| (b) "Alcohol monitoring device" means any device that | 12 |
|
provides for continuous alcohol monitoring, any ignition interlock | 13 |
|
device, any immobilizing or disabling device other than an | 14 |
|
ignition interlock device that is constantly available to monitor | 15 |
|
the concentration of alcohol in a person's system, or any other | 16 |
|
device that provides for the automatic testing and periodic | 17 |
|
reporting of alcohol consumption by a person and that a court | 18 |
|
orders a person to use as a sanction imposed as a result of the | 19 |
|
person's conviction of or plea of guilty to an offense. | 20 |
| (2) Any person who operates a vehicle, streetcar, or | 21 |
|
trackless trolley upon a highway or any public or private property | 22 |
|
used by the public for vehicular travel or parking within this | 23 |
|
state or who is in physical control of a vehicle, streetcar, or | 24 |
|
trackless trolley shall be deemed to have given consent to a | 25 |
|
chemical test or tests of the person's whole blood, blood serum or | 26 |
|
plasma, breath, or urine to determine the alcohol, drug of abuse, | 27 |
|
controlled substance, metabolite of a controlled substance, or | 28 |
|
combination content of the person's whole blood, blood serum or | 29 |
|
plasma, breath, or urine if arrested for a violation of division | 30 |
|
(A) or (B) of section 4511.19 of the Revised Code, section | 31 |
|
4511.194 of the Revised Code or a substantially equivalent | 32 |
|
municipal ordinance, or a municipal OVI ordinance. | 33 |
| (3) The chemical test or tests under division (A)(2) of this | 34 |
|
section shall be administered at the request of a law enforcement | 35 |
|
officer having reasonable grounds to believe the person was | 36 |
|
operating or in physical control of a vehicle, streetcar, or | 37 |
|
trackless trolley in violation of a division, section, or | 38 |
|
ordinance identified in division (A)(2) of this section. The law | 39 |
|
enforcement agency by which the officer is employed shall | 40 |
|
designate which of the tests shall be administered. | 41 |
| (5)(a) If a law enforcement officer arrests a person for a | 47 |
|
violation of division (A) or (B) of section 4511.19 of the Revised | 48 |
|
Code, section 4511.194 of the Revised Code or a substantially | 49 |
|
equivalent municipal ordinance, or a municipal OVI ordinance and | 50 |
|
if the person if convicted would be required to be sentenced under | 51 |
|
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised | 52 |
|
Code, the law enforcement officer shall request the person to | 53 |
|
submit, and the person shall submit, to a chemical test or tests | 54 |
|
of the person's whole blood, blood serum or plasma, breath, or | 55 |
|
urine for the purpose of determining the alcohol, drug of abuse, | 56 |
|
controlled substance, metabolite of a controlled substance, or | 57 |
|
combination content of the person's whole blood, blood serum or | 58 |
|
plasma, breath, or urine. A law enforcement officer who makes a | 59 |
|
request pursuant to this division that a person submit to a | 60 |
|
chemical test or tests is not required to advise the person of the | 61 |
|
consequences of submitting to, or refusing to submit to, the test | 62 |
|
or tests and is not required to give the person the form described | 63 |
|
in division (B) of section 4511.192 of the Revised Code, but the | 64 |
|
officer shall advise the person at the time of the arrest that if | 65 |
|
the person refuses to take a chemical test the officer may employ | 66 |
|
whatever reasonable means are necessary to ensure that the person | 67 |
|
submits to a chemical test of the person's whole blood or blood | 68 |
|
serum or plasma. The officer shall also advise the person at the | 69 |
|
time of the arrest that the person may have an independent | 70 |
|
chemical test taken at the person's own expense. Divisions (A)(3) | 71 |
|
and (4) of this section apply to the administration of a chemical | 72 |
|
test or tests pursuant to this division. | 73 |
| (b) If a person refuses to submit to a chemical test upon a | 74 |
|
request made pursuant to division (A)(5)(a) of this section, the | 75 |
|
law enforcement officer who made the request may employ whatever | 76 |
|
reasonable means are necessary to ensure that the person submits | 77 |
|
to a chemical test of the person's whole blood or blood serum or | 78 |
|
plasma. A law enforcement officer who acts pursuant to this | 79 |
|
division to ensure that a person submits to a chemical test of the | 80 |
|
person's whole blood or blood serum or plasma is immune from | 81 |
|
criminal and civil liability based upon a claim for assault and | 82 |
|
battery or any other claim for the acts, unless the officer so | 83 |
|
acted with malicious purpose, in bad faith, or in a wanton or | 84 |
|
reckless manner. | 85 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 86 |
|
officer who arrested a person for a violation of division (A) or | 87 |
|
(B) of section 4511.19 of the Revised Code, section 4511.194 of | 88 |
|
the Revised Code or a substantially equivalent municipal | 89 |
|
ordinance, or a municipal OVI ordinance that was completed and | 90 |
|
sent to the registrar and a court pursuant to section 4511.192 of | 91 |
|
the Revised Code in regard to a person who refused to take the | 92 |
|
designated chemical test, the registrar shall enter into the | 93 |
|
registrar's records the fact that the person's driver's or | 94 |
|
commercial driver's license or permit or nonresident operating | 95 |
|
privilege was suspended by the arresting officer under this | 96 |
|
division and that section and the period of the suspension, as | 97 |
|
determined under this section. The suspension shall be subject to | 98 |
|
appeal as provided in section 4511.197 of the Revised Code. The | 99 |
|
suspension shall be for whichever of the following periods | 100 |
|
applies: | 101 |
| (b) If the arrested person, within six years of the date on | 107 |
|
which the person refused the request to consent to the chemical | 108 |
|
test, had refused one previous request to consent to a chemical | 109 |
|
test or had been convicted of or pleaded guilty to one violation | 110 |
|
of division (A) or (B) of section 4511.19 of the Revised Code or | 111 |
|
one other equivalent offense, the suspension shall be a class B | 112 |
|
suspension imposed for the period of time specified in division | 113 |
|
(B)(2) of section 4510.02 of the Revised Code. | 114 |
| (c) If the arrested person, within six years of the date on | 115 |
|
which the person refused the request to consent to the chemical | 116 |
|
test, had refused two previous requests to consent to a chemical | 117 |
|
test, had been convicted of or pleaded guilty to two violations of | 118 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 119 |
|
other equivalent offenses, or had refused one previous request to | 120 |
|
consent to a chemical test and also had been convicted of or | 121 |
|
pleaded guilty to one violation of division (A) or (B) of section | 122 |
|
4511.19 of the Revised Code or other equivalent offenses, which | 123 |
|
violation or offense arose from an incident other than the | 124 |
|
incident that led to the refusal, the suspension shall be a class | 125 |
|
A suspension imposed for the period of time specified in division | 126 |
|
(B)(1) of section 4510.02 of the Revised Code. | 127 |
| (d) If the arrested person, within six years of the date on | 128 |
|
which the person refused the request to consent to the chemical | 129 |
|
test, had refused three or more previous requests to consent to a | 130 |
|
chemical test, had been convicted of or pleaded guilty to three or | 131 |
|
more violations of division (A) or (B) of section 4511.19 of the | 132 |
|
Revised Code or other equivalent offenses, or had refused a number | 133 |
|
of previous requests to consent to a chemical test and also had | 134 |
|
been convicted of or pleaded guilty to a number of violations of | 135 |
|
division (A) or (B) of section 4511.19 of the Revised Code or | 136 |
|
other equivalent offenses that cumulatively total three or more | 137 |
|
such refusals, convictions, and guilty pleas, the suspension shall | 138 |
|
be for five years. | 139 |
| (2) The registrar shall terminate a suspension of the | 140 |
|
driver's or commercial driver's license or permit of a resident or | 141 |
|
of the operating privilege of a nonresident, or a denial of a | 142 |
|
driver's or commercial driver's license or permit, imposed | 143 |
|
pursuant to division (B)(1) of this section upon receipt of notice | 144 |
|
that the person has entered a plea of guilty to, or that the | 145 |
|
person has been convicted after entering a plea of no contest to, | 146 |
|
operating a vehicle in violation of section 4511.19 of the Revised | 147 |
|
Code or in violation of a municipal OVI ordinance, if the offense | 148 |
|
for which the conviction is had or the plea is entered arose from | 149 |
|
the same incident that led to the suspension or denial. | 150 |
| (C)(1) Upon receipt of the sworn report of the law | 158 |
|
enforcement officer who arrested a person for a violation of | 159 |
|
division (A) or (B) of section 4511.19 of the Revised Code or a | 160 |
|
municipal OVI ordinance that was completed and sent to the | 161 |
|
registrar and a court pursuant to section 4511.192 of the Revised | 162 |
|
Code in regard to a person whose test results indicate that the | 163 |
|
person's whole blood, blood serum or plasma, breath, or urine | 164 |
|
contained at least the concentration of alcohol specified in | 165 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 166 |
|
Revised Code or at least the concentration of a listed controlled | 167 |
|
substance or a listed metabolite of a controlled substance | 168 |
|
specified in division (A)(1)(j) of section 4511.19 of the Revised | 169 |
|
Code, the registrar shall enter into the registrar's records the | 170 |
|
fact that the person's driver's or commercial driver's license or | 171 |
|
permit or nonresident operating privilege was suspended by the | 172 |
|
arresting officer under this division and section 4511.192 of the | 173 |
|
Revised Code and the period of the suspension, as determined under | 174 |
|
divisions (C)(1)(a) to (d) of this section. The suspension shall | 175 |
|
be subject to appeal as provided in section 4511.197 of the | 176 |
|
Revised Code. The suspension described in this division does not | 177 |
|
apply to, and shall not be imposed upon, a person arrested for a | 178 |
|
violation of section 4511.194 of the Revised Code or a | 179 |
|
substantially equivalent municipal ordinance who submits to a | 180 |
|
designated chemical test. The suspension shall be for whichever of | 181 |
|
the following periods applies: | 182 |
| (2) The registrar shall terminate a suspension of the | 206 |
|
driver's or commercial driver's license or permit of a resident or | 207 |
|
of the operating privilege of a nonresident, or a denial of a | 208 |
|
driver's or commercial driver's license or permit, imposed | 209 |
|
pursuant to division (C)(1) of this section upon receipt of notice | 210 |
|
that the person has entered a plea of guilty to, or that the | 211 |
|
person has been convicted after entering a plea of no contest to, | 212 |
|
operating a vehicle in violation of section 4511.19 of the Revised | 213 |
|
Code or in violation of a municipal OVI ordinance, if the offense | 214 |
|
for which the conviction is had or the plea is entered arose from | 215 |
|
the same incident that led to the suspension or denial. | 216 |
| (D)(1) A suspension of a person's driver's or commercial | 224 |
|
driver's license or permit or nonresident operating privilege | 225 |
|
under this section for the time described in division (B) or (C) | 226 |
|
of this section is effective immediately from the time at which | 227 |
|
the arresting officer serves the notice of suspension upon the | 228 |
|
arrested person. Any subsequent finding that the person is not | 229 |
|
guilty of the charge that resulted in the person being requested | 230 |
|
to take the chemical test or tests under division (A) of this | 231 |
|
section does not affect the suspension. | 232 |
| (2) If a person is arrested for operating a vehicle, | 233 |
|
streetcar, or trackless trolley in violation of division (A) or | 234 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 235 |
|
ordinance, or for being in physical control of a vehicle, | 236 |
|
streetcar, or trackless trolley in violation of section 4511.194 | 237 |
|
of the Revised Code or a substantially equivalent municipal | 238 |
|
ordinance, regardless of whether the person's driver's or | 239 |
|
commercial driver's license or permit or nonresident operating | 240 |
|
privilege is or is not suspended under division (B) or (C) of this | 241 |
|
section or Chapter 4510. of the Revised Code, the person's initial | 242 |
|
appearance on the charge resulting from the arrest shall be held | 243 |
|
within five days of the person's arrest or the issuance of the | 244 |
|
citation to the person, subject to any continuance granted by the | 245 |
|
court pursuant to section 4511.197 of the Revised Code regarding | 246 |
|
the issues specified in that division. | 247 |
| (F) At the end of a suspension period under this section, | 255 |
|
under section 4511.194, section 4511.196, or division (G) of | 256 |
|
section 4511.19 of the Revised Code, or under section 4510.07 of | 257 |
|
the Revised Code for a violation of a municipal OVI ordinance and | 258 |
|
upon the request of the person whose driver's or commercial | 259 |
|
driver's license or permit was suspended and who is not otherwise | 260 |
|
subject to suspension, cancellation, or disqualification, the | 261 |
|
registrar shall return the driver's or commercial driver's license | 262 |
|
or permit to the person upon the occurrence of all of the | 263 |
|
conditions specified in divisions (F)(1) and (2) of this section: | 264 |
| (a) One hundred twelve dollars and fifty cents shall be | 277 |
|
credited to the statewide treatment and prevention fund created by | 278 |
|
section 4301.30 of the Revised Code. The fund shall be used to pay | 279 |
|
the costs of driver treatment and intervention programs operated | 280 |
|
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The | 281 |
|
director of alcohol and drug addiction services shall determine | 282 |
|
the share of the fund that is to be allocated to alcohol and drug | 283 |
|
addiction programs authorized by section 3793.02 of the Revised | 284 |
|
Code, and the share of the fund that is to be allocated to | 285 |
|
drivers' intervention programs authorized by section 3793.10 of | 286 |
|
the Revised Code. | 287 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 290 |
|
the indigent drivers alcohol treatment fund, which is hereby | 291 |
|
established in the state treasury. Except as otherwise provided in | 292 |
|
division (F)(2)(c) of this section, moneys in the fund shall be | 293 |
|
distributed by the department of alcohol and drug addiction | 294 |
|
services to the county indigent drivers alcohol treatment funds, | 295 |
|
the county juvenile indigent drivers alcohol treatment funds, and | 296 |
|
the municipal indigent drivers alcohol treatment funds that are | 297 |
|
required to be established by counties and municipal corporations | 298 |
|
pursuant to division (H) of this section, and shall be used only | 299 |
|
to pay the cost of an alcohol and drug addiction treatment program | 300 |
|
attended by an offender or juvenile traffic offender who is | 301 |
|
ordered to attend an alcohol and drug addiction treatment program | 302 |
|
by a county, juvenile, or municipal court judge and who is | 303 |
|
determined by the county, juvenile, or municipal court judge not | 304 |
|
to have the means to pay for the person's attendance at the | 305 |
|
program or to pay the costs specified in division (H)(4) of this | 306 |
|
section in accordance with that division. In addition, a county, | 307 |
|
juvenile, or municipal court judge may use moneys in the county | 308 |
|
indigent drivers alcohol treatment fund, county juvenile indigent | 309 |
|
drivers alcohol treatment fund, or municipal indigent drivers | 310 |
|
alcohol treatment fund to pay for the cost of the continued use of | 311 |
|
an alcohol monitoring device as described in divisions (H)(3) and | 312 |
|
(4) of this section. Moneys in the fund that are not distributed | 313 |
|
to a county indigent drivers alcohol treatment fund, a county | 314 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 315 |
|
indigent drivers alcohol treatment fund under division (H) of this | 316 |
|
section because the director of alcohol and drug addiction | 317 |
|
services does not have the information necessary to identify the | 318 |
|
county or municipal corporation where the offender or juvenile | 319 |
|
offender was arrested may be transferred by the director of budget | 320 |
|
and management to the statewide treatment and prevention fund | 321 |
|
created by section 4301.30 of the Revised Code, upon certification | 322 |
|
of the amount by the director of alcohol and drug addiction | 323 |
|
services. | 324 |
| (d) Seventy-five dollars shall be credited to the Ohio | 325 |
|
rehabilitation services commission established by section 3304.12 | 326 |
|
of the Revised Code, to the services for rehabilitation fund, | 327 |
|
which is hereby established. The fund shall be used to match | 328 |
|
available federal matching funds where appropriate, and for any | 329 |
|
other purpose or program of the commission to rehabilitate people | 330 |
|
with disabilities to help them become employed and independent. | 331 |
| (h) Fifty dollars shall be credited to the indigent drivers | 343 |
|
interlock and alcohol monitoring fund, which is hereby established | 344 |
|
in the state treasury. Monies in the fund shall be distributed by | 345 |
|
the department of public safety to the county indigent drivers | 346 |
|
interlock and alcohol monitoring funds, the county juvenile | 347 |
|
indigent drivers interlock and alcohol monitoring funds, and the | 348 |
|
municipal indigent drivers interlock and alcohol monitoring funds | 349 |
|
that are required to be established by counties and municipal | 350 |
|
corporations pursuant to this section, and shall be used only to | 351 |
|
pay the cost of an immobilizing or disabling device, including a | 352 |
|
certified ignition interlock device, or an alcohol monitoring | 353 |
|
device used by an offender or juvenile offender who is ordered to | 354 |
|
use the device by a county, juvenile, or municipal court judge and | 355 |
|
who is determined by the county, juvenile, or municipal court | 356 |
|
judge not to have the means to pay for the person's use of the | 357 |
|
device. | 358 |
| (3) If a person's driver's or commercial driver's license or | 359 |
|
permit is suspended under this section, under section 4511.196 or | 360 |
|
division (G) of section 4511.19 of the Revised Code, under section | 361 |
|
4510.07 of the Revised Code for a violation of a municipal OVI | 362 |
|
ordinance or under any combination of the suspensions described in | 363 |
|
division (F)(3) of this section, and if the suspensions arise from | 364 |
|
a single incident or a single set of facts and circumstances, the | 365 |
|
person is liable for payment of, and shall be required to pay to | 366 |
|
the bureau, only one reinstatement fee of four hundred | 367 |
|
seventy-five dollars. The reinstatement fee shall be distributed | 368 |
|
by the bureau in accordance with division (F)(2) of this section. | 369 |
| (4) The attorney general shall use amounts in the drug abuse | 370 |
|
resistance education programs fund to award grants to law | 371 |
|
enforcement agencies to establish and implement drug abuse | 372 |
resistance education programs in public schools that receive | 373 |
|
funding from the Ohio department of education. Grants awarded to a | 374 |
|
law enforcement agency under this section shall be used by the | 375 |
agency to pay for not more than
fiftyseventy-five per cent of the | 376 |
|
amount of the salaries of law enforcement officers who serve as | 377 |
|
school-based law enforcement officers and also conduct drug abuse | 378 |
resistance education programs in
publiceligible schools. The | 379 |
attorney general shall not use more than sixten per cent of the | 380 |
|
amounts the attorney general's office receives under division | 381 |
|
(F)(2)(e) of this section to pay the costs it incurs in | 382 |
|
administering the grant program established by division (F)(2)(e) | 383 |
|
of this section and in providing training and materials relating | 384 |
|
to drug abuse resistance education programs.
The attorney general | 385 |
|
shall establish continuing education requirements for law | 386 |
|
enforcement officers who serve as school-based law enforcement | 387 |
|
officers and also conduct drug abuse resistance education programs | 388 |
|
in schools; the attorney general shall require each law | 389 |
|
enforcement agency receiving a grant under this section to comply | 390 |
|
with the continuing education requirements. | 391 |
| (G) Suspension of a commercial driver's license under | 404 |
|
division (B) or (C) of this section shall be concurrent with any | 405 |
|
period of disqualification under section 3123.611 or 4506.16 of | 406 |
|
the Revised Code or any period of suspension under section 3123.58 | 407 |
|
of the Revised Code. No person who is disqualified for life from | 408 |
|
holding a commercial driver's license under section 4506.16 of the | 409 |
|
Revised Code shall be issued a driver's license under Chapter | 410 |
|
4507. of the Revised Code during the period for which the | 411 |
|
commercial driver's license was suspended under division (B) or | 412 |
|
(C) of this section. No person whose commercial driver's license | 413 |
|
is suspended under division (B) or (C) of this section shall be | 414 |
|
issued a driver's license under Chapter 4507. of the Revised Code | 415 |
|
during the period of the suspension. | 416 |
| (H)(1) Each county shall establish an indigent drivers | 417 |
|
alcohol treatment fund, each county shall establish a juvenile | 418 |
|
indigent drivers alcohol treatment fund, and each municipal | 419 |
|
corporation in which there is a municipal court shall establish an | 420 |
|
indigent drivers alcohol treatment fund. All revenue that the | 421 |
|
general assembly appropriates to the indigent drivers alcohol | 422 |
|
treatment fund for transfer to a county indigent drivers alcohol | 423 |
|
treatment fund, a county juvenile indigent drivers alcohol | 424 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 425 |
|
fund, all portions of fees that are paid under division (F) of | 426 |
|
this section and that are credited under that division to the | 427 |
|
indigent drivers alcohol treatment fund in the state treasury for | 428 |
|
a county indigent drivers alcohol treatment fund, a county | 429 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 430 |
|
indigent drivers alcohol treatment fund, all portions of | 431 |
|
additional costs imposed under section 2949.094 of the Revised | 432 |
|
Code that are specified for deposit into a county, county | 433 |
|
juvenile, or municipal indigent drivers alcohol treatment fund by | 434 |
|
that section, and all portions of fines that are specified for | 435 |
|
deposit into a county or municipal indigent drivers alcohol | 436 |
|
treatment fund by section 4511.193 of the Revised Code shall be | 437 |
|
deposited into that county indigent drivers alcohol treatment | 438 |
|
fund, county juvenile indigent drivers alcohol treatment fund, or | 439 |
|
municipal indigent drivers alcohol treatment fund. The portions of | 440 |
|
the fees paid under division (F) of this section that are to be so | 441 |
|
deposited shall be determined in accordance with division (H)(2) | 442 |
|
of this section. Additionally, all portions of fines that are paid | 443 |
|
for a violation of section 4511.19 of the Revised Code or of any | 444 |
|
prohibition contained in Chapter 4510. of the Revised Code, and | 445 |
|
that are required under section 4511.19 or any provision of | 446 |
|
Chapter 4510. of the Revised Code to be deposited into a county | 447 |
|
indigent drivers alcohol treatment fund or municipal indigent | 448 |
|
drivers alcohol treatment fund shall be deposited into the | 449 |
|
appropriate fund in accordance with the applicable division of the | 450 |
|
section or provision. | 451 |
| (3) Expenditures from a county indigent drivers alcohol | 487 |
|
treatment fund, a county juvenile indigent drivers alcohol | 488 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 489 |
|
fund shall be made only upon the order of a county, juvenile, or | 490 |
|
municipal court judge and only for payment of the cost of an | 491 |
|
assessment or the cost of the attendance at an alcohol and drug | 492 |
|
addiction treatment program of a person who is convicted of, or | 493 |
|
found to be a juvenile traffic offender by reason of, a violation | 494 |
|
of division (A) of section 4511.19 of the Revised Code or a | 495 |
|
substantially similar municipal ordinance, who is ordered by the | 496 |
|
court to attend the alcohol and drug addiction treatment program, | 497 |
|
and who is determined by the court to be unable to pay the cost of | 498 |
|
the assessment or the cost of attendance at the treatment program | 499 |
|
or for payment of the costs specified in division (H)(4) of this | 500 |
|
section in accordance with that division. The alcohol and drug | 501 |
|
addiction services board or the board of alcohol, drug addiction, | 502 |
|
and mental health services established pursuant to section 340.02 | 503 |
|
or 340.021 of the Revised Code and serving the alcohol, drug | 504 |
|
addiction, and mental health service district in which the court | 505 |
|
is located shall administer the indigent drivers alcohol treatment | 506 |
|
program of the court. When a court orders an offender or juvenile | 507 |
|
traffic offender to obtain an assessment or attend an alcohol and | 508 |
|
drug addiction treatment program, the board shall determine which | 509 |
|
program is suitable to meet the needs of the offender or juvenile | 510 |
|
traffic offender, and when a suitable program is located and space | 511 |
|
is available at the program, the offender or juvenile traffic | 512 |
|
offender shall attend the program designated by the board. A | 513 |
|
reasonable amount not to exceed five per cent of the amounts | 514 |
|
credited to and deposited into the county indigent drivers alcohol | 515 |
|
treatment fund, the county juvenile indigent drivers alcohol | 516 |
|
treatment fund, or the municipal indigent drivers alcohol | 517 |
|
treatment fund serving every court whose program is administered | 518 |
|
by that board shall be paid to the board to cover the costs it | 519 |
|
incurs in administering those indigent drivers alcohol treatment | 520 |
|
programs. | 521 |
| In addition, upon exhaustion of moneys in the indigent | 522 |
|
drivers interlock and alcohol monitoring fund for the use of an | 523 |
|
alcohol monitoring device, a county, juvenile, or municipal court | 524 |
|
judge may use moneys in the county indigent drivers alcohol | 525 |
|
treatment fund, county juvenile indigent drivers alcohol treatment | 526 |
|
fund, or municipal indigent drivers alcohol treatment fund in the | 527 |
|
following manners: | 528 |
| (a) If the source of the moneys was an appropriation of the | 529 |
|
general assembly, a portion of a fee that was paid under division | 530 |
|
(F) of this section, a portion of a fine that was specified for | 531 |
|
deposit into the fund by section 4511.193 of the Revised Code, or | 532 |
|
a portion of a fine that was paid for a violation of section | 533 |
|
4511.19 of the Revised Code or of a provision contained in Chapter | 534 |
|
4510. of the Revised Code that was required to be deposited into | 535 |
|
the fund, to pay for the continued use of an alcohol monitoring | 536 |
|
device by an offender or juvenile traffic offender, in conjunction | 537 |
|
with a treatment program approved by the department of alcohol and | 538 |
|
drug addiction services, when such use is determined clinically | 539 |
|
necessary by the treatment program and when the court determines | 540 |
|
that the offender or juvenile traffic offender is unable to pay | 541 |
|
all or part of the daily monitoring or cost of the device; | 542 |
| (b) If the source of the moneys was a portion of an | 543 |
|
additional court cost imposed under section 2949.094 of the | 544 |
|
Revised Code, to pay for the continued use of an alcohol | 545 |
|
monitoring device by an offender or juvenile traffic offender when | 546 |
|
the court determines that the offender or juvenile traffic | 547 |
|
offender is unable to pay all or part of the daily monitoring or | 548 |
|
cost of the device. The moneys may be used for a device as | 549 |
|
described in this division if the use of the device is in | 550 |
|
conjunction with a treatment program approved by the department of | 551 |
|
alcohol and drug addiction services, when the use of the device is | 552 |
|
determined clinically necessary by the treatment program, but the | 553 |
|
use of a device is not required to be in conjunction with a | 554 |
|
treatment program approved by the department in order for the | 555 |
|
moneys to be used for the device as described in this division. | 556 |
| (4) If a county, juvenile, or municipal court determines, in | 557 |
|
consultation with the alcohol and drug addiction services board or | 558 |
|
the board of alcohol, drug addiction, and mental health services | 559 |
|
established pursuant to section 340.02 or 340.021 of the Revised | 560 |
|
Code and serving the alcohol, drug addiction, and mental health | 561 |
|
district in which the court is located, that the funds in the | 562 |
|
county indigent drivers alcohol treatment fund, the county | 563 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 564 |
|
indigent drivers alcohol treatment fund under the control of the | 565 |
|
court are more than sufficient to satisfy the purpose for which | 566 |
|
the fund was established, as specified in divisions (H)(1) to (3) | 567 |
|
of this section, the court may declare a surplus in the fund. If | 568 |
|
the court declares a surplus in the fund, the court may expend the | 569 |
|
amount of the surplus in the fund for: | 570 |
| (5) For the purpose of determining as described in division | 586 |
|
(F)(2)(c) of this section whether an offender does not have the | 587 |
|
means to pay for the offender's attendance at an alcohol and drug | 588 |
|
addiction treatment program or whether an alleged offender or | 589 |
|
delinquent child is unable to pay the costs specified in division | 590 |
|
(H)(4) of this section, the court shall use the indigent client | 591 |
|
eligibility guidelines and the standards of indigency established | 592 |
|
by the state public defender to make the determination. | 593 |
| (6) The court shall identify and refer any alcohol and drug | 594 |
|
addiction program that is not certified under section 3793.06 of | 595 |
|
the Revised Code and that is interested in receiving amounts from | 596 |
|
the surplus in the fund declared under division (H)(4) of this | 597 |
|
section to the department of alcohol and drug addiction services | 598 |
|
in order for the program to become a certified alcohol and drug | 599 |
|
addiction program. The department shall keep a record of applicant | 600 |
|
referrals received pursuant to this division and shall submit a | 601 |
|
report on the referrals each year to the general assembly. If a | 602 |
|
program interested in becoming certified makes an application to | 603 |
|
become certified pursuant to section 3793.06 of the Revised Code, | 604 |
|
the program is eligible to receive surplus funds as long as the | 605 |
|
application is pending with the department. The department of | 606 |
|
alcohol and drug addiction services must offer technical | 607 |
|
assistance to the applicant. If the interested program withdraws | 608 |
|
the certification application, the department must notify the | 609 |
|
court, and the court shall not provide the interested program with | 610 |
|
any further surplus funds. | 611 |
| (b) The report, which shall be submitted not later than sixty | 618 |
|
days after the end of the state fiscal year, shall provide the | 619 |
|
total payment that was made from the fund, including the number of | 620 |
|
indigent consumers that received treatment services and the number | 621 |
|
of indigent consumers that received an alcohol monitoring device. | 622 |
|
The report shall identify the treatment program and expenditure | 623 |
|
for an alcohol monitoring device for which that payment was made. | 624 |
|
The report shall include the fiscal year balance of each indigent | 625 |
|
drivers alcohol treatment fund located in that board's area. In | 626 |
|
the event that a surplus is declared in the fund pursuant to | 627 |
|
division (H)(4) of this section, the report also shall provide the | 628 |
|
total payment that was made from the surplus moneys and identify | 629 |
|
the treatment program and expenditure for an alcohol monitoring | 630 |
|
device for which that payment was made. The department may require | 631 |
|
additional information necessary to complete the comprehensive | 632 |
|
statewide alcohol and drug addiction services plan as required by | 633 |
|
section 3793.04 of the Revised Code. | 634 |
| (I)(1) Each county shall establish an indigent drivers | 639 |
|
interlock and alcohol monitoring fund and a juvenile indigent | 640 |
|
drivers interlock and alcohol treatment fund, and each municipal | 641 |
|
corporation in which there is a municipal court shall establish an | 642 |
|
indigent drivers interlock and alcohol monitoring fund. All | 643 |
|
revenue that the general assembly appropriates to the indigent | 644 |
|
drivers interlock and alcohol monitoring fund for transfer to a | 645 |
|
county indigent drivers interlock and alcohol monitoring fund, a | 646 |
|
county juvenile indigent drivers interlock and alcohol monitoring | 647 |
|
fund, or a municipal indigent drivers interlock and alcohol | 648 |
|
monitoring fund, all portions of license reinstatement fees that | 649 |
|
are paid under division (F)(2) of this section and that are | 650 |
|
credited under that division to the indigent drivers interlock and | 651 |
|
alcohol monitoring fund in the state treasury, and all portions of | 652 |
|
fines that are paid under division (G) of section 4511.19 of the | 653 |
|
Revised Code and that are credited by division (G)(5)(e) of that | 654 |
|
section to the indigent drivers interlock and alcohol monitoring | 655 |
|
fund in the state treasury shall be deposited in the appropriate | 656 |
|
fund in accordance with division (I)(2) of this section. | 657 |
| (2) That portion of the license reinstatement fee that is | 658 |
|
paid under division (F) of this section and that portion of the | 659 |
|
fine paid under division (G) of section 4511.19 of the Revised | 660 |
|
Code and that is credited under either division to the indigent | 661 |
|
drivers interlock and alcohol monitoring fund shall be deposited | 662 |
|
into a county indigent drivers interlock and alcohol monitoring | 663 |
|
fund, a county juvenile indigent drivers interlock and alcohol | 664 |
|
monitoring fund, or a municipal indigent drivers interlock and | 665 |
|
alcohol monitoring fund as follows: | 666 |
| Section 3. Section 4511.191 of the Revised Code is presented | 684 |
|
in this act as a composite of the section as amended by both Am. | 685 |
|
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly. The | 686 |
|
General Assembly, applying the principle stated in division (B) of | 687 |
|
section 1.52 of the Revised Code that amendments are to be | 688 |
|
harmonized if reasonably capable of simultaneous operation, finds | 689 |
|
that the composite is the resulting version of the section in | 690 |
|
effect prior to the effective date of the section as presented in | 691 |
|
this act. | 692 |
