprisonment for life;	8286

(2) A felony of the next lesser degree than the most serious	8287
offense that is the object of the conspiracy, when the most	8288
serious offense that is the object of the conspiracy is a felony	8289
of the first, second, third, or fourth degree;	8290

(3) A felony punishable by a fine of not more than	8291
twenty-five thousand dollars or imprisonment for not more than	8292
eighteen months, or both, when the offense that is the object of	8293
the conspiracy is a violation of any provision of Chapter 3734. of	8294
the Revised Code, other than section 3734.18 of the Revised Code,	8295
that relates to hazardous wastes;	8296

(4) A misdemeanor of the first degree, when the most serious	8297
offense that is the object of the conspiracy is a felony of the	8298
fifth degree.	8299

(K) This section does not define a separate conspiracy	8300
offense or penalty where conspiracy is defined as an offense by	8301
one or more sections of the Revised Code, other than this section.	8302
In such a case, however:	8303

(1) With respect to the offense specified as the object of	8304
the conspiracy in the other section or sections, division (A) of	8305
this section defines the voluntary act or acts and culpable mental	8306
state necessary to constitute the conspiracy;	8307

(2) Divisions (B) to (I) of this section are incorporated by	8308
reference in the conspiracy offense defined by the other section	8309
or sections of the Revised Code.	8310

(L)(1) In addition to the penalties that otherwise are	8311
imposed for conspiracy, a person who is found guilty of conspiracy	8312
to engage in a pattern of corrupt activity is subject to divisions	8313
(B)(2) and (3) of section 2923.32, division (A) of section	8314
2981.04, and division (D) of section 2981.06 of the Revised Code.	8315

(2) If a person is convicted of or pleads guilty to	8316
conspiracy and if the most serious offense that is the object of	8317
the conspiracy is a felony drug trafficking, manufacturing,	8318
processing, or possession offense, in addition to the penalties or	8319
sanctions that may be imposed for the conspiracy under division	8320
(J)(2) or (4) of this section and Chapter 2929. of the Revised	8321
Code, both of the following apply:	8322

(a) The provisions of divisions (D), (F), and (G) of section	8323
2925.03, division (D) of section 2925.04, division (D) of section	8324
2925.05, division (D) of section 2925.06, and division (E) of	8325
section 2925.11 of the Revised Code that pertain to mandatory and	8326
additional fines, driver's or commercial driver's license or	8327
permit suspensions, and professionally licensed persons and that	8328
would apply under the appropriate provisions of those divisions to	8329
a person who is convicted of or pleads guilty to the felony drug	8330
trafficking, manufacturing, processing, or possession offense that	8331
is the most serious offense that is the basis of the conspiracy	8332
shall apply to the person who is convicted of or pleads guilty to	8333
the conspiracy as if the person had been convicted of or pleaded	8334
guilty to the felony drug trafficking, manufacturing, processing,	8335
or possession offense that is the most serious offense that is the	8336
basis of the conspiracy.	8337

(b) The court that imposes sentence upon the person who is	8338
convicted of or pleads guilty to the conspiracy shall comply with	8339
the provisions identified as being applicable under division	8340
(L)(2) of this section, in addition to any other penalty or	8341
sanction that it imposes for the conspiracy under division (J)(2)	8342
or (4) of this section and Chapter 2929. of the Revised Code.	8343

(M) As used in this section:

8344

(1) "Felony drug trafficking, manufacturing, processing, or	8345
possession offense" means any of the following that is a felony:	8346

(a) A violation of section 2925.03, 2925.04, 2925.05, or	8347
2925.06 of the Revised Code;	8348

(b) A violation of section 2925.11 of the Revised Code that	8349
is not a minor drug possession offense.	8350

(2) "Minor drug possession offense" has the same meaning as	8351
in section 2925.01 of the Revised Code.	8352

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	8353
Revised Code:	8354

(A) "Beneficial interest" means any of the following:

8355

(1) The interest of a person as a beneficiary under a trust	8356
in which the trustee holds title to personal or real property;	8357

(2) The interest of a person as a beneficiary under any other	8358
trust arrangement under which any other person holds title to	8359
personal or real property for the benefit of such person;	8360

(3) The interest of a person under any other form of express	8361
fiduciary arrangement under which any other person holds title to	8362
personal or real property for the benefit of such person.	8363

"Beneficial interest" does not include the interest of a	8364
stockholder in a corporation or the interest of a partner in	8365
either a general or limited partnership.	8366

(B) "Costs of investigation and prosecution" and "costs of	8367
investigation and litigation" mean all of the costs incurred by	8368
the state or a county or municipal corporation under sections	8369
2923.31 to 2923.36 of the Revised Code in the prosecution and	8370
investigation of any criminal action or in the litigation and	8371
investigation of any civil action, and includes, but is not	8372
limited to, the costs of resources and personnel.	8373

(C) "Enterprise" includes any individual, sole	8374
proprietorship, partnership, limited partnership, corporation,	8375
trust, union, government agency, or other legal entity, or any	8376
organization, association, or group of persons associated in fact	8377
although not a legal entity. "Enterprise" includes illicit as well	8378
as licit enterprises.	8379

(D) "Innocent person" includes any bona fide purchaser of	8380
property that is allegedly involved in a violation of section	8381
2923.32 of the Revised Code, including any person who establishes	8382
a valid claim to or interest in the property in accordance with	8383
division (E) of section 2981.04 of the Revised Code, and any	8384
victim of an alleged violation of that section or of any	8385
underlying offense involved in an alleged violation of that	8386
section.	8387

(E) "Pattern of corrupt activity" means two or more incidents	8388
of corrupt activity, whether or not there has been a prior	8389
conviction, that are related to the affairs of the same	8390
enterprise, are not isolated, and are not so closely related to	8391
each other and connected in time and place that they constitute a	8392
single event.	8393

At least one of the incidents forming the pattern shall occur	8394
on or after January 1, 1986. Unless any incident was an aggravated	8395
murder or murder, the last of the incidents forming the pattern	8396
shall occur within six years after the commission of any prior	8397
incident forming the pattern, excluding any period of imprisonment	8398
served by any person engaging in the corrupt activity.	8399

For the purposes of the criminal penalties that may be	8400
imposed pursuant to section 2923.32 of the Revised Code, at least	8401
one of the incidents forming the pattern shall constitute a felony	8402
under the laws of this state in existence at the time it was	8403
committed or, if committed in violation of the laws of the United	8404
States or of any other state, shall constitute a felony under the	8405
law of the United States or the other state and would be a	8406
criminal offense under the law of this state if committed in this	8407
state.	8408

(F) "Pecuniary value" means money, a negotiable instrument, a	8409
commercial interest, or anything of value, as defined in section	8410
1.03 of the Revised Code, or any other property or service that	8411
has a value in excess of one hundred dollars.	8412

(G) "Person" means any person, as defined in section 1.59 of	8413
the Revised Code, and any governmental officer, employee, or	8414
entity.	8415

(H) "Personal property" means any personal property, any	8416
interest in personal property, or any right, including, but not	8417
limited to, bank accounts, debts, corporate stocks, patents, or	8418
copyrights. Personal property and any beneficial interest in	8419
personal property are deemed to be located where the trustee of	8420
the property, the personal property, or the instrument evidencing	8421
the right is located.	8422

(I) "Corrupt activity" means engaging in, attempting to	8423
engage in, conspiring to engage in, or soliciting, coercing, or	8424
intimidating another person to engage in any of the following:	8425

(1) Conduct defined as "racketeering activity" under the	8426
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	8427
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	8428

(2) Conduct constituting any of the following:

8429

(a) A violation of section 1315.55, 1322.02, 2903.01,	8430
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	8431
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	8432
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	8433
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	8434
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	8435
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	8436
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	8437
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	8438
section 1707.44; division (A)(1) or (2) of section 2923.20;	8439
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	8440
4719.06; division (C), (D), or (E) of section 4719.07; section	8441
4719.08; or division (A) of section 4719.09 of the Revised Code.	8442

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	8443
3769.19 of the Revised Code as it existed prior to July 1, 1996,	8444
any violation of section 2915.02 of the Revised Code that occurs	8445
on or after July 1, 1996, and that, had it occurred prior to that	8446
date, would have been a violation of section 3769.11 of the	8447
Revised Code as it existed prior to that date, or any violation of	8448
section 2915.05 of the Revised Code that occurs on or after July	8449
1, 1996, and that, had it occurred prior to that date, would have	8450
been a violation of section 3769.15, 3769.16, or 3769.19 of the	8451
Revised Code as it existed prior to that date.	8452

(c) Any violation of section 2907.21, 2907.22, 2907.31,	8453
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	8454
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	8455
of the Revised Code, any violation of section 2925.11 of the	8456
Revised Code that is a felony of the first, second, third, or	8457
fourth degree and that occurs on or after July 1, 1996, any	8458
violation of section 2915.02 of the Revised Code that occurred	8459
prior to July 1, 1996, any violation of section 2915.02 of the	8460
Revised Code that occurs on or after July 1, 1996, and that, had	8461
it occurred prior to that date, would not have been a violation of	8462
section 3769.11 of the Revised Code as it existed prior to that	8463
date, any violation of section 2915.06 of the Revised Code as it	8464
existed prior to July 1, 1996, or any violation of division (B) of	8465
section 2915.05 of the Revised Code as it exists on and after July	8466
1, 1996, when the proceeds of the violation, the payments made in	8467
the violation, the amount of a claim for payment or for any other	8468
benefit that is false or deceptive and that is involved in the	8469
violation, or the value of the contraband or other property	8470
illegally possessed, sold, or purchased in the violation exceeds	8471
~~five hundred~~one thousand dollars, or any combination of	8472
violations described in division (I)(2)(c) of this section when	8473
the total proceeds of the combination of violations, payments made	8474
in the combination of violations, amount of the claims for payment	8475
or for other benefits that is false or deceptive and that is	8476
involved in the combination of violations, or value of the	8477
contraband or other property illegally possessed, sold, or	8478
purchased in the combination of violations exceeds ~~five hundred~~	8479
one thousand dollars;	8480

(d) Any violation of section 5743.112 of the Revised Code	8481
when the amount of unpaid tax exceeds one hundred dollars;	8482

(e) Any violation or combination of violations of section	8483
2907.32 of the Revised Code involving any material or performance	8484
containing a display of bestiality or of sexual conduct, as	8485
defined in section 2907.01 of the Revised Code, that is explicit	8486
and depicted with clearly visible penetration of the genitals or	8487
clearly visible penetration by the penis of any orifice when the	8488
total proceeds of the violation or combination of violations, the	8489
payments made in the violation or combination of violations, or	8490
the value of the contraband or other property illegally possessed,	8491
sold, or purchased in the violation or combination of violations	8492
exceeds ~~five hundred~~one thousand dollars;	8493

(f) Any combination of violations described in division	8494
(I)(2)(c) of this section and violations of section 2907.32 of the	8495
Revised Code involving any material or performance containing a	8496
display of bestiality or of sexual conduct, as defined in section	8497
2907.01 of the Revised Code, that is explicit and depicted with	8498
clearly visible penetration of the genitals or clearly visible	8499
penetration by the penis of any orifice when the total proceeds of	8500
the combination of violations, payments made in the combination of	8501
violations, amount of the claims for payment or for other benefits	8502
that is false or deceptive and that is involved in the combination	8503
of violations, or value of the contraband or other property	8504
illegally possessed, sold, or purchased in the combination of	8505
violations exceeds ~~five hundred~~one thousand dollars;	8506

(g) Any violation of section 2905.32 of the Revised Code to	8507
the extent the violation is not based solely on the same conduct	8508
that constitutes corrupt activity pursuant to division (I)(2)(c)	8509
of this section due to the conduct being in violation of section	8510
2907.21 of the Revised Code.	8511

(3) Conduct constituting a violation of any law of any state	8512
other than this state that is substantially similar to the conduct	8513
described in division (I)(2) of this section, provided the	8514
defendant was convicted of the conduct in a criminal proceeding in	8515
the other state;	8516

(4) Animal or ecological terrorism;

8517

(5)(a) Conduct constituting any of the following:

8518

(i) Organized retail theft;

8519

(ii) Conduct that constitutes one or more violations of any	8520
law of any state other than this state, that is substantially	8521
similar to organized retail theft, and that if committed in this	8522
state would be organized retail theft, if the defendant was	8523
convicted of or pleaded guilty to the conduct in a criminal	8524
proceeding in the other state.	8525

(b) By enacting division (I)(5)(a) of this section, it is the	8526
intent of the general assembly to add organized retail theft and	8527
the conduct described in division (I)(5)(a)(ii) of this section as	8528
conduct constituting corrupt activity. The enactment of division	8529
(I)(5)(a) of this section and the addition by division (I)(5)(a)	8530
of this section of organized retail theft and the conduct	8531
described in division (I)(5)(a)(ii) of this section as conduct	8532
constituting corrupt activity does not limit or preclude, and	8533
shall not be construed as limiting or precluding, any prosecution	8534
for a violation of section 2923.32 of the Revised Code that is	8535
based on one or more violations of section 2913.02 or 2913.51 of	8536
the Revised Code, one or more similar offenses under the laws of	8537
this state or any other state, or any combination of any of those	8538
violations or similar offenses, even though the conduct	8539
constituting the basis for those violations or offenses could be	8540
construed as also constituting organized retail theft or conduct	8541
of the type described in division (I)(5)(a)(ii) of this section.	8542

(J) "Real property" means any real property or any interest	8543
in real property, including, but not limited to, any lease of, or	8544
mortgage upon, real property. Real property and any beneficial	8545
interest in it is deemed to be located where the real property is	8546
located.	8547

(K) "Trustee" means any of the following:

8548

(1) Any person acting as trustee under a trust in which the	8549
trustee holds title to personal or real property;	8550

(2) Any person who holds title to personal or real property	8551
for which any other person has a beneficial interest;	8552

(3) Any successor trustee.

8553

"Trustee" does not include an assignee or trustee for an	8554
insolvent debtor or an executor, administrator, administrator with	8555
the will annexed, testamentary trustee, guardian, or committee,	8556
appointed by, under the control of, or accountable to a court.	8557

(L) "Unlawful debt" means any money or other thing of value	8558
constituting principal or interest of a debt that is legally	8559
unenforceable in this state in whole or in part because the debt	8560
was incurred or contracted in violation of any federal or state	8561
law relating to the business of gambling activity or relating to	8562
the business of lending money at an usurious rate unless the	8563
creditor proves, by a preponderance of the evidence, that the	8564
usurious rate was not intentionally set and that it resulted from	8565
a good faith error by the creditor, notwithstanding the	8566
maintenance of procedures that were adopted by the creditor to	8567
avoid an error of that nature.	8568

(M) "Animal activity" means any activity that involves the	8569
use of animals or animal parts, including, but not limited to,	8570
hunting, fishing, trapping, traveling, camping, the production,	8571
preparation, or processing of food or food products, clothing or	8572
garment manufacturing, medical research, other research,	8573
entertainment, recreation, agriculture, biotechnology, or service	8574
activity that involves the use of animals or animal parts.	8575

(N) "Animal facility" means a vehicle, building, structure,	8576
nature preserve, or other premises in which an animal is lawfully	8577
kept, handled, housed, exhibited, bred, or offered for sale,	8578
including, but not limited to, a zoo, rodeo, circus, amusement	8579
park, hunting preserve, or premises in which a horse or dog event	8580
is held.	8581

(O) "Animal or ecological terrorism" means the commission of	8582
any felony that involves causing or creating a substantial risk of	8583
physical harm to any property of another, the use of a deadly	8584
weapon or dangerous ordnance, or purposely, knowingly, or	8585
recklessly causing serious physical harm to property and that	8586
involves an intent to obstruct, impede, or deter any person from	8587
participating in a lawful animal activity, from mining, foresting,	8588
harvesting, gathering, or processing natural resources, or from	8589
being lawfully present in or on an animal facility or research	8590
facility.	8591

(P) "Research facility" means a place, laboratory,	8592
institution, medical care facility, government facility, or public	8593
or private educational institution in which a scientific test,	8594
experiment, or investigation involving the use of animals or other	8595
living organisms is lawfully carried out, conducted, or attempted.	8596

(Q) "Organized retail theft" means the theft of retail	8597
property with a retail value of ~~five hundred~~one thousand dollars	8598
or more from one or more retail establishments with the intent to	8599
sell, deliver, or transfer that property to a retail property	8600
fence.	8601

(R) "Retail property" means any tangible personal property	8602
displayed, held, stored, or offered for sale in or by a retail	8603
establishment.	8604

(S) "Retail property fence" means a person who possesses,	8605
procures, receives, or conceals retail property that was	8606
represented to the person as being stolen or that the person knows	8607
or believes to be stolen.	8608

(T) "Retail value" means the full retail value of the retail	8609
property. In determining whether the retail value of retail	8610
property equals or exceeds ~~five hundred~~one thousand dollars, the	8611
value of all retail property stolen from the retail establishment	8612
or retail establishments by the same person or persons within any	8613
one-hundred-eighty-day period shall be aggregated.	8614

Sec. 2923.32. (A)(1) No person employed by, or associated	8615
with, any enterprise shall conduct or participate in, directly or	8616
indirectly, the affairs of the enterprise through a pattern of	8617
corrupt activity or the collection of an unlawful debt.	8618

(2) No person, through a pattern of corrupt activity or the	8619
collection of an unlawful debt, shall acquire or maintain,	8620
directly or indirectly, any interest in, or control of, any	8621
enterprise or real property.	8622

(3) No person, who knowingly has received any proceeds	8623
derived, directly or indirectly, from a pattern of corrupt	8624
activity or the collection of any unlawful debt, shall use or	8625
invest, directly or indirectly, any part of those proceeds, or any	8626
proceeds derived from the use or investment of any of those	8627
proceeds, in the acquisition of any title to, or any right,	8628
interest, or equity in, real property or in the establishment or	8629
operation of any enterprise.	8630

A purchase of securities on the open market with intent to	8631
make an investment, without intent to control or participate in	8632
the control of the issuer, and without intent to assist another to	8633
do so is not a violation of this division, if the securities of	8634
the issuer held after the purchase by the purchaser, the members	8635
of the purchaser's immediate family, and the purchaser's or the	8636
immediate family members' accomplices in any pattern of corrupt	8637
activity or the collection of an unlawful debt do not aggregate	8638
one per cent of the outstanding securities of any one class of the	8639
issuer and do not confer, in law or in fact, the power to elect	8640
one or more directors of the issuer.	8641

(B)(1) Whoever violates this section is guilty of engaging in	8642
a pattern of corrupt activity. Except as otherwise provided in	8643
this division, engaging in corrupt activity is a felony of the	8644
second degree. Except as otherwise provided in this division, if	8645
at least one of the incidents of corrupt activity is a felony of	8646
the first, second, or third degree, aggravated murder, or murder,	8647
if at least one of the incidents was a felony under the law of	8648
this state that was committed prior to July 1, 1996, and that	8649
would constitute a felony of the first, second, or third degree,	8650
aggravated murder, or murder if committed on or after July 1,	8651
1996, or if at least one of the incidents of corrupt activity is a	8652
felony under the law of the United States or of another state	8653
that, if committed in this state on or after July 1, 1996, would	8654
constitute a felony of the first, second, or third degree,	8655
aggravated murder, or murder under the law of this state, engaging	8656
in a pattern of corrupt activity is a felony of the first degree.	8657
If the offender also is convicted of or pleads guilty to a	8658
specification as described in section 2941.1422 of the Revised	8659
Code that was included in the indictment, count in the indictment,	8660
or information charging the offense, engaging in a pattern of	8661
corrupt activity is a felony of the first degree, and the court	8662
shall sentence the offender to a mandatory prison term as provided	8663
in division ~~(D)~~(B)(7) of section 2929.14 of the Revised Code and	8664
shall order the offender to make restitution as provided in	8665
division (B)(8) of section 2929.18 of the Revised Code.	8666
Notwithstanding any other provision of law, a person may be	8667
convicted of violating the provisions of this section as well as	8668
of a conspiracy to violate one or more of those provisions under	8669
section 2923.01 of the Revised Code.	8670

(2) Notwithstanding the financial sanctions authorized by	8671
section 2929.18 of the Revised Code, the court may do all of the	8672
following with respect to any person who derives pecuniary value	8673
or causes property damage, personal injury other than pain and	8674
suffering, or other loss through or by the violation of this	8675
section:	8676

(a) In lieu of the fine authorized by that section, impose a	8677
fine not exceeding the greater of three times the gross value	8678
gained or three times the gross loss caused and order the clerk of	8679
the court to pay the fine into the state treasury to the credit of	8680
the corrupt activity investigation and prosecution fund, which is	8681
hereby created;	8682

(b) In addition to the fine described in division (B)(2)(a)	8683
of this section and the financial sanctions authorized by section	8684
2929.18 of the Revised Code, order the person to pay court costs;	8685

(c) In addition to the fine described in division (B)(2)(a)	8686
of this section and the financial sanctions authorized by section	8687
2929.18 of the Revised Code, order the person to pay to the state,	8688
municipal, or county law enforcement agencies that handled the	8689
investigation and prosecution the costs of investigation and	8690
prosecution that are reasonably incurred.	8691

The court shall hold a hearing to determine the amount of	8692
fine, court costs, and other costs to be imposed under this	8693
division.	8694

(3) In addition to any other penalty or disposition	8695
authorized or required by law, the court shall order any person	8696
who is convicted of or pleads guilty to a violation of this	8697
section or who is adjudicated delinquent by reason of a violation	8698
of this section to criminally forfeit to the state under Chapter	8699
2981. of the Revised Code any personal or real property in which	8700
the person has an interest and that was used in the course of or	8701
intended for use in the course of a violation of this section, or	8702
that was derived from or realized through conduct in violation of	8703
this section, including any property constituting an interest in,	8704
means of control over, or influence over the enterprise involved	8705
in the violation and any property constituting proceeds derived	8706
from the violation, including all of the following:	8707

(a) Any position, office, appointment, tenure, commission, or	8708
employment contract of any kind acquired or maintained by the	8709
person in violation of this section, through which the person, in	8710
violation of this section, conducted or participated in the	8711
conduct of an enterprise, or that afforded the person a source of	8712
influence or control over an enterprise that the person exercised	8713
in violation of this section;	8714

(b) Any compensation, right, or benefit derived from a	8715
position, office, appointment, tenure, commission, or employment	8716
contract described in division (B)(3)(a) of this section that	8717
accrued to the person in violation of this section during the	8718
period of the pattern of corrupt activity;	8719

(c) Any interest in, security of, claim against, or property	8720
or contractual right affording the person a source of influence or	8721
control over the affairs of an enterprise that the person	8722
exercised in violation of this section;	8723

(d) Any amount payable or paid under any contract for goods	8724
or services that was awarded or performed in violation of this	8725
section.	8726

Sec. 2925.01. As used in this chapter:

8727

(A) "Administer," "controlled substance," "dispense,"	8728
"distribute," "hypodermic," "manufacturer," "official written	8729
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	8730
"schedule II," "schedule III," "schedule IV," "schedule V," and	8731
"wholesaler" have the same meanings as in section 3719.01 of the	8732
Revised Code.	8733

(B) "Drug dependent person" and "drug of abuse" have the same	8734
meanings as in section 3719.011 of the Revised Code.	8735

(C) "Drug," "dangerous drug," "licensed health professional	8736
authorized to prescribe drugs," and "prescription" have the same	8737
meanings as in section 4729.01 of the Revised Code.	8738

(D) "Bulk amount" of a controlled substance means any of the	8739
following:	8740

(1) For any compound, mixture, preparation, or substance	8741
included in schedule I, schedule II, or schedule III, with the	8742
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	8743
except as provided in division (D)(2) or (5) of this section,	8744
whichever of the following is applicable:	8745

(a) An amount equal to or exceeding ten grams or twenty-five	8746
unit doses of a compound, mixture, preparation, or substance that	8747
is or contains any amount of a schedule I opiate or opium	8748
derivative;	8749

(b) An amount equal to or exceeding ten grams of a compound,	8750
mixture, preparation, or substance that is or contains any amount	8751
of raw or gum opium;	8752

(c) An amount equal to or exceeding thirty grams or ten unit	8753
doses of a compound, mixture, preparation, or substance that is or	8754
contains any amount of a schedule I hallucinogen other than	8755
tetrahydrocannabinol or lysergic acid amide, or a schedule I	8756
stimulant or depressant;	8757

(d) An amount equal to or exceeding twenty grams or five	8758
times the maximum daily dose in the usual dose range specified in	8759
a standard pharmaceutical reference manual of a compound, mixture,	8760
preparation, or substance that is or contains any amount of a	8761
schedule II opiate or opium derivative;	8762

(e) An amount equal to or exceeding five grams or ten unit	8763
doses of a compound, mixture, preparation, or substance that is or	8764
contains any amount of phencyclidine;	8765

(f) An amount equal to or exceeding one hundred twenty grams	8766
or thirty times the maximum daily dose in the usual dose range	8767
specified in a standard pharmaceutical reference manual of a	8768
compound, mixture, preparation, or substance that is or contains	8769
any amount of a schedule II stimulant that is in a final dosage	8770
form manufactured by a person authorized by the "Federal Food,	8771
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	8772
amended, and the federal drug abuse control laws, as defined in	8773
section 3719.01 of the Revised Code, that is or contains any	8774
amount of a schedule II depressant substance or a schedule II	8775
hallucinogenic substance;	8776

(g) An amount equal to or exceeding three grams of a	8777
compound, mixture, preparation, or substance that is or contains	8778
any amount of a schedule II stimulant, or any of its salts or	8779
isomers, that is not in a final dosage form manufactured by a	8780
person authorized by the Federal Food, Drug, and Cosmetic Act and	8781
the federal drug abuse control laws.	8782

(2) An amount equal to or exceeding one hundred twenty grams	8783
or thirty times the maximum daily dose in the usual dose range	8784
specified in a standard pharmaceutical reference manual of a	8785
compound, mixture, preparation, or substance that is or contains	8786
any amount of a schedule III or IV substance other than an	8787
anabolic steroid or a schedule III opiate or opium derivative;	8788

(3) An amount equal to or exceeding twenty grams or five	8789
times the maximum daily dose in the usual dose range specified in	8790
a standard pharmaceutical reference manual of a compound, mixture,	8791
preparation, or substance that is or contains any amount of a	8792
schedule III opiate or opium derivative;	8793

(4) An amount equal to or exceeding two hundred fifty	8794
milliliters or two hundred fifty grams of a compound, mixture,	8795
preparation, or substance that is or contains any amount of a	8796
schedule V substance;	8797

(5) An amount equal to or exceeding two hundred solid dosage	8798
units, sixteen grams, or sixteen milliliters of a compound,	8799
mixture, preparation, or substance that is or contains any amount	8800
of a schedule III anabolic steroid.	8801

(E) "Unit dose" means an amount or unit of a compound,	8802
mixture, or preparation containing a controlled substance that is	8803
separately identifiable and in a form that indicates that it is	8804
the amount or unit by which the controlled substance is separately	8805
administered to or taken by an individual.	8806

(F) "Cultivate" includes planting, watering, fertilizing, or	8807
tilling.	8808

(G) "Drug abuse offense" means any of the following:

8809

(1) A violation of division (A) of section 2913.02 that	8810
constitutes theft of drugs, or a violation of section 2925.02,	8811
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	8812
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	8813
2925.37 of the Revised Code;	8814

(2) A violation of an existing or former law of this or any	8815
other state or of the United States that is substantially	8816
equivalent to any section listed in division (G)(1) of this	8817
section;	8818

(3) An offense under an existing or former law of this or any	8819
other state, or of the United States, of which planting,	8820
cultivating, harvesting, processing, making, manufacturing,	8821
producing, shipping, transporting, delivering, acquiring,	8822
possessing, storing, distributing, dispensing, selling, inducing	8823
another to use, administering to another, using, or otherwise	8824
dealing with a controlled substance is an element;	8825

(4) A conspiracy to commit, attempt to commit, or complicity	8826
in committing or attempting to commit any offense under division	8827
(G)(1), (2), or (3) of this section.	8828

(H) "Felony drug abuse offense" means any drug abuse offense	8829
that would constitute a felony under the laws of this state, any	8830
other state, or the United States.	8831

(I) "Harmful intoxicant" does not include beer or	8832
intoxicating liquor but means any of the following:	8833

(1) Any compound, mixture, preparation, or substance the gas,	8834
fumes, or vapor of which when inhaled can induce intoxication,	8835
excitement, giddiness, irrational behavior, depression,	8836
stupefaction, paralysis, unconsciousness, asphyxiation, or other	8837
harmful physiological effects, and includes, but is not limited	8838
to, any of the following:	8839

(a) Any volatile organic solvent, plastic cement, model	8840
cement, fingernail polish remover, lacquer thinner, cleaning	8841
fluid, gasoline, or other preparation containing a volatile	8842
organic solvent;	8843

(b) Any aerosol propellant;

8844

8845

(d) Any anesthetic gas.

8846

(2) Gamma Butyrolactone;

8847

(3) 1,4 Butanediol.

8848

(J) "Manufacture" means to plant, cultivate, harvest,	8849
process, make, prepare, or otherwise engage in any part of the	8850
production of a drug, by propagation, extraction, chemical	8851
synthesis, or compounding, or any combination of the same, and	8852
includes packaging, repackaging, labeling, and other activities	8853
incident to production.	8854

(K) "Possess" or "possession" means having control over a	8855
thing or substance, but may not be inferred solely from mere	8856
access to the thing or substance through ownership or occupation	8857
of the premises upon which the thing or substance is found.	8858

(L) "Sample drug" means a drug or pharmaceutical preparation	8859
that would be hazardous to health or safety if used without the	8860
supervision of a licensed health professional authorized to	8861
prescribe drugs, or a drug of abuse, and that, at one time, had	8862
been placed in a container plainly marked as a sample by a	8863
manufacturer.	8864

(M) "Standard pharmaceutical reference manual" means the	8865
current edition, with cumulative changes if any, of any of the	8866
following reference works:	8867

(1) "The National Formulary";

8868

(2) "The United States Pharmacopeia," prepared by authority	8869
of the United States Pharmacopeial Convention, Inc.;	8870

(3) Other standard references that are approved by the state	8871
board of pharmacy.	8872

(N) "Juvenile" means a person under eighteen years of age.

8873

(O) "Counterfeit controlled substance" means any of the	8874
following:	8875

(1) Any drug that bears, or whose container or label bears, a	8876
trademark, trade name, or other identifying mark used without	8877
authorization of the owner of rights to that trademark, trade	8878
name, or identifying mark;	8879

(2) Any unmarked or unlabeled substance that is represented	8880
to be a controlled substance manufactured, processed, packed, or	8881
distributed by a person other than the person that manufactured,	8882
processed, packed, or distributed it;	8883

(3) Any substance that is represented to be a controlled	8884
substance but is not a controlled substance or is a different	8885
controlled substance;	8886

(4) Any substance other than a controlled substance that a	8887
reasonable person would believe to be a controlled substance	8888
because of its similarity in shape, size, and color, or its	8889
markings, labeling, packaging, distribution, or the price for	8890
which it is sold or offered for sale.	8891

(P) An offense is "committed in the vicinity of a school" if	8892
the offender commits the offense on school premises, in a school	8893
building, or within one thousand feet of the boundaries of any	8894
school premises, regardless of whether the offender knows the	8895
offense is being committed on school premises, in a school	8896
building, or within one thousand feet of the boundaries of any	8897
school premises.	8898

(Q) "School" means any school operated by a board of	8899
education, any community school established under Chapter 3314. of	8900
the Revised Code, or any nonpublic school for which the state	8901
board of education prescribes minimum standards under section	8902
3301.07 of the Revised Code, whether or not any instruction,	8903
extracurricular activities, or training provided by the school is	8904
being conducted at the time a criminal offense is committed.	8905

(R) "School premises" means either of the following:

8906

(1) The parcel of real property on which any school is	8907
situated, whether or not any instruction, extracurricular	8908
activities, or training provided by the school is being conducted	8909
on the premises at the time a criminal offense is committed;	8910

(2) Any other parcel of real property that is owned or leased	8911
by a board of education of a school, the governing authority of a	8912
community school established under Chapter 3314. of the Revised	8913
Code, or the governing body of a nonpublic school for which the	8914
state board of education prescribes minimum standards under	8915
section 3301.07 of the Revised Code and on which some of the	8916
instruction, extracurricular activities, or training of the school	8917
is conducted, whether or not any instruction, extracurricular	8918
activities, or training provided by the school is being conducted	8919
on the parcel of real property at the time a criminal offense is	8920
committed.	8921

(S) "School building" means any building in which any of the	8922
instruction, extracurricular activities, or training provided by a	8923
school is conducted, whether or not any instruction,	8924
extracurricular activities, or training provided by the school is	8925
being conducted in the school building at the time a criminal	8926
offense is committed.	8927

(T) "Disciplinary counsel" means the disciplinary counsel	8928
appointed by the board of commissioners on grievances and	8929
discipline of the supreme court under the Rules for the Government	8930
of the Bar of Ohio.	8931

(U) "Certified grievance committee" means a duly constituted	8932
and organized committee of the Ohio state bar association or of	8933
one or more local bar associations of the state of Ohio that	8934
complies with the criteria set forth in Rule V, section 6 of the	8935
Rules for the Government of the Bar of Ohio.	8936

(V) "Professional license" means any license, permit,	8937
certificate, registration, qualification, admission, temporary	8938
license, temporary permit, temporary certificate, or temporary	8939
registration that is described in divisions (W)(1) to (36) of this	8940
section and that qualifies a person as a professionally licensed	8941
person.	8942

(W) "Professionally licensed person" means any of the	8943
following:	8944

(1) A person who has obtained a license as a manufacturer of	8945
controlled substances or a wholesaler of controlled substances	8946
under Chapter 3719. of the Revised Code;	8947

(2) A person who has received a certificate or temporary	8948
certificate as a certified public accountant or who has registered	8949
as a public accountant under Chapter 4701. of the Revised Code and	8950
who holds an Ohio permit issued under that chapter;	8951

(3) A person who holds a certificate of qualification to	8952
practice architecture issued or renewed and registered under	8953
Chapter 4703. of the Revised Code;	8954

(4) A person who is registered as a landscape architect under	8955
Chapter 4703. of the Revised Code or who holds a permit as a	8956
landscape architect issued under that chapter;	8957

(5) A person licensed under Chapter 4707. of the Revised	8958
Code;	8959

(6) A person who has been issued a certificate of	8960
registration as a registered barber under Chapter 4709. of the	8961
Revised Code;	8962

(7) A person licensed and regulated to engage in the business	8963
of a debt pooling company by a legislative authority, under	8964
authority of Chapter 4710. of the Revised Code;	8965

(8) A person who has been issued a cosmetologist's license,	8966
hair designer's license, manicurist's license, esthetician's	8967
license, natural hair stylist's license, managing cosmetologist's	8968
license, managing hair designer's license, managing manicurist's	8969
license, managing esthetician's license, managing natural hair	8970
stylist's license, cosmetology instructor's license, hair design	8971
instructor's license, manicurist instructor's license, esthetics	8972
instructor's license, natural hair style instructor's license,	8973
independent contractor's license, or tanning facility permit under	8974
Chapter 4713. of the Revised Code;	8975

(9) A person who has been issued a license to practice	8976
dentistry, a general anesthesia permit, a conscious intravenous	8977
sedation permit, a limited resident's license, a limited teaching	8978
license, a dental hygienist's license, or a dental hygienist's	8979
teacher's certificate under Chapter 4715. of the Revised Code;	8980

(10) A person who has been issued an embalmer's license, a	8981
funeral director's license, a funeral home license, or a crematory	8982
license, or who has been registered for an embalmer's or funeral	8983
director's apprenticeship under Chapter 4717. of the Revised Code;	8984

(11) A person who has been licensed as a registered nurse or	8985
practical nurse, or who has been issued a certificate for the	8986
practice of nurse-midwifery under Chapter 4723. of the Revised	8987
Code;	8988

(12) A person who has been licensed to practice optometry or	8989
to engage in optical dispensing under Chapter 4725. of the Revised	8990
Code;	8991

(13) A person licensed to act as a pawnbroker under Chapter	8992
4727. of the Revised Code;	8993

(14) A person licensed to act as a precious metals dealer	8994
under Chapter 4728. of the Revised Code;	8995

(15) A person licensed as a pharmacist, a pharmacy intern, a	8996
wholesale distributor of dangerous drugs, or a terminal	8997
distributor of dangerous drugs under Chapter 4729. of the Revised	8998
Code;	8999

(16) A person who is authorized to practice as a physician	9000
assistant under Chapter 4730. of the Revised Code;	9001

(17) A person who has been issued a certificate to practice	9002
medicine and surgery, osteopathic medicine and surgery, a limited	9003
branch of medicine, or podiatry under Chapter 4731. of the Revised	9004
Code;	9005

(18) A person licensed as a psychologist or school	9006
psychologist under Chapter 4732. of the Revised Code;	9007

(19) A person registered to practice the profession of	9008
engineering or surveying under Chapter 4733. of the Revised Code;	9009

(20) A person who has been issued a license to practice	9010
chiropractic under Chapter 4734. of the Revised Code;	9011

(21) A person licensed to act as a real estate broker or real	9012
estate salesperson under Chapter 4735. of the Revised Code;	9013

(22) A person registered as a registered sanitarian under	9014
Chapter 4736. of the Revised Code;	9015

(23) A person licensed to operate or maintain a junkyard	9016
under Chapter 4737. of the Revised Code;	9017

(24) A person who has been issued a motor vehicle salvage	9018
dealer's license under Chapter 4738. of the Revised Code;	9019

(25) A person who has been licensed to act as a steam	9020
engineer under Chapter 4739. of the Revised Code;	9021

(26) A person who has been issued a license or temporary	9022
permit to practice veterinary medicine or any of its branches, or	9023
who is registered as a graduate animal technician under Chapter	9024
4741. of the Revised Code;	9025

(27) A person who has been issued a hearing aid dealer's or	9026
fitter's license or trainee permit under Chapter 4747. of the	9027
Revised Code;	9028

(28) A person who has been issued a class A, class B, or	9029
class C license or who has been registered as an investigator or	9030
security guard employee under Chapter 4749. of the Revised Code;	9031

(29) A person licensed and registered to practice as a	9032
nursing home administrator under Chapter 4751. of the Revised	9033
Code;	9034

(30) A person licensed to practice as a speech-language	9035
pathologist or audiologist under Chapter 4753. of the Revised	9036
Code;	9037

(31) A person issued a license as an occupational therapist	9038
or physical therapist under Chapter 4755. of the Revised Code;	9039

(32) A person who is licensed as a professional clinical	9040
counselor or professional counselor, licensed as a social worker	9041
or independent social worker, or registered as a social work	9042
assistant under Chapter 4757. of the Revised Code;	9043

(33) A person issued a license to practice dietetics under	9044
Chapter 4759. of the Revised Code;	9045

(34) A person who has been issued a license or limited permit	9046
to practice respiratory therapy under Chapter 4761. of the Revised	9047
Code;	9048

(35) A person who has been issued a real estate appraiser	9049
certificate under Chapter 4763. of the Revised Code;	9050

(36) A person who has been admitted to the bar by order of	9051
the supreme court in compliance with its prescribed and published	9052
rules.	9053

(X) "Cocaine" means any of the following:

9054

(1) A cocaine salt, isomer, or derivative, a salt of a	9055
cocaine isomer or derivative, or the base form of cocaine;	9056

(2) Coca leaves or a salt, compound, derivative, or	9057
preparation of coca leaves, including ecgonine, a salt, isomer, or	9058
derivative of ecgonine, or a salt of an isomer or derivative of	9059
ecgonine;	9060

(3) A salt, compound, derivative, or preparation of a	9061
substance identified in division (X)(1) or (2) of this section	9062
that is chemically equivalent to or identical with any of those	9063
substances, except that the substances shall not include	9064
decocainized coca leaves or extraction of coca leaves if the	9065
extractions do not contain cocaine or ecgonine.	9066

(Y) "L.S.D." means lysergic acid diethylamide.

9067

(Z) "Hashish" means the resin or a preparation of the resin	9068
contained in marihuana, whether in solid form or in a liquid	9069
concentrate, liquid extract, or liquid distillate form.	9070

(AA) "Marihuana" has the same meaning as in section 3719.01	9071
of the Revised Code, except that it does not include hashish.	9072

(BB) An offense is "committed in the vicinity of a juvenile"	9073
if the offender commits the offense within one hundred feet of a	9074
juvenile or within the view of a juvenile, regardless of whether	9075
the offender knows the age of the juvenile, whether the offender	9076
knows the offense is being committed within one hundred feet of or	9077
within view of the juvenile, or whether the juvenile actually	9078
views the commission of the offense.	9079

(CC) "Presumption for a prison term" or "presumption that a	9080
prison term shall be imposed" means a presumption, as described in	9081
division (D) of section 2929.13 of the Revised Code, that a prison	9082
term is a necessary sanction for a felony in order to comply with	9083
the purposes and principles of sentencing under section 2929.11 of	9084
the Revised Code.	9085

(DD) "Major drug offender" has the same meaning as in section	9086
2929.01 of the Revised Code.	9087

(EE) "Minor drug possession offense" means either of the	9088
following:	9089

(1) A violation of section 2925.11 of the Revised Code as it	9090
existed prior to July 1, 1996;	9091

(2) A violation of section 2925.11 of the Revised Code as it	9092
exists on and after July 1, 1996, that is a misdemeanor or a	9093
felony of the fifth degree.	9094

(FF) "Mandatory prison term" has the same meaning as in	9095
section 2929.01 of the Revised Code.	9096

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	9097
~~or substance that is or contains any amount of cocaine that is~~	9098
~~analytically identified as the base form of cocaine or that is in~~	9099
~~a form that resembles rocks or pebbles generally intended for~~	9100
~~individual use.~~	9101

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	9102
described in section 3715.63 of the Revised Code.	9103

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	9104
tavern, store, arena, hall, or other place of public	9105
accommodation, business, amusement, or resort.	9106

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	9107
isomer, or salt of an isomer of methamphetamine, or any compound,	9108
mixture, preparation, or substance containing methamphetamine or	9109
any salt, isomer, or salt of an isomer of methamphetamine.	9110

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	9111
issued for a legitimate medical purpose by a licensed health	9112
professional authorized to prescribe drugs, that is not altered or	9113
forged, and that was not obtained by means of deception or by the	9114
commission of any theft offense.	9115

~~(LL)~~(KK) "Deception" and "theft offense" have the same	9116
meanings as in section 2913.01 of the Revised Code.	9117

Sec. 2925.02. (A) No person shall knowingly do any of the	9118
following:	9119

(1) By force, threat, or deception, administer to another or	9120
induce or cause another to use a controlled substance;	9121

(2) By any means, administer or furnish to another or induce	9122
or cause another to use a controlled substance with purpose to	9123
cause serious physical harm to the other person, or with purpose	9124
to cause the other person to become drug dependent;	9125

(3) By any means, administer or furnish to another or induce	9126
or cause another to use a controlled substance, and thereby cause	9127
serious physical harm to the other person, or cause the other	9128
person to become drug dependent;	9129

(4) By any means, do any of the following:

9130

(a) Furnish or administer a controlled substance to a	9131
juvenile who is at least two years the offender's junior, when the	9132
offender knows the age of the juvenile or is reckless in that	9133
regard;	9134

(b) Induce or cause a juvenile who is at least two years the	9135
offender's junior to use a controlled substance, when the offender	9136
knows the age of the juvenile or is reckless in that regard;	9137

(c) Induce or cause a juvenile who is at least two years the	9138
offender's junior to commit a felony drug abuse offense, when the	9139
offender knows the age of the juvenile or is reckless in that	9140
regard;	9141

(d) Use a juvenile, whether or not the offender knows the age	9142
of the juvenile, to perform any surveillance activity that is	9143
intended to prevent the detection of the offender or any other	9144
person in the commission of a felony drug abuse offense or to	9145
prevent the arrest of the offender or any other person for the	9146
commission of a felony drug abuse offense.	9147

(B) Division (A)(1), (3), or (4) of this section does not	9148
apply to manufacturers, wholesalers, licensed health professionals	9149
authorized to prescribe drugs, pharmacists, owners of pharmacies,	9150
and other persons whose conduct is in accordance with Chapters	9151
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	9152
Code.	9153

(C) Whoever violates this section is guilty of corrupting	9154
another with drugs. The penalty for the offense shall be	9155
determined as follows:	9156

(1) Except as otherwise provided in this division, if the	9157
drug involved is any compound, mixture, preparation, or substance	9158
included in schedule I or II, with the exception of marihuana,	9159
corrupting another with drugs is a felony of the second degree,	9160
and, subject to division (E) of this section, the court shall	9161
impose as a mandatory prison term one of the prison terms	9162
prescribed for a felony of the second degree. If the drug involved	9163
is any compound, mixture, preparation, or substance included in	9164
schedule I or II, with the exception of marihuana, and if the	9165
offense was committed in the vicinity of a school, corrupting	9166
another with drugs is a felony of the first degree, and, subject	9167
to division (E) of this section, the court shall impose as a	9168
mandatory prison term one of the prison terms prescribed for a	9169
felony of the first degree.	9170

(2) Except as otherwise provided in this division, if the	9171
drug involved is any compound, mixture, preparation, or substance	9172
included in schedule III, IV, or V, corrupting another with drugs	9173
is a felony of the second degree, and there is a presumption for a	9174
prison term for the offense. If the drug involved is any compound,	9175
mixture, preparation, or substance included in schedule III, IV,	9176
or V and if the offense was committed in the vicinity of a school,	9177
corrupting another with drugs is a felony of the second degree,	9178
and the court shall impose as a mandatory prison term one of the	9179
prison terms prescribed for a felony of the second degree.	9180

(3) Except as otherwise provided in this division, if the	9181
drug involved is marihuana, corrupting another with drugs is a	9182
felony of the fourth degree, and division (C) of section 2929.13	9183
of the Revised Code applies in determining whether to impose a	9184
prison term on the offender. If the drug involved is marihuana and	9185
if the offense was committed in the vicinity of a school,	9186
corrupting another with drugs is a felony of the third degree, and	9187
division (C) of section 2929.13 of the Revised Code applies in	9188
determining whether to impose a prison term on the offender.	9189

(D) In addition to any prison term authorized or required by	9190
division (C) or (E) of this section and sections 2929.13 and	9191
2929.14 of the Revised Code and in addition to any other sanction	9192
imposed for the offense under this section or sections 2929.11 to	9193
2929.18 of the Revised Code, the court that sentences an offender	9194
who is convicted of or pleads guilty to a violation of division	9195
(A) of this section or the clerk of that court shall do all of the	9196
following that are applicable regarding the offender:	9197

(1)(a) If the violation is a felony of the first, second, or	9198
third degree, the court shall impose upon the offender the	9199
mandatory fine specified for the offense under division (B)(1) of	9200
section 2929.18 of the Revised Code unless, as specified in that	9201
division, the court determines that the offender is indigent.	9202

(b) Notwithstanding any contrary provision of section 3719.21	9203
of the Revised Code, any mandatory fine imposed pursuant to	9204
division (D)(1)(a) of this section and any fine imposed for a	9205
violation of this section pursuant to division (A) of section	9206
2929.18 of the Revised Code shall be paid by the clerk of the	9207
court in accordance with and subject to the requirements of, and	9208
shall be used as specified in, division (F) of section 2925.03 of	9209
the Revised Code.	9210

(c) If a person is charged with any violation of this section	9211
that is a felony of the first, second, or third degree, posts	9212
bail, and forfeits the bail, the forfeited bail shall be paid by	9213
the clerk of the court pursuant to division (D)(1)(b) of this	9214
section as if it were a fine imposed for a violation of this	9215
section.	9216

(2) The court shall suspend for not less than six months nor	9217
more than five years the offender's driver's or commercial	9218
driver's license or permit. If an offender's driver's or	9219
commercial driver's license or permit is suspended pursuant to	9220
this division, the offender, at any time after the expiration of	9221
two years from the day on which the offender's sentence was	9222
imposed or from the day on which the offender finally was released	9223
from a prison term under the sentence, whichever is later, may	9224
file a motion with the sentencing court requesting termination of	9225
the suspension. Upon the filing of the motion and the court's	9226
finding of good cause for the termination, the court may terminate	9227
the suspension.	9228

(3) If the offender is a professionally licensed person, in	9229
addition to any other sanction imposed for a violation of this	9230
section, the court immediately shall comply with section 2925.38	9231
of the Revised Code.	9232

(E) Notwithstanding the prison term otherwise authorized or	9233
required for the offense under division (C) of this section and	9234
sections 2929.13 and 2929.14 of the Revised Code, if the violation	9235
of division (A) of this section involves the sale, offer to sell,	9236
or possession of a schedule I or II controlled substance, with the	9237
exception of marihuana, and if the court imposing sentence upon	9238
the offender finds that the offender as a result of the violation	9239
is a major drug offender and is guilty of a specification of the	9240
type described in section 2941.1410 of the Revised Code, the	9241
court, in lieu of the prison term that otherwise is authorized or	9242
required, shall impose upon the offender the mandatory prison term	9243
specified in division ~~(D)~~(B)(3)(a) of section 2929.14 of the	9244
Revised Code ~~and may impose an additional prison term under~~	9245
~~division (D)(3)(b) of that section~~.	9246

Sec. 2925.03. (A) No person shall knowingly do any of the	9247
following:	9248

(1) Sell or offer to sell a controlled substance;

9249

(2) Prepare for shipment, ship, transport, deliver, prepare	9250
for distribution, or distribute a controlled substance, when the	9251
offender knows or has reasonable cause to believe that the	9252
controlled substance is intended for sale or resale by the	9253
offender or another person.	9254

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

9255

(1) Manufacturers, licensed health professionals authorized	9256
to prescribe drugs, pharmacists, owners of pharmacies, and other	9257
persons whose conduct is in accordance with Chapters 3719., 4715.,	9258
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	9259

(2) If the offense involves an anabolic steroid, any person	9260
who is conducting or participating in a research project involving	9261
the use of an anabolic steroid if the project has been approved by	9262
the United States food and drug administration;	9263

(3) Any person who sells, offers for sale, prescribes,	9264
dispenses, or administers for livestock or other nonhuman species	9265
an anabolic steroid that is expressly intended for administration	9266
through implants to livestock or other nonhuman species and	9267
approved for that purpose under the "Federal Food, Drug, and	9268
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	9269
and is sold, offered for sale, prescribed, dispensed, or	9270
administered for that purpose in accordance with that act.	9271

(C) Whoever violates division (A) of this section is guilty	9272
of one of the following:	9273

(1) If the drug involved in the violation is any compound,	9274
mixture, preparation, or substance included in schedule I or	9275
schedule II, with the exception of marihuana, cocaine, L.S.D.,	9276
heroin, and hashish, whoever violates division (A) of this section	9277
is guilty of aggravated trafficking in drugs. The penalty for the	9278
offense shall be determined as follows:	9279

(a) Except as otherwise provided in division (C)(1)(b), (c),	9280
(d), (e), or (f) of this section, aggravated trafficking in drugs	9281
is a felony of the fourth degree, and division (C) of section	9282
2929.13 of the Revised Code applies in determining whether to	9283
impose a prison term on the offender.	9284

(b) Except as otherwise provided in division (C)(1)(c), (d),	9285
(e), or (f) of this section, if the offense was committed in the	9286
vicinity of a school or in the vicinity of a juvenile, aggravated	9287
trafficking in drugs is a felony of the third degree, and division	9288
(C) of section 2929.13 of the Revised Code applies in determining	9289
whether to impose a prison term on the offender.	9290

(c) Except as otherwise provided in this division, if the	9291
amount of the drug involved equals or exceeds the bulk amount but	9292
is less than five times the bulk amount, aggravated trafficking in	9293
drugs is a felony of the third degree, and, except as otherwise	9294
provided in this division, there is a presumption for a prison	9295
term for the offense. If aggravated trafficking in drugs is a	9296
felony of the third degree under this division and if the offender	9297
two or more times previously has been convicted of or pleaded	9298
guilty to a felony drug abuse offense, the court shall impose as a	9299
mandatory prison term one of the prison terms prescribed for a	9300
felony of the third degree. If the amount of the drug involved is	9301
within that range and if the offense was committed in the vicinity	9302
of a school or in the vicinity of a juvenile, aggravated	9303
trafficking in drugs is a felony of the second degree, and the	9304
court shall impose as a mandatory prison term one of the prison	9305
terms prescribed for a felony of the second degree.	9306

(d) Except as otherwise provided in this division, if the	9307
amount of the drug involved equals or exceeds five times the bulk	9308
amount but is less than fifty times the bulk amount, aggravated	9309
trafficking in drugs is a felony of the second degree, and the	9310
court shall impose as a mandatory prison term one of the prison	9311
terms prescribed for a felony of the second degree. If the amount	9312
of the drug involved is within that range and if the offense was	9313
committed in the vicinity of a school or in the vicinity of a	9314
juvenile, aggravated trafficking in drugs is a felony of the first	9315
degree, and the court shall impose as a mandatory prison term one	9316
of the prison terms prescribed for a felony of the first degree.	9317

(e) If the amount of the drug involved equals or exceeds	9318
fifty times the bulk amount but is less than one hundred times the	9319
bulk amount and regardless of whether the offense was committed in	9320
the vicinity of a school or in the vicinity of a juvenile,	9321
aggravated trafficking in drugs is a felony of the first degree,	9322
and the court shall impose as a mandatory prison term one of the	9323
prison terms prescribed for a felony of the first degree.	9324

(f) If the amount of the drug involved equals or exceeds one	9325
hundred times the bulk amount and regardless of whether the	9326
offense was committed in the vicinity of a school or in the	9327
vicinity of a juvenile, aggravated trafficking in drugs is a	9328
felony of the first degree, the offender is a major drug offender,	9329
and the court shall impose as a mandatory prison term the maximum	9330
prison term prescribed for a felony of the first degree ~~and may~~	9331
~~impose an additional prison term prescribed for a major drug~~	9332
~~offender under division (D)(3)(b) of section 2929.14 of the~~	9333
~~Revised Code~~.	9334

(2) If the drug involved in the violation is any compound,	9335
mixture, preparation, or substance included in schedule III, IV,	9336
or V, whoever violates division (A) of this section is guilty of	9337
trafficking in drugs. The penalty for the offense shall be	9338
determined as follows:	9339

(a) Except as otherwise provided in division (C)(2)(b), (c),	9340
(d), or (e) of this section, trafficking in drugs is a felony of	9341
the fifth degree, and division (C) of section 2929.13 of the	9342
Revised Code applies in determining whether to impose a prison	9343
term on the offender.	9344

(b) Except as otherwise provided in division (C)(2)(c), (d),	9345
or (e) of this section, if the offense was committed in the	9346
vicinity of a school or in the vicinity of a juvenile, trafficking	9347
in drugs is a felony of the fourth degree, and division (C) of	9348
section 2929.13 of the Revised Code applies in determining whether	9349
to impose a prison term on the offender.	9350

(c) Except as otherwise provided in this division, if the	9351
amount of the drug involved equals or exceeds the bulk amount but	9352
is less than five times the bulk amount, trafficking in drugs is a	9353
felony of the fourth degree~~, and there is a presumption for a~~	9354
~~prison term for the offense~~, and division (B) of section 2929.13	9355
of the Revised Code applies in determining whether to impose a	9356
prison term for the offense. If the amount of the drug involved is	9357
within that range and if the offense was committed in the vicinity	9358
of a school or in the vicinity of a juvenile, trafficking in drugs	9359
is a felony of the third degree, and there is a presumption for a	9360
prison term for the offense.	9361

(d) Except as otherwise provided in this division, if the	9362
amount of the drug involved equals or exceeds five times the bulk	9363
amount but is less than fifty times the bulk amount, trafficking	9364
in drugs is a felony of the third degree, and there is a	9365
presumption for a prison term for the offense. If the amount of	9366
the drug involved is within that range and if the offense was	9367
committed in the vicinity of a school or in the vicinity of a	9368
juvenile, trafficking in drugs is a felony of the second degree,	9369
and there is a presumption for a prison term for the offense.	9370

(e) Except as otherwise provided in this division, if the	9371
amount of the drug involved equals or exceeds fifty times the bulk	9372
amount, trafficking in drugs is a felony of the second degree, and	9373
the court shall impose as a mandatory prison term one of the	9374
prison terms prescribed for a felony of the second degree. If the	9375
amount of the drug involved equals or exceeds fifty times the bulk	9376
amount and if the offense was committed in the vicinity of a	9377
school or in the vicinity of a juvenile, trafficking in drugs is a	9378
felony of the first degree, and the court shall impose as a	9379
mandatory prison term one of the prison terms prescribed for a	9380
felony of the first degree.	9381

(3) If the drug involved in the violation is marihuana or a	9382
compound, mixture, preparation, or substance containing marihuana	9383
other than hashish, whoever violates division (A) of this section	9384
is guilty of trafficking in marihuana. The penalty for the offense	9385
shall be determined as follows:	9386

(a) Except as otherwise provided in division (C)(3)(b), (c),	9387
(d), (e), (f), or (g), or (h) of this section, trafficking in	9388
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	9389
section 2929.13 of the Revised Code applies in determining whether	9390
to impose a prison term on the offender.	9391

(b) Except as otherwise provided in division (C)(3)(c), (d),	9392
(e), (f), or (g), or (h) of this section, if the offense was	9393
committed in the vicinity of a school or in the vicinity of a	9394
juvenile, trafficking in marihuana is a felony of the fourth	9395
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	9396
applies in determining whether to impose a prison term on the	9397
offender.	9398

(c) Except as otherwise provided in this division, if the	9399
amount of the drug involved equals or exceeds two hundred grams	9400
but is less than one thousand grams, trafficking in marihuana is a	9401
felony of the fourth degree, and division ~~(C)~~(B) of section	9402
2929.13 of the Revised Code applies in determining whether to	9403
impose a prison term on the offender. If the amount of the drug	9404
involved is within that range and if the offense was committed in	9405
the vicinity of a school or in the vicinity of a juvenile,	9406
trafficking in marihuana is a felony of the third degree, and	9407
division (C) of section 2929.13 of the Revised Code applies in	9408
determining whether to impose a prison term on the offender.	9409

(d) Except as otherwise provided in this division, if the	9410
amount of the drug involved equals or exceeds one thousand grams	9411
but is less than five thousand grams, trafficking in marihuana is	9412
a felony of the third degree, and division (C) of section 2929.13	9413
of the Revised Code applies in determining whether to impose a	9414
prison term on the offender. If the amount of the drug involved is	9415
within that range and if the offense was committed in the vicinity	9416
of a school or in the vicinity of a juvenile, trafficking in	9417
marihuana is a felony of the second degree, and there is a	9418
presumption that a prison term shall be imposed for the offense.	9419

(e) Except as otherwise provided in this division, if the	9420
amount of the drug involved equals or exceeds five thousand grams	9421
but is less than twenty thousand grams, trafficking in marihuana	9422
is a felony of the third degree, and there is a presumption that a	9423
prison term shall be imposed for the offense. If the amount of the	9424
drug involved is within that range and if the offense was	9425
committed in the vicinity of a school or in the vicinity of a	9426
juvenile, trafficking in marihuana is a felony of the second	9427
degree, and there is a presumption that a prison term shall be	9428
imposed for the offense.	9429

(f) Except as otherwise provided in this division, if the	9430
amount of the drug involved equals or exceeds twenty thousand	9431
grams but is less than forty thousand grams, trafficking in	9432
marihuana is a felony of the second degree, and the court shall	9433
impose a mandatory prison term of five, six, seven, or eight	9434
years. If the amount of the drug involved is within that range and	9435
if the offense was committed in the vicinity of a school or in the	9436
vicinity of a juvenile, trafficking in marihuana is a felony of	9437
the first degree, and the court shall impose as a mandatory prison	9438
term the maximum prison term prescribed for a felony of the first	9439
degree.	9440

(g) Except as otherwise provided in this division, if the	9441
amount of the drug involved equals or exceeds forty thousand	9442
grams, trafficking in marihuana is a felony of the second degree,	9443
and the court shall impose as a mandatory prison term the maximum	9444
prison term prescribed for a felony of the second degree. If the	9445
amount of the drug involved equals or exceeds ~~twenty~~forty	9446
thousand grams and if the offense was committed in the vicinity of	9447
a school or in the vicinity of a juvenile, trafficking in	9448
marihuana is a felony of the first degree, and the court shall	9449
impose as a mandatory prison term the maximum prison term	9450
prescribed for a felony of the first degree.	9451

~~(g)~~(h) Except as otherwise provided in this division, if the	9452
offense involves a gift of twenty grams or less of marihuana,	9453
trafficking in marihuana is a minor misdemeanor upon a first	9454
offense and a misdemeanor of the third degree upon a subsequent	9455
offense. If the offense involves a gift of twenty grams or less of	9456
marihuana and if the offense was committed in the vicinity of a	9457
school or in the vicinity of a juvenile, trafficking in marihuana	9458
is a misdemeanor of the third degree.	9459

(4) If the drug involved in the violation is cocaine or a	9460
compound, mixture, preparation, or substance containing cocaine,	9461
whoever violates division (A) of this section is guilty of	9462
trafficking in cocaine. The penalty for the offense shall be	9463
determined as follows:	9464

(a) Except as otherwise provided in division (C)(4)(b), (c),	9465
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	9466
felony of the fifth degree, and division (C) of section 2929.13 of	9467
the Revised Code applies in determining whether to impose a prison	9468
term on the offender.	9469

(b) Except as otherwise provided in division (C)(4)(c), (d),	9470
(e), (f), or (g) of this section, if the offense was committed in	9471
the vicinity of a school or in the vicinity of a juvenile,	9472
trafficking in cocaine is a felony of the fourth degree, and	9473
division (C) of section 2929.13 of the Revised Code applies in	9474
determining whether to impose a prison term on the offender.	9475

(c) Except as otherwise provided in this division, if the	9476
amount of the drug involved equals or exceeds five grams but is	9477
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	9478
~~or exceeds one gram but is less than five grams of crack cocaine~~,	9479
trafficking in cocaine is a felony of the fourth degree~~, and there~~	9480
~~is a presumption for a prison term for the offense~~, and division	9481
(B) of section 2929.13 of the Revised Code applies in determining	9482
whether to impose a prison term for the offense. If the amount of	9483
the drug involved is within ~~one of those ranges~~that range and if	9484
the offense was committed in the vicinity of a school or in the	9485
vicinity of a juvenile, trafficking in cocaine is a felony of the	9486
third degree, and there is a presumption for a prison term for the	9487
offense.	9488

(d) Except as otherwise provided in this division, if the	9489
amount of the drug involved equals or exceeds ten grams but is	9490
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	9491
~~cocaine or equals or exceeds five grams but is less than ten grams~~	9492
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	9493
degree, and, except as otherwise provided in this division, there	9494
is a presumption for a prison term for the offense. If trafficking	9495
in cocaine is a felony of the third degree under this division and	9496
if the offender two or more times previously has been convicted of	9497
or pleaded guilty to a felony drug abuse offense, the court shall	9498
impose as a mandatory prison term one of the prison terms	9499
prescribed for a felony of the third degree. If the amount of the	9500
drug involved is within ~~one of those ranges~~that range and if the	9501
offense was committed in the vicinity of a school or in the	9502
vicinity of a juvenile, trafficking in cocaine is a felony of the	9503
second degree, and the court shall impose as a mandatory prison	9504
term one of the prison terms prescribed for a felony of the second	9505
degree.	9506

(e) Except as otherwise provided in this division, if the	9507
amount of the drug involved equals or exceeds ~~one hundred~~twenty	9508
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	9509
~~that is not crack cocaine or equals or exceeds ten grams but is~~	9510
~~less than twenty-five grams of crack cocaine~~, trafficking in	9511
cocaine is a felony of the second degree, and the court shall	9512
impose as a mandatory prison term one of the prison terms	9513
prescribed for a felony of the second degree. If the amount of the	9514
drug involved is within ~~one of those ranges~~that range and if the	9515
offense was committed in the vicinity of a school or in the	9516
vicinity of a juvenile, trafficking in cocaine is a felony of the	9517
first degree, and the court shall impose as a mandatory prison	9518
term one of the prison terms prescribed for a felony of the first	9519
degree.	9520

(f) If the amount of the drug involved equals or exceeds ~~five~~	9521
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	9522
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	9523
~~twenty-five grams but is less than one hundred grams of crack~~	9524
~~cocaine~~ and regardless of whether the offense was committed in the	9525
vicinity of a school or in the vicinity of a juvenile, trafficking	9526
in cocaine is a felony of the first degree, and the court shall	9527
impose as a mandatory prison term one of the prison terms	9528
prescribed for a felony of the first degree.	9529

(g) If the amount of the drug involved equals or exceeds one	9530
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	9531
~~equals or exceeds one hundred grams of crack cocaine~~ and	9532
regardless of whether the offense was committed in the vicinity of	9533
a school or in the vicinity of a juvenile, trafficking in cocaine	9534
is a felony of the first degree, the offender is a major drug	9535
offender, and the court shall impose as a mandatory prison term	9536
the maximum prison term prescribed for a felony of the first	9537
degree ~~and may impose an additional mandatory prison term~~	9538
~~prescribed for a major drug offender under division (D)(3)(b) of~~	9539
~~section 2929.14 of the Revised Code~~.	9540

(5) If the drug involved in the violation is L.S.D. or a	9541
compound, mixture, preparation, or substance containing L.S.D.,	9542
whoever violates division (A) of this section is guilty of	9543
trafficking in L.S.D. The penalty for the offense shall be	9544
determined as follows:	9545

(a) Except as otherwise provided in division (C)(5)(b), (c),	9546
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	9547
felony of the fifth degree, and division (C) of section 2929.13 of	9548
the Revised Code applies in determining whether to impose a prison	9549
term on the offender.	9550

(b) Except as otherwise provided in division (C)(5)(c), (d),	9551
(e), (f), or (g) of this section, if the offense was committed in	9552
the vicinity of a school or in the vicinity of a juvenile,	9553
trafficking in L.S.D. is a felony of the fourth degree, and	9554
division (C) of section 2929.13 of the Revised Code applies in	9555
determining whether to impose a prison term on the offender.	9556

(c) Except as otherwise provided in this division, if the	9557
amount of the drug involved equals or exceeds ten unit doses but	9558
is less than fifty unit doses of L.S.D. in a solid form or equals	9559
or exceeds one gram but is less than five grams of L.S.D. in a	9560
liquid concentrate, liquid extract, or liquid distillate form,	9561
trafficking in L.S.D. is a felony of the fourth degree~~, and there~~	9562
~~is a presumption for a prison term for the offense~~, and division	9563
(B) of section 2929.13 of the Revised Code applies in determining	9564
whether to impose a prison term for the offense. If the amount of	9565
the drug involved is within that range and if the offense was	9566
committed in the vicinity of a school or in the vicinity of a	9567
juvenile, trafficking in L.S.D. is a felony of the third degree,	9568
and there is a presumption for a prison term for the offense.	9569

(d) Except as otherwise provided in this division, if the	9570
amount of the drug involved equals or exceeds fifty unit doses but	9571
is less than two hundred fifty unit doses of L.S.D. in a solid	9572
form or equals or exceeds five grams but is less than twenty-five	9573
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	9574
distillate form, trafficking in L.S.D. is a felony of the third	9575
degree, and, except as otherwise provided in this division, there	9576
is a presumption for a prison term for the offense. If trafficking	9577
in L.S.D. is a felony of the third degree under this division and	9578
if the offender two or more times previously has been convicted of	9579
or pleaded guilty to a felony drug abuse offense, the court shall	9580
impose as a mandatory prison term one of the prison terms	9581
prescribed for a felony of the third degree. If the amount of the	9582
drug involved is within that range and if the offense was	9583
committed in the vicinity of a school or in the vicinity of a	9584
juvenile, trafficking in L.S.D. is a felony of the second degree,	9585
and the court shall impose as a mandatory prison term one of the	9586
prison terms prescribed for a felony of the second degree.	9587

(e) Except as otherwise provided in this division, if the	9588
amount of the drug involved equals or exceeds two hundred fifty	9589
unit doses but is less than one thousand unit doses of L.S.D. in a	9590
solid form or equals or exceeds twenty-five grams but is less than	9591
one hundred grams of L.S.D. in a liquid concentrate, liquid	9592
extract, or liquid distillate form, trafficking in L.S.D. is a	9593
felony of the second degree, and the court shall impose as a	9594
mandatory prison term one of the prison terms prescribed for a	9595
felony of the second degree. If the amount of the drug involved is	9596
within that range and if the offense was committed in the vicinity	9597
of a school or in the vicinity of a juvenile, trafficking in	9598
L.S.D. is a felony of the first degree, and the court shall impose	9599
as a mandatory prison term one of the prison terms prescribed for	9600
a felony of the first degree.	9601

(f) If the amount of the drug involved equals or exceeds one	9602
thousand unit doses but is less than five thousand unit doses of	9603
L.S.D. in a solid form or equals or exceeds one hundred grams but	9604
is less than five hundred grams of L.S.D. in a liquid concentrate,	9605
liquid extract, or liquid distillate form and regardless of	9606
whether the offense was committed in the vicinity of a school or	9607
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	9608
of the first degree, and the court shall impose as a mandatory	9609
prison term one of the prison terms prescribed for a felony of the	9610
first degree.	9611

(g) If the amount of the drug involved equals or exceeds five	9612
thousand unit doses of L.S.D. in a solid form or equals or exceeds	9613
five hundred grams of L.S.D. in a liquid concentrate, liquid	9614
extract, or liquid distillate form and regardless of whether the	9615
offense was committed in the vicinity of a school or in the	9616
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	9617
first degree, the offender is a major drug offender, and the court	9618
shall impose as a mandatory prison term the maximum prison term	9619
prescribed for a felony of the first degree ~~and may impose an~~	9620
~~additional mandatory prison term prescribed for a major drug~~	9621
~~offender under division (D)(3)(b) of section 2929.14 of the~~	9622
~~Revised Code~~.	9623

(6) If the drug involved in the violation is heroin or a	9624
compound, mixture, preparation, or substance containing heroin,	9625
whoever violates division (A) of this section is guilty of	9626
trafficking in heroin. The penalty for the offense shall be	9627
determined as follows:	9628

(a) Except as otherwise provided in division (C)(6)(b), (c),	9629
(d), (e), (f), or (g) of this section, trafficking in heroin is a	9630
felony of the fifth degree, and division (C) of section 2929.13 of	9631
the Revised Code applies in determining whether to impose a prison	9632
term on the offender.	9633

(b) Except as otherwise provided in division (C)(6)(c), (d),	9634
(e), (f), or (g) of this section, if the offense was committed in	9635
the vicinity of a school or in the vicinity of a juvenile,	9636
trafficking in heroin is a felony of the fourth degree, and	9637
division (C) of section 2929.13 of the Revised Code applies in	9638
determining whether to impose a prison term on the offender.	9639

(c) Except as otherwise provided in this division, if the	9640
amount of the drug involved equals or exceeds ten unit doses but	9641
is less than fifty unit doses or equals or exceeds one gram but is	9642
less than five grams, trafficking in heroin is a felony of the	9643
fourth degree~~, and there is a presumption for a prison term for~~	9644
~~the offense~~, and division (B) of section 2929.13 of the Revised	9645
Code applies in determining whether to impose a prison term for	9646
the offense. If the amount of the drug involved is within that	9647
range and if the offense was committed in the vicinity of a school	9648
or in the vicinity of a juvenile, trafficking in heroin is a	9649
felony of the third degree, and there is a presumption for a	9650
prison term for the offense.	9651

(d) Except as otherwise provided in this division, if the	9652
amount of the drug involved equals or exceeds fifty unit doses but	9653
is less than one hundred unit doses or equals or exceeds five	9654
grams but is less than ten grams, trafficking in heroin is a	9655
felony of the third degree, and there is a presumption for a	9656
prison term for the offense. If the amount of the drug involved is	9657
within that range and if the offense was committed in the vicinity	9658
of a school or in the vicinity of a juvenile, trafficking in	9659
heroin is a felony of the second degree, and there is a	9660
presumption for a prison term for the offense.	9661

(e) Except as otherwise provided in this division, if the	9662
amount of the drug involved equals or exceeds one hundred unit	9663
doses but is less than five hundred unit doses or equals or	9664
exceeds ten grams but is less than fifty grams, trafficking in	9665
heroin is a felony of the second degree, and the court shall	9666
impose as a mandatory prison term one of the prison terms	9667
prescribed for a felony of the second degree. If the amount of the	9668
drug involved is within that range and if the offense was	9669
committed in the vicinity of a school or in the vicinity of a	9670
juvenile, trafficking in heroin is a felony of the first degree,	9671
and the court shall impose as a mandatory prison term one of the	9672
prison terms prescribed for a felony of the first degree.	9673

(f) If the amount of the drug involved equals or exceeds five	9674
hundred unit doses but is less than two thousand five hundred unit	9675
doses or equals or exceeds fifty grams but is less than two	9676
hundred fifty grams and regardless of whether the offense was	9677
committed in the vicinity of a school or in the vicinity of a	9678
juvenile, trafficking in heroin is a felony of the first degree,	9679
and the court shall impose as a mandatory prison term one of the	9680
prison terms prescribed for a felony of the first degree.	9681

(g) If the amount of the drug involved equals or exceeds two	9682
thousand five hundred unit doses or equals or exceeds two hundred	9683
fifty grams and regardless of whether the offense was committed in	9684
the vicinity of a school or in the vicinity of a juvenile,	9685
trafficking in heroin is a felony of the first degree, the	9686
offender is a major drug offender, and the court shall impose as a	9687
mandatory prison term the maximum prison term prescribed for a	9688
felony of the first degree ~~and may impose an additional mandatory~~	9689
~~prison term prescribed for a major drug offender under division~~	9690
~~(D)(3)(b) of section 2929.14 of the Revised Code~~.	9691

(7) If the drug involved in the violation is hashish or a	9692
compound, mixture, preparation, or substance containing hashish,	9693
whoever violates division (A) of this section is guilty of	9694
trafficking in hashish. The penalty for the offense shall be	9695
determined as follows:	9696

(a) Except as otherwise provided in division (C)(7)(b), (c),	9697
(d), (e), or (f), or (g) of this section, trafficking in hashish	9698
is a felony of the fifth degree, and division ~~(C)~~(B) of section	9699
2929.13 of the Revised Code applies in determining whether to	9700
impose a prison term on the offender.	9701

(b) Except as otherwise provided in division (C)(7)(c), (d),	9702
(e), or (f), or (g) of this section, if the offense was committed	9703
in the vicinity of a school or in the vicinity of a juvenile,	9704
trafficking in hashish is a felony of the fourth degree, and	9705
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	9706
determining whether to impose a prison term on the offender.	9707

(c) Except as otherwise provided in this division, if the	9708
amount of the drug involved equals or exceeds ten grams but is	9709
less than fifty grams of hashish in a solid form or equals or	9710
exceeds two grams but is less than ten grams of hashish in a	9711
liquid concentrate, liquid extract, or liquid distillate form,	9712
trafficking in hashish is a felony of the fourth degree, and	9713
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	9714
determining whether to impose a prison term on the offender. If	9715
the amount of the drug involved is within that range and if the	9716
offense was committed in the vicinity of a school or in the	9717
vicinity of a juvenile, trafficking in hashish is a felony of the	9718
third degree, and division (C) of section 2929.13 of the Revised	9719
Code applies in determining whether to impose a prison term on the	9720
offender.	9721

(d) Except as otherwise provided in this division, if the	9722
amount of the drug involved equals or exceeds fifty grams but is	9723
less than two hundred fifty grams of hashish in a solid form or	9724
equals or exceeds ten grams but is less than fifty grams of	9725
hashish in a liquid concentrate, liquid extract, or liquid	9726
distillate form, trafficking in hashish is a felony of the third	9727
degree, and division (C) of section 2929.13 of the Revised Code	9728
applies in determining whether to impose a prison term on the	9729
offender. If the amount of the drug involved is within that range	9730
and if the offense was committed in the vicinity of a school or in	9731
the vicinity of a juvenile, trafficking in hashish is a felony of	9732
the second degree, and there is a presumption that a prison term	9733
shall be imposed for the offense.	9734

(e) Except as otherwise provided in this division, if the	9735
amount of the drug involved equals or exceeds two hundred fifty	9736
grams but is less than one thousand grams of hashish in a solid	9737
form or equals or exceeds fifty grams but is less than two hundred	9738
grams of hashish in a liquid concentrate, liquid extract, or	9739
liquid distillate form, trafficking in hashish is a felony of the	9740
third degree, and there is a presumption that a prison term shall	9741
be imposed for the offense. If the amount of the drug involved is	9742
within that range and if the offense was committed in the vicinity	9743
of a school or in the vicinity of a juvenile, trafficking in	9744
hashish is a felony of the second degree, and there is a	9745
presumption that a prison term shall be imposed for the offense.	9746

(f) Except as otherwise provided in this division, if the	9747
amount of the drug involved equals or exceeds one thousand grams	9748
but is less than two thousand grams of hashish in a solid form or	9749
equals or exceeds two hundred grams but is less than four hundred	9750
grams of hashish in a liquid concentrate, liquid extract, or	9751
liquid distillate form trafficking in hashish is a felony of the	9752
second degree, and the court shall impose a mandatory prison term	9753
of five, six, seven, or eight years. If the amount of the drug	9754
involved is within that range and if the offense was committed in	9755
the vicinity of a school or in the vicinity of a juvenile,	9756
trafficking in hashish is a felony of the first degree, and the	9757
court shall impose as a mandatory prison term the maximum prison	9758
term prescribed for a felony of the first degree.	9759

(g) Except as otherwise provided in this division, if the	9760
amount of the drug involved equals or exceeds two thousand grams	9761
of hashish in a solid form or equals or exceeds four hundred grams	9762
of hashish in a liquid concentrate, liquid extract, or liquid	9763
distillate form, trafficking in hashish is a felony of the second	9764
degree, and the court shall impose as a mandatory prison term the	9765
maximum prison term prescribed for a felony of the second degree.	9766
If the amount of the drug involved ~~is within that range~~equals or	9767
exceeds two thousand grams of hashish in a solid form or equals or	9768
exceeds four hundred grams of hashish in a liquid concentrate,	9769
liquid extract, or liquid distillate form and if the offense was	9770
committed in the vicinity of a school or in the vicinity of a	9771
juvenile, trafficking in hashish is a felony of the first degree,	9772
and the court shall impose as a mandatory prison term the maximum	9773
prison term prescribed for a felony of the first degree.	9774

(D) In addition to any prison term authorized or required by	9775
division (C) of this section and sections 2929.13 and 2929.14 of	9776
the Revised Code, and in addition to any other sanction imposed	9777
for the offense under this section or sections 2929.11 to 2929.18	9778
of the Revised Code, the court that sentences an offender who is	9779
convicted of or pleads guilty to a violation of division (A) of	9780
this section shall do all of the following that are applicable	9781
regarding the offender:	9782

(1) If the violation of division (A) of this section is a	9783
felony of the first, second, or third degree, the court shall	9784
impose upon the offender the mandatory fine specified for the	9785
offense under division (B)(1) of section 2929.18 of the Revised	9786
Code unless, as specified in that division, the court determines	9787
that the offender is indigent. Except as otherwise provided in	9788
division (H)(1) of this section, a mandatory fine or any other	9789
fine imposed for a violation of this section is subject to	9790
division (F) of this section. If a person is charged with a	9791
violation of this section that is a felony of the first, second,	9792
or third degree, posts bail, and forfeits the bail, the clerk of	9793
the court shall pay the forfeited bail pursuant to divisions	9794
(D)(1) and (F) of this section, as if the forfeited bail was a	9795
fine imposed for a violation of this section. If any amount of the	9796
forfeited bail remains after that payment and if a fine is imposed	9797
under division (H)(1) of this section, the clerk of the court	9798
shall pay the remaining amount of the forfeited bail pursuant to	9799
divisions (H)(2) and (3) of this section, as if that remaining	9800
amount was a fine imposed under division (H)(1) of this section.	9801

(2) The court shall suspend the driver's or commercial	9802
driver's license or permit of the offender in accordance with	9803
division (G) of this section.	9804

(3) If the offender is a professionally licensed person, the	9805
court immediately shall comply with section 2925.38 of the Revised	9806
Code.	9807

(E) When a person is charged with the sale of or offer to	9808
sell a bulk amount or a multiple of a bulk amount of a controlled	9809
substance, the jury, or the court trying the accused, shall	9810
determine the amount of the controlled substance involved at the	9811
time of the offense and, if a guilty verdict is returned, shall	9812
return the findings as part of the verdict. In any such case, it	9813
is unnecessary to find and return the exact amount of the	9814
controlled substance involved, and it is sufficient if the finding	9815
and return is to the effect that the amount of the controlled	9816
substance involved is the requisite amount, or that the amount of	9817
the controlled substance involved is less than the requisite	9818
amount.	9819

(F)(1) Notwithstanding any contrary provision of section	9820
3719.21 of the Revised Code and except as provided in division (H)	9821
of this section, the clerk of the court shall pay any mandatory	9822
fine imposed pursuant to division (D)(1) of this section and any	9823
fine other than a mandatory fine that is imposed for a violation	9824
of this section pursuant to division (A) or (B)(5) of section	9825
2929.18 of the Revised Code to the county, township, municipal	9826
corporation, park district, as created pursuant to section 511.18	9827
or 1545.04 of the Revised Code, or state law enforcement agencies	9828
in this state that primarily were responsible for or involved in	9829
making the arrest of, and in prosecuting, the offender. However,	9830
the clerk shall not pay a mandatory fine so imposed to a law	9831
enforcement agency unless the agency has adopted a written	9832
internal control policy under division (F)(2) of this section that	9833
addresses the use of the fine moneys that it receives. Each agency	9834
shall use the mandatory fines so paid to subsidize the agency's	9835
law enforcement efforts that pertain to drug offenses, in	9836
accordance with the written internal control policy adopted by the	9837
recipient agency under division (F)(2) of this section.	9838

(2)(a) Prior to receiving any fine moneys under division	9839
(F)(1) of this section or division (B) of section 2925.42 of the	9840
Revised Code, a law enforcement agency shall adopt a written	9841
internal control policy that addresses the agency's use and	9842
disposition of all fine moneys so received and that provides for	9843
the keeping of detailed financial records of the receipts of those	9844
fine moneys, the general types of expenditures made out of those	9845
fine moneys, and the specific amount of each general type of	9846
expenditure. The policy shall not provide for or permit the	9847
identification of any specific expenditure that is made in an	9848
ongoing investigation. All financial records of the receipts of	9849
those fine moneys, the general types of expenditures made out of	9850
those fine moneys, and the specific amount of each general type of	9851
expenditure by an agency are public records open for inspection	9852
under section 149.43 of the Revised Code. Additionally, a written	9853
internal control policy adopted under this division is such a	9854
public record, and the agency that adopted it shall comply with	9855
it.	9856

(b) Each law enforcement agency that receives in any calendar	9857
year any fine moneys under division (F)(1) of this section or	9858
division (B) of section 2925.42 of the Revised Code shall prepare	9859
a report covering the calendar year that cumulates all of the	9860
information contained in all of the public financial records kept	9861
by the agency pursuant to division (F)(2)(a) of this section for	9862
that calendar year, and shall send a copy of the cumulative	9863
report, no later than the first day of March in the calendar year	9864
following the calendar year covered by the report, to the attorney	9865
general. Each report received by the attorney general is a public	9866
record open for inspection under section 149.43 of the Revised	9867
Code. Not later than the fifteenth day of April in the calendar	9868
year in which the reports are received, the attorney general shall	9869
send to the president of the senate and the speaker of the house	9870
of representatives a written notification that does all of the	9871
following:	9872

(i) Indicates that the attorney general has received from law	9873
enforcement agencies reports of the type described in this	9874
division that cover the previous calendar year and indicates that	9875
the reports were received under this division;	9876

(ii) Indicates that the reports are open for inspection under	9877
section 149.43 of the Revised Code;	9878

(iii) Indicates that the attorney general will provide a copy	9879
of any or all of the reports to the president of the senate or the	9880
speaker of the house of representatives upon request.	9881

(3) As used in division (F) of this section:

9882

(a) "Law enforcement agencies" includes, but is not limited	9883
to, the state board of pharmacy and the office of a prosecutor.	9884

(b) "Prosecutor" has the same meaning as in section 2935.01	9885
of the Revised Code.	9886

(G) When required under division (D)(2) of this section or	9887
any other provision of this chapter, the court shall suspend for	9888
not less than six months or more than five years the driver's or	9889
commercial driver's license or permit of any person who is	9890
convicted of or pleads guilty to any violation of this section or	9891
any other specified provision of this chapter. If an offender's	9892
driver's or commercial driver's license or permit is suspended	9893
pursuant to this division, the offender, at any time after the	9894
expiration of two years from the day on which the offender's	9895
sentence was imposed or from the day on which the offender finally	9896
was released from a prison term under the sentence, whichever is	9897
later, may file a motion with the sentencing court requesting	9898
termination of the suspension; upon the filing of such a motion	9899
and the court's finding of good cause for the termination, the	9900
court may terminate the suspension.	9901

(H)(1) In addition to any prison term authorized or required	9902
by division (C) of this section and sections 2929.13 and 2929.14	9903
of the Revised Code, in addition to any other penalty or sanction	9904
imposed for the offense under this section or sections 2929.11 to	9905
2929.18 of the Revised Code, and in addition to the forfeiture of	9906
property in connection with the offense as prescribed in Chapter	9907
2981. of the Revised Code, the court that sentences an offender	9908
who is convicted of or pleads guilty to a violation of division	9909
(A) of this section may impose upon the offender an additional	9910
fine specified for the offense in division (B)(4) of section	9911
2929.18 of the Revised Code. A fine imposed under division (H)(1)	9912
of this section is not subject to division (F) of this section and	9913
shall be used solely for the support of one or more eligible	9914
alcohol and drug addiction programs in accordance with divisions	9915
(H)(2) and (3) of this section.	9916

(2) The court that imposes a fine under division (H)(1) of	9917
this section shall specify in the judgment that imposes the fine	9918
one or more eligible alcohol and drug addiction programs for the	9919
support of which the fine money is to be used. No alcohol and drug	9920
addiction program shall receive or use money paid or collected in	9921
satisfaction of a fine imposed under division (H)(1) of this	9922
section unless the program is specified in the judgment that	9923
imposes the fine. No alcohol and drug addiction program shall be	9924
specified in the judgment unless the program is an eligible	9925
alcohol and drug addiction program and, except as otherwise	9926
provided in division (H)(2) of this section, unless the program is	9927
located in the county in which the court that imposes the fine is	9928
located or in a county that is immediately contiguous to the	9929
county in which that court is located. If no eligible alcohol and	9930
drug addiction program is located in any of those counties, the	9931
judgment may specify an eligible alcohol and drug addiction	9932
program that is located anywhere within this state.	9933

(3) Notwithstanding any contrary provision of section 3719.21	9934
of the Revised Code, the clerk of the court shall pay any fine	9935
imposed under division (H)(1) of this section to the eligible	9936
alcohol and drug addiction program specified pursuant to division	9937
(H)(2) of this section in the judgment. The eligible alcohol and	9938
drug addiction program that receives the fine moneys shall use the	9939
moneys only for the alcohol and drug addiction services identified	9940
in the application for certification under section 3793.06 of the	9941
Revised Code or in the application for a license under section	9942
3793.11 of the Revised Code filed with the department of alcohol	9943
and drug addiction services by the alcohol and drug addiction	9944
program specified in the judgment.	9945

(4) Each alcohol and drug addiction program that receives in	9946
a calendar year any fine moneys under division (H)(3) of this	9947
section shall file an annual report covering that calendar year	9948
with the court of common pleas and the board of county	9949
commissioners of the county in which the program is located, with	9950
the court of common pleas and the board of county commissioners of	9951
each county from which the program received the moneys if that	9952
county is different from the county in which the program is	9953
located, and with the attorney general. The alcohol and drug	9954
addiction program shall file the report no later than the first	9955
day of March in the calendar year following the calendar year in	9956
which the program received the fine moneys. The report shall	9957
include statistics on the number of persons served by the alcohol	9958
and drug addiction program, identify the types of alcohol and drug	9959
addiction services provided to those persons, and include a	9960
specific accounting of the purposes for which the fine moneys	9961
received were used. No information contained in the report shall	9962
identify, or enable a person to determine the identity of, any	9963
person served by the alcohol and drug addiction program. Each	9964
report received by a court of common pleas, a board of county	9965
commissioners, or the attorney general is a public record open for	9966
inspection under section 149.43 of the Revised Code.	9967

(5) As used in divisions (H)(1) to (5) of this section:

9968

(a) "Alcohol and drug addiction program" and "alcohol and	9969
drug addiction services" have the same meanings as in section	9970
3793.01 of the Revised Code.	9971

(b) "Eligible alcohol and drug addiction program" means an	9972
alcohol and drug addiction program that is certified under section	9973
3793.06 of the Revised Code or licensed under section 3793.11 of	9974
the Revised Code by the department of alcohol and drug addiction	9975
services.	9976

(I) As used in this section, "drug" includes any substance	9977
that is represented to be a drug.	9978

Sec. 2925.04. (A) No person shall knowingly cultivate	9979
marihuana or knowingly manufacture or otherwise engage in any part	9980
of the production of a controlled substance.	9981

(B) This section does not apply to any person listed in	9982
division (B)(1), (2), or (3) of section 2925.03 of the Revised	9983
Code to the extent and under the circumstances described in those	9984
divisions.	9985

(C)(1) Whoever commits a violation of division (A) of this	9986
section that involves any drug other than marihuana is guilty of	9987
illegal manufacture of drugs, and whoever commits a violation of	9988
division (A) of this section that involves marihuana is guilty of	9989
illegal cultivation of marihuana.	9990

(2) Except as otherwise provided in this division, if the	9991
drug involved in the violation of division (A) of this section is	9992
any compound, mixture, preparation, or substance included in	9993
schedule I or II, with the exception of methamphetamine or	9994
marihuana, illegal manufacture of drugs is a felony of the second	9995
degree, and, subject to division (E) of this section, the court	9996
shall impose as a mandatory prison term one of the prison terms	9997
prescribed for a felony of the second degree.	9998

If the drug involved in the violation is any compound,	9999
mixture, preparation, or substance included in schedule I or II,	10000
with the exception of methamphetamine or marihuana, and if the	10001
offense was committed in the vicinity of a juvenile or in the	10002
vicinity of a school, illegal manufacture of drugs is a felony of	10003
the first degree, and, subject to division (E) of this section,	10004
the court shall impose as a mandatory prison term one of the	10005
prison terms prescribed for a felony of the first degree.	10006

(3) If the drug involved in the violation of division (A) of	10007
this section is methamphetamine, the penalty for the violation	10008
shall be determined as follows:	10009

(a) Except as otherwise provided in division (C)(3)(b) of	10010
this section, if the drug involved in the violation is	10011
methamphetamine, illegal manufacture of drugs is a felony of the	10012
second degree, and, subject to division (E) of this section, the	10013
court shall impose a mandatory prison term on the offender	10014
determined in accordance with this division. Except as otherwise	10015
provided in this division, the court shall impose as a mandatory	10016
prison term one of the prison terms prescribed for a felony of the	10017
second degree that is not less than three years. If the offender	10018
previously has been convicted of or pleaded guilty to a violation	10019
of division (A) of this section, a violation of division (B)(6) of	10020
section 2919.22 of the Revised Code, or a violation of division	10021
(A) of section 2925.041 of the Revised Code, the court shall	10022
impose as a mandatory prison term one of the prison terms	10023
prescribed for a felony of the second degree that is not less than	10024
five years.	10025

(b) If the drug involved in the violation is methamphetamine	10026
and if the offense was committed in the vicinity of a juvenile, in	10027
the vicinity of a school, or on public premises, illegal	10028
manufacture of drugs is a felony of the first degree, and, subject	10029
to division (E) of this section, the court shall impose a	10030
mandatory prison term on the offender determined in accordance	10031
with this division. Except as otherwise provided in this division,	10032
the court shall impose as a mandatory prison term one of the	10033
prison terms prescribed for a felony of the first degree that is	10034
not less than four years. If the offender previously has been	10035
convicted of or pleaded guilty to a violation of division (A) of	10036
this section, a violation of division (B)(6) of section 2919.22 of	10037
the Revised Code, or a violation of division (A) of section	10038
2925.041 of the Revised Code, the court shall impose as a	10039
mandatory prison term one of the prison terms prescribed for a	10040
felony of the first degree that is not less than five years.	10041

(4) If the drug involved in the violation of division (A) of	10042
this section is any compound, mixture, preparation, or substance	10043
included in schedule III, IV, or V, illegal manufacture of drugs	10044
is a felony of the third degree or, if the offense was committed	10045
in the vicinity of a school or in the vicinity of a juvenile, a	10046
felony of the second degree, and there is a presumption for a	10047
prison term for the offense.	10048

(5) If the drug involved in the violation is marihuana, the	10049
penalty for the offense shall be determined as follows:	10050

(a) Except as otherwise provided in division (C)(5)(b), (c),	10051
(d), (e), or (f) of this section, illegal cultivation of marihuana	10052
is a minor misdemeanor or, if the offense was committed in the	10053
vicinity of a school or in the vicinity of a juvenile, a	10054
misdemeanor of the fourth degree.	10055

(b) If the amount of marihuana involved equals or exceeds one	10056
hundred grams but is less than two hundred grams, illegal	10057
cultivation of marihuana is a misdemeanor of the fourth degree or,	10058
if the offense was committed in the vicinity of a school or in the	10059
vicinity of a juvenile, a misdemeanor of the third degree.	10060

(c) If the amount of marihuana involved equals or exceeds two	10061
hundred grams but is less than one thousand grams, illegal	10062
cultivation of marihuana is a felony of the fifth degree or, if	10063
the offense was committed in the vicinity of a school or in the	10064
vicinity of a juvenile, a felony of the fourth degree, and	10065
division (B) of section 2929.13 of the Revised Code applies in	10066
determining whether to impose a prison term on the offender.	10067

(d) If the amount of marihuana involved equals or exceeds one	10068
thousand grams but is less than five thousand grams, illegal	10069
cultivation of marihuana is a felony of the third degree or, if	10070
the offense was committed in the vicinity of a school or in the	10071
vicinity of a juvenile, a felony of the second degree, and	10072
division (C) of section 2929.13 of the Revised Code applies in	10073
determining whether to impose a prison term on the offender.	10074

(e) If the amount of marihuana involved equals or exceeds	10075
five thousand grams but is less than twenty thousand grams,	10076
illegal cultivation of marihuana is a felony of the third degree	10077
or, if the offense was committed in the vicinity of a school or in	10078
the vicinity of a juvenile, a felony of the second degree, and	10079
there is a presumption for a prison term for the offense.	10080

(f) Except as otherwise provided in this division, if the	10081
amount of marihuana involved equals or exceeds twenty thousand	10082
grams, illegal cultivation of marihuana is a felony of the second	10083
degree, and the court shall impose as a mandatory prison term the	10084
maximum prison term prescribed for a felony of the second degree.	10085
If the amount of the drug involved equals or exceeds twenty	10086
thousand grams and if the offense was committed in the vicinity of	10087
a school or in the vicinity of a juvenile, illegal cultivation of	10088
marihuana is a felony of the first degree, and the court shall	10089
impose as a mandatory prison term the maximum prison term	10090
prescribed for a felony of the first degree.	10091

(D) In addition to any prison term authorized or required by	10092
division (C) or (E) of this section and sections 2929.13 and	10093
2929.14 of the Revised Code and in addition to any other sanction	10094
imposed for the offense under this section or sections 2929.11 to	10095
2929.18 of the Revised Code, the court that sentences an offender	10096
who is convicted of or pleads guilty to a violation of division	10097
(A) of this section shall do all of the following that are	10098
applicable regarding the offender:	10099

(1) If the violation of division (A) of this section is a	10100
felony of the first, second, or third degree, the court shall	10101
impose upon the offender the mandatory fine specified for the	10102
offense under division (B)(1) of section 2929.18 of the Revised	10103
Code unless, as specified in that division, the court determines	10104
that the offender is indigent. The clerk of the court shall pay a	10105
mandatory fine or other fine imposed for a violation of this	10106
section pursuant to division (A) of section 2929.18 of the Revised	10107
Code in accordance with and subject to the requirements of	10108
division (F) of section 2925.03 of the Revised Code. The agency	10109
that receives the fine shall use the fine as specified in division	10110
(F) of section 2925.03 of the Revised Code. If a person is charged	10111
with a violation of this section that is a felony of the first,	10112
second, or third degree, posts bail, and forfeits the bail, the	10113
clerk shall pay the forfeited bail as if the forfeited bail were a	10114
fine imposed for a violation of this section.	10115

(2) The court shall suspend the offender's driver's or	10116
commercial driver's license or permit in accordance with division	10117
(G) of section 2925.03 of the Revised Code. If an offender's	10118
driver's or commercial driver's license or permit is suspended in	10119
accordance with that division, the offender may request	10120
termination of, and the court may terminate, the suspension in	10121
accordance with that division.	10122

(3) If the offender is a professionally licensed person, the	10123
court immediately shall comply with section 2925.38 of the Revised	10124
Code.	10125

(E) Notwithstanding the prison term otherwise authorized or	10126
required for the offense under division (C) of this section and	10127
sections 2929.13 and 2929.14 of the Revised Code, if the violation	10128
of division (A) of this section involves the sale, offer to sell,	10129
or possession of a schedule I or II controlled substance, with the	10130
exception of marihuana, and if the court imposing sentence upon	10131
the offender finds that the offender as a result of the violation	10132
is a major drug offender and is guilty of a specification of the	10133
type described in section 2941.1410 of the Revised Code, the	10134
court, in lieu of the prison term otherwise authorized or	10135
required, shall impose upon the offender the mandatory prison term	10136
specified in division ~~(D)~~(B)(3)(a) of section 2929.14 of the	10137
Revised Code ~~and may impose an additional prison term under~~	10138
~~division (D)(3)(b) of that section~~.	10139

(F) It is an affirmative defense, as provided in section	10140
2901.05 of the Revised Code, to a charge under this section for a	10141
fifth degree felony violation of illegal cultivation of marihuana	10142
that the marihuana that gave rise to the charge is in an amount,	10143
is in a form, is prepared, compounded, or mixed with substances	10144
that are not controlled substances in a manner, or is possessed or	10145
cultivated under any other circumstances that indicate that the	10146
marihuana was solely for personal use.	10147

Notwithstanding any contrary provision of division (F) of	10148
this section, if, in accordance with section 2901.05 of the	10149
Revised Code, a person who is charged with a violation of illegal	10150
cultivation of marihuana that is a felony of the fifth degree	10151
sustains the burden of going forward with evidence of and	10152
establishes by a preponderance of the evidence the affirmative	10153
defense described in this division, the person may be prosecuted	10154
for and may be convicted of or plead guilty to a misdemeanor	10155
violation of illegal cultivation of marihuana.	10156

(G) Arrest or conviction for a minor misdemeanor violation of	10157
this section does not constitute a criminal record and need not be	10158
reported by the person so arrested or convicted in response to any	10159
inquiries about the person's criminal record, including any	10160
inquiries contained in an application for employment, a license,	10161
or any other right or privilege or made in connection with the	10162
person's appearance as a witness.	10163

Sec. 2925.041. (A) No person shall knowingly assemble or	10164
possess one or more chemicals that may be used to manufacture a	10165
controlled substance in schedule I or II with the intent to	10166
manufacture a controlled substance in schedule I or II in	10167
violation of section 2925.04 of the Revised Code.	10168

(B) In a prosecution under this section, it is not necessary	10169
to allege or prove that the offender assembled or possessed all	10170
chemicals necessary to manufacture a controlled substance in	10171
schedule I or II. The assembly or possession of a single chemical	10172
that may be used in the manufacture of a controlled substance in	10173
schedule I or II, with the intent to manufacture a controlled	10174
substance in either schedule, is sufficient to violate this	10175
section.	10176

(C) Whoever violates this section is guilty of illegal	10177
assembly or possession of chemicals for the manufacture of drugs.	10178
Except as otherwise provided in this division, illegal assembly or	10179
possession of chemicals for the manufacture of drugs is a felony	10180
of the third degree, and, except as otherwise provided in division	10181
(C)(1) or (2) of this section, division (C) of section 2929.13 of	10182
the Revised Code applies in determining whether to impose a prison	10183
term on the offender. If the offense was committed in the vicinity	10184
of a juvenile or in the vicinity of a school, illegal assembly or	10185
possession of chemicals for the manufacture of drugs is a felony	10186
of the second degree, and, except as otherwise provided in	10187
division (C)(1) or (2) of this section, division (C) of section	10188
2929.13 of the Revised Code applies in determining whether to	10189
impose a prison term on the offender. If the violation of division	10190
(A) of this section is a felony of the third degree under this	10191
division and if the chemical or chemicals assembled or possessed	10192
in violation of division (A) of this section may be used to	10193
manufacture methamphetamine, there either is a presumption for a	10194
prison term for the offense or the court shall impose a mandatory	10195
prison term on the offender, determined as follows:	10196

(1) ~~If the violation of division (A) of this section is a~~	10197
~~felony of the third degree under division (C) of this section and~~	10198
~~the chemical or chemicals assembled or possessed in committing the~~	10199
~~violation may be used to manufacture methamphetamine~~Except as	10200
otherwise provided in this division, there is a presumption for a	10201
prison term for the offense. If the offender two or more times	10202
previously has been convicted of or pleaded guilty to a felony	10203
drug abuse offense, except as otherwise provided in this division,	10204
the court shall impose as a mandatory prison term one of the	10205
prison terms prescribed for a felony of the third degree that is	10206
not less than two years. If the ~~violation of division (A) of this~~	10207
~~section is a felony of the third degree under division (C) of this~~	10208
~~section, if the chemical or chemicals assembled or possessed in~~	10209
~~committing the violation may be used to manufacture~~	10210
~~methamphetamine, and if the~~ offender two or more times previously	10211
has been convicted of or pleaded guilty to a felony drug abuse	10212
offense and if at least one of those previous convictions or	10213
guilty pleas was to a violation of division (A) of this section, a	10214
violation of division (B)(6) of section 2919.22 of the Revised	10215
Code, or a violation of division (A) of section 2925.04 of the	10216
Revised Code, the court shall impose as a mandatory prison term	10217
one of the prison terms prescribed for a felony of the third	10218
degree that is not less than five years.	10219

(2) If the violation of division (A) of this section is a	10220
felony of the second degree under division (C) of this section and	10221
the chemical or chemicals assembled or possessed in committing the	10222
violation may be used to manufacture methamphetamine, the court	10223
shall impose as a mandatory prison term one of the prison terms	10224
prescribed for a felony of the second degree that is not less than	10225
three years. If the violation of division (A) of this section is a	10226
felony of the second degree under division (C) of this section, if	10227
the chemical or chemicals assembled or possessed in committing the	10228
violation may be used to manufacture methamphetamine, and if the	10229
offender previously has been convicted of or pleaded guilty to a	10230
violation of division (A) of this section, a violation of division	10231
(B)(6) of section 2919.22 of the Revised Code, or a violation of	10232
division (A) of section 2925.04 of the Revised Code, the court	10233
shall impose as a mandatory prison term one of the prison terms	10234
prescribed for a felony of the second degree that is not less than	10235
five years.	10236

(D) In addition to any prison term authorized by division (C)	10237
of this section and sections 2929.13 and 2929.14 of the Revised	10238
Code and in addition to any other sanction imposed for the offense	10239
under this section or sections 2929.11 to 2929.18 of the Revised	10240
Code, the court that sentences an offender who is convicted of or	10241
pleads guilty to a violation of this section shall do all of the	10242
following that are applicable regarding the offender:	10243

(1) The court shall impose upon the offender the mandatory	10244
fine specified for the offense under division (B)(1) of section	10245
2929.18 of the Revised Code unless, as specified in that division,	10246
the court determines that the offender is indigent. The clerk of	10247
the court shall pay a mandatory fine or other fine imposed for a	10248
violation of this section under division (A) of section 2929.18 of	10249
the Revised Code in accordance with and subject to the	10250
requirements of division (F) of section 2925.03 of the Revised	10251
Code. The agency that receives the fine shall use the fine as	10252
specified in division (F) of section 2925.03 of the Revised Code.	10253
If a person charged with a violation of this section posts bail	10254
and forfeits the bail, the clerk shall pay the forfeited bail as	10255
if the forfeited bail were a fine imposed for a violation of this	10256
section.	10257

(2) The court shall revoke or suspend the offender's driver's	10258
or commercial driver's license or permit in accordance with	10259
division (G) of section 2925.03 of the Revised Code. If an	10260
offender's driver's or commercial driver's license or permit is	10261
revoked in accordance with that division, the offender may request	10262
termination of, and the court may terminate, the revocation in	10263
accordance with that division.	10264

(3) If the offender is a professionally licensed person or a	10265
person who has been admitted to the bar by order of the supreme	10266
court in compliance with its prescribed and published rules, the	10267
court shall comply with section 2925.38 of the Revised Code.	10268

Sec. 2925.05. (A) No person shall knowingly provide money or	10269
other items of value to another person with the purpose that the	10270
recipient of the money or items of value use them to obtain any	10271
controlled substance for the purpose of violating section 2925.04	10272
of the Revised Code or for the purpose of selling or offering to	10273
sell the controlled substance in the following amount:	10274

(1) If the drug to be sold or offered for sale is any	10275
compound, mixture, preparation, or substance included in schedule	10276
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	10277
and hashish, or schedule III, IV, or V, an amount of the drug that	10278
equals or exceeds the bulk amount of the drug;	10279

(2) If the drug to be sold or offered for sale is marihuana	10280
or a compound, mixture, preparation, or substance other than	10281
hashish containing marihuana, an amount of the marihuana that	10282
equals or exceeds two hundred grams;	10283

(3) If the drug to be sold or offered for sale is cocaine or	10284
a compound, mixture, preparation, or substance containing cocaine,	10285
an amount of the cocaine that equals or exceeds five grams ~~if the~~	10286
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	10287
~~cocaine is crack cocaine~~;	10288

(4) If the drug to be sold or offered for sale is L.S.D. or a	10289
compound, mixture, preparation, or substance containing L.S.D., an	10290
amount of the L.S.D. that equals or exceeds ten unit doses if the	10291
L.S.D. is in a solid form or equals or exceeds one gram if the	10292
L.S.D. is in a liquid concentrate, liquid extract, or liquid	10293
distillate form;	10294

(5) If the drug to be sold or offered for sale is heroin or a	10295
compound, mixture, preparation, or substance containing heroin, an	10296
amount of the heroin that equals or exceeds ten unit doses or	10297
equals or exceeds one gram;	10298

(6) If the drug to be sold or offered for sale is hashish or	10299
a compound, mixture, preparation, or substance containing hashish,	10300
an amount of the hashish that equals or exceeds ten grams if the	10301
hashish is in a solid form or equals or exceeds two grams if the	10302
hashish is in a liquid concentrate, liquid extract, or liquid	10303
distillate form.	10304

(B) This section does not apply to any person listed in	10305
division (B)(1), (2), or (3) of section 2925.03 of the Revised	10306
Code to the extent and under the circumstances described in those	10307
divisions.	10308

(C)(1) If the drug involved in the violation is any compound,	10309
mixture, preparation, or substance included in schedule I or II,	10310
with the exception of marihuana, whoever violates division (A) of	10311
this section is guilty of aggravated funding of drug trafficking,	10312
a felony of the first degree, and, subject to division (E) of this	10313
section, the court shall impose as a mandatory prison term one of	10314
the prison terms prescribed for a felony of the first degree.	10315

(2) If the drug involved in the violation is any compound,	10316
mixture, preparation, or substance included in schedule III, IV,	10317
or V, whoever violates division (A) of this section is guilty of	10318
funding of drug trafficking, a felony of the second degree, and	10319
the court shall impose as a mandatory prison term one of the	10320
prison terms prescribed for a felony of the second degree.	10321

(3) If the drug involved in the violation is marihuana,	10322
whoever violates division (A) of this section is guilty of funding	10323
of marihuana trafficking, a felony of the third degree, and,	10324
except as otherwise provided in this division, there is a	10325
presumption for a prison term for the offense. If funding of	10326
marihuana trafficking is a felony of the third degree under this	10327
division and if the offender two or more times previously has been	10328
convicted of or pleaded guilty to a felony drug abuse offense, the	10329
court shall impose as a mandatory prison term one of the prison	10330
terms prescribed for a felony of the third degree.	10331

(D) In addition to any prison term authorized or required by	10332
division (C) or (E) of this section and sections 2929.13 and	10333
2929.14 of the Revised Code and in addition to any other sanction	10334
imposed for the offense under this section or sections 2929.11 to	10335
2929.18 of the Revised Code, the court that sentences an offender	10336
who is convicted of or pleads guilty to a violation of division	10337
(A) of this section shall do all of the following that are	10338
applicable regarding the offender:	10339

(1) The court shall impose the mandatory fine specified for	10340
the offense under division (B)(1) of section 2929.18 of the	10341
Revised Code unless, as specified in that division, the court	10342
determines that the offender is indigent. The clerk of the court	10343
shall pay a mandatory fine or other fine imposed for a violation	10344
of this section pursuant to division (A) of section 2929.18 of the	10345
Revised Code in accordance with and subject to the requirements of	10346
division (F) of section 2925.03 of the Revised Code. The agency	10347
that receives the fine shall use the fine in accordance with	10348
division (F) of section 2925.03 of the Revised Code. If a person	10349
is charged with a violation of this section, posts bail, and	10350
forfeits the bail, the forfeited bail shall be paid as if the	10351
forfeited bail were a fine imposed for a violation of this	10352
section.	10353

(2) The court shall suspend the offender's driver's or	10354
commercial driver's license or permit in accordance with division	10355
(G) of section 2925.03 of the Revised Code. If an offender's	10356
driver's or commercial driver's license or permit is suspended in	10357
accordance with that division, the offender may request	10358
termination of, and the court may terminate, the suspension in	10359
accordance with that division.	10360

(3) If the offender is a professionally licensed person, the	10361
court immediately shall comply with section 2925.38 of the Revised	10362
Code.	10363

(E) Notwithstanding the prison term otherwise authorized or	10364
required for the offense under division (C) of this section and	10365
sections 2929.13 and 2929.14 of the Revised Code, if the violation	10366
of division (A) of this section involves the sale, offer to sell,	10367
or possession of a schedule I or II controlled substance, with the	10368
exception of marihuana, and if the court imposing sentence upon	10369
the offender finds that the offender as a result of the violation	10370
is a major drug offender and is guilty of a specification of the	10371
type described in section 2941.1410 of the Revised Code, the	10372
court, in lieu of the prison term otherwise authorized or	10373
required, shall impose upon the offender the mandatory prison term	10374
specified in division ~~(D)~~(B)(3)~~(a)~~ of section 2929.14 of the	10375
Revised Code ~~and may impose an additional prison term under~~	10376
~~division (D)(3)(b) of that section~~.	10377

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	10378
or use a controlled substance.	10379

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

10380

(1) Manufacturers, licensed health professionals authorized	10381
to prescribe drugs, pharmacists, owners of pharmacies, and other	10382
persons whose conduct was in accordance with Chapters 3719.,	10383
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	10384

(2) If the offense involves an anabolic steroid, any person	10385
who is conducting or participating in a research project involving	10386
the use of an anabolic steroid if the project has been approved by	10387
the United States food and drug administration;	10388

(3) Any person who sells, offers for sale, prescribes,	10389
dispenses, or administers for livestock or other nonhuman species	10390
an anabolic steroid that is expressly intended for administration	10391
through implants to livestock or other nonhuman species and	10392
approved for that purpose under the "Federal Food, Drug, and	10393
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	10394
and is sold, offered for sale, prescribed, dispensed, or	10395
administered for that purpose in accordance with that act;	10396

(4) Any person who obtained the controlled substance pursuant	10397
to a lawful prescription issued by a licensed health professional	10398
authorized to prescribe drugs.	10399

(C) Whoever violates division (A) of this section is guilty	10400
of one of the following:	10401

(1) If the drug involved in the violation is a compound,	10402
mixture, preparation, or substance included in schedule I or II,	10403
with the exception of marihuana, cocaine, L.S.D., heroin, and	10404
hashish, whoever violates division (A) of this section is guilty	10405
of aggravated possession of drugs. The penalty for the offense	10406
shall be determined as follows:	10407

(a) Except as otherwise provided in division (C)(1)(b), (c),	10408
(d), or (e) of this section, aggravated possession of drugs is a	10409
felony of the fifth degree, and division (B) of section 2929.13 of	10410
the Revised Code applies in determining whether to impose a prison	10411
term on the offender.	10412

(b) If the amount of the drug involved equals or exceeds the	10413
bulk amount but is less than five times the bulk amount,	10414
aggravated possession of drugs is a felony of the third degree,	10415
and there is a presumption for a prison term for the offense.	10416

(c) If the amount of the drug involved equals or exceeds five	10417
times the bulk amount but is less than fifty times the bulk	10418
amount, aggravated possession of drugs is a felony of the second	10419
degree, and the court shall impose as a mandatory prison term one	10420
of the prison terms prescribed for a felony of the second degree.	10421

(d) If the amount of the drug involved equals or exceeds	10422
fifty times the bulk amount but is less than one hundred times the	10423
bulk amount, aggravated possession of drugs is a felony of the	10424
first degree, and the court shall impose as a mandatory prison	10425
term one of the prison terms prescribed for a felony of the first	10426
degree.	10427

(e) If the amount of the drug involved equals or exceeds one	10428
hundred times the bulk amount, aggravated possession of drugs is a	10429
felony of the first degree, the offender is a major drug offender,	10430
and the court shall impose as a mandatory prison term the maximum	10431
prison term prescribed for a felony of the first degree ~~and may~~	10432
~~impose an additional mandatory prison term prescribed for a major~~	10433
~~drug offender under division (D)(3)(b) of section 2929.14 of the~~	10434
~~Revised Code~~.	10435

(2) If the drug involved in the violation is a compound,	10436
mixture, preparation, or substance included in schedule III, IV,	10437
or V, whoever violates division (A) of this section is guilty of	10438
possession of drugs. The penalty for the offense shall be	10439
determined as follows:	10440

(a) Except as otherwise provided in division (C)(2)(b), (c),	10441
or (d) of this section, possession of drugs is a misdemeanor of	10442
the first degree or, if the offender previously has been convicted	10443
of a drug abuse offense, a felony of the fifth degree.	10444

(b) If the amount of the drug involved equals or exceeds the	10445
bulk amount but is less than five times the bulk amount,	10446
possession of drugs is a felony of the fourth degree, and division	10447
(C) of section 2929.13 of the Revised Code applies in determining	10448
whether to impose a prison term on the offender.	10449

(c) If the amount of the drug involved equals or exceeds five	10450
times the bulk amount but is less than fifty times the bulk	10451
amount, possession of drugs is a felony of the third degree, and	10452
there is a presumption for a prison term for the offense.	10453

(d) If the amount of the drug involved equals or exceeds	10454
fifty times the bulk amount, possession of drugs is a felony of	10455
the second degree, and the court shall impose upon the offender as	10456
a mandatory prison term one of the prison terms prescribed for a	10457
felony of the second degree.	10458

(3) If the drug involved in the violation is marihuana or a	10459
compound, mixture, preparation, or substance containing marihuana	10460
other than hashish, whoever violates division (A) of this section	10461
is guilty of possession of marihuana. The penalty for the offense	10462
shall be determined as follows:	10463

(a) Except as otherwise provided in division (C)(3)(b), (c),	10464
(d), (e), or (f), or (g) of this section, possession of marihuana	10465
is a minor misdemeanor.	10466

(b) If the amount of the drug involved equals or exceeds one	10467
hundred grams but is less than two hundred grams, possession of	10468
marihuana is a misdemeanor of the fourth degree.	10469

(c) If the amount of the drug involved equals or exceeds two	10470
hundred grams but is less than one thousand grams, possession of	10471
marihuana is a felony of the fifth degree, and division (B) of	10472
section 2929.13 of the Revised Code applies in determining whether	10473
to impose a prison term on the offender.	10474

(d) If the amount of the drug involved equals or exceeds one	10475
thousand grams but is less than five thousand grams, possession of	10476
marihuana is a felony of the third degree, and division (C) of	10477
section 2929.13 of the Revised Code applies in determining whether	10478
to impose a prison term on the offender.	10479

(e) If the amount of the drug involved equals or exceeds five	10480
thousand grams but is less than twenty thousand grams, possession	10481
of marihuana is a felony of the third degree, and there is a	10482
presumption that a prison term shall be imposed for the offense.	10483

(f) If the amount of the drug involved equals or exceeds	10484
twenty thousand grams but is less than forty thousand grams,	10485
possession of marihuana is a felony of the second degree, and the	10486
court shall impose a mandatory prison term of five, six, seven, or	10487
eight years.	10488

(g) If the amount of the drug involved equals or exceeds	10489
forty thousand grams, possession of marihuana is a felony of the	10490
second degree, and the court shall impose as a mandatory prison	10491
term the maximum prison term prescribed for a felony of the second	10492
degree.	10493

(4) If the drug involved in the violation is cocaine or a	10494
compound, mixture, preparation, or substance containing cocaine,	10495
whoever violates division (A) of this section is guilty of	10496
possession of cocaine. The penalty for the offense shall be	10497
determined as follows:	10498

(a) Except as otherwise provided in division (C)(4)(b), (c),	10499
(d), (e), or (f) of this section, possession of cocaine is a	10500
felony of the fifth degree, and division (B) of section 2929.13 of	10501
the Revised Code applies in determining whether to impose a prison	10502
term on the offender.	10503

(b) If the amount of the drug involved equals or exceeds five	10504
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	10505
~~not crack cocaine or equals or exceeds one gram but is less than~~	10506
~~five grams of crack cocaine~~, possession of cocaine is a felony of	10507
the fourth degree, and ~~there is a presumption for a prison term~~	10508
~~for the offense~~division (B) of section 2929.13 of the Revised	10509
Code applies in determining whether to impose a prison term on the	10510
offender.	10511

(c) If the amount of the drug involved equals or exceeds	10512
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	10513
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	10514
~~but is less than ten grams of crack cocaine~~, possession of cocaine	10515
is a felony of the third degree, and, except as otherwise provided	10516
in this division, there is a presumption for a prison term for the	10517
offense. If possession of cocaine is a felony of the third degree	10518
under this division and if the offender two or more times	10519
previously has been convicted of or pleaded guilty to a felony	10520
drug abuse offense, the court shall impose as a mandatory prison	10521
term one of the prison terms prescribed for a felony of the third	10522
degree.	10523

(d) If the amount of the drug involved equals or exceeds ~~one~~	10524
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	10525
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	10526
~~ten grams but is less than twenty-five grams of crack cocaine~~,	10527
possession of cocaine is a felony of the second degree, and the	10528
court shall impose as a mandatory prison term one of the prison	10529
terms prescribed for a felony of the second degree.	10530

(e) If the amount of the drug involved equals or exceeds ~~five~~	10531
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	10532
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	10533
~~twenty-five grams but is less than one hundred grams of crack~~	10534
~~cocaine~~, possession of cocaine is a felony of the first degree,	10535
and the court shall impose as a mandatory prison term one of the	10536
prison terms prescribed for a felony of the first degree.	10537

(f) If the amount of the drug involved equals or exceeds one	10538
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	10539
~~equals or exceeds one hundred grams of crack cocaine~~, possession	10540
of cocaine is a felony of the first degree, the offender is a	10541
major drug offender, and the court shall impose as a mandatory	10542
prison term the maximum prison term prescribed for a felony of the	10543
first degree ~~and may impose an additional mandatory prison term~~	10544
~~prescribed for a major drug offender under division (D)(3)(b) of~~	10545
~~section 2929.14 of the Revised Code~~.	10546

(5) If the drug involved in the violation is L.S.D., whoever	10547
violates division (A) of this section is guilty of possession of	10548
L.S.D. The penalty for the offense shall be determined as follows:	10549

(a) Except as otherwise provided in division (C)(5)(b), (c),	10550
(d), (e), or (f) of this section, possession of L.S.D. is a felony	10551
of the fifth degree, and division (B) of section 2929.13 of the	10552
Revised Code applies in determining whether to impose a prison	10553
term on the offender.	10554

(b) If the amount of L.S.D. involved equals or exceeds ten	10555
unit doses but is less than fifty unit doses of L.S.D. in a solid	10556
form or equals or exceeds one gram but is less than five grams of	10557
L.S.D. in a liquid concentrate, liquid extract, or liquid	10558
distillate form, possession of L.S.D. is a felony of the fourth	10559
degree, and division (C) of section 2929.13 of the Revised Code	10560
applies in determining whether to impose a prison term on the	10561
offender.	10562

(c) If the amount of L.S.D. involved equals or exceeds fifty	10563
unit doses, but is less than two hundred fifty unit doses of	10564
L.S.D. in a solid form or equals or exceeds five grams but is less	10565
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	10566
extract, or liquid distillate form, possession of L.S.D. is a	10567
felony of the third degree, and there is a presumption for a	10568
prison term for the offense.	10569

(d) If the amount of L.S.D. involved equals or exceeds two	10570
hundred fifty unit doses but is less than one thousand unit doses	10571
of L.S.D. in a solid form or equals or exceeds twenty-five grams	10572
but is less than one hundred grams of L.S.D. in a liquid	10573
concentrate, liquid extract, or liquid distillate form, possession	10574
of L.S.D. is a felony of the second degree, and the court shall	10575
impose as a mandatory prison term one of the prison terms	10576
prescribed for a felony of the second degree.	10577

(e) If the amount of L.S.D. involved equals or exceeds one	10578
thousand unit doses but is less than five thousand unit doses of	10579
L.S.D. in a solid form or equals or exceeds one hundred grams but	10580
is less than five hundred grams of L.S.D. in a liquid concentrate,	10581
liquid extract, or liquid distillate form, possession of L.S.D. is	10582
a felony of the first degree, and the court shall impose as a	10583
mandatory prison term one of the prison terms prescribed for a	10584
felony of the first degree.	10585

(f) If the amount of L.S.D. involved equals or exceeds five	10586
thousand unit doses of L.S.D. in a solid form or equals or exceeds	10587
five hundred grams of L.S.D. in a liquid concentrate, liquid	10588
extract, or liquid distillate form, possession of L.S.D. is a	10589
felony of the first degree, the offender is a major drug offender,	10590
and the court shall impose as a mandatory prison term the maximum	10591
prison term prescribed for a felony of the first degree ~~and may~~	10592
~~impose an additional mandatory prison term prescribed for a major~~	10593
~~drug offender under division (D)(3)(b) of section 2929.14 of the~~	10594
~~Revised Code~~.	10595

(6) If the drug involved in the violation is heroin or a	10596
compound, mixture, preparation, or substance containing heroin,	10597
whoever violates division (A) of this section is guilty of	10598
possession of heroin. The penalty for the offense shall be	10599
determined as follows:	10600

(a) Except as otherwise provided in division (C)(6)(b), (c),	10601
(d), (e), or (f) of this section, possession of heroin is a felony	10602
of the fifth degree, and division (B) of section 2929.13 of the	10603
Revised Code applies in determining whether to impose a prison	10604
term on the offender.	10605

(b) If the amount of the drug involved equals or exceeds ten	10606
unit doses but is less than fifty unit doses or equals or exceeds	10607
one gram but is less than five grams, possession of heroin is a	10608
felony of the fourth degree, and division (C) of section 2929.13	10609
of the Revised Code applies in determining whether to impose a	10610
prison term on the offender.	10611

(c) If the amount of the drug involved equals or exceeds	10612
fifty unit doses but is less than one hundred unit doses or equals	10613
or exceeds five grams but is less than ten grams, possession of	10614
heroin is a felony of the third degree, and there is a presumption	10615
for a prison term for the offense.	10616

(d) If the amount of the drug involved equals or exceeds one	10617
hundred unit doses but is less than five hundred unit doses or	10618
equals or exceeds ten grams but is less than fifty grams,	10619
possession of heroin is a felony of the second degree, and the	10620
court shall impose as a mandatory prison term one of the prison	10621
terms prescribed for a felony of the second degree.	10622

(e) If the amount of the drug involved equals or exceeds five	10623
hundred unit doses but is less than two thousand five hundred unit	10624
doses or equals or exceeds fifty grams but is less than two	10625
hundred fifty grams, possession of heroin is a felony of the first	10626
degree, and the court shall impose as a mandatory prison term one	10627
of the prison terms prescribed for a felony of the first degree.	10628

(f) If the amount of the drug involved equals or exceeds two	10629
thousand five hundred unit doses or equals or exceeds two hundred	10630
fifty grams, possession of heroin is a felony of the first degree,	10631
the offender is a major drug offender, and the court shall impose	10632
as a mandatory prison term the maximum prison term prescribed for	10633
a felony of the first degree ~~and may impose an additional~~	10634
~~mandatory prison term prescribed for a major drug offender under~~	10635
~~division (D)(3)(b) of section 2929.14 of the Revised Code~~.	10636

(7) If the drug involved in the violation is hashish or a	10637
compound, mixture, preparation, or substance containing hashish,	10638
whoever violates division (A) of this section is guilty of	10639
possession of hashish. The penalty for the offense shall be	10640
determined as follows:	10641

(a) Except as otherwise provided in division (C)(7)(b), (c),	10642
(d), (e), or (f), or (g) of this section, possession of hashish is	10643
a minor misdemeanor.	10644

(b) If the amount of the drug involved equals or exceeds five	10645
grams but is less than ten grams of hashish in a solid form or	10646
equals or exceeds one gram but is less than two grams of hashish	10647
in a liquid concentrate, liquid extract, or liquid distillate	10648
form, possession of hashish is a misdemeanor of the fourth degree.	10649

(c) If the amount of the drug involved equals or exceeds ten	10650
grams but is less than fifty grams of hashish in a solid form or	10651
equals or exceeds two grams but is less than ten grams of hashish	10652
in a liquid concentrate, liquid extract, or liquid distillate	10653
form, possession of hashish is a felony of the fifth degree, and	10654
division (B) of section 2929.13 of the Revised Code applies in	10655
determining whether to impose a prison term on the offender.	10656

(d) If the amount of the drug involved equals or exceeds	10657
fifty grams but is less than two hundred fifty grams of hashish in	10658
a solid form or equals or exceeds ten grams but is less than fifty	10659
grams of hashish in a liquid concentrate, liquid extract, or	10660
liquid distillate form, possession of hashish is a felony of the	10661
third degree, and division (C) of section 2929.13 of the Revised	10662
Code applies in determining whether to impose a prison term on the	10663
offender.	10664

(e) If the amount of the drug involved equals or exceeds two	10665
hundred fifty grams but is less than one thousand grams of hashish	10666
in a solid form or equals or exceeds fifty grams but is less than	10667
two hundred grams of hashish in a liquid concentrate, liquid	10668
extract, or liquid distillate form, possession of hashish is a	10669
felony of the third degree, and there is a presumption that a	10670
prison term shall be imposed for the offense.	10671

(f) If the amount of the drug involved equals or exceeds one	10672
thousand grams but is less than two thousand grams of hashish in a	10673
solid form or equals or exceeds two hundred grams but is less than	10674
four hundred grams of hashish in a liquid concentrate, liquid	10675
extract, or liquid distillate form, possession of hashish is a	10676
felony of the second degree, and the court shall impose a	10677
mandatory prison term of five, six, seven, or eight years.	10678

(g) If the amount of the drug involved equals or exceeds two	10679
thousand grams of hashish in a solid form or equals or exceeds	10680
four hundred grams of hashish in a liquid concentrate, liquid	10681
extract, or liquid distillate form, possession of hashish is a	10682
felony of the second degree, and the court shall impose as a	10683
mandatory prison term the maximum prison term prescribed for a	10684
felony of the second degree.	10685

(D) Arrest or conviction for a minor misdemeanor violation of	10686
this section does not constitute a criminal record and need not be	10687
reported by the person so arrested or convicted in response to any	10688
inquiries about the person's criminal record, including any	10689
inquiries contained in any application for employment, license, or	10690
other right or privilege, or made in connection with the person's	10691
appearance as a witness.	10692

(E) In addition to any prison term or jail term authorized or	10693
required by division (C) of this section and sections 2929.13,	10694
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	10695
addition to any other sanction that is imposed for the offense	10696
under this section, sections 2929.11 to 2929.18, or sections	10697
2929.21 to 2929.28 of the Revised Code, the court that sentences	10698
an offender who is convicted of or pleads guilty to a violation of	10699
division (A) of this section shall do all of the following that	10700
are applicable regarding the offender:	10701

(1)(a) If the violation is a felony of the first, second, or	10702
third degree, the court shall impose upon the offender the	10703
mandatory fine specified for the offense under division (B)(1) of	10704
section 2929.18 of the Revised Code unless, as specified in that	10705
division, the court determines that the offender is indigent.	10706

(b) Notwithstanding any contrary provision of section 3719.21	10707
of the Revised Code, the clerk of the court shall pay a mandatory	10708
fine or other fine imposed for a violation of this section	10709
pursuant to division (A) of section 2929.18 of the Revised Code in	10710
accordance with and subject to the requirements of division (F) of	10711
section 2925.03 of the Revised Code. The agency that receives the	10712
fine shall use the fine as specified in division (F) of section	10713
2925.03 of the Revised Code.	10714

(c) If a person is charged with a violation of this section	10715
that is a felony of the first, second, or third degree, posts	10716
bail, and forfeits the bail, the clerk shall pay the forfeited	10717
bail pursuant to division (E)(1)(b) of this section as if it were	10718
a mandatory fine imposed under division (E)(1)(a) of this section.	10719

(2) The court shall suspend for not less than six months or	10720
more than five years the offender's driver's or commercial	10721
driver's license or permit.	10722

(3) If the offender is a professionally licensed person, in	10723
addition to any other sanction imposed for a violation of this	10724
section, the court immediately shall comply with section 2925.38	10725
of the Revised Code.	10726

(F) It is an affirmative defense, as provided in section	10727
2901.05 of the Revised Code, to a charge of a fourth degree felony	10728
violation under this section that the controlled substance that	10729
gave rise to the charge is in an amount, is in a form, is	10730
prepared, compounded, or mixed with substances that are not	10731
controlled substances in a manner, or is possessed under any other	10732
circumstances, that indicate that the substance was possessed	10733
solely for personal use. Notwithstanding any contrary provision of	10734
this section, if, in accordance with section 2901.05 of the	10735
Revised Code, an accused who is charged with a fourth degree	10736
felony violation of division (C)(2), (4), (5), or (6) of this	10737
section sustains the burden of going forward with evidence of and	10738
establishes by a preponderance of the evidence the affirmative	10739
defense described in this division, the accused may be prosecuted	10740
for and may plead guilty to or be convicted of a misdemeanor	10741
violation of division (C)(2) of this section or a fifth degree	10742
felony violation of division (C)(4), (5), or (6) of this section	10743
respectively.	10744

(G) When a person is charged with possessing a bulk amount or	10745
multiple of a bulk amount, division (E) of section 2925.03 of the	10746
Revised Code applies regarding the determination of the amount of	10747
the controlled substance involved at the time of the offense.	10748

Sec. 2925.36. (A) No person shall knowingly furnish another	10749
a sample drug.	10750

(B) Division (A) of this section does not apply to	10751
manufacturers, wholesalers, pharmacists, owners of pharmacies,	10752
licensed health professionals authorized to prescribe drugs, and	10753
other persons whose conduct is in accordance with Chapters 3719.,	10754
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised	10755
Code.	10756

(C)(1) Whoever violates this section is guilty of illegal	10757
dispensing of drug samples.	10758

(2) If the drug involved in the offense is a compound,	10759
mixture, preparation, or substance included in schedule I or II,	10760
with the exception of marihuana, the penalty for the offense shall	10761
be determined as follows:	10762

(a) Except as otherwise provided in division (C)(2)(b) of	10763
this section, illegal dispensing of drug samples is a felony of	10764
the fifth degree, and, subject to division (E) of this section,	10765
division (C) of section 2929.13 of the Revised Code applies in	10766
determining whether to impose a prison term on the offender.	10767

(b) If the offense was committed in the vicinity of a school	10768
or in the vicinity of a juvenile, illegal dispensing of drug	10769
samples is a felony of the fourth degree, and, subject to division	10770
(E) of this section, division (C) of section 2929.13 of the	10771
Revised Code applies in determining whether to impose a prison	10772
term on the offender.	10773

(3) If the drug involved in the offense is a dangerous drug	10774
or a compound, mixture, preparation, or substance included in	10775
schedule III, IV, or V, or is marihuana, the penalty for the	10776
offense shall be determined as follows:	10777

(a) Except as otherwise provided in division (C)(3)(b) of	10778
this section, illegal dispensing of drug samples is a misdemeanor	10779
of the second degree.	10780

(b) If the offense was committed in the vicinity of a school	10781
or in the vicinity of a juvenile, illegal dispensing of drug	10782
samples is a misdemeanor of the first degree.	10783

(D) In addition to any prison term authorized or required by	10784
division (C) or (E) of this section and sections 2929.13 and	10785
2929.14 of the Revised Code and in addition to any other sanction	10786
imposed for the offense under this section or sections 2929.11 to	10787
2929.18 of the Revised Code, the court that sentences an offender	10788
who is convicted of or pleads guilty to a violation of division	10789
(A) of this section shall do both of the following:	10790

(1) The court shall suspend for not less than six months or	10791
more than five years the offender's driver's or commercial	10792
driver's license or permit.	10793

(2) If the offender is a professionally licensed person, in	10794
addition to any other sanction imposed for a violation of this	10795
section, the court immediately shall comply with section 2925.38	10796
of the Revised Code.	10797

(E) Notwithstanding the prison term authorized or required by	10798
division (C) of this section and sections 2929.13 and 2929.14 of	10799
the Revised Code, if the violation of division (A) of this section	10800
involves the sale, offer to sell, or possession of a schedule I or	10801
II controlled substance, with the exception of marihuana, and if	10802
the court imposing sentence upon the offender finds that the	10803
offender as a result of the violation is a major drug offender and	10804
is guilty of a specification of the type described in section	10805
2941.1410 of the Revised Code, the court, in lieu of the prison	10806
term otherwise authorized or required, shall impose upon the	10807
offender the mandatory prison term specified in division	10808
~~(D)~~(B)(3)(a) of section 2929.14 of the Revised Code ~~and may impose~~	10809
~~an additional prison term under division (D)(3)(b) of that~~	10810
~~section~~.	10811

(F) Notwithstanding any contrary provision of section 3719.21	10812
of the Revised Code, the clerk of the court shall pay a fine	10813
imposed for a violation of this section pursuant to division (A)	10814
of section 2929.18 of the Revised Code in accordance with and	10815
subject to the requirements of division (F) of section 2925.03 of	10816
the Revised Code. The agency that receives the fine shall use the	10817
fine as specified in division (F) of section 2925.03 of the	10818
Revised Code.	10819

Sec. 2929.01. As used in this chapter:

10820

(A)(1) "Alternative residential facility" means, subject to	10821
division (A)(2) of this section, any facility other than an	10822
offender's home or residence in which an offender is assigned to	10823
live and that satisfies all of the following criteria:	10824

(a) It provides programs through which the offender may seek	10825
or maintain employment or may receive education, training,	10826
treatment, or habilitation.	10827

(b) It has received the appropriate license or certificate	10828
for any specialized education, training, treatment, habilitation,	10829
or other service that it provides from the government agency that	10830
is responsible for licensing or certifying that type of education,	10831
training, treatment, habilitation, or service.	10832

(2) "Alternative residential facility" does not include a	10833
community-based correctional facility, jail, halfway house, or	10834
prison.	10835

(B) "Basic probation supervision" means a requirement that	10836
the offender maintain contact with a person appointed to supervise	10837
the offender in accordance with sanctions imposed by the court or	10838
imposed by the parole board pursuant to section 2967.28 of the	10839
Revised Code. "Basic probation supervision" includes basic parole	10840
supervision and basic post-release control supervision.	10841

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	10842
"unit dose" have the same meanings as in section 2925.01 of the	10843
Revised Code.	10844

(D) "Community-based correctional facility" means a	10845
community-based correctional facility and program or district	10846
community-based correctional facility and program developed	10847
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	10848

(E) "Community control sanction" means a sanction that is not	10849
a prison term and that is described in section 2929.15, 2929.16,	10850
2929.17, or 2929.18 of the Revised Code or a sanction that is not	10851
a jail term and that is described in section 2929.26, 2929.27, or	10852
2929.28 of the Revised Code. "Community control sanction" includes	10853
probation if the sentence involved was imposed for a felony that	10854
was committed prior to July 1, 1996, or if the sentence involved	10855
was imposed for a misdemeanor that was committed prior to January	10856
1, 2004.	10857

(F) "Controlled substance," "marihuana," "schedule I," and	10858
"schedule II" have the same meanings as in section 3719.01 of the	10859
Revised Code.	10860

(G) "Curfew" means a requirement that an offender during a	10861
specified period of time be at a designated place.	10862

(H) "Day reporting" means a sanction pursuant to which an	10863
offender is required each day to report to and leave a center or	10864
other approved reporting location at specified times in order to	10865
participate in work, education or training, treatment, and other	10866
approved programs at the center or outside the center.	10867

(I) "Deadly weapon" has the same meaning as in section	10868
2923.11 of the Revised Code.	10869

(J) "Drug and alcohol use monitoring" means a program under	10870
which an offender agrees to submit to random chemical analysis of	10871
the offender's blood, breath, or urine to determine whether the	10872
offender has ingested any alcohol or other drugs.	10873

(K) "Drug treatment program" means any program under which a	10874
person undergoes assessment and treatment designed to reduce or	10875
completely eliminate the person's physical or emotional reliance	10876
upon alcohol, another drug, or alcohol and another drug and under	10877
which the person may be required to receive assessment and	10878
treatment on an outpatient basis or may be required to reside at a	10879
facility other than the person's home or residence while	10880
undergoing assessment and treatment.	10881

(L) "Economic loss" means any economic detriment suffered by	10882
a victim as a direct and proximate result of the commission of an	10883
offense and includes any loss of income due to lost time at work	10884
because of any injury caused to the victim, and any property loss,	10885
medical cost, or funeral expense incurred as a result of the	10886
commission of the offense. "Economic loss" does not include	10887
non-economic loss or any punitive or exemplary damages.	10888

(M) "Education or training" includes study at, or in	10889
conjunction with a program offered by, a university, college, or	10890
technical college or vocational study and also includes the	10891
completion of primary school, secondary school, and literacy	10892
curricula or their equivalent.	10893

(N) "Firearm" has the same meaning as in section 2923.11 of	10894
the Revised Code.	10895

(O) "Halfway house" means a facility licensed by the division	10896
of parole and community services of the department of	10897
rehabilitation and correction pursuant to section 2967.14 of the	10898
Revised Code as a suitable facility for the care and treatment of	10899
adult offenders.	10900

(P) "House arrest" means a period of confinement of an	10901
offender that is in the offender's home or in other premises	10902
specified by the sentencing court or by the parole board pursuant	10903
to section 2967.28 of the Revised Code and during which all of the	10904
following apply:	10905

(1) The offender is required to remain in the offender's home	10906
or other specified premises for the specified period of	10907
confinement, except for periods of time during which the offender	10908
is at the offender's place of employment or at other premises as	10909
authorized by the sentencing court or by the parole board.	10910

(2) The offender is required to report periodically to a	10911
person designated by the court or parole board.	10912

(3) The offender is subject to any other restrictions and	10913
requirements that may be imposed by the sentencing court or by the	10914
parole board.	10915

(Q) "Intensive probation supervision" means a requirement	10916
that an offender maintain frequent contact with a person appointed	10917
by the court, or by the parole board pursuant to section 2967.28	10918
of the Revised Code, to supervise the offender while the offender	10919
is seeking or maintaining necessary employment and participating	10920
in training, education, and treatment programs as required in the	10921
court's or parole board's order. "Intensive probation supervision"	10922
includes intensive parole supervision and intensive post-release	10923
control supervision.	10924

(R) "Jail" means a jail, workhouse, minimum security jail, or	10925
other residential facility used for the confinement of alleged or	10926
convicted offenders that is operated by a political subdivision or	10927
a combination of political subdivisions of this state.	10928

(S) "Jail term" means the term in a jail that a sentencing	10929
court imposes or is authorized to impose pursuant to section	10930
2929.24 or 2929.25 of the Revised Code or pursuant to any other	10931
provision of the Revised Code that authorizes a term in a jail for	10932
a misdemeanor conviction.	10933

(T) "Mandatory jail term" means the term in a jail that a	10934
sentencing court is required to impose pursuant to division (G) of	10935
section 1547.99 of the Revised Code, division (E) of section	10936
2903.06 or division (D) of section 2903.08 of the Revised Code,	10937
division (E) or (G) of section 2929.24 of the Revised Code,	10938
division (B) of section 4510.14 of the Revised Code, or division	10939
(G) of section 4511.19 of the Revised Code or pursuant to any	10940
other provision of the Revised Code that requires a term in a jail	10941
for a misdemeanor conviction.	10942

(U) "Delinquent child" has the same meaning as in section	10943
2152.02 of the Revised Code.	10944

(V) "License violation report" means a report that is made by	10945
a sentencing court, or by the parole board pursuant to section	10946
2967.28 of the Revised Code, to the regulatory or licensing board	10947
or agency that issued an offender a professional license or a	10948
license or permit to do business in this state and that specifies	10949
that the offender has been convicted of or pleaded guilty to an	10950
offense that may violate the conditions under which the offender's	10951
professional license or license or permit to do business in this	10952
state was granted or an offense for which the offender's	10953
professional license or license or permit to do business in this	10954
state may be revoked or suspended.	10955

(W) "Major drug offender" means an offender who is convicted	10956
of or pleads guilty to the possession of, sale of, or offer to	10957
sell any drug, compound, mixture, preparation, or substance that	10958
consists of or contains at least one thousand grams of hashish; at	10959
least one hundred grams of ~~crack~~ cocaine; ~~at least one thousand~~	10960
~~grams of cocaine that is not crack cocaine;~~ at least two thousand	10961
five hundred unit doses or two hundred fifty grams of heroin; at	10962
least five thousand unit doses of L.S.D. or five hundred grams of	10963
L.S.D. in a liquid concentrate, liquid extract, or liquid	10964
distillate form; or at least one hundred times the amount of any	10965
other schedule I or II controlled substance other than marihuana	10966
that is necessary to commit a felony of the third degree pursuant	10967
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	10968
Code that is based on the possession of, sale of, or offer to sell	10969
the controlled substance.	10970

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

10971

(1) Subject to division (X)(2) of this section, the term in	10972
prison that must be imposed for the offenses or circumstances set	10973
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	10974
2929.13 and division ~~(D)~~(B) of section 2929.14 of the Revised	10975
Code. Except as provided in sections 2925.02, 2925.03, 2925.04,	10976
2925.05, and 2925.11 of the Revised Code, unless the maximum or	10977
another specific term is required under section 2929.14 or	10978
2929.142 of the Revised Code, a mandatory prison term described in	10979
this division may be any prison term authorized for the level of	10980
offense.	10981

(2) The term of sixty or one hundred twenty days in prison	10982
that a sentencing court is required to impose for a third or	10983
fourth degree felony OVI offense pursuant to division (G)(2) of	10984
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	10985
of the Revised Code or the term of one, two, three, four, or five	10986
years in prison that a sentencing court is required to impose	10987
pursuant to division (G)(2) of section 2929.13 of the Revised	10988
Code.	10989

(3) The term in prison imposed pursuant to division (A) of	10990
section 2971.03 of the Revised Code for the offenses and in the	10991
circumstances described in division (F)(11) of section 2929.13 of	10992
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	10993
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	10994
2971.03 of the Revised Code and that term as modified or	10995
terminated pursuant to section 2971.05 of the Revised Code.	10996

(Y) "Monitored time" means a period of time during which an	10997
offender continues to be under the control of the sentencing court	10998
or parole board, subject to no conditions other than leading a	10999
law-abiding life.	11000

(Z) "Offender" means a person who, in this state, is	11001
convicted of or pleads guilty to a felony or a misdemeanor.	11002

(AA) "Prison" means a residential facility used for the	11003
confinement of convicted felony offenders that is under the	11004
control of the department of rehabilitation and correction but	11005
does not include a violation sanction center operated under	11006
authority of section 2967.141 of the Revised Code.	11007

(BB) "Prison term" includes either of the following sanctions	11008
for an offender:	11009

(1) A stated prison term;

11010

(2) A term in a prison shortened by, or with the approval of,	11011
the sentencing court pursuant to section 2929.143, 2929.20,	11012
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	11013

(CC) "Repeat violent offender" means a person about whom both	11014
of the following apply:	11015

(1) The person is being sentenced for committing or for	11016
complicity in committing any of the following:	11017

(a) Aggravated murder, murder, any felony of the first or	11018
second degree that is an offense of violence, or an attempt to	11019
commit any of these offenses if the attempt is a felony of the	11020
first or second degree;	11021

(b) An offense under an existing or former law of this state,	11022
another state, or the United States that is or was substantially	11023
equivalent to an offense described in division (CC)(1)(a) of this	11024
section.	11025

(2) The person previously was convicted of or pleaded guilty	11026
to an offense described in division (CC)(1)(a) or (b) of this	11027
section.	11028

(DD) "Sanction" means any penalty imposed upon an offender	11029
who is convicted of or pleads guilty to an offense, as punishment	11030
for the offense. "Sanction" includes any sanction imposed pursuant	11031
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	11032
2929.28 of the Revised Code.	11033

(EE) "Sentence" means the sanction or combination of	11034
sanctions imposed by the sentencing court on an offender who is	11035
convicted of or pleads guilty to an offense.	11036

(FF) "Stated prison term" means the prison term, mandatory	11037
prison term, or combination of all prison terms and mandatory	11038
prison terms imposed by the sentencing court pursuant to section	11039
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	11040
2919.25 of the Revised Code. "Stated prison term" includes any	11041
credit received by the offender for time spent in jail awaiting	11042
trial, sentencing, or transfer to prison for the offense and any	11043
time spent under house arrest or house arrest with electronic	11044
monitoring imposed after earning credits pursuant to section	11045
2967.193 of the Revised Code.	11046

(GG) "Victim-offender mediation" means a reconciliation or	11047
mediation program that involves an offender and the victim of the	11048
offense committed by the offender and that includes a meeting in	11049
which the offender and the victim may discuss the offense, discuss	11050
restitution, and consider other sanctions for the offense.	11051

(HH) "Fourth degree felony OVI offense" means a violation of	11052
division (A) of section 4511.19 of the Revised Code that, under	11053
division (G) of that section, is a felony of the fourth degree.	11054

(II) "Mandatory term of local incarceration" means the term	11055
of sixty or one hundred twenty days in a jail, a community-based	11056
correctional facility, a halfway house, or an alternative	11057
residential facility that a sentencing court may impose upon a	11058
person who is convicted of or pleads guilty to a fourth degree	11059
felony OVI offense pursuant to division (G)(1) of section 2929.13	11060
of the Revised Code and division (G)(1)(d) or (e) of section	11061
4511.19 of the Revised Code.	11062

(JJ) "Designated homicide, assault, or kidnapping offense,"	11063
"violent sex offense," "sexual motivation specification,"	11064
"sexually violent offense," "sexually violent predator," and	11065
"sexually violent predator specification" have the same meanings	11066
as in section 2971.01 of the Revised Code.	11067

(KK) "Sexually oriented offense," "child-victim oriented	11068
offense," and "tier III sex offender/child-victim offender," have	11069
the same meanings as in section 2950.01 of the Revised Code.	11070

(LL) An offense is "committed in the vicinity of a child" if	11071
the offender commits the offense within thirty feet of or within	11072
the same residential unit as a child who is under eighteen years	11073
of age, regardless of whether the offender knows the age of the	11074
child or whether the offender knows the offense is being committed	11075
within thirty feet of or within the same residential unit as the	11076
child and regardless of whether the child actually views the	11077
commission of the offense.	11078

(MM) "Family or household member" has the same meaning as in	11079
section 2919.25 of the Revised Code.	11080

(NN) "Motor vehicle" and "manufactured home" have the same	11081
meanings as in section 4501.01 of the Revised Code.	11082

(OO) "Detention" and "detention facility" have the same	11083
meanings as in section 2921.01 of the Revised Code.	11084

(PP) "Third degree felony OVI offense" means a violation of	11085
division (A) of section 4511.19 of the Revised Code that, under	11086
division (G) of that section, is a felony of the third degree.	11087

(QQ) "Random drug testing" has the same meaning as in section	11088
5120.63 of the Revised Code.	11089

(RR) "Felony sex offense" has the same meaning as in section	11090
2967.28 of the Revised Code.	11091

(SS) "Body armor" has the same meaning as in section	11092
2941.1411 of the Revised Code.	11093

(TT) "Electronic monitoring" means monitoring through the use	11094
of an electronic monitoring device.	11095

(UU) "Electronic monitoring device" means any of the	11096
following:	11097

(1) Any device that can be operated by electrical or battery	11098
power and that conforms with all of the following:	11099

(a) The device has a transmitter that can be attached to a	11100
person, that will transmit a specified signal to a receiver of the	11101
type described in division (UU)(1)(b) of this section if the	11102
transmitter is removed from the person, turned off, or altered in	11103
any manner without prior court approval in relation to electronic	11104
monitoring or without prior approval of the department of	11105
rehabilitation and correction in relation to the use of an	11106
electronic monitoring device for an inmate on transitional control	11107
or otherwise is tampered with, that can transmit continuously and	11108
periodically a signal to that receiver when the person is within a	11109
specified distance from the receiver, and that can transmit an	11110
appropriate signal to that receiver if the person to whom it is	11111
attached travels a specified distance from that receiver.	11112

(b) The device has a receiver that can receive continuously	11113
the signals transmitted by a transmitter of the type described in	11114
division (UU)(1)(a) of this section, can transmit continuously	11115
those signals by a wireless or landline telephone connection to a	11116
central monitoring computer of the type described in division	11117
(UU)(1)(c) of this section, and can transmit continuously an	11118
appropriate signal to that central monitoring computer if the	11119
device has been turned off or altered without prior court approval	11120
or otherwise tampered with. The device is designed specifically	11121
for use in electronic monitoring, is not a converted wireless	11122
phone or another tracking device that is clearly not designed for	11123
electronic monitoring, and provides a means of text-based or voice	11124
communication with the person.	11125

(c) The device has a central monitoring computer that can	11126
receive continuously the signals transmitted by a wireless or	11127
landline telephone connection by a receiver of the type described	11128
in division (UU)(1)(b) of this section and can monitor	11129
continuously the person to whom an electronic monitoring device of	11130
the type described in division (UU)(1)(a) of this section is	11131
attached.	11132

(2) Any device that is not a device of the type described in	11133
division (UU)(1) of this section and that conforms with all of the	11134
following:	11135

(a) The device includes a transmitter and receiver that can	11136
monitor and determine the location of a subject person at any	11137
time, or at a designated point in time, through the use of a	11138
central monitoring computer or through other electronic means.	11139

(b) The device includes a transmitter and receiver that can	11140
determine at any time, or at a designated point in time, through	11141
the use of a central monitoring computer or other electronic means	11142
the fact that the transmitter is turned off or altered in any	11143
manner without prior approval of the court in relation to the	11144
electronic monitoring or without prior approval of the department	11145
of rehabilitation and correction in relation to the use of an	11146
electronic monitoring device for an inmate on transitional control	11147
or otherwise is tampered with.	11148

(3) Any type of technology that can adequately track or	11149
determine the location of a subject person at any time and that is	11150
approved by the director of rehabilitation and correction,	11151
including, but not limited to, any satellite technology, voice	11152
tracking system, or retinal scanning system that is so approved.	11153

(VV) "Non-economic loss" means nonpecuniary harm suffered by	11154
a victim of an offense as a result of or related to the commission	11155
of the offense, including, but not limited to, pain and suffering;	11156
loss of society, consortium, companionship, care, assistance,	11157
attention, protection, advice, guidance, counsel, instruction,	11158
training, or education; mental anguish; and any other intangible	11159
loss.	11160

(WW) "Prosecutor" has the same meaning as in section 2935.01	11161
of the Revised Code.	11162

(XX) "Continuous alcohol monitoring" means the ability to	11163
automatically test and periodically transmit alcohol consumption	11164
levels and tamper attempts at least every hour, regardless of the	11165
location of the person who is being monitored.	11166

(YY) A person is "adjudicated a sexually violent predator" if	11167
the person is convicted of or pleads guilty to a violent sex	11168
offense and also is convicted of or pleads guilty to a sexually	11169
violent predator specification that was included in the	11170
indictment, count in the indictment, or information charging that	11171
violent sex offense or if the person is convicted of or pleads	11172
guilty to a designated homicide, assault, or kidnapping offense	11173
and also is convicted of or pleads guilty to both a sexual	11174
motivation specification and a sexually violent predator	11175
specification that were included in the indictment, count in the	11176
indictment, or information charging that designated homicide,	11177
assault, or kidnapping offense.	11178

(ZZ) An offense is "committed in proximity to a school" if	11179
the offender commits the offense in a school safety zone or within	11180
five hundred feet of any school building or the boundaries of any	11181
school premises, regardless of whether the offender knows the	11182
offense is being committed in a school safety zone or within five	11183
hundred feet of any school building or the boundaries of any	11184
school premises.	11185

(AAA) "Human trafficking" means a scheme or plan to which all	11186
of the following apply:	11187

(1) Its object is to subject a victim or victims to	11188
involuntary servitude, as defined in section 2905.31 of the	11189
Revised Code, to compel a victim or victims to engage in sexual	11190
activity for hire, to engage in a performance that is obscene,	11191
sexually oriented, or nudity oriented, or to be a model or	11192
participant in the production of material that is obscene,	11193
sexually oriented, or nudity oriented.	11194

(2) It involves at least two felony offenses, whether or not	11195
there has been a prior conviction for any of the felony offenses,	11196
to which all of the following apply:	11197

(a) Each of the felony offenses is a violation of section	11198
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	11199
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	11200
(4), or (5) of section 2919.22 of the Revised Code or is a	11201
violation of a law of any state other than this state that is	11202
substantially similar to any of the sections or divisions of the	11203
Revised Code identified in this division.	11204

(b) At least one of the felony offenses was committed in this	11205
state.	11206

(c) The felony offenses are related to the same scheme or	11207
plan and are not isolated instances.	11208

(BBB) "Material," "nudity," "obscene," "performance," and	11209
"sexual activity" have the same meanings as in section 2907.01 of	11210
the Revised Code.	11211

(CCC) "Material that is obscene, sexually oriented, or nudity	11212
oriented" means any material that is obscene, that shows a person	11213
participating or engaging in sexual activity, masturbation, or	11214
bestiality, or that shows a person in a state of nudity.	11215

(DDD) "Performance that is obscene, sexually oriented, or	11216
nudity oriented" means any performance that is obscene, that shows	11217
a person participating or engaging in sexual activity,	11218
masturbation, or bestiality, or that shows a person in a state of	11219
nudity.	11220

Sec. 2929.11. (A) A court that sentences an offender for a	11221
felony shall be guided by the overriding purposes of felony	11222
sentencing. The overriding purposes of felony sentencing are to	11223
protect the public from future crime by the offender and others	11224
and to punish the offender using the minimum sanctions that the	11225
court determines accomplish those purposes without imposing an	11226
unnecessary burden on state or local government resources. To	11227
achieve those purposes, the sentencing court shall consider the	11228
need for incapacitating the offender, deterring the offender and	11229
others from future crime, rehabilitating the offender, and making	11230
restitution to the victim of the offense, the public, or both.	11231

(B) A sentence imposed for a felony shall be reasonably	11232
calculated to achieve the two overriding purposes of felony	11233
sentencing set forth in division (A) of this section, commensurate	11234
with and not demeaning to the seriousness of the offender's	11235
conduct and its impact upon the victim, and consistent with	11236
sentences imposed for similar crimes committed by similar	11237
offenders.	11238

(C) A court that imposes a sentence upon an offender for a	11239
felony shall not base the sentence upon the race, ethnic	11240
background, gender, or religion of the offender.	11241

Sec. 2929.13. (A) Except as provided in division (E), (F),	11242
or (G) of this section and unless a specific sanction is required	11243
to be imposed or is precluded from being imposed pursuant to law,	11244
a court that imposes a sentence upon an offender for a felony may	11245
impose any sanction or combination of sanctions on the offender	11246
that are provided in sections 2929.14 to 2929.18 of the Revised	11247
Code. ~~The sentence shall not impose an unnecessary burden on state~~	11248
~~or local government resources.~~	11249

If the offender is eligible to be sentenced to community	11250
control sanctions, the court shall consider the appropriateness of	11251
imposing a financial sanction pursuant to section 2929.18 of the	11252
Revised Code or a sanction of community service pursuant to	11253
section 2929.17 of the Revised Code as the sole sanction for the	11254
offense. Except as otherwise provided in this division, if the	11255
court is required to impose a mandatory prison term for the	11256
offense for which sentence is being imposed, the court also shall	11257
impose any financial sanction pursuant to section 2929.18 of the	11258
Revised Code that is required for the offense and may impose any	11259
other financial sanction pursuant to that section but may not	11260
impose any additional sanction or combination of sanctions under	11261
section 2929.16 or 2929.17 of the Revised Code.	11262

If the offender is being sentenced for a fourth degree felony	11263
OVI offense or for a third degree felony OVI offense, in addition	11264
to the mandatory term of local incarceration or the mandatory	11265
prison term required for the offense by division (G)(1) or (2) of	11266
this section, the court shall impose upon the offender a mandatory	11267
fine in accordance with division (B)(3) of section 2929.18 of the	11268
Revised Code and may impose whichever of the following is	11269
applicable:	11270

(1) For a fourth degree felony OVI offense for which sentence	11271
is imposed under division (G)(1) of this section, an additional	11272
community control sanction or combination of community control	11273
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	11274
the court imposes upon the offender a community control sanction	11275
and the offender violates any condition of the community control	11276
sanction, the court may take any action prescribed in division (B)	11277
of section 2929.15 of the Revised Code relative to the offender,	11278
including imposing a prison term on the offender pursuant to that	11279
division.	11280

(2) For a third or fourth degree felony OVI offense for which	11281
sentence is imposed under division (G)(2) of this section, an	11282
additional prison term as described in division ~~(D)~~(B)(4) of	11283
section 2929.14 of the Revised Code or a community control	11284
sanction as described in division (G)(2) of this section.	11285

(B)(1) ~~Except~~(a) Except as provided in division (B)(1)(b) of	11286
this section, if an offender is convicted of or pleads guilty to a	11287
felony of the fourth or fifth degree that is not an offense of	11288
violence, the court shall sentence the offender to a community	11289
control sanction of at least one year's duration if all of the	11290
following apply:	11291

(i) The offender previously has not been convicted of or	11292
pleaded guilty to a felony offense or to an offense of violence	11293
that is a misdemeanor and that the offender committed within two	11294
years prior to the offense for which sentence is being imposed.	11295

(ii) The most serious charge against the offender at the time	11296
of sentencing is a felony of the fourth or fifth degree.	11297

(iii) If the court made a request of the department of	11298
rehabilitation and correction pursuant to division (B)(1)(c) of	11299
this section, the department, within the forty-five-day period	11300
specified in that division, provided the court with the names of,	11301
contact information for, and program details of one or more	11302
community control sanctions of at least one year's duration that	11303
are available for persons sentenced by the court.	11304

(b) The court has discretion to impose a prison term upon an	11305
offender who is convicted of or pleads guilty to a felony of the	11306
fourth or fifth degree that is not an offense of violence if any	11307
of the following apply:	11308

(i) The offender committed the offense while having a firearm	11309
on or about the offender's person or under the offender's control.	11310

(ii) The offender caused physical harm to another person	11311
while committing the offense.	11312

(iii) The offender violated a term of the conditions of bond	11313
as set by the court.	11314

(iv) The court made a request of the department of	11315
rehabilitation and correction pursuant to division (B)(1)(c) of	11316
this section, and the department, within the forty-five-day period	11317
specified in that division, did not provide the court with the	11318
name of, contact information for, and program details of any	11319
community control sanction of at least one year's duration that is	11320
available for persons sentenced by the court.	11321

(c) If a court that is sentencing an offender who is	11322
convicted of or pleads guilty to a felony of the fourth or fifth	11323
degree that is not an offense of violence believes that no	11324
community control sanctions are available for its use that, if	11325
imposed on the offender, will adequately fulfill the overriding	11326
principles and purposes of sentencing, the court shall contact the	11327
department of rehabilitation and correction and ask the department	11328
to provide the court with the names of, contact information for,	11329
and program details of one or more community control sanctions of	11330
at least one year's duration that are available for persons	11331
sentenced by the court. Not later than forty-five days after	11332
receipt of a request from a court under this division, the	11333
department shall provide the court with the names of, contact	11334
information for, and program details of one or more community	11335
control sanctions of at least one year's duration that are	11336
available for persons sentenced by the court, if any. Upon making	11337
a request under this division that relates to a particular	11338
offender, a court shall defer sentencing of that offender until it	11339
receives from the department the names of, contact information	11340
for, and program details of one or more community control	11341
sanctions of at least one year's duration that are available for	11342
persons sentenced by the court or for forty-five days, whichever	11343
is the earlier.	11344

If the department provides the court with the names of,	11345
contact information for, and program details of one or more	11346
community control sanctions of at least one year's duration that	11347
are available for persons sentenced by the court within the	11348
forty-five-day period specified in this division, the court shall	11349
impose upon the offender a community control sanction under	11350
division (B)(1)(a) of this section, subject to divisions	11351
(B)(1)(b)(i) and (ii) of this section. If the department does not	11352
provide the court with the names of, contact information for, and	11353
program details of one or more community control sanctions of at	11354
least one year's duration that are available for persons sentenced	11355
by the court within the forty-five-day period specified in this	11356
division, the court may impose upon the offender a prison term	11357
under division (B)(1)(b)(iii) of this section.	11358

(d) A sentencing court may impose an additional penalty under	11359
division (B) of section 2929.15 of the Revised Code upon an	11360
offender sentenced to a community control sanction under division	11361
(B)(1)(a) of this section if the offender violates the conditions	11362
of the community control sanction, violates a law, or leaves the	11363
state without the permission of the court or the offender's	11364
probation officer.	11365

(2) If division (B)(1) of this section does not apply, except	11366
as provided in division (B)~~(2)~~(3), (E), (F), or (G) of this	11367
section, in sentencing an offender for a felony of the fourth or	11368
fifth degree, the sentencing court shall determine whether any of	11369
the following apply:	11370

(a) In committing the offense, the offender caused physical	11371
harm to a person.	11372

(b) In committing the offense, the offender attempted to	11373
cause or made an actual threat of physical harm to a person with a	11374
deadly weapon.	11375

(c) In committing the offense, the offender attempted to	11376
cause or made an actual threat of physical harm to a person, and	11377
the offender previously was convicted of an offense that caused	11378
physical harm to a person.	11379

(d) The offender held a public office or position of trust	11380
and the offense related to that office or position; the offender's	11381
position obliged the offender to prevent the offense or to bring	11382
those committing it to justice; or the offender's professional	11383
reputation or position facilitated the offense or was likely to	11384
influence the future conduct of others.	11385

(e) The offender committed the offense for hire or as part of	11386
an organized criminal activity.	11387

(f) The offense is a sex offense that is a fourth or fifth	11388
degree felony violation of section 2907.03, 2907.04, 2907.05,	11389
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	11390
Revised Code.	11391

(g) The offender at the time of the offense was serving, or	11392
the offender previously had served, a prison term.	11393

(h) The offender committed the offense while under a	11394
community control sanction, while on probation, or while released	11395
from custody on a bond or personal recognizance.	11396

(i) The offender committed the offense while in possession of	11397
a firearm.	11398

~~(2)~~(3)(a) If the court makes a finding described in division	11399
(B)~~(1)~~(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	11400
section and if the court, after considering the factors set forth	11401
in section 2929.12 of the Revised Code, finds that a prison term	11402
is consistent with the purposes and principles of sentencing set	11403
forth in section 2929.11 of the Revised Code and finds that the	11404
offender is not amenable to an available community control	11405
sanction, the court shall impose a prison term upon the offender.	11406

(b) Except as provided in division (E), (F), or (G) of this	11407
section, if the court does not make a finding described in	11408
division (B)~~(1)~~(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i)	11409
of this section and if the court, after considering the factors	11410
set forth in section 2929.12 of the Revised Code, finds that a	11411
community control sanction or combination of community control	11412
sanctions is consistent with the purposes and principles of	11413
sentencing set forth in section 2929.11 of the Revised Code, the	11414
court shall impose a community control sanction or combination of	11415
community control sanctions upon the offender.	11416

(C) Except as provided in division (D), (E), (F), or (G) of	11417
this section, in determining whether to impose a prison term as a	11418
sanction for a felony of the third degree or a felony drug offense	11419
that is a violation of a provision of Chapter 2925. of the Revised	11420
Code and that is specified as being subject to this division for	11421
purposes of sentencing, the sentencing court shall comply with the	11422
purposes and principles of sentencing under section 2929.11 of the	11423
Revised Code and with section 2929.12 of the Revised Code.	11424

(D)(1) Except as provided in division (E) or (F) of this	11425
section, for a felony of the first or second degree, for a felony	11426
drug offense that is a violation of any provision of Chapter	11427
2925., 3719., or 4729. of the Revised Code for which a presumption	11428
in favor of a prison term is specified as being applicable, and	11429
for a violation of division (A)(4) or (B) of section 2907.05 of	11430
the Revised Code for which a presumption in favor of a prison term	11431
is specified as being applicable, it is presumed that a prison	11432
term is necessary in order to comply with the purposes and	11433
principles of sentencing under section 2929.11 of the Revised	11434
Code. Division (D)(2) of this section does not apply to a	11435
presumption established under this division for a violation of	11436
division (A)(4) of section 2907.05 of the Revised Code.	11437

(2) Notwithstanding the presumption established under	11438
division (D)(1) of this section for the offenses listed in that	11439
division other than a violation of division (A)(4) or (B) of	11440
section 2907.05 of the Revised Code, the sentencing court may	11441
impose a community control sanction or a combination of community	11442
control sanctions instead of a prison term on an offender for a	11443
felony of the first or second degree or for a felony drug offense	11444
that is a violation of any provision of Chapter 2925., 3719., or	11445
4729. of the Revised Code for which a presumption in favor of a	11446
prison term is specified as being applicable if it makes both of	11447
the following findings:	11448

(a) A community control sanction or a combination of	11449
community control sanctions would adequately punish the offender	11450
and protect the public from future crime, because the applicable	11451
factors under section 2929.12 of the Revised Code indicating a	11452
lesser likelihood of recidivism outweigh the applicable factors	11453
under that section indicating a greater likelihood of recidivism.	11454

(b) A community control sanction or a combination of	11455
community control sanctions would not demean the seriousness of	11456
the offense, because one or more factors under section 2929.12 of	11457
the Revised Code that indicate that the offender's conduct was	11458
less serious than conduct normally constituting the offense are	11459
applicable, and they outweigh the applicable factors under that	11460
section that indicate that the offender's conduct was more serious	11461
than conduct normally constituting the offense.	11462

(E)(1) Except as provided in division (F) of this section,	11463
for any drug offense that is a violation of any provision of	11464
Chapter 2925. of the Revised Code and that is a felony of the	11465
third, fourth, or fifth degree, the applicability of a presumption	11466
under division (D) of this section in favor of a prison term or of	11467
division (B) or (C) of this section in determining whether to	11468
impose a prison term for the offense shall be determined as	11469
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	11470
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	11471
Revised Code, whichever is applicable regarding the violation.	11472

(2) If an offender who was convicted of or pleaded guilty to	11473
a felony violates the conditions of a community control sanction	11474
imposed for the offense solely by reason of producing positive	11475
results on a drug test, the court, as punishment for the violation	11476
of the sanction, shall not order that the offender be imprisoned	11477
unless the court determines on the record either of the following:	11478

(a) The offender had been ordered as a sanction for the	11479
felony to participate in a drug treatment program, in a drug	11480
education program, or in narcotics anonymous or a similar program,	11481
and the offender continued to use illegal drugs after a reasonable	11482
period of participation in the program.	11483

(b) The imprisonment of the offender for the violation is	11484
consistent with the purposes and principles of sentencing set	11485
forth in section 2929.11 of the Revised Code.	11486

(3) A court that sentences an offender for a drug abuse	11487
offense that is a felony of the third, fourth, or fifth degree may	11488
require that the offender be assessed by a properly credentialed	11489
professional within a specified period of time. The court shall	11490
require the professional to file a written assessment of the	11491
offender with the court. If the offender is eligible for a	11492
community control sanction and after considering the written	11493
assessment, the court may impose a community control sanction that	11494
includes treatment and recovery support services authorized by	11495
section 3793.02 of the Revised Code. If the court imposes	11496
treatment and recovery support services as a community control	11497
sanction, the court shall direct the level and type of treatment	11498
and recovery support services after considering the assessment and	11499
recommendation of treatment and recovery support services	11500
providers.	11501

(F) Notwithstanding divisions (A) to (E) of this section, the	11502
court shall impose a prison term or terms under sections 2929.02	11503
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	11504
of the Revised Code and except as specifically provided in section	11505
2929.20, divisions (C) to (I) of section 2967.19, or section	11506
2967.191 of the Revised Code or when parole is authorized for the	11507
offense under section 2967.13 of the Revised Code shall not reduce	11508
the term or terms pursuant to section 2929.20, section 2967.19,	11509
section 2967.193, or any other provision of Chapter 2967. or	11510
Chapter 5120. of the Revised Code for any of the following	11511
offenses:	11512

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

11513

(2) Any rape, regardless of whether force was involved and	11514
regardless of the age of the victim, or an attempt to commit rape	11515
if, had the offender completed the rape that was attempted, the	11516
offender would have been guilty of a violation of division	11517
(A)(1)(b) of section 2907.02 of the Revised Code and would be	11518
sentenced under section 2971.03 of the Revised Code;	11519

(3) Gross sexual imposition or sexual battery, if the victim	11520
is less than thirteen years of age and if any of the following	11521
applies:	11522

(a) Regarding gross sexual imposition, the offender	11523
previously was convicted of or pleaded guilty to rape, the former	11524
offense of felonious sexual penetration, gross sexual imposition,	11525
or sexual battery, and the victim of the previous offense was less	11526
than thirteen years of age;	11527

(b) Regarding gross sexual imposition, the offense was	11528
committed on or after August 3, 2006, and evidence other than the	11529
testimony of the victim was admitted in the case corroborating the	11530
violation.	11531

(c) Regarding sexual battery, either of the following	11532
applies:	11533

(i) The offense was committed prior to August 3, 2006, the	11534
offender previously was convicted of or pleaded guilty to rape,	11535
the former offense of felonious sexual penetration, or sexual	11536
battery, and the victim of the previous offense was less than	11537
thirteen years of age.	11538

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

11539

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	11540
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	11541
section requires the imposition of a prison term;	11542

(5) A first, second, or third degree felony drug offense for	11543
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	11544
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	11545
4729.99 of the Revised Code, whichever is applicable regarding the	11546
violation, requires the imposition of a mandatory prison term;	11547

(6) Any offense that is a first or second degree felony and	11548
that is not set forth in division (F)(1), (2), (3), or (4) of this	11549
section, if the offender previously was convicted of or pleaded	11550
guilty to aggravated murder, murder, any first or second degree	11551
felony, or an offense under an existing or former law of this	11552
state, another state, or the United States that is or was	11553
substantially equivalent to one of those offenses;	11554

(7) Any offense that is a third degree felony and either is a	11555
violation of section 2903.04 of the Revised Code or an attempt to	11556
commit a felony of the second degree that is an offense of	11557
violence and involved an attempt to cause serious physical harm to	11558
a person or that resulted in serious physical harm to a person if	11559
the offender previously was convicted of or pleaded guilty to any	11560
of the following offenses:	11561

(a) Aggravated murder, murder, involuntary manslaughter,	11562
rape, felonious sexual penetration as it existed under section	11563
2907.12 of the Revised Code prior to September 3, 1996, a felony	11564
of the first or second degree that resulted in the death of a	11565
person or in physical harm to a person, or complicity in or an	11566
attempt to commit any of those offenses;	11567

(b) An offense under an existing or former law of this state,	11568
another state, or the United States that is or was substantially	11569
equivalent to an offense listed in division (F)(7)(a) of this	11570
section that resulted in the death of a person or in physical harm	11571
to a person.	11572

(8) Any offense, other than a violation of section 2923.12 of	11573
the Revised Code, that is a felony, if the offender had a firearm	11574
on or about the offender's person or under the offender's control	11575
while committing the felony, with respect to a portion of the	11576
sentence imposed pursuant to division ~~(D)~~(B)(1)(a) of section	11577
2929.14 of the Revised Code for having the firearm;	11578

(9) Any offense of violence that is a felony, if the offender	11579
wore or carried body armor while committing the felony offense of	11580
violence, with respect to the portion of the sentence imposed	11581
pursuant to division ~~(D)~~(B)(1)(d) of section 2929.14 of the	11582
Revised Code for wearing or carrying the body armor;	11583

(10) Corrupt activity in violation of section 2923.32 of the	11584
Revised Code when the most serious offense in the pattern of	11585
corrupt activity that is the basis of the offense is a felony of	11586
the first degree;	11587

(11) Any violent sex offense or designated homicide, assault,	11588
or kidnapping offense if, in relation to that offense, the	11589
offender is adjudicated a sexually violent predator;	11590

(12) A violation of division (A)(1) or (2) of section 2921.36	11591
of the Revised Code, or a violation of division (C) of that	11592
section involving an item listed in division (A)(1) or (2) of that	11593
section, if the offender is an officer or employee of the	11594
department of rehabilitation and correction;	11595

(13) A violation of division (A)(1) or (2) of section 2903.06	11596
of the Revised Code if the victim of the offense is a peace	11597
officer, as defined in section 2935.01 of the Revised Code, or an	11598
investigator of the bureau of criminal identification and	11599
investigation, as defined in section 2903.11 of the Revised Code,	11600
with respect to the portion of the sentence imposed pursuant to	11601
division ~~(D)~~(B)(5) of section 2929.14 of the Revised Code;	11602

(14) A violation of division (A)(1) or (2) of section 2903.06	11603
of the Revised Code if the offender has been convicted of or	11604
pleaded guilty to three or more violations of division (A) or (B)	11605
of section 4511.19 of the Revised Code or an equivalent offense,	11606
as defined in section 2941.1415 of the Revised Code, or three or	11607
more violations of any combination of those divisions and	11608
offenses, with respect to the portion of the sentence imposed	11609
pursuant to division ~~(D)~~(B)(6) of section 2929.14 of the Revised	11610
Code;	11611

(15) Kidnapping, in the circumstances specified in section	11612
2971.03 of the Revised Code and when no other provision of	11613
division (F) of this section applies;	11614

(16) Kidnapping, abduction, compelling prostitution,	11615
promoting prostitution, engaging in a pattern of corrupt activity,	11616
illegal use of a minor in a nudity-oriented material or	11617
performance in violation of division (A)(1) or (2) of section	11618
2907.323 of the Revised Code, or endangering children in violation	11619
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	11620
the Revised Code, if the offender is convicted of or pleads guilty	11621
to a specification as described in section 2941.1422 of the	11622
Revised Code that was included in the indictment, count in the	11623
indictment, or information charging the offense;	11624

(17) A felony violation of division (A) or (B) of section	11625
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	11626
that section, and division (D)(6) of that section, require the	11627
imposition of a prison term;	11628

(18) A felony violation of section 2903.11, 2903.12, or	11629
2903.13 of the Revised Code, if the victim of the offense was a	11630
woman that the offender knew was pregnant at the time of the	11631
violation, with respect to a portion of the sentence imposed	11632
pursuant to division ~~(D)~~(B)(8) of section 2929.14 of the Revised	11633
Code.	11634

(G) Notwithstanding divisions (A) to (E) of this section, if	11635
an offender is being sentenced for a fourth degree felony OVI	11636
offense or for a third degree felony OVI offense, the court shall	11637
impose upon the offender a mandatory term of local incarceration	11638
or a mandatory prison term in accordance with the following:	11639

(1) If the offender is being sentenced for a fourth degree	11640
felony OVI offense and if the offender has not been convicted of	11641
and has not pleaded guilty to a specification of the type	11642
described in section 2941.1413 of the Revised Code, the court may	11643
impose upon the offender a mandatory term of local incarceration	11644
of sixty days or one hundred twenty days as specified in division	11645
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	11646
not reduce the term pursuant to section 2929.20, 2967.193, or any	11647
other provision of the Revised Code. The court that imposes a	11648
mandatory term of local incarceration under this division shall	11649
specify whether the term is to be served in a jail, a	11650
community-based correctional facility, a halfway house, or an	11651
alternative residential facility, and the offender shall serve the	11652
term in the type of facility specified by the court. A mandatory	11653
term of local incarceration imposed under division (G)(1) of this	11654
section is not subject to any other Revised Code provision that	11655
pertains to a prison term except as provided in division (A)(1) of	11656
this section.	11657

(2) If the offender is being sentenced for a third degree	11658
felony OVI offense, or if the offender is being sentenced for a	11659
fourth degree felony OVI offense and the court does not impose a	11660
mandatory term of local incarceration under division (G)(1) of	11661
this section, the court shall impose upon the offender a mandatory	11662
prison term of one, two, three, four, or five years if the	11663
offender also is convicted of or also pleads guilty to a	11664
specification of the type described in section 2941.1413 of the	11665
Revised Code or shall impose upon the offender a mandatory prison	11666
term of sixty days or one hundred twenty days as specified in	11667
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	11668
if the offender has not been convicted of and has not pleaded	11669
guilty to a specification of that type. ~~The~~Subject to divisions	11670
(C) to (I) of section 2967.19 of the Revised Code, the court shall	11671
not reduce the term pursuant to section 2929.20, 2967.19,	11672
2967.193, or any other provision of the Revised Code. The offender	11673
shall serve the one-, two-, three-, four-, or five-year mandatory	11674
prison term consecutively to and prior to the prison term imposed	11675
for the underlying offense and consecutively to any other	11676
mandatory prison term imposed in relation to the offense. In no	11677
case shall an offender who once has been sentenced to a mandatory	11678
term of local incarceration pursuant to division (G)(1) of this	11679
section for a fourth degree felony OVI offense be sentenced to	11680
another mandatory term of local incarceration under that division	11681
for any violation of division (A) of section 4511.19 of the	11682
Revised Code. In addition to the mandatory prison term described	11683
in division (G)(2) of this section, the court may sentence the	11684
offender to a community control sanction under section 2929.16 or	11685
2929.17 of the Revised Code, but the offender shall serve the	11686
prison term prior to serving the community control sanction. The	11687
department of rehabilitation and correction may place an offender	11688
sentenced to a mandatory prison term under this division in an	11689
intensive program prison established pursuant to section 5120.033	11690
of the Revised Code if the department gave the sentencing judge	11691
prior notice of its intent to place the offender in an intensive	11692
program prison established under that section and if the judge did	11693
not notify the department that the judge disapproved the	11694
placement. Upon the establishment of the initial intensive program	11695
prison pursuant to section 5120.033 of the Revised Code that is	11696
privately operated and managed by a contractor pursuant to a	11697
contract entered into under section 9.06 of the Revised Code, both	11698
of the following apply:	11699

(a) The department of rehabilitation and correction shall	11700
make a reasonable effort to ensure that a sufficient number of	11701
offenders sentenced to a mandatory prison term under this division	11702
are placed in the privately operated and managed prison so that	11703
the privately operated and managed prison has full occupancy.	11704

(b) Unless the privately operated and managed prison has full	11705
occupancy, the department of rehabilitation and correction shall	11706
not place any offender sentenced to a mandatory prison term under	11707
this division in any intensive program prison established pursuant	11708
to section 5120.033 of the Revised Code other than the privately	11709
operated and managed prison.	11710

(H) If an offender is being sentenced for a sexually oriented	11711
offense or child-victim oriented offense that is a felony	11712
committed on or after January 1, 1997, the judge shall require the	11713
offender to submit to a DNA specimen collection procedure pursuant	11714
to section 2901.07 of the Revised Code.	11715

(I) If an offender is being sentenced for a sexually oriented	11716
offense or a child-victim oriented offense committed on or after	11717
January 1, 1997, the judge shall include in the sentence a summary	11718
of the offender's duties imposed under sections 2950.04, 2950.041,	11719
2950.05, and 2950.06 of the Revised Code and the duration of the	11720
duties. The judge shall inform the offender, at the time of	11721
sentencing, of those duties and of their duration. If required	11722
under division (A)(2) of section 2950.03 of the Revised Code, the	11723
judge shall perform the duties specified in that section, or, if	11724
required under division (A)(6) of section 2950.03 of the Revised	11725
Code, the judge shall perform the duties specified in that	11726
division.	11727

(J)(1) Except as provided in division (J)(2) of this section,	11728
when considering sentencing factors under this section in relation	11729
to an offender who is convicted of or pleads guilty to an attempt	11730
to commit an offense in violation of section 2923.02 of the	11731
Revised Code, the sentencing court shall consider the factors	11732
applicable to the felony category of the violation of section	11733
2923.02 of the Revised Code instead of the factors applicable to	11734
the felony category of the offense attempted.	11735

(2) When considering sentencing factors under this section in	11736
relation to an offender who is convicted of or pleads guilty to an	11737
attempt to commit a drug abuse offense for which the penalty is	11738
determined by the amount or number of unit doses of the controlled	11739
substance involved in the drug abuse offense, the sentencing court	11740
shall consider the factors applicable to the felony category that	11741
the drug abuse offense attempted would be if that drug abuse	11742
offense had been committed and had involved an amount or number of	11743
unit doses of the controlled substance that is within the next	11744
lower range of controlled substance amounts than was involved in	11745
the attempt.	11746

(K) As used in this section, "drug abuse offense" has the	11747
same meaning as in section 2925.01 of the Revised Code.	11748

(L) At the time of sentencing an offender for any sexually	11749
oriented offense, if the offender is a tier III sex	11750
offender/child-victim offender relative to that offense and the	11751
offender does not serve a prison term or jail term, the court may	11752
require that the offender be monitored by means of a global	11753
positioning device. If the court requires such monitoring, the	11754
cost of monitoring shall be borne by the offender. If the offender	11755
is indigent, the cost of compliance shall be paid by the crime	11756
victims reparations fund.	11757

Sec. 2929.14. (A) Except as provided in division ~~(C),~~	11758
~~(D)~~(B)(1), ~~(D)~~(B)(2), ~~(D)~~(B)(3), ~~(D)~~(B)(4), ~~(D)~~(B)(5), ~~(D)~~(B)(6),	11759
~~(D)~~(B)(7), ~~(D)~~(B)(8), ~~(G)~~(E), ~~(I)~~(G), ~~(J)~~(H), or ~~(L)~~(J) of this	11760
section or in division (D)(6) of section 2919.25 of the Revised	11761
Code and except in relation to an offense for which a sentence of	11762
death or life imprisonment is to be imposed, if the court imposing	11763
a sentence upon an offender for a felony elects or is required to	11764
impose a prison term on the offender pursuant to this chapter, the	11765
court shall impose a definite prison term that shall be one of the	11766
following:	11767

(1) For a felony of the first degree, the prison term shall	11768
be three, four, five, six, seven, eight, nine, or ten, or eleven	11769
years.	11770

(2) For a felony of the second degree, the prison term shall	11771
be two, three, four, five, six, seven, or eight years.	11772

(3)(a) For a felony of the third degree that is a violation	11773
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	11774
Revised Code or that is a violation of section 2911.02 or 2911.12	11775
of the Revised Code if the offender previously has been convicted	11776
of or pleaded guilty in two or more separate proceedings to two or	11777
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	11778
of the Revised Code, the prison term shall be ~~one, two, three,~~	11779
~~four, or five years~~twelve, eighteen, twenty-four, thirty,	11780
thirty-six, forty-two, forty-eight, fifty-four, or sixty months.	11781

(b) For a felony of the third degree that is not an offense	11782
for which division (A)(3)(a) of this section applies, the prison	11783
term shall be nine, twelve, eighteen, twenty-four, thirty, or	11784
thirty-six months.	11785

(4) For a felony of the fourth degree, the prison term shall	11786
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	11787
fourteen, fifteen, sixteen, seventeen, or eighteen months.	11788

(5) For a felony of the fifth degree, the prison term shall	11789
be six, seven, eight, nine, ten, eleven, or twelve months.	11790

(B) ~~Except as provided in division (C), (D)(1), (D)(2),~~	11791
~~(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of~~	11792
~~this section, in section 2907.02 , 2907.05, or 2919.25 of the~~	11793
~~Revised Code, or in Chapter 2925. of the Revised Code, if the~~	11794
~~court imposing a sentence upon an offender for a felony elects or~~	11795
~~is required to impose a prison term on the offender, the court~~	11796
~~shall impose the shortest prison term authorized for the offense~~	11797
~~pursuant to division (A) of this section, unless one or more of~~	11798
~~the following applies:~~	11799

~~(1) The offender was serving a prison term at the time of the~~	11800
~~offense, or the offender previously had served a prison term.~~	11801

~~(2) The court finds on the record that the shortest prison~~	11802
~~term will demean the seriousness of the offender's conduct or will~~	11803
~~not adequately protect the public from future crime by the~~	11804
~~offender or others.~~	11805

~~(C) Except as provided in division (D)(7), (D)(8), (G), or~~	11806
~~(L) of this section, in section 2919.25 of the Revised Code, or in~~	11807
~~Chapter 2925. of the Revised Code, the court imposing a sentence~~	11808
~~upon an offender for a felony may impose the longest prison term~~	11809
~~authorized for the offense pursuant to division (A) of this~~	11810
~~section only upon offenders who committed the worst forms of the~~	11811
~~offense, upon offenders who pose the greatest likelihood of~~	11812
~~committing future crimes, upon certain major drug offenders under~~	11813
~~division (D)(3) of this section, and upon certain repeat violent~~	11814
~~offenders in accordance with division (D)(2) of this section.~~	11815

~~(D)~~(1)(a) Except as provided in division ~~(D)~~(B)(1)(e) of this	11816
section, if an offender who is convicted of or pleads guilty to a	11817
felony also is convicted of or pleads guilty to a specification of	11818
the type described in section 2941.141, 2941.144, or 2941.145 of	11819
the Revised Code, the court shall impose on the offender one of	11820
the following prison terms:	11821

(i) A prison term of six years if the specification is of the	11822
type described in section 2941.144 of the Revised Code that	11823
charges the offender with having a firearm that is an automatic	11824
firearm or that was equipped with a firearm muffler or silencer on	11825
or about the offender's person or under the offender's control	11826
while committing the felony;	11827

(ii) A prison term of three years if the specification is of	11828
the type described in section 2941.145 of the Revised Code that	11829
charges the offender with having a firearm on or about the	11830
offender's person or under the offender's control while committing	11831
the offense and displaying the firearm, brandishing the firearm,	11832
indicating that the offender possessed the firearm, or using it to	11833
facilitate the offense;	11834

(iii) A prison term of one year if the specification is of	11835
the type described in section 2941.141 of the Revised Code that	11836
charges the offender with having a firearm on or about the	11837
offender's person or under the offender's control while committing	11838
the felony.	11839

(b) If a court imposes a prison term on an offender under	11840
division ~~(D)~~(B)(1)(a) of this section, the prison term shall not	11841
be reduced pursuant to section 2967.19, section 2929.20, section	11842
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	11843
of the Revised Code. Except as provided in division ~~(D)~~(B)(1)(g)	11844
of this section, a court shall not impose more than one prison	11845
term on an offender under division ~~(D)~~(B)(1)(a) of this section	11846
for felonies committed as part of the same act or transaction.	11847

(c) Except as provided in division ~~(D)~~(B)(1)(e) of this	11848
section, if an offender who is convicted of or pleads guilty to a	11849
violation of section 2923.161 of the Revised Code or to a felony	11850
that includes, as an essential element, purposely or knowingly	11851
causing or attempting to cause the death of or physical harm to	11852
another, also is convicted of or pleads guilty to a specification	11853
of the type described in section 2941.146 of the Revised Code that	11854
charges the offender with committing the offense by discharging a	11855
firearm from a motor vehicle other than a manufactured home, the	11856
court, after imposing a prison term on the offender for the	11857
violation of section 2923.161 of the Revised Code or for the other	11858
felony offense under division (A), ~~(D)~~(B)(2), or ~~(D)~~(B)(3) of this	11859
section, shall impose an additional prison term of five years upon	11860
the offender that shall not be reduced pursuant to section	11861
2929.20, section 2967.19, section 2967.193, or any other provision	11862
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	11863
shall not impose more than one additional prison term on an	11864
offender under division ~~(D)~~(B)(1)(c) of this section for felonies	11865
committed as part of the same act or transaction. If a court	11866
imposes an additional prison term on an offender under division	11867
~~(D)~~(B)(1)(c) of this section relative to an offense, the court	11868
also shall impose a prison term under division ~~(D)~~(B)(1)(a) of	11869
this section relative to the same offense, provided the criteria	11870
specified in that division for imposing an additional prison term	11871
are satisfied relative to the offender and the offense.	11872

(d) If an offender who is convicted of or pleads guilty to an	11873
offense of violence that is a felony also is convicted of or	11874
pleads guilty to a specification of the type described in section	11875
2941.1411 of the Revised Code that charges the offender with	11876
wearing or carrying body armor while committing the felony offense	11877
of violence, the court shall impose on the offender a prison term	11878
of two years. The prison term so imposed, subject to divisions (C)	11879
to (I) of section 2967.19 of the Revised Code, shall not be	11880
reduced pursuant to section 2929.20, section 2967.19, section	11881
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	11882
of the Revised Code. A court shall not impose more than one prison	11883
term on an offender under division ~~(D)~~(B)(1)(d) of this section	11884
for felonies committed as part of the same act or transaction. If	11885
a court imposes an additional prison term under division	11886
~~(D)~~(B)(1)(a) or (c) of this section, the court is not precluded	11887
from imposing an additional prison term under division	11888
~~(D)~~(B)(1)(d) of this section.	11889

(e) The court shall not impose any of the prison terms	11890
described in division ~~(D)~~(B)(1)(a) of this section or any of the	11891
additional prison terms described in division ~~(D)~~(B)(1)(c) of this	11892
section upon an offender for a violation of section 2923.12 or	11893
2923.123 of the Revised Code. The court shall not impose any of	11894
the prison terms described in division ~~(D)~~(B)(1)(a) or (b) of this	11895
section upon an offender for a violation of section 2923.122 that	11896
involves a deadly weapon that is a firearm other than a dangerous	11897
ordnance, section 2923.16, or section 2923.121 of the Revised	11898
Code. The court shall not impose any of the prison terms described	11899
in division ~~(D)~~(B)(1)(a) of this section or any of the additional	11900
prison terms described in division ~~(D)~~(B)(1)(c) of this section	11901
upon an offender for a violation of section 2923.13 of the Revised	11902
Code unless all of the following apply:	11903

(i) The offender previously has been convicted of aggravated	11904
murder, murder, or any felony of the first or second degree.	11905

(ii) Less than five years have passed since the offender was	11906
released from prison or post-release control, whichever is later,	11907
for the prior offense.	11908

(f) If an offender is convicted of or pleads guilty to a	11909
felony that includes, as an essential element, causing or	11910
attempting to cause the death of or physical harm to another and	11911
also is convicted of or pleads guilty to a specification of the	11912
type described in section 2941.1412 of the Revised Code that	11913
charges the offender with committing the offense by discharging a	11914
firearm at a peace officer as defined in section 2935.01 of the	11915
Revised Code or a corrections officer, as defined in section	11916
2941.1412 of the Revised Code, the court, after imposing a prison	11917
term on the offender for the felony offense under division (A),	11918
~~(D)~~(B)(2), or ~~(D)~~(B)(3) of this section, shall impose an	11919
additional prison term of seven years upon the offender that shall	11920
not be reduced pursuant to section 2929.20, section 2967.19,	11921
section 2967.193, or any other provision of Chapter 2967. or	11922
Chapter 5120. of the Revised Code. If an offender is convicted of	11923
or pleads guilty to two or more felonies that include, as an	11924
essential element, causing or attempting to cause the death or	11925
physical harm to another and also is convicted of or pleads guilty	11926
to a specification of the type described under division	11927
~~(D)~~(B)(1)(f) of this section in connection with two or more of the	11928
felonies of which the offender is convicted or to which the	11929
offender pleads guilty, the sentencing court shall impose on the	11930
offender the prison term specified under division ~~(D)~~(B)(1)(f) of	11931
this section for each of two of the specifications of which the	11932
offender is convicted or to which the offender pleads guilty and,	11933
in its discretion, also may impose on the offender the prison term	11934
specified under that division for any or all of the remaining	11935
specifications. If a court imposes an additional prison term on an	11936
offender under division ~~(D)~~(B)(1)(f) of this section relative to	11937
an offense, the court shall not impose a prison term under	11938
division ~~(D)~~(B)(1)(a) or (c) of this section relative to the same	11939
offense.	11940

(g) If an offender is convicted of or pleads guilty to two or	11941
more felonies, if one or more of those felonies isare aggravated	11942
murder, murder, attempted aggravated murder, attempted murder,	11943
aggravated robbery, felonious assault, or rape, and if the	11944
offender is convicted of or pleads guilty to a specification of	11945
the type described under division ~~(D)~~(B)(1)(a) of this section in	11946
connection with two or more of the felonies, the sentencing court	11947
shall impose on the offender the prison term specified under	11948
division ~~(D)~~(B)(1)(a) of this section for each of the two most	11949
serious specifications of which the offender is convicted or to	11950
which the offender pleads guilty and, in its discretion, also may	11951
impose on the offender the prison term specified under that	11952
division for any or all of the remaining specifications.	11953

(2)(a) If division ~~(D)~~(B)(2)(b) of this section does not	11954
apply, the court may impose on an offender, in addition to the	11955
longest prison term authorized or required for the offense, an	11956
additional definite prison term of one, two, three, four, five,	11957
six, seven, eight, nine, or ten years if all of the following	11958
criteria are met:	11959

(i) The offender is convicted of or pleads guilty to a	11960
specification of the type described in section 2941.149 of the	11961
Revised Code that the offender is a repeat violent offender.	11962

(ii) The offense of which the offender currently is convicted	11963
or to which the offender currently pleads guilty is aggravated	11964
murder and the court does not impose a sentence of death or life	11965
imprisonment without parole, murder, terrorism and the court does	11966
not impose a sentence of life imprisonment without parole, any	11967
felony of the first degree that is an offense of violence and the	11968
court does not impose a sentence of life imprisonment without	11969
parole, or any felony of the second degree that is an offense of	11970
violence and the trier of fact finds that the offense involved an	11971
attempt to cause or a threat to cause serious physical harm to a	11972
person or resulted in serious physical harm to a person.	11973

(iii) The court imposes the longest prison term for the	11974
offense that is not life imprisonment without parole.	11975

(iv) The court finds that the prison terms imposed pursuant	11976
to division (D)(2)(a)(iii) of this section and, if applicable,	11977
division (D)(1) or (3) of this section are inadequate to punish	11978
the offender and protect the public from future crime, because the	11979
applicable factors under section 2929.12 of the Revised Code	11980
indicating a greater likelihood of recidivism outweigh the	11981
applicable factors under that section indicating a lesser	11982
likelihood of recidivism.	11983

(v) The court finds that the prison terms imposed pursuant to	11984
division (D)(2)(a)(iii) of this section and, if applicable,	11985
division (D)(1) or (3) of this section are demeaning to the	11986
seriousness of the offense, because one or more of the factors	11987
under section 2929.12 of the Revised Code indicating that the	11988
offender's conduct is more serious than conduct normally	11989
constituting the offense are present, and they outweigh the	11990
applicable factors under that section indicating that the	11991
offender's conduct is less serious than conduct normally	11992
constituting the offense.	11993

(b) The court shall impose on an offender the longest prison	11994
term authorized or required for the offense and shall impose on	11995
the offender an additional definite prison term of one, two,	11996
three, four, five, six, seven, eight, nine, or ten years if all of	11997
the following criteria are met:	11998

(i) The offender is convicted of or pleads guilty to a	11999
specification of the type described in section 2941.149 of the	12000
Revised Code that the offender is a repeat violent offender.	12001

(ii) The offender within the preceding twenty years has been	12002
convicted of or pleaded guilty to three or more offenses described	12003
in division (CC)(1) of section 2929.01 of the Revised Code,	12004
including all offenses described in that division of which the	12005
offender is convicted or to which the offender pleads guilty in	12006
the current prosecution and all offenses described in that	12007
division of which the offender previously has been convicted or to	12008
which the offender previously pleaded guilty, whether prosecuted	12009
together or separately.	12010

(iii) The offense or offenses of which the offender currently	12011
is convicted or to which the offender currently pleads guilty is	12012
aggravated murder and the court does not impose a sentence of	12013
death or life imprisonment without parole, murder, terrorism and	12014
the court does not impose a sentence of life imprisonment without	12015
parole, any felony of the first degree that is an offense of	12016
violence and the court does not impose a sentence of life	12017
imprisonment without parole, or any felony of the second degree	12018
that is an offense of violence and the trier of fact finds that	12019
the offense involved an attempt to cause or a threat to cause	12020
serious physical harm to a person or resulted in serious physical	12021
harm to a person.	12022

(c) For purposes of division ~~(D)~~(B)(2)(b) of this section,	12023
two or more offenses committed at the same time or as part of the	12024
same act or event shall be considered one offense, and that one	12025
offense shall be the offense with the greatest penalty.	12026

(d) A sentence imposed under division ~~(D)~~(B)(2)(a) or (b) of	12027
this section shall not be reduced pursuant to section 2929.20,	12028
section 2967.19, or section 2967.193, or any other provision of	12029
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	12030
shall serve an additional prison term imposed under this section	12031
consecutively to and prior to the prison term imposed for the	12032
underlying offense.	12033

(e) When imposing a sentence pursuant to division	12034
~~(D)~~(B)(2)(a) or (b) of this section, the court shall state its	12035
findings explaining the imposed sentence.	12036

(3)~~(a)~~ Except when an offender commits a violation of section	12037
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	12038
the violation is life imprisonment or commits a violation of	12039
section 2903.02 of the Revised Code, if the offender commits a	12040
violation of section 2925.03 or 2925.11 of the Revised Code and	12041
that section classifies the offender as a major drug offender and	12042
requires the imposition of a ten-year prison term on the offender,	12043
if the offender commits a felony violation of section 2925.02,	12044
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	12045
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	12046
division (C) of section 4729.51, or division (J) of section	12047
4729.54 of the Revised Code that includes the sale, offer to sell,	12048
or possession of a schedule I or II controlled substance, with the	12049
exception of marihuana, and the court imposing sentence upon the	12050
offender finds that the offender is guilty of a specification of	12051
the type described in section 2941.1410 of the Revised Code	12052
charging that the offender is a major drug offender, if the court	12053
imposing sentence upon an offender for a felony finds that the	12054
offender is guilty of corrupt activity with the most serious	12055
offense in the pattern of corrupt activity being a felony of the	12056
first degree, or if the offender is guilty of an attempted	12057
violation of section 2907.02 of the Revised Code and, had the	12058
offender completed the violation of section 2907.02 of the Revised	12059
Code that was attempted, the offender would have been subject to a	12060
sentence of life imprisonment or life imprisonment without parole	12061
for the violation of section 2907.02 of the Revised Code, the	12062
court shall impose upon the offender for the felony violation a	12063
ten-year prison term that, subject to divisions (C) to (I) of	12064
section 2967.19 of the Revised Code, cannot be reduced pursuant to	12065
section 2929.20, section 2967.19, or any other provision of	12066
Chapter 2967. or 5120. of the Revised Code.	12067

~~(b) The court imposing a prison term on an offender under~~	12068
~~division (D)(3)(a) of this section may impose an additional prison~~	12069
~~term of one, two, three, four, five, six, seven, eight, nine, or~~	12070
~~ten years, if the court, with respect to the term imposed under~~	12071
~~division (D)(3)(a) of this section and, if applicable, divisions~~	12072
~~(D)(1) and (2) of this section, makes both of the findings set~~	12073
~~forth in divisions (D)(2)(a)(iv) and (v) of this section.~~	12074

(4) If the offender is being sentenced for a third or fourth	12075
degree felony OVI offense under division (G)(2) of section 2929.13	12076
of the Revised Code, the sentencing court shall impose upon the	12077
offender a mandatory prison term in accordance with that division.	12078
In addition to the mandatory prison term, if the offender is being	12079
sentenced for a fourth degree felony OVI offense, the court,	12080
notwithstanding division (A)(4) of this section, may sentence the	12081
offender to a definite prison term of not less than six months and	12082
not more than thirty months, and if the offender is being	12083
sentenced for a third degree felony OVI offense, the sentencing	12084
court may sentence the offender to an additional prison term of	12085
any duration specified in division (A)(3) of this section. In	12086
either case, the additional prison term imposed shall be reduced	12087
by the sixty or one hundred twenty days imposed upon the offender	12088
as the mandatory prison term. The total of the additional prison	12089
term imposed under division (D)(4) of this section plus the sixty	12090
or one hundred twenty days imposed as the mandatory prison term	12091
shall equal a definite term in the range of six months to thirty	12092
months for a fourth degree felony OVI offense and shall equal one	12093
of the authorized prison terms specified in division (A)(3) of	12094
this section for a third degree felony OVI offense. If the court	12095
imposes an additional prison term under division ~~(D)~~(B)(4) of this	12096
section, the offender shall serve the additional prison term after	12097
the offender has served the mandatory prison term required for the	12098
offense. In addition to the mandatory prison term or mandatory and	12099
additional prison term imposed as described in division ~~(D)~~(B)(4)	12100
of this section, the court also may sentence the offender to a	12101
community control sanction under section 2929.16 or 2929.17 of the	12102
Revised Code, but the offender shall serve all of the prison terms	12103
so imposed prior to serving the community control sanction.	12104

If the offender is being sentenced for a fourth degree felony	12105
OVI offense under division (G)(1) of section 2929.13 of the	12106
Revised Code and the court imposes a mandatory term of local	12107
incarceration, the court may impose a prison term as described in	12108
division (A)(1) of that section.	12109

(5) If an offender is convicted of or pleads guilty to a	12110
violation of division (A)(1) or (2) of section 2903.06 of the	12111
Revised Code and also is convicted of or pleads guilty to a	12112
specification of the type described in section 2941.1414 of the	12113
Revised Code that charges that the victim of the offense is a	12114
peace officer, as defined in section 2935.01 of the Revised Code,	12115
or an investigator of the bureau of criminal identification and	12116
investigation, as defined in section 2903.11 of the Revised Code,	12117
the court shall impose on the offender a prison term of five	12118
years. If a court imposes a prison term on an offender under	12119
division ~~(D)~~(B)(5) of this section, the prison term, subject to	12120
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	12121
not be reduced pursuant to section 2929.20, section 2967.19,	12122
section 2967.193, or any other provision of Chapter 2967. or	12123
Chapter 5120. of the Revised Code. A court shall not impose more	12124
than one prison term on an offender under division ~~(D)~~(B)(5) of	12125
this section for felonies committed as part of the same act.	12126

(6) If an offender is convicted of or pleads guilty to a	12127
violation of division (A)(1) or (2) of section 2903.06 of the	12128
Revised Code and also is convicted of or pleads guilty to a	12129
specification of the type described in section 2941.1415 of the	12130
Revised Code that charges that the offender previously has been	12131
convicted of or pleaded guilty to three or more violations of	12132
division (A) or (B) of section 4511.19 of the Revised Code or an	12133
equivalent offense, as defined in section 2941.1415 of the Revised	12134
Code, or three or more violations of any combination of those	12135
divisions and offenses, the court shall impose on the offender a	12136
prison term of three years. If a court imposes a prison term on an	12137
offender under division ~~(D)~~(B)(6) of this section, the prison	12138
term, subject to divisions (C) to (I) of section 2967.19 of the	12139
Revised Code, shall not be reduced pursuant to section 2929.20,	12140
section 2967.19, section 2967.193, or any other provision of	12141
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	12142
not impose more than one prison term on an offender under division	12143
~~(D)~~(B)(6) of this section for felonies committed as part of the	12144
same act.	12145

(7)(a) If an offender is convicted of or pleads guilty to a	12146
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	12147
2923.32, division (A)(1) or (2) of section 2907.323, or division	12148
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	12149
Code and also is convicted of or pleads guilty to a specification	12150
of the type described in section 2941.1422 of the Revised Code	12151
that charges that the offender knowingly committed the offense in	12152
furtherance of human trafficking, the court shall impose on the	12153
offender a mandatory prison term that is one of the following:	12154

(i) If the offense is a felony of the first degree, a	12155
definite prison term of not less than five years and not greater	12156
than ten years;	12157

(ii) If the offense is a felony of the second or third	12158
degree, a definite prison term of not less than three years and	12159
not greater than the maximum prison term allowed for the offense	12160
by division (A) of section 2929.14 of the Revised Code;	12161

(iii) If the offense is a felony of the fourth or fifth	12162
degree, a definite prison term that is the maximum prison term	12163
allowed for the offense by division (A) of section 2929.14 of the	12164
Revised Code.	12165

(b) ~~The~~Subject to divisions (C) to (I) of section 2967.19 of	12166
the Revised Code, the prison term imposed under division	12167
~~(D)~~(B)(7)(a) of this section shall not be reduced pursuant to	12168
section 2929.20, section 2967.19, section 2967.193, or any other	12169
provision of Chapter 2967. of the Revised Code. A court shall not	12170
impose more than one prison term on an offender under division	12171
~~(D)~~(B)(7)(a) of this section for felonies committed as part of the	12172
same act, scheme, or plan.	12173

(8) If an offender is convicted of or pleads guilty to a	12174
felony violation of section 2903.11, 2903.12, or 2903.13 of the	12175
Revised Code and also is convicted of or pleads guilty to a	12176
specification of the type described in section 2941.1423 of the	12177
Revised Code that charges that the victim of the violation was a	12178
woman whom the offender knew was pregnant at the time of the	12179
violation, notwithstanding the range of prison terms prescribed in	12180
division (A) of this section for felonies of the same degree as	12181
the violation, the court shall impose on the offender a mandatory	12182
prison term that is either a definite prison term of six months or	12183
one of the prison terms prescribed in section 2929.14 of the	12184
Revised Code for felonies of the same degree as the violation.	12185

~~(E)~~(C)(1)(a) Subject to division ~~(E)~~(C)(1)(b) of this	12186
section, if a mandatory prison term is imposed upon an offender	12187
pursuant to division ~~(D)~~(B)(1)(a) of this section for having a	12188
firearm on or about the offender's person or under the offender's	12189
control while committing a felony, if a mandatory prison term is	12190
imposed upon an offender pursuant to division ~~(D)~~(B)(1)(c) of this	12191
section for committing a felony specified in that division by	12192
discharging a firearm from a motor vehicle, or if both types of	12193
mandatory prison terms are imposed, the offender shall serve any	12194
mandatory prison term imposed under either division consecutively	12195
to any other mandatory prison term imposed under either division	12196
or under division ~~(D)~~(B)(1)(d) of this section, consecutively to	12197
and prior to any prison term imposed for the underlying felony	12198
pursuant to division (A), ~~(D)~~(B)(2), or ~~(D)~~(B)(3) of this section	12199
or any other section of the Revised Code, and consecutively to any	12200
other prison term or mandatory prison term previously or	12201
subsequently imposed upon the offender.	12202

(b) If a mandatory prison term is imposed upon an offender	12203
pursuant to division ~~(D)~~(B)(1)(d) of this section for wearing or	12204
carrying body armor while committing an offense of violence that	12205
is a felony, the offender shall serve the mandatory term so	12206
imposed consecutively to any other mandatory prison term imposed	12207
under that division or under division ~~(D)~~(B)(1)(a) or (c) of this	12208
section, consecutively to and prior to any prison term imposed for	12209
the underlying felony under division (A), ~~(D)~~(B)(2), or ~~(D)~~(B)(3)	12210
of this section or any other section of the Revised Code, and	12211
consecutively to any other prison term or mandatory prison term	12212
previously or subsequently imposed upon the offender.	12213

(c) If a mandatory prison term is imposed upon an offender	12214
pursuant to division ~~(D)~~(B)(1)(f) of this section, the offender	12215
shall serve the mandatory prison term so imposed consecutively to	12216
and prior to any prison term imposed for the underlying felony	12217
under division (A), ~~(D)~~(B)(2), or ~~(D)~~(B)(3) of this section or any	12218
other section of the Revised Code, and consecutively to any other	12219
prison term or mandatory prison term previously or subsequently	12220
imposed upon the offender.	12221

(d) If a mandatory prison term is imposed upon an offender	12222
pursuant to division ~~(D)~~(B)(7) or (8) of this section, the	12223
offender shall serve the mandatory prison term so imposed	12224
consecutively to any other mandatory prison term imposed under	12225
that division or under any other provision of law and	12226
consecutively to any other prison term or mandatory prison term	12227
previously or subsequently imposed upon the offender.	12228

(2) If an offender who is an inmate in a jail, prison, or	12229
other residential detention facility violates section 2917.02,	12230
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	12231
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	12232
offender who is under detention at a detention facility commits a	12233
felony violation of section 2923.131 of the Revised Code, or if an	12234
offender who is an inmate in a jail, prison, or other residential	12235
detention facility or is under detention at a detention facility	12236
commits another felony while the offender is an escapee in	12237
violation of division (A)(1) or (2) of section 2921.34 of the	12238
Revised Code, any prison term imposed upon the offender for one of	12239
those violations shall be served by the offender consecutively to	12240
the prison term or term of imprisonment the offender was serving	12241
when the offender committed that offense and to any other prison	12242
term previously or subsequently imposed upon the offender.	12243

(3) If a prison term is imposed for a violation of division	12244
(B) of section 2911.01 of the Revised Code, a violation of	12245
division (A) of section 2913.02 of the Revised Code in which the	12246
stolen property is a firearm or dangerous ordnance, or a felony	12247
violation of division (B) of section 2921.331 of the Revised Code,	12248
the offender shall serve that prison term consecutively to any	12249
other prison term or mandatory prison term previously or	12250
subsequently imposed upon the offender.	12251

(4) ~~If multiple prison terms are imposed on an offender for~~	12252
~~convictions of multiple offenses, the court may require the~~	12253
~~offender to serve the prison terms consecutively if the court~~	12254
~~finds that the consecutive service is necessary to protect the~~	12255
~~public from future crime or to punish the offender and that~~	12256
~~consecutive sentences are not disproportionate to the seriousness~~	12257
~~of the offender's conduct and to the danger the offender poses to~~	12258
~~the public, and if the court also finds any of the following:~~	12259

~~(a) The offender committed one or more of the multiple~~	12260
~~offenses while the offender was awaiting trial or sentencing, was~~	12261
~~under a sanction imposed pursuant to section 2929.16, 2929.17, or~~	12262
~~2929.18 of the Revised Code, or was under post-release control for~~	12263
~~a prior offense.~~	12264

~~(b) At least two of the multiple offenses were committed as~~	12265
~~part of one or more courses of conduct, and the harm caused by two~~	12266
~~or more of the multiple offenses so committed was so great or~~	12267
~~unusual that no single prison term for any of the offenses~~	12268
~~committed as part of any of the courses of conduct adequately~~	12269
~~reflects the seriousness of the offender's conduct.~~	12270

~~(c) The offender's history of criminal conduct demonstrates~~	12271
~~that consecutive sentences are necessary to protect the public~~	12272
~~from future crime by the offender.~~If multiple prison terms are	12273
imposed on an offender for convictions of multiple offenses, the	12274
court may require the offender to serve the prison terms	12275
consecutively if the court finds that the consecutive service is	12276
necessary to protect the public from future crime or to punish the	12277
offender and that consecutive sentences are not disproportionate	12278
to the seriousness of the offender's conduct and to the danger the	12279
offender poses to the public, and if the court also finds any of	12280
the following:	12281

(a) The offender committed one or more of the multiple	12282
offenses while the offender was awaiting trial or sentencing, was	12283
under a sanction imposed pursuant to section 2929.16, 2929.17, or	12284
2929.18 of the Revised Code, or was under post-release control for	12285
a prior offense.	12286

(b) At least two of the multiple offenses were committed as	12287
part of one or more courses of conduct, and the harm caused by two	12288
or more of the multiple offenses so committed was so great or	12289
unusual that no single prison term for any of the offenses	12290
committed as part of any of the courses of conduct adequately	12291
reflects the seriousness of the offender's conduct.	12292

(c) The offender's history of criminal conduct demonstrates	12293
that consecutive sentences are necessary to protect the public	12294
from future crime by the offender.	12295

(5) If a mandatory prison term is imposed upon an offender	12296
pursuant to division ~~(D)~~(B)(5) or (6) of this section, the	12297
offender shall serve the mandatory prison term consecutively to	12298
and prior to any prison term imposed for the underlying violation	12299
of division (A)(1) or (2) of section 2903.06 of the Revised Code	12300
pursuant to division (A) of this section or section 2929.142 of	12301
the Revised Code. If a mandatory prison term is imposed upon an	12302
offender pursuant to division ~~(D)~~(B)(5) of this section, and if a	12303
mandatory prison term also is imposed upon the offender pursuant	12304
to division ~~(D)~~(B)(6) of this section in relation to the same	12305
violation, the offender shall serve the mandatory prison term	12306
imposed pursuant to division ~~(D)~~(B)(5) of this section	12307
consecutively to and prior to the mandatory prison term imposed	12308
pursuant to division ~~(D)~~(B)(6) of this section and consecutively	12309
to and prior to any prison term imposed for the underlying	12310
violation of division (A)(1) or (2) of section 2903.06 of the	12311
Revised Code pursuant to division (A) of this section or section	12312
2929.142 of the Revised Code.	12313

(6) When consecutive prison terms are imposed pursuant to	12314
division ~~(E)~~(C)(1), (2), (3), (4), or (5) or division ~~(J)~~(H)(1) or	12315
(2) of this section, the term to be served is the aggregate of all	12316
of the terms so imposed.	12317

~~(F)~~(D)(1) If a court imposes a prison term for a felony of	12318
the first degree, for a felony of the second degree, for a felony	12319
sex offense, or for a felony of the third degree that is not a	12320
felony sex offense and in the commission of which the offender	12321
caused or threatened to cause physical harm to a person, it shall	12322
include in the sentence a requirement that the offender be subject	12323
to a period of post-release control after the offender's release	12324
from imprisonment, in accordance with that division. If a court	12325
imposes a sentence including a prison term of a type described in	12326
this division on or after July 11, 2006, the failure of a court to	12327
include a post-release control requirement in the sentence	12328
pursuant to this division does not negate, limit, or otherwise	12329
affect the mandatory period of post-release control that is	12330
required for the offender under division (B) of section 2967.28 of	12331
the Revised Code. Section 2929.191 of the Revised Code applies if,	12332
prior to July 11, 2006, a court imposed a sentence including a	12333
prison term of a type described in this division and failed to	12334
include in the sentence pursuant to this division a statement	12335
regarding post-release control.	12336

(2) If a court imposes a prison term for a felony of the	12337
third, fourth, or fifth degree that is not subject to division	12338
~~(F)~~(D)(1) of this section, it shall include in the sentence a	12339
requirement that the offender be subject to a period of	12340
post-release control after the offender's release from	12341
imprisonment, in accordance with that division, if the parole	12342
board determines that a period of post-release control is	12343
necessary. Section 2929.191 of the Revised Code applies if, prior	12344
to July 11, 2006, a court imposed a sentence including a prison	12345
term of a type described in this division and failed to include in	12346
the sentence pursuant to this division a statement regarding	12347
post-release control.	12348

(3) If a court imposes a prison term on or after the	12349
effective date of this amendment for a felony, it shall include in	12350
the sentence a statement notifying the offender that the offender	12351
may be eligible to earn days of credit under the circumstances	12352
specified in section 2967.193 of the Revised Code. The statement	12353
also shall notify the offender that days of credit are not	12354
automatically awarded under that section, but that they must be	12355
earned in the manner specified in that section. If a court fails	12356
to include the statement in the sentence, the failure does not	12357
affect the eligibility of the offender under section 2967.193 of	12358
the Revised Code to earn any days of credit as a deduction from	12359
the offender's stated prison term or otherwise render any part of	12360
that section or any action taken under that section void or	12361
voidable. The failure of a court to include in a sentence the	12362
statement described in this division does not constitute grounds	12363
for setting aside the offender's conviction or sentence or for	12364
granting postconviction relief to the offender.	12365

~~(G)~~(E) The court shall impose sentence upon the offender in	12366
accordance with section 2971.03 of the Revised Code, and Chapter	12367
2971. of the Revised Code applies regarding the prison term or	12368
term of life imprisonment without parole imposed upon the offender	12369
and the service of that term of imprisonment if any of the	12370
following apply:	12371

(1) A person is convicted of or pleads guilty to a violent	12372
sex offense or a designated homicide, assault, or kidnapping	12373
offense, and, in relation to that offense, the offender is	12374
adjudicated a sexually violent predator.	12375

(2) A person is convicted of or pleads guilty to a violation	12376
of division (A)(1)(b) of section 2907.02 of the Revised Code	12377
committed on or after January 2, 2007, and either the court does	12378
not impose a sentence of life without parole when authorized	12379
pursuant to division (B) of section 2907.02 of the Revised Code,	12380
or division (B) of section 2907.02 of the Revised Code provides	12381
that the court shall not sentence the offender pursuant to section	12382
2971.03 of the Revised Code.	12383

(3) A person is convicted of or pleads guilty to attempted	12384
rape committed on or after January 2, 2007, and a specification of	12385
the type described in section 2941.1418, 2941.1419, or 2941.1420	12386
of the Revised Code.	12387

(4) A person is convicted of or pleads guilty to a violation	12388
of section 2905.01 of the Revised Code committed on or after	12389
January 1, 2008, and that section requires the court to sentence	12390
the offender pursuant to section 2971.03 of the Revised Code.	12391

(5) A person is convicted of or pleads guilty to aggravated	12392
murder committed on or after January 1, 2008, and division	12393
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	12394
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	12395
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	12396
2929.06 of the Revised Code requires the court to sentence the	12397
offender pursuant to division (B)(3) of section 2971.03 of the	12398
Revised Code.	12399

(6) A person is convicted of or pleads guilty to murder	12400
committed on or after January 1, 2008, and division (B)(2) of	12401
section 2929.02 of the Revised Code requires the court to sentence	12402
the offender pursuant to section 2971.03 of the Revised Code.	12403

~~(H)~~(F) If a person who has been convicted of or pleaded	12404
guilty to a felony is sentenced to a prison term or term of	12405
imprisonment under this section, sections 2929.02 to 2929.06 of	12406
the Revised Code, section 2929.142 of the Revised Code, section	12407
2971.03 of the Revised Code, or any other provision of law,	12408
section 5120.163 of the Revised Code applies regarding the person	12409
while the person is confined in a state correctional institution.	12410

~~(I)~~(G) If an offender who is convicted of or pleads guilty to	12411
a felony that is an offense of violence also is convicted of or	12412
pleads guilty to a specification of the type described in section	12413
2941.142 of the Revised Code that charges the offender with having	12414
committed the felony while participating in a criminal gang, the	12415
court shall impose upon the offender an additional prison term of	12416
one, two, or three years.	12417

~~(J)~~(H)(1) If an offender who is convicted of or pleads guilty	12418
to aggravated murder, murder, or a felony of the first, second, or	12419
third degree that is an offense of violence also is convicted of	12420
or pleads guilty to a specification of the type described in	12421
section 2941.143 of the Revised Code that charges the offender	12422
with having committed the offense in a school safety zone or	12423
towards a person in a school safety zone, the court shall impose	12424
upon the offender an additional prison term of two years. The	12425
offender shall serve the additional two years consecutively to and	12426
prior to the prison term imposed for the underlying offense.	12427

(2)(a) If an offender is convicted of or pleads guilty to a	12428
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	12429
of the Revised Code and to a specification of the type described	12430
in section 2941.1421 of the Revised Code and if the court imposes	12431
a prison term on the offender for the felony violation, the court	12432
may impose upon the offender an additional prison term as follows:	12433

(i) Subject to division ~~(J)~~(H)(2)(a)(ii) of this section, an	12434
additional prison term of one, two, three, four, five, or six	12435
months;	12436

(ii) If the offender previously has been convicted of or	12437
pleaded guilty to one or more felony or misdemeanor violations of	12438
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	12439
Revised Code and also was convicted of or pleaded guilty to a	12440
specification of the type described in section 2941.1421 of the	12441
Revised Code regarding one or more of those violations, an	12442
additional prison term of one, two, three, four, five, six, seven,	12443
eight, nine, ten, eleven, or twelve months.	12444

(b) In lieu of imposing an additional prison term under	12445
division ~~(J)~~(H)(2)(a) of this section, the court may directly	12446
impose on the offender a sanction that requires the offender to	12447
wear a real-time processing, continual tracking electronic	12448
monitoring device during the period of time specified by the	12449
court. The period of time specified by the court shall equal the	12450
duration of an additional prison term that the court could have	12451
imposed upon the offender under division ~~(J)~~(H)(2)(a) of this	12452
section. A sanction imposed under this division shall commence on	12453
the date specified by the court, provided that the sanction shall	12454
not commence until after the offender has served the prison term	12455
imposed for the felony violation of section 2907.22, 2907.24,	12456
2907.241, or 2907.25 of the Revised Code and any residential	12457
sanction imposed for the violation under section 2929.16 of the	12458
Revised Code. A sanction imposed under this division shall be	12459
considered to be a community control sanction for purposes of	12460
section 2929.15 of the Revised Code, and all provisions of the	12461
Revised Code that pertain to community control sanctions shall	12462
apply to a sanction imposed under this division, except to the	12463
extent that they would by their nature be clearly inapplicable.	12464
The offender shall pay all costs associated with a sanction	12465
imposed under this division, including the cost of the use of the	12466
monitoring device.	12467

~~(K)~~(I)(1) At the time of sentencing, the court may recommend	12468
the offender for placement in a program of shock incarceration	12469
under section 5120.031 of the Revised Code or for placement in an	12470
intensive program prison under section 5120.032 of the Revised	12471
Code, disapprove placement of the offender in a program of shock	12472
incarceration or an intensive program prison of that nature, or	12473
make no recommendation on placement of the offender. In no case	12474
shall the department of rehabilitation and correction place the	12475
offender in a program or prison of that nature unless the	12476
department determines as specified in section 5120.031 or 5120.032	12477
of the Revised Code, whichever is applicable, that the offender is	12478
eligible for the placement.	12479

If the court disapproves placement of the offender in a	12480
program or prison of that nature, the department of rehabilitation	12481
and correction shall not place the offender in any program of	12482
shock incarceration or intensive program prison.	12483

If the court recommends placement of the offender in a	12484
program of shock incarceration or in an intensive program prison,	12485
and if the offender is subsequently placed in the recommended	12486
program or prison, the department shall notify the court of the	12487
placement and shall include with the notice a brief description of	12488
the placement.	12489

If the court recommends placement of the offender in a	12490
program of shock incarceration or in an intensive program prison	12491
and the department does not subsequently place the offender in the	12492
recommended program or prison, the department shall send a notice	12493
to the court indicating why the offender was not placed in the	12494
recommended program or prison.	12495

If the court does not make a recommendation under this	12496
division with respect to an offender and if the department	12497
determines as specified in section 5120.031 or 5120.032 of the	12498
Revised Code, whichever is applicable, that the offender is	12499
eligible for placement in a program or prison of that nature, the	12500
department shall screen the offender and determine if there is an	12501
available program of shock incarceration or an intensive program	12502
prison for which the offender is suited. If there is an available	12503
program of shock incarceration or an intensive program prison for	12504
which the offender is suited, the department shall notify the	12505
court of the proposed placement of the offender as specified in	12506
section 5120.031 or 5120.032 of the Revised Code and shall include	12507
with the notice a brief description of the placement. The court	12508
shall have ten days from receipt of the notice to disapprove the	12509
placement.	12510

(L) If a person is convicted of or pleads guilty to	12511
aggravated vehicular homicide in violation of division (A)(1) of	12512
section 2903.06 of the Revised Code and division (B)(2)(c) of that	12513
section applies, the person shall be sentenced pursuant to section	12514
2929.142 of the Revised Code.	12515

Sec. 2929.143. (A) When a court sentences an offender who is	12516
convicted of a felony to a term of incarceration in a state	12517
correctional institution, the court may recommend that the	12518
offender serve a risk reduction sentence under section 5120.036 of	12519
the Revised Code if the court determines that a risk reduction	12520
sentence is appropriate, and all of the following apply:	12521

(1) The offense for which the offender is being sentenced is	12522
not aggravated murder, murder, complicity in committing aggravated	12523
murder or murder, an offense of violence that is a felony of the	12524
first or second degree, a sexually oriented offense, or an attempt	12525
or conspiracy to commit or complicity in committing any offense	12526
otherwise identified in this division if the attempt, conspiracy,	12527
or complicity is a felony of the first or second degree.	12528

(2) The offender's sentence to the term of incarceration does	12529
not consist solely of one or more mandatory prison terms.	12530

(3) The offender agrees to cooperate with an assessment of	12531
the offender's needs and risk of reoffending that the department	12532
of rehabilitation and correction conducts under section 5120.036	12533
of the Revised Code.	12534

(4) The offender agrees to participate in any programming or	12535
treatment that the department of rehabilitation and correction	12536
orders to address any issues raised in the assessment described in	12537
division (A)(3) of this section.	12538

(B) An offender who is serving a risk reduction sentence is	12539
not entitled to any earned credit under section 2967.193 of the	12540
Revised Code.	12541

Sec. 2929.15. (A)(1) If in sentencing an offender for a	12542
felony the court is not required to impose a prison term, a	12543
mandatory prison term, or a term of life imprisonment upon the	12544
offender, the court may directly impose a sentence that consists	12545
of one or more community control sanctions authorized pursuant to	12546
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	12547
court is sentencing an offender for a fourth degree felony OVI	12548
offense under division (G)(1) of section 2929.13 of the Revised	12549
Code, in addition to the mandatory term of local incarceration	12550
imposed under that division and the mandatory fine required by	12551
division (B)(3) of section 2929.18 of the Revised Code, the court	12552
may impose upon the offender a community control sanction or	12553
combination of community control sanctions in accordance with	12554
sections 2929.16 and 2929.17 of the Revised Code. If the court is	12555
sentencing an offender for a third or fourth degree felony OVI	12556
offense under division (G)(2) of section 2929.13 of the Revised	12557
Code, in addition to the mandatory prison term or mandatory prison	12558
term and additional prison term imposed under that division, the	12559
court also may impose upon the offender a community control	12560
sanction or combination of community control sanctions under	12561
section 2929.16 or 2929.17 of the Revised Code, but the offender	12562
shall serve all of the prison terms so imposed prior to serving	12563
the community control sanction.	12564

The duration of all community control sanctions imposed upon	12565
an offender under this division shall not exceed five years. If	12566
the offender absconds or otherwise leaves the jurisdiction of the	12567
court in which the offender resides without obtaining permission	12568
from the court or the offender's probation officer to leave the	12569
jurisdiction of the court, or if the offender is confined in any	12570
institution for the commission of any offense while under a	12571
community control sanction, the period of the community control	12572
sanction ceases to run until the offender is brought before the	12573
court for its further action. If the court sentences the offender	12574
to one or more nonresidential sanctions under section 2929.17 of	12575
the Revised Code, the court shall impose as a condition of the	12576
nonresidential sanctions that, during the period of the sanctions,	12577
the offender must abide by the law and must not leave the state	12578
without the permission of the court or the offender's probation	12579
officer. The court may impose any other conditions of release	12580
under a community control sanction that the court considers	12581
appropriate, including, but not limited to, requiring that the	12582
offender not ingest or be injected with a drug of abuse and submit	12583
to random drug testing as provided in division (D) of this section	12584
to determine whether the offender ingested or was injected with a	12585
drug of abuse and requiring that the results of the drug test	12586
indicate that the offender did not ingest or was not injected with	12587
a drug of abuse.	12588

(2)(a) If a court sentences an offender to any community	12589
control sanction or combination of community control sanctions	12590
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	12591
Revised Code, the court shall place the offender under the general	12592
control and supervision of a department of probation in the county	12593
that serves the court for purposes of reporting to the court a	12594
violation of any condition of the sanctions, any condition of	12595
release under a community control sanction imposed by the court, a	12596
violation of law, or the departure of the offender from this state	12597
without the permission of the court or the offender's probation	12598
officer. Alternatively, if the offender resides in another county	12599
and a county department of probation has been established in that	12600
county or that county is served by a multicounty probation	12601
department established under section 2301.27 of the Revised Code,	12602
the court may request the court of common pleas of that county to	12603
receive the offender into the general control and supervision of	12604
that county or multicounty department of probation for purposes of	12605
reporting to the court a violation of any condition of the	12606
sanctions, any condition of release under a community control	12607
sanction imposed by the court, a violation of law, or the	12608
departure of the offender from this state without the permission	12609
of the court or the offender's probation officer, subject to the	12610
jurisdiction of the trial judge over and with respect to the	12611
person of the offender, and to the rules governing that department	12612
of probation.	12613

If there is no department of probation in the county that	12614
serves the court, the court shall place the offender, regardless	12615
of the offender's county of residence, under the general control	12616
and supervision of the adult parole authority for purposes of	12617
reporting to the court a violation of any of the sanctions, any	12618
condition of release under a community control sanction imposed by	12619
the court, a violation of law, or the departure of the offender	12620
from this state without the permission of the court or the	12621
offender's probation officer.	12622

(b) If the court imposing sentence upon an offender sentences	12623
the offender to any community control sanction or combination of	12624
community control sanctions authorized pursuant to section	12625
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	12626
offender violates any condition of the sanctions, any condition of	12627
release under a community control sanction imposed by the court,	12628
violates any law, or departs the state without the permission of	12629
the court or the offender's probation officer, the public or	12630
private person or entity that operates or administers the sanction	12631
or the program or activity that comprises the sanction shall	12632
report the violation or departure directly to the sentencing	12633
court, or shall report the violation or departure to the county or	12634
multicounty department of probation with general control and	12635
supervision over the offender under division (A)(2)(a) of this	12636
section or the officer of that department who supervises the	12637
offender, or, if there is no such department with general control	12638
and supervision over the offender under that division, to the	12639
adult parole authority. If the public or private person or entity	12640
that operates or administers the sanction or the program or	12641
activity that comprises the sanction reports the violation or	12642
departure to the county or multicounty department of probation or	12643
the adult parole authority, the department's or authority's	12644
officers may treat the offender as if the offender were on	12645
probation and in violation of the probation, and shall report the	12646
violation of the condition of the sanction, any condition of	12647
release under a community control sanction imposed by the court,	12648
the violation of law, or the departure from the state without the	12649
required permission to the sentencing court.	12650

(3) If an offender who is eligible for community control	12651
sanctions under this section admits to being drug addicted or the	12652
court has reason to believe that the offender is drug addicted,	12653
and if the offense for which the offender is being sentenced was	12654
related to the addiction, the court may require that the offender	12655
be assessed by a properly credentialed professional within a	12656
specified period of time and shall require the professional to	12657
file a written assessment of the offender with the court. If a	12658
court imposes treatment and recovery support services as a	12659
community control sanction, the court shall direct the level and	12660
type of treatment and recovery support services after	12661
consideration of the written assessment, if available at the time	12662
of sentencing, and recommendations of the professional and other	12663
treatment and recovery support services providers.	12664

(4) If an assessment completed pursuant to division (A)(3) of	12665
this section indicates that the offender is addicted to drugs or	12666
alcohol, the court may include in any community control sanction	12667
imposed for a violation of section 2925.02, 2925.03, 2925.04,	12668
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	12669
2925.37 of the Revised Code a requirement that the offender	12670
participate in a treatment and recovery support services program	12671
certified under section 3793.06 of the Revised Code or offered by	12672
another properly credentialed program provider.	12673

(B)(1) If the conditions of a community control sanction are	12674
violated or if the offender violates a law or leaves the state	12675
without the permission of the court or the offender's probation	12676
officer, the sentencing court may impose upon the violator one or	12677
more of the following penalties:	12678

(a) A longer time under the same sanction if the total time	12679
under the sanctions does not exceed the five-year limit specified	12680
in division (A) of this section;	12681

(b) A more restrictive sanction under section 2929.16,	12682
2929.17, or 2929.18 of the Revised Code;	12683

(c) A prison term on the offender pursuant to section 2929.14	12684
of the Revised Code.	12685

(2) The prison term, if any, imposed upon a violator pursuant	12686
to this division shall be within the range of prison terms	12687
available for the offense for which the sanction that was violated	12688
was imposed and shall not exceed the prison term specified in the	12689
notice provided to the offender at the sentencing hearing pursuant	12690
to division (B)~~(3)~~(2) of section 2929.19 of the Revised Code. The	12691
court may reduce the longer period of time that the offender is	12692
required to spend under the longer sanction, the more restrictive	12693
sanction, or a prison term imposed pursuant to this division by	12694
the time the offender successfully spent under the sanction that	12695
was initially imposed.	12696

(C) If an offender, for a significant period of time,	12697
fulfills the conditions of a sanction imposed pursuant to section	12698
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	12699
manner, the court may reduce the period of time under the sanction	12700
or impose a less restrictive sanction, but the court shall not	12701
permit the offender to violate any law or permit the offender to	12702
leave the state without the permission of the court or the	12703
offender's probation officer.	12704

(D)(1) If a court under division (A)(1) of this section	12705
imposes a condition of release under a community control sanction	12706
that requires the offender to submit to random drug testing, the	12707
department of probation or the adult parole authority that has	12708
general control and supervision of the offender under division	12709
(A)(2)(a) of this section may cause the offender to submit to	12710
random drug testing performed by a laboratory or entity that has	12711
entered into a contract with any of the governmental entities or	12712
officers authorized to enter into a contract with that laboratory	12713
or entity under section 341.26, 753.33, or 5120.63 of the Revised	12714
Code.	12715

(2) If no laboratory or entity described in division (D)(1)	12716
of this section has entered into a contract as specified in that	12717
division, the department of probation or the adult parole	12718
authority that has general control and supervision of the offender	12719
under division (A)(2)(a) of this section shall cause the offender	12720
to submit to random drug testing performed by a reputable public	12721
laboratory to determine whether the individual who is the subject	12722
of the drug test ingested or was injected with a drug of abuse.	12723

(3) A laboratory or entity that has entered into a contract	12724
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	12725
shall perform the random drug tests under division (D)(1) of this	12726
section in accordance with the applicable standards that are	12727
included in the terms of that contract. A public laboratory shall	12728
perform the random drug tests under division (D)(2) of this	12729
section in accordance with the standards set forth in the policies	12730
and procedures established by the department of rehabilitation and	12731
correction pursuant to section 5120.63 of the Revised Code. An	12732
offender who is required under division (A)(1) of this section to	12733
submit to random drug testing as a condition of release under a	12734
community control sanction and whose test results indicate that	12735
the offender ingested or was injected with a drug of abuse shall	12736
pay the fee for the drug test if the department of probation or	12737
the adult parole authority that has general control and	12738
supervision of the offender requires payment of a fee. A	12739
laboratory or entity that performs the random drug testing on an	12740
offender under division (D)(1) or (2) of this section shall	12741
transmit the results of the drug test to the appropriate	12742
department of probation or the adult parole authority that has	12743
general control and supervision of the offender under division	12744
(A)(2)(a) of this section.	12745

Sec. 2929.19. (A) The court shall hold a sentencing hearing	12746
before imposing a sentence under this chapter upon an offender who	12747
was convicted of or pleaded guilty to a felony and before	12748
resentencing an offender who was convicted of or pleaded guilty to	12749
a felony and whose case was remanded pursuant to section 2953.07	12750
or 2953.08 of the Revised Code. At the hearing, the offender, the	12751
prosecuting attorney, the victim or the victim's representative in	12752
accordance with section 2930.14 of the Revised Code, and, with the	12753
approval of the court, any other person may present information	12754
relevant to the imposition of sentence in the case. The court	12755
shall inform the offender of the verdict of the jury or finding of	12756
the court and ask the offender whether the offender has anything	12757
to say as to why sentence should not be imposed upon the offender.	12758

(B)(1) At the sentencing hearing, the court, before imposing	12759
sentence, shall consider the record, any information presented at	12760
the hearing by any person pursuant to division (A) of this	12761
section, and, if one was prepared, the presentence investigation	12762
report made pursuant to section 2951.03 of the Revised Code or	12763
Criminal Rule 32.2, and any victim impact statement made pursuant	12764
to section 2947.051 of the Revised Code.	12765

(2) ~~The court shall impose a sentence and shall make a~~	12766
~~finding that gives its reasons for selecting the sentence imposed~~	12767
~~in any of the following circumstances:~~	12768

~~(a) Unless the offense is a violent sex offense or designated~~	12769
~~homicide, assault, or kidnapping offense for which the court is~~	12770
~~required to impose sentence pursuant to division (G) of section~~	12771
~~2929.14 of the Revised Code, if it imposes a prison term for a~~	12772
~~felony of the fourth or fifth degree or for a felony drug offense~~	12773
~~that is a violation of a provision of Chapter 2925. of the Revised~~	12774
~~Code and that is specified as being subject to division (B) of~~	12775
~~section 2929.13 of the Revised Code for purposes of sentencing,~~	12776
~~its reasons for imposing the prison term, based upon the~~	12777
~~overriding purposes and principles of felony sentencing set forth~~	12778
~~in section 2929.11 of the Revised Code, and any factors listed in~~	12779
~~divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code~~	12780
~~that it found to apply relative to the offender.~~	12781

~~(b) If it does not impose a prison term for a felony of the~~	12782
~~first or second degree or for a felony drug offense that is a~~	12783
~~violation of a provision of Chapter 2925. of the Revised Code and~~	12784
~~for which a presumption in favor of a prison term is specified as~~	12785
~~being applicable, its reasons for not imposing the prison term and~~	12786
~~for overriding the presumption, based upon the overriding purposes~~	12787
~~and principles of felony sentencing set forth in section 2929.11~~	12788
~~of the Revised Code, and the basis of the findings it made under~~	12789
~~divisions (D)(1) and (2) of section 2929.13 of the Revised Code.~~	12790

~~(c) If it imposes consecutive sentences under section 2929.14~~	12791
~~of the Revised Code, its reasons for imposing the consecutive~~	12792
~~sentences;~~	12793

~~(d) If the sentence is for one offense and it imposes a~~	12794
~~prison term for the offense that is the maximum prison term~~	12795
~~allowed for that offense by division (A) of section 2929.14 of the~~	12796
~~Revised Code or section 2929.142 of the Revised Code, its reasons~~	12797
~~for imposing the maximum prison term;~~	12798

~~(e) If the sentence is for two or more offenses arising out~~	12799
~~of a single incident and it imposes a prison term for those~~	12800
~~offenses that is the maximum prison term allowed for the offense~~	12801
~~of the highest degree by division (A) of section 2929.14 of the~~	12802
~~Revised Code or section 2929.142 of the Revised Code, its reasons~~	12803
~~for imposing the maximum prison term.~~	12804

~~(3)~~ Subject to division (B)~~(4)~~(3) of this section, if the	12805
sentencing court determines at the sentencing hearing that a	12806
prison term is necessary or required, the court shall do all of	12807
the following:	12808

(a) Impose a stated prison term and, if the court imposes a	12809
mandatory prison term, notify the offender that the prison term is	12810
a mandatory prison term;	12811

(b) In addition to any other information, include in the	12812
sentencing entry the name and section reference to the offense or	12813
offenses, the sentence or sentences imposed and whether the	12814
sentence or sentences contain mandatory prison terms, if sentences	12815
are imposed for multiple counts whether the sentences are to be	12816
served concurrently or consecutively, and the name and section	12817
reference of any specification or specifications for which	12818
sentence is imposed and the sentence or sentences imposed for the	12819
specification or specifications;	12820

(c) Notify the offender that the offender will be supervised	12821
under section 2967.28 of the Revised Code after the offender	12822
leaves prison if the offender is being sentenced for a felony of	12823
the first degree or second degree, for a felony sex offense, or	12824
for a felony of the third degree that is not a felony sex offense	12825
and in the commission of which the offender caused or threatened	12826
to cause physical harm to a person. If a court imposes a sentence	12827
including a prison term of a type described in division	12828
(B)~~(3)~~(2)(c) of this section on or after July 11, 2006, the	12829
failure of a court to notify the offender pursuant to division	12830
(B)~~(3)~~(2)(c) of this section that the offender will be supervised	12831
under section 2967.28 of the Revised Code after the offender	12832
leaves prison or to include in the judgment of conviction entered	12833
on the journal a statement to that effect does not negate, limit,	12834
or otherwise affect the mandatory period of supervision that is	12835
required for the offender under division (B) of section 2967.28 of	12836
the Revised Code. Section 2929.191 of the Revised Code applies if,	12837
prior to July 11, 2006, a court imposed a sentence including a	12838
prison term of a type described in division (B)~~(3)~~(2)(c) of this	12839
section and failed to notify the offender pursuant to division	12840
(B)~~(3)~~(2)(c) of this section regarding post-release control or to	12841
include in the judgment of conviction entered on the journal or in	12842
the sentence a statement regarding post-release control.	12843

(d) Notify the offender that the offender may be supervised	12844
under section 2967.28 of the Revised Code after the offender	12845
leaves prison if the offender is being sentenced for a felony of	12846
the third, fourth, or fifth degree that is not subject to division	12847
(B)~~(3)~~(2)(c) of this section. Section 2929.191 of the Revised Code	12848
applies if, prior to July 11, 2006, a court imposed a sentence	12849
including a prison term of a type described in division	12850
(B)~~(3)~~(2)(d) of this section and failed to notify the offender	12851
pursuant to division (B)~~(3)~~(2)(d) of this section regarding	12852
post-release control or to include in the judgment of conviction	12853
entered on the journal or in the sentence a statement regarding	12854
post-release control.	12855

(e) Notify the offender that, if a period of supervision is	12856
imposed following the offender's release from prison, as described	12857
in division (B)~~(3)~~(2)(c) or (d) of this section, and if the	12858
offender violates that supervision or a condition of post-release	12859
control imposed under division (B) of section 2967.131 of the	12860
Revised Code, the parole board may impose a prison term, as part	12861
of the sentence, of up to one-half of the stated prison term	12862
originally imposed upon the offender. If a court imposes a	12863
sentence including a prison term on or after July 11, 2006, the	12864
failure of a court to notify the offender pursuant to division	12865
(B)~~(3)~~(2)(e) of this section that the parole board may impose a	12866
prison term as described in division (B)~~(3)~~(2)(e) of this section	12867
for a violation of that supervision or a condition of post-release	12868
control imposed under division (B) of section 2967.131 of the	12869
Revised Code or to include in the judgment of conviction entered	12870
on the journal a statement to that effect does not negate, limit,	12871
or otherwise affect the authority of the parole board to so impose	12872
a prison term for a violation of that nature if, pursuant to	12873
division (D)(1) of section 2967.28 of the Revised Code, the parole	12874
board notifies the offender prior to the offender's release of the	12875
board's authority to so impose a prison term. Section 2929.191 of	12876
the Revised Code applies if, prior to July 11, 2006, a court	12877
imposed a sentence including a prison term and failed to notify	12878
the offender pursuant to division (B)~~(3)~~(2)(e) of this section	12879
regarding the possibility of the parole board imposing a prison	12880
term for a violation of supervision or a condition of post-release	12881
control.	12882

(f) Require that the offender not ingest or be injected with	12883
a drug of abuse and submit to random drug testing as provided in	12884
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	12885
is applicable to the offender who is serving a prison term, and	12886
require that the results of the drug test administered under any	12887
of those sections indicate that the offender did not ingest or was	12888
not injected with a drug of abuse.	12889

(g) Include in the offender's sentence a statement notifying	12890
the offender of the information described in division (F)(3) of	12891
section 2929.14 of the Revised Code regarding earned credits under	12892
section 2967.193 of the Revised Code.	12893

~~(4)~~(3)(a) The court shall include in the offender's sentence	12894
a statement that the offender is a tier III sex	12895
offender/child-victim offender, and the court shall comply with	12896
the requirements of section 2950.03 of the Revised Code if any of	12897
the following apply:	12898

(i) The offender is being sentenced for a violent sex offense	12899
or designated homicide, assault, or kidnapping offense that the	12900
offender committed on or after January 1, 1997, and the offender	12901
is adjudicated a sexually violent predator in relation to that	12902
offense.	12903

(ii) The offender is being sentenced for a sexually oriented	12904
offense that the offender committed on or after January 1, 1997,	12905
and the offender is a tier III sex offender/child-victim offender	12906
relative to that offense.	12907

(iii) The offender is being sentenced on or after July 31,	12908
2003, for a child-victim oriented offense, and the offender is a	12909
tier III sex offender/child-victim offender relative to that	12910
offense.	12911

(iv) The offender is being sentenced under section 2971.03 of	12912
the Revised Code for a violation of division (A)(1)(b) of section	12913
2907.02 of the Revised Code committed on or after January 2, 2007.	12914

(v) The offender is sentenced to a term of life without	12915
parole under division (B) of section 2907.02 of the Revised Code.	12916

(vi) The offender is being sentenced for attempted rape	12917
committed on or after January 2, 2007, and a specification of the	12918
type described in section 2941.1418, 2941.1419, or 2941.1420 of	12919
the Revised Code.	12920

(vii) The offender is being sentenced under division	12921
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	12922
for an offense described in those divisions committed on or after	12923
January 1, 2008.	12924

(b) Additionally, if any criterion set forth in divisions	12925
(B)~~(4)~~(3)(a)(i) to (vii) of this section is satisfied, in the	12926
circumstances described in division ~~(G)~~(E) of section 2929.14 of	12927
the Revised Code, the court shall impose sentence on the offender	12928
as described in that division.	12929

~~(5)~~(4) If the sentencing court determines at the sentencing	12930
hearing that a community control sanction should be imposed and	12931
the court is not prohibited from imposing a community control	12932
sanction, the court shall impose a community control sanction. The	12933
court shall notify the offender that, if the conditions of the	12934
sanction are violated, if the offender commits a violation of any	12935
law, or if the offender leaves this state without the permission	12936
of the court or the offender's probation officer, the court may	12937
impose a longer time under the same sanction, may impose a more	12938
restrictive sanction, or may impose a prison term on the offender	12939
and shall indicate the specific prison term that may be imposed as	12940
a sanction for the violation, as selected by the court from the	12941
range of prison terms for the offense pursuant to section 2929.14	12942
of the Revised Code.	12943

~~(6)~~(5) Before imposing a financial sanction under section	12944
2929.18 of the Revised Code or a fine under section 2929.32 of the	12945
Revised Code, the court shall consider the offender's present and	12946
future ability to pay the amount of the sanction or fine.	12947

~~(7)~~(6) If the sentencing court sentences the offender to a	12948
sanction of confinement pursuant to section 2929.14 or 2929.16 of	12949
the Revised Code that is to be served in a local detention	12950
facility, as defined in section 2929.36 of the Revised Code, and	12951
if the local detention facility is covered by a policy adopted	12952
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	12953
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	12954
and section 2929.37 of the Revised Code, both of the following	12955
apply:	12956

(a) The court shall specify both of the following as part of	12957
the sentence:	12958

(i) If the offender is presented with an itemized bill	12959
pursuant to section 2929.37 of the Revised Code for payment of the	12960
costs of confinement, the offender is required to pay the bill in	12961
accordance with that section.	12962

(ii) If the offender does not dispute the bill described in	12963
division (B)~~(7)~~(6)(a)(i) of this section and does not pay the bill	12964
by the times specified in section 2929.37 of the Revised Code, the	12965
clerk of the court may issue a certificate of judgment against the	12966
offender as described in that section.	12967

(b) The sentence automatically includes any certificate of	12968
judgment issued as described in division (B)~~(7)~~(6)(a)(ii) of this	12969
section.	12970

~~(8)~~(7) The failure of the court to notify the offender that a	12971
prison term is a mandatory prison term pursuant to division	12972
(B)~~(3)~~(2)(a) of this section or to include in the sentencing entry	12973
any information required by division (B)~~(3)~~(2)(b) of this section	12974
does not affect the validity of the imposed sentence or sentences.	12975
If the sentencing court notifies the offender at the sentencing	12976
hearing that a prison term is mandatory but the sentencing entry	12977
does not specify that the prison term is mandatory, the court may	12978
complete a corrected journal entry and send copies of the	12979
corrected entry to the offender and the department of	12980
rehabilitation and correction, or, at the request of the state,	12981
the court shall complete a corrected journal entry and send copies	12982
of the corrected entry to the offender and department of	12983
rehabilitation and correction.	12984

(C)(1) If the offender is being sentenced for a fourth degree	12985
felony OVI offense under division (G)(1) of section 2929.13 of the	12986
Revised Code, the court shall impose the mandatory term of local	12987
incarceration in accordance with that division, shall impose a	12988
mandatory fine in accordance with division (B)(3) of section	12989
2929.18 of the Revised Code, and, in addition, may impose	12990
additional sanctions as specified in sections 2929.15, 2929.16,	12991
2929.17, and 2929.18 of the Revised Code. The court shall not	12992
impose a prison term on the offender except that the court may	12993
impose a prison term upon the offender as provided in division	12994
(A)(1) of section 2929.13 of the Revised Code.	12995

(2) If the offender is being sentenced for a third or fourth	12996
degree felony OVI offense under division (G)(2) of section 2929.13	12997
of the Revised Code, the court shall impose the mandatory prison	12998
term in accordance with that division, shall impose a mandatory	12999
fine in accordance with division (B)(3) of section 2929.18 of the	13000
Revised Code, and, in addition, may impose an additional prison	13001
term as specified in section 2929.14 of the Revised Code. In	13002
addition to the mandatory prison term or mandatory prison term and	13003
additional prison term the court imposes, the court also may	13004
impose a community control sanction on the offender, but the	13005
offender shall serve all of the prison terms so imposed prior to	13006
serving the community control sanction.	13007

(D) The sentencing court, pursuant to division ~~(K)~~(I)(1) of	13008
section 2929.14 of the Revised Code, may recommend placement of	13009
the offender in a program of shock incarceration under section	13010
5120.031 of the Revised Code or an intensive program prison under	13011
section 5120.032 of the Revised Code, disapprove placement of the	13012
offender in a program or prison of that nature, or make no	13013
recommendation. If the court recommends or disapproves placement,	13014
it shall make a finding that gives its reasons for its	13015
recommendation or disapproval.	13016

Sec. 2929.191. (A)(1) If, prior to ~~the effective date of~~	13017
~~this section~~July 11, 2006, a court imposed a sentence including a	13018
prison term of a type described in division (B)~~(3)~~(2)(c) of	13019
section 2929.19 of the Revised Code and failed to notify the	13020
offender pursuant to that division that the offender will be	13021
supervised under section 2967.28 of the Revised Code after the	13022
offender leaves prison or to include a statement to that effect in	13023
the judgment of conviction entered on the journal or in the	13024
sentence pursuant to division ~~(F)~~(D)(1) of section 2929.14 of the	13025
Revised Code, at any time before the offender is released from	13026
imprisonment under that term and at a hearing conducted in	13027
accordance with division (C) of this section, the court may	13028
prepare and issue a correction to the judgment of conviction that	13029
includes in the judgment of conviction the statement that the	13030
offender will be supervised under section 2967.28 of the Revised	13031
Code after the offender leaves prison.	13032

If, prior to ~~the effective date of this section~~July 11,	13033
2006, a court imposed a sentence including a prison term of a type	13034
described in division (B)~~(3)~~(2)(d) of section 2929.19 of the	13035
Revised Code and failed to notify the offender pursuant to that	13036
division that the offender may be supervised under section 2967.28	13037
of the Revised Code after the offender leaves prison or to include	13038
a statement to that effect in the judgment of conviction entered	13039
on the journal or in the sentence pursuant to division ~~(F)~~(D)(2)	13040
of section 2929.14 of the Revised Code, at any time before the	13041
offender is released from imprisonment under that term and at a	13042
hearing conducted in accordance with division (C) of this section,	13043
the court may prepare and issue a correction to the judgment of	13044
conviction that includes in the judgment of conviction the	13045
statement that the offender may be supervised under section	13046
2967.28 of the Revised Code after the offender leaves prison.	13047

(2) If a court prepares and issues a correction to a judgment	13048
of conviction as described in division (A)(1) of this section	13049
before the offender is released from imprisonment under the prison	13050
term the court imposed prior to ~~the effective date of this section~~	13051
July 11, 2006, the court shall place upon the journal of the court	13052
an entry nunc pro tunc to record the correction to the judgment of	13053
conviction and shall provide a copy of the entry to the offender	13054
or, if the offender is not physically present at the hearing,	13055
shall send a copy of the entry to the department of rehabilitation	13056
and correction for delivery to the offender. If the court sends a	13057
copy of the entry to the department, the department promptly shall	13058
deliver a copy of the entry to the offender. The court's placement	13059
upon the journal of the entry nunc pro tunc before the offender is	13060
released from imprisonment under the term shall be considered, and	13061
shall have the same effect, as if the court at the time of	13062
original sentencing had included the statement in the sentence and	13063
the judgment of conviction entered on the journal and had notified	13064
the offender that the offender will be so supervised regarding a	13065
sentence including a prison term of a type described in division	13066
(B)~~(3)~~(2)(c) of section 2929.19 of the Revised Code or that the	13067
offender may be so supervised regarding a sentence including a	13068
prison term of a type described in division (B)~~(3)~~(2)(d) of that	13069
section.	13070

(B)(1) If, prior to ~~the effective date of this section~~July	13071
11, 2006, a court imposed a sentence including a prison term and	13072
failed to notify the offender pursuant to division (B)~~(3)~~(2)(e) of	13073
section 2929.19 of the Revised Code regarding the possibility of	13074
the parole board imposing a prison term for a violation of	13075
supervision or a condition of post-release control or to include	13076
in the judgment of conviction entered on the journal a statement	13077
to that effect, at any time before the offender is released from	13078
imprisonment under that term and at a hearing conducted in	13079
accordance with division (C) of this section, the court may	13080
prepare and issue a correction to the judgment of conviction that	13081
includes in the judgment of conviction the statement that if a	13082
period of supervision is imposed following the offender's release	13083
from prison, as described in division (B)~~(3)~~(2)(c) or (d) of	13084
section 2929.19 of the Revised Code, and if the offender violates	13085
that supervision or a condition of post-release control imposed	13086
under division (B) of section 2967.131 of the Revised Code the	13087
parole board may impose as part of the sentence a prison term of	13088
up to one-half of the stated prison term originally imposed upon	13089
the offender.	13090

(2) If the court prepares and issues a correction to a	13091
judgment of conviction as described in division (B)(1) of this	13092
section before the offender is released from imprisonment under	13093
the term, the court shall place upon the journal of the court an	13094
entry nunc pro tunc to record the correction to the judgment of	13095
conviction and shall provide a copy of the entry to the offender	13096
or, if the offender is not physically present at the hearing,	13097
shall send a copy of the entry to the department of rehabilitation	13098
and correction for delivery to the offender. If the court sends a	13099
copy of the entry to the department, the department promptly shall	13100
deliver a copy of the entry to the offender. The court's placement	13101
upon the journal of the entry nunc pro tunc before the offender is	13102
released from imprisonment under the term shall be considered, and	13103
shall have the same effect, as if the court at the time of	13104
original sentencing had included the statement in the judgment of	13105
conviction entered on the journal and had notified the offender	13106
pursuant to division (B)~~(3)~~(2)(e) of section 2929.19 of the	13107
Revised Code regarding the possibility of the parole board	13108
imposing a prison term for a violation of supervision or a	13109
condition of post-release control.	13110

(C) On and after ~~the effective date of this section~~July 11,	13111
2006, a court that wishes to prepare and issue a correction to a	13112
judgment of conviction of a type described in division (A)(1) or	13113
(B)(1) of this section shall not issue the correction until after	13114
the court has conducted a hearing in accordance with this	13115
division. Before a court holds a hearing pursuant to this	13116
division, the court shall provide notice of the date, time, place,	13117
and purpose of the hearing to the offender who is the subject of	13118
the hearing, the prosecuting attorney of the county, and the	13119
department of rehabilitation and correction. The offender has the	13120
right to be physically present at the hearing, except that, upon	13121
the court's own motion or the motion of the offender or the	13122
prosecuting attorney, the court may permit the offender to appear	13123
at the hearing by video conferencing equipment if available and	13124
compatible. An appearance by video conferencing equipment pursuant	13125
to this division has the same force and effect as if the offender	13126
were physically present at the hearing. At the hearing, the	13127
offender and the prosecuting attorney may make a statement as to	13128
whether the court should issue a correction to the judgment of	13129
conviction.	13130

Sec. 2929.20. (A) As used in this section:

13131

(1)(a) Except as provided in division (A)(1)(b) of this	13132
section, "eligible offender" means any person who, on or after	13133
April 7, 2009, is serving a stated prison term ~~of ten years or~~	13134
~~less when either of the following applies:~~	13135

~~(i) The stated prison term does not include a mandatory~~	13136
~~prison term.~~	13137

~~(ii) The stated prison term includes a mandatory prison term,~~	13138
~~and the person has served the mandatory prison term~~that includes	13139
one or more nonmandatory prison terms.	13140

(b) "Eligible offender" does not include any person who, on	13141
or after April 7, 2009, is serving a stated prison term for any of	13142
the following criminal offenses that was a felony and was	13143
committed while the person held a public office in this state:	13144

(i) A violation of section 2921.02, 2921.03, 2921.05,	13145
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	13146
Code;	13147

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	13148
2921.12 of the Revised Code, when the conduct constituting the	13149
violation was related to the duties of the offender's public	13150
office or to the offender's actions as a public official holding	13151
that public office;	13152

(iii) A violation of an existing or former municipal	13153
ordinance or law of this or any other state or the United States	13154
that is substantially equivalent to any violation listed in	13155
division (A)(1)(b)(i) of this section;	13156

(iv) A violation of an existing or former municipal ordinance	13157
or law of this or any other state or the United States that is	13158
substantially equivalent to any violation listed in division	13159
(A)(1)(b)(ii) of this section, when the conduct constituting the	13160
violation was related to the duties of the offender's public	13161
office or to the offender's actions as a public official holding	13162
that public office;	13163

(v) A conspiracy to commit, attempt to commit, or complicity	13164
in committing any offense listed in division (A)(1)(b)(i) or	13165
described in division (A)(1)(b)(iii) of this section;	13166

(vi) A conspiracy to commit, attempt to commit, or complicity	13167
in committing any offense listed in division (A)(1)(b)(ii) or	13168
described in division (A)(1)(b)(iv) of this section, if the	13169
conduct constituting the offense that was the subject of the	13170
conspiracy, that would have constituted the offense attempted, or	13171
constituting the offense in which the offender was complicit was	13172
or would have been related to the duties of the offender's public	13173
office or to the offender's actions as a public official holding	13174
that public office.	13175

(2) "Nonmandatory prison term" means a prison term that is	13176
not a mandatory prison term.	13177

(3) "Public office" means any elected federal, state, or	13178
local government office in this state.	13179

(B) On the motion of an eligible offender or upon its own	13180
motion, the sentencing court may reduce the eligible offender's	13181
~~stated~~aggregated nonmandatory prison term or terms through a	13182
judicial release under this section.	13183

(C) An eligible offender may file a motion for judicial	13184
release with the sentencing court within the following applicable	13185
periods:	13186

(1) If the ~~stated~~aggregated nonmandatory prison term or	13187
terms is less than two years, the eligible offender may file the	13188
motion not earlier than thirty days after the offender is	13189
delivered to a state correctional institution or, if the prison	13190
term includes a mandatory prison term or terms, not earlier than	13191
thirty days after the expiration of all mandatory prison terms.	13192

(2) If the ~~stated~~aggregated nonmandatory prison term or	13193
terms is at least two years but less than five years, the eligible	13194
offender may file the motion not earlier than one hundred eighty	13195
days after the offender is delivered to a state correctional	13196
institution or, if the prison term includes a mandatory prison	13197
term or terms, not earlier than one hundred eighty days after the	13198
expiration of all mandatory prison terms.	13199

(3) If the aggregated nonmandatory prison term or terms is	13200
five years, the eligible offender may file the motion not earlier	13201
than four years after the eligible offender is delivered to a	13202
state correctional institution or, if the prison term includes a	13203
mandatory prison term or terms, not earlier than four years after	13204
the expiration of all mandatory prison terms.	13205

(4) If the ~~stated~~aggregated nonmandatory prison term or	13206
terms is more than five years ~~or more~~ but not more than ten years,	13207
the eligible offender may file the motion not earlier than five	13208
years after the eligible offender is delivered to a state	13209
correctional institution or, if the prison term includes a	13210
mandatory prison term or terms, not earlier than five years after	13211
the expiration of all mandatory prison terms.	13212

(5) If the aggregated nonmandatory prison term or terms is	13213
more than ten years, the eligible offender may file the motion not	13214
earlier than the later of the date on which the offender has	13215
served one-half of the offender's stated prison term or the date	13216
specified in division (C)(4) of this section.	13217

(D) Upon receipt of a timely motion for judicial release	13218
filed by an eligible offender under division (C) of this section	13219
or upon the sentencing court's own motion made within the	13220
appropriate time specified in that division, the court may deny	13221
the motion without a hearing or schedule a hearing on the motion.	13222
The court shall not grant the motion without a hearing. If a court	13223
denies a motion without a hearing, the court later may consider	13224
judicial release for that eligible offender on a subsequent motion	13225
filed by that eligible offender unless the court denies the motion	13226
with prejudice. If a court denies a motion with prejudice, the	13227
court may later consider judicial release on its own motion. If a	13228
court denies a motion after a hearing, the court shall not	13229
consider a subsequent motion for that eligible offender. The court	13230
shall hold only one hearing for any eligible offender.	13231

A hearing under this section shall be conducted in open court	13232
within sixty days after the motion is filed, provided that the	13233
court may delay the hearing for one hundred eighty additional	13234
days. If the court holds a hearing, the court shall enter a ruling	13235
on the motion within ten days after the hearing. If the court	13236
denies the motion without a hearing, the court shall enter its	13237
ruling on the motion within sixty days after the motion is filed.	13238

(E) If a court schedules a hearing under division (D) of this	13239
section, the court shall notify the eligible offender and the head	13240
of the state correctional institution in which the eligible	13241
offender is confined prior to the hearing. The head of the state	13242
correctional institution immediately shall notify the appropriate	13243
person at the department of rehabilitation and correction of the	13244
hearing, and the department within twenty-four hours after receipt	13245
of the notice, shall post on the database it maintains pursuant to	13246
section 5120.66 of the Revised Code the offender's name and all of	13247
the information specified in division (A)(1)(c)(i) of that	13248
section. If the court schedules a hearing for judicial release,	13249
the court promptly shall give notice of the hearing to the	13250
prosecuting attorney of the county in which the eligible offender	13251
was indicted. Upon receipt of the notice from the court, the	13252
prosecuting attorney shall notify the victim of the offense or the	13253
victim's representative pursuant to section 2930.16 of the Revised	13254
Code.	13255

(F) Upon an offender's successful completion of	13256
rehabilitative activities, the head of the state correctional	13257
institution may notify the sentencing court of the successful	13258
completion of the activities.	13259

(G) Prior to the date of the hearing on a motion for judicial	13260
release under this section, the head of the state correctional	13261
institution in which the eligible offender is confined shall send	13262
to the court a report on the eligible offender's conduct in the	13263
institution and in any institution from which the eligible	13264
offender may have been transferred. The report shall cover the	13265
eligible offender's participation in school, vocational training,	13266
work, treatment, and other rehabilitative activities and any	13267
disciplinary action taken against the eligible offender. The	13268
report shall be made part of the record of the hearing.	13269

(H) If the court grants a hearing on a motion for judicial	13270
release under this section, the eligible offender shall attend the	13271
hearing if ordered to do so by the court. Upon receipt of a copy	13272
of the journal entry containing the order, the head of the state	13273
correctional institution in which the eligible offender is	13274
incarcerated shall deliver the eligible offender to the sheriff of	13275
the county in which the hearing is to be held. The sheriff shall	13276
convey the eligible offender to and from the hearing.	13277

(I) At the hearing on a motion for judicial release under	13278
this section, the court shall afford the eligible offender and the	13279
eligible offender's attorney an opportunity to present written	13280
and, if present, oral information relevant to the motion. The	13281
court shall afford a similar opportunity to the prosecuting	13282
attorney, the victim or the victim's representative, as defined in	13283
section 2930.01 of the Revised Code, and any other person the	13284
court determines is likely to present additional relevant	13285
information. The court shall consider any statement of a victim	13286
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	13287
any victim impact statement prepared pursuant to section 2947.051	13288
of the Revised Code, and any report made under division (G) of	13289
this section. The court may consider any written statement of any	13290
person submitted to the court pursuant to division (L) of this	13291
section. After ruling on the motion, the court shall notify the	13292
victim of the ruling in accordance with sections 2930.03 and	13293
2930.16 of the Revised Code.	13294

(J)(1) A court shall not grant a judicial release under this	13295
section to an eligible offender who is imprisoned for a felony of	13296
the first or second degree, or to an eligible offender who	13297
committed an offense under Chapter 2925. or 3719. of the Revised	13298
Code and for whom there was a presumption under section 2929.13 of	13299
the Revised Code in favor of a prison term, unless the court, with	13300
reference to factors under section 2929.12 of the Revised Code,	13301
finds both of the following:	13302

(a) That a sanction other than a prison term would adequately	13303
punish the offender and protect the public from future criminal	13304
violations by the eligible offender because the applicable factors	13305
indicating a lesser likelihood of recidivism outweigh the	13306
applicable factors indicating a greater likelihood of recidivism;	13307

(b) That a sanction other than a prison term would not demean	13308
the seriousness of the offense because factors indicating that the	13309
eligible offender's conduct in committing the offense was less	13310
serious than conduct normally constituting the offense outweigh	13311
factors indicating that the eligible offender's conduct was more	13312
serious than conduct normally constituting the offense.	13313

(2) A court that grants a judicial release to an eligible	13314
offender under division (J)(1) of this section shall specify on	13315
the record both findings required in that division and also shall	13316
list all the factors described in that division that were	13317
presented at the hearing.	13318

(K) If the court grants a motion for judicial release under	13319
this section, the court shall order the release of the eligible	13320
offender, shall place the eligible offender under an appropriate	13321
community control sanction, under appropriate conditions, and	13322
under the supervision of the department of probation serving the	13323
court and shall reserve the right to reimpose the sentence that it	13324
reduced if the offender violates the sanction. If the court	13325
reimposes the reduced sentence, it may do so either concurrently	13326
with, or consecutive to, any new sentence imposed upon the	13327
eligible offender as a result of the violation that is a new	13328
offense. The period of community control shall be no longer than	13329
five years. The court, in its discretion, may reduce the period of	13330
community control by the amount of time the eligible offender	13331
spent in jail or prison for the offense and in prison. If the	13332
court made any findings pursuant to division (J)(1) of this	13333
section, the court shall serve a copy of the findings upon counsel	13334
for the parties within fifteen days after the date on which the	13335
court grants the motion for judicial release.	13336

If the court grants a motion for judicial release, the court	13337
shall notify the appropriate person at the department of	13338
rehabilitation and correction, and the department shall post	13339
notice of the release on the database it maintains pursuant to	13340
section 5120.66 of the Revised Code.	13341

(L) In addition to and independent of the right of a victim	13342
to make a statement pursuant to section 2930.14, 2930.17, or	13343
2946.051 of the Revised Code and any right of a person to present	13344
written information or make a statement pursuant to division (I)	13345
of this section, any person may submit to the court, at any time	13346
prior to the hearing on the offender's motion for judicial	13347
release, a written statement concerning the effects of the	13348
offender's crime or crimes, the circumstances surrounding the	13349
crime or crimes, the manner in which the crime or crimes were	13350
perpetrated, and the person's opinion as to whether the offender	13351
should be released.	13352

(M) The changes to this section that are made on the	13353
effective date of this division apply to any judicial release	13354
decision made on or after the effective date of this division for	13355
any eligible offender.	13356

Sec. 2929.26. (A) Except when a mandatory jail term is	13357
required by law, the court imposing a sentence for a misdemeanor,	13358
other than a minor misdemeanor, may impose upon the offender any	13359
community residential sanction or combination of community	13360
residential sanctions under this section. Community residential	13361
sanctions include, but are not limited to, the following:	13362

(1) A term of up to one hundred eighty days in a halfway	13363
house or a term in a halfway house not to exceed the longest jail	13364
term available for the offense, whichever is shorter, if the	13365
political subdivision that would have responsibility for paying	13366
the costs of confining the offender in a jail has entered into a	13367
contract with the halfway house for use of the facility for	13368
misdemeanor offenders;	13369

(2) A term of up to one hundred eighty days in an alternative	13370
residential facility or a term in an alternative residential	13371
facility not to exceed the longest jail term available for the	13372
offense, whichever is shorter. The court may specify the level of	13373
security in the alternative residential facility that is needed	13374
for the offender.	13375

(3) If the offender is an eligible offender, as defined in	13376
section 307.932 of the Revised Code, a term of up to sixty days in	13377
a community alternative sentencing center or district community	13378
alternative sentencing center established and operated in	13379
accordance with that section, in the circumstances specified in	13380
that section, with one of the conditions of the sanction being	13381
that the offender complete in the center the entire term imposed.	13382

(B) ~~The~~A sentence to a community residential sanction under	13383
division (A)(3) of this section shall be in accordance with	13384
section 307.932 of the Revised Code. In all other cases, the court	13385
that sentences an offender to a community residential sanction	13386
under this section may do either or both of the following:	13387

(1) Permit the offender to serve the offender's sentence in	13388
intermittent confinement, overnight, on weekends or at any other	13389
time or times that will allow the offender to continue at the	13390
offender's occupation or care for the offender's family;	13391

(2) Authorize the offender to be released so that the	13392
offender may seek or maintain employment, receive education or	13393
training, receive treatment, perform community service, or	13394
otherwise fulfill an obligation imposed by law or by the court. A	13395
release pursuant to this division shall be only for the duration	13396
of time that is needed to fulfill the purpose of the release and	13397
for travel that reasonably is necessary to fulfill the purposes of	13398
the release.	13399

(C) The court may order that a reasonable portion of the	13400
income earned by the offender upon a release pursuant to division	13401
(B) of this section be applied to any financial sanction imposed	13402
under section 2929.28 of the Revised Code.	13403

(D) No court shall sentence any person to a prison term for a	13404
misdemeanor or minor misdemeanor or to a jail term for a minor	13405
misdemeanor.	13406

(E) If a court sentences a person who has been convicted of	13407
or pleaded guilty to a misdemeanor to a community residential	13408
sanction as described in division (A) of this section, at the time	13409
of reception and at other times the person in charge of the	13410
operation of the halfway house, alternative residential facility,	13411
community alternative sentencing center, district community	13412
alternative sentencing center, or other place at which the	13413
offender will serve the residential sanction determines to be	13414
appropriate, the person in charge of the operation of the halfway	13415
house, alternative residential facility, community alternative	13416
sentencing center, district community alternative sentencing	13417
center, or other place may cause the convicted offender to be	13418
examined and tested for tuberculosis, HIV infection, hepatitis,	13419
including, but not limited to, hepatitis A, B, and C, and other	13420
contagious diseases. The person in charge of the operation of the	13421
halfway house, alternative residential facility, community	13422
alternative sentencing center, district community alternative	13423
sentencing center, or other place at which the offender will serve	13424
the residential sanction may cause a convicted offender in the	13425
halfway house, alternative residential facility, community	13426
alternative sentencing center, district community alternative	13427
sentencing center, or other place who refuses to be tested or	13428
treated for tuberculosis, HIV infection, hepatitis, including, but	13429
not limited to, hepatitis A, B, and C, or another contagious	13430
disease to be tested and treated involuntarily.	13431

(F) A political subdivision may enter into a contract with a	13432
halfway house for use of the halfway house to house misdemeanor	13433
offenders under a sanction imposed under division (A)(1) of this	13434
section.	13435

Sec. 2929.34. (A) A person who is convicted of or pleads	13436
guilty to aggravated murder, murder, or an offense punishable by	13437
life imprisonment and who is sentenced to a term of life	13438
imprisonment or a prison term pursuant to that conviction shall	13439
serve that term in an institution under the control of the	13440
department of rehabilitation and correction.	13441

(B)(1) A person who is convicted of or pleads guilty to a	13442
felony other than aggravated murder, murder, or an offense	13443
punishable by life imprisonment and who is sentenced to a term of	13444
imprisonment or a prison term pursuant to that conviction shall	13445
serve that term as follows:	13446

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	13447
section, in an institution under the control of the department of	13448
rehabilitation and correction if the term is a prison term or as	13449
otherwise determined by the sentencing court pursuant to section	13450
2929.16 of the Revised Code if the term is not a prison term;	13451

(b) In a facility of a type described in division (G)(1) of	13452
section 2929.13 of the Revised Code, if the offender is sentenced	13453
pursuant to that division.	13454

(2) If the term is a prison term, the person may be	13455
imprisoned in a jail that is not a minimum security jail pursuant	13456
to agreement under section 5120.161 of the Revised Code between	13457
the department of rehabilitation and correction and the local	13458
authority that operates the jail.	13459

(C) A person who is convicted of or pleads guilty to one or	13460
more misdemeanors and who is sentenced to a jail term or term of	13461
imprisonment pursuant to the conviction or convictions shall serve	13462
that term in a county, multicounty, municipal, municipal-county,	13463
or multicounty-municipal jail or workhouse; in a community	13464
alternative sentencing center or district community alternative	13465
sentencing center when authorized by section 307.932 of the	13466
Revised Code; or, if the misdemeanor or misdemeanors are not	13467
offenses of violence, in a minimum security jail.	13468

(D) Nothing in this section prohibits the commitment,	13469
referral, or sentencing of a person who is convicted of or pleads	13470
guilty to a felony to a community-based correctional facility.	13471

Sec. 2929.41. (A) ~~Except as provided in division (B) of this~~	13472
~~section, division (E) of section 2929.14, or division (D) or (E)~~	13473
~~of section 2971.03 of the Revised Code, a prison term, jail term,~~	13474
~~or sentence of imprisonment shall be served concurrently with any~~	13475
~~other prison term, jail term, or sentence of imprisonment imposed~~	13476
~~by a court of this state, another state, or the United States.~~	13477
~~Except as provided in division (B)(3) of this section, a jail term~~	13478
~~or sentence of imprisonment for misdemeanor shall be served~~	13479
~~concurrently with a prison term or sentence of imprisonment for~~	13480
~~felony served in a state or federal correctional institution.~~	13481
Except as provided in division (B) of this section, division (E)	13482
of section 2929.14, or division (D) or (E) of section 2971.03 of	13483
the Revised Code, a prison term, jail term, or sentence of	13484
imprisonment shall be served concurrently with any other prison	13485
term, jail term, or sentence of imprisonment imposed by a court of	13486
this state, another state, or the United States. Except as	13487
provided in division (B)(3) of this section, a jail term or	13488
sentence of imprisonment for misdemeanor shall be served	13489
concurrently with a prison term or sentence of imprisonment for	13490
felony served in a state or federal correctional institution.	13491

(B)(1) A jail term or sentence of imprisonment for a	13492
misdemeanor shall be served consecutively to any other prison	13493
term, jail term, or sentence of imprisonment when the trial court	13494
specifies that it is to be served consecutively or when it is	13495
imposed for a misdemeanor violation of section 2907.322, 2921.34,	13496
or 2923.131 of the Revised Code.	13497

When consecutive sentences are imposed for misdemeanor under	13498
this division, the term to be served is the aggregate of the	13499
consecutive terms imposed, except that the aggregate term to be	13500
served shall not exceed eighteen months.	13501

(2) If a court of this state imposes a prison term upon the	13502
offender for the commission of a felony and a court of another	13503
state or the United States also has imposed a prison term upon the	13504
offender for the commission of a felony, the court of this state	13505
may order that the offender serve the prison term it imposes	13506
consecutively to any prison term imposed upon the offender by the	13507
court of another state or the United States.	13508

(3) A jail term or sentence of imprisonment imposed for a	13509
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	13510
4510.21, or 4511.19 of the Revised Code shall be served	13511
consecutively to a prison term that is imposed for a felony	13512
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	13513
Revised Code or a felony violation of section 2903.04 of the	13514
Revised Code involving the operation of a motor vehicle by the	13515
offender and that is served in a state correctional institution	13516
when the trial court specifies that it is to be served	13517
consecutively.	13518

When consecutive jail terms or sentences of imprisonment and	13519
prison terms are imposed for one or more misdemeanors and one or	13520
more felonies under this division, the term to be served is the	13521
aggregate of the consecutive terms imposed, and the offender shall	13522
serve all terms imposed for a felony before serving any term	13523
imposed for a misdemeanor.	13524

Sec. 2930.12. At the request of the victim in a criminal	13525
prosecution, the prosecutor shall give the victim notice of the	13526
defendant's acquittal or conviction. At the request of the victim	13527
in a delinquency proceeding, the prosecutor shall give the victim	13528
notice of the dismissal of the complaint against the alleged	13529
juvenile offender or of the adjudication of the alleged juvenile	13530
offender as a delinquent child, except that, if the juvenile court	13531
dismisses the complaint against the alleged juvenile offender or	13532
adjudicates the alleged juvenile offender a delinquent child prior	13533
to the prosecutor's involvement in the case, at the request of the	13534
victim, the court or a court employee shall give the victim notice	13535
of the dismissal or of the adjudication. If the defendant or	13536
alleged juvenile offender is convicted or is adjudicated a	13537
delinquent child, the notice shall include all of the following:	13538

(A) The crimes or specified delinquent acts of which the	13539
defendant was convicted or for which the alleged juvenile offender	13540
was adjudicated a delinquent child;	13541

(B) The address and telephone number of the probation office	13542
or other person, if any, that is to prepare a presentence	13543
investigation report pursuant to section 2951.03 of the Revised	13544
Code or Criminal Rule 32.2, the address and telephone number of	13545
the person, if any, who is to prepare a disposition investigation	13546
report pursuant to division (C)(1) of section 2152.18 of the	13547
Revised Code, and the address and telephone number of the person,	13548
if any, who is to prepare a victim impact statement pursuant to	13549
division (D)(1) of section 2152.19 or section 2947.051 of the	13550
Revised Code;	13551

(C) Notice that the victim may make a statement about the	13552
impact of the crime or specified delinquent act to the probation	13553
officer or other person, if any, who prepares the presentence	13554
investigation report or to the person, if any, who prepares a	13555
victim impact statement, that a statement of the victim included	13556
in the report will be made available to the defendant or alleged	13557
juvenile offender unless the court exempts it from disclosure, and	13558
that the court may make the victim impact statement available to	13559
the defendant or alleged juvenile offender;	13560

(D) Notice of the victim's right under section 2930.14 of the	13561
Revised Code to make a statement about the impact of the crime or	13562
specified delinquent act before sentencing or disposition;	13563

(E) The date, time, and place of the sentencing hearing or	13564
dispositional hearing;	13565

(F) One of the following:

13566

(1) Any sentence imposed upon the defendant and any	13567
subsequent modification of that sentence, including modification	13568
under section 2929.20 or 5120.036 of the Revised Code or as a	13569
result of the defendant's appeal of the sentence pursuant to	13570
section 2953.08 of the Revised Code;	13571

(2) Any disposition ordered for the defendant and any	13572
subsequent modification of that disposition, including judicial	13573
release or early release in accordance with section 2151.38 of the	13574
Revised Code.	13575

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	13576
in a case who has requested to receive notice under this section	13577
shall be given notice of the incarceration of the defendant. If an	13578
alleged juvenile offender is committed to the temporary custody of	13579
a school, camp, institution, or other facility operated for the	13580
care of delinquent children or to the legal custody of the	13581
department of youth services, a victim in a case who has requested	13582
to receive notice under this section shall be given notice of the	13583
commitment. Promptly after sentence is imposed upon the defendant	13584
or the commitment of the alleged juvenile offender is ordered, the	13585
prosecutor in the case shall notify the victim of the date on	13586
which the defendant will be released from confinement or the	13587
prosecutor's reasonable estimate of that date or the date on which	13588
the alleged juvenile offender will have served the minimum period	13589
of commitment or the prosecutor's reasonable estimate of that	13590
date. The prosecutor also shall notify the victim of the name of	13591
the custodial agency of the defendant or alleged juvenile offender	13592
and tell the victim how to contact that custodial agency. If the	13593
custodial agency is the department of rehabilitation and	13594
correction, the prosecutor shall notify the victim of the services	13595
offered by the office of victims' services pursuant to section	13596
5120.60 of the Revised Code. If the custodial agency is the	13597
department of youth services, the prosecutor shall notify the	13598
victim of the services provided by the office of victims' services	13599
within the release authority of the department pursuant to section	13600
5139.55 of the Revised Code and the victim's right pursuant to	13601
section 5139.56 of the Revised Code to submit a written request to	13602
the release authority to be notified of actions the release	13603
authority takes with respect to the alleged juvenile offender. The	13604
victim shall keep the custodial agency informed of the victim's	13605
current address and telephone number.	13606

(B)(1) Upon the victim's request, the prosecutor promptly	13607
shall notify the victim of any hearing for judicial release of the	13608
defendant pursuant to section 2929.20 of the Revised Code, of any	13609
hearing for release of the defendant pursuant to section 2967.19	13610
of the Revised Code, or of any hearing for judicial release or	13611
early release of the alleged juvenile offender pursuant to section	13612
2151.38 of the Revised Code and of the victim's right to make a	13613
statement under those sections. The court shall notify the victim	13614
of its ruling in each of those hearings and on each of those	13615
applications.	13616

(2) If an offender is sentenced to a prison term pursuant to	13617
division (A)(3) or (B) of section 2971.03 of the Revised Code,	13618
upon the request of the victim of the crime, the prosecutor	13619
promptly shall notify the victim of any hearing to be conducted	13620
pursuant to section 2971.05 of the Revised Code to determine	13621
whether to modify the requirement that the offender serve the	13622
entire prison term in a state correctional facility in accordance	13623
with division (C) of that section, whether to continue, revise, or	13624
revoke any existing modification of that requirement, or whether	13625
to terminate the prison term in accordance with division (D) of	13626
that section. The court shall notify the victim of any order	13627
issued at the conclusion of the hearing.	13628

(C) Upon the victim's request made at any time before the	13629
particular notice would be due, the custodial agency of a	13630
defendant or alleged juvenile offender shall give the victim any	13631
of the following notices that is applicable:	13632

(1) At least three weeks before the adult parole authority	13633
recommends a pardon or commutation of sentence for the defendant	13634
or at least three weeks prior to a hearing before the adult parole	13635
authority regarding a grant of parole to the defendant, notice of	13636
the victim's right to submit a statement regarding the impact of	13637
the defendant's release in accordance with section 2967.12 of the	13638
Revised Code and, if applicable, of the victim's right to appear	13639
at a full board hearing of the parole board to give testimony as	13640
authorized by section 5149.101 of the Revised Code;	13641

(2) At least three weeks before the defendant is transferred	13642
to transitional control under section 2967.26 of the Revised Code,	13643
notice of the pendency of the transfer and of the victim's right	13644
under that section to submit a statement regarding the impact of	13645
the transfer;	13646

(3) At least thirty days before the release authority of the	13647
department of youth services holds a release review, release	13648
hearing, or discharge review for the alleged juvenile offender,	13649
notice of the pendency of the review or hearing, of the victim's	13650
right to make an oral or written statement regarding the impact of	13651
the crime upon the victim or regarding the possible release or	13652
discharge, and, if the notice pertains to a hearing, of the	13653
victim's right to attend and make statements or comments at the	13654
hearing as authorized by section 5139.56 of the Revised Code;	13655

(4) Prompt notice of the defendant's or alleged juvenile	13656
offender's escape from a facility of the custodial agency in which	13657
the defendant was incarcerated or in which the alleged juvenile	13658
offender was placed after commitment, of the defendant's or	13659
alleged juvenile offender's absence without leave from a mental	13660
health or mental retardation and developmental disabilities	13661
facility or from other custody, and of the capture of the	13662
defendant or alleged juvenile offender after an escape or absence;	13663

(5) Notice of the defendant's or alleged juvenile offender's	13664
death while in confinement or custody;	13665

(6) Notice of the defendant's or alleged juvenile offender's	13666
release from confinement or custody and the terms and conditions	13667
of the release.	13668

Sec. 2930.17. (A) In determining whether to grant a judicial	13669
release to a defendant from a prison term pursuant to section	13670
2929.20 of the Revised Code at a time before the defendant's	13671
stated prison term expires, in determining whether to grant a	13672
release to an offender from a prison term pursuant to section	13673
2967.19 of the Revised Code at a time before the offender's stated	13674
prison term expires, or in determining whether to grant a judicial	13675
release or early release to an alleged juvenile offender from a	13676
commitment to the department of youth services pursuant to section	13677
2151.38 of the Revised Code, the court shall permit a victim of a	13678
crime or specified delinquent act for which the defendant or	13679
alleged juvenile offender was incarcerated or committed to make a	13680
statement, in addition to any other statement made under this	13681
chapter, concerning the effects of that crime or specified	13682
delinquent act on the victim, the circumstances surrounding the	13683
crime or specified delinquent act, the manner in which the crime	13684
or specified delinquent act was perpetrated, and the victim's	13685
opinion whether the defendant or alleged juvenile offender should	13686
be released. The victim may make the statement in writing or	13687
orally, at the court's discretion. The court shall give the	13688
defendant or alleged juvenile offender and either the adult parole	13689
authority or the department of youth services, whichever is	13690
applicable, a copy of any written impact statement made by the	13691
victim under this division.	13692

(B) In deciding whether to grant a judicial release or early	13693
release to the defendant or alleged juvenile offender, the court	13694
shall consider a statement made by the victim under division (A)	13695
of this section or section 2930.14 or 2947.051 of the Revised	13696
Code.	13697

Sec. 2935.041. (A) A merchant, or an employee or agent of a	13698
merchant, who has probable cause to believe that items offered for	13699
sale by a mercantile establishment have been unlawfully taken by a	13700
person, may, for the purposes set forth in division (C) of this	13701
section, detain the person in a reasonable manner for a reasonable	13702
length of time within the mercantile establishment or its	13703
immediate vicinity.	13704

(B) Any officer, employee, or agent of a library, museum, or	13705
archival institution may, for the purposes set forth in division	13706
(C) of this section or for the purpose of conducting a reasonable	13707
investigation of a belief that the person has acted in a manner	13708
described in divisions (B)(1) and (2) of this section, detain a	13709
person in a reasonable manner for a reasonable length of time	13710
within, or in the immediate vicinity of, the library, museum, or	13711
archival institution, if the officer, employee, or agent has	13712
probable cause to believe that the person has either:	13713

(1) Without privilege to do so, knowingly moved, defaced,	13714
damaged, destroyed, or otherwise improperly ~~tempered~~tampered with	13715
property owned by or in the custody of the library, museum, or	13716
archival institution; or	13717

(2) With purpose to deprive the library, museum, or archival	13718
institution of property owned by it or in its custody, knowingly	13719
obtained or exerted control over the property without the consent	13720
of the owner or person authorized to give consent, beyond the	13721
scope of the express or implied consent of the owner or person	13722
authorized to give consent, by deception, or by threat.	13723

(C) An officer, agent, or employee of a library, museum, or	13724
archival institution pursuant to division (B) of this section or a	13725
merchant or employee or agent of a merchant pursuant to division	13726
(A) of this section may detain another person for any of the	13727
following purposes:	13728

(1) To recover the property that is the subject of the	13729
unlawful taking, criminal mischief, or theft;	13730

(2) To cause an arrest to be made by a peace officer;

13731

(3) To obtain a warrant of arrest;

13732

(4) To offer the person, if the person is suspected of the	13733
unlawful taking, criminal mischief, or theft and notwithstanding	13734
any other provision of the Revised Code, an opportunity to	13735
complete a pretrial diversion program and to inform the person of	13736
the other legal remedies available to the library, museum,	13737
archival institution, or merchant.	13738

(D) The owner or lessee of a facility in which a motion	13739
picture is being shown, or the owner's or lessee's employee or	13740
agent, who has probable cause to believe that a person is or has	13741
been operating an audiovisual recording function of a device in	13742
violation of section 2913.07 of the Revised Code may, for the	13743
purpose of causing an arrest to be made by a peace officer or of	13744
obtaining an arrest warrant, detain the person in a reasonable	13745
manner for a reasonable length of time within the facility or its	13746
immediate vicinity.	13747

(E) The officer, agent, or employee of the library, museum,	13748
or archival institution, the merchant or employee or agent of a	13749
merchant, or the owner, lessee, employee, or agent of the facility	13750
acting under division (A), (B), or (D) of this section shall not	13751
search the person detained, search or seize any property belonging	13752
to the person detained without the person's consent, or use undue	13753
restraint upon the person detained.	13754

(F) Any peace officer may arrest without a warrant any person	13755
that the officer has probable cause to believe has committed any	13756
act described in division (B)(1) or (2) of this section, that the	13757
officer has probable cause to believe has committed an unlawful	13758
taking in a mercantile establishment, or that the officer has	13759
reasonable cause to believe has committed an act prohibited by	13760
section 2913.07 of the Revised Code. An arrest under this division	13761
shall be made within a reasonable time after the commission of the	13762
act or unlawful taking.	13763

(G) As used in this section:

13764

(1) "Archival institution" means any public or private	13765
building, structure, or shelter in which are stored historical	13766
documents, devices, records, manuscripts, or items of public	13767
interest, which historical materials are stored to preserve the	13768
materials or the information in the materials, to disseminate the	13769
information contained in the materials, or to make the materials	13770
available for public inspection or for inspection by certain	13771
persons who have a particular interest in, use for, or knowledge	13772
concerning the materials.	13773

(2) "Museum" means any public or private nonprofit	13774
institution that is permanently organized for primarily	13775
educational or aesthetic purposes, owns or borrows objects or	13776
items of public interest, and cares for and exhibits to the public	13777
the objects or items.	13778

(3) "Audiovisual recording function" and "facility" have the	13779
same meaning as in section 2913.07 of the Revised Code.	13780

(4) "Pretrial diversion program" means a rehabilitative,	13781
educational program designed to reduce recidivism and promote	13782
personal responsibility that is at least four hours in length and	13783
that has been approved by any court in this state.	13784

Sec. 2937.36. Upon declaration of forfeiture, the magistrate	13785
or clerk of the court adjudging forfeiture shall proceed as	13786
follows:	13787

(A) As to each bail, hethe magistrate or clerk shall proceed	13788
forthwith to deal with the sum deposited as if the same were	13789
imposed as a fine for the offense charged and distribute and	13790
account for the same accordingly provided that prior to so doing,	13791
hethe magistrate or clerk may satisfy accrued costs in the case	13792
out of the fund.	13793

(B) As to any securities deposited, hethe magistrate or	13794
clerk shall proceed to sell the same, either at public sale	13795
advertised in the same manner as sale on chattel execution, or	13796
through any state or national bank performing such service upon	13797
the over the counter securities market and shall apply proceeds of	13798
sale, less costs or brokerage thereof as in cases of forfeited	13799
cash bail. Prior to such sale, the clerk shall give notices by	13800
ordinary mail to the depositor, at ~~his~~the depositor's address	13801
listed of record, if any, of ~~his~~the intention so to do, and such	13802
sale shall not proceed if the depositor, within ten days of	13803
mailing of such notice appears, and redeems said securities by	13804
either producing the body of the defendant in open court or	13805
posting the amount set in the recognizance in cash, to be dealt	13806
with as forfeited cash bail.	13807

(C) As to recognizances hethe magistrate or clerk shall	13808
notify the accused and each surety within fifteen days after the	13809
declaration of the forfeiture by ordinary mail at the address	13810
shown by them in their affidavits of qualification or on the	13811
record of the case, of the default of the accused and the	13812
adjudication of forfeiture and require each of them to show cause	13813
on or before a date certain to be stated in the notice, and which	13814
shall be not less than ~~twenty~~forty-five nor more than ~~thirty~~	13815
sixty days from the date of mailing notice, why judgment should	13816
not be entered against each of them for the penalty stated in the	13817
recognizance. If good cause by production of the body of the	13818
accused or otherwise is not shown, the court or magistrate shall	13819
thereupon enter judgment against the sureties or either of them,	13820
so notified, in such amount, not exceeding the penalty of the	13821
bond, as has been set in the adjudication of forfeiture, and shall	13822
award execution therefor as in civil cases. The proceeds of sale	13823
shall be received by the clerk or magistrate and distributed as on	13824
forfeiture of cash bail.	13825

Sec. 2941.141. (A) Imposition of a one-year mandatory prison	13826
term upon an offender under division ~~(D)~~(B)(1)(a) of section	13827
2929.14 of the Revised Code is precluded unless the indictment,	13828
count in the indictment, or information charging the offense	13829
specifies that the offender had a firearm on or about the	13830
offender's person or under the offender's control while committing	13831
the offense. The specification shall be stated at the end of the	13832
body of the indictment, count, or information, and shall be in	13833
substantially the following form:	13834

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13835
Grand Jurors (or insert the person's or the prosecuting attorney's	13836
name when appropriate) further find and specify that (set forth	13837
that the offender had a firearm on or about the offender's person	13838
or under the offender's control while committing the offense.)"	13839

(B) Imposition of a one-year mandatory prison term upon an	13840
offender under division ~~(D)~~(B)(1)(a) of section 2929.14 of the	13841
Revised Code is precluded if a court imposes a three-year or	13842
six-year mandatory prison term on the offender under that division	13843
relative to the same felony.	13844

(C) The specification described in division (A) of this	13845
section may be used in a delinquent child proceeding in the manner	13846
and for the purpose described in section 2152.17 of the Revised	13847
Code.	13848

(D) As used in this section, "firearm" has the same meaning	13849
as in section 2923.11 of the Revised Code.	13850

Sec. 2941.142. (A) Imposition of a mandatory prison term of	13851
one, two, or three years pursuant to division ~~(I)~~(G) of section	13852
2929.14 of the Revised Code upon an offender who committed a	13853
felony that is an offense of violence while participating in a	13854
criminal gang is precluded unless the indictment, count in the	13855
indictment, or information charging the felony specifies that the	13856
offender committed the felony that is an offense of violence while	13857
participating in a criminal gang. The specification shall be	13858
stated at the end of the body of the indictment, count, or	13859
information, and shall be in substantially the following form:	13860

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13861
grand jurors (or insert the person's or the prosecuting attorney's	13862
name when appropriate) further find and specify that (set forth	13863
that the offender committed the felony that is an offense of	13864
violence while participating in a criminal gang.)"	13865

(B) The specification described in division (A) of this	13866
section may be used in a delinquent child proceeding in the manner	13867
and for the purpose described in section 2152.17 of the Revised	13868
Code.	13869

(C) As used in this section, "criminal gang" has the same	13870
meaning as in section 2923.41 of the Revised Code.	13871

Sec. 2941.143. Imposition of a sentence by a court pursuant	13872
to division ~~(J)~~(H) of section 2929.14 of the Revised Code is	13873
precluded unless the indictment, count in the indictment, or	13874
information charging aggravated murder, murder, or a felony of the	13875
first, second, or third degree that is an offense of violence	13876
specifies that the offender committed the offense in a school	13877
safety zone or towards a person in a school ~~safty~~safety zone. The	13878
specification shall be stated at the end of the body of the	13879
indictment, count, or information and shall be in substantially	13880
the following form:	13881

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13882
grand jurors (or insert the person's or the prosecuting attorney's	13883
name when appropriate) further find and specify that (set forth	13884
that the offender committed aggravated murder, murder, or the	13885
felony of the first, second, or third degree that is an offense of	13886
violence in a school safety zone or towards a person in a school	13887
safety zone)."	13888

Sec. 2941.144. (A) Imposition of a six-year mandatory prison	13889
term upon an offender under division ~~(D)~~(B)(1)(a) of section	13890
2929.14 of the Revised Code is precluded unless the indictment,	13891
count in the indictment, or information charging the offense	13892
specifies that the offender had a firearm that is an automatic	13893
firearm or that was equipped with a firearm muffler or silencer on	13894
or about the offender's person or under the offender's control	13895
while committing the offense. The specification shall be stated at	13896
the end of the body of the indictment, count, or information and	13897
shall be stated in substantially the following form:	13898

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13899
Grand Jurors (or insert the person's or the prosecuting attorney's	13900
name when appropriate) further find and specify that (set forth	13901
that the offender had a firearm that is an automatic firearm or	13902
that was equipped with a firearm muffler or silencer on or about	13903
the offender's person or under the offender's control while	13904
committing the offense)."	13905

(B) Imposition of a six-year mandatory prison term upon an	13906
offender under division ~~(D)~~(B)(1)(a) of section 2929.14 of the	13907
Revised Code is precluded if a court imposes a three-year or	13908
one-year mandatory prison term on the offender under that division	13909
relative to the same felony.	13910

(C) The specification described in division (A) of this	13911
section may be used in a delinquent child proceeding in the manner	13912
and for the purpose described in section 2152.17 of the Revised	13913
Code.	13914

(D) As used in this section, "firearm" and "automatic	13915
firearm" have the same meanings as in section 2923.11 of the	13916
Revised Code.	13917

Sec. 2941.145. (A) Imposition of a three-year mandatory	13918
prison term upon an offender under division ~~(D)~~(B)(1)(a) of	13919
section 2929.14 of the Revised Code is precluded unless the	13920
indictment, count in the indictment, or information charging the	13921
offense specifies that the offender had a firearm on or about the	13922
offender's person or under the offender's control while committing	13923
the offense and displayed the firearm, brandished the firearm,	13924
indicated that the offender possessed the firearm, or used it to	13925
facilitate the offense. The specification shall be stated at the	13926
end of the body of the indictment, count, or information, and	13927
shall be stated in substantially the following form:	13928

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13929
Grand Jurors (or insert the person's or the prosecuting attorney's	13930
name when appropriate) further find and specify that (set forth	13931
that the offender had a firearm on or about the offender's person	13932
or under the offender's control while committing the offense and	13933
displayed the firearm, brandished the firearm, indicated that the	13934
offender possessed the firearm, or used it to facilitate the	13935
offense)."	13936

(B) Imposition of a three-year mandatory prison term upon an	13937
offender under division ~~(D)~~(B)(1)(a) of section 2929.14 of the	13938
Revised Code is precluded if a court imposes a one-year or	13939
six-year mandatory prison term on the offender under that division	13940
relative to the same felony.	13941

(C) The specification described in division (A) of this	13942
section may be used in a delinquent child proceeding in the manner	13943
and for the purpose described in section 2152.17 of the Revised	13944
Code.	13945

(D) As used in this section, "firearm" has the same meaning	13946
as in section 2923.11 of the Revised Code.	13947

Sec. 2941.146. (A) Imposition of a mandatory five-year	13948
prison term upon an offender under division ~~(D)~~(B)(1)(c) of	13949
section 2929.14 of the Revised Code for committing a violation of	13950
section 2923.161 of the Revised Code or for committing a felony	13951
that includes, as an essential element, purposely or knowingly	13952
causing or attempting to cause the death of or physical harm to	13953
another and that was committed by discharging a firearm from a	13954
motor vehicle other than a manufactured home is precluded unless	13955
the indictment, count in the indictment, or information charging	13956
the offender specifies that the offender committed the offense by	13957
discharging a firearm from a motor vehicle other than a	13958
manufactured home. The specification shall be stated at the end of	13959
the body of the indictment, count, or information, and shall be	13960
stated in substantially the following form:	13961

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13962
Grand Jurors (or insert the person's or prosecuting attorney's	13963
name when appropriate) further find and specify that (set forth	13964
that the offender committed the violation of section 2923.161 of	13965
the Revised Code or the felony that includes, as an essential	13966
element, purposely or knowingly causing or attempting to cause the	13967
death of or physical harm to another and that was committed by	13968
discharging a firearm from a motor vehicle other than a	13969
manufactured home)."	13970

(B) The specification described in division (A) of this	13971
section may be used in a delinquent child proceeding in the manner	13972
and for the purpose described in section 2152.17 of the Revised	13973
Code.	13974

13975

(1) "Firearm" has the same meaning as in section 2923.11 of	13976
the Revised Code;	13977

(2) "Motor vehicle" and "manufactured home" have the same	13978
meanings as in section 4501.01 of the Revised Code.	13979

Sec. 2941.1411. (A) Imposition of a two-year mandatory	13980
prison term upon an offender under division ~~(D)~~(B)(1)(d) of	13981
section 2929.14 of the Revised Code is precluded unless the	13982
indictment, count in the indictment, or information charging the	13983
offense specifies that the offender wore or carried body armor	13984
while committing the offense and that the offense is an offense of	13985
violence that is a felony. The specification shall be stated at	13986
the end of the body of the indictment, count, or information and	13987
shall be stated in substantially the following form:	13988

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13989
Grand Jurors (or insert the person's or the prosecuting attorney's	13990
name when appropriate) further find and specify that (set forth	13991
that the offender wore or carried body armor while committing the	13992
specified offense and that the specified offense is an offense of	13993
violence that is a felony)."	13994

(B) As used in this section, "body armor" means any vest,	13995
helmet, shield, or similar item that is designed or specifically	13996
carried to diminish the impact of a bullet or projectile upon the	13997
offender's body.	13998

Sec. 2941.1412. (A) Imposition of a seven-year mandatory	14000
prison term upon an offender under division ~~(D)~~(B)(1)(f) of	14001
section 2929.14 of the Revised Code is precluded unless the	14002
indictment, count in the indictment, or information charging the	14003
offense specifies that the offender discharged a firearm at a	14004
peace officer or a corrections officer while committing the	14005
offense. The specification shall be stated at the end of the body	14006
of the indictment, count, or information and shall be in	14007
substantially the following form:	14008

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

14009

The Grand Jurors (or insert the person's or the prosecuting	14010
attorney's name when appropriate) further find and specify that	14011
(set forth that the offender discharged a firearm at a peace	14012
officer or a corrections officer while committing the offense)."	14013

(B) As used in this section:

14014

(1) "Firearm" has the same meaning as in section 2923.11 of	14015
the Revised Code.	14016

(2) "Peace officer" has the same meaning as in section	14017
2935.01 of the Revised Code.	14018

(3) "Corrections officer" means a person employed by a	14019
detention facility as a corrections officer.	14020

(4) "Detention facility" has the same meaning as in section	14021
2921.01 of the Revised Code.	14022

Sec. 2941.1414. (A) Imposition of a five-year mandatory	14023
prison term upon an offender under division ~~(D)~~(B)(5) of section	14024
2929.14 of the Revised Code is precluded unless the offender is	14025
convicted of or pleads guilty to violating division (A)(1) or (2)	14026
of section 2903.06 of the Revised Code and unless the indictment,	14027
count in the indictment, or information charging the offense	14028
specifies that the victim of the offense is a peace officer or an	14029
investigator of the bureau of criminal identification and	14030
investigation. The specification shall be stated at the end of the	14031
body of the indictment, count, or information and shall be stated	14032
in substantially the following form:	14033

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14034
Grand Jurors (or insert the person's or the prosecuting attorney's	14035
name when appropriate) further find and specify that (set forth	14036
that the victim of the offense is a peace officer or an	14037
investigator of the bureau of criminal identification and	14038
investigation)."	14039

(B) The specification described in division (A) of this	14040
section may be used in a delinquent child proceeding in the manner	14041
and for the purpose described in section 2152.17 of the Revised	14042
Code.	14043

14044

(1) "Peace officer" has the same meaning as in section	14045
2935.01 of the Revised Code.	14046

(2) "Investigator of the bureau of criminal identification	14047
and investigation" has the same meaning as in section 2903.11 of	14048
the Revised Code.	14049

Sec. 2941.1415. (A) Imposition of a three-year mandatory	14050
prison term upon an offender under division ~~(D)~~(B)(6) of section	14051
2929.14 of the Revised Code is precluded unless the offender is	14052
convicted of or pleads guilty to violating division (A)(1) or (2)	14053
of section 2903.06 of the Revised Code and unless the indictment,	14054
count in the indictment, or information charging the offense	14055
specifies that the offender previously has been convicted of or	14056
pleaded guilty to three or more violations of division (A) or (B)	14057
of section 4511.19 of the Revised Code or an equivalent offense,	14058
or three or more violations of any combination of those divisions	14059
and offenses. The specification shall be stated at the end of the	14060
body of the indictment, count, or information and shall be stated	14061
in substantially the following form:	14062

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14063
Grand Jurors (or insert the person's or the prosecuting attorney's	14064
name when appropriate) further find and specify that (set forth	14065
that the offender previously has been convicted of or pleaded	14066
guilty to three or more violations of division (A) or (B) of	14067
section 4511.19 of the Revised Code or an equivalent offense, or	14068
three or more violations of any combination of those divisions and	14069
offenses)."	14070

(B) The specification described in division (A) of this	14071
section may be used in a delinquent child proceeding in the manner	14072
and for the purpose described in section 2152.17 of the Revised	14073
Code.	14074

(C) As used in this section, "equivalent offense" has the	14075
same meaning as in section 4511.181 of the Revised Code.	14076

Sec. 2941.1421. (A) Imposition of an additional prison term	14077
of one, two, three, four, five, or six months under division	14078
~~(J)~~(H)(2)(a)(i) of section 2929.14 of the Revised Code, an	14079
additional prison term of one, two, three, four, five, six, seven,	14080
eight, nine, ten, eleven, or twelve months under division	14081
~~(J)~~(H)(2)(a)(ii) of section 2929.14 of the Revised Code, an	14082
additional definite jail term of not more than sixty days under	14083
division (F)(1)(a) of section 2929.24 of the Revised Code, or an	14084
additional definite jail term of not more than one hundred twenty	14085
days under division (F)(1)(b) of section 2929.24 of the Revised	14086
Code is precluded unless the indictment, count in the indictment,	14087
or information charging a felony violation of section 2907.22,	14088
2907.24, 2907.241, or 2907.25 of the Revised Code or a misdemeanor	14089
violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the	14090
Revised Code, whichever is applicable, specifies that the	14091
violation was committed in proximity to a school. The	14092
specification shall be stated at the end of the body of the	14093
indictment, count, or information and shall be in substantially	14094
the following form:	14095

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14096
Grand Jurors (or insert the person's or the prosecuting attorney's	14097
name when appropriate) further find and specify that (set forth	14098
that the specified offense was committed in proximity to a	14099
school).	14100

(B) As used in this section, "committed in proximity to a	14101
school" has the same meaning as in section 2929.01 of the Revised	14102
Code.	14103

Sec. 2941.1422. (A) Imposition of a mandatory prison term	14104
under division ~~(D)~~(B)(7) of section 2929.14 of the Revised Code is	14105
precluded unless the offender is convicted of or pleads guilty to	14106
a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	14107
or 2923.32, division (A)(1) or (2) of section 2907.323, or	14108
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	14109
Revised Code and unless the indictment, count in the indictment,	14110
or information charging the offense specifies that the offender	14111
knowingly committed the offense in furtherance of human	14112
trafficking. The specification shall be stated at the end of the	14113
body of the indictment, count, or information and shall be stated	14114
in substantially the following form:	14115

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14116
Grand Jurors (or insert the person's or the prosecuting attorney's	14117
name when appropriate) further find and specify that (set forth	14118
that the defendant knowingly committed the offense in furtherance	14119
of human trafficking)."	14120

(B) As used in this section, "human trafficking" has the same	14121
meaning as in section 2929.01 of the Revised Code.	14122

Sec. 2941.1423. Imposition of a mandatory prison term under	14123
division ~~(D)~~(B)(8) of section 2929.14 of the Revised Code or a	14124
mandatory jail term under division (F) of section 2929.24 of the	14125
Revised Code is precluded unless the offender is convicted of or	14126
pleads guilty to a violation of section 2903.11, 2903.12, or	14127
2903.13 of the Revised Code and unless the indictment, count in	14128
the indictment, or information charging the offense specifies the	14129
victim of the offense was a woman whom the offender knew was	14130
pregnant at the time of the offense. The specification shall be	14131
stated at the end of the body of the indictment, count, or	14132
information and shall be stated in substantially the following	14133
form:	14134

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14135
Grand Jurors (or insert the person's or prosecuting attorney's	14136
name when appropriate) further find and specify that (set forth	14137
that the victim of the offense was a woman whom the defendant knew	14138
was pregnant at the time of the offense)."	14139

Sec. 2950.17. (A) Regardless of when the sexually oriented	14140
offense or child-victim oriented offense was committed, a person	14141
who is convicted of, pleads guilty to, has been convicted of, or	14142
has pleaded guilty to a sexually oriented offense or a	14143
child-victim oriented offense or a person who is or has been	14144
adjudicated a delinquent child for committing a sexually oriented	14145
offense or a child-victim oriented offense shall not possess a	14146
photograph of the victim of the sexually oriented offense or	14147
child-victim oriented offense while the person is serving any	14148
prison term, jail term, community residential sanction, or other	14149
term of confinement imposed on the offender for the offense.	14150

(B) Regardless of when the child-victim oriented offense was	14151
committed, a person who is convicted of, pleads guilty to, has	14152
been convicted of, or has pleaded guilty to a child-victim	14153
oriented offense or a person who is or has been adjudicated a	14154
delinquent child for committing a child-victim oriented offense	14155
shall not possess a photograph of any minor child while the person	14156
is serving any prison term, jail term, community residential	14157
sanction, or other term of confinement imposed on the offender for	14158
the offense.	14159

(C) Whoever violates this section is guilty of illegal	14160
possession of a prohibited photograph, a misdemeanor of the first	14161
degree.	14162

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	14163
division (A)(1)(b) of this section, whoever violates a prohibition	14164
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	14165
Code shall be punished as follows:	14166

(i) If the most serious sexually oriented offense that was	14167
the basis of the registration, notice of intent to reside, change	14168
of address notification, or address verification requirement that	14169
was violated under the prohibition is aggravated murder or murder	14170
if committed by an adult or a comparable category of offense	14171
committed in another jurisdiction, the offender is guilty of a	14172
felony of the first degree.	14173

(ii) If the most serious sexually oriented offense or	14174
child-victim oriented offense that was the basis of the	14175
registration, notice of intent to reside, change of address	14176
notification, or address verification requirement that was	14177
violated under the prohibition is a felony of the first, second,	14178
third, or fourth degree if committed by an adult or a comparable	14179
category of offense committed in another jurisdiction, the	14180
offender is guilty of a felony of the same degree as the most	14181
serious sexually oriented offense or child-victim oriented offense	14182
that was the basis of the registration, notice of intent to	14183
reside, change of address, or address verification requirement	14184
that was violated under the prohibition, or, if the most serious	14185
sexually oriented offense or child-victim oriented offense that	14186
was the basis of the registration, notice of intent to reside,	14187
change of address, or address verification requirement that was	14188
violated under the prohibition is a comparable category of offense	14189
committed in another jurisdiction, the offender is guilty of a	14190
felony of the same degree as that offense committed in the other	14191
jurisdiction would constitute if committed in this state.	14192

(iii) If the most serious sexually oriented offense or	14193
child-victim oriented offense that was the basis of the	14194
registration, notice of intent to reside, change of address	14195
notification, or address verification requirement that was	14196
violated under the prohibition is a felony of the fifth degree or	14197
a misdemeanor if committed by an adult or a comparable category of	14198
offense committed in another jurisdiction, the offender is guilty	14199
of a felony of the fourth degree.	14200

(b) If the offender previously has been convicted of or	14201
pleaded guilty to, or previously has been adjudicated a delinquent	14202
child for committing, a violation of a prohibition in section	14203
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	14204
whoever violates a prohibition in section 2950.04, 2950.041,	14205
2950.05, or 2950.06 of the Revised Code shall be punished as	14206
follows:	14207

(i) If the most serious sexually oriented offense that was	14208
the basis of the registration, notice of intent to reside, change	14209
of address notification, or address verification requirement that	14210
was violated under the prohibition is aggravated murder or murder	14211
if committed by an adult or a comparable category of offense	14212
committed in another jurisdiction, the offender is guilty of a	14213
felony of the first degree.	14214

(ii) If the most serious sexually oriented offense or	14215
child-victim oriented offense that was the basis of the	14216
registration, notice of intent to reside, change of address	14217
notification, or address verification requirement that was	14218
violated under the prohibition is a felony of the first, second,	14219
or third degree if committed by an adult or a comparable category	14220
of offense committed in another jurisdiction, the offender is	14221
guilty of a felony of the same degree as the most serious sexually	14222
oriented offense or child-victim oriented offense that was the	14223
basis of the registration, notice of intent to reside, change of	14224
address, or address verification requirement that was violated	14225
under the prohibition, or, if the most serious sexually oriented	14226
offense or child-victim oriented offense that was the basis of the	14227
registration, notice of intent to reside, change of address, or	14228
address verification requirement that was violated under the	14229
prohibition is a comparable category of offense committed in	14230
another jurisdiction, the offender is guilty of a felony of the	14231
same degree as that offense committed in the other jurisdiction	14232
would constitute if committed in this state.	14233

(iii) If the most serious sexually oriented offense or	14234
child-victim oriented offense that was the basis of the	14235
registration, notice of intent to reside, change of address	14236
notification, or address verification requirement that was	14237
violated under the prohibition is a felony of the fourth or fifth	14238
degree if committed by an adult or a comparable category of	14239
offense committed in another jurisdiction, the offender is guilty	14240
of a felony of the third degree.	14241

(iv) If the most serious sexually oriented offense or	14242
child-victim oriented offense that was the basis of the	14243
registration, notice of intent to reside, change of address	14244
notification, or address verification requirement that was	14245
violated under the prohibition is a misdemeanor if committed by an	14246
adult or a comparable category of offense committed in another	14247
jurisdiction, the offender is guilty of a felony of the fourth	14248
degree.	14249

(2)(a) In addition to any penalty or sanction imposed under	14250
division (A)(1) of this section or any other provision of law for	14251
a violation of a prohibition in section 2950.04, 2950.041,	14252
2950.05, or 2950.06 of the Revised Code, if the offender or	14253
delinquent child is subject to a community control sanction, is on	14254
parole, is subject to one or more post-release control sanctions,	14255
or is subject to any other type of supervised release at the time	14256
of the violation, the violation shall constitute a violation of	14257
the terms and conditions of the community control sanction,	14258
parole, post-release control sanction, or other type of supervised	14259
release.	14260

(b) In addition to any penalty or sanction imposed under	14261
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	14262
provision of law for a violation of a prohibition in section	14263
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	14264
offender previously has been convicted of or pleaded guilty to, or	14265
previously has been adjudicated a delinquent child for committing,	14266
a violation of a prohibition in section 2950.04, 2950.041,	14267
2950.05, or 2950.06 of the Revised Code when the most serious	14268
sexually oriented offense or child-victim oriented offense that	14269
was the basis of the requirement that was violated under the	14270
prohibition is a felony if committed by an adult or a comparable	14271
category of offense committed in another jurisdiction, the court	14272
imposing a sentence upon the offender shall impose a definite	14273
prison term of no less than three years. The definite prison term	14274
imposed under this section ~~is not restricted by division (B) of~~	14275
~~section 2929.14 of the Revised Code and~~, subject to divisions (C)	14276
to (I) of section 2967.19 of the Revised Code, shall not be	14277
reduced to less than three years pursuant to any provision of	14278
Chapter 2967. or any other provision of the Revised Code.	14279

(3) As used in division (A)(1) of this section, "comparable	14280
category of offense committed in another jurisdiction" means a	14281
sexually oriented offense or child-victim oriented offense that	14282
was the basis of the registration, notice of intent to reside,	14283
change of address notification, or address verification	14284
requirement that was violated, that is a violation of an existing	14285
or former law of another state or the United States, an existing	14286
or former law applicable in a military court or in an Indian	14287
tribal court, or an existing or former law of any nation other	14288
than the United States, and that, if it had been committed in this	14289
state, would constitute or would have constituted aggravated	14290
murder or murder for purposes of division (A)(1)(a)(i) of this	14291
section, a felony of the first, second, third, or fourth degree	14292
for purposes of division (A)(1)(a)(ii) of this section, a felony	14293
of the fifth degree or a misdemeanor for purposes of division	14294
(A)(1)(a)(iii) of this section, aggravated murder or murder for	14295
purposes of division (A)(1)(b)(i) of this section, a felony of the	14296
first, second, or third degree for purposes of division	14297
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	14298
degree for purposes of division (A)(1)(b)(iii) of this section, or	14299
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	14300
section.	14301

(B) If a person violates a prohibition in section 2950.04,	14302
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	14303
the person as a result of the person being adjudicated a	14304
delinquent child and being classified a juvenile offender	14305
registrant or an out-of-state juvenile offender registrant, both	14306
of the following apply:	14307

(1) If the violation occurs while the person is under	14308
eighteen years of age, the person is subject to proceedings under	14309
Chapter 2152. of the Revised Code based on the violation.	14310

(2) If the violation occurs while the person is eighteen	14311
years of age or older, the person is subject to criminal	14312
prosecution based on the violation.	14313

(C) Whoever violates division (C) of section 2950.13 of the	14314
Revised Code is guilty of a misdemeanor of the first degree.	14315

Sec. 2951.022. (A) As used in this section:

14316

(1) "Concurrent supervision offender" means any offender who	14317
has been sentenced to community control for one or more	14318
misdemeanor violations or has been placed under a community	14319
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or	14320
2929.20 of the Revised Code and who is simultaneously subject to	14321
supervision by any of the following:	14322

(a) Two or more municipal courts or county courts in this	14323
state;	14324

(b) Two or more courts of common pleas in this state;

14325

(c) One or more courts of common pleas in this state and one	14326
or more municipal courts or county courts in this state.	14327

"Concurrent supervision offender" does not include a parolee	14328
or releasee.	14329

(2) "Parolee" and "releasee" have the same meanings as in	14330
section 2967.01 of the Revised Code.	14331

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	14332
and (4) of this section, a concurrent supervision offender shall	14333
be supervised by the court that imposed the longest possible	14334
sentence and shall not be supervised by any other court.	14335

(2) In the case of a concurrent supervision offender subject	14336
to supervision by two or more municipal or county courts in the	14337
same county, the municipal or county court in the territorial	14338
jurisdiction in which the offender resides shall supervise the	14339
offender. In the case of a concurrent supervision offender subject	14340
to supervision by a municipal court or county court and a court of	14341
common pleas for two or more equal possible sentences, the	14342
municipal or county court shall supervise the offender. In the	14343
case of a concurrent supervision offender subject to supervision	14344
by two or more courts of common pleas in separate counties in this	14345
state, the court that lies within the same territorial	14346
jurisdiction in which the offender resides shall supervise the	14347
offender.	14348

(3) Separate courts within the same county may enter into an	14349
agreement or adopt local rules of procedure specifying, generally,	14350
that concurrent supervision offenders will be supervised in a	14351
manner other than that provided for in divisions (B)(1) and (2) of	14352
this section.	14353

(4)(a) The judges of the various courts of this state having	14354
jurisdiction over a concurrent supervision offender may agree by	14355
journal entry to transfer jurisdiction over a concurrent	14356
supervision offender from one court to another court in any manner	14357
the courts consider appropriate, if the offender is supervised by	14358
only a single supervising authority at all times. An agreement to	14359
transfer supervision of an offender under division (B)(4)(a) of	14360
this section shall not take effect until approved by every court	14361
having authority to supervise the offender and may provide for the	14362
transfer of supervision to the offender's jurisdiction of	14363
residence whether or not the offender was subject to supervision	14364
in that jurisdiction prior to transfer. In the case of a	14365
subsequent conviction in a court other than the supervising court,	14366
the supervising court may agree to accept a transfer of	14367
jurisdiction from the court of conviction prior to sentencing and	14368
proceed to sentence the offender according to law.	14369

(b) If the judges of the various courts of this state having	14370
authority to supervise a concurrent supervision offender cannot	14371
reach agreement with respect to the supervision of the offender,	14372
the offender may be subject to concurrent supervision in the	14373
interest of justice upon the courts' consideration of the	14374
provisions set forth in division (C) of this section.	14375

(C) In determining whether a court maintains authority to	14376
supervise an offender or transfers authority to supervise the	14377
offender pursuant to division (B)(3) or (4) of this section, the	14378
court shall consider all of the following:	14379

(1) The safety of the community;

14380

(2) The risk that the offender might reoffend;

14381

(3) The nature of the offenses committed by the offender;

14382

(4) The likelihood that the offender will remain in the	14383
jurisdiction;	14384

(5) The ability of the offender to travel to and from the	14385
offender's residence and place of employment or school to the	14386
offices of the supervising authority;	14387

(6) The resources for residential and nonresidential	14388
sanctions or rehabilitative treatment available to the various	14389
courts having supervising authority;	14390

(7) Any other factors consistent with the purposes of	14391
sentencing.	14392

(D) The court having sole authority over a concurrent	14393
supervision offender pursuant to this section shall have complete	14394
authority for enforcement of any financial obligations imposed by	14395
any other court, shall set a payment schedule consistent with the	14396
offender's ability to pay, and shall cause payments of the	14397
offender's financial obligations to be directed to the sentencing	14398
court in proportion to the total amounts ordered by all sentencing	14399
courts, or as otherwise agreed by the sentencing courts. Financial	14400
obligations include financial sanctions imposed pursuant to	14401
sections 2929.18 and 2929.28 of the Revised Code, court costs, and	14402
any other financial order or fee imposed by a sentencing court. A	14403
supervision fee may be charged only by the agency providing	14404
supervision of the case.	14405

(E) Unless the local residential sanction is suspended, the	14406
offender shall complete any local residential sanction before	14407
jurisdiction is transferred in accordance with this section. The	14408
supervising court shall respect all conditions of supervision	14409
established by a sentencing court, but any conflicting or	14410
inconsistent order of the supervising court shall supersede any	14411
other order of a sentencing court. In the case of a concurrent	14412
supervision offender, the supervising court shall determine when	14413
supervision will be terminated but shall not terminate supervision	14414
until all financial obligations are paid pursuant to sections	14415
2929.18 and 2929.28 of the Revised Code.	14416

(F) The adult parole authority and one or more courts may	14417
enter into an agreement whereby a releasee or parolee who is	14418
simultaneously under the supervision of the adult parole authority	14419
and the court or courts is supervised exclusively by either the	14420
authority or a court.	14421

Sec. 2951.041. (A)(1) If an offender is charged with a	14422
criminal offense, including but not limited to a violation of	14423
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	14424
the Revised Code, and the court has reason to believe that drug or	14425
alcohol usage by the offender was a factor leading to the	14426
~~offender's~~ criminal offense with which the offender is charged or	14427
that, at the time of committing that offense, the offender had a	14428
mental illness or was a person with intellectual disability and	14429
that the mental illness or status as a person with intellectual	14430
disability was a factor leading to the offender's criminal	14431
behavior, the court may accept, prior to the entry of a guilty	14432
plea, the offender's request for intervention in lieu of	14433
conviction. The request shall include a statement from the	14434
offender as to whether the offender is alleging that drug or	14435
alcohol usage by the offender was a factor leading to the criminal	14436
offense with which the offender is charged or is alleging that, at	14437
the time of committing that offense, the offender had a mental	14438
illness or was a person with intellectual disability and that the	14439
mental illness or status as a person with intellectual disability	14440
was a factor leading to the criminal offense with which the	14441
offender is charged. The request also shall include a waiver of	14442
the defendant's right to a speedy trial, the preliminary hearing,	14443
the time period within which the grand jury may consider an	14444
indictment against the offender, and arraignment, unless the	14445
hearing, indictment, or arraignment has already occurred. The	14446
court may reject an offender's request without a hearing. If the	14447
court elects to consider an offender's request, the court shall	14448
conduct a hearing to determine whether the offender is eligible	14449
under this section for intervention in lieu of conviction and	14450
shall stay all criminal proceedings pending the outcome of the	14451
hearing. If the court schedules a hearing, the court shall order	14452
an assessment of the offender for the purpose of determining the	14453
offender's eligibility for intervention in lieu of conviction and	14454
recommending an appropriate intervention plan.	14455

If the offender alleges that drug or alcohol usage by the	14456
offender was a factor leading to the criminal offense with which	14457
the offender is charged, the court may order that the offender be	14458
assessed by a program certified pursuant to section 3793.06 of the	14459
Revised Code or a properly credentialed professional for the	14460
purpose of determining the offender's eligibility for intervention	14461
in lieu of conviction and recommending an appropriate intervention	14462
plan. The program or the properly credentialed professional shall	14463
provide a written assessment of the offender to the court.	14464

(2) The victim notification provisions of division (C) of	14465
section 2930.08 of the Revised Code apply in relation to any	14466
hearing held under division (A)(1) of this section.	14467

(B) An offender is eligible for intervention in lieu of	14468
conviction if the court finds all of the following:	14469

(1) The offender previously has not been convicted of or	14470
pleaded guilty to a felony offense of violence or previously has	14471
been convicted of or pleaded guilty to any felony that is not an	14472
offense of violence and the prosecuting attorney recommends that	14473
the offender be found eligible for participation in intervention	14474
in lieu of treatment under this section, previously has not been	14475
through intervention in lieu of conviction under this section or	14476
any similar regimen, and is charged with a felony for which the	14477
court, upon conviction, would impose sentence under division	14478
(B)(2)(b) of section 2929.13 of the Revised Code or with a	14479
misdemeanor.	14480

(2) The offense is not a felony of the first, second, or	14481
third degree, is not an offense of violence, is not a violation of	14482
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	14483
not a violation of division (A)(1) of section 2903.08 of the	14484
Revised Code, is not a violation of division (A) of section	14485
4511.19 of the Revised Code or a municipal ordinance that is	14486
substantially similar to that division, and is not an offense for	14487
which a sentencing court is required to impose a mandatory prison	14488
term, a mandatory term of local incarceration, or a mandatory term	14489
of imprisonment in a jail.	14490

(3) The offender is not charged with a violation of section	14491
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	14492
charged with a violation of section 2925.03 of the Revised Code	14493
that is a felony of the first, second, third, or fourth degree,	14494
and is not charged with a violation of section 2925.11 of the	14495
Revised Code that is a felony of the first, second, or third	14496
degree.	14497

(4) ~~The offender is not charged with a violation of section~~	14498
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	14499
~~or the offender is charged with a violation of that section that~~	14500
~~is a felony of the fourth degree and the prosecutor in the case~~	14501
~~has recommended that the offender be classified as being eligible~~	14502
~~for intervention in lieu of conviction under this section.~~	14503

~~(5) The~~If an offender alleges that drug or alcohol usage by	14504
the offender was a factor leading to the criminal offense with	14505
which the offender is charged, the court has ordered that the	14506
offender ~~has been~~be assessed by ~~an appropriately licensed~~	14507
~~provider, certified facility, or licensed and credentialed~~	14508
~~professional, including, but not limited to, a program licensed by~~	14509
~~the department of alcohol and drug addiction services pursuant to~~	14510
~~section 3793.11 of the Revised Code,~~ a program certified ~~by that~~	14511
~~department~~ pursuant to section 3793.06 of the Revised Code~~, a~~	14512
~~public or private hospital, the United States department of~~	14513
~~veterans affairs, another appropriate agency of the government of~~	14514
~~the United States, or a licensed physician, psychiatrist,~~	14515
~~psychologist, independent social worker, professional counselor,~~	14516
~~or chemical dependency counselor~~or a properly credentialed	14517
professional for the purpose of determining the offender's	14518
eligibility for intervention in lieu of conviction and	14519
recommending an appropriate intervention plan, the offender has	14520
been assessed by a program of that nature or a properly	14521
credentialed professional in accordance with the court's order,	14522
and the program or properly credentialed professional has filed	14523
the written assessment of the offender with the court.	14524

(5) If an offender alleges that, at the time of committing	14525
the criminal offense with which the offender is charged, the	14526
offender had a mental illness or was a person with intellectual	14527
disability and that the mental illness or status as a person with	14528
intellectual disability was a factor leading to that offense, the	14529
offender has been assessed by a psychiatrist, psychologist,	14530
independent social worker, or professional clinical counselor for	14531
the purpose of determining the offender's eligibility for	14532
intervention in lieu of conviction and recommending an appropriate	14533
intervention plan.	14534

(6) The offender's drug orusage, alcohol usage, mental	14535
illness, or intellectual disability, whichever is applicable, was	14536
a factor leading to the criminal offense with which the offender	14537
is charged, intervention in lieu of conviction would not demean	14538
the seriousness of the offense, and intervention would	14539
substantially reduce the likelihood of any future criminal	14540
activity.	14541

(7) The alleged victim of the offense was not sixty-five	14542
years of age or older, permanently and totally disabled, under	14543
thirteen years of age, or a peace officer engaged in the officer's	14544
official duties at the time of the alleged offense.	14545

(8) If the offender is charged with a violation of section	14546
2925.24 of the Revised Code, the alleged violation did not result	14547
in physical harm to any person, and the offender previously has	14548
not been treated for drug abuse.	14549

(9) The offender is willing to comply with all terms and	14550
conditions imposed by the court pursuant to division (D) of this	14551
section.	14552

(C) At the conclusion of a hearing held pursuant to division	14553
(A) of this section, the court shall enter its determination as to	14554
whether the offender is eligible for intervention in lieu of	14555
conviction and as to whether to grant the offender's request. If	14556
the court finds under division (B) of this section that the	14557
offender is eligible for intervention in lieu of conviction and	14558
grants the offender's request, the court shall accept the	14559
offender's plea of guilty and waiver of the defendant's right to a	14560
speedy trial, the preliminary hearing, the time period within	14561
which the grand jury may consider an indictment against the	14562
offender, and arraignment, unless the hearing, indictment, or	14563
arraignment has already occurred. In addition, the court then may	14564
stay all criminal proceedings and order the offender to comply	14565
with all terms and conditions imposed by the court pursuant to	14566
division (D) of this section. If the court finds that the offender	14567
is not eligible or does not grant the offender's request, the	14568
criminal proceedings against the offender shall proceed as if the	14569
offender's request for intervention in lieu of conviction had not	14570
been made.	14571

(D) If the court grants an offender's request for	14572
intervention in lieu of conviction, the court shall place the	14573
offender under the general control and supervision of the county	14574
probation department, the adult parole authority, or another	14575
appropriate local probation or court services agency, if one	14576
exists, as if the offender was subject to a community control	14577
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	14578
Revised Code. The court shall establish an intervention plan for	14579
the offender. The terms and conditions of the intervention plan	14580
shall require the offender, for at least one year from the date on	14581
which the court grants the order of intervention in lieu of	14582
conviction, to abstain from the use of illegal drugs and alcohol,	14583
to participate in treatment and recovery support services, and to	14584
submit to regular random testing for drug and alcohol use and may	14585
include any other treatment terms and conditions, or terms and	14586
conditions similar to community control sanctions, which may	14587
include community service or restitution, that are ordered by the	14588
court.	14589

(E) If the court grants an offender's request for	14590
intervention in lieu of conviction and the court finds that the	14591
offender has successfully completed the intervention plan for the	14592
offender, including the requirement that the offender abstain from	14593
using illegal drugs and alcohol for a period of at least one year	14594
from the date on which the court granted the order of intervention	14595
in lieu of conviction, the requirement that the offender	14596
participate in treatment and recovery support services, and all	14597
other terms and conditions ordered by the court, the court shall	14598
dismiss the proceedings against the offender. Successful	14599
completion of the intervention plan and period of abstinence under	14600
this section shall be without adjudication of guilt and is not a	14601
criminal conviction for purposes of any disqualification or	14602
disability imposed by law and upon conviction of a crime, and the	14603
court may order the sealing of records related to the offense in	14604
question in the manner provided in sections 2953.31 to 2953.36 of	14605
the Revised Code.	14606

(F) If the court grants an offender's request for	14607
intervention in lieu of conviction and the offender fails to	14608
comply with any term or condition imposed as part of the	14609
intervention plan for the offender, the supervising authority for	14610
the offender promptly shall advise the court of this failure, and	14611
the court shall hold a hearing to determine whether the offender	14612
failed to comply with any term or condition imposed as part of the	14613
plan. If the court determines that the offender has failed to	14614
comply with any of those terms and conditions, it shall enter a	14615
finding of guilty and shall impose an appropriate sanction under	14616
Chapter 2929. of the Revised Code. If the court sentences the	14617
offender to a prison term, the court, after consulting with the	14618
department of rehabilitation and correction regarding the	14619
availability of services, may order continued court-supervised	14620
activity and treatment of the offender during the prison term and,	14621
upon consideration of reports received from the department	14622
concerning the offender's progress in the program of activity and	14623
treatment, may consider judicial release under section 2929.20 of	14624
the Revised Code.	14625

(G) As used in this section:

14626

(1) "Community control sanction" has the same meaning as in	14627
section 2929.01 of the Revised Code.	14628

(2) "Intervention in lieu of conviction" means any	14629
court-supervised activity that complies with this section.	14630

(3) "Peace officer" has the same meaning as in section	14631
2935.01 of the Revised Code.	14632

(4) "Mental illness" and "psychiatrist" have the same	14633
meanings as in section 5122.01 of the Revised Code.	14634

(5) "Person with intellectual disability" means a person	14635
having significantly subaverage general intellectual functioning	14636
existing concurrently with deficiencies in adaptive behavior,	14637
manifested during the developmental period.	14638

(6) "Psychologist" has the same meaning as in section 4732.01	14639
of the Revised Code.	14640

(H) Whenever the term "mentally retarded person" is used in	14641
any statute, rule, contract, grant, or other document, the	14642
reference shall be deemed to include a "person with intellectual	14643
disability," as defined in this section.	14644

Sec. 2951.08. (A) During a period of community control, any	14645
field officer or probation officer may arrest the person under a	14646
community control sanction without a warrant and bring the person	14647
before the judge or magistrate before whom the cause was pending.	14648
During a period of community control, any peace officer may arrest	14649
the person under a community control sanction without a warrant	14650
upon the written order of the chief probation officer of the	14651
probation agency if the person under a community control sanction	14652
is under the supervision of that probation agency or on the order	14653
of an officer of the adult parole authority created pursuant to	14654
section 5149.02 of the Revised Code if the person under a	14655
community control sanction is under the supervision of the	14656
authority. During a period of community control, any peace officer	14657
may arrest the person under a community control sanction on the	14658
warrant of the judge or magistrate before whom the cause was	14659
pending.	14660

During a period of community control, any peace officer may	14661
arrest the person under a community control sanction without a	14662
warrant if the peace officer has reasonable ground to believe that	14663
the person has violated or is violating any of the following that	14664
is a condition of the person's community control sanction:	14665

(1) A condition that prohibits ownership, possession, or use	14666
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	14667

(2) A condition that prohibits the person from being within a	14668
specified structure or geographic area;	14669

(3) A condition that confines the person to a residence,	14670
facility, or other structure;	14671

(4) A condition that prohibits the person from contacting or	14672
communicating with any specified individual;	14673

(5) A condition that prohibits the person from associating	14674
with a specified individual;	14675

(6) A condition as provided in division (A)(1)(a) of section	14676
2929.25 of the Revised Code or in division (A)(1) of section	14677
2929.15 or (A)(8) of section 2929.27 of the Revised Code that	14678
requires that the person not ingest or be injected with a drug of	14679
abuse and submit to random drug testing and requires that the	14680
results of the drug test indicate that the person did not ingest	14681
or was not injected with a drug of abuse.	14682

(B) ~~Upon~~Within three business days after making an arrest	14683
under this section, the arresting field officer, probation	14684
officer, or peace officer or the department or agency of the	14685
arresting officer ~~promptly~~ shall notify the chief probation	14686
officer or the chief probation officer's designee that the person	14687
has been arrested. ~~Upon~~Within thirty days of being notified that	14688
a field officer, probation officer, or peace officer has made an	14689
arrest under this section, the chief probation officer or	14690
designee, or another probation officer designated by the chief	14691
probation officer, promptly shall bring the person who was	14692
arrested before the judge or magistrate before whom the cause was	14693
pending.	14694

(C) Nothing in this section limits the powers of arrest	14695
granted to certain law enforcement officers and citizens under	14696
sections 2935.03 and 2935.04 of the Revised Code.	14697

(D) A probation officer shall receive the actual and	14698
necessary expenses incurred in the performance of the officer's	14699
duties.	14700

(E) As used in this section, "random drug testing" has the	14701
same meaning as in section 5120.63 of the Revised Code.	14702

Sec. 2953.08. (A) In addition to any other right to appeal	14703
and except as provided in division (D) of this section, a	14704
defendant who is convicted of or pleads guilty to a felony may	14705
appeal as a matter of right the sentence imposed upon the	14706
defendant on one of the following grounds:	14707

(1) The sentence consisted of or included the maximum prison	14708
term allowed for the offense by division (A) of section 2929.14 or	14709
section 2929.142 of the Revised Code, ~~the sentence was not imposed~~	14710
~~pursuant to division (D)(3)(b) of section 2929.14 of the Revised~~	14711
~~Code,~~ the maximum prison term was not required for the offense	14712
pursuant to Chapter 2925. or any other provision of the Revised	14713
Code, and the court imposed the sentence under one of the	14714
following circumstances:	14715

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

14716

(b) The sentence was imposed for two or more offenses arising	14717
out of a single incident, and the court imposed the maximum prison	14718
term for the offense of the highest degree.	14719

(2) The sentence consisted of or included a prison term, the	14720
offense for which it was imposed is a felony of the fourth or	14721
fifth degree or is a felony drug offense that is a violation of a	14722
provision of Chapter 2925. of the Revised Code and that is	14723
specified as being subject to division (B) of section 2929.13 of	14724
the Revised Code for purposes of sentencing, and the court did not	14725
specify at sentencing that it found one or more factors specified	14726
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	14727
Code to apply relative to the defendant. If the court specifies	14728
that it found one or more of those factors to apply relative to	14729
the defendant, the defendant is not entitled under this division	14730
to appeal as a matter of right the sentence imposed upon the	14731
offender.	14732

(3) The person was convicted of or pleaded guilty to a	14733
violent sex offense or a designated homicide, assault, or	14734
kidnapping offense, was adjudicated a sexually violent predator in	14735
relation to that offense, and was sentenced pursuant to division	14736
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	14737
of the indefinite term imposed pursuant to division (A)(3) of	14738
section 2971.03 of the Revised Code is the longest term available	14739
for the offense from among the range of terms listed in section	14740
2929.14 of the Revised Code. As used in this division, "designated	14741
homicide, assault, or kidnapping offense" and "violent sex	14742
offense" have the same meanings as in section 2971.01 of the	14743
Revised Code. As used in this division, "adjudicated a sexually	14744
violent predator" has the same meaning as in section 2929.01 of	14745
the Revised Code, and a person is "adjudicated a sexually violent	14746
predator" in the same manner and the same circumstances as are	14747
described in that section.	14748

(4) The sentence is contrary to law.

14749

(5) The sentence consisted of an additional prison term of	14750
ten years imposed pursuant to division ~~(D)~~(B)(2)(a) of section	14751
2929.14 of the Revised Code.	14752

~~(6) The sentence consisted of an additional prison term of~~	14753
~~ten years imposed pursuant to division (D)(3)(b) of section~~	14754
~~2929.14 of the Revised Code.~~	14755

(B) In addition to any other right to appeal and except as	14756
provided in division (D) of this section, a prosecuting attorney,	14757
a city director of law, village solicitor, or similar chief legal	14758
officer of a municipal corporation, or the attorney general, if	14759
one of those persons prosecuted the case, may appeal as a matter	14760
of right a sentence imposed upon a defendant who is convicted of	14761
or pleads guilty to a felony or, in the circumstances described in	14762
division (B)(3) of this section the modification of a sentence	14763
imposed upon such a defendant, on any of the following grounds:	14764

(1) The sentence did not include a prison term despite a	14765
presumption favoring a prison term for the offense for which it	14766
was imposed, as set forth in section 2929.13 or Chapter 2925. of	14767
the Revised Code.	14768

(2) The sentence is contrary to law.

14769

(3) The sentence is a modification under section 2929.20 of	14770
the Revised Code of a sentence that was imposed for a felony of	14771
the first or second degree.	14772

(C)(1) In addition to the right to appeal a sentence granted	14773
under division (A) or (B) of this section, a defendant who is	14774
convicted of or pleads guilty to a felony may seek leave to appeal	14775
a sentence imposed upon the defendant on the basis that the	14776
sentencing judge has imposed consecutive sentences under division	14777
~~(E)~~(C)(3) ~~or (4)~~ of section 2929.14 of the Revised Code and that	14778
the consecutive sentences exceed the maximum prison term allowed	14779
by division (A) of that section for the most serious offense of	14780
which the defendant was convicted. Upon the filing of a motion	14781
under this division, the court of appeals may grant leave to	14782
appeal the sentence if the court determines that the allegation	14783
included as the basis of the motion is true.	14784

(2) A defendant may seek leave to appeal an additional	14785
sentence imposed upon the defendant pursuant to division	14786
~~(D)~~(B)(2)(a) or (b) of section 2929.14 of the Revised Code if the	14787
additional sentence is for a definite prison term that is longer	14788
than five years.	14789

(D)(1) A sentence imposed upon a defendant is not subject to	14790
review under this section if the sentence is authorized by law,	14791
has been recommended jointly by the defendant and the prosecution	14792
in the case, and is imposed by a sentencing judge.	14793

(2) Except as provided in division (C)(2) of this section, a	14794
sentence imposed upon a defendant is not subject to review under	14795
this section if the sentence is imposed pursuant to division	14796
~~(D)~~(B)(2)(b) of section 2929.14 of the Revised Code. Except as	14797
otherwise provided in this division, a defendant retains all	14798
rights to appeal as provided under this chapter or any other	14799
provision of the Revised Code. A defendant has the right to appeal	14800
under this chapter or any other provision of the Revised Code the	14801
court's application of division ~~(D)~~(B)(2)(c) of section 2929.14 of	14802
the Revised Code.	14803

(3) A sentence imposed for aggravated murder or murder	14804
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	14805
subject to review under this section.	14806

(E) A defendant, prosecuting attorney, city director of law,	14807
village solicitor, or chief municipal legal officer shall file an	14808
appeal of a sentence under this section to a court of appeals	14809
within the time limits specified in Rule 4(B) of the Rules of	14810
Appellate Procedure, provided that if the appeal is pursuant to	14811
division (B)(3) of this section, the time limits specified in that	14812
rule shall not commence running until the court grants the motion	14813
that makes the sentence modification in question. A sentence	14814
appeal under this section shall be consolidated with any other	14815
appeal in the case. If no other appeal is filed, the court of	14816
appeals may review only the portions of the trial record that	14817
pertain to sentencing.	14818

(F) On the appeal of a sentence under this section, the	14819
record to be reviewed shall include all of the following, as	14820
applicable:	14821

(1) Any presentence, psychiatric, or other investigative	14822
report that was submitted to the court in writing before the	14823
sentence was imposed. An appellate court that reviews a	14824
presentence investigation report prepared pursuant to section	14825
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	14826
connection with the appeal of a sentence under this section shall	14827
comply with division (D)(3) of section 2951.03 of the Revised Code	14828
when the appellate court is not using the presentence	14829
investigation report, and the appellate court's use of a	14830
presentence investigation report of that nature in connection with	14831
the appeal of a sentence under this section does not affect the	14832
otherwise confidential character of the contents of that report as	14833
described in division (D)(1) of section 2951.03 of the Revised	14834
Code and does not cause that report to become a public record, as	14835
defined in section 149.43 of the Revised Code, following the	14836
appellate court's use of the report.	14837

(2) The trial record in the case in which the sentence was	14838
imposed;	14839

(3) Any oral or written statements made to or by the court at	14840
the sentencing hearing at which the sentence was imposed;	14841

(4) Any written findings that the court was required to make	14842
in connection with the modification of the sentence pursuant to a	14843
judicial release under division (I) of section 2929.20 of the	14844
Revised Code.	14845

(G)(1) If the sentencing court was required to make the	14846
findings required by division (B) or (D) of section 2929.13,	14847
~~division (D)(2)(e) or (E)(4) of section 2929.14,~~ or division (I)	14848
of section 2929.20 of the Revised Code, or to state the findings	14849
of the trier of fact required by division (B)(2)(e) of section	14850
2929.14 of the Revised Code, relative to the imposition or	14851
modification of the sentence, and if the sentencing court failed	14852
to state the required findings on the record, the court hearing an	14853
appeal under division (A), (B), or (C) of this section shall	14854
remand the case to the sentencing court and instruct the	14855
sentencing court to state, on the record, the required findings.	14856

(2) The court hearing an appeal under division (A), (B), or	14857
(C) of this section shall review the record, including the	14858
findings underlying the sentence or modification given by the	14859
sentencing court.	14860

The appellate court may increase, reduce, or otherwise modify	14861
a sentence that is appealed under this section or may vacate the	14862
sentence and remand the matter to the sentencing court for	14863
resentencing. The appellate court's standard for review is not	14864
whether the sentencing court abused its discretion. The appellate	14865
court may take any action authorized by this division if it	14866
clearly and convincingly finds either of the following:	14867

(a) That the record does not support the sentencing court's	14868
findings under division (B) or (D) of section 2929.13, division	14869
~~(D)~~(B)(2)(e) or ~~(E)~~(C)(4) of section 2929.14, or division (I) of	14870
section 2929.20 of the Revised Code, whichever, if any, is	14871
relevant;	14872

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

14873

(H) A judgment or final order of a court of appeals under	14874
this section may be appealed, by leave of court, to the supreme	14875
court.	14876

(I)(1) There is hereby established the felony sentence appeal	14877
cost oversight committee, consisting of eight members. One member	14878
shall be the chief justice of the supreme court or a	14879
representative of the court designated by the chief justice, one	14880
member shall be a member of the senate appointed by the president	14881
of the senate, one member shall be a member of the house of	14882
representatives appointed by the speaker of the house of	14883
representatives, one member shall be the director of budget and	14884
management or a representative of the office of budget and	14885
management designated by the director, one member shall be a judge	14886
of a court of appeals, court of common pleas, municipal court, or	14887
county court appointed by the chief justice of the supreme court,	14888
one member shall be the state public defender or a representative	14889
of the office of the state public defender designated by the state	14890
public defender, one member shall be a prosecuting attorney	14891
appointed by the Ohio prosecuting attorneys association, and one	14892
member shall be a county commissioner appointed by the county	14893
commissioners association of Ohio. No more than three of the	14894
appointed members of the committee may be members of the same	14895
political party.	14896

The president of the senate, the speaker of the house of	14897
representatives, the chief justice of the supreme court, the Ohio	14898
prosecuting attorneys association, and the county commissioners	14899
association of Ohio shall make the initial appointments to the	14900
committee of the appointed members no later than ninety days after	14901
July 1, 1996. Of those initial appointments to the committee, the	14902
members appointed by the speaker of the house of representatives	14903
and the Ohio prosecuting attorneys association shall serve a term	14904
ending two years after July 1, 1996, the member appointed by the	14905
chief justice of the supreme court shall serve a term ending three	14906
years after July 1, 1996, and the members appointed by the	14907
president of the senate and the county commissioners association	14908
of Ohio shall serve terms ending four years after July 1, 1996.	14909
Thereafter, terms of office of the appointed members shall be for	14910
four years, with each term ending on the same day of the same	14911
month as did the term that it succeeds. Members may be	14912
reappointed. Vacancies shall be filled in the same manner provided	14913
for original appointments. A member appointed to fill a vacancy	14914
occurring prior to the expiration of the term for which that	14915
member's predecessor was appointed shall hold office as a member	14916
for the remainder of the predecessor's term. An appointed member	14917
shall continue in office subsequent to the expiration date of that	14918
member's term until that member's successor takes office or until	14919
a period of sixty days has elapsed, whichever occurs first.	14920

If the chief justice of the supreme court, the director of	14921
the office of budget and management, or the state public defender	14922
serves as a member of the committee, that person's term of office	14923
as a member shall continue for as long as that person holds office	14924
as chief justice, director of the office of budget and management,	14925
or state public defender. If the chief justice of the supreme	14926
court designates a representative of the court to serve as a	14927
member, the director of budget and management designates a	14928
representative of the office of budget and management to serve as	14929
a member, or the state public defender designates a representative	14930
of the office of the state public defender to serve as a member,	14931
the person so designated shall serve as a member of the commission	14932
for as long as the official who made the designation holds office	14933
as chief justice, director of the office of budget and management,	14934
or state public defender or until that official revokes the	14935
designation.	14936

The chief justice of the supreme court or the representative	14937
of the supreme court appointed by the chief justice shall serve as	14938
chairperson of the committee. The committee shall meet within two	14939
weeks after all appointed members have been appointed and shall	14940
organize as necessary. Thereafter, the committee shall meet at	14941
least once every six months or more often upon the call of the	14942
chairperson or the written request of three or more members,	14943
provided that the committee shall not meet unless moneys have been	14944
appropriated to the judiciary budget administered by the supreme	14945
court specifically for the purpose of providing financial	14946
assistance to counties under division (I)(2) of this section and	14947
the moneys so appropriated then are available for that purpose.	14948

The members of the committee shall serve without	14949
compensation, but, if moneys have been appropriated to the	14950
judiciary budget administered by the supreme court specifically	14951
for the purpose of providing financial assistance to counties	14952
under division (I)(2) of this section, each member shall be	14953
reimbursed out of the moneys so appropriated that then are	14954
available for actual and necessary expenses incurred in the	14955
performance of official duties as a committee member.	14956

(2) The state criminal sentencing commission periodically	14957
shall provide to the felony sentence appeal cost oversight	14958
committee all data the commission collects pursuant to division	14959
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	14960
data from the state criminal sentencing commission, the felony	14961
sentence appeal cost oversight committee periodically shall review	14962
the data; determine whether any money has been appropriated to the	14963
judiciary budget administered by the supreme court specifically	14964
for the purpose of providing state financial assistance to	14965
counties in accordance with this division for the increase in	14966
expenses the counties experience as a result of the felony	14967
sentence appeal provisions set forth in this section or as a	14968
result of a postconviction relief proceeding brought under	14969
division (A)(2) of section 2953.21 of the Revised Code or an	14970
appeal of a judgment in that proceeding; if it determines that any	14971
money has been so appropriated, determine the total amount of	14972
moneys that have been so appropriated specifically for that	14973
purpose and that then are available for that purpose; and develop	14974
a recommended method of distributing those moneys to the counties.	14975
The committee shall send a copy of its recommendation to the	14976
supreme court. Upon receipt of the committee's recommendation, the	14977
supreme court shall distribute to the counties, based upon that	14978
recommendation, the moneys that have been so appropriated	14979
specifically for the purpose of providing state financial	14980
assistance to counties under this division and that then are	14981
available for that purpose.	14982

Sec. 2961.21. As used in sections 2961.21 to 2961.24 of the	14983
Revised Code:	14984

(A)(1) "Discretionary civil impact" means any section of the	14985
Revised Code or the Administrative Code that creates a penalty,	14986
disability, or disadvantage, however denominated, to which all of	14987
the following apply:	14988

(a) It is triggered in whole or in part by a person's	14989
conviction of an offense, whether or not the penalty, disability,	14990
or disadvantage is included in the judgment or sentence.	14991

(b) It is imposed on a person, licensing agency, or employer.

14992

(c) It permits, but does not require, that the person with	14993
the conviction record have a license denied or revoked, permits an	14994
agency to deny or revoke a license or certification to the person	14995
with the conviction record or business, or permits a business to	14996
refuse to employ the person with the conviction record.	14997

(2) "Discretionary civil impact" does not include	14998
imprisonment, probation, parole, supervised release, forfeiture,	14999
restitution, fine, assessment, or costs of prosecution.	15000

(B) "Eligible prisoner" means any of the following:

15001

(1) A prisoner who is serving a prison term in a state	15002
correctional institution and who satisfies all of the criteria	15003
specified in division (A)(1) of section 2961.22 of the Revised	15004
Code to be eligible to apply to the department of rehabilitation	15005
and correction or the sentencing court for a certificate of	15006
achievement and employability;	15007

(2) A prisoner who has been released from a state	15008
correctional institution, who is under supervision on parole or	15009
under a post-release control sanction, and who satisfies all of	15010
the criteria specified in division (A)(1) of section 2961.22 of	15011
the Revised Code to be eligible to apply to the adult parole	15012
authority for a certificate of achievement and employability.	15013

15014

(1) Any agency identified as a "licensing agency" under	15015
section 4776.01 of the Revised Code.	15016

(2) Any regulatory or licensing board or agency not included	15017
in division (C)(1) of this section that has the administrative	15018
authority to issue, suspend, or revoke any professional license or	15019
certification or any license or certification that enables a	15020
person or entity to engage in any profession or occupation to	15021
attain a specified status or position.	15022

(D)(1) "Mandatory civil impact" means any section of the	15023
Revised Code or the Administrative Code that creates a penalty,	15024
disability, or disadvantage, however denominated, to which all of	15025
the following apply:	15026

(a) It is triggered automatically solely by a person's	15027
conviction of an offense, whether or not the penalty, disability,	15028
or disadvantage is included in the judgment or sentence.	15029

(b) It is imposed on a person, licensing agency, or employer.

15030

(c) It precludes the person with the criminal record from	15031
maintaining or obtaining licensure or employment, precludes the	15032
agency from issuing a license or certification to the person with	15033
the criminal record or business, or precludes a business from	15034
being certified or from employing the person with the criminal	15035
record.	15036

(2) "Mandatory civil impact" does not include imprisonment,	15037
probation, parole, supervised release, forfeiture, restitution,	15038
fine, assessment, or costs of prosecution.	15039

Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a	15040
state correctional institution who satisfies all of the following	15041
is eligible to apply to the department of rehabilitation and	15042
correction at a time specified in division (A)(2) of this section	15043
and in accordance with division (D) of this section for a	15044
certificate of achievement and employability:	15045

(a) The prisoner has satisfactorily completed one or more	15046
in-prison vocational programs approved by rule by the department	15047
of rehabilitation and correction.	15048

(b) The prisoner has demonstrated exemplary performance as	15049
determined by completion of one or more cognitive or behavioral	15050
improvement programs approved by rule by the department while	15051
incarcerated in a state correctional institution, while under	15052
supervision, or during both periods of time.	15053

15054

(d) The prisoner shows other evidence of achievement and	15055
rehabilitation while under the jurisdiction of the department.	15056

(2) An eligible prisoner may apply to the department of	15057
rehabilitation and correction under division (A)(1) of this	15058
section for a certificate of achievement and employability no	15059
earlier than one year prior to the date scheduled for the release	15060
of the prisoner from department custody and no later than the date	15061
of release of the prisoner.	15062

(B)(1) Any prisoner who has been released from a state	15063
correctional institution, who is under supervision on parole or	15064
under a post-release control sanction, and who satisfies all of	15065
the criteria set forth in division (A)(1) of this section is	15066
eligible to apply to the adult parole authority at a time	15067
specified in division (B)(2) of this section and in accordance	15068
with division (D) of this section for a certificate of achievement	15069
and employability.	15070

(2) An eligible prisoner may apply to the adult parole	15071
authority under division (B)(1) of this section for a certificate	15072
of achievement and employability at any time while the prisoner is	15073
under supervision on parole or under a post-release control	15074
sanction.	15075

(C)(1) An eligible prisoner may apply to the department of	15076
rehabilitation and correction or to the adult parole authority at	15077
a time specified in division (A) or (B) of this section, whichever	15078
is applicable, for a certificate of achievement and employability	15079
that grants the prisoner relief from one or more mandatory civil	15080
impacts that would affect a potential job within a field in which	15081
the prisoner trained as part of the prisoner's in-prison	15082
vocational program. The prisoner shall specify the mandatory civil	15083
impacts from which the prisoner is requesting relief under the	15084
certificate. Upon application by a prisoner in accordance with	15085
this division, if the mandatory civil impact of any licensing	15086
agency would be affected by the issuance of the certificate to the	15087
prisoner, the department or authority shall notify the licensing	15088
agency of the filing of the application, provide the licensing	15089
agency with a copy of the application and all evidence that the	15090
department, authority, or court has regarding the prisoner, and	15091
afford the licensing agency with an opportunity to object in	15092
writing to the issuance of the certificate to the prisoner.	15093

(2) Upon application by a prisoner in accordance with	15094
division (C)(1) of this section, the department of rehabilitation	15095
and correction or the adult parole authority, whichever is	15096
applicable, shall consider the application and all objections to	15097
the issuance of a certificate of achievement and employability to	15098
the prisoner, if any, that were made by a licensing agency under	15099
division (C)(1) of this section. If the department or authority	15100
determines that the prisoner is an eligible prisoner, that the	15101
application was filed at a time specified in division (B) of this	15102
section, and that any licensing agency objections to the issuance	15103
of the certificate to the prisoner are not sufficient to deny the	15104
issuance of the certificate to the prisoner, subject to division	15105
(C)(3) of this section, the department or authority shall issue	15106
the prisoner a certificate of achievement and employability that	15107
grants the prisoner relief from the mandatory civil impacts that	15108
are specified in the prisoner's application and that would affect	15109
a potential job within a field in which the prisoner trained as	15110
part of the prisoner's in-prison vocational program.	15111

(3) The mandatory civil impacts identified in division (A)(1)	15112
of section 2961.01 and in division (B) of section 2961.02 of the	15113
Revised Code shall not be affected by any certificate of	15114
achievement and employability issued under this section. No	15115
certificate of achievement and employability issued to a prisoner	15116
under this section grants the prisoner relief from the mandatory	15117
civil impacts identified in division (A)(1) of section 2961.01 and	15118
in division (B) of section 2961.02 of the Revised Code.	15119

(E) The department of rehabilitation and correction shall	15120
adopt rules that define in-prison vocational programs and	15121
cognitive or behavioral improvement programs that a prisoner may	15122
complete to satisfy the criteria described in divisions (A)(1)(a)	15123
and (b) of this section.	15124

Sec. 2961.23. (A)(1) If a person who has been issued a	15125
certificate of achievement and employability under section 2961.22	15126
of the Revised Code applies to a licensing agency for a license or	15127
certificate and the person has a conviction or guilty plea that	15128
otherwise would bar licensure or certification for the person	15129
because of a mandatory civil impact, the agency shall give the	15130
person individualized consideration for the license or	15131
certification, notwithstanding the mandatory civil impact, the	15132
mandatory civil impact shall be considered for all purposes to be	15133
a discretionary civil impact, and the certificate constitutes a	15134
rebuttable presumption that the person's criminal convictions are	15135
insufficient evidence that the person is unfit for the license or	15136
certification in question. Notwithstanding the presumption	15137
established under this division, the agency may deny the license	15138
or certification for the person if it determines that the person	15139
is unfit for issuance of the license.	15140

(2) If an employer that has hired a person who has been	15141
issued a certificate of achievement and employability under	15142
section 2961.22 of the Revised Code applies to a licensing agency	15143
for a license or certification and the person has a conviction or	15144
guilty plea that otherwise would bar the person's employment with	15145
the employer or licensure for the employer because of a mandatory	15146
civil impact, the agency shall give the person individualized	15147
consideration, notwithstanding the mandatory civil impact, the	15148
mandatory civil impact shall be considered for all purposes to be	15149
a discretionary civil impact, and the certificate constitutes a	15150
rebuttable presumption that the person's criminal convictions are	15151
insufficient evidence that the person is unfit for the employment,	15152
or that the employer is unfit for the license or certification, in	15153
question. Notwithstanding the presumption established under this	15154
division, the agency may deny the license or certification for the	15155
employer if it determines that the person is unfit for the	15156
employment or that the employer is unfit for the license or	15157
certification.	15158

(B) If an employer hires a person who has been issued a	15159
certificate of achievement and employability under section 2961.22	15160
of the Revised Code and if the person presents the employer with a	15161
copy of the certificate, all of the following apply:	15162

(1) If a subsequent civil action against the employer alleges	15163
that the employer was negligent in hiring the person and if the	15164
civil action includes as an element of the alleged negligence that	15165
the employer had actual or constructive knowledge of the	15166
incompetence or dangerousness of the person, the person's	15167
presentation of the certificate to the employer is an absolute	15168
defense for the employer to the element of the employer's actual	15169
or constructive knowledge of the incompetence or dangerousness of	15170
the person.	15171

(2) If the person, after being hired, subsequently	15172
demonstrates dangerousness and if the employer retains the person	15173
as an employee after the demonstration of dangerousness, the	15174
employer may be held liable in a civil action that is based on or	15175
relates to the retention of the person as an employee only if it	15176
is proved by a preponderance of the evidence that the person	15177
having hiring and firing responsibility for the employer had	15178
actual knowledge that the employee was dangerous and was willful	15179
in retaining the person as an employee after the demonstration of	15180
dangerousness of which the person had actual knowledge.	15181

Sec. 2961.24. The department of rehabilitation and	15182
correction shall adopt rules that specify standards and criteria	15183
for the revocation of a certificate of achievement and	15184
employability issued under section 2961.22 of the Revised Code.	15185
The rules shall require revocation of a certificate that has been	15186
issued to a person if the person is convicted of or pleads guilty	15187
to any offense other than a minor misdemeanor or a traffic	15188
offense. The rules shall not provide for revocation of a	15189
certificate that has been issued to a person based on a violation	15190
of a condition of conditional pardon, parole, other form of	15191
authorized release, transitional control, or post-release control	15192
under section 2967.15 of the Revised Code that is not also a	15193
criminal offense under any other section of the Revised Code.	15194

Sec. 2967.14. (A) The department of rehabilitation and	15195
correction or the adult parole authority may require or allow a	15196
parolee or, a releasee, or a prisoner otherwise released from a	15197
state correctional institution to reside in a halfway house or	15198
other suitable community residential center that has been licensed	15199
by the division of parole and community services pursuant to	15200
division (C) of this section during a part or for the entire	15201
period of the offender's or parolee's conditional release or of	15202
the releasee's term of post-release control. The court of common	15203
pleas that placed an offender under a sanction consisting of a	15204
term in a halfway house or in an alternative residential sanction	15205
may require the offender to reside in a halfway house or other	15206
suitable community residential center that is designated by the	15207
court and that has been licensed by the division pursuant to	15208
division (C) of this section during a part or for the entire	15209
period of the offender's residential sanction.	15210

(B) The division of parole and community services may	15211
negotiate and enter into agreements with any public or private	15212
agency or a department or political subdivision of the state that	15213
operates a halfway house, reentry center, or community residential	15214
center that has been licensed by the division pursuant to division	15215
(C) of this section. An agreement under this division shall	15216
provide for the purchase of beds, shall set limits of supervision	15217
and levels of occupancy, and shall determine the scope of services	15218
for all eligible offenders, including those subject to a	15219
residential sanction, as defined in rules adopted by the director	15220
of rehabilitation and correction in accordance with Chapter 119.	15221
of the Revised Code, or those released from prison without	15222
supervision. ~~The payments for beds and services shall be equal to~~	15223
~~the halfway house's or community residential center's average~~	15224
~~daily per capita costs with its facility at full occupancy.~~ The	15225
payments for beds and services shall not exceed the total	15226
operating costs of the halfway house, reentry center, or community	15227
residential center during the term of an agreement. The director	15228
of rehabilitation and correction shall adopt rules in accordance	15229
with Chapter 119. of the Revised Code for determining includable	15230
and excludable costs and income to be used in computing the	15231
agency's average daily per capita costs with its facility at full	15232
occupancy.	15233

The department of rehabilitation and correction may use no	15234
more than ten per cent of the amount appropriated to the	15235
department each fiscal year for the halfway house, reentry center,	15236
and community residential center program to pay for contracts for	15237
nonresidential services for offenders under the supervision of the	15238
adult parole authority. The nonresidential services may include,	15239
but are not limited to, treatment for substance abuse, mental	15240
health counseling, ~~and~~ counseling for sex offenders, and	15241
electronic monitoring services.	15242

(C) The division of parole and community services may license	15243
a halfway house, reentry center, or community residential center	15244
as a suitable facility for the care and treatment of adult	15245
offenders, including offenders sentenced under section 2929.16 or	15246
2929.26 of the Revised Code, only if the halfway house, reentry	15247
center, or community residential center complies with the	15248
standards that the division adopts in accordance with Chapter 119.	15249
of the Revised Code for the licensure of halfway houses, reentry	15250
centers, and community residential centers. The division shall	15251
annually inspect each licensed halfway house, licensed reentry	15252
center, and licensed community residential center to determine if	15253
it is in compliance with the licensure standards.	15254

Sec. 2967.19. (A) As used in this section:

15255

(1) "Deadly weapon" and "dangerous ordnance" have the same	15256
meanings as in section 2923.11 of the Revised.	15257

(2) "Disqualifying prison term" means any of the following:

15258

(a) A prison term imposed for aggravated murder, murder,	15259
voluntary manslaughter, involuntary manslaughter, felonious	15260
assault, kidnapping, rape, aggravated arson, aggravated burglary,	15261
or aggravated robbery;	15262

(b) A prison term imposed for complicity in, an attempt to	15263
commit, or conspiracy to commit any offense listed in division	15264
(A)(2)(a) of this section;	15265

(c) A prison term of life imprisonment, including any term of	15266
life imprisonment that has parole eligibility;	15267

(d) A prison term imposed for any felony other than carrying	15268
a concealed weapon an essential element of which is any conduct or	15269
failure to act expressly involving any deadly weapon or dangerous	15270
ordnance;	15271

(e) A prison term imposed for any violation of section	15272
2925.03 of the Revised Code that is a felony of the first or	15273
second degree;	15274

(f) A prison term imposed for engaging in a pattern of	15275
corrupt activity in violation of section 2923.32 of the Revised	15276
Code;	15277

(g) A prison term imposed pursuant to section 2971.03 of the	15278
Revised Code;	15279

(h) A prison term imposed for any sexually oriented offense.

15280

(3) "Eligible prison term" means any prison term that is not	15281
a disqualifying prison term and is not a restricting prison term.	15282

(4) "Restricting prison term" means any of the following:

15283

(a) A mandatory prison term imposed under division (D)(1)(a),	15284
(D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section	15285
2929.14 of the Revised Code for a specification of the type	15286
described in that division;	15287

(b) In the case of an offender who has been sentenced to a	15288
mandatory prison term for a specification of the type described in	15289
division (A)(4)(a) of this section, the prison term imposed for	15290
the felony offense for which the specification was stated at the	15291
end of the body of the indictment, count in the indictment, or	15292
information charging the offense;	15293

15294

(d) A prison term imposed for any offense that is described	15295
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	15296
of this section applies to the offender:	15297

(i) The offense is a felony of the first or second degree	15298
that is an offense of violence and that is not described in	15299
division (A)(2)(a) or (b) of this section, an attempt to commit a	15300
felony of the first or second degree that is an offense of	15301
violence and that is not described in division (A)(2)(a) or (b) of	15302
this section if the attempt is a felony of the first or second	15303
degree, or an offense under an existing or former law of this	15304
state, another state, or the United States that is or was	15305
substantially equivalent to any other offense described in this	15306
division.	15307

(ii) The offender previously was convicted of or pleaded	15308
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	15309
this section.	15310

(5) "Sexually oriented offense" has the same meaning as in	15311
section 2950.01 of the Revised Code.	15312

(B) The director of rehabilitation and correction may	15313
petition the sentencing court for the release from prison of any	15314
offender confined in a state correctional institution under a	15315
stated prison term of one year or more who is eligible under	15316
division (C) of this section for a release under this section and	15317
who has served at least eighty per cent of that stated prison term	15318
that remains to be served after the offender becomes eligible as	15319
described in that division. If the director wishes to submit a	15320
petition for release under this section, the director shall submit	15321
the petition not earlier than ninety days prior to the date on	15322
which the offender has served eighty per cent of the offender's	15323
stated prison term that remains to be served after the offender	15324
becomes eligible as described in division (C) of this section. The	15325
director's submission of a petition for release under this section	15326
constitutes a recommendation by the director that the court	15327
strongly consider release of the offender consistent with the	15328
purposes and principles of sentencing set forth in sections	15329
2929.11 and 2929.13 of the Revised Code.	15330

(C)(1) An offender serving a stated prison term of one year	15331
or more and who has commenced service of that stated prison term	15332
becomes eligible for release from prison under this section only	15333
as described in this division. An offender serving a stated prison	15334
term that includes a disqualifying prison term is not eligible for	15335
release from prison under this section. An offender serving a	15336
stated prison term that consists solely of one or more restricting	15337
prison terms is not eligible for release under this section. An	15338
offender serving a stated prison term of one year or more that	15339
includes one or more restricting prison terms and one or more	15340
eligible prison terms becomes eligible for release under this	15341
section after having fully served each restricting prison term. An	15342
offender serving a stated prison term that consists solely of one	15343
or more eligible prison terms becomes eligible for release under	15344
this section upon the offender's commencement of service of that	15345
stated prison term. After an offender becomes eligible for release	15346
under this section, the director of rehabilitation and correction	15347
may petition for the release of the offender under division (C)(2)	15348
of this section no earlier than ninety days before the offender	15349
has served the portion of the offender's stated prison term	15350
specified in that division. For purposes of determining an	15351
offender's eligibility for release under this section, if the	15352
offender's stated prison term includes consecutive prison terms,	15353
any restricting prison terms shall be deemed served prior to any	15354
eligible prison terms that run consecutively to the restricting	15355
prison terms, and the eligible prison terms are deemed to commence	15356
after all of the restricting prison terms have been fully served.	15357

An offender serving a stated prison term one one year or more	15358
that includes a mandatory prison term that is not a disqualifying	15359
prison term and is not a restricting prison term is not	15360
automatically ineligible as a result of the offender's service of	15361
that mandatory term for release from prison under this section,	15362
and the offender's eligibility for release from prison under this	15363
section is determined in accordance with this division.	15364

(2) If an offender confined in a state correctional	15365
institution under a stated prison term is eligible for release	15366
under this section as described in division (C)(1) of this	15367
section, the director of rehabilitation and correction may	15368
petition the sentencing court pursuant to division (B) of this	15369
section for the release from prison of the offender.	15370

(D) The director shall include with any petition submitted to	15371
the sentencing court under this section an institutional summary	15372
report that covers the offender's participation while confined in	15373
a state correctional institution in school, training, work,	15374
treatment, and other rehabilitative activities and any	15375
disciplinary action taken against the offender while so confined.	15376
The director shall include with the petition a post-release	15377
control assessment and placement plan, when relevant, and any	15378
other documentation requested by the court, if available.	15379

(E) When the director submits a petition under this section	15380
for release of an offender, the department promptly shall provide	15381
to the prosecuting attorney of the county in which the offender	15382
was indicted a copy of the petition, a copy of the institutional	15383
summary report, and any other information provided to the court.	15384
The department also promptly shall give notice of the filing of	15385
the petition to any victim of the offender or victim's	15386
representative of any victim of the offender who is registered	15387
with the office of victim's services.	15388

The department also shall post notice of the petition on the	15389
database it maintains under section 5120.66 of the Revised Code	15390
and include information on where a person may send comments	15391
regarding the petition.	15392

(F) Upon receipt of a petition for release of an offender	15393
submitted by the director under this section, the court may deny	15394
the petition without a hearing. The court shall not grant a	15395
petition for release of an offender without a hearing. If a court	15396
denies a petition for release of an offender without a hearing,	15397
the court may later consider release of that offender on a	15398
subsequent petition. The court shall enter its ruling within	15399
thirty days after the petition is filed.	15400

(G) If the court grants a hearing on a petition for release	15401
of an offender submitted under this section, the court shall	15402
notify the head of the state correctional institution in which the	15403
offender is confined of the hearing prior to the hearing. If the	15404
court makes a journal entry ordering the offender to be conveyed	15405
to the hearing, except as otherwise provided in this division, the	15406
head of the correctional institution shall deliver the offender to	15407
the sheriff of the county in which the hearing is to be held, and	15408
the sheriff shall convey the offender to and from the hearing.	15409
Upon the court's own motion or the motion of the offender or the	15410
prosecuting attorney of the county in which the offender was	15411
indicted, the court may permit the offender to appear at the	15412
hearing by video conferencing equipment if equipment of that	15413
nature is available and compatible.	15414

Upon receipt of notice from a court of a hearing on the	15415
release of an offender under this division, the head of the state	15416
correctional institution in which the offender is confined	15417
immediately shall notify the appropriate person at the department	15418
of rehabilitation and correction of the hearing, and the	15419
department within twenty-four hours after receipt of the notice	15420
shall post on the database it maintains pursuant to section	15421
5120.66 of the Revised Code the offender's name and all of the	15422
information specified in division (A)(1)(c)(i) of that section. If	15423
the court grants a hearing on a petition for release of an	15424
offender under this section, the court promptly shall give notice	15425
of the hearing to the prosecuting attorney of the county in which	15426
the offender was indicted. Upon receipt of the notice from the	15427
court, the prosecuting attorney shall notify pursuant to section	15428
2930.16 of the Revised Code any victim of the offender or the	15429
victim's representative of the hearing.	15430

(H) If the court grants a hearing on a petition for release	15431
of an offender under this section, at the hearing, the court shall	15432
afford the offender and the offender's attorney an opportunity to	15433
present written information and, if present, oral information	15434
relevant to the motion. The court shall afford a similar	15435
opportunity to the prosecuting attorney, victim or victim's	15436
representative, as defined in section 2930.01 of the Revised Code,	15437
and any other person the court determines is likely to present	15438
additional relevant information. If the court pursuant to division	15439
(G) of this section permits the offender to appear at the hearing	15440
by video conferencing equipment, the offender's opportunity to	15441
present oral information shall be as a part of the video	15442
conferencing. The court shall consider any statement of a victim	15443
made under section 2930.14 or 2930.17 of the Revised Code, any	15444
victim impact statement prepared under 2947.051 of the Revised	15445
Code, and any report, plan, and other documentation submitted by	15446
the director under division (D) of this section. After ruling on	15447
the motion, the court shall notify the victim in accordance with	15448
sections 2930.03 and 2930.16 of the Revised Code.	15449

(I) If the court grants a petition for release of an offender	15450
under this section, it shall order the release of the offender,	15451
shall place the offender under one or more appropriate community	15452
control sanctions, under appropriate conditions, and under the	15453
supervision of the department of probation that serves the court,	15454
and shall reserve the right to reimpose the sentence that it	15455
reduced and from which the offender was released if the offender	15456
violates the sanction. The court shall not make a release under	15457
this section effective prior to the date on which the offender has	15458
served at least eighty per cent of the offender's stated prison	15459
term that remains to be served after the offender becomes eligible	15460
as described in division (C) of this section. If the sentence	15461
under which the offender is confined in a state correctional	15462
institution and from which the offender is being released was	15463
imposed for a felony of the first or second degree, the court	15464
shall consider ordering that the offender be monitored by means of	15465
a global positioning device. If the court reimposes the sentence	15466
that it reduced and from which the offender was released and if	15467
the violation of the sanction is a new offense, the court may	15468
order that the reimposed sentence be served either concurrently	15469
with, or consecutive to, any new sentence imposed upon the	15470
offender as a result of the violation that is a new offense. The	15471
period of all community control sanctions imposed under this	15472
division shall not exceed five years. The court, in its	15473
discretion, may reduce the period of community control sanctions	15474
by the amount of time the offender spent in jail or prison for the	15475
offense.	15476

If the court grants a petition for release of an offender	15477
under this section, it shall notify the appropriate person at the	15478
department of rehabilitation and correction of the release, and	15479
the department shall post notice of the release on the database it	15480
maintains pursuant to section 5120.66 of the Revised Code.	15481

(J) The department shall adopt under Chapter 119. of the	15482
Revised Code any rules necessary to implement this section.	15483

Sec. 2967.193. (A)(1) Except as provided in division (C) of	15484
this section ~~or in section 2929.13, 2929.14, or 2967.13 of the~~	15485
~~Revised Code~~and subject to the maximum aggregate total specified	15486
in division (A)(2) of this section, a person confined in a state	15487
correctional institution may provisionally earn one day or five	15488
days of credit ~~as a deduction from~~, based on the category set	15489
forth in division (D)(1), (2), (3), (4), or (5) of this section in	15490
which the person is included, toward satisfaction of the person's	15491
stated prison term for each ~~full~~completed month during which the	15492
person productively participates in an education program,	15493
vocational training, employment in prison industries, treatment	15494
for substance abuse, ~~treatment as a sex offender,~~ or any other	15495
constructive program developed by the department with specific	15496
standards for performance by prisoners. Except as provided in	15497
division (C) of this section and subject to the maximum aggregate	15498
total specified in division (A)(2) of this section, a person so	15499
confined who successfully completes two programs or activities of	15500
that type may, in addition, provisionally earn up to five days of	15501
credit toward satisfaction of the person's stated prison term for	15502
the successful completion of the second program or activity. The	15503
person shall not be awarded any provisional days of credit for the	15504
successful completion of the first program or activity or for the	15505
successful completion of any program or activity that is completed	15506
after the second program or activity. At the end of each calendar	15507
month in which a prisoner productively participates in a program	15508
or activity listed in this division or successfully completes a	15509
program or activity listed in this division, the department of	15510
rehabilitation and correction shall ~~deduct one day from the date~~	15511
~~on which the prisoner's stated prison term will expire~~determine	15512
and record the total number of days credit that the prisoner	15513
provisionally earned in that calendar month. If the prisoner	15514
violates prison rules, the department may deny the prisoner a	15515
credit that otherwise could have been provisionally awarded to the	15516
prisoner or may withdraw one or more credits previously	15517
provisionally earned by the prisoner. Days of credit provisionally	15518
earned by a prisoner shall be finalized and awarded by the	15519
department subject to administrative review by the department of	15520
the prisoner's conduct.	15521

(2) The aggregate days of credit provisionally earned by a	15522
person for program or activity participation and program and	15523
activity completion under this section and the aggregate days of	15524
credit finally credited to a person under this section shall not	15525
exceed eight per cent of the total number of days in the person's	15526
stated prison term.	15527

~~If a prisoner is released before the expiration of the~~	15528
~~prisoner's stated prison term by reason of credit earned under~~	15529
~~this section, the department shall retain control of the prisoner~~	15530
~~by means of an appropriate post-release control sanction imposed~~	15531
~~by the parole board until the end of the stated prison term if the~~	15532
~~parole board imposes a post-release control sanction pursuant to~~	15533
~~section 2967.28 of the Revised Code. If the parole board is not~~	15534
~~required to impose a post-release control sanction under section~~	15535
~~2967.28 of the Revised Code, the parole board may elect not to~~	15536
~~impose a post-release control sanction on the prisoner.~~	15537

(B) The department of rehabilitation and correction shall	15538
adopt rules that specify the programs or activities for which	15539
credit may be earned under this section, the criteria for	15540
determining productive participation in, or completion of, the	15541
programs or activities and the criteria for awarding credit,	15542
including criteria for awarding additional credit for successful	15543
program or activity completion, and the criteria for denying or	15544
withdrawing previously provisionally earned credit as a result of	15545
a violation of prison rules.	15546

(C) No person ~~who~~confined in a state correctional	15547
institution to whom any of the following applies shall be awarded	15548
any days of credit under division (A) of this section:	15549

(1) The person is serving a prison term that section 2929.13	15550
or section 2929.14 of the Revised Code specifies cannot be reduced	15551
pursuant to this section or this Chapter or is serving a sentence	15552
for which section 2967.13 or division (B) of section 2929.143 of	15553
the Revised Code specifies that the person is not entitled to any	15554
earned credit under this section.	15555

(2) The person is sentenced to death or is serving a prison	15556
term or a term of life imprisonment for aggravated murder, murder,	15557
or a conspiracy or attempt to commit, or complicity in committing,	15558
aggravated murder or murder.	15559

(3) The person is serving a sentence of life imprisonment	15560
without parole imposed pursuant to section 2929.03 or 2929.06 of	15561
the Revised Code ~~or who is serving~~, a prison term or a term of	15562
life imprisonment without parole imposed pursuant to section	15563
2971.03 of the Revised Code ~~shall be awarded any days of credit~~	15564
~~under division (A) of this section~~, or a sentence for a sexually	15565
oriented offense that was committed on or after the effective date	15566
of this amendment.	15567

(D) This division does not apply to a determination of	15568
whether a person confined in a state correctional institution may	15569
earn any days of credit under division (A) of this section for	15570
successful completion of a second program or activity. The	15571
determination of whether a person confined in a state correctional	15572
institution may earn one day of credit or five days of credit	15573
under division (A) of this section for each completed month during	15574
which the person productively participates in a program or	15575
activity specified under that division shall be made in accordance	15576
with the following:	15577

(1) The offender may earn one day of credit under division	15578
(A) of this section, except as provided in division (C) of this	15579
section, if the most serious offense for which the offender is	15580
confined is any of the following that is a felony of the first or	15581
second degree:	15582

(a) A violation of division (A) of section 2903.04 or of	15583
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	15584
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	15585
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	15586
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	15587
of the Revised Code;	15588

(b) A conspiracy or attempt to commit, or complicity in	15589
committing, any other offense for which the maximum penalty is	15590
imprisonment for life or any offense listed in division (D)(1)(a)	15591
of this section.	15592

(2) The offender may earn one day of credit under division	15593
(A) of this section, except as provided in division (C) of this	15594
section, if the offender is serving a stated prison term that	15595
includes a prison term imposed for a sexually oriented offense	15596
that the offender committed prior to the effective date of this	15597
amendment.	15598

(3) The offender may earn one day of credit under division	15599
(A) of this section, except as provided in division (C) of this	15600
section, if the offender is serving a stated prison term that	15601
includes a prison term imposed for a felony other than carrying a	15602
concealed weapon an essential element of which is any conduct or	15603
failure to act expressly involving any deadly weapon or dangerous	15604
ordnance.	15605

(4) Except as provided in division (C) of this section, if	15606
the most serious offense for which the offender is confined is a	15607
felony of the first or second degree and divisions (D)(1), (2),	15608
and (3) of this section do not apply to the offender, the offender	15609
may earn one day of credit under division (A) of this section if	15610
the offender committed that offense prior to the effective date of	15611
this amendment, and the offender may earn five days of credit	15612
under division (A) of this section if the offender committed that	15613
offense on or after the effective date of this amendment.	15614

(5) Except as provided in division (C) of this section, if	15615
the most serious offense for which the offender is confined is a	15616
felony of the third, fourth, or fifth degree or an unclassified	15617
felony and neither division (D)(2) nor (3) of this section applies	15618
to the offender, the offender may earn one day of credit under	15619
division (A) of this section if the offender committed that	15620
offense prior to the effective date of this amendment, and the	15621
offender may earn five days of credit under division (A) of this	15622
section if the offender committed that offense on or after the	15623
effective date of this amendment.	15624

(E) If a court imposes a sentence including a prison term on	15625
or after the effective date of this amendment for a felony, and if	15626
the court is required to include notice of the type described in	15627
division (F)(3) of section 2929.14 of the Revised Code in the	15628
offender's sentence, the failure of the court to include the	15629
notice does not affect the eligibility of the offender under this	15630
section to earn any days of credit as a deduction from the	15631
offender's stated prison term or otherwise render any part of this	15632
section or any action taken under this section void or voidable	15633
and does not constitute grounds for setting aside the offender's	15634
conviction or sentence or for granting postconviction relief to	15635
the offender.	15636

(F) The department annually shall seek and consider the	15637
written feedback of the Ohio prosecuting attorneys association,	15638
the Ohio judicial conference, the Ohio public defender, the Ohio	15639
association of criminal defense lawyers, and other organizations	15640
and associations that have an interest in the operation of the	15641
corrections system and the earned credits program under this	15642
section as part of its evaluation of the program and in	15643
determining whether to modify the program.	15644

(G) As used in this section, "sexually oriented offense" has	15645
the same meaning as in section 2950.01 of the Revised Code.	15646

Sec. 2967.28. (A) As used in this section:

15647

(1) "Monitored time" means the monitored time sanction	15648
specified in section 2929.17 of the Revised Code.	15649

(2) "Deadly weapon" and "dangerous ordnance" have the same	15650
meanings as in section 2923.11 of the Revised Code.	15651

(3) "Felony sex offense" means a violation of a section	15652
contained in Chapter 2907. of the Revised Code that is a felony.	15653

(B) Each sentence to a prison term for a felony of the first	15654
degree, for a felony of the second degree, for a felony sex	15655
offense, or for a felony of the third degree that is not a felony	15656
sex offense and in the commission of which the offender caused or	15657
threatened to cause physical harm to a person shall include a	15658
requirement that the offender be subject to a period of	15659
post-release control imposed by the parole board after the	15660
offender's release from imprisonment. If a court imposes a	15661
sentence including a prison term of a type described in this	15662
division on or after July 11, 2006, the failure of a sentencing	15663
court to notify the offender pursuant to division (B)~~(3)~~(2)(c) of	15664
section 2929.19 of the Revised Code of this requirement or to	15665
include in the judgment of conviction entered on the journal a	15666
statement that the offender's sentence includes this requirement	15667
does not negate, limit, or otherwise affect the mandatory period	15668
of supervision that is required for the offender under this	15669
division. Section 2929.191 of the Revised Code applies if, prior	15670
to July 11, 2006, a court imposed a sentence including a prison	15671
term of a type described in this division and failed to notify the	15672
offender pursuant to division (B)~~(3)~~(2)(c) of section 2929.19 of	15673
the Revised Code regarding post-release control or to include in	15674
the judgment of conviction entered on the journal or in the	15675
sentence pursuant to division ~~(F)~~(D)(1) of section 2929.14 of the	15676
Revised Code a statement regarding post-release control. Unless	15677
reduced by the parole board pursuant to division (D) of this	15678
section when authorized under that division, a period of	15679
post-release control required by this division for an offender	15680
shall be of one of the following periods:	15681

(1) For a felony of the first degree or for a felony sex	15682
offense, five years;	15683

(2) For a felony of the second degree that is not a felony	15684
sex offense, three years;	15685

(3) For a felony of the third degree that is not a felony sex	15686
offense and in the commission of which the offender caused or	15687
threatened physical harm to a person, three years.	15688

(C) Any sentence to a prison term for a felony of the third,	15689
fourth, or fifth degree that is not subject to division (B)(1) or	15690
(3) of this section shall include a requirement that the offender	15691
be subject to a period of post-release control of up to three	15692
years after the offender's release from imprisonment, if the	15693
parole board, in accordance with division (D) of this section,	15694
determines that a period of post-release control is necessary for	15695
that offender. Section 2929.191 of the Revised Code applies if,	15696
prior to July 11, 2006, a court imposed a sentence including a	15697
prison term of a type described in this division and failed to	15698
notify the offender pursuant to division (B)~~(3)~~(2)(d) of section	15699
2929.19 of the Revised Code regarding post-release control or to	15700
include in the judgment of conviction entered on the journal or in	15701
the sentence pursuant to division ~~(F)~~(D)(2) of section 2929.14 of	15702
the Revised Code a statement regarding post-release control.	15703
Pursuant to an agreement entered into under section 2967.29 of the	15704
Revised Code, a court of common pleas or parole board may impose	15705
sanctions or conditions on an offender who is placed on	15706
post-release control under this division.	15707

(D)(1) Before the prisoner is released from imprisonment, the	15708
parole board or, pursuant to an agreement under section 2967.29 of	15709
the Revised Code, the court shall impose upon a prisoner described	15710
in division (B) of this section, may impose upon a prisoner	15711
described in division (C) of this section, and shall impose upon a	15712
prisoner described in division (B)(2)(b) of section 5120.031 or in	15713
division (B)(1) of section 5120.032 of the Revised Code, one or	15714
more post-release control sanctions to apply during the prisoner's	15715
period of post-release control. Whenever the board or court	15716
imposes one or more post-release control sanctions upon a	15717
prisoner, the board or court, in addition to imposing the	15718
sanctions, also shall include as a condition of the post-release	15719
control that the offender not leave the state without permission	15720
of the court or the offender's parole or probation officer and	15721
that the offender abide by the law. The board or court may impose	15722
any other conditions of release under a post-release control	15723
sanction that the board or court considers appropriate, and the	15724
conditions of release may include any community residential	15725
sanction, community nonresidential sanction, or financial sanction	15726
that the sentencing court was authorized to impose pursuant to	15727
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	15728
to the release of a prisoner for whom it will impose one or more	15729
post-release control sanctions under this division, the parole	15730
board or court shall review the prisoner's criminal history,	15731
results from the single validated risk assessment tool selected by	15732
the department of rehabilitation and correction under section	15733
5120.114 of the Revised Code, all juvenile court adjudications	15734
finding the prisoner, while a juvenile, to be a delinquent child,	15735
and the record of the prisoner's conduct while imprisoned. The	15736
parole board or court shall consider any recommendation regarding	15737
post-release control sanctions for the prisoner made by the office	15738
of victims' services. After considering those materials, the board	15739
or court shall determine, for a prisoner described in division (B)	15740
of this section, division (B)(2)(b) of section 5120.031, or	15741
division (B)(1) of section 5120.032 of the Revised Code, which	15742
post-release control sanction or combination of post-release	15743
control sanctions is reasonable under the circumstances or, for a	15744
prisoner described in division (C) of this section, whether a	15745
post-release control sanction is necessary and, if so, which	15746
post-release control sanction or combination of post-release	15747
control sanctions is reasonable under the circumstances. In the	15748
case of a prisoner convicted of a felony of the fourth or fifth	15749
degree other than a felony sex offense, the board or court shall	15750
presume that monitored time is the appropriate post-release	15751
control sanction unless the board or court determines that a more	15752
restrictive sanction is warranted. A post-release control sanction	15753
imposed under this division takes effect upon the prisoner's	15754
release from imprisonment.	15755

Regardless of whether the prisoner was sentenced to the	15756
prison term prior to, on, or after July 11, 2006, prior to the	15757
release of a prisoner for whom it will impose one or more	15758
post-release control sanctions under this division, the parole	15759
board shall notify the prisoner that, if the prisoner violates any	15760
sanction so imposed or any condition of post-release control	15761
described in division (B) of section 2967.131 of the Revised Code	15762
that is imposed on the prisoner, the parole board may impose a	15763
prison term of up to one-half of the stated prison term originally	15764
imposed upon the prisoner.	15765

(2) If a prisoner who is placed on post-release control under	15766
this section is released before the expiration of the prisoner's	15767
stated prison term by reason of credit earned under section	15768
2967.193 of the Revised Code and if the prisoner earned sixty or	15769
more days of credit, the adult parole authority shall supervise	15770
the offender with an active global positioning system device for	15771
the first fourteen days after the offender's release from	15772
imprisonment. This division does not prohibit or limit the	15773
imposition of any post-release control sanction otherwise	15774
authorized by this section.	15775

(3) At any time after a prisoner is released from	15776
imprisonment and during the period of post-release control	15777
applicable to the releasee, the adult parole authority or,	15778
pursuant to an agreement under section 2967.29 of the Revised	15779
Code, the court may review the releasee's behavior under the	15780
post-release control sanctions imposed upon the releasee under	15781
this section. The authority or court may determine, based upon the	15782
review and in accordance with the standards established under	15783
division (E) of this section, that a more restrictive or a less	15784
restrictive sanction is appropriate and may impose a different	15785
sanction. The authority also may recommend that the parole board	15786
or court increase or reduce the duration of the period of	15787
post-release control imposed by the court. If the authority	15788
recommends that the board or court increase the duration of	15789
post-release control, the board or court shall review the	15790
releasee's behavior and may increase the duration of the period of	15791
post-release control imposed by the court up to eight years. If	15792
the authority recommends that the board or court reduce the	15793
duration of control for an offense described in division (B) or	15794
(C) of this section, the board or court shall review the	15795
releasee's behavior and may reduce the duration of the period of	15796
control imposed by the court. In no case shall the board or court	15797
reduce the duration of the period of control imposed for an	15798
offense described in division (B)(1) of this section to a period	15799
less than the length of the stated prison term originally imposed,	15800
and in no case shall the board or court permit the releasee to	15801
leave the state without permission of the court or the releasee's	15802
parole or probation officer.	15803

(E) The department of rehabilitation and correction, in	15804
accordance with Chapter 119. of the Revised Code, shall adopt	15805
rules that do all of the following:	15806

(1) Establish standards for the imposition by the parole	15807
board of post-release control sanctions under this section that	15808
are consistent with the overriding purposes and sentencing	15809
principles set forth in section 2929.11 of the Revised Code and	15810
that are appropriate to the needs of releasees;	15811

(2) Establish standards by which the parole board can	15812
determine which prisoners described in division (C) of this	15813
section should be placed under a period of post-release control;	15814

(3) Establish standards to be used by the parole board in	15815
reducing the duration of the period of post-release control	15816
imposed by the court when authorized under division (D) of this	15817
section, in imposing a more restrictive post-release control	15818
sanction than monitored time upon a prisoner convicted of a felony	15819
of the fourth or fifth degree other than a felony sex offense, or	15820
in imposing a less restrictive control sanction upon a releasee	15821
based on the releasee's activities including, but not limited to,	15822
remaining free from criminal activity and from the abuse of	15823
alcohol or other drugs, successfully participating in approved	15824
rehabilitation programs, maintaining employment, and paying	15825
restitution to the victim or meeting the terms of other financial	15826
sanctions;	15827

(4) Establish standards to be used by the adult parole	15828
authority in modifying a releasee's post-release control sanctions	15829
pursuant to division (D)(2) of this section;	15830

(5) Establish standards to be used by the adult parole	15831
authority or parole board in imposing further sanctions under	15832
division (F) of this section on releasees who violate post-release	15833
control sanctions, including standards that do the following:	15834

(a) Classify violations according to the degree of	15835
seriousness;	15836

(b) Define the circumstances under which formal action by the	15837
parole board is warranted;	15838

15839

(d) Ensure procedural due process to an alleged violator;

15840

(e) Prescribe nonresidential community control sanctions for	15841
most misdemeanor and technical violations;	15842

(f) Provide procedures for the return of a releasee to	15843
imprisonment for violations of post-release control.	15844

(F)(1) Whenever the parole board imposes one or more	15845
post-release control sanctions upon an offender under this	15846
section, the offender upon release from imprisonment shall be	15847
under the general jurisdiction of the adult parole authority and	15848
generally shall be supervised by the field services section	15849
through its staff of parole and field officers as described in	15850
section 5149.04 of the Revised Code, as if the offender had been	15851
placed on parole. If the offender upon release from imprisonment	15852
violates the post-release control sanction or any conditions	15853
described in division (A) of section 2967.131 of the Revised Code	15854
that are imposed on the offender, the public or private person or	15855
entity that operates or administers the sanction or the program or	15856
activity that comprises the sanction shall report the violation	15857
directly to the adult parole authority or to the officer of the	15858
authority who supervises the offender. The authority's officers	15859
may treat the offender as if the offender were on parole and in	15860
violation of the parole, and otherwise shall comply with this	15861
section.	15862

(2) If the adult parole authority or, pursuant to an	15863
agreement under section 2967.29 of the Revised Code, the court	15864
determines that a releasee has violated a post-release control	15865
sanction or any conditions described in division (A) of section	15866
2967.131 of the Revised Code imposed upon the releasee and that a	15867
more restrictive sanction is appropriate, the authority or court	15868
may impose a more restrictive sanction upon the releasee, in	15869
accordance with the standards established under division (E) of	15870
this section or in accordance with the agreement made under	15871
section 2967.29 of the Revised Code, or may report the violation	15872
to the parole board for a hearing pursuant to division (F)(3) of	15873
this section. The authority or court may not, pursuant to this	15874
division, increase the duration of the releasee's post-release	15875
control or impose as a post-release control sanction a residential	15876
sanction that includes a prison term, but the authority or court	15877
may impose on the releasee any other residential sanction,	15878
nonresidential sanction, or financial sanction that the sentencing	15879
court was authorized to impose pursuant to sections 2929.16,	15880
2929.17, and 2929.18 of the Revised Code.	15881

(3) The parole board or, pursuant to an agreement under	15882
section 2967.29 of the Revised Code, the court may hold a hearing	15883
on any alleged violation by a releasee of a post-release control	15884
sanction or any conditions described in division (A) of section	15885
2967.131 of the Revised Code that are imposed upon the releasee.	15886
If after the hearing the board or court finds that the releasee	15887
violated the sanction or condition, the board or court may	15888
increase the duration of the releasee's post-release control up to	15889
the maximum duration authorized by division (B) or (C) of this	15890
section or impose a more restrictive post-release control	15891
sanction. When appropriate, the board or court may impose as a	15892
post-release control sanction a residential sanction that includes	15893
a prison term. The board or court shall consider a prison term as	15894
a post-release control sanction imposed for a violation of	15895
post-release control when the violation involves a deadly weapon	15896
or dangerous ordnance, physical harm or attempted serious physical	15897
harm to a person, or sexual misconduct, or when the releasee	15898
committed repeated violations of post-release control sanctions.	15899
Unless a releasee's stated prison term was reduced pursuant to	15900
section 5120.032 of the Revised Code, the period of a prison term	15901
that is imposed as a post-release control sanction under this	15902
division shall not exceed nine months, and the maximum cumulative	15903
prison term for all violations under this division shall not	15904
exceed one-half of the stated prison term originally imposed upon	15905
the offender as part of this sentence. If a releasee's stated	15906
prison term was reduced pursuant to section 5120.032 of the	15907
Revised Code, the period of a prison term that is imposed as a	15908
post-release control sanction under this division and the maximum	15909
cumulative prison term for all violations under this division	15910
shall not exceed the period of time not served in prison under the	15911
sentence imposed by the court. The period of a prison term that is	15912
imposed as a post-release control sanction under this division	15913
shall not count as, or be credited toward, the remaining period of	15914
post-release control.	15915

If an offender is imprisoned for a felony committed while	15916
under post-release control supervision and is again released on	15917
post-release control for a period of time determined by division	15918
(F)(4)(d) of this section, the maximum cumulative prison term for	15919
all violations under this division shall not exceed one-half of	15920
the total stated prison terms of the earlier felony, reduced by	15921
any prison term administratively imposed by the parole board or	15922
court, plus one-half of the total stated prison term of the new	15923
felony.	15924

(4) Any period of post-release control shall commence upon an	15925
offender's actual release from prison. If an offender is serving	15926
an indefinite prison term or a life sentence in addition to a	15927
stated prison term, the offender shall serve the period of	15928
post-release control in the following manner:	15929

(a) If a period of post-release control is imposed upon the	15930
offender and if the offender also is subject to a period of parole	15931
under a life sentence or an indefinite sentence, and if the period	15932
of post-release control ends prior to the period of parole, the	15933
offender shall be supervised on parole. The offender shall receive	15934
credit for post-release control supervision during the period of	15935
parole. The offender is not eligible for final release under	15936
section 2967.16 of the Revised Code until the post-release control	15937
period otherwise would have ended.	15938

(b) If a period of post-release control is imposed upon the	15939
offender and if the offender also is subject to a period of parole	15940
under an indefinite sentence, and if the period of parole ends	15941
prior to the period of post-release control, the offender shall be	15942
supervised on post-release control. The requirements of parole	15943
supervision shall be satisfied during the post-release control	15944
period.	15945

(c) If an offender is subject to more than one period of	15946
post-release control, the period of post-release control for all	15947
of the sentences shall be the period of post-release control that	15948
expires last, as determined by the parole board or court. Periods	15949
of post-release control shall be served concurrently and shall not	15950
be imposed consecutively to each other.	15951

(d) The period of post-release control for a releasee who	15952
commits a felony while under post-release control for an earlier	15953
felony shall be the longer of the period of post-release control	15954
specified for the new felony under division (B) or (C) of this	15955
section or the time remaining under the period of post-release	15956
control imposed for the earlier felony as determined by the parole	15957
board or court.	15958

Sec. 2971.03. (A) Notwithstanding divisions (A)~~, (B), (C),~~	15959
and ~~(F)~~(D) of section 2929.14, section 2929.02, 2929.03, 2929.06,	15960
2929.13, or another section of the Revised Code, other than	15961
divisions ~~(D)~~(B) and ~~(E)~~(C) of section 2929.14 of the Revised	15962
Code, that authorizes or requires a specified prison term or a	15963
mandatory prison term for a person who is convicted of or pleads	15964
guilty to a felony or that specifies the manner and place of	15965
service of a prison term or term of imprisonment, the court shall	15966
impose a sentence upon a person who is convicted of or pleads	15967
guilty to a violent sex offense and who also is convicted of or	15968
pleads guilty to a sexually violent predator specification that	15969
was included in the indictment, count in the indictment, or	15970
information charging that offense, and upon a person who is	15971
convicted of or pleads guilty to a designated homicide, assault,	15972
or kidnapping offense and also is convicted of or pleads guilty to	15973
both a sexual motivation specification and a sexually violent	15974
predator specification that were included in the indictment, count	15975
in the indictment, or information charging that offense, as	15976
follows:	15977

(1) If the offense for which the sentence is being imposed is	15978
aggravated murder and if the court does not impose upon the	15979
offender a sentence of death, it shall impose upon the offender a	15980
term of life imprisonment without parole. If the court sentences	15981
the offender to death and the sentence of death is vacated,	15982
overturned, or otherwise set aside, the court shall impose upon	15983
the offender a term of life imprisonment without parole.	15984

(2) If the offense for which the sentence is being imposed is	15985
murder; or if the offense is rape committed in violation of	15986
division (A)(1)(b) of section 2907.02 of the Revised Code when the	15987
offender purposely compelled the victim to submit by force or	15988
threat of force, when the victim was less than ten years of age,	15989
when the offender previously has been convicted of or pleaded	15990
guilty to either rape committed in violation of that division or a	15991
violation of an existing or former law of this state, another	15992
state, or the United States that is substantially similar to	15993
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	15994
the offender during or immediately after the commission of the	15995
rape caused serious physical harm to the victim; or if the offense	15996
is an offense other than aggravated murder or murder for which a	15997
term of life imprisonment may be imposed, it shall impose upon the	15998
offender a term of life imprisonment without parole.	15999

(3)(a) Except as otherwise provided in division (A)(3)(b),	16000
(c), (d), or (e) or (A)(4) of this section, if the offense for	16001
which the sentence is being imposed is an offense other than	16002
aggravated murder, murder, or rape and other than an offense for	16003
which a term of life imprisonment may be imposed, it shall impose	16004
an indefinite prison term consisting of a minimum term fixed by	16005
the court from among the range of terms available as a definite	16006
term for the offense, but not less than two years, and a maximum	16007
term of life imprisonment.	16008

(b) Except as otherwise provided in division (A)(4) of this	16009
section, if the offense for which the sentence is being imposed is	16010
kidnapping that is a felony of the first degree, it shall impose	16011
an indefinite prison term as follows:	16012

(i) If the kidnapping is committed on or after ~~the effective~~	16013
~~date of this amendment~~January 1, 2008, and the victim of the	16014
offense is less than thirteen years of age, except as otherwise	16015
provided in this division, it shall impose an indefinite prison	16016
term consisting of a minimum term of fifteen years and a maximum	16017
term of life imprisonment. If the kidnapping is committed on or	16018
after ~~the effective date of this amendment~~January 1, 2008, the	16019
victim of the offense is less than thirteen years of age, and the	16020
offender released the victim in a safe place unharmed, it shall	16021
impose an indefinite prison term consisting of a minimum term of	16022
ten years and a maximum term of life imprisonment.	16023

(ii) If the kidnapping is committed prior to ~~the effective~~	16024
~~date of this amendment~~January 1, 2008, or division (A)(3)(b)(i)	16025
of this section does not apply, it shall impose an indefinite term	16026
consisting of a minimum term fixed by the court that is not less	16027
than ten years and a maximum term of life imprisonment.	16028

(c) Except as otherwise provided in division (A)(4) of this	16029
section, if the offense for which the sentence is being imposed is	16030
kidnapping that is a felony of the second degree, it shall impose	16031
an indefinite prison term consisting of a minimum term fixed by	16032
the court that is not less than eight years, and a maximum term of	16033
life imprisonment.	16034

(d) Except as otherwise provided in division (A)(4) of this	16035
section, if the offense for which the sentence is being imposed is	16036
rape for which a term of life imprisonment is not imposed under	16037
division (A)(2) of this section or division (B) of section 2907.02	16038
of the Revised Code, it shall impose an indefinite prison term as	16039
follows:	16040

(i) If the rape is committed on or after January 2, 2007, in	16041
violation of division (A)(1)(b) of section 2907.02 of the Revised	16042
Code, it shall impose an indefinite prison term consisting of a	16043
minimum term of twenty-five years and a maximum term of life	16044
imprisonment.	16045

(ii) If the rape is committed prior to January 2, 2007, or	16046
the rape is committed on or after January 2, 2007, other than in	16047
violation of division (A)(1)(b) of section 2907.02 of the Revised	16048
Code, it shall impose an indefinite prison term consisting of a	16049
minimum term fixed by the court that is not less than ten years,	16050
and a maximum term of life imprisonment.	16051

(e) Except as otherwise provided in division (A)(4) of this	16052
section, if the offense for which sentence is being imposed is	16053
attempted rape, it shall impose an indefinite prison term as	16054
follows:	16055

(i) Except as otherwise provided in division (A)(3)(e)(ii),	16056
(iii), or (iv) of this section, it shall impose an indefinite	16057
prison term pursuant to division (A)(3)(a) of this section.	16058

(ii) If the attempted rape for which sentence is being	16059
imposed was committed on or after January 2, 2007, and if the	16060
offender also is convicted of or pleads guilty to a specification	16061
of the type described in section 2941.1418 of the Revised Code, it	16062
shall impose an indefinite prison term consisting of a minimum	16063
term of five years and a maximum term of twenty-five years.	16064

(iii) If the attempted rape for which sentence is being	16065
imposed was committed on or after January 2, 2007, and if the	16066
offender also is convicted of or pleads guilty to a specification	16067
of the type described in section 2941.1419 of the Revised Code, it	16068
shall impose an indefinite prison term consisting of a minimum	16069
term of ten years and a maximum of life imprisonment.	16070

(iv) If the attempted rape for which sentence is being	16071
imposed was committed on or after January 2, 2007, and if the	16072
offender also is convicted of or pleads guilty to a specification	16073
of the type described in section 2941.1420 of the Revised Code, it	16074
shall impose an indefinite prison term consisting of a minimum	16075
term of fifteen years and a maximum of life imprisonment.	16076

(4) For any offense for which the sentence is being imposed,	16077
if the offender previously has been convicted of or pleaded guilty	16078
to a violent sex offense and also to a sexually violent predator	16079
specification that was included in the indictment, count in the	16080
indictment, or information charging that offense, or previously	16081
has been convicted of or pleaded guilty to a designated homicide,	16082
assault, or kidnapping offense and also to both a sexual	16083
motivation specification and a sexually violent predator	16084
specification that were included in the indictment, count in the	16085
indictment, or information charging that offense, it shall impose	16086
upon the offender a term of life imprisonment without parole.	16087

(B)(1) Notwithstanding section 2929.13, division (A)~~, (B),~~	16088
~~(C),~~ or ~~(F)~~(D) of section 2929.14, or another section of the	16089
Revised Code other than division (B) of section 2907.02 or	16090
divisions ~~(D)~~(B) and ~~(E)~~(C) of section 2929.14 of the Revised Code	16091
that authorizes or requires a specified prison term or a mandatory	16092
prison term for a person who is convicted of or pleads guilty to a	16093
felony or that specifies the manner and place of service of a	16094
prison term or term of imprisonment, if a person is convicted of	16095
or pleads guilty to a violation of division (A)(1)(b) of section	16096
2907.02 of the Revised Code committed on or after January 2, 2007,	16097
if division (A) of this section does not apply regarding the	16098
person, and if the court does not impose a sentence of life	16099
without parole when authorized pursuant to division (B) of section	16100
2907.02 of the Revised Code, the court shall impose upon the	16101
person an indefinite prison term consisting of one of the	16102
following:	16103

(a) Except as otherwise required in division (B)(1)(b) or (c)	16104
of this section, a minimum term of ten years and a maximum term of	16105
life imprisonment.	16106

(b) If the victim was less than ten years of age, a minimum	16107
term of fifteen years and a maximum of life imprisonment.	16108

(c) If the offender purposely compels the victim to submit by	16109
force or threat of force, or if the offender previously has been	16110
convicted of or pleaded guilty to violating division (A)(1)(b) of	16111
section 2907.02 of the Revised Code or to violating an existing or	16112
former law of this state, another state, or the United States that	16113
is substantially similar to division (A)(1)(b) of that section, or	16114
if the offender during or immediately after the commission of the	16115
offense caused serious physical harm to the victim, a minimum term	16116
of twenty-five years and a maximum of life imprisonment.	16117

(2) Notwithstanding section 2929.13, division (A)~~, (B), (C),~~	16118
or ~~(F)~~(D) of section 2929.14, or another section of the Revised	16119
Code other than divisions ~~(D)~~(B) and ~~(E)~~(C) of section 2929.14 of	16120
the Revised Code that authorizes or requires a specified prison	16121
term or a mandatory prison term for a person who is convicted of	16122
or pleads guilty to a felony or that specifies the manner and	16123
place of service of a prison term or term of imprisonment and	16124
except as otherwise provided in division (B) of section 2907.02 of	16125
the Revised Code, if a person is convicted of or pleads guilty to	16126
attempted rape committed on or after January 2, 2007, and if	16127
division (A) of this section does not apply regarding the person,	16128
the court shall impose upon the person an indefinite prison term	16129
consisting of one of the following:	16130

(a) If the person also is convicted of or pleads guilty to a	16131
specification of the type described in section 2941.1418 of the	16132
Revised Code, the court shall impose upon the person an indefinite	16133
prison term consisting of a minimum term of five years and a	16134
maximum term of twenty-five years.	16135

(b) If the person also is convicted of or pleads guilty to a	16136
specification of the type described in section 2941.1419 of the	16137
Revised Code, the court shall impose upon the person an indefinite	16138
prison term consisting of a minimum term of ten years and a	16139
maximum term of life imprisonment.	16140

(c) If the person also is convicted of or pleads guilty to a	16141
specification of the type described in section 2941.1420 of the	16142
Revised Code, the court shall impose upon the person an indefinite	16143
prison term consisting of a minimum term of fifteen years and a	16144
maximum term of life imprisonment.	16145

(3) Notwithstanding section 2929.13, division (A)~~, (B), (C),~~	16146
or ~~(F)~~(D) of section 2929.14, or another section of the Revised	16147
Code other than divisions ~~(D)~~(B) and ~~(E)~~(C) of section 2929.14 of	16148
the Revised Code that authorizes or requires a specified prison	16149
term or a mandatory prison term for a person who is convicted of	16150
or pleads guilty to a felony or that specifies the manner and	16151
place of service of a prison term or term of imprisonment, if a	16152
person is convicted of or pleads guilty to an offense described in	16153
division (B)(3)(a), (b), (c), or (d) of this section committed on	16154
or after ~~the effective date of this amendment~~January 1, 2008, if	16155
the person also is convicted of or pleads guilty to a sexual	16156
motivation specification that was included in the indictment,	16157
count in the indictment, or information charging that offense, and	16158
if division (A) of this section does not apply regarding the	16159
person, the court shall impose upon the person an indefinite	16160
prison term consisting of one of the following:	16161

(a) An indefinite prison term consisting of a minimum of ten	16162
years and a maximum term of life imprisonment if the offense for	16163
which the sentence is being imposed is kidnapping, the victim of	16164
the offense is less than thirteen years of age, and the offender	16165
released the victim in a safe place unharmed;	16166

(b) An indefinite prison term consisting of a minimum of	16167
fifteen years and a maximum term of life imprisonment if the	16168
offense for which the sentence is being imposed is kidnapping when	16169
the victim of the offense is less than thirteen years of age and	16170
division (B)(3)(a) of this section does not apply;	16171

(c) An indefinite term consisting of a minimum of thirty	16172
years and a maximum term of life imprisonment if the offense for	16173
which the sentence is being imposed is aggravated murder, when the	16174
victim of the offense is less than thirteen years of age, a	16175
sentence of death or life imprisonment without parole is not	16176
imposed for the offense, and division (A)(2)(b)(ii) of section	16177
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	16178
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	16179
division (A) or (B) of section 2929.06 of the Revised Code	16180
requires that the sentence for the offense be imposed pursuant to	16181
this division;	16182

(d) An indefinite prison term consisting of a minimum of	16183
thirty years and a maximum term of life imprisonment if the	16184
offense for which the sentence is being imposed is murder when the	16185
victim of the offense is less than thirteen years of age.	16186

(C)(1) If the offender is sentenced to a prison term pursuant	16187
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	16188
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	16189
board shall have control over the offender's service of the term	16190
during the entire term unless the parole board terminates its	16191
control in accordance with section 2971.04 of the Revised Code.	16192

(2) Except as provided in division (C)(3) of this section, an	16193
offender sentenced to a prison term or term of life imprisonment	16194
without parole pursuant to division (A) of this section shall	16195
serve the entire prison term or term of life imprisonment in a	16196
state correctional institution. The offender is not eligible for	16197
judicial release under section 2929.20 of the Revised Code.	16198

(3) For a prison term imposed pursuant to division (A)(3),	16199
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	16200
(c), or (d) of this section, the court, in accordance with section	16201
2971.05 of the Revised Code, may terminate the prison term or	16202
modify the requirement that the offender serve the entire term in	16203
a state correctional institution if all of the following apply:	16204

(a) The offender has served at least the minimum term imposed	16205
as part of that prison term.	16206

(b) The parole board, pursuant to section 2971.04 of the	16207
Revised Code, has terminated its control over the offender's	16208
service of that prison term.	16209

(c) The court has held a hearing and found, by clear and	16210
convincing evidence, one of the following:	16211

(i) In the case of termination of the prison term, that the	16212
offender is unlikely to commit a sexually violent offense in the	16213
future;	16214

(ii) In the case of modification of the requirement, that the	16215
offender does not represent a substantial risk of physical harm to	16216
others.	16217

(4) An offender who has been sentenced to a term of life	16218
imprisonment without parole pursuant to division (A)(1), (2), or	16219
(4) of this section shall not be released from the term of life	16220
imprisonment or be permitted to serve a portion of it in a place	16221
other than a state correctional institution.	16222

(D) If a court sentences an offender to a prison term or term	16223
of life imprisonment without parole pursuant to division (A) of	16224
this section and the court also imposes on the offender one or	16225
more additional prison terms pursuant to division ~~(D)~~(B) of	16226
section 2929.14 of the Revised Code, all of the additional prison	16227
terms shall be served consecutively with, and prior to, the prison	16228
term or term of life imprisonment without parole imposed upon the	16229
offender pursuant to division (A) of this section.	16230

(E) If the offender is convicted of or pleads guilty to two	16231
or more offenses for which a prison term or term of life	16232
imprisonment without parole is required to be imposed pursuant to	16233
division (A) of this section, divisions (A) to (D) of this section	16234
shall be applied for each offense. All minimum terms imposed upon	16235
the offender pursuant to division (A)(3) or (B) of this section	16236
for those offenses shall be aggregated and served consecutively,	16237
as if they were a single minimum term imposed under that division.	16238

(F)(1) If an offender is convicted of or pleads guilty to a	16239
violent sex offense and also is convicted of or pleads guilty to a	16240
sexually violent predator specification that was included in the	16241
indictment, count in the indictment, or information charging that	16242
offense, or is convicted of or pleads guilty to a designated	16243
homicide, assault, or kidnapping offense and also is convicted of	16244
or pleads guilty to both a sexual motivation specification and a	16245
sexually violent predator specification that were included in the	16246
indictment, count in the indictment, or information charging that	16247
offense, the conviction of or plea of guilty to the offense and	16248
the sexually violent predator specification automatically	16249
classifies the offender as a tier III sex offender/child-victim	16250
offender for purposes of Chapter 2950. of the Revised Code.	16251

(2) If an offender is convicted of or pleads guilty to	16252
committing on or after January 2, 2007, a violation of division	16253
(A)(1)(b) of section 2907.02 of the Revised Code and either the	16254
offender is sentenced under section 2971.03 of the Revised Code or	16255
a sentence of life without parole is imposed under division (B) of	16256
section 2907.02 of the Revised Code, the conviction of or plea of	16257
guilty to the offense automatically classifies the offender as a	16258
tier III sex offender/child-victim offender for purposes of	16259
Chapter 2950. of the Revised Code.	16260

(3) If a person is convicted of or pleads guilty to	16261
committing on or after January 2, 2007, attempted rape and also is	16262
convicted of or pleads guilty to a specification of the type	16263
described in section 2941.1418, 2941.1419, or 2941.1420 of the	16264
Revised Code, the conviction of or plea of guilty to the offense	16265
and the specification automatically classify the offender as a	16266
tier III sex offender/child-victim offender for purposes of	16267
Chapter 2950. of the Revised Code.	16268

(4) If a person is convicted of or pleads guilty to one of	16269
the offenses described in division (B)(3)(a), (b), (c), or (d) of	16270
this section and a sexual motivation specification related to the	16271
offense and the victim of the offense is less than thirteen years	16272
of age, the conviction of or plea of guilty to the offense	16273
automatically classifies the offender as a tier III sex	16274
offender/child-victim offender for purposes of Chapter 2950. of	16275
the Revised Code.	16276

Sec. 2981.07. (A) No person shall destroy, damage, remove, or	16277
transfer property that is subject to forfeiture or otherwise take	16278
any action in regard to property that is subject to forfeiture	16279
with purpose to do any of the following:	16280

(1) Prevent or impair the state's or political subdivision's	16281
lawful authority to take the property into its custody or control	16282
under this chapter or to continue holding the property under its	16283
lawful custody or control;	16284

(2) Impair or defeat the court's continuing jurisdiction over	16285
the person and property;	16286

(3) Devalue property that the person knows, or has reasonable	16287
cause to believe, is subject to forfeiture proceedings under this	16288
chapter.	16289

(B)(1) Whoever violates this section is guilty of	16290
interference with or diminishing forfeitable property.	16291

(2) Except as otherwise provided in divisions (B)(3), (4),	16292
and (5) of this section, interference with or diminishing	16293
forfeitable property is a misdemeanor of the first degree.	16294

(3) If the value of the property is ~~five hundred~~one thousand	16295
dollars or more but less than ~~five~~seven thousand five hundred	16296
dollars, interference with or diminishing forfeitable property is	16297
a felony of the fifth degree.	16298

(4) If the value of the property is ~~five~~seven thousand five	16299
hundred dollars or more but less than one hundred fifty thousand	16300
dollars, interference with or diminishing forfeitable property is	16301
a felony of the fourth degree.	16302

(5) If the value of the property is one hundred fifty	16303
thousand dollars or more, interference with or diminishing	16304
forfeitable property is a felony of the third degree.	16305

Sec. 3719.99. (A) Whoever violates section 3719.16 or	16306
3719.161 of the Revised Code is guilty of a felony of the fifth	16307
degree. If the offender previously has been convicted of a	16308
violation of section 3719.16 or 3719.161 of the Revised Code or a	16309
drug abuse offense, a violation of section 3719.16 or 3719.161 of	16310
the Revised Code is a felony of the fourth degree. If the	16311
violation involves the sale, offer to sell, or possession of a	16312
schedule I or II controlled substance, with the exception of	16313
marihuana, and if the offender, as a result of the violation, is a	16314
major drug offender, division (D) of this section applies.	16315

(B) Whoever violates division (C) or (D) of section 3719.172	16316
of the Revised Code is guilty of a felony of the fifth degree. If	16317
the offender previously has been convicted of a violation of	16318
division (C) or (D) of section 3719.172 of the Revised Code or a	16319
drug abuse offense, a violation of division (C) or (D) of section	16320
3719.172 of the Revised Code is a felony of the fourth degree. If	16321
the violation involves the sale, offer to sell, or possession of a	16322
schedule I or II controlled substance, with the exception of	16323
marihuana, and if the offender, as a result of the violation, is a	16324
major drug offender, division (D) of this section applies.	16325

(C) Whoever violates section 3719.07 or 3719.08 of the	16326
Revised Code is guilty of a misdemeanor of the first degree. If	16327
the offender previously has been convicted of a violation of	16328
section 3719.07 or 3719.08 of the Revised Code or a drug abuse	16329
offense, a violation of section 3719.07 or 3719.08 of the Revised	16330
Code is a felony of the fifth degree. If the violation involves	16331
the sale, offer to sell, or possession of a schedule I or II	16332
controlled substance, with the exception of marihuana, and if the	16333
offender, as a result of the violation, is a major drug offender,	16334
division (D) of this section applies.	16335

(D)(1) If an offender is convicted of or pleads guilty to a	16336
felony violation of section 3719.07, 3719.08, 3719.16, or 3719.161	16337
or of division (C) or (D) of section 3719.172 of the Revised Code,	16338
if the violation involves the sale, offer to sell, or possession	16339
of a schedule I or II controlled substance, with the exception of	16340
marihuana, and if the court imposing sentence upon the offender	16341
finds that the offender as a result of the violation is a major	16342
drug offender and is guilty of a specification of the type	16343
described in section 2941.1410 of the Revised Code, the court, in	16344
lieu of the prison term authorized or required by division (A),	16345
(B), or (C) of this section and sections 2929.13 and 2929.14 of	16346
the Revised Code and in addition to any other sanction imposed for	16347
the offense under sections 2929.11 to 2929.18 of the Revised Code,	16348
shall impose upon the offender, in accordance with division	16349
~~(D)~~(B)(3)(a) of section 2929.14 of the Revised Code, the mandatory	16350
prison term specified in that division and may impose an	16351
additional prison term under division ~~(D)~~(B)(3)(b) of that	16352
section.	16353

(2) Notwithstanding any contrary provision of section 3719.21	16354
of the Revised Code, the clerk of the court shall pay any fine	16355
imposed for a felony violation of section 3719.07, 3719.08,	16356
3719.16, or 3719.161 or of division (C) or (D) of section 3719.172	16357
of the Revised Code pursuant to division (A) of section 2929.18 of	16358
the Revised Code in accordance with and subject to the	16359
requirements of division (F) of section 2925.03 of the Revised	16360
Code. The agency that receives the fine shall use the fine as	16361
specified in division (F) of section 2925.03 of the Revised Code.	16362

(E) Whoever violates section 3719.05, 3719.06, 3719.13, or	16363
3719.31 or division (B) of section 3719.172 of the Revised Code is	16364
guilty of a misdemeanor of the third degree. If the offender	16365
previously has been convicted of a violation of section 3719.05,	16366
3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172	16367
of the Revised Code or a drug abuse offense, a violation of	16368
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of	16369
section 3719.172 of the Revised Code is a misdemeanor of the first	16370
degree.	16371

(F) Whoever violates section 3719.30 of the Revised Code is	16372
guilty of a misdemeanor of the fourth degree. If the offender	16373
previously has been convicted of a violation of section 3719.30 of	16374
the Revised Code or a drug abuse offense, a violation of section	16375
3719.30 of the Revised Code is a misdemeanor of the third degree.	16376

(G) Whoever violates section 3719.32 or 3719.33 of the	16377
Revised Code is guilty of a minor misdemeanor.	16378

(H) Whoever violates division (K)(2)(b) of section 3719.44 of	16379
the Revised Code is guilty of a felony of the fifth degree.	16380

(I) Whoever violates division (K)(2)(c) of section 3719.44 of	16381
the Revised Code is guilty of a misdemeanor of the second degree.	16382

(J) As used in this section, "major drug offender" has the	16383
same meaning as in section 2929.01 of the Revised Code.	16384

Sec. 4507.51. (A)(1) Every application for an identification	16385
card or duplicate shall be made on a form furnished by the	16386
registrar of motor vehicles, shall be signed by the applicant, and	16387
by the applicant's parent or guardian if the applicant is under	16388
eighteen years of age, and shall contain the following information	16389
pertaining to the applicant: name, date of birth, sex, general	16390
description including the applicant's height, weight, hair color,	16391
and eye color, address, and social security number. The	16392
application also shall state whether an applicant wishes to	16393
certify willingness to make an anatomical gift under section	16394
2108.05 of the Revised Code and shall include information about	16395
the requirements of sections 2108.01 to 2108.29 of the Revised	16396
Code that apply to persons who are less than eighteen years of	16397
age. The statement regarding willingness to make such a donation	16398
shall be given no consideration in the decision of whether to	16399
issue an identification card. Each applicant shall be photographed	16400
in color at the time of making application.	16401

(2)(a) The application also shall state whether the applicant	16402
has executed a valid durable power of attorney for health care	16403
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	16404
executed a declaration governing the use or continuation, or the	16405
withholding or withdrawal, of life-sustaining treatment pursuant	16406
to sections 2133.01 to 2133.15 of the Revised Code and, if the	16407
applicant has executed either type of instrument, whether the	16408
applicant wishes the identification card issued to indicate that	16409
the applicant has executed the instrument.	16410

(b) On and after October 7, 2009, the application also shall	16411
state whether the applicant is a veteran, active duty, or	16412
reservist of the armed forces of the United States and, if the	16413
applicant is such, whether the applicant wishes the identification	16414
card issued to indicate that the applicant is a veteran, active	16415
duty, or reservist of the armed forces of the United States by a	16416
military designation on the identification card.	16417

(3) The registrar or deputy registrar, in accordance with	16418
section 3503.11 of the Revised Code, shall register as an elector	16419
any person who applies for an identification card or duplicate if	16420
the applicant is eligible and wishes to be registered as an	16421
elector. The decision of an applicant whether to register as an	16422
elector shall be given no consideration in the decision of whether	16423
to issue the applicant an identification card or duplicate.	16424

(B) The application for an identification card or duplicate	16425
shall be filed in the office of the registrar or deputy registrar.	16426
Each applicant shall present documentary evidence as required by	16427
the registrar of the applicant's age and identity, and the	16428
applicant shall swear that all information given is true. An	16429
identification card issued by the department of rehabilitation and	16430
correction under section 5120.59 of the Revised Code shall be	16431
sufficient documentary evidence under this division upon	16432
verification of the applicant's social security number by the	16433
registrar or a deputy registrar. Upon issuing an identification	16434
card under this section for a person who has been issued an	16435
identification card under section 5120.59 of the Revised Code, the	16436
registrar or deputy registrar shall destroy the identification	16437
card issued under section 5120.59 of the Revised Code.	16438

All applications for an identification card or duplicate	16439
shall be filed in duplicate, and if submitted to a deputy	16440
registrar, a copy shall be forwarded to the registrar. The	16441
registrar shall prescribe rules for the manner in which a deputy	16442
registrar is to file and maintain applications and other records.	16443
The registrar shall maintain a suitable, indexed record of all	16444
applications denied and cards issued or canceled.	16445

(C) In addition to any other information it contains, on and	16446
after the date that is fifteen months after the effective date of	16447
this amendment, the form furnished by the registrar of motor	16448
vehicles for an application for an identification card or	16449
duplicate shall inform applicants that the applicant must present	16450
a copy of the applicant's DD-214 or an equivalent document in	16451
order to qualify to have the card or duplicate indicate that the	16452
applicant is an honorably discharged veteran of the armed forces	16453
of the United States based on a request made pursuant to division	16454
(A)(2)(b) of this section.	16455

Sec. 4511.091. (A) The driver of any motor vehicle that has	16456
been checked by radar, or by any electrical or mechanical timing	16457
device to determine the speed of the motor vehicle over a measured	16458
distance of a highway or a measured distance of a private road or	16459
driveway, and found to be in violation of any of the provisions of	16460
section 4511.21 or 4511.211 of the Revised Code, may be arrested	16461
until a warrant can be obtained, provided the arresting officer	16462
has observed the recording of the speed of the motor vehicle by	16463
the radio microwaves, electrical or mechanical timing device, or	16464
has received a radio message from the officer who observed the	16465
speed of the motor vehicle recorded by the radio microwaves,	16466
electrical or mechanical timing device; provided, in case of an	16467
arrest based on such a message, the radio message has been	16468
dispatched immediately after the speed of the motor vehicle was	16469
recorded and the arresting officer is furnished a description of	16470
the motor vehicle for proper identification and the recorded	16471
speed.	16472

(B) If the driver of a motor vehicle being driven on a public	16473
street or highway of this state is observed violating any	16474
provision of this chapter other than section 4511.21 or 4511.211	16475
of the Revised Code by a law enforcement officer situated at any	16476
location, including in any type of airborne aircraft or airship,	16477
that law enforcement officer may send a radio message to another	16478
law enforcement officer, and the other law enforcement officer may	16479
arrest the driver of the motor vehicle until a warrant can be	16480
obtained or may issue the driver a citation for the violation;	16481
provided, if an arrest or citation is based on such a message, the	16482
radio message is dispatched immediately after the violation is	16483
observed and the law enforcement officer who observes the	16484
violation furnishes to the law enforcement officer who makes the	16485
arrest or issues the citation a description of the alleged	16486
violation and the motor vehicle for proper identification.	16487

(C)(1) No person shall be arrested, charged, or convicted of	16488
a violation of any provision of divisions (B) to (O) of section	16489
4511.21 or section 4511.211 of the Revised Code or a substantially	16490
similar municipal ordinance based on a peace officer's unaided	16491
visual estimation of the speed of a motor vehicle, trackless	16492
trolley, or streetcar. This division does not do any of the	16493
following:	16494

(a) Preclude the use by a peace officer of a stopwatch,	16495
radar, laser, or other electrical, mechanical, or digital device	16496
to determine the speed of a motor vehicle;	16497

(b) Apply regarding any violation other than a violation of	16498
divisions (B) to (O) of section 4511.21 or section 4511.211 of the	16499
Revised Code or a substantially similar municipal ordinance;	16500

(c) Preclude a peace officer from testifying that the speed	16501
of operation of a motor vehicle, trackless trolley, or streetcar	16502
was at a speed greater or less than a speed described in division	16503
(A) of section 4511.21 of the Revised Code, the admission into	16504
evidence of such testimony, or preclude a conviction of a	16505
violation of that division based in whole or in part on such	16506
testimony.	16507

(2) As used in this division, "peace officer" has the same	16508
meaning as in section 2935.01 of the Revised Code.	16509

Sec. 4729.99. (A) Whoever violates section 4729.16, division	16510
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	16511
Code is guilty of a minor misdemeanor. Each day's violation	16512
constitutes a separate offense.	16513

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	16514
the Revised Code is guilty of a misdemeanor of the third degree.	16515
Each day's violation constitutes a separate offense. If the	16516
offender previously has been convicted of or pleaded guilty to a	16517
violation of this chapter, that person is guilty of a misdemeanor	16518
of the second degree.	16519

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	16520
the Revised Code is guilty of a misdemeanor.	16521

(D) Whoever violates division (A), (B), (D), or (E) of	16522
section 4729.51 of the Revised Code is guilty of a misdemeanor of	16523
the first degree.	16524

(E)(1) Whoever violates section 4729.37, division (C)(2) of	16525
section 4729.51, division (J) of section 4729.54, or section	16526
4729.61 of the Revised Code is guilty of a felony of the fifth	16527
degree. If the offender previously has been convicted of or	16528
pleaded guilty to a violation of this chapter or a violation of	16529
Chapter 2925. or 3719. of the Revised Code, that person is guilty	16530
of a felony of the fourth degree.	16531

(2) If an offender is convicted of or pleads guilty to a	16532
violation of section 4729.37, division (C) of section 4729.51,	16533
division (J) of section 4729.54, or section 4729.61 of the Revised	16534
Code, if the violation involves the sale, offer to sell, or	16535
possession of a schedule I or II controlled substance, with the	16536
exception of marihuana, and if the court imposing sentence upon	16537
the offender finds that the offender as a result of the violation	16538
is a major drug offender, as defined in section 2929.01 of the	16539
Revised Code, and is guilty of a specification of the type	16540
described in section 2941.1410 of the Revised Code, the court, in	16541
lieu of the prison term authorized or required by division (E)(1)	16542
of this section and sections 2929.13 and 2929.14 of the Revised	16543
Code and in addition to any other sanction imposed for the offense	16544
under sections 2929.11 to 2929.18 of the Revised Code, shall	16545
impose upon the offender, in accordance with division ~~(D)~~(B)(3)~~(a)~~	16546
of section 2929.14 of the Revised Code, the mandatory prison term	16547
specified in that division ~~and may impose an additional prison~~	16548
~~term under division (D)(3)(b) of that section~~.	16549

(3) Notwithstanding any contrary provision of section 3719.21	16550
of the Revised Code, the clerk of court shall pay any fine imposed	16551
for a violation of section 4729.37, division (C) of section	16552
4729.51, division (J) of section 4729.54, or section 4729.61 of	16553
the Revised Code pursuant to division (A) of section 2929.18 of	16554
the Revised Code in accordance with and subject to the	16555
requirements of division (F) of section 2925.03 of the Revised	16556
Code. The agency that receives the fine shall use the fine as	16557
specified in division (F) of section 2925.03 of the Revised Code.	16558

(F) Whoever violates section 4729.531 of the Revised Code or	16559
any rule adopted thereunder or section 4729.532 of the Revised	16560
Code is guilty of a misdemeanor of the first degree.	16561

(G) Whoever violates division (C)(1) of section 4729.51 of	16562
the Revised Code is guilty of a felony of the fourth degree. If	16563
the offender has previously been convicted of or pleaded guilty to	16564
a violation of this chapter, or of a violation of Chapter 2925. or	16565
3719. of the Revised Code, that person is guilty of a felony of	16566
the third degree.	16567

(H) Whoever violates division (C)(3) of section 4729.51 of	16568
the Revised Code is guilty of a misdemeanor of the first degree.	16569
If the offender has previously been convicted of or pleaded guilty	16570
to a violation of this chapter, or of a violation of Chapter 2925.	16571
or 3719. of the Revised Code, that person is guilty of a felony of	16572
the fifth degree.	16573

(I)(1) Whoever violates division (B) of section 4729.42 of	16574
the Revised Code is guilty of unauthorized pharmacy-related drug	16575
conduct. Except as otherwise provided in this section,	16576
unauthorized pharmacy-related drug conduct is a misdemeanor of the	16577
second degree. If the offender previously has been convicted of or	16578
pleaded guilty to a violation of division (B), (C), (D), or (E) of	16579
that section, unauthorized pharmacy-related drug conduct is a	16580
misdemeanor of the first degree on a second offense and a felony	16581
of the fifth degree on a third or subsequent offense.	16582

(2) Whoever violates division (C) or (D) of section 4729.42	16583
of the Revised Code is guilty of permitting unauthorized	16584
pharmacy-related drug conduct. Except as otherwise provided in	16585
this section, permitting unauthorized pharmacy-related drug	16586
conduct is a misdemeanor of the second degree. If the offender	16587
previously has been convicted of or pleaded guilty to a violation	16588
of division (B), (C), (D), or (E) of that section, permitting	16589
unauthorized pharmacy-related drug conduct is a misdemeanor of the	16590
first degree on a second offense and a felony of the fifth degree	16591
on a third or subsequent offense.	16592

(3) Whoever violates division (E) of section 4729.42 of the	16593
Revised Code is guilty of the offense of falsification under	16594
section 2921.13 of the Revised Code. In addition to any other	16595
sanction imposed for the violation, the offender is forever	16596
disqualified from engaging in any activity specified in division	16597
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	16598
from performing any function as a health care professional or	16599
health care worker. As used in this division, "health care	16600
professional" and "health care worker" have the same meanings as	16601
in section 2305.234 of the Revised Code.	16602

(4) Notwithstanding any contrary provision of section 3719.21	16603
of the Revised Code or any other provision of law that governs the	16604
distribution of fines, the clerk of the court shall pay any fine	16605
imposed pursuant to division (I)(1), (2), or (3) of this section	16606
to the state board of pharmacy if the board has adopted a written	16607
internal control policy under division (F)(2) of section 2925.03	16608
of the Revised Code that addresses fine moneys that it receives	16609
under Chapter 2925. of the Revised Code and if the policy also	16610
addresses fine moneys paid under this division. The state board of	16611
pharmacy shall use the fines so paid in accordance with the	16612
written internal control policy to subsidize the board's law	16613
enforcement efforts that pertain to drug offenses.	16614

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	16615
the Revised Code is guilty of a misdemeanor of the third degree.	16616
If the offender has previously been convicted of or pleaded guilty	16617
to a violation of division (A)(1), (2), or (3) of section 4729.86	16618
of the Revised Code, that person is guilty of a misdemeanor of the	16619
first degree.	16620

(2) Whoever violates division (A)(2) of section 4729.86 of	16621
the Revised Code is guilty of a misdemeanor of the first degree.	16622
If the offender has previously been convicted of or pleaded guilty	16623
to a violation of division (A)(1), (2), or (3) of section 4729.86	16624
of the Revised Code, that person is guilty of a felony of the	16625
fifth degree.	16626

(3) Whoever violates division (A)(3) of section 4729.86 of	16627
the Revised Code is guilty of a felony of the fifth degree. If the	16628
offender has previously been convicted of or pleaded guilty to a	16629
violation of division (A)(1), (2), or (3) of section 4729.86 of	16630
the Revised Code, that person is guilty of a felony of the fourth	16631
degree.	16632

(K) A person who violates division (C) of section 4729.552 of	16633
the Revised Code is guilty of a misdemeanor of the first degree.	16634
If the person previously has been convicted of or pleaded guilty	16635
to a violation of division (C) of section 4729.552 of the Revised	16636
Code, that person is guilty of a felony of the fifth degree.	16637

Sec. 5120.031. (A) As used in this section:

16638

(1) "Certificate of high school equivalence" means a	16639
statement that is issued by the state board of education or an	16640
equivalent agency of another state and that indicates that its	16641
holder has achieved the equivalent of a high school education as	16642
measured by scores obtained on the tests of general educational	16643
development published by the American council on education.	16644

(2) "Certificate of adult basic education" means a statement	16645
that is issued by the department of rehabilitation and correction	16646
through the Ohio central school system approved by the state board	16647
of education and that indicates that its holder has achieved a 6.0	16648
grade level, or higher, as measured by scores of nationally	16649
standardized or recognized tests.	16650

(3) "Deadly weapon" and "firearm" have the same meanings as	16651
in section 2923.11 of the Revised Code.	16652

(4) "Eligible offender" means a person, other than one who is	16653
ineligible to participate in an intensive program prison under the	16654
criteria specified in section 5120.032 of the Revised Code, who	16655
has been convicted of or pleaded guilty to, and has been sentenced	16656
for, a felony.	16657

(5) "Shock incarceration" means the program of incarceration	16658
that is established pursuant to the rules of the department of	16659
rehabilitation and correction adopted under this section.	16660

(B)(1) The director of rehabilitation and correction, by	16661
rules adopted under Chapter 119. of the Revised Code, shall	16662
establish a pilot program of shock incarceration that may be used	16663
for offenders who are sentenced to serve a term of imprisonment	16664
under the custody of the department of rehabilitation and	16665
correction, whom the department determines to be eligible	16666
offenders, and whom the department, subject to the approval of the	16667
sentencing judge, may permit to serve their sentence as a sentence	16668
of shock incarceration in accordance with this section.	16669

(2) The rules for the pilot program shall require that the	16670
program be established at an appropriate state correctional	16671
institution designated by the director and that the program	16672
consist of both of the following for each eligible offender whom	16673
the department, with the approval of the sentencing judge, permits	16674
to serve the eligible offender's sentence as a sentence of shock	16675
incarceration:	16676

(a) A period of imprisonment at that institution of ninety	16677
days that shall consist of a military style combination of	16678
discipline, physical training, and hard labor and substance abuse	16679
education, employment skills training, social skills training, and	16680
psychological treatment. During the ninety-day period, the	16681
department may permit an eligible offender to participate in a	16682
self-help program. Additionally, during the ninety-day period, an	16683
eligible offender who holds a high school diploma or a certificate	16684
of high school equivalence may be permitted to tutor other	16685
eligible offenders in the shock incarceration program. If an	16686
eligible offender does not hold a high school diploma or	16687
certificate of high school equivalence, the eligible offender may	16688
elect to participate in an education program that is designed to	16689
award a certificate of adult basic education or an education	16690
program that is designed to award a certificate of high school	16691
equivalence to those eligible offenders who successfully complete	16692
the education program, whether the completion occurs during or	16693
subsequent to the ninety-day period. To the extent possible, the	16694
department shall use as teachers in the education program persons	16695
who have been issued a license pursuant to sections 3319.22 to	16696
3319.31 of the Revised Code, who have volunteered their services	16697
to the education program, and who satisfy any other criteria	16698
specified in the rules for the pilot project.	16699

(b) Immediately following the ninety-day period of	16700
imprisonment, and notwithstanding any other provision governing	16701
the early release of a prisoner from imprisonment or the transfer	16702
of a prisoner to transitional control, one of the following, as	16703
determined by the director:	16704

(i) An intermediate, transitional type of detention for the	16705
period of time determined by the director and, immediately	16706
following the intermediate, transitional type of detention, a	16707
release under a post-release control sanction imposed in	16708
accordance with section 2967.28 of the Revised Code. The period of	16709
intermediate, transitional type of detention imposed by the	16710
director under this division may be in a halfway house, in a	16711
community-based correctional facility and program or district	16712
community-based correctional facility and program established	16713
under sections 2301.51 to 2301.58 of the Revised Code, or in any	16714
other facility approved by the director that provides for	16715
detention to serve as a transition between imprisonment in a state	16716
correctional institution and release from imprisonment.	16717

(ii) A release under a post-release control sanction imposed	16718
in accordance with section 2967.28 of the Revised Code.	16719

(3) The rules for the pilot program also shall include, but	16720
are not limited to, all of the following:	16721

(a) Rules identifying the locations within the state	16722
correctional institution designated by the director that will be	16723
used for eligible offenders serving a sentence of shock	16724
incarceration;	16725

(b) Rules establishing specific schedules of discipline,	16726
physical training, and hard labor for eligible offenders serving a	16727
sentence of shock incarceration, based upon the offender's	16728
physical condition and needs;	16729

(c) Rules establishing standards and criteria for the	16730
department to use in determining which eligible offenders the	16731
department will permit to serve their sentence of imprisonment as	16732
a sentence of shock incarceration;	16733

(d) Rules establishing guidelines for the selection of	16734
post-release control sanctions for eligible offenders;	16735

(e) Rules establishing procedures for notifying sentencing	16736
courts of the performance of eligible offenders serving their	16737
sentences of imprisonment as a sentence of shock incarceration;	16738

(f) Any other rules that are necessary for the proper conduct	16739
of the pilot program.	16740

(C)(1) If an offender is sentenced to a term of imprisonment	16741
under the custody of the department, if the sentencing court	16742
either recommends the offender for placement in a program of shock	16743
incarceration under this section or makes no recommendation on	16744
placement of the offender, and if the department determines that	16745
the offender is an eligible offender for placement in a program of	16746
shock incarceration under this section, the department may permit	16747
the eligible offender to serve the sentence in a program of shock	16748
incarceration, in accordance with division ~~(K)~~(I) of section	16749
2929.14 of the Revised Code, with this section, and with the rules	16750
adopted under this section. If the sentencing court disapproves	16751
placement of the offender in a program of shock incarceration, the	16752
department shall not place the offender in any program of shock	16753
incarceration.	16754

If the sentencing court recommends the offender for placement	16755
in a program of shock incarceration and if the department	16756
subsequently places the offender in the recommended program, the	16757
department shall notify the court of the offender's placement in	16758
the recommended program and shall include with the notice a brief	16759
description of the placement.	16760

If the sentencing court recommends placement of the offender	16761
in a program of shock incarceration and the department for any	16762
reason does not subsequently place the offender in the recommended	16763
program, the department shall send a notice to the court	16764
indicating why the offender was not placed in the recommended	16765
program.	16766

If the sentencing court does not make a recommendation on the	16767
placement of an offender in a program of shock incarceration and	16768
if the department determines that the offender is an eligible	16769
offender for placement in a program of that nature, the department	16770
shall screen the offender and determine if the offender is suited	16771
for the program of shock incarceration. If the offender is suited	16772
for the program of shock incarceration, at least three weeks prior	16773
to permitting an eligible offender to serve the sentence in a	16774
program of shock incarceration, the department shall notify the	16775
sentencing court of the proposed placement of the offender in the	16776
program and shall include with the notice a brief description of	16777
the placement. The court shall have ten days from receipt of the	16778
notice to disapprove the placement. If the sentencing court	16779
disapproves of the placement, the department shall not permit the	16780
eligible offender to serve the sentence in a program of shock	16781
incarceration. If the judge does not timely disapprove of	16782
placement of the offender in the program of shock incarceration,	16783
the department may proceed with plans for placement of the	16784
offender.	16785

If the department determines that the offender is not	16786
eligible for placement in a program of shock incarceration, the	16787
department shall not place the offender in any program of shock	16788
incarceration.	16789

(2) If the department permits an eligible offender to serve	16790
the eligible offender's sentence of imprisonment as a sentence of	16791
shock incarceration and the eligible offender does not	16792
satisfactorily complete the entire period of imprisonment	16793
described in division (B)(2)(a) of this section, the offender	16794
shall be removed from the pilot program for shock incarceration	16795
and shall be required to serve the remainder of the offender's	16796
sentence of imprisonment imposed by the sentencing court as a	16797
regular term of imprisonment. If the eligible offender commences a	16798
period of post-release control described in division (B)(2)(b) of	16799
this section and violates the conditions of that post-release	16800
control, the eligible offender shall be subject to the provisions	16801
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	16802
regarding violation of post-release control sanctions.	16803

(3) If an eligible offender's stated prison term expires at	16804
any time during the eligible offender's participation in the shock	16805
incarceration program, the adult parole authority shall terminate	16806
the eligible offender's participation in the program and shall	16807
issue to the eligible offender a certificate of expiration of the	16808
stated prison term.	16809

(D) The director shall keep sentencing courts informed of the	16810
performance of eligible offenders serving their sentences of	16811
imprisonment as a sentence of shock incarceration, including, but	16812
not limited to, notice of eligible offenders who fail to	16813
satisfactorily complete their entire sentence of shock	16814
incarceration or who satisfactorily complete their entire sentence	16815
of shock incarceration.	16816

(E) Within a reasonable period of time after November 20,	16817
1990, the director shall appoint a committee to search for one or	16818
more suitable sites at which one or more programs of shock	16819
incarceration, in addition to the pilot program required by	16820
division (B)(1) of this section, may be established. The search	16821
committee shall consist of the director or the director's	16822
designee, as chairperson; employees of the department of	16823
rehabilitation and correction appointed by the director; and any	16824
other persons that the director, in the director's discretion,	16825
appoints. In searching for such sites, the search committee shall	16826
give preference to any site owned by the state or any other	16827
governmental entity and to any existing structure that reasonably	16828
could be renovated, enlarged, converted, or remodeled for purposes	16829
of establishing such a program. The search committee shall prepare	16830
a report concerning its activities and, on the earlier of the day	16831
that is twelve months after the first day on which an eligible	16832
offender began serving a sentence of shock incarceration under the	16833
pilot program or January 1, 1992, shall file the report with the	16834
president and the minority leader of the senate, the speaker and	16835
the minority leader of the house of representatives, the members	16836
of the senate who were members of the senate judiciary committee	16837
in the 118th general assembly or their successors, and the members	16838
of the house of representatives who were members of the select	16839
committee to hear drug legislation that was established in the	16840
118th general assembly or their successors. Upon the filing of the	16841
report, the search committee shall terminate. The report required	16842
by this division shall contain all of the following:	16843

(1) A summary of the process used by the search committee in	16844
performing its duties under this division;	16845

(2) A summary of all of the sites reviewed by the search	16846
committee in performing its duties under this division, and the	16847
benefits and disadvantages it found relative to the establishment	16848
of a program of shock incarceration at each such site;	16849

(3) The findings and recommendations of the search committee	16850
as to the suitable site or sites, if any, at which a program of	16851
shock incarceration, in addition to the pilot program required by	16852
division (B)(1) of this section, may be established.	16853

(F) The director periodically shall review the pilot program	16854
for shock incarceration required to be established by division	16855
(B)(1) of this section. The director shall prepare a report	16856
relative to the pilot program and, on the earlier of the day that	16857
is twelve months after the first day on which an eligible offender	16858
began serving a sentence of shock incarceration under the pilot	16859
program or January 1, 1992, shall file the report with the	16860
president and the minority leader of the senate, the speaker and	16861
the minority leader of the house of representatives, the members	16862
of the senate who were members of the senate judiciary committee	16863
in the 118th general assembly or their successors, and the members	16864
of the house of representatives who were members of the select	16865
committee to hear drug legislation that was established in the	16866
118th general assembly or their successors. The pilot program	16867
shall not terminate at the time of the filing of the report, but	16868
shall continue in operation in accordance with this section. The	16869
report required by this division shall include all of the	16870
following:	16871

(1) A summary of the pilot program as initially established,	16872
a summary of all changes in the pilot program made during the	16873
period covered by the report and the reasons for the changes, and	16874
a summary of the pilot program as it exists on the date of	16875
preparation of the report;	16876

(2) A summary of the effectiveness of the pilot program, in	16877
the opinion of the director and employees of the department	16878
involved in its operation;	16879

(3) An analysis of the total cost of the pilot program, of	16880
its cost per inmate who was permitted to serve a sentence of shock	16881
incarceration and who served the entire sentence of shock	16882
incarceration, and of its cost per inmate who was permitted to	16883
serve a sentence of shock incarceration;	16884

(4) A summary of the standards and criteria used by the	16885
department in determining which eligible offenders were permitted	16886
to serve their sentence of imprisonment as a sentence of shock	16887
incarceration;	16888

(5) A summary of the characteristics of the eligible	16889
offenders who were permitted to serve their sentence of	16890
imprisonment as a sentence of shock incarceration, which summary	16891
shall include, but not be limited to, a listing of every offense	16892
of which any such eligible offender was convicted or to which any	16893
such eligible offender pleaded guilty and in relation to which the	16894
eligible offender served a sentence of shock incarceration, and	16895
the total number of such eligible offenders who were convicted of	16896
or pleaded guilty to each such offense;	16897

(6) A listing of the number of eligible offenders who were	16898
permitted to serve a sentence of shock incarceration and who did	16899
not serve the entire sentence of shock incarceration, and, to the	16900
extent possible, a summary of the length of the terms of	16901
imprisonment served by such eligible offenders after they were	16902
removed from the pilot program;	16903

(7) A summary of the effect of the pilot program on	16904
overcrowding at state correctional institutions;	16905

(8) To the extent possible, an analysis of the rate of	16906
recidivism of eligible offenders who were permitted to serve a	16907
sentence of shock incarceration and who served the entire sentence	16908
of shock incarceration;	16909

(9) Recommendations as to legislative changes to the pilot	16910
program that would assist in its operation or that could further	16911
alleviate overcrowding at state correctional institutions, and	16912
recommendations as to whether the pilot program should be	16913
expanded.	16914

Sec. 5120.036. (A) The department of rehabilitation and	16915
correction shall provide risk reduction programming and treatment	16916
for inmates whom a court under section 2929.143 of the Revised	16917
Code recommends serve a risk reduction sentence and who meet the	16918
eligibility criteria described in division (B) of this section.	16919

(B) If an offender is sentenced to a term of imprisonment in	16920
a state correctional institution and the sentencing court	16921
recommended that the offender serve a risk reduction sentence, the	16922
department of rehabilitation and correction shall conduct a	16923
validated and objective assessment of the person's needs and risk	16924
of reoffending. If the offender cooperates with the risk	16925
assessment and agrees to participate in any programming or	16926
treatment ordered by the department, the department shall provide	16927
programming and treatment to the offender to address the risks and	16928
needs identified in the assessment.	16929

(C) If the department determines that an offender serving a	16930
term of incarceration for whom the sentencing court recommended a	16931
risk reduction sentence under section 2929.143 of the Revised Code	16932
has successfully completed the assessment and treatment or	16933
programming required by the department under division (B) of this	16934
section, the department shall release the offender to supervised	16935
release after the offender has served each mandatory prison term	16936
to which the offender was sentenced, if any, and a minimum of	16937
eighty per cent of the aggregated nonmandatory prison terms to	16938
which the offender was sentenced. No mandatory prison term shall	16939
be reduced by, or as a result of, an offender's service of a risk	16940
reduction sentence. The department shall notify the sentencing	16941
court that the offender has successfully completed the terms of	16942
the risk reduction sentence at least thirty days prior to the date	16943
upon which the offender is to be released.	16944

(D) As used in this section:

16945

(1) "Mandatory prison term" has the same meaning as in	16946
section 2929.01 of the Revised Code.	16947

(2) "Nonmandatory prison term" means a prison term that is	16948
not a mandatory prison term.	16949

Sec. 5120.07. (A) There is hereby created the ex-offender	16950
reentry coalition consisting of the following seventeen members or	16951
their designees:	16952

(1) The director of rehabilitation and correction;

16953

(2) The director of aging;

16954

(3) The director of alcohol and drug addiction services;

16955

(4) The director of development;

16956

(5) The superintendent of public instruction;

16957

(6) The director of health;

16958

(7) The director of job and family services;

16959

(8) The director of mental health;

16960

(9) The director of developmental disabilities;

16961

(10) The director of public safety;

16962

(11) The director of youth services;

16963

(12) The chancellor of the Ohio board of regents;

16964

(13) ~~The director~~A representative or member of the	16965
governor's ~~office of external affairs and economic opportunity~~	16966
staff;	16967

(14) ~~The director of the governor's office of faith-based and~~	16968
~~community initiatives;~~	16969

~~(15)~~ The director of the rehabilitation services commission;

16970

~~(16)~~(15) The director of the department of commerce;

16971

~~(17)~~(16) The executive director of a health care licensing	16972
board created under Title XLVII of the Revised Code, as appointed	16973
by the chairperson of the coalition;	16974

(17) The director of veterans services.

16975

(B) The members of the coalition shall serve without	16976
compensation. The director of rehabilitation and correction or the	16977
director's designee shall be the chairperson of the coalition.	16978

(C) In consultation with persons interested and involved in	16979
the reentry of ex-offenders into the community, including but not	16980
limited to, service providers, community-based organizations, and	16981
local governments, the coalition shall identify and examine social	16982
service barriers and other obstacles to the reentry of	16983
ex-offenders into the community. Not later than one year after	16984
April 7, 2009, and on or before the same date of each year	16985
thereafter, the coalition shall submit to the speaker of the house	16986
of representatives and the president of the senate a report,	16987
including recommendations for legislative action, the activities	16988
of the coalition, and the barriers affecting the successful	16989
reentry of ex-offenders into the community. The report shall	16990
analyze the effects of those barriers on ex-offenders and on their	16991
children and other family members in various areas, including but	16992
not limited to, the following:	16993

(1) Admission to public and other housing;

16994

(2) Child support obligations and procedures;

16995

(3) Parental incarceration and family reunification;

16996

(4) Social security benefits, veterans' benefits, food	16997
stamps, and other forms of public assistance;	16998

(5) Employment;

16999

(6) Education programs and financial assistance;

17000

(7) Substance abuse, mental health, and sex offender	17001
treatment programs and financial assistance;	17002

(8) Civic and political participation;

17003

(9) Other collateral consequences under the Revised Code or	17004
the Ohio administrative code law that may result from a criminal	17005
conviction.	17006

(D)(1) The report shall also include the following	17007
information:	17008

(a) Identification of state appropriations for reentry	17009
programs;	17010

(b) Identification of other funding sources for reentry	17011
programs that are not funded by the state;	17012

(2) The coalition shall gather information about reentry	17013
programs in a repository maintained and made available by the	17014
coalition. Where available , the information shall include the	17015
following:	17016

(a) The amount of funding received;

17017

(b) The number of program participants;

17018

(c) The composition of the program, including program goals,	17019
methods for measuring success, and program success rate;	17020

(d) The type of post-program tracking that is utilized;

17021

(e) Information about employment rates and recidivism rates	17022
of ex-offenders.	17023

(E) The coalition shall cease to exist on December 31, 2014.

17024

Sec. 5120.111. With respect to community-based correctional	17025
facilities and programs and district community-based correctional	17026
facilities and programs authorized under section 2301.51 of the	17027
Revised Code, the department of rehabilitation and correction	17028
shall do all of the following:	17029

(A) Adopt rules, under Chapter 119. of the Revised Code, that	17030
serve as criteria for the operation of community-based	17031
correctional facilities and programs and district community-based	17032
correctional facilities and programs approved in accordance with	17033
sections 2301.51 and 5120.10 of the Revised Code;	17034

(B) Adopt rules, under Chapter 119. of the Revised Code,	17035
governing the procedures for the submission of proposals for the	17036
establishment of community-based correctional facilities and	17037
programs and district community-based correctional facilities and	17038
programs to the division of parole and community services under	17039
division (B) of section 2301.51 of the Revised Code;	17040

(C) Prescribe forms that are to be used by facility governing	17041
boards of community-based correctional facilities and programs and	17042
district community-based correctional facilities and programs in	17043
making application for state financial assistance under section	17044
2301.56 of the Revised Code;	17045

(D) Adopt rules, under Chapter 119. of the Revised Code, that	17046
prescribe the standards of operation for the facilities and	17047
programs that must be satisfied for ~~the~~community-based	17048
correctional facilities and programs and district community-based	17049
correctional facilities and programs to be eligible for state	17050
financial assistance;. The standards adopted by the department	17051
shall specify the class of offender whose degree of felony, whose	17052
community control sanction revocation history, or whose risk level	17053
as assessed by the single validated risk assessment tool described	17054
in section 5120.114 of the Revised Code, make the offender	17055
suitable for admission to the facility. The rules shall make the	17056
level of state financial assistance provided to every facility	17057
contingent upon the number of offenders admitted to the facility	17058
each fiscal year who satisfy the admission suitability standards	17059
established by the department.	17060

(E) Through the division of parole and community services,	17061
accept and review proposals for the establishment of ~~the~~	17062
community-based correctional facilities and programs and district	17063
community-based correctional facilities and programs and approve	17064
those proposals that satisfy the minimum requirements contained in	17065
section 2301.52 of the Revised Code; and administer the program	17066
for state financial assistance to the facilities and programs in	17067
accordance with section 5120.112 of the Revised Code.	17068

Sec. 5120.113. (A) For each inmate committed to the	17069
department of rehabilitation and correction, except as provided in	17070
division (B) of this section, the department shall prepare a	17071
written reentry plan for the inmate to help guide the inmate's	17072
rehabilitation program during imprisonment, to assist in the	17073
inmate's reentry into the community, and to assess the inmate's	17074
needs upon release.	17075

(B) Division (A) of this section does not apply to an inmate	17076
who has been sentenced to life imprisonment without parole or who	17077
has been sentenced to death. Division (A) of this section does not	17078
apply to any inmate who is expected to be imprisoned for thirty	17079
days or less, but the department may prepare a written reentry	17080
plan of the type described in that division if the department	17081
determines that the plan is needed.	17082

(C) The department may collect, if available, any social and	17083
other information that will aid in the preparation of reentry	17084
plans under this section.	17085

(D) In the event the department does not prepare a written	17086
reentry plan as specified in division (A) of this section, or	17087
makes a decision to not prepare a written reentry plan under	17088
division (B) of this section or to not collect information under	17089
division (C) of this section, that fact does not give rise to a	17090
claim for damages against the state, the department, the director	17091
of the department, or any employee of the department.	17092

Sec. 5120.114. (A) The department of rehabilitation and	17093
correction shall select a single validated risk assessment tool	17094
for adult offenders. This assessment tool shall be used by the	17095
following entities:	17096

(1) Municipal courts, when the particular court orders an	17097
assessment of an offender for sentencing or another purpose;	17098

(2) Common pleas courts, when the particular court orders an	17099
assessment of an offender for sentencing or another purpose;	17100

(3) County courts, when the particular court orders an	17101
assessment of an offender for sentencing or another purpose;	17102

(4) Municipal court departments of probation;

17103

(5) County departments of probation;

17104

(6) Probation departments established by two or more	17105
counties;	17106

(7) State and local correctional institutions;

17107

(8) Private correctional facilities;

17108

(9) Community-based correctional facilities;

17109

(10) The adult parole authority;

17110

(11) The parole board.

17111

(B) For each entity required to use the assessment tool,	17112
every employee of the entity who actually uses the tool shall be	17113
trained and certified by a trainer who is certified by the	17114
department. Each entity utilizing the assessment tool shall	17115
develop policies and protocols regarding all of the following	17116
activities:	17117

(1) Application and integration of the assessment tool into	17118
operations, supervision, and case planning;	17119

(2) Administrative oversight of the use of the assessment	17120
tool;	17121

(3) Staff training;

17122

(4) Quality assurance;

17123

(5) Data collection and sharing as described under section	17124
5120.115 of the Revised Code.	17125

Sec. 5120.115. (A) Each authorized user of the single	17126
validated risk assessment tool described in section 5120.114 of	17127
the Revised Code shall have access to all reports generated by the	17128
risk assessment tool and all data stored in the risk assessment	17129
tool. An authorized user may disclose any report generated by the	17130
risk assessment tool to law enforcement agencies, halfway houses,	17131
and medical, mental health, and substance abuse treatment	17132
providers for penological and rehabilitative purposes. The user	17133
shall make the disclosure in a manner calculated to maintain the	17134
report's confidentiality.	17135

(B) All reports generated by or data collected in the risk	17136
assessment tool are confidential information and are not a public	17137
record. No person shall disclose any report generated by or data	17138
collected in the risk assessment tool except as provided in	17139
division (A) of this section.	17140

(C) As used in this section, "public record" has the same	17141
meaning as in section 149.43 of the Revised Code.	17142

Sec. 5120.16. (A) Persons sentenced to any institution,	17143
division, or place under the control of the department of	17144
rehabilitation and correction are committed to the control, care,	17145
and custody of the department. Subject to division (B) of this	17146
section, the director of rehabilitation and correction or the	17147
director's designee may direct that persons sentenced to the	17148
department, or to any institution or place within the department,	17149
shall be conveyed initially to an appropriate facility established	17150
and maintained by the department for reception, examination,	17151
observation, and classification of the persons so sentenced. If a	17152
presentence investigation report was not prepared pursuant to	17153
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	17154
32.2 regarding any person sentenced to the department or to any	17155
institution or place within the department, the director or the	17156
director's designee may order the department's field staff to	17157
conduct an offender background investigation and prepare an	17158
offender background investigation report regarding the person. The	17159
investigation and report shall be conducted in accordance with	17160
division (A) of section 2951.03 of the Revised Code and the report	17161
shall contain the same information as a presentence investigation	17162
report prepared pursuant to that section.	17163

When the examination, observation, and classification of the	17164
person have been completed by the facility and a written report of	17165
the examination, observation, and classification is filed with the	17166
commitment papers, the director or the director's designee,	17167
subject to division (B) of this section, shall assign the person	17168
to a suitable state institution or place maintained by the state	17169
within the director's department or shall designate that the	17170
person is to be housed in a county, multicounty, municipal,	17171
municipal-county, or multicounty-municipal jail or workhouse, if	17172
authorized by section 5120.161 of the Revised Code, there to be	17173
confined, cared for, treated, trained, and rehabilitated until	17174
paroled, released in accordance with section 2929.20, 2967.26, or	17175
2967.28, or 5120.036 of the Revised Code, or otherwise released	17176
under the order of the court that imposed the person's sentence.	17177
No person committed by a probate court, a trial court pursuant to	17178
section 2945.40, 2945.401, or 2945.402 of the Revised Code	17179
subsequent to a finding of not guilty by reason of insanity, or a	17180
juvenile court shall be assigned to a state correctional	17181
institution.	17182

If a person is sentenced, committed, or assigned for the	17183
commission of a felony to any one of the institutions or places	17184
maintained by the department or to a county, multicounty,	17185
municipal, municipal-county, or multicounty-municipal jail or	17186
workhouse, the department, by order duly recorded and subject to	17187
division (B) of this section, may transfer the person to any other	17188
institution, or, if authorized by section 5120.161 of the Revised	17189
Code, to a county, multicounty, municipal, municipal-county, or	17190
multicounty-municipal jail or workhouse.	17191

(B) If the case of a child who is alleged to be a delinquent	17192
child is transferred for criminal prosecution to the appropriate	17193
court having jurisdiction of the offense pursuant to section	17194
2152.12 of the Revised Code, if the child is convicted of or	17195
pleads guilty to a felony in that case, if the child is sentenced	17196
to a prison term, as defined in section 2901.01 of the Revised	17197
Code, and if the child is under eighteen years of age when	17198
delivered to the custody of the department of rehabilitation and	17199
correction, all of the following apply regarding the housing of	17200
the child:	17201

(1) Until the child attains eighteen years of age, subject to	17202
divisions (B)(2), (3), and (4) of this section, the department	17203
shall house the child in a housing unit in a state correctional	17204
institution separate from inmates who are eighteen years of age or	17205
older.	17206

(2) The department is not required to house the child in the	17207
manner described in division (B)(1) of this section if the child	17208
does not observe the rules and regulations of the institution or	17209
the child otherwise creates a security risk by being housed	17210
separately.	17211

(3) If the department receives too few inmates who are under	17212
eighteen years of age to fill a housing unit in a state	17213
correctional institution separate from inmates who are eighteen	17214
years of age or older, as described in division (B)(1) of this	17215
section, the department may house the child in a housing unit in a	17216
state correctional institution that includes both inmates who are	17217
under eighteen years of age and inmates who are eighteen years of	17218
age or older and under twenty-one years of age.	17219

(4) Upon the child's attainment of eighteen years of age, the	17220
department may house the child with the adult population of the	17221
state correctional institution.	17222

(C) The director or the director's designee shall develop a	17223
policy for dealing with problems related to infection with the	17224
human immunodeficiency virus. The policy shall include methods of	17225
identifying individuals committed to the custody of the department	17226
who are at high risk of infection with the virus and counseling	17227
those individuals.	17228

Arrangements for housing individuals diagnosed as having AIDS	17229
or an AIDS-related condition shall be made by the department based	17230
on security and medical considerations and in accordance with	17231
division (B) of this section, if applicable.	17232

Sec. 5120.331. (A) Not later than the first day of April of	17233
each year, the department of rehabilitation and correction shall	17234
prepare an annual report covering the preceding calendar year that	17235
does all of the following:	17236

(1) Indicates the total number of persons sentenced to any	17237
institution, division, or place under its control and management	17238
who are delivered within that calendar year to its custody and	17239
control;	17240

(2) Indicates the total number of persons who, during that	17241
calendar year, were released from a prison term on any of the	17242
following bases:	17243

(a) On judicial release under section 2929.20 of the Revised	17244
Code;	17245

(b) On transitional control under section 2967.26 of the	17246
Revised Code;	17247

(c) As a result of successfully completing a risk reduction	17248
sentence under section 5120.036 of the Revised Code;	17249

(d) On parole;

17250

~~(d)~~(e) Due to the expiration of the stated prison term	17251
imposed;	17252

~~(e)~~(f) On any basis not described in divisions (A)(2)(a) to	17253
~~(d)~~(e) of this section.	17254

(3) Lists each offense, by Revised Code section number and,	17255
if applicable, by designated name, for which at least one person	17256
who was released from a prison term in that calendar year was	17257
serving a prison term at the time of release;	17258

(4) For each offense included in the list described in	17259
division (A)(3) of this section, indicates all of the following:	17260

(a) The total number of persons released from a prison term	17261
in that calendar year who were serving a prison term for that	17262
offense at the time of release;	17263

(b) The shortest, longest, and average prison term that had	17264
been imposed for that offense upon the persons described in	17265
division (A)(4)(a) of this section and that they were serving at	17266
the time of release;	17267

(c) The shortest, longest, and average period of imprisonment	17268
actually served by the persons described in division (A)(4)(a) of	17269
this section under a prison term that had been imposed for that	17270
offense upon them and that they were serving at the time of	17271
release;	17272

(d) The total number of persons released from a prison term	17273
in that calendar year under each of the bases for release set	17274
forth in division (A)(2) of this section who were serving a prison	17275
term for that offense at the time of release;	17276

(e) The shortest, longest, and average prison term that had	17277
been imposed for that offense upon the persons in each category	17278
described in division (A)(4)(d) of this section and that they were	17279
serving at the time of release;	17280

(f) The shortest, longest, and average period of imprisonment	17281
actually served by the persons in each category described in	17282
division (A)(4)(d) of this section under a prison term that had	17283
been imposed for that offense upon them and that they were serving	17284
at the time of release.	17285

(B) No report prepared under division (A) of this section	17286
shall identify or enable the identification of any person released	17287
from a prison term in the preceding calendar year.	17288

(C) Each annual report prepared under division (A) of this	17289
section shall be distributed to each member of the general	17290
assembly.	17291

(D) As used in this section, "prison term" and "stated prison	17292
term" have the same meanings as in section 2929.01 of the Revised	17293
Code.	17294

Sec. 5120.48. (A) If a prisoner escapes from a state	17295
correctional institution, the managing officer of the institution,	17296
after consultation with and upon the advice of appropriate law	17297
enforcement officials, shall assign and deploy into the community	17298
appropriate staff persons necessary to apprehend the prisoner.	17299
Correctional officers and officials may carry firearms when	17300
required in the discharge of their duties in apprehending, taking	17301
into custody, or transporting to a place of confinement a prisoner	17302
who has escaped from a state correctional institution.	17303

(B) If a prisoner is released from a state correctional	17304
institution prior to the lawful end of the person's prison term or	17305
term of imprisonment, whether by error, inadvertence, fraud, or	17306
any other cause except a lawful parole or judicial release granted	17307
pursuant to section 2929.20 of the Revised Code or the successful	17308
completion of a risk reduction sentence under section 5120.036 of	17309
the Revised Code, the managing officer of the institution, after	17310
consulting with the bureau of sentence computation, shall notify	17311
the chief of the adult parole authority, the office of victim	17312
services of the division of parole and community services, and the	17313
sentencing court of the mistaken release. Upon the direction of	17314
the chief, or the chief's designee, field officers of the	17315
authority may arrest the prisoner without a warrant and return the	17316
prisoner to the state correctional institution to complete the	17317
balance of the prisoner's sentence. The chief of the adult parole	17318
authority, or the chief's designee, may require the assistance of	17319
any peace officer or law enforcement officer in the apprehension	17320
of a prisoner of that nature.	17321

Sec. 5120.59. Before a prisoner is released from a state	17322
correctional institution, the department of rehabilitation and	17323
correction shall attempt to verify the prisoner's identification	17324
and social security number. If the department is not able to	17325
verify the prisoner's identification and social security number,	17326
if the prisoner has no other documentary evidence required by the	17327
registrar of motor vehicles for the issuance of an identification	17328
card under section 4507.50 of the Revised Code, and if the	17329
department determines that the prisoner is legally living in the	17330
United States, the department shall issue to the prisoner upon the	17331
prisoner's release an identification card that the prisoner may	17332
present to the registrar or a deputy registrar of motor vehicles	17333
~~to obtain an identification card under section 4507.50 of the~~	17334
~~Revised Code. The director of rehabilitation and correction may~~	17335
~~adopt rules for the implementation of this section~~.	17336

Sec. 5120.60. (A) There is hereby created in the division of	17337
parole and community services the office of ~~victims'~~victim	17338
services.	17339

(B) The office shall provide assistance to victims of crime,	17340
victims' representatives designated under section 2930.02 of the	17341
Revised Code, and members of the victim's family. The assistance	17342
shall include, but not be limited to, providing information about	17343
the policies and procedures of the department of rehabilitation	17344
and correction and the status of offenders under the department's	17345
jurisdiction.	17346

(C) The office shall also make available publications that	17347
will assist victims in contacting staff of the department about	17348
problems with offenders under the supervision of the adult parole	17349
authority or confined in state correctional institutions under the	17350
department's jurisdiction.	17351

(D) The office shall employ a ~~victims~~victim coordinator who	17352
shall administer the office's functions. The ~~victims~~victim	17353
coordinator shall be in the unclassified civil service and report	17354
directly to the chief of the division.	17355

(E) The office shall also employ at least three persons in	17356
the unclassified civil service whose primary duties shall be to	17357
help parole board hearing officers identify victims' issues and to	17358
make recommendations to the parole board in accordance with rules	17359
adopted by the department. The member of the parole board	17360
appointed pursuant to division (B) of section 5149.10 of the	17361
Revised Code shall approve the hiring of the employees of the	17362
office.	17363

(F) The office shall coordinate its activities with the	17364
member of the parole board appointed pursuant to division (B) of	17365
section 5149.10 of the Revised Code. The ~~victims~~victim	17366
coordinator and other employees of the office shall have full	17367
access to records of prisoners under the department's	17368
jurisdiction.	17369

(G) Information provided to the office of victim services by	17370
victims of crime or a victim representative designated under	17371
section 2930.02 of the Revised Code for the purpose of program	17372
participation, of receiving services, or to communicate acts of an	17373
inmate or person under the supervision of the adult parole	17374
authority that threaten the safety and security of the victim	17375
shall be confidential and is not a public record under section	17376
149.43 of the Revised Code.	17377

(H)(1) If a person who was convicted of or pleaded guilty to	17378
an offense of violence that is a felony escapes from a	17379
correctional institution under the control of the department of	17380
rehabilitation and correction or otherwise escapes from the	17381
custody of the department, the office of victim services shall	17382
notify each victim of the offense or offenses committed by that	17383
person of that person's escape and, if applicable, of that	17384
person's subsequent apprehension. The office shall give this	17385
notice as soon as practicable after the escape and the office	17386
identifies and locates the victim. The office shall give this	17387
notice to each victim of the escaped person, regardless of whether	17388
the victim is registered for notification with the office, unless	17389
the victim has specifically notified the office that the victim	17390
does not wish to be notified regarding the person.	17391

The office may give the notice required by this division by	17392
telephone, in person, or by e-mail or other electronic means. If	17393
the office cannot locate a victim to whom notice is to be provided	17394
under this division, the office shall send the notice in writing	17395
to the last known address of that victim.	17396

(2) If a person escapes as described in division (H)(1) of	17397
this section, the office of victim services may request assistance	17398
from the prosecuting attorney of the county in which the person	17399
was convicted of or pleaded guilty to the offense in identifying	17400
and locating the victim of the offense.	17401

(I) Any reference in any Revised Code section other than this	17402
section to the "office of victims' services" of the division of	17403
parole and community services or of the department of	17404
rehabilitation and correction shall be construed as being a	17405
reference to, and meaning, the office of victim services created	17406
by division (A) of this section.	17407

(J) As used in this section, "crime," "member of the victim's	17408
family," and "victim" have the meanings given in section 2930.01	17409
of the Revised Code.	17410

Sec. 5120.66. (A) Within ninety days after November 23,	17411
2005, but not before January 1, 2006, the department of	17412
rehabilitation and correction shall establish and operate on the	17413
internet a database that contains all of the following:	17414

(1) For each inmate in the custody of the department under a	17415
sentence imposed for a conviction of or plea of guilty to any	17416
offense, all of the following information:	17417

(a) The inmate's name;

17418

(b) For each offense for which the inmate was sentenced to a	17419
prison term or term of imprisonment and is in the department's	17420
custody, the name of the offense, the Revised Code section of	17421
which the offense is a violation, the gender of each victim of the	17422
offense if those facts are known, whether each victim of the	17423
offense was an adult or child if those facts are known, the range	17424
of the possible prison terms or term of imprisonment that could	17425
have been imposed for the offense, the actual prison term or term	17426
of imprisonment imposed for the offense, the county in which the	17427
offense was committed, the date on which the inmate began serving	17428
the prison term or term of imprisonment imposed for the offense,	17429
and either the date on which the inmate will be eligible for	17430
parole relative to the offense if the prison term or term of	17431
imprisonment is an indefinite term or life term or the date on	17432
which the term ends if the prison term is a definite term;	17433

(c) All of the following information that is applicable	17434
regarding the inmate:	17435

(i) If known to the department prior to the conduct of any	17436
hearing for judicial release of the defendant pursuant to section	17437
2929.20 of the Revised Code in relation to any prison term or term	17438
of imprisonment the inmate is serving for any offense or any	17439
hearing for release of the defendant pursuant to section 2967.19	17440
of the Revised Code in relation to any such term, notice of the	17441
fact that the inmate will be having a hearing regarding a possible	17442
grant of judicial release or release, the date of the hearing, and	17443
the right of any person pursuant to division (J) of ~~that~~ section	17444
2929.20 or division (H) of section 2967.19 of the Revised Code,	17445
whichever is applicable, to submit to the court a written	17446
statement regarding the possible judicial release;or release. The	17447
department also shall post notice of the filing of any petition	17448
for release of the inmate pursuant to section 2967.19 of the	17449
Revised Code, as required by division (E) of that section.	17450

(ii) If the inmate is serving a prison term pursuant to	17451
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	17452
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	17453
Code, prior to the conduct of any hearing pursuant to section	17454
2971.05 of the Revised Code to determine whether to modify the	17455
requirement that the inmate serve the entire prison term in a	17456
state correctional facility in accordance with division (C) of	17457
that section, whether to continue, revise, or revoke any existing	17458
modification of that requirement, or whether to terminate the	17459
prison term in accordance with division (D) of that section,	17460
notice of the fact that the inmate will be having a hearing	17461
regarding those determinations and of the date of the hearing;	17462

(iii) At least three weeks before the adult parole authority	17463
recommends a pardon or commutation of sentence for the inmate or	17464
at least three weeks prior to a hearing before the adult parole	17465
authority regarding a grant of parole to the inmate in relation to	17466
any prison term or term of imprisonment the inmate is serving for	17467
any offense, notice of the fact that the inmate might be under	17468
consideration for a pardon or commutation of sentence or will be	17469
having a hearing regarding a possible grant of parole, of the date	17470
of any hearing regarding a possible grant of parole, and of the	17471
right of any person to submit a written statement regarding the	17472
pending action;	17473

(iv) At least three weeks before the inmate is transferred to	17474
transitional control under section 2967.26 of the Revised Code in	17475
relation to any prison term or term of imprisonment the inmate is	17476
serving for any offense, notice of the pendency of the transfer,	17477
of the date of the possible transfer, and of the right of any	17478
person to submit a statement regarding the possible transfer;	17479

(v) Prompt notice of the inmate's escape from any facility in	17480
which the inmate was incarcerated and of the capture of the inmate	17481
after an escape;	17482

(vi) Notice of the inmate's death while in confinement;

17483

(vii) Prior to the release of the inmate from confinement,	17484
notice of the fact that the inmate will be released, of the date	17485
of the release, and, if applicable, of the standard terms and	17486
conditions of the release;	17487

(viii) Notice of the inmate's judicial release pursuant to	17488
section 2929.20 of the Revised Code or release pursuant to section	17489
2967.19 of the Revised Code.	17490

(2) Information as to where a person can send written	17491
statements of the types referred to in divisions (A)(1)(c)(i),	17492
(iii), and (iv) of this section.	17493

(B)(1) The department shall update the database required	17494
under division (A) of this section every twenty-four hours to	17495
ensure that the information it contains is accurate and current.	17496

(2) The database required under division (A) of this section	17497
is a public record open for inspection under section 149.43 of the	17498
Revised Code. The department shall make the database searchable by	17499
inmate name and by the county and zip code where the offender	17500
intends to reside after release from a state correctional	17501
institution if this information is known to the department.	17502

(3) The database required under division (A) of this section	17503
may contain information regarding inmates who are listed in the	17504
database in addition to the information described in that	17505
division.	17506

(4) No information included on the database required under	17507
division (A) of this section shall identify or enable the	17508
identification of any victim of any offense committed by an	17509
inmate.	17510

(C) The failure of the department to comply with the	17511
requirements of division (A) or (B) of this section does not give	17512
any rights or any grounds for appeal or post-conviction relief to	17513
any inmate.	17514

(D) This section, and the related provisions of sections	17515
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	17516
in the act in which this section was enacted, shall be known as	17517
"Laura's Law."	17518

Sec. 5139.01. (A) As used in this chapter:

17519

(1) "Commitment" means the transfer of the physical custody	17520
of a child or youth from the court to the department of youth	17521
services.	17522

(2) "Permanent commitment" means a commitment that vests	17523
legal custody of a child in the department of youth services.	17524

(3) "Legal custody," insofar as it pertains to the status	17525
that is created when a child is permanently committed to the	17526
department of youth services, means a legal status in which the	17527
department has the following rights and responsibilities: the	17528
right to have physical possession of the child; the right and duty	17529
to train, protect, and control the child; the responsibility to	17530
provide the child with food, clothing, shelter, education, and	17531
medical care; and the right to determine where and with whom the	17532
child shall live, subject to the minimum periods of, or periods	17533
of, institutional care prescribed in sections 2152.13 to 2152.18	17534
of the Revised Code; provided, that these rights and	17535
responsibilities are exercised subject to the powers, rights,	17536
duties, and responsibilities of the guardian of the person of the	17537
child, and subject to any residual parental rights and	17538
responsibilities.	17539

(4) Unless the context requires a different meaning,	17540
"institution" means a state facility that is created by the	17541
general assembly and that is under the management and control of	17542
the department of youth services or a private entity with which	17543
the department has contracted for the institutional care and	17544
custody of felony delinquents.	17545

(5) "Full-time care" means care for twenty-four hours a day	17546
for over a period of at least two consecutive weeks.	17547

(6) "Placement" means the conditional release of a child	17548
under the terms and conditions that are specified by the	17549
department of youth services. The department shall retain legal	17550
custody of a child released pursuant to division (C) of section	17551
2152.22 of the Revised Code or division (C) of section 5139.06 of	17552
the Revised Code until the time that it discharges the child or	17553
until the legal custody is terminated as otherwise provided by	17554
law.	17555

(7) "Home placement" means the placement of a child in the	17556
home of the child's parent or parents or in the home of the	17557
guardian of the child's person.	17558

(8) "Discharge" means that the department of youth services'	17559
legal custody of a child is terminated.	17560

(9) "Release" means the termination of a child's stay in an	17561
institution and the subsequent period during which the child	17562
returns to the community under the terms and conditions of	17563
supervised release.	17564

(10) "Delinquent child" has the same meaning as in section	17565
2152.02 of the Revised Code.	17566

(11) "Felony delinquent" means any child who is at least ten	17567
years of age but less than eighteen years of age and who is	17568
adjudicated a delinquent child for having committed an act that if	17569
committed by an adult would be a felony. "Felony delinquent"	17570
includes any adult who is between the ages of eighteen and	17571
twenty-one and who is in the legal custody of the department of	17572
youth services for having committed an act that if committed by an	17573
adult would be a felony.	17574

(12) "Juvenile traffic offender" has the same meaning as in	17575
section 2152.02 of the Revised Code.	17576

(13) "Public safety beds" means all of the following:

17577

(a) Felony delinquents who have been committed to the	17578
department of youth services for the commission of an act, other	17579
than a violation of section 2911.01 or 2911.11 of the Revised	17580
Code, that is a category one offense or a category two offense and	17581
who are in the care and custody of an institution or have been	17582
diverted from care and custody in an institution and placed in a	17583
community corrections facility;	17584

(b) Felony delinquents who, while committed to the department	17585
of youth services and in the care and custody of an institution or	17586
a community corrections facility, are adjudicated delinquent	17587
children for having committed in that institution or community	17588
corrections facility an act that if committed by an adult would be	17589
a misdemeanor or a felony;	17590

17591

(i) They are at least ten years of age but less than eighteen	17592
years of age.	17593

(ii) They are adjudicated delinquent children for having	17594
committed acts that if committed by an adult would be a felony.	17595

(iii) They are committed to the department of youth services	17596
by the juvenile court of a county that has had one-tenth of one	17597
per cent or less of the statewide adjudications for felony	17598
delinquents as averaged for the past four fiscal years.	17599

(iv) They are in the care and custody of an institution or a	17600
community corrections facility.	17601

(d) Felony delinquents who, while committed to the department	17602
of youth services and in the care and custody of an institution	17603
are serving disciplinary time for having committed an act	17604
described in division (A)(18)(a), (b), or (c) of this section, and	17605
who have been institutionalized or institutionalized in a secure	17606
facility for the minimum period of time specified in divisions	17607
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.	17608

(e) Felony delinquents who are subject to and serving a	17609
three-year period of commitment order imposed by a juvenile court	17610
pursuant to divisions (A) and (B) of section 2152.17 of the	17611
Revised Code for an act, other than a violation of section 2911.11	17612
of the Revised Code, that would be a category one offense or	17613
category two offense if committed by an adult.	17614

(f) Felony delinquents who are described in divisions	17615
(A)(13)(a) to (e) of this section, who have been granted a	17616
judicial release to court supervision under division (B) or (D) of	17617
section 2152.22 of the Revised Code or a judicial release to the	17618
department of youth services supervision under division (C) or (D)	17619
of that section from the commitment to the department of youth	17620
services for the act described in divisions (A)(13)(a) to (e) of	17621
this section, who have violated the terms and conditions of that	17622
release, and who, pursuant to an order of the court of the county	17623
in which the particular felony delinquent was placed on release	17624
that is issued pursuant to division ~~(D)~~(E) of section 2152.22 of	17625
the Revised Code, have been returned to the department for	17626
institutionalization or institutionalization in a secure facility.	17627

(g) Felony delinquents who have been committed to the custody	17628
of the department of youth services, who have been granted	17629
supervised release from the commitment pursuant to section 5139.51	17630
of the Revised Code, who have violated the terms and conditions of	17631
that supervised release, and who, pursuant to an order of the	17632
court of the county in which the particular child was placed on	17633
supervised release issued pursuant to division (F) of section	17634
5139.52 of the Revised Code, have had the supervised release	17635
revoked and have been returned to the department for	17636
institutionalization. A felony delinquent described in this	17637
division shall be a public safety bed only for the time during	17638
which the felony delinquent is institutionalized as a result of	17639
the revocation subsequent to the initial thirty-day period of	17640
institutionalization required by division (F) of section 5139.52	17641
of the Revised Code.	17642

(14) Unless the context requires a different meaning,	17643
"community corrections facility" means a county or multicounty	17644
rehabilitation center for felony delinquents who have been	17645
committed to the department of youth services and diverted from	17646
care and custody in an institution and placed in the	17647
rehabilitation center pursuant to division (E) of section 5139.36	17648
of the Revised Code.	17649

(15) "Secure facility" means any facility that is designed	17650
and operated to ensure that all of its entrances and exits are	17651
under the exclusive control of its staff and to ensure that,	17652
because of that exclusive control, no child who has been	17653
institutionalized in the facility may leave the facility without	17654
permission or supervision.	17655

(16) "Community residential program" means a program that	17656
satisfies both of the following:	17657

(a) It is housed in a building or other structure that has no	17658
associated major restraining construction, including, but not	17659
limited to, a security fence.	17660

(b) It provides twenty-four-hour care, supervision, and	17661
programs for felony delinquents who are in residence.	17662

(17) "Category one offense" and "category two offense" have	17663
the same meanings as in section 2151.26 of the Revised Code.	17664

(18) "Disciplinary time" means additional time that the	17665
department of youth services requires a felony delinquent to serve	17666
in an institution, that delays the felony delinquent's planned	17667
release, and that the department imposes upon the felony	17668
delinquent following the conduct of an internal due process	17669
hearing for having committed any of the following acts while	17670
committed to the department and in the care and custody of an	17671
institution:	17672

(a) An act that if committed by an adult would be a felony;

17673

(b) An act that if committed by an adult would be a	17674
misdemeanor;	17675

(c) An act that is not described in division (A)(18)(a) or	17676
(b) of this section and that violates an institutional rule of	17677
conduct of the department.	17678

(19) "Unruly child" has the same meaning as in section	17679
2151.022 of the Revised Code.	17680

(20) "Revocation" means the act of revoking a child's	17681
supervised release for a violation of a term or condition of the	17682
child's supervised release in accordance with section 5139.52 of	17683
the Revised Code.	17684

(21) "Release authority" means the release authority of the	17685
department of youth services that is established by section	17686
5139.50 of the Revised Code.	17687

(22) "Supervised release" means the event of the release of a	17688
child under this chapter from an institution and the period after	17689
that release during which the child is supervised and assisted by	17690
an employee of the department of youth services under specific	17691
terms and conditions for reintegration of the child into the	17692
community.	17693

(23) "Victim" means the person identified in a police report,	17694
complaint, or information as the victim of an act that would have	17695
been a criminal offense if committed by an adult and that provided	17696
the basis for adjudication proceedings resulting in a child's	17697
commitment to the legal custody of the department of youth	17698
services.	17699

(24) "Victim's representative" means a member of the victim's	17700
family or another person whom the victim or another authorized	17701
person designates in writing, pursuant to section 5139.56 of the	17702
Revised Code, to represent the victim with respect to proceedings	17703
of the release authority of the department of youth services and	17704
with respect to other matters specified in that section.	17705

(25) "Member of the victim's family" means a spouse, child,	17706
stepchild, sibling, parent, stepparent, grandparent, other	17707
relative, or legal guardian of a child but does not include a	17708
person charged with, convicted of, or adjudicated a delinquent	17709
child for committing a criminal or delinquent act against the	17710
victim or another criminal or delinquent act arising out of the	17711
same conduct, criminal or delinquent episode, or plan as the	17712
criminal or delinquent act committed against the victim.	17713

(26) "Judicial release to court supervision" means a release	17714
of a child from institutional care or institutional care in a	17715
secure facility that is granted by a court pursuant to division	17716
(B) of section 2152.22 of the Revised Code during the period	17717
specified in that division or that is granted by a court to court	17718
supervision pursuant to division (D) of that section during the	17719
period specified in that division.	17720

(27) "Judicial release to department of youth services	17721
supervision" means a release of a child from institutional care or	17722
institutional care in a secure facility that is granted by a court	17723
pursuant to division (C) of section 2152.22 of the Revised Code	17724
during the period specified in that division or that is granted to	17725
department supervision by a court pursuant to division (D) of that	17726
section during the period specified in that division.	17727

(28) "Juvenile justice system" includes all of the functions	17728
of the juvenile courts, the department of youth services, any	17729
public or private agency whose purposes include the prevention of	17730
delinquency or the diversion, adjudication, detention, or	17731
rehabilitation of delinquent children, and any of the functions of	17732
the criminal justice system that are applicable to children.	17733

(29) "Metropolitan county criminal justice services agency"	17734
means an agency that is established pursuant to division (A) of	17735
section 5502.64 of the Revised Code.	17736

(30) "Administrative planning district" means a district that	17737
is established pursuant to division (A) or (B) of section 5502.66	17738
of the Revised Code.	17739

(31) "Criminal justice coordinating council" means a criminal	17740
justice services agency that is established pursuant to division	17741
(D) of section 5502.66 of the Revised Code.	17742

(32) "Comprehensive plan" means a document that coordinates,	17743
evaluates, and otherwise assists, on an annual or multi-year	17744
basis, all of the functions of the juvenile justice systems of the	17745
state or a specified area of the state, that conforms to the	17746
priorities of the state with respect to juvenile justice systems,	17747
and that conforms with the requirements of all federal criminal	17748
justice acts. These functions include, but are not limited to, all	17749
of the following:	17750

(a) Delinquency;

17751

(b) Identification, detection, apprehension, and detention of	17752
persons charged with delinquent acts;	17753

(c) Assistance to crime victims or witnesses, except that the	17754
comprehensive plan does not include the functions of the attorney	17755
general pursuant to sections 109.91 and 109.92 of the Revised	17756
Code;	17757

(d) Adjudication or diversion of persons charged with	17758
delinquent acts;	17759

(e) Custodial treatment of delinquent children;

17760

(f) Institutional and noninstitutional rehabilitation of	17761
delinquent children.	17762

(B) There is hereby created the department of youth services.	17763
The governor shall appoint the director of the department with the	17764
advice and consent of the senate. The director shall hold office	17765
during the term of the appointing governor but subject to removal	17766
at the pleasure of the governor. Except as otherwise authorized in	17767
section 108.05 of the Revised Code, the director shall devote the	17768
director's entire time to the duties of the director's office and	17769
shall hold no other office or position of trust or profit during	17770
the director's term of office.	17771

The director is the chief executive and administrative	17772
officer of the department and has all the powers of a department	17773
head set forth in Chapter 121. of the Revised Code. The director	17774
may adopt rules for the government of the department, the conduct	17775
of its officers and employees, the performance of its business,	17776
and the custody, use, and preservation of the department's	17777
records, papers, books, documents, and property. The director	17778
shall be an appointing authority within the meaning of Chapter	17779
124. of the Revised Code. Whenever this or any other chapter or	17780
section of the Revised Code imposes a duty on or requires an	17781
action of the department, the duty or action shall be performed by	17782
the director or, upon the director's order, in the name of the	17783
department.	17784

Sec. 5139.06. (A) When a child has been committed to the	17785
department of youth services, the department shall do both of the	17786
following:	17787

(1) Place the child in an appropriate institution under the	17788
condition that it considers best designed for the training and	17789
rehabilitation of the child and the protection of the public,	17790
provided that the institutional placement shall be consistent with	17791
the order committing the child to its custody;	17792

(2) Maintain the child in institutional care or institutional	17793
care in a secure facility for the required period of	17794
institutionalization in a manner consistent with division (A)(1)	17795
of section 2152.16 and divisions (A) to (F) of section 2152.17 of	17796
the Revised Code, whichever are applicable, and with section	17797
5139.38 or division (B) or, (C), or (D) of section 2152.22 of the	17798
Revised Code.	17799

(B) When a child has been committed to the department of	17800
youth services and has not been institutionalized or	17801
institutionalized in a secure facility for the prescribed minimum	17802
period of time, including, but not limited to, a prescribed period	17803
of time under division (A)(1)(a) of section 2152.16 of the Revised	17804
Code, the department, the child, or the child's parent may request	17805
the court that committed the child to order a judicial release to	17806
court supervision or a judicial release to department of youth	17807
services supervision in accordance with division (B) or, (C), or	17808
(D) of section 2152.22 of the Revised Code, and the child may be	17809
released from institutionalization or institutionalization in a	17810
secure facility in accordance with the applicable division. A	17811
child in those circumstances shall not be released from	17812
institutionalization or institutionalization in a secure facility	17813
except in accordance with section 2152.22 or 5139.38 of the	17814
Revised Code. When a child is released pursuant to a judicial	17815
release to court supervision under division (B) or (D) of section	17816
2152.22 of the Revised Code, the department shall comply with	17817
division (B)(3) of that section and, if the court requests, shall	17818
send the committing court a report on the child's progress in the	17819
institution and recommendations for conditions of supervision by	17820
the court after release. When a child is released pursuant to a	17821
judicial release to department of youth services supervision under	17822
division (C) or (D) of section 2152.22 of the Revised Code, the	17823
department shall comply with division (C)(3) of that section	17824
relative to the child and shall send the committing court and the	17825
juvenile court of the county in which the child is placed a copy	17826
of the treatment and rehabilitation plan described in that	17827
division and the conditions that it fixed. The court of the county	17828
in which the child is placed may adopt the conditions as an order	17829
of the court and may add any additional consistent conditions it	17830
considers appropriate, provided that the court may not add any	17831
condition that decreases the level or degree of supervision	17832
specified by the department in its plan, that substantially	17833
increases the financial burden of supervision that will be	17834
experienced by the department, or that alters the placement	17835
specified by the department in its plan. Any violations of the	17836
conditions of the child's judicial release or early release shall	17837
be handled pursuant to division ~~(D)~~(E) of section 2152.22 of the	17838
Revised Code.	17839

(C) When a child has been committed to the department of	17840
youth services, the department may do any of the following:	17841

(1) Notwithstanding the provisions of this chapter, Chapter	17842
2151., or Chapter 2152. of the Revised Code that prescribe	17843
required periods of institutionalization, transfer the child to	17844
any other state institution, whenever it appears that the child by	17845
reason of mental illness, mental retardation, or other	17846
developmental disability ought to be in another state institution.	17847
Before transferring a child to any other state institution, the	17848
department shall include in the minutes a record of the order of	17849
transfer and the reason for the transfer and, at least seven days	17850
prior to the transfer, shall send a certified copy of the order to	17851
the person shown by its record to have had the care or custody of	17852
the child immediately prior to the child's commitment. Except as	17853
provided in division (C)(2) of this section, no person shall be	17854
transferred from a benevolent institution to a correctional	17855
institution or to a facility or institution operated by the	17856
department of youth services.	17857

(2) Notwithstanding the provisions of this chapter, Chapter	17858
2151., or Chapter 2152. of the Revised Code that prescribe	17859
required periods of institutionalization, transfer the child under	17860
section 5120.162 of the Revised Code to a correctional medical	17861
center established by the department of rehabilitation and	17862
correction, whenever the child has an illness, physical condition,	17863
or other medical problem and it appears that the child would	17864
benefit from diagnosis or treatment at the center for that	17865
illness, condition, or problem. Before transferring a child to a	17866
center, the department of youth services shall include in the	17867
minutes a record of the order of transfer and the reason for the	17868
transfer and, except in emergency situations, at least seven days	17869
prior to the transfer, shall send a certified copy of the order to	17870
the person shown by its records to have had the care or custody of	17871
the child immediately prior to the child's commitment. If the	17872
transfer of the child occurs in an emergency situation, as soon as	17873
possible after the decision is made to make the transfer, the	17874
department of youth services shall send a certified copy of the	17875
order to the person shown by its records to have had the care or	17876
custody of the child immediately prior to the child's commitment.	17877
A transfer under this division shall be in accordance with the	17878
terms of the agreement the department of youth services enters	17879
into with the department of rehabilitation and correction under	17880
section 5120.162 of the Revised Code and shall continue only as	17881
long as the child reasonably appears to receive benefit from	17882
diagnosis or treatment at the center for an illness, physical	17883
condition, or other medical problem.	17884

(3) Revoke or modify any order of the department except an	17885
order of discharge as often as conditions indicate it to be	17886
desirable;	17887

(4) If the child was committed pursuant to division	17888
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code	17889
and has been institutionalized or institutionalized in a secure	17890
facility for the prescribed minimum periods of time under ~~those~~	17891
~~divisions~~the division pursuant to which the commitment was made,	17892
assign the child to a family home, a group care facility, or other	17893
place maintained under public or private auspices, within or	17894
without this state, for necessary treatment and rehabilitation,	17895
the costs of which may be paid by the department, provided that	17896
the department shall notify the committing court, in writing, of	17897
the place and terms of the assignment at least fifteen days prior	17898
to the scheduled date of the assignment;	17899

(5) Release the child from an institution in accordance with	17900
sections 5139.51 to 5139.54 of the Revised Code in the	17901
circumstances described in those sections.	17902

(D) The department of youth services shall notify the	17903
committing court of any order transferring the physical location	17904
of any child committed to it in accordance with section 5139.35 of	17905
the Revised Code. Upon the discharge from its custody and control,	17906
the department may petition the court for an order terminating its	17907
custody and control.	17908

Sec. 5139.18. (A) Except with respect to children who are	17909
granted a judicial release to court supervision pursuant to	17910
division (B) or (D) of section 2152.22 of the Revised Code, the	17911
department of youth services is responsible for locating homes or	17912
jobs for children released from its institutions, for supervision	17913
of children released from its institutions, and for providing or	17914
arranging for the provision to those children of appropriate	17915
services that are required to facilitate their satisfactory	17916
community adjustment. Regional administrators through their staff	17917
of parole officers shall supervise children paroled or released to	17918
community supervision in a manner that insures as nearly as	17919
possible the children's rehabilitation and that provides maximum	17920
protection to the general public.	17921

(B) The department of youth services shall exercise general	17922
supervision over all children who have been released on placement	17923
from any of its institutions other than children who are granted a	17924
judicial release to court supervision pursuant to division (B) or	17925
(D) of section 2152.22 of the Revised Code. The director of youth	17926
services, with the consent and approval of the board of county	17927
commissioners of any county, may contract with the public children	17928
services agency of that county, the department of probation of	17929
that county established pursuant to section 2301.27 of the Revised	17930
Code, or the probation department or service established pursuant	17931
to sections 2151.01 to 2151.54 of the Revised Code for the	17932
provision of direct supervision and control over and the provision	17933
of supportive assistance to all children who have been released on	17934
placement into that county from any of its institutions, or, with	17935
the consent of the juvenile judge or the administrative judge of	17936
the juvenile court of any county, contract with any other public	17937
agency, institution, or organization that is qualified to provide	17938
the care and supervision that is required under the terms and	17939
conditions of the child's treatment plan for the provision of	17940
direct supervision and control over and the provision of	17941
supportive assistance to all children who have been released on	17942
placement into that county from any of its institutions.	17943

(C) A juvenile parole officer shall furnish to a child placed	17944
on community control under the parole officer's supervision a	17945
statement of the conditions of parole and shall instruct the child	17946
regarding them. The parole officer shall keep informed concerning	17947
the conduct and condition of a child under the parole officer's	17948
supervision and shall report on the child's conduct to the judge	17949
as the judge directs. A parole officer shall use all suitable	17950
methods to aid a child on community control and to improve the	17951
child's conduct and condition. A parole officer shall keep full	17952
and accurate records of work done for children under the parole	17953
officer's supervision.	17954

(D) In accordance with division (D) of section 2151.14 of the	17955
Revised Code, a court may issue an order requiring boards of	17956
education, governing bodies of chartered nonpublic schools, public	17957
children services agencies, private child placing agencies,	17958
probation departments, law enforcement agencies, and prosecuting	17959
attorneys that have records related to the child in question to	17960
provide copies of one or more specified records, or specified	17961
information in one or more specified records, that the individual	17962
or entity has with respect to the child to the department of youth	17963
services when the department has custody of the child or is	17964
performing any services for the child that are required by the	17965
juvenile court or by statute, and the department requests the	17966
records in accordance with division (D)(3)(a) of section 2151.14	17967
of the Revised Code.	17968

(E) Whenever any placement official has reasonable cause to	17969
believe that any child released by a court pursuant to section	17970
2152.22 of the Revised Code has violated the conditions of the	17971
child's placement, the official may request, in writing, from the	17972
committing court or transferee court a custodial order, and, upon	17973
reasonable and probable cause, the court may order any sheriff,	17974
deputy sheriff, constable, or police officer to apprehend the	17975
child. A child so apprehended may be confined in the detention	17976
facility of the county in which the child is apprehended until	17977
further order of the court. If a child who was released on	17978
supervised release by the release authority of the department of	17979
youth services or a child who was granted a judicial release to	17980
department of youth services supervision violates the conditions	17981
of the supervised release or judicial release, section 5139.52 of	17982
the Revised Code applies with respect to that child.	17983

Sec. 5139.20. (A) Notwithstanding any other provision of the	17984
Revised Code that sets forth the minimum periods or period for	17985
which a child committed to the department of youth services is to	17986
be institutionalized or institutionalized in a secure facility or	17987
the procedures for the judicial release to court supervision or	17988
judicial release to department of youth services supervision, the	17989
department may grant emergency releases to children confined in	17990
state juvenile institutions if the governor, upon request of the	17991
director of the department authorizes the director, in writing, to	17992
issue a declaration that an emergency overcrowding condition	17993
exists in all of the institutions in which males are confined, or	17994
in all of the institutions in which females are confined, that are	17995
under the control of the department. If the governor authorizes	17996
the issuance of a declaration, the director may issue the	17997
declaration. If the director issues the declaration, the director	17998
shall file a copy of it with the secretary of state, which copy	17999
shall be a public record. Upon the filing of the copy, the	18000
department is authorized to grant emergency releases to children	18001
within its custody subject to division (B) of this section. The	18002
authority to grant the emergency releases shall continue until the	18003
expiration of thirty days from the day on which the declaration	18004
was filed. The director shall not issue a declaration that an	18005
emergency overcrowding condition exists unless the director	18006
determines that no other method of alleviating the overcrowding	18007
condition is available.	18008

(B)(1) If the department is authorized under division (A) of	18009
this section to grant emergency releases to children within its	18010
custody, the department shall determine which, if any, children to	18011
release under that authority only in accordance with this division	18012
and divisions (C), (D), and (E) of this section. The department,	18013
in determining which, if any, children to release, initially shall	18014
classify each child within its custody according to the degree of	18015
offense that the act for which the child is serving the period of	18016
institutionalization would have been if committed by an adult. The	18017
department then shall scrutinize individual children for emergency	18018
release, based upon their degree of offense, in accordance with	18019
the categories and the order of consideration set forth in	18020
division (B)(2) of this section. After scrutiny of all children	18021
within the particular category under consideration, the department	18022
shall designate individual children within that category to whom	18023
it wishes to grant an emergency release.	18024

(2) The categories of children in the custody of the	18025
department that may be considered for emergency release under this	18026
section, and the order in which the categories shall be	18027
considered, are as follows:	18028

(a) Initially, only children who are not serving a period of	18029
institutionalization for an act that would have been aggravated	18030
murder, murder, or a felony of the first, second, third, or fourth	18031
degree if committed by an adult or for an act that was committed	18032
before July 1, 1996, and that would have been an aggravated felony	18033
of the first, second, or third degree if committed by an adult may	18034
be considered.	18035

(b) When all children in the category described in division	18036
(B)(2)(a) of this section have been scrutinized and all children	18037
in that category who have been designated for emergency release	18038
under division (B)(1) of this section have been so released, then	18039
all children who are not serving a period of institutionalization	18040
for an act that would have been aggravated murder, murder, or a	18041
felony of the first or second degree if committed by an adult or	18042
for an act that was committed before July 1, 1996, and that would	18043
have been an aggravated felony of the first or second degree if	18044
committed by an adult may be considered.	18045

(c) When all children in the categories described in	18046
divisions (B)(2)(a) and (b) of this section have been scrutinized	18047
and all children in those categories who have been designated for	18048
emergency release under division (B)(1) of this section have been	18049
released, then all children who are not serving a term of	18050
institutionalization for an act that would have been aggravated	18051
murder, murder, or a felony of the first degree if committed by an	18052
adult or for an act that was committed before July 1, 1996, and	18053
that would have been an aggravated felony of the first or second	18054
degree if committed by an adult may be considered.	18055

(d) In no case shall the department consider for emergency	18056
release any child who is serving a term of institutionalization	18057
for an act that would have been aggravated murder, murder, or a	18058
felony of the first degree if committed by an adult or for an act	18059
that was committed before July 1, 1996, and that would have been	18060
an aggravated felony of the first degree if committed by an adult,	18061
and in no case shall the department grant an emergency release to	18062
any such child pursuant to this section.	18063

(C) An emergency release granted pursuant to this section	18064
shall consist of one of the following:	18065

(1) A supervised release under terms and conditions that the	18066
department believes conducive to law-abiding conduct;	18067

(2) A discharge of the child from the custody and control of	18068
the department if the department is satisfied that the discharge	18069
is consistent with the welfare of the individual and protection of	18070
the public;	18071

(3) An assignment to a family home, a group care facility, or	18072
other place maintained under public or private auspices, within or	18073
without this state, for necessary treatment or rehabilitation, the	18074
costs of which may be paid by the department.	18075

(D) If a child is granted an emergency release pursuant to	18076
this section, the child thereafter shall be considered to have	18077
been institutionalized or institutionalized in a secure facility	18078
for the prescribed minimum period of time under division	18079
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	18080
Code, or ~~divisions~~all definite periods of commitment imposed	18081
under division (A) ~~and~~, (B), (C), or (D) of section 2152.17 of the	18082
Revised Code plus the prescribed minimum period of time imposed	18083
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of	18084
the Revised Code, whichever is applicable. The department shall	18085
retain legal custody of a child so released until it discharges	18086
the child or until its custody is terminated as otherwise provided	18087
by law.	18088

(E)(1) If a child is granted an emergency release so that the	18089
child is released on supervised release or assigned to a family	18090
home, group care facility, or other place for treatment or	18091
rehabilitation, the department shall prepare a written treatment	18092
and rehabilitation plan for the child in accordance with division	18093
~~(E)~~(F) of section 2152.22 of the Revised Code, which shall include	18094
the conditions of the child's release or assignment, and shall	18095
send the committing court and the juvenile court of the county in	18096
which the child is placed a copy of the plan and the conditions	18097
that it fixed. The court of the county in which the child is	18098
placed may adopt the conditions as an order of the court and may	18099
add any additional consistent conditions it considers appropriate.	18100
If a child is released on supervised release or is assigned	18101
subject to specified conditions and the court of the county in	18102
which the child is placed has reason to believe that the child's	18103
deportment is not in accordance with any post-release conditions	18104
established by the court in its journal entry, the court of the	18105
county in which the child is placed, in its discretion, may	18106
schedule a time for a hearing on whether the child violated any of	18107
the post-release conditions. If that court conducts a hearing and	18108
determines at the hearing that the child violated any of the	18109
post-release conditions established in its journal entry, the	18110
court, if it determines that the violation of the conditions was a	18111
serious violation, may order the child to be returned to the	18112
department of youth services for institutionalization or, in any	18113
case, may make any other disposition of the child authorized by	18114
law that the court considers proper. If the court of the county in	18115
which the child is placed orders the child to be returned to a	18116
department of youth services institution, the child shall remain	18117
institutionalized for a minimum period of three months.	18118

(2) The department also shall file a written progress report	18119
with the committing court regarding each child granted an	18120
emergency release pursuant to this section at least once every	18121
thirty days unless specifically directed otherwise by the court.	18122
The report shall include the information required of reports	18123
described in division ~~(F)~~(G) of section 2152.22 of the Revised	18124
Code.	18125

Sec. 5139.43. (A) The department of youth services shall	18126
operate a felony delinquent care and custody program that shall be	18127
operated in accordance with the formula developed pursuant to	18128
section 5139.41 of the Revised Code, subject to the conditions	18129
specified in this section.	18130

(B)(1) Each juvenile court shall use the moneys disbursed to	18131
it by the department of youth services pursuant to division (B) of	18132
section 5139.41 of the Revised Code in accordance with the	18133
applicable provisions of division (B)(2) of this section and shall	18134
transmit the moneys to the county treasurer for deposit in	18135
accordance with this division. The county treasurer shall create	18136
in the county treasury a fund that shall be known as the felony	18137
delinquent care and custody fund and shall deposit in that fund	18138
the moneys disbursed to the juvenile court pursuant to division	18139
(B) of section 5139.41 of the Revised Code. The county treasurer	18140
also shall deposit into that fund the state subsidy funds granted	18141
to the county pursuant to section 5139.34 of the Revised Code. The	18142
moneys disbursed to the juvenile court pursuant to division (B) of	18143
section 5139.41 of the Revised Code and deposited pursuant to this	18144
division in the felony delinquent care and custody fund shall not	18145
be commingled with any other county funds except state subsidy	18146
funds granted to the county pursuant to section 5139.34 of the	18147
Revised Code; shall not be used for any capital construction	18148
projects; upon an order of the juvenile court and subject to	18149
appropriation by the board of county commissioners, shall be	18150
disbursed to the juvenile court for use in accordance with the	18151
applicable provisions of division (B)(2) of this section; shall	18152
not revert to the county general fund at the end of any fiscal	18153
year; and shall carry over in the felony delinquent care and	18154
custody fund from the end of any fiscal year to the next fiscal	18155
year. The maximum balance carry-over at the end of each respective	18156
fiscal year in the felony delinquent care and custody fund in any	18157
county from funds allocated to the county pursuant to sections	18158
5139.34 and 5139.41 of the Revised Code in the previous fiscal	18159
year shall not exceed an amount to be calculated as provided in	18160
the formula set forth in this division, unless that county has	18161
applied for and been granted an exemption by the director of youth	18162
services. Beginning June 30, 2008, the maximum balance carry-over	18163
at the end of each respective fiscal year shall be determined by	18164
the following formula: for fiscal year 2008, the maximum balance	18165
carry-over shall be one hundred per cent of the allocation for	18166
fiscal year 2007, to be applied in determining the fiscal year	18167
2009 allocation; for fiscal year 2009, it shall be fifty per cent	18168
of the allocation for fiscal year 2008, to be applied in	18169
determining the fiscal year 2010 allocation; for fiscal year 2010,	18170
it shall be twenty-five per cent of the allocation for fiscal year	18171
2009, to be applied in determining the fiscal year 2011	18172
allocation; and for each fiscal year subsequent to fiscal year	18173
2010, it shall be twenty-five per cent of the allocation for the	18174
immediately preceding fiscal year, to be applied in determining	18175
the allocation for the next immediate fiscal year. The department	18176
shall withhold from future payments to a county an amount equal to	18177
any moneys in the felony delinquent care and custody fund of the	18178
county that exceed the total maximum balance carry-over that	18179
applies for that county for the fiscal year in which the payments	18180
are being made and shall reallocate the withheld amount. The	18181
department shall adopt rules for the withholding and reallocation	18182
of moneys disbursed under sections 5139.34 and 5139.41 of the	18183
Revised Code and for the criteria and process for a county to	18184
obtain an exemption from the withholding requirement. The moneys	18185
disbursed to the juvenile court pursuant to division (B) of	18186
section 5139.41 of the Revised Code and deposited pursuant to this	18187
division in the felony delinquent care and custody fund shall be	18188
in addition to, and shall not be used to reduce, any usual annual	18189
increase in county funding that the juvenile court is eligible to	18190
receive or the current level of county funding of the juvenile	18191
court and of any programs or services for delinquent children,	18192
unruly children, or juvenile traffic offenders.	18193

(2)(a) A county and the juvenile court that serves the county	18194
shall use the moneys in its felony delinquent care and custody	18195
fund in accordance with rules that the department of youth	18196
services adopts pursuant to division (D) of section 5139.04 of the	18197
Revised Code and as follows:	18198

(i) The moneys in the fund that represent state subsidy funds	18199
granted to the county pursuant to section 5139.34 of the Revised	18200
Code shall be used to aid in the support of prevention, early	18201
intervention, diversion, treatment, and rehabilitation programs	18202
that are provided for alleged or adjudicated unruly children or	18203
delinquent children or for children who are at risk of becoming	18204
unruly children or delinquent children. The county shall not use	18205
for capital improvements more than fifteen per cent of the moneys	18206
in the fund that represent the applicable annual grant of those	18207
state subsidy funds.	18208

(ii) The moneys in the fund that were disbursed to the	18209
juvenile court pursuant to division (B) of section 5139.41 of the	18210
Revised Code and deposited pursuant to division (B)(1) of this	18211
section in the fund shall be used to provide programs and services	18212
for the training, treatment, or rehabilitation of felony	18213
delinquents that are alternatives to their commitment to the	18214
department, including, but not limited to, community residential	18215
programs, day treatment centers, services within the home, and	18216
electronic monitoring, and shall be used in connection with	18217
training, treatment, rehabilitation, early intervention, or other	18218
programs or services for any delinquent child, unruly child, or	18219
juvenile traffic offender who is under the jurisdiction of the	18220
juvenile court.	18221

The fund also may be used for prevention, early intervention,	18222
diversion, treatment, and rehabilitation programs that are	18223
provided for alleged or adjudicated unruly children, delinquent	18224
children, or juvenile traffic offenders or for children who are at	18225
risk of becoming unruly children, delinquent children, or juvenile	18226
traffic offenders. Consistent with division (B)(1) of this	18227
section, a county and the juvenile court of a county shall not use	18228
any of those moneys for capital construction projects.	18229

(iii) Moneys in the fund shall not be used to support	18230
programs or services that do not comply with federal juvenile	18231
justice and delinquency prevention core requirements or to support	18232
programs or services that research has shown to be ineffective.	18233
Research-supported, outcome-based programs and services, to the	18234
extent they are available, shall be encouraged.	18235

(iv) The county and the juvenile court that serves the county	18236
may use moneys in the fund to provide out-of-home placement of	18237
children only in detention centers, community rehabilitation	18238
centers, or community corrections facilities approved by the	18239
department pursuant to standards adopted by the department,	18240
licensed by an authorized state agency, or accredited by the	18241
American correctional association or another national organization	18242
recognized by the department.	18243

(b) Each juvenile court shall comply with division (B)(3)(d)	18244
of this section as implemented by the department. If a juvenile	18245
court fails to comply with division (B)(3)(d) of this section, the	18246
department shall not be required to make any disbursements in	18247
accordance with division (C) or (D) of section 5139.41 or division	18248
(C)(2) of section 5139.34 of the Revised Code.	18249

(3) In accordance with rules adopted by the department	18250
pursuant to division (D) of section 5139.04 of the Revised Code,	18251
each juvenile court and the county served by that juvenile court	18252
shall do all of the following that apply:	18253

(a) The juvenile court shall prepare an annual grant	18254
agreement and application for funding that satisfies the	18255
requirements of this section and section 5139.34 of the Revised	18256
Code and that pertains to the use, upon an order of the juvenile	18257
court and subject to appropriation by the board of county	18258
commissioners, of the moneys in its felony delinquent care and	18259
custody fund for specified programs, care, and services as	18260
described in division (B)(2)(a) of this section, shall submit that	18261
agreement and application to the county family and children first	18262
council, the regional family and children first council, or the	18263
local intersystem services to children cluster as described in	18264
sections 121.37 and 121.38 of the Revised Code, whichever is	18265
applicable, and shall file that agreement and application with the	18266
department for its approval. The annual grant agreement and	18267
application for funding shall include a method of ensuring equal	18268
access for minority youth to the programs, care, and services	18269
specified in it.	18270

The department may approve an annual grant agreement and	18271
application for funding only if the juvenile court involved has	18272
complied with the preparation, submission, and filing requirements	18273
described in division (B)(3)(a) of this section. If the juvenile	18274
court complies with those requirements and the department approves	18275
that agreement and application, the juvenile court and the county	18276
served by the juvenile court may expend the state subsidy funds	18277
granted to the county pursuant to section 5139.34 of the Revised	18278
Code only in accordance with division (B)(2)(a) of this section,	18279
the rules pertaining to state subsidy funds that the department	18280
adopts pursuant to division (D) of section 5139.04 of the Revised	18281
Code, and the approved agreement and application.	18282

(b) By the thirty-first day of August of each year, the	18283
juvenile court shall file with the department a report that	18284
contains all of the statistical and other information for each	18285
month of the prior state fiscal year. If the juvenile court fails	18286
to file the report required by division (B)(3)(b) of this section	18287
by the thirty-first day of August of any year, the department	18288
shall not disburse any payment of state subsidy funds to which the	18289
county otherwise is entitled pursuant to section 5139.34 of the	18290
Revised Code and shall not disburse pursuant to division (B) of	18291
section 5139.41 of the Revised Code the applicable allocation	18292
until the juvenile court fully complies with division (B)(3)(b) of	18293
this section.	18294

(c) If the department requires the juvenile court to prepare	18295
monthly statistical reports and to submit the reports on forms	18296
provided by the department, the juvenile court shall file those	18297
reports with the department on the forms so provided. If the	18298
juvenile court fails to prepare and submit those monthly	18299
statistical reports within the department's timelines, the	18300
department shall not disburse any payment of state subsidy funds	18301
to which the county otherwise is entitled pursuant to section	18302
5139.34 of the Revised Code and shall not disburse pursuant to	18303
division (B) of section 5139.41 of the Revised Code the applicable	18304
allocation until the juvenile court fully complies with division	18305
(B)(3)(c) of this section. If the juvenile court fails to prepare	18306
and submit those monthly statistical reports within one hundred	18307
eighty days of the date the department establishes for their	18308
submission, the department shall not disburse any payment of state	18309
subsidy funds to which the county otherwise is entitled pursuant	18310
to section 5139.34 of the Revised Code and shall not disburse	18311
pursuant to division (B) of section 5139.41 of the Revised Code	18312
the applicable allocation, and the state subsidy funds and the	18313
remainder of the applicable allocation shall revert to the	18314
department. If a juvenile court states in a monthly statistical	18315
report that the juvenile court adjudicated within a state fiscal	18316
year five hundred or more children to be delinquent children for	18317
committing acts that would be felonies if committed by adults and	18318
if the department determines that the data in the report may be	18319
inaccurate, the juvenile court shall have an independent auditor	18320
or other qualified entity certify the accuracy of the data on a	18321
date determined by the department.	18322

(d) If the department requires the juvenile court and the	18323
county to participate in a fiscal monitoring program or another	18324
monitoring program that is conducted by the department to ensure	18325
compliance by the juvenile court and the county with division (B)	18326
of this section, the juvenile court and the county shall	18327
participate in the program and fully comply with any guidelines	18328
for the performance of audits adopted by the department pursuant	18329
to that program and all requests made by the department pursuant	18330
to that program for information necessary to reconcile fiscal	18331
accounting. If an audit that is performed pursuant to a fiscal	18332
monitoring program or another monitoring program described in this	18333
division determines that the juvenile court or the county used	18334
moneys in the county's felony delinquent care and custody fund for	18335
expenses that are not authorized under division (B) of this	18336
section, within forty-five days after the department notifies the	18337
county of the unauthorized expenditures, the county either shall	18338
repay the amount of the unauthorized expenditures from the county	18339
general revenue fund to the state's general revenue fund or shall	18340
file a written appeal with the department. If an appeal is timely	18341
filed, the director of the department shall render a decision on	18342
the appeal and shall notify the appellant county or its juvenile	18343
court of that decision within forty-five days after the date that	18344
the appeal is filed. If the director denies an appeal, the	18345
county's fiscal agent shall repay the amount of the unauthorized	18346
expenditures from the county general revenue fund to the state's	18347
general revenue fund within thirty days after receiving the	18348
director's notification of the appeal decision.	18349

(C) The determination of which county a reduction of the care	18350
and custody allocation will be charged against for a particular	18351
youth shall be made as outlined below for all youths who do not	18352
qualify as public safety beds. The determination of which county a	18353
reduction of the care and custody allocation will be charged	18354
against shall be made as follows until each youth is released:	18355

(1) In the event of a commitment, the reduction shall be	18356
charged against the committing county.	18357

(2) In the event of a recommitment, the reduction shall be	18358
charged against the original committing county until the	18359
expiration of the minimum period of institutionalization under the	18360
original order of commitment or until the date on which the youth	18361
is admitted to the department of youth services pursuant to the	18362
order of recommitment, whichever is later. Reductions of the	18363
allocation shall be charged against the county that recommitted	18364
the youth after the minimum expiration date of the original	18365
commitment.	18366

(3) In the event of a revocation of a release on parole, the	18367
reduction shall be charged against the county that revokes the	18368
youth's parole.	18369

(D) A juvenile court is not precluded by its allocation	18370
amount for the care and custody of felony delinquents from	18371
committing a felony delinquent to the department of youth services	18372
for care and custody in an institution or a community corrections	18373
facility when the juvenile court determines that the commitment is	18374
appropriate.	18375

Sec. 5139.52. (A) At any time during a child's supervised	18376
release or during the period of a child's judicial release to	18377
department of youth services supervision, if the regional	18378
administrator or the employee of the department assigned to	18379
supervise and assist the child has reasonable grounds to believe	18380
that the child has violated a term or condition of the supervised	18381
release or judicial release, the administrator or employee may	18382
request a court to issue a summons that requires the child to	18383
appear for a hearing to answer charges of the alleged violation.	18384
The summons shall contain a brief statement of the alleged	18385
violation, including the date and place of the violation, and	18386
shall require the child to appear for a hearing before the court	18387
at a specific date, time, and place.	18388

(B)(1) At any time while a child is on supervised release or	18389
during the period of a child's judicial release to department of	18390
youth services supervision, a regional administrator or a designee	18391
of a regional administrator, upon application of the employee of	18392
the department assigned to supervise and assist the child as	18393
described in this division, may issue, or cause to be issued, an	18394
order of apprehension for the arrest of the child for the alleged	18395
violation of a term or condition of the child's supervised release	18396
or judicial release. An application requesting an order of	18397
apprehension shall set forth that, in the good faith judgment of	18398
the employee of the department assigned to supervise and assist	18399
the child making the application, there is reasonable cause to	18400
believe that the child who is on supervised release or judicial	18401
release to department of youth services supervision has violated	18402
or is violating a term or condition of the child's supervised	18403
release or judicial release, shall state the basis for that	18404
belief, and shall request that the child be taken to an	18405
appropriate place of secure detention pending a probable cause	18406
determination. As an alternative to an order of apprehension for	18407
the child, a regional administrator or the employee of the	18408
department assigned to supervise and assist the child may request	18409
a court to issue a warrant for the arrest of the child.	18410

Subject to the provision of prior notice required by division	18411
(D)(1) of this section, if a regional administrator or a designee	18412
of a regional administrator issues, in writing, an order of	18413
apprehension for the arrest of a child, a staff member of the	18414
department of youth services who has been designated pursuant to	18415
division (A)(1) of section 5139.53 of the Revised Code as being	18416
authorized to arrest and who has received the training described	18417
in division (B)(1) of that section, or a peace officer, as defined	18418
in section 2935.01 of the Revised Code, may arrest the child,	18419
without a warrant, and place the child in secure detention in	18420
accordance with this section.	18421

If a child is on supervised release or judicial release to	18422
department of youth services supervision, any peace officer, as	18423
defined in section 2935.01 of the Revised Code, may arrest the	18424
child without a warrant or order of apprehension if the peace	18425
officer has reasonable grounds to believe that the child has	18426
violated or is violating any of the following that has been	18427
prescribed by the release authority or department of youth	18428
services relative to the child:	18429

(a) A condition that prohibits the child's ownership,	18430
possession, or use of a firearm, deadly weapon, ammunition, or	18431
dangerous ordnance, all as defined in section 2923.11 of the	18432
Revised Code;	18433

(b) A condition that prohibits the child from being within a	18434
specified structure or geographic area;	18435

(c) A condition that confines the child to a residence,	18436
facility, or other structure;	18437

(d) A condition that prohibits the child from contacting or	18438
communicating with any specified individual;	18439

(e) A condition that prohibits the child from associating	18440
with a specified individual;	18441

(f) Any other rule, term, or condition governing the conduct	18442
of the child that has been prescribed by the release authority.	18443

(2) Subject to the provision of prior notice required by	18444
division (D)(1) of this section, a staff member of the department	18445
of youth services who is designated by the director pursuant to	18446
division (A)(1) of section 5139.53 of the Revised Code and who has	18447
received the training described in division (B)(1) of that	18448
section, a peace officer, as defined in section 2935.01 of the	18449
Revised Code, or any other officer with the power to arrest may	18450
execute a warrant or order of apprehension issued under division	18451
(B)(1) of this section and take the child into secure custody.	18452

(C) A staff member of the department of youth services who is	18453
designated by the director of youth services pursuant to division	18454
(A)(1) of section 5139.53 of the Revised Code and who has received	18455
the training described in division (B)(1) of that section, a peace	18456
officer, as defined in section 2935.01 of the Revised Code, or any	18457
other officer with the power to arrest may arrest without a	18458
warrant or order of apprehension and take into secure custody a	18459
child in the legal custody of the department, if the staff member,	18460
peace officer, or other officer has reasonable cause to believe	18461
that the child who is on supervised release or judicial release to	18462
department of youth services supervision has violated or is	18463
violating a term or condition of the supervised release or	18464
judicial release in any of the following manners:	18465

(1) The child committed or is committing an offense or	18466
delinquent act in the presence of the staff member, peace officer,	18467
or other officer.	18468

(2) There is probable cause to believe that the child	18469
violated a term or condition of supervised release or judicial	18470
release and that the child is leaving or is about to leave the	18471
state.	18472

(3) The child failed to appear before the release authority	18473
pursuant to a summons for a modification or failed to appear for a	18474
scheduled court hearing.	18475

(4) The arrest of the child is necessary to prevent physical	18476
harm to another person or to the child.	18477

(D)(1) Except as otherwise provided in this division, prior	18478
to arresting a child under this section, either in relation to an	18479
order of apprehension or a warrant for arrest or in any other	18480
manner authorized by this section, a staff member or employee of	18481
the department of youth services shall provide notice of the	18482
anticipated arrest to each county, municipal, or township law	18483
enforcement agency with jurisdiction over the place at which the	18484
staff member or employee anticipates making the arrest. A staff	18485
member or employee is not required to provide the notice described	18486
in this division prior to making an arrest in any emergency	18487
situation or circumstance described under division (C) of this	18488
section.	18489

(2) If a child is arrested under this section and if it is	18490
known that the child is on supervised release or judicial release	18491
to department of youth services supervision, a juvenile court,	18492
local juvenile detention facility, or jail shall notify the	18493
appropriate department of youth services regional office that the	18494
child has been arrested and shall provide to the regional office	18495
or to an employee of the department of youth services a copy of	18496
the arrest information pertaining to the arrest.	18497

(3) Nothing in this section limits the power to make an	18498
arrest that is granted to specified peace officers under section	18499
2935.03 of the Revised Code, to any person under section 2935.04	18500
of the Revised Code, or to any other specified category of persons	18501
by any other provision of the Revised Code, or the power to take a	18502
child into custody that is granted pursuant to section 2151.31 of	18503
the Revised Code.	18504

(E) If a child who is on supervised release or who is under a	18505
period of judicial release to department of youth services	18506
supervision is arrested under an order of apprehension, under a	18507
warrant, or without a warrant as described in division (B)(1),	18508
(B)(2), or (C) of this section and taken into secure custody, all	18509
of the following apply:	18510

(1) If no motion to revoke the child's supervised release or	18511
judicial release has been filed within seventy-two hours after the	18512
child is taken into secure custody, the juvenile court, in making	18513
its determinations at a detention hearing as to whether to hold	18514
the child in secure custody up to seventy-two hours so that a	18515
motion to revoke the child's supervised release or judicial	18516
release may be filed, may consider, in addition to all other	18517
evidence and information considered, the circumstances of the	18518
child's arrest and, if the arrest was pursuant to an order of	18519
apprehension, the order and the application for the order.	18520

(2) If no motion to revoke the child's supervised release or	18521
judicial release has been filed within seventy-two hours after the	18522
child is taken into secure custody and if the child has not	18523
otherwise been released prior to the expiration of that	18524
seventy-two-hour period, the child shall be released upon the	18525
expiration of that seventy-two-hour period.	18526

(3) If the person is eighteen, nineteen, or twenty years of	18527
age, the person may be confined in secure detention in the jail of	18528
the county in which the person is taken into custody. If the	18529
person is under eighteen years of age, the person may be confined	18530
in secure detention in the nearest juvenile detention facility.	18531

(4) If a motion to revoke the child's supervised release or	18532
judicial release is filed after the child has been taken into	18533
secure custody and the court decides at the detention hearing to	18534
release the child from secure custody, the court may release the	18535
child on the same terms and conditions that are currently in	18536
effect regarding the child's supervised release or judicial	18537
release, pending revocation or subsequent modification.	18538

(F) If a child who is on supervised release is arrested under	18539
an order of apprehension, under a warrant, or without a warrant as	18540
described in division (B)(1), (B)(2), or (C) of this section and	18541
taken into secure custody, and if a motion to revoke the child's	18542
supervised release is filed, the juvenile court of the county in	18543
which the child is placed promptly shall schedule a time for a	18544
hearing on whether the child violated any of the terms and	18545
conditions of the supervised release. If a child is released on	18546
supervised release and the juvenile court of the county in which	18547
the child is placed otherwise has reason to believe that the child	18548
has not complied with the terms and conditions of the supervised	18549
release, the court of the county in which the child is placed, in	18550
its discretion, may schedule a time for a hearing on whether the	18551
child violated any of the terms and conditions of the supervised	18552
release. If the court of the county in which the child is placed	18553
on supervised release conducts a hearing and determines at the	18554
hearing that the child did not violate any term or condition of	18555
the child's supervised release, the child shall be released from	18556
custody, if the child is in custody at that time, and shall	18557
continue on supervised release under the terms and conditions that	18558
were in effect at the time of the child's arrest, subject to	18559
subsequent revocation or modification. If the court of the county	18560
in which the child is placed on supervised release conducts a	18561
hearing and determines at the hearing that the child violated one	18562
or more of the terms and conditions of the child's supervised	18563
release, the court, if it determines that the violation was a	18564
serious violation, may revoke the child's supervised release and	18565
order the child to be returned to the department of youth services	18566
for institutionalization or, in any case, may make any other	18567
disposition of the child authorized by law that the court	18568
considers proper. If the court orders the child to be returned to	18569
a department of youth services institution, the child shall remain	18570
institutionalized for a minimum period of thirty days, the	18571
department shall not reduce the minimum thirty-day period of	18572
institutionalization for any time that the child was held in	18573
secure custody subsequent to the child's arrest and pending the	18574
revocation hearing and the child's return to the department, the	18575
release authority, in its discretion, may require the child to	18576
remain in institutionalization for longer than the minimum	18577
thirty-day period, and the child is not eligible for judicial	18578
release or early release during the minimum thirty-day period of	18579
institutionalization or any period of institutionalization in	18580
excess of the minimum thirty-day period.	18581

This division does not apply regarding a child who is under a	18582
period of judicial release to department of youth services	18583
supervision. Division ~~(D)~~(E) of section 2152.22 of the Revised	18584
Code applies in relation to a child who is under a period of	18585
judicial release to department of youth services supervision.	18586

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

18587

(A) "Authority" means the adult parole authority created by	18588
section 5149.02 of the Revised Code.	18589

(B) "State correctional institution," "pardon,"	18590
"commutation," "reprieve," "parole," "head of a state correctional	18591
institution," "convict," "prisoner," "parolee," "final release,"	18592
and "parole violator" have the same meanings as in section 2967.01	18593
of the Revised Code.	18594

(C) "Full board hearing" means a parole board hearing	18595
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	18596
described in section 5149.101 of the Revised Code.	18597

Sec. 5149.10. (A)(1) The parole board shall consist of up to	18598
twelve members, one of whom shall be designated as chairperson by	18599
the director of the department of rehabilitation and correction	18600
and who shall continue as chairperson until a successor is	18601
designated, and any other personnel that are necessary for the	18602
orderly performance of the duties of the board. In addition to the	18603
rules authorized by section 5149.02 of the Revised Code, the chief	18604
of the adult parole authority, subject to the approval of the	18605
chief of the division of parole and community services and subject	18606
to this section, shall adopt rules governing the proceedings of	18607
the parole board. The rules shall provide for the convening of	18608
full board hearings, the procedures to be followed in full board	18609
hearings, and general procedures to be followed in other hearings	18610
of the board and by the board's hearing officers. The rules also	18611
shall require agreement by a majority of all the board members to	18612
any recommendation of clemency transmitted to the governor.	18613

(2) When the board members sit as a full board, the	18614
chairperson shall preside. The chairperson shall also allocate the	18615
work of the parole board among the board members. The full board	18616
shall meet at least once each month. In the case of a tie vote on	18617
the full board, the chief of the adult parole authority shall cast	18618
the deciding vote. The chairperson may designate a person to serve	18619
in the chairperson's place.	18620

(3) Except for the chairperson and the member appointed under	18621
division (B) of this section, a member appointed to the parole	18622
board on or after the effective date of this amendment shall be	18623
appointed to a six-year term. A member appointed as described in	18624
this division shall hold office from the date of appointment until	18625
the end of the term for which the member was appointed. A member	18626
appointed as described in this division is eligible for	18627
reappointment for another six-year term that may or may not be	18628
consecutive to the first six-year term. A member appointed as	18629
described in this division is not eligible for reappointment after	18630
serving two six-year terms whether or not served consecutively.	18631
Vacancies shall be filled in the same manner provided for original	18632
appointments. Any member appointed as described in this division	18633
to fill a vacancy occurring prior to the expiration date of the	18634
term for which the member's predecessor was appointed shall begin	18635
that member's first six-year term upon appointment, regardless of	18636
the time remaining in the term of the member's predecessor. A	18637
member appointed as described in this division shall continue in	18638
office subsequent to the expiration date of the member's term	18639
until the member's successor takes office or until a period of	18640
sixty days has elapsed, whichever occurs first.	18641

(4) Except as otherwise provided in division (B) of this	18642
section, no person shall be appointed a member of the board who is	18643
not qualified by education or experience in correctional work,	18644
including law enforcement, prosecution of offenses, advocating for	18645
the rights of victims of crime, probation, or parole, in law, in	18646
social work, or in a combination of the three categories.	18647

(B) The director of rehabilitation and correction, in	18648
consultation with the governor, shall appoint one member of the	18649
board, who shall be a person who has been a victim of crime or who	18650
is a member of a victim's family or who represents an organization	18651
that advocates for the rights of victims of crime. After	18652
appointment, this member shall be an unclassified employee of the	18653
department of rehabilitation and correction.	18654

The initial appointment shall be for a term ending four years	18655
after July 1, 1996. Thereafter, the term of office of the member	18656
appointed under this division shall be for four years, with each	18657
term ending on the same day of the same month as did the term that	18658
it succeeds. The member shall hold office from the date of	18659
appointment until the end of the term for which the member was	18660
appointed and may be reappointed. Vacancies shall be filled in the	18661
manner provided for original appointments. Any member appointed	18662
under this division to fill a vacancy occurring prior to the	18663
expiration date of the term for which the member's predecessor was	18664
appointed shall hold office as a member for the remainder of that	18665
term. The member appointed under this division shall continue in	18666
office subsequent to the expiration date of the member's term	18667
until the member's successor takes office or until a period of	18668
sixty days has elapsed, whichever occurs first.	18669

The member appointed under this division shall be compensated	18670
in the same manner as other board members and shall be reimbursed	18671
for actual and necessary expenses incurred in the performance of	18672
the ~~members'~~member's duties. The member may vote on all cases	18673
heard by the full board under section 5149.101 of the Revised	18674
Code, has such duties as are assigned by the chairperson of the	18675
board, and shall coordinate the member's activities with the	18676
office of victims' services created under section 5120.60 of the	18677
Revised Code.	18678

As used in this division, "crime," "member of the victim's	18679
family," and "victim" have the meanings given in section 2930.01	18680
of the Revised Code.	18681

(C) The chairperson shall submit all recommendations for or	18682
against clemency directly to the governor.	18683

(D) The chairperson shall transmit to the chief of the adult	18684
parole authority all determinations for or against parole made by	18685
the board. Parole determinations are final and are not subject to	18686
review or change by the chief.	18687

(E) In addition to its duties pertaining to parole and	18688
clemency, if an offender is sentenced to a prison term pursuant to	18689
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	18690
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	18691
Code, the parole board shall have control over the offender's	18692
service of the prison term during the entire term unless the board	18693
terminates its control in accordance with section 2971.04 of the	18694
Revised Code. The parole board may terminate its control over the	18695
offender's service of the prison term only in accordance with	18696
section 2971.04 of the Revised Code.	18697

Sec. 5149.31. (A) The department of rehabilitation and	18698
correction shall do all of the following:	18699

~~(A)~~(1) Establish and administer a program of subsidies for	18700
eligible counties and groups of counties for felony offenders and	18701
a program of subsidies for eligible municipal corporations,	18702
counties, and groups of counties for misdemeanor offenders for the	18703
development, implementation, and operation of community	18704
corrections programs. Department expenditures for administration	18705
of both programs of subsidies shall not exceed ten per cent of the	18706
moneys appropriated for each of the purposes of this division.	18707

~~(B)~~(2) Adopt and promulgate rules, under Chapter 119. of the	18708
Revised Code, providing standards for community corrections	18709
programs. The standards adopted by the department shall specify	18710
the class of offender whose degree of felony, whose community	18711
control sanction revocation history, or whose risk level as	18712
assessed by the single validated risk assessment tool described in	18713
section 5120.114 of the Revised Code, make the offender suitable	18714
for participation in community corrections programs. The rules	18715
shall make the level of subsidy provided to every county or group	18716
of counties contingent upon the number of offenders participating	18717
in community corrections programs each fiscal year who satisfy the	18718
participation suitability standards established by the department.	18719
The standards shall be designed to improve the quality and	18720
efficiency of the programs and to reduce the number of persons	18721
committed to state correctional institutions and to county,	18722
multicounty, municipal, municipal-county, or multicounty-municipal	18723
jails or workhouses for offenses for which community control	18724
sanctions are authorized under section 2929.13, 2929.15, or	18725
2929.25 of the Revised Code. In developing the standards, the	18726
department shall consult with, and seek the advice of, local	18727
corrections agencies, law enforcement agencies, and other public	18728
and private agencies concerned with corrections. The department	18729
shall conduct, and permit participation by local corrections	18730
planning boards established under section 5149.34 of the Revised	18731
Code and joint county corrections planning boards established	18732
under section 5149.35 of the Revised Code in, an annual review of	18733
the standards to measure their effectiveness in promoting the	18734
purposes specified in this division and shall amend or rescind any	18735
existing rule providing a standard or adopt and promulgate	18736
additional rules providing standards, under Chapter 119. of the	18737
Revised Code, if the review indicates that the standards fail to	18738
promote the purposes.	18739

~~(C)~~(3) Accept and use any funds, goods, or services from the	18740
federal government or any other public or private source for the	18741
support of the subsidy programs established under division (A) of	18742
this section. The department may comply with any conditions and	18743
enter into any agreements that it considers necessary to obtain	18744
these funds, goods, or services.	18745

~~(D)~~(4) Adopt rules, in accordance with Chapter 119. of the	18746
Revised Code, and do all other things necessary to implement	18747
sections 5149.30 to 5149.37 of the Revised Code;	18748

~~(E)~~(5) Evaluate or provide for the evaluation of community	18749
corrections programs funded by the subsidy programs established	18750
under division (A)(1) of this section and establish means of	18751
measuring their effectiveness;	18752

~~(F)~~(6) Prepare an annual report evaluating the subsidy	18753
programs established under division (A)(1) of this section. The	18754
report shall include, but need not be limited to, analyses of the	18755
structure of the programs and their administration by the	18756
department, the effectiveness of the programs in the development	18757
and implementation of community corrections programs, the specific	18758
standards adopted and promulgated under division ~~(B)~~(A)(2) of this	18759
section and their effectiveness in promoting the purposes of the	18760
programs, and the findings of the evaluations conducted under	18761
division ~~(E)~~(A)(5) of this section. The director of rehabilitation	18762
and correction shall review and certify the accuracy of the report	18763
and provide copies of it, upon request, to members of the general	18764
assembly.	18765

~~(G)~~(7) Provide training or assistance, upon the request of a	18766
local corrections planning board or a joint county corrections	18767
planning board, to any local unit of government, subject to	18768
available resources of the department.	18769

(B)(1) In order to be eligible for the subsidies under this	18770
section, counties, groups of counties, and municipal corporations	18771
shall satisfy all applicable requirements under sections 2301.27	18772
and 2301.30 of the Revised Code and, except for sentencing	18773
decisions made by a court when use of the risk assessment tool is	18774
discretionary, shall utilize the single validated risk assessment	18775
tool selected by the department under section 5120.114 of the	18776
Revised Code.	18777

(2) The department shall give any county, group of counties,	18778
or municipal corporation found to be noncompliant with the	18779
requirements described in division (B)(1) of this section a	18780
reasonable period of time to come into compliance. If the	18781
noncompliant county, group of counties, or municipal corporation	18782
does not become compliant after a reasonable period of time, the	18783
department shall reduce or eliminate the subsidy granted to that	18784
county, group of counties, or municipal corporation.	18785

Sec. 5149.311. (A) The department of rehabilitation and	18786
correction shall establish and administer the probation	18787
improvement grant and the probation incentive grant for court of	18788
common pleas probation departments that supervise felony	18789
offenders.	18790

(B)(1) The probation improvement grant shall provide funding	18791
to court of common pleas probation departments to adopt policies	18792
and practices based on the latest research on how to reduce the	18793
number of felony offenders on probation supervision who violate	18794
the conditions of their supervision.	18795

(2) The department shall adopt rules for the distribution of	18796
the probation improvement grant, including the formula for the	18797
allocation of the subsidy based on the number of felony offenders	18798
placed on probation annually in each jurisdiction.	18799

(C)(1) The probation incentive grant shall provide a	18800
performance-based level of funding to court of common pleas	18801
probation departments that are successful in reducing the number	18802
of felony offenders on probation supervision whose terms of	18803
supervision are revoked.	18804

(2) The department shall calculate annually any cost savings	18805
realized by the state from a reduction in the percentage of people	18806
who are incarcerated because their terms of supervised probation	18807
were revoked. The cost savings estimate shall be calculated for	18808
each county and be based on the difference from fiscal year 2010	18809
and the fiscal year under examination.	18810

(3) The department shall adopt rules that specify the subsidy	18811
amount to be appropriated to court of common pleas probation	18812
departments that successfully reduce the percentage of people on	18813
probation who are incarcerated because their terms of supervision	18814
are revoked.	18815

(D) The following stipulations apply to both the probation	18816
improvement grant and the probation incentive grant:	18817

(1) In order to be eligible for the probation improvement	18818
grant and the probation incentive grant, courts of common pleas	18819
must satisfy all requirements under sections 2301.27 and 2301.30	18820
of the Revised Code and, except for sentencing decisions made by a	18821
court when use of the risk assessment tool is discretionary, must	18822
utilize the single validated risk assessment tool selected by the	18823
department of rehabilitation and correction under section 5120.114	18824
of the Revised Code.	18825

(2) The department may deny a subsidy under this section to	18826
any applicant if the applicant fails to comply with the terms of	18827
any agreement entered into pursuant to any of the provisions of	18828
this section.	18829

(3) The department shall evaluate or provide for the	18830
evaluation of the policies, practices, and programs the court of	18831
common pleas probation departments utilize with the programs of	18832
subsidies established under this section and establish means of	18833
measuring their effectiveness.	18834

(4) The department shall specify the policies, practices, and	18835
programs for which court of common pleas probation departments may	18836
use the program subsidy and shall establish minimum standards of	18837
quality and efficiency that recipients of the subsidy must follow.	18838
The department shall give priority to supporting evidence-based	18839
policies and practices, as defined by the department.	18840

Sec. 5149.32. To be eligible for funds from the subsidy	18841
programs established under division (A)(1) of section 5149.31 of	18842
the Revised Code, a municipal corporation, county, or group of	18843
counties shall comply with all of the following that are relevant:	18844

(A) Maintain programs that meet the standards adopted under	18845
division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code;	18846

(B) Demonstrate that it has made efforts to unify or	18847
coordinate its correctional service programs through	18848
consolidation, written agreements, purchase of service contracts,	18849
or other means;	18850

(C) Demonstrate that the comprehensive plan for the county in	18851
which the municipal corporation is located, for the county, or for	18852
each county of the group of counties, as adopted under section	18853
5149.34 of the Revised Code, has been approved by the director of	18854
rehabilitation and correction;	18855

(D) Deliver programming that addresses the assessed needs of	18856
high risk offenders as established by the single validated risk	18857
assessment tool described in section 5120.114 of the Revised Code	18858
and that may be delivered through available and acceptable	18859
resources within the municipal corporation, county, or group of	18860
counties or through the department of rehabilitation and	18861
correction;	18862

(E) If a subsidy was received in any prior fiscal year from a	18863
subsidy program established under division (A)(1) of section	18864
5149.31 of the Revised Code, demonstrate that the subsidy was	18865
expended in a good faith effort to improve the quality and	18866
efficiency of its community corrections programs and to reduce the	18867
number of persons committed to state correctional institutions and	18868
to county, multicounty, municipal, municipal-county, or	18869
multicounty-municipal jails or workhouses.	18870

Sec. 5149.33. No municipal corporation, county, or group of	18871
counties receiving a subsidy under division (A)(1) of section	18872
5149.31 of the Revised Code shall reduce, by the amount of the	18873
subsidy it receives or by a greater or lesser amount, the amount	18874
of local, nonfederal funds it expends for corrections, including,	18875
but not limited to, the amount of local, nonfederal funds it	18876
expends for the operation of the county, multicounty, municipal,	18877
municipal-county, or multicounty-municipal jail or workhouse, for	18878
any county or municipal probation department, or for any community	18879
corrections program. Each subsidy shall be used to make	18880
corrections expenditures in excess of those being made from local,	18881
nonfederal funds. No subsidy or portion of a subsidy shall be used	18882
to make capital improvements. If a recipient violates this	18883
section, the department of rehabilitation and correction ~~shall~~may	18884
discontinue subsidy payments to the recipient.	18885

Sec. 5149.34. (A)(1) If a county desires to receive a	18886
subsidy from a subsidy program established under division (A)(1)	18887
of section 5149.31 of the Revised Code for community corrections	18888
programs as described in division ~~(B)~~(A)(2) of that section, the	18889
board of county commissioners of the county shall establish, by a	18890
resolution as described in this division, and maintain a local	18891
corrections planning board that, except as provided in division	18892
(A)(2) of this section, shall include an administrator of a	18893
county, multicounty, municipal, municipal-county, or	18894
multicounty-municipal jail or workhouse located in the county,; a	18895
county commissioner of that county,; a judge of the court of	18896
common pleas of that county,; a judge of a municipal court or	18897
county court of that county,; an attorney whose practice of law	18898
primarily involves the representation of criminal defendants,; the	18899
chief law enforcement officer of the largest municipal corporation	18900
located in the county,; the county sheriff,; one or more	18901
prosecutors, as defined in section 2935.01 of the Revised Code,;	18902
the executive director of the board of alcohol, drug addiction,	18903
and mental health services serving that county or the executive	18904
director's designee, or the executive directors of both the	18905
community mental health board and the alcohol and drug addiction	18906
services board serving that county or their designees, whichever	18907
is applicable; the executive director of the county board of	18908
developmental disabilities of that county or the executive	18909
director's designee; an administrator of a halfway house serving	18910
that county, if any, or the administrator's designee; an	18911
administrator of a community-based correctional facility, if any,	18912
serving the court of common pleas of that county or the	18913
administrator's designee; an administrator of a community	18914
corrections act-funded program in that county, if any, or the	18915
administrator's designee; one or more representatives of the	18916
public, one of whom shall be a victim of crime,; one or more	18917
additional representatives of the law enforcement community,; one	18918
or more additional representatives of the judiciary,; one or more	18919
additional representatives of the field of corrections,; and	18920
officials from the largest municipal corporation located in the	18921
county. A majority of the members of the board shall be employed	18922
in the adult criminal justice field. At least two members of the	18923
board shall be members of the largest racial minority population,	18924
if any, in the county, and at least two other members of the board	18925
shall be women. The resolution shall state the number and nature	18926
of the members, the duration of their terms, the manner of filling	18927
vacancies on the board, and the compensation, if any, that members	18928
are to receive. The board of county commissioners also may	18929
specify, as part of the resolution, any other duties the local	18930
corrections planning board is to assume.	18931

(2) If, for good cause shown, including, but not limited to,	18932
the refusal of a specified individual to serve on a local	18933
corrections planning board, a particular county is not able to	18934
satisfy the requirements specified in division (A)(1) of this	18935
section for the composition of such a board, the director of	18936
rehabilitation and correction may waive the requirements to the	18937
extent necessary and approve a composition for the board that	18938
otherwise is consistent with the requirements.	18939

(B) Each local corrections planning board established	18940
pursuant to division (A) of this section shall adopt within	18941
eighteen months after its establishment, and from time to time	18942
shall revise, a comprehensive plan for the development,	18943
implementation, and operation of corrections services in the	18944
county. The plan shall include a description of the offender	18945
population's assessed needs as established by the single validated	18946
risk assessment tool described in section 5120.114 of the Revised	18947
Code, with particular attention to high risk offenders, and the	18948
capacity to deliver services and programs within the county and	18949
surrounding region that address the offender population's needs.	18950
The plan shall be adopted and revised after consideration has been	18951
given to the impact that it will have or has had on the	18952
populations of state correctional institutions and county,	18953
multicounty, municipal, municipal-county, or multicounty-municipal	18954
jails or workhouses in the county, and shall be designed to unify	18955
or coordinate corrections services in the county and to reduce the	18956
number of persons committed, consistent with the standards adopted	18957
under division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code,	18958
from that county to state correctional institutions and to county,	18959
multicounty, municipal, municipal-county, or multicounty-municipal	18960
jails or workhouses. The plan and any revisions to the plan shall	18961
be submitted to the board of county commissioners of the county in	18962
which the local corrections planning board is located for	18963
approval.	18964

If a county has a community-based correctional facility and	18965
program established in accordance with sections 2301.51 to 2301.58	18966
of the Revised Code, the budgets of the facility and program shall	18967
not be subject to approval by the local corrections planning	18968
board, but instead shall continue to be determined in accordance	18969
with those sections. However, the local corrections planning board	18970
shall include the facility and program as part of the	18971
comprehensive plan adopted and revised pursuant to this division.	18972

18973

(1) "Halfway house" and "community-based correctional	18974
facility" have the same meanings as in section 2929.01 of the	18975
Revised Code.	18976

(2) "Offender population" means the total number of offenders	18977
currently receiving corrections services provided by the county.	18978

Sec. 5149.36. Subject to appropriations by the general	18979
assembly, the department of rehabilitation and correction shall	18980
award subsidies to eligible municipal corporations, counties, and	18981
groups of counties pursuant to the subsidy programs described in	18982
division (A)(1) of section 5149.31 of the Revised Code only in	18983
accordance with criteria that the department shall specify in	18984
rules adopted pursuant to Chapter 119. of the Revised Code. The	18985
criteria shall be designed to provide for subsidy awards only on	18986
the basis of demonstrated need and the satisfaction of specified	18987
priorities. The criteria shall be consistent with the following:	18988

(A) First priority shall be given to the continued funding of	18989
existing community corrections programs that satisfy the standards	18990
adopted pursuant to division ~~(B)~~(A)(2) of section 5149.31 of the	18991
Revised Code and that are designed to reduce the number of persons	18992
committed to state correctional institutions.	18993

(B) Second priority shall be given to new community	18994
corrections programs that are designed to reduce the number of	18995
persons committed to state correctional institutions or the number	18996
of persons committed to county, multicounty, municipal,	18997
municipal-county, or multicounty-municipal jails or workhouses.	18998

Section 2. That existing sections 109.42, 307.93, 309.18,	18999
341.12, 926.99, 1333.99, 1707.99, 1716.99, 2151.23, 2152.02,	19000
2152.021, 2152.12, 2152.13, 2152.14, 2152.17, 2152.22, 2301.27,	19001
2301.30, 2717.01, 2743.51, 3743.56, 2743.59, 2743.60, 2901.08,	19002
2903.01, 2903.11, 2903.12, 2903.13, 2905.01, 2905.02, 2907.21,	19003
2907.22, 2907.323, 2909.03, 2909.05, 2909.11, 2911.12, 2913.01,	19004
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32,	19005
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45,	19006
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05,	19007
2917.21, 2917.31, 2917.32, 2919.21, 2919.22, 2921.13, 2921.34,	19008
2921.41, 2923.01 2923.31, 2923.32, 2925.01, 2925.02, 2925.03,	19009
2925.04, 2925.041, 2925.05, 2925.11, 2925.36, 2929.01, 2929.11,	19010
2929.13, 2929.14, 2929.15, 2929.19, 2929.191, 2929.20, 2929.26,	19011
2929.34, 2929.41, 2930.12, 2930.16, 2930.17, 2935.041, 2937.36,	19012
2941.141, 2941.142, 2941.143, 2941.144, 2941.145, 2941.146,	19013
2941.1411, 2941.1412, 2941.1414, 2941.1415, 2941.1421, 2941.1422,	19014
2941.1423, 2950.99, 2951.041, 2951.08, 2953.08, 2967.14, 2967.193,	19015
2967.28, 2971.03, 2981.07, 3719.99, 4507.51, 4511.091, 4729.99,	19016
5120.031, 5120.07, 5120.111, 5120.16, 5120.331, 5120.48, 5120.59,	19017
5120.60, 5120.66, 5139.01, 5139.06, 5139.18, 5139.20, 5139.43,	19018
5139.52, 5149.01, 5149.10, 5149.31, 5149.32, 5149.33, 5149.34, and	19019
5149.36 of the Revised Code are hereby repealed.	19020

Section 3. The amendments to sections 2925.01, 2925.03,	19021
2925.05, and 2925.11 of the Revised Code, and to division (W) of	19022
section 2929.01 of the Revised Code, that are made in this act	19023
apply to a person who commits an offense involving marihuana,	19024
cocaine, or hashish on or after the effective date of this act and	19025
to a person to whom division (B) of section 1.58 of the Revised	19026
Code makes the amendments applicable.	19027

The provisions of sections 2925.01, 2925.03, 2925.05, and	19028
2925.11 of the Revised Code, and of division (W) of section	19029
2929.01 of the Revised Code, in existence prior to the effective	19030
date of this act shall apply to a person upon whom a court imposed	19031
sentence prior to the effective date of this act for an offense	19032
involving marihuana, cocaine, or hashish. The amendments to	19033
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	19034
Code, and to division (W) of section 2929.01 of the Revised Code,	19035
that are made in this act do not apply to a person upon whom a	19036
court imposed sentence prior to the effective date of this act for	19037
an offense involving marihuana, cocaine, or hashish.	19038

Section 4. The amendments to sections 926.99, 1333.99,	19039
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	19040
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	19041
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	19042
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	19043
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07, division (B) of	19044
section 2929.13, and division (A) of section 2929.14 of the	19045
Revised Code that are made in this act apply to a person who	19046
commits an offense specified or penalized under those sections on	19047
or after the effective date of this section and to a person to	19048
whom division (B) of section 1.58 of the Revised Code makes the	19049
amendments applicable.	19050

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	19051
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	19052
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	19053
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	19054
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	19055
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	19056
prior to the effective date of this section shall apply to a	19057
person upon whom a court imposed sentence prior to the effective	19058
date of this section for an offense specified or penalized under	19059
those sections. The amendments to sections 926.99, 1333.99,	19060
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	19061
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	19062
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	19063
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	19064
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	19065
Code that are made in this act do not apply to a person who upon	19066
whom a court imposed sentence prior to the effective date of this	19067
section for an offense specified or penalized under those	19068
sections.	19069

Section 5. (A) The Ohio Interagency Task Force on Mental	19070
Health and Juvenile Justice is hereby established to investigate	19071
and make recommendations on how to most effectively treat	19072
delinquent youth who suffer from serious mental illness or	19073
emotional and behavioral disorders, while giving attention to the	19074
needs of Ohio's economy. The Task Force shall consist of the	19075
following members:	19076

(1) The Director of Youth Services;

19077

(2) The Director of Mental Health;

19078

(3) The Director of the Governor's Office of Health	19079
Transformation;	19080

(4) The Superintendent of Public Instruction;

19081

(5) A justice of the Supreme Court or a designee appointed by	19082
the justices of the Supreme Court who has experience in juvenile	19083
law or mental health issues;	19084

(6) A designee appointed by the President of the Ohio	19085
Association of Juvenile Court Judges;	19086

(7) A board-certified child and adolescent psychiatrist	19087
appointed by the Director of the Department of Mental Health;	19088

(8) A licensed child and adolescent psychologist appointed by	19089
the President of the State Board of Psychology;	19090

(9) Up to ten members with expertise in child and adolescent	19091
development, mental health, or juvenile justice appointed by the	19092
Governor, including, but not limited to, members representing the	19093
Ohio chapter of the National Alliance on Mental Illness, the Ohio	19094
Federation for Children's Mental Health, an academic research	19095
institution with expertise in juvenile justice and child and	19096
adolescent development, and a provider of children's	19097
community-based mental health services;	19098

(10) Two members of the General Assembly, one from the	19099
majority party and one from the minority party, jointly appointed	19100
by the Speaker of the House of Representatives and the President	19101
of the Senate;	19102

(11) A member of the public jointly appointed by the Speaker	19103
of the House of Representatives and the President of the Senate;	19104

(12) A representative of the Ohio Prosecuting Attorneys	19105
Association designated by the Association;	19106

(13) The State Public Defender;

19107

(14) A representative of the Ohio Judicial Conference.

19108

(B) Members of the Task Force shall be appointed by September	19109
30, 2011. Vacancies on the Task Force shall be filled in the same	19110
manner as the original appointments. Members shall serve without	19111
compensation.	19112

(C) The Governor shall designate the chairperson of the Task	19113
Force. All meetings of the Task Force shall be held at the call of	19114
the chairperson.	19115

(D) The duties of the Task Force shall include all of the	19116
following:	19117

(1) Reviewing the current staff training and protocols and	19118
procedures for treating mentally ill and seriously mentally ill	19119
youth committed to the Department of Youth Services;	19120

(2) Reviewing the current funding, roles, and	19121
responsibilities of the Department of Youth Services, Department	19122
of Mental Health, Department of Education, and other Departments	19123
providing services to youth, as the funding, roles, and	19124
responsibilities pertain to youth with serious mental illness, or	19125
severe emotional and behavioral disorders;	19126

(3) Conducting a review of literature related to the best	19127
practices in the treatment of youth with mental illness and	19128
seriously mentally ill youth who are adjudicated to be a	19129
delinquent child and committed to the Department of Youth	19130
Services;	19131

(4) Investigating mental health treatment models for youth	19132
involved in the juvenile justice system of other states and	19133
jurisdictions, and other relevant data and information, in order	19134
to identify potential model programs, protocols, and best	19135
practices;	19136

(5) Conducting at least one visit to a Department of Youth	19137
Services mental health unit and completing a comprehensive data	19138
review of the mentally ill and seriously mentally ill youth	19139
currently committed to the Department of Youth Services to develop	19140
a profile of such youth currently committed to the Department of	19141
Youth Services.	19142

(E) The members of the Task Force shall make findings and	19143
recommendations, based on the results of the Task Force's duties,	19144
regarding all of the following:	19145

(1) Best practices in the field of treatment for youth with	19146
mental illness or serious mental illness who are involved in the	19147
juvenile justice system;	19148

(2) Guiding principles for the treatment of youth with mental	19149
illness or serious mental illness who are involved in the juvenile	19150
justice system;	19151

(3) The infrastructure, roles, and responsibilities of and	19152
other departments providing services to youth, in relation to	19153
effectively meeting the multiple needs of youth with mental	19154
illness or serious mental illness who are involved in the juvenile	19155
justice system;	19156

(4) Funding strategies that maximize public, private, state,	19157
and federal resources and that create incentives for high	19158
performance and innovative treatment;	19159

(5) Changes to administrative, court, and legislative rules	19160
that would support the recommendations of the Task Force.	19161

The members of the Task Force may make other recommendations	19162
related to effectively treating delinquent youth who suffer from	19163
mental illness and serious mental health illness, including	19164
mentally ill youth who also have special education needs, as	19165
determined to be relevant by the chairperson of the Task Force.	19166

(F) Not later than March 31, 2012, the Task Force shall issue	19167
a report of the Task Force's findings and recommendations to the	19168
Governor, the President of the Senate, the Speaker of the House of	19169
Representatives, and the Chief Justice of the Supreme Court. Upon	19170
the issuance of the report by the Task Force, the Task Force shall	19171
cease to exist.	19172

Section 6. The General Assembly hereby respectfully requests	19173
the Supreme Court to adopt a Rule of Superintendence that provides	19174
for the collection for each month of statistical data relating to	19175
the operation of probation departments, including, but not limited	19176
to, all of the following:	19177

(A) A count of the number of individuals placed on probation	19178
in the month covered by the report;	19179

(B) A count of the number of individuals terminated from	19180
probation in the month covered by the report, listed by type of	19181
termination, including revocation;	19182

(C) The total number of individuals under supervision on	19183
probation at the end of the month covered by the report.	19184

Section 7. That Section 3 of Am. Sub. H.B. 130 of the 127th	19185
General Assembly be amended to read as follows:	19186

Sec. 3. Section 5120.07 of the Revised Code is hereby	19187
repealed, effective December 31, ~~2011~~2014.	19188

Section 8. That existing Section 3 of Am. Sub. H.B. 130 of	19189
the 127th General Assembly is hereby repealed.	19190

Section 9. (A) The Department of Rehabilitation and	19191
Correction shall conduct an empirical study of all of the	19192
following:	19193

(1) Assaults of any type by inmates upon staff of the	19194
Department;	19195

(2) Assaults with a weapon by inmates upon other inmates;

19196

(3) Sexual assaults by inmates against other inmates;

19197

(4) The frequency with which the Department recommends	19198
prosecution for each type of assault identified in division	19199
(A)(1), (2), or (3) of this section, the process that applies to	19200
such prosecutions that are commenced, and the outcome of such	19201
prosecutions.	19202

(B) The Department of Rehabilitation and Correction shall	19203
prepare a report that summarizes the findings of its study	19204
described in division (A) of this section. The report also shall	19205
include recommendations of the Department for improving the safety	19206
of the Department's institutions as supported by the sanctioning	19207
and prosecution process. Not later than December 31, 2012, the	19208
Department shall submit copies of the report described in this	19209
division to the Governor, the Attorney General, the President and	19210
Minority Leader of the House of Representatives, and the President	19211
and Minority Leader of the Senate.	19212

Section 10. (A) Within ninety days after the effective date	19213
of this section, the Department of Rehabilitation and Correction	19214
shall thoroughly review the cases of all parole-eligible inmates	19215
who are sixty-five years of age or older and who have had a	19216
statutory first parole consideration hearing.	19217

(B) Upon completion of the review described in division (A)	19218
of this section, the Department shall send a report to the	19219
President and Minority Leader of the Senate and to the Speaker and	19220
Minority Leader of the House of Representatives that summarizes	19221
the findings of its review and that explains why each of those	19222
inmates has not been paroled or otherwise released from custody of	19223
the Department.	19224

(C) Upon completion of the review described in division (A)	19225
of this section, the Chair of the Parole Board shall present to	19226
the Board the cases of the inmates described in that division.	19227
Upon presentation of the case of an inmate, the Board, by majority	19228
vote, may choose to rehear the inmate's case for possible release	19229
on parole.	19230

Section 11. In amending division (E)(4) of section 2929.14	19231
and division (A) of section 2929.41 of the Revised Code in this	19232
act, it is the intent of the General Assembly to simultaneously	19233
repeal and revive the amended language in those divisions that was	19234
invalidated and severed by the Ohio Supreme Court's decision in	19235
State v. Foster (2006), 109 Ohio St.3d 1. The amended language in	19236
those divisions is subject to reenactment under the United States	19237
Supreme Court's decision in Oregon v. Ice (2009), 555 U.S. 160,	19238
and the Ohio Supreme Court's decision in State v. Hodge (2010),	19239
___ Ohio St.3d ___, Slip Opinion No. 2010-Ohio-6320 and, although	19240
constitutional under Hodge, supra, that language is not	19241
enforceable until deliberately revived by the General Assembly.	19242

Section 12. Section 1716.99 of the Revised Code is presented	19243
in this act as a composite of the section as amended by both Am.	19244
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	19245
Section 2301.27 of the Revised Code is presented in this act as a	19246
composite of the section as amended by both Am. Sub. H.B. 490 and	19247
Sub. H.B. 510 of the 124th General Assembly. Section 2929.14 of	19248
the Revised Code is presented in this act as a composite of the	19249
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280	19250
of the 127th General Assembly. Section 2929.20 of the Revised Code	19251
is presented in this act as a composite of the section as amended	19252
by both Am. Sub. H.B. 130 and Sub. S.B. 108 of the 127th General	19253
Assembly. Section 2967.193 of the Revised Code is presented in	19254
this act as a composite of the section as amended by both Am. Sub.	19255
S.B. 269 and Am. Sub. H.B. 180 of the 121st General Assembly. The	19256
General Assembly, applying the principle stated in division (B) of	19257
section 1.52 of the Revised Code that amendments are to be	19258
harmonized if reasonably capable of simultaneous operation, finds	19259
that the composites are the resulting versions of the sections in	19260
effect prior to the effective date of the sections as presented in	19261
this act.	19262

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

Ohio House Bill 86 (Prior Session Legislation)

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