As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 385

Representatives Antonio, Ramos 

Cosponsors: Representatives Blair, Foley, Hagan, R., Driehaus, Strahorn, Fedor, Patterson, Letson, Lundy, Heard 

---

A BILL

To amend sections 120.03, 120.06, 120.14, 120.16,

1

120.18, 120.24, 120.26, 120.28, 120.33, 120.34,

2

1901.183, 2152.13, 2152.67, 2301.20, 2307.60,

3

2701.07, 2743.51, 2901.02, 2909.24, 2929.02,

4

2929.13, 2929.14, 2941.021, 2941.14, 2941.148,

5

2941.401, 2941.43, 2941.51, 2945.06, 2945.21,

6

2945.25, 2945.33, 2945.38, 2949.02, 2949.03,

7

2953.02, 2953.07, 2953.08, 2953.09, 2953.10,

8

2953.21, 2953.23, 2953.71, 2953.72, 2953.81,

9

2967.05, 2967.13, 2967.193, 2971.03, 2971.07,

10

5120.113, 5120.61, and 5919.16 and to repeal

11

sections 109.97, 120.35, 2929.021, 2929.022,

12

2929.023, 2929.024, 2929.03, 2929.04, 2929.05,

13

2929.06, 2947.08, 2949.21, 2949.22, 2949.24,

14

2949.25, 2949.26, 2949.27, 2949.28, 2949.29,

15

2949.31, and 2967.08 of the Revised Code to

16

abolish the death penalty.

17

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

Section 1. That sections 120.03, 120.06, 120.14, 120.16,	18
120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183, 2152.13,	19
2152.67, 2301.20, 2307.60, 2701.07, 2743.51, 2901.02, 2909.24,	20
2929.02, 2929.13, 2929.14, 2941.021, 2941.14, 2941.148, 2941.401,	21
2941.43, 2941.51, 2945.06, 2945.21, 2945.25, 2945.33, 2945.38,	22
2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09, 2953.10,	23
2953.21, 2953.23, 2953.71, 2953.72, 2953.81, 2967.05, 2967.13,	24
2967.193, 2971.03, 2971.07, 5120.113, 5120.61, and 5919.16 of the	25
Revised Code be amended to read as follows:	26

Sec. 120.03.  (A) The Ohio public defender commission shall	27
appoint the state public defender, who shall serve at the pleasure	28
of the commission.	29

(B) The Ohio public defender commission shall establish rules	30
for the conduct of the offices of the county and joint county	31
public defenders and for the conduct of county appointed counsel	32
systems in the state. These rules shall include, but are not	33
limited to, the following:	34

(1) Standards of indigency and minimum qualifications for	35
legal representation by a public defender or appointed counsel. In	36
establishing standards of indigency and determining who is	37
eligible for legal representation by a public defender or	38
appointed counsel, the commission shall consider an indigent	39
person to be an individual who at the time histhe person's need	40
is determined is unable to provide for the payment of an attorney	41
and all other necessary expenses of representation. Release on	42
bail shall not prevent a person from being determined to be	43
indigent.	44

(2) Standards for the hiring of outside counsel;

45

(3) Standards for contracts by a public defender with law	46
schools, legal aid societies, and nonprofit organizations for	47
providing counsel;	48

(4) Standards for the qualifications, training, and size of	49
the legal and supporting staff for a public defender, facilities,	50
and other requirements needed to maintain and operate an office of	51
a public defender;	52

(5) Minimum caseload standards;

53

(6) Procedures for the assessment and collection of the costs	54
of legal representation that is provided by public defenders or	55
appointed counsel;	56

(7) Standards and guidelines for determining whether a client	57
is able to make an up-front contribution toward the cost of his	58
the client's legal representation;	59

(8) Procedures for the collection of up-front contributions	60
from clients who are able to contribute toward the cost of their	61
legal representation, as determined pursuant to the standards and	62
guidelines developed under division (B)(7) of this section. All of	63
such up-front contributions shall be paid into the appropriate	64
county fund.	65

(9) Standards for contracts between a board of county	66
commissioners, a county public defender commission, or a joint	67
county public defender commission and a municipal corporation for	68
the legal representation of indigent persons charged with	69
violations of the ordinances of the municipal corporation.	70

(C) The Ohio public defender commission shall adopt rules	71
prescribing minimum qualifications of counsel appointed pursuant	72
to this chapter or appointed by the courts. Without limiting its	73
general authority to prescribe different qualifications for	74
different categories of appointed counsel, the commission shall	75
prescribe, by rule, special qualifications for counsel and	76
co-counsel appointed in capital cases in which the defendant was	77
sentenced to death before the effective date of this amendment.	78

(D) In administering the office of the Ohio public defender	79
commission:	80

(1) The commission shall do the following:

81

(a) Approve an annual operating budget;

82

(b) Make an annual report to the governor, the general	83
assembly, and the supreme court of Ohio on the operation of the	84
state public defender's office, the county appointed counsel	85
systems, and the county and joint county public defenders'	86
offices.	87

(2) The commission may do the following:

88

(a) Accept the services of volunteer workers and consultants	89
at no compensation other than reimbursement of actual and	90
necessary expenses;	91

(b) Prepare and publish statistical and case studies and	92
other data pertinent to the legal representation of indigent	93
persons;	94

(c) Conduct programs having a general objective of training	95
and educating attorneys and others in the legal representation of	96
indigent persons.	97

(E) There is hereby established in the state treasury the	98
public defender training fund for the deposit of fees received by	99
the Ohio public defender commission from educational seminars, and	100
the sale of publications, on topics concerning criminal law and	101
procedure. Expenditures from this fund shall be made only for the	102
operation of activities authorized by division (D)(2)(c) of this	103
section.	104

(F)(1) In accordance with sections 109.02, 109.07, and	105
109.361 to 109.366 of the Revised Code, but subject to division	106
(E) of section 120.06 of the Revised Code, the attorney general	107
shall represent or provide for the representation of the Ohio	108
public defender commission, the state public defender, assistant	109
state public defenders, and other employees of the commission or	110
the state public defender.	111

(2) Subject to division (E) of section 120.06 of the Revised	112
Code, the attorney general shall represent or provide for the	113
representation of attorneys described in division (C) of section	114
120.41 of the Revised Code in malpractice or other civil actions	115
or proceedings that arise from alleged actions or omissions	116
related to responsibilities derived pursuant to this chapter, or	117
in civil actions that are based upon alleged violations of the	118
constitution or statutes of the United States, including section	119
1983 of Title 42 of the United States Code, 93 Stat. 1284 (1979),	120
42 U.S.C.A. 1983, as amended, and that arise from alleged actions	121
or omissions related to responsibilities derived pursuant to this	122
chapter. For purposes of the representation, sections 109.361 to	123
109.366 of the Revised Code shall apply to an attorney described	124
in division (C) of section 120.41 of the Revised Code as if hethe	125
attorney were an officer or employee, as defined in section 109.36	126
of the Revised Code, and the Ohio public defender commission or	127
the state public defender, whichever contracted with the attorney,	128
shall be considered histhe attorney's employer.	129

Sec. 120.06.  (A)(1) The state public defender, when	130
designated by the court or requested by a county public defender	131
or joint county public defender, may provide legal representation	132
in all courts throughout the state to indigent adults and	133
juveniles who are charged with the commission of an offense or act	134
for which the penalty or any possible adjudication includes the	135
potential loss of liberty.	136

(2) The state public defender may provide legal	137
representation to any indigent person who, while incarcerated in	138
any state correctional institution, is charged with a felony	139
offense, for which the penalty or any possible adjudication that	140
may be imposed by a court upon conviction includes the potential	141
loss of liberty.	142

(3) The state public defender may provide legal	143
representation to any person incarcerated in any correctional	144
institution of the state, in any matter in which the person	145
asserts the person is unlawfully imprisoned or detained.	146

(4) The state public defender, in any case in which the state	147
public defender has provided legal representation or is requested	148
to do so by a county public defender or joint county public	149
defender, may provide legal representation on appeal.	150

(5) The state public defender, when designated by the court	151
or requested by a county public defender, joint county public	152
defender, or the director of rehabilitation and correction, shall	153
provide legal representation in parole and probation revocation	154
matters or matters relating to the revocation of community control	155
or post-release control under a community control sanction or	156
post-release control sanction, unless the state public defender	157
finds that the alleged parole or probation violator or alleged	158
violator of a community control sanction or post-release control	159
sanction has the financial capacity to retain the alleged	160
violator's own counsel.	161

(6) If the state public defender contracts with a county	162
public defender commission, a joint county public defender	163
commission, or a board of county commissioners for the provision	164
of services, under authority of division (C)(7) of section 120.04	165
of the Revised Code, the state public defender shall provide legal	166
representation in accordance with the contract.	167

(B) The state public defender shall not be required to	168
prosecute any appeal, postconviction remedy, or other proceeding	169
pursuant to division (A)(3), (4), or (5) of this section, unless	170
the state public defender first is satisfied that there is	171
arguable merit to the proceeding.	172

(C) A court may appoint counsel or allow an indigent person	173
to select the indigent's own personal counsel to assist the state	174
public defender as co-counsel when the interests of justice so	175
require. When co-counsel is appointed to assist the state public	176
defender, the co-counsel shall receive any compensation that the	177
court may approve, not to exceed the amounts provided for in	178
section 2941.51 of the Revised Code.	179

(D)(1) When the state public defender is designated by the	180
court or requested by a county public defender or joint county	181
public defender to provide legal representation for an indigent	182
person in any case, other than pursuant to a contract entered into	183
under authority of division (C)(7) of section 120.04 of the	184
Revised Code, the state public defender shall send to the county	185
in which the case is filed a bill detailing the actual cost of the	186
representation that separately itemizes legal fees and expenses.	187
The county, upon receipt of an itemized bill from the state public	188
defender pursuant to this division, shall pay the state public	189
defender each of the following amounts:	190

(a) For the amount identified as legal fees in the itemized	191
bill, one hundred per cent of the amount identified as legal fees	192
less the state reimbursement rate as calculated by the state	193
public defender pursuant to section 120.34 of the Revised Code for	194
the month the case terminated, as set forth in the itemized bill;	195

(b) For the amount identified as expenses in the itemized	196
bill, one hundred per cent.	197

(2) Upon payment of the itemized bill under division (D)(1)	198
of this section, the county may submit the cost of the expenses,	199
excluding legal fees, to the state public defender for	200
reimbursement pursuant to section 120.33 of the Revised Code.	201

(3) When the state public defender provides investigation or	202
mitigation services to private appointed counsel or to a county or	203
joint county public defender as approved by the appointing court,	204
other than pursuant to a contract entered into under authority of	205
division (C)(7) of section 120.04 of the Revised Code, the state	206
public defender shall send to the county in which the case is	207
filed a bill itemizing the actual cost of the services provided.	208
The county, upon receipt of an itemized bill from the state public	209
defender pursuant to this division, shall pay one hundred per cent	210
of the amount as set forth in the itemized bill. Upon payment of	211
the itemized bill received pursuant to this division, the county	212
may submit the cost of the investigation and mitigation services	213
to the state public defender for reimbursement pursuant to section	214
120.33 of the Revised Code.	215

(4) There is hereby created in the state treasury the county	216
representation fund for the deposit of moneys received from	217
counties under this division. All moneys credited to the fund	218
shall be used by the state public defender to provide legal	219
representation for indigent persons when designated by the court	220
or requested by a county or joint county public defender or to	221
provide investigation or mitigation services, including	222
investigation or mitigation services to private appointed counsel	223
or a county or joint county public defender, as approved by the	224
court.	225

(E)(1) Notwithstanding any contrary provision of sections	226
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	227
that pertains to representation by the attorney general, an	228
assistant attorney general, or special counsel of an officer or	229
employee, as defined in section 109.36 of the Revised Code, or of	230
an entity of state government, the state public defender may elect	231
to contract with, and to have the state pay pursuant to division	232
(E)(2) of this section for the services of, private legal counsel	233
to represent the Ohio public defender commission, the state public	234
defender, assistant state public defenders, other employees of the	235
commission or the state public defender, and attorneys described	236
in division (C) of section 120.41 of the Revised Code in a	237
malpractice or other civil action or proceeding that arises from	238
alleged actions or omissions related to responsibilities derived	239
pursuant to this chapter, or in a civil action that is based upon	240
alleged violations of the constitution or statutes of the United	241
States, including section 1983 of Title 42 of the United States	242
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	243
arises from alleged actions or omissions related to	244
responsibilities derived pursuant to this chapter, if the state	245
public defender determines, in good faith, that the defendant in	246
the civil action or proceeding did not act manifestly outside the	247
scope of the defendant's employment or official responsibilities,	248
with malicious purpose, in bad faith, or in a wanton or reckless	249
manner. If the state public defender elects not to contract	250
pursuant to this division for private legal counsel in a civil	251
action or proceeding, then, in accordance with sections 109.02,	252
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	253
attorney general shall represent or provide for the representation	254
of the Ohio public defender commission, the state public defender,	255
assistant state public defenders, other employees of the	256
commission or the state public defender, or attorneys described in	257
division (C) of section 120.41 of the Revised Code in the civil	258
action or proceeding.	259

(2)(a) Subject to division (E)(2)(b) of this section, payment	260
from the state treasury for the services of private legal counsel	261
with whom the state public defender has contracted pursuant to	262
division (E)(1) of this section shall be accomplished only through	263
the following procedure:	264

(i) The private legal counsel shall file with the attorney	265
general a copy of the contract; a request for an award of legal	266
fees, court costs, and expenses earned or incurred in connection	267
with the defense of the Ohio public defender commission, the state	268
public defender, an assistant state public defender, an employee,	269
or an attorney in a specified civil action or proceeding; a	270
written itemization of those fees, costs, and expenses, including	271
the signature of the state public defender and the state public	272
defender's attestation that the fees, costs, and expenses were	273
earned or incurred pursuant to division (E)(1) of this section to	274
the best of the state public defender's knowledge and information;	275
a written statement whether the fees, costs, and expenses are for	276
all legal services to be rendered in connection with that defense,	277
are only for legal services rendered to the date of the request	278
and additional legal services likely will have to be provided in	279
connection with that defense, or are for the final legal services	280
rendered in connection with that defense; a written statement	281
indicating whether the private legal counsel previously submitted	282
a request for an award under division (E)(2) of this section in	283
connection with that defense and, if so, the date and the amount	284
of each award granted; and, if the fees, costs, and expenses are	285
for all legal services to be rendered in connection with that	286
defense or are for the final legal services rendered in connection	287
with that defense, a certified copy of any judgment entry in the	288
civil action or proceeding or a signed copy of any settlement	289
agreement entered into between the parties to the civil action or	290
proceeding.	291

(ii) Upon receipt of a request for an award of legal fees,	292
court costs, and expenses and the requisite supportive	293
documentation described in division (E)(2)(a)(i) of this section,	294
the attorney general shall review the request and documentation;	295
determine whether any of the limitations specified in division	296
(E)(2)(b) of this section apply to the request; and, if an award	297
of legal fees, court costs, or expenses is permissible after	298
applying the limitations, prepare a document awarding legal fees,	299
court costs, or expenses to the private legal counsel. The	300
document shall name the private legal counsel as the recipient of	301
the award; specify the total amount of the award as determined by	302
the attorney general; itemize the portions of the award that	303
represent legal fees, court costs, and expenses; specify any	304
limitation applied pursuant to division (E)(2)(b) of this section	305
to reduce the amount of the award sought by the private legal	306
counsel; state that the award is payable from the state treasury	307
pursuant to division (E)(2)(a)(iii) of this section; and be	308
approved by the inclusion of the signatures of the attorney	309
general, the state public defender, and the private legal counsel.	310

(iii) The attorney general shall forward a copy of the	311
document prepared pursuant to division (E)(2)(a)(ii) of this	312
section to the director of budget and management. The award of	313
legal fees, court costs, or expenses shall be paid out of the	314
state public defender's appropriations, to the extent there is a	315
sufficient available balance in those appropriations. If the state	316
public defender does not have a sufficient available balance in	317
the state public defender's appropriations to pay the entire award	318
of legal fees, court costs, or expenses, the director shall make	319
application for a transfer of appropriations out of the emergency	320
purposes account or any other appropriation for emergencies or	321
contingencies in an amount equal to the portion of the award that	322
exceeds the sufficient available balance in the state public	323
defender's appropriations. A transfer of appropriations out of the	324
emergency purposes account or any other appropriation for	325
emergencies or contingencies shall be authorized if there are	326
sufficient moneys greater than the sum total of then pending	327
emergency purposes account requests, or requests for releases from	328
the other appropriation. If a transfer of appropriations out of	329
the emergency purposes account or other appropriation for	330
emergencies or contingencies is made to pay an amount equal to the	331
portion of the award that exceeds the sufficient available balance	332
in the state public defender's appropriations, the director shall	333
cause the payment to be made to the private legal counsel. If	334
sufficient moneys do not exist in the emergency purposes account	335
or other appropriation for emergencies or contingencies to pay an	336
amount equal to the portion of the award that exceeds the	337
sufficient available balance in the state public defender's	338
appropriations, the private legal counsel shall request the	339
general assembly to make an appropriation sufficient to pay an	340
amount equal to the portion of the award that exceeds the	341
sufficient available balance in the state public defender's	342
appropriations, and no payment in that amount shall be made until	343
the appropriation has been made. The private legal counsel shall	344
make the request during the current biennium and during each	345
succeeding biennium until a sufficient appropriation is made.	346

(b) An award of legal fees, court costs, and expenses	347
pursuant to division (E) of this section is subject to the	348
following limitations:	349

(i) The maximum award or maximum aggregate of a series of	350
awards of legal fees, court costs, and expenses to the private	351
legal counsel in connection with the defense of the Ohio public	352
defender commission, the state public defender, an assistant state	353
public defender, an employee, or an attorney in a specified civil	354
action or proceeding shall not exceed fifty thousand dollars.	355

(ii) The private legal counsel shall not be awarded legal	356
fees, court costs, or expenses to the extent the fees, costs, or	357
expenses are covered by a policy of malpractice or other	358
insurance.	359

(iii) The private legal counsel shall be awarded legal fees	360
and expenses only to the extent that the fees and expenses are	361
reasonable in light of the legal services rendered by the private	362
legal counsel in connection with the defense of the Ohio public	363
defender commission, the state public defender, an assistant state	364
public defender, an employee, or an attorney in a specified civil	365
action or proceeding.	366

(c) If, pursuant to division (E)(2)(a) of this section, the	367
attorney general denies a request for an award of legal fees,	368
court costs, or expenses to private legal counsel because of the	369
application of a limitation specified in division (E)(2)(b) of	370
this section, the attorney general shall notify the private legal	371
counsel in writing of the denial and of the limitation applied.	372

(d) If, pursuant to division (E)(2)(c) of this section, a	373
private legal counsel receives a denial of an award notification	374
or if a private legal counsel refuses to approve a document under	375
division (E)(2)(a)(ii) of this section because of the proposed	376
application of a limitation specified in division (E)(2)(b) of	377
this section, the private legal counsel may commence a civil	378
action against the attorney general in the court of claims to	379
prove the private legal counsel's entitlement to the award sought,	380
to prove that division (E)(2)(b) of this section does not prohibit	381
or otherwise limit the award sought, and to recover a judgment for	382
the amount of the award sought. A civil action under division	383
(E)(2)(d) of this section shall be commenced no later than two	384
years after receipt of a denial of award notification or, if the	385
private legal counsel refused to approve a document under division	386
(E)(2)(a)(ii) of this section because of the proposed application	387
of a limitation specified in division (E)(2)(b) of this section,	388
no later than two years after the refusal. Any judgment of the	389
court of claims in favor of the private legal counsel shall be	390
paid from the state treasury in accordance with division (E)(2)(a)	391
of this section.	392

(F) If a court appoints the office of the state public	393
defender to represent a petitioner in a postconviction relief	394
proceeding under section 2953.21 of the Revised Code, the	395
petitioner has received a sentence of death, and the proceeding	396
relates to that sentence, all of the attorneys who represent the	397
petitioner in the proceeding pursuant to the appointment, whether	398
an assistant state public defender, the state public defender, or	399
another attorney, shall be certified under Rule 20 of the Rules of	400
Superintendence for the Courts of Ohio to represent indigent	401
defendants charged with or convicted of an offense for which the	402
death penalty can be or has been imposed.	403

(G) As used in this section:

404

(1) "Community control sanction" has the same meaning as in	405
section 2929.01 of the Revised Code.	406

(2) "Post-release control sanction" has the same meaning as	407
in section 2967.01 of the Revised Code.	408

Sec. 120.14.  (A)(1) Except as provided in division (A)(2) of	409
this section, the county public defender commission shall appoint	410
the county public defender and may remove himthe county public	411
defender from office only for good cause.	412

(2) If a county public defender commission contracts with the	413
state public defender or with one or more nonprofit organizations	414
for the state public defender or the organizations to provide all	415
of the services that the county public defender is required or	416
permitted to provide by this chapter, the commission shall not	417
appoint a county public defender.	418

(B) The commission shall determine the qualifications and	419
size of the supporting staff and facilities and other requirements	420
needed to maintain and operate the office of the county public	421
defender.	422

(C) In administering the office of county public defender,	423
the commission shall:	424

(1) Recommend to the county commissioners an annual operating	425
budget which is subject to the review, amendment, and approval of	426
the board of county commissioners;	427

(2)(a) Make an annual report to the county commissioners and	428
the Ohio public defender commission on the operation of the county	429
public defender's office, including complete and detailed	430
information on finances and costs that separately states costs and	431
expenses that are reimbursable under section 120.35 of the Revised	432
Code, and any other data and information requested by the state	433
public defender;	434

(b) Make monthly reports relating to reimbursement and	435
associated case data pursuant to the rules of the Ohio public	436
defender commission to the board of county commissioners and the	437
Ohio public defender commission on the total costs of the public	438
defender's office.	439

(3) Cooperate with the Ohio public defender commission in	440
maintaining the standards established by rules of the Ohio public	441
defender commission pursuant to divisions (B) and (C) of section	442
120.03 of the Revised Code, and cooperate with the state public	443
defender in histhe state public defender's programs providing	444
technical aid and assistance to county systems.	445

(D) The commission may accept the services of volunteer	446
workers and consultants at no compensation except reimbursement	447
for actual and necessary expenses.	448

(E) The commission may contract with any municipal	449
corporation, within the county served by the county public	450
defender, for the county public defender to provide legal	451
representation for indigent persons who are charged with a	452
violation of the ordinances of the municipal corporation.	453

(F) A county public defender commission, with the approval of	454
the board of county commissioners regarding all provisions that	455
pertain to the financing of defense counsel for indigent persons,	456
may contract with the state public defender or with any nonprofit	457
organization, the primary purpose of which is to provide legal	458
representation to indigent persons, for the state public defender	459
or the organization to provide all or any part of the services	460
that a county public defender is required or permitted to provide	461
by this chapter. A contract entered into pursuant to this division	462
may provide for payment for the services provided on a per case,	463
hourly, or fixed contract basis. The state public defender and any	464
nonprofit organization that contracts with a county public	465
defender commission pursuant to this division shall do all of the	466
following:	467

(1) Comply with all standards established by the rules of the	468
Ohio public defender commission;	469

(2) Comply with all standards established by the state public	470
defender;	471

(3) Comply with all statutory duties and other laws	472
applicable to county public defenders.	473

Sec. 120.16.  (A)(1) The county public defender shall provide	474
legal representation to indigent adults and juveniles who are	475
charged with the commission of an offense or act that is a	476
violation of a state statute and for which the penalty or any	477
possible adjudication includes the potential loss of liberty and	478
in postconviction proceedings as defined in this section.	479

(2) The county public defender may provide legal	480
representation to indigent adults and juveniles charged with the	481
violation of an ordinance of a municipal corporation for which the	482
penalty or any possible adjudication includes the potential loss	483
of liberty, if the county public defender commission has	484
contracted with the municipal corporation to provide legal	485
representation for indigent persons charged with a violation of an	486
ordinance of the municipal corporation.	487

(B) The county public defender shall provide the legal	488
representation authorized by division (A) of this section at every	489
stage of the proceedings following arrest, detention, service of	490
summons, or indictment.	491

(C) The county public defender may request the state public	492
defender to prosecute any appeal or other remedy before or after	493
conviction that the county public defender decides is in the	494
interests of justice, and may provide legal representation in	495
parole and probation revocation matters and matters relating to	496
the revocation of community control or post-release control under	497
a community control sanction or post-release control sanction.	498

(D) The county public defender shall not be required to	499
prosecute any appeal, postconviction remedy, or other proceeding,	500
unless the county public defender is first satisfied there is	501
arguable merit to the proceeding.	502

(E) Nothing in this section shall prevent a court from	503
appointing counsel other than the county public defender or from	504
allowing an indigent person to select the indigent person's own	505
personal counsel to represent the indigent person. A court may	506
also appoint counsel or allow an indigent person to select the	507
indigent person's own personal counsel to assist the county public	508
defender as co-counsel when the interests of justice so require.	509

(F) Information as to the right to legal representation by	510
the county public defender or assigned counsel shall be afforded	511
to an accused person immediately upon arrest, when brought before	512
a magistrate, or when formally charged, whichever occurs first.	513

(G) If a court appoints the office of the county public	514
defender to represent a petitioner in a postconviction relief	515
proceeding under section 2953.21 of the Revised Code, the	516
petitioner has received a sentence of death, and the proceeding	517
relates to that sentence, all of the attorneys who represent the	518
petitioner in the proceeding pursuant to the appointment, whether	519
an assistant county public defender or the county public defender,	520
shall be certified under Rule 20 of the Rules of Superintendence	521
for the Courts of Ohio to represent indigent defendants charged	522
with or convicted of an offense for which the death penalty can be	523
or has been imposed.	524

(H) As used in this section:

525

(1) "Community control sanction" has the same meaning as in	526
section 2929.01 of the Revised Code.	527

(2) "Post-release control sanction" has the same meaning as	528
in section 2967.01 of the Revised Code.	529

Sec. 120.18.  (A) The county public defender commission's	530
report to the board of county commissioners shall be audited by	531
the county auditor. The board of county commissioners, after	532
review and approval of the audited report, may then certify it to	533
the state public defender for reimbursement. If a request for the	534
reimbursement of any operating expenditure incurred by a county	535
public defender office is not received by the state public	536
defender within sixty days after the end of the calendar month in	537
which the expenditure is incurred, the state public defender shall	538
not pay the requested reimbursement, unless the county has	539
requested, and the state public defender has granted, an extension	540
of the sixty-day time limit. Each request for reimbursement shall	541
include a certification by the county public defender that the	542
persons provided representation by the county public defender's	543
office during the period covered by the report were indigent and,	544
for each person provided representation during that period, a	545
financial disclosure form completed by the person on a form	546
prescribed by the state public defender. The state public defender	547
shall also review the report and, in accordance with the	548
standards, guidelines, and maximums established pursuant to	549
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	550
prepare a voucher for fifty per cent of the total cost of each	551
county public defender's office for the period of time covered by	552
the certified report and a voucher for fifty per cent of the costs	553
and expenses that are reimbursable under section 120.35 of the	554
Revised Code, if any, or, if the amount of money appropriated by	555
the general assembly to reimburse counties for the operation of	556
county public defender offices, joint county public defender	557
offices, and county appointed counsel systems is not sufficient to	558
pay fifty per cent of the total cost of all of the offices and	559
systems, for the lesser amount required by section 120.34 of the	560
Revised Code. For the purposes of this section, "total cost" means	561
total expenses minus costs and expenses reimbursable under section	562
120.35 of the Revised Code and any funds received by the county	563
public defender commission pursuant to a contract, except a	564
contract entered into with a municipal corporation pursuant to	565
division (E) of section 120.14 of the Revised Code, gift, or	566
grant.	567

(B) If the county public defender fails to maintain the	568
standards for the conduct of the office established by rules of	569
the Ohio public defender commission pursuant to divisions (B) and	570
(C) of section 120.03 or the standards established by the state	571
public defender pursuant to division (B)(7) of section 120.04 of	572
the Revised Code, the Ohio public defender commission shall notify	573
the county public defender commission and the board of county	574
commissioners of the county that the county public defender has	575
failed to comply with its rules or the standards of the state	576
public defender. Unless the county public defender commission or	577
the county public defender corrects the conduct of the county	578
public defender's office to comply with the rules and standards	579
within ninety days after the date of the notice, the state public	580
defender may deny payment of all or part of the county's	581
reimbursement from the state provided for in division (A) of this	582
section.	583

Sec. 120.24.  (A)(1) Except as provided in division (A)(2) of	584
this section, the joint county public defender commission shall	585
appoint the joint county public defender and may remove himthe	586
joint county public defender from office only for good cause.	587

(2) If a joint county public defender commission contracts	588
with the state public defender or with one or more nonprofit	589
organizations for the state public defender or the organizations	590
to provide all of the services that the joint county public	591
defender is required or permitted to provide by this chapter, the	592
commission shall not appoint a joint county public defender.	593

(B) The commission shall determine the qualifications and	594
size of the supporting staff and facilities and other requirements	595
needed to maintain and operate the office.	596

(C) In administering the office of joint county public	597
defender, the commission shall:	598

(1) Recommend to the boards of county commissioners in the	599
district an annual operating budget which is subject to the	600
review, amendment, and approval of the boards of county	601
commissioners in the district;	602

(2)(a) Make an annual report to the boards of county	603
commissioners in the district and the Ohio public defender	604
commission on the operation of the public defender's office,	605
including complete and detailed information on finances and costs	606
that separately states costs and expenses that are reimbursable	607
under section 120.35 of the Revised Code, and such other data and	608
information requested by the state public defender;	609

(b) Make monthly reports relating to reimbursement and	610
associated case data pursuant to the rules of the Ohio public	611
defender commission to the boards of county commissioners in the	612
district and the Ohio public defender commission on the total	613
costs of the public defender's office.	614

(3) Cooperate with the Ohio public defender commission in	615
maintaining the standards established by rules of the Ohio public	616
defender commission pursuant to divisions (B) and (C) of section	617
120.03 of the Revised Code, and cooperate with the state public	618
defender in histhe state public defender's programs providing	619
technical aid and assistance to county systems.	620

(D) The commission may accept the services of volunteer	621
workers and consultants at no compensation except reimbursement	622
for actual and necessary expenses.	623

(E) The commission may contract with any municipal	624
corporation, within the counties served by the joint county public	625
defender, for the joint county public defender to provide legal	626
representation for indigent persons who are charged with a	627
violation of the ordinances of the municipal corporation.	628

(F) A joint county public defender commission, with the	629
approval of each participating board of county commissioners	630
regarding all provisions that pertain to the financing of defense	631
counsel for indigent persons, may contract with the state public	632
defender or with any nonprofit organization, the primary purpose	633
of which is to provide legal representation to indigent persons,	634
for the state public defender or the organization to provide all	635
or any part of the services that a joint county public defender is	636
required or permitted to provide by this chapter. A contract	637
entered into pursuant to this division may provide for payment for	638
the services provided on a per case, hourly, or fixed contract	639
basis. The state public defender and any nonprofit organization	640
that contracts with a joint county public defender commission	641
pursuant to this division shall do all of the following:	642

(1) Comply with all standards established by the rules of the	643
Ohio public defender commission;	644

(2) Comply with all standards established by the Ohio public	645
defender;	646

(3) Comply with all statutory duties and other laws	647
applicable to joint county public defenders.	648

Sec. 120.26.  (A)(1) The joint county public defender shall	649
provide legal representation to indigent adults and juveniles who	650
are charged with the commission of an offense or act that is a	651
violation of a state statute and for which the penalty or any	652
possible adjudication includes the potential loss of liberty and	653
in postconviction proceedings as defined in this section.	654

(2) The joint county public defender may provide legal	655
representation to indigent adults and juveniles charged with the	656
violation of an ordinance of a municipal corporation for which the	657
penalty or any possible adjudication includes the potential loss	658
of liberty, if the joint county public defender commission has	659
contracted with the municipal corporation to provide legal	660
representation for indigent persons charged with a violation of an	661
ordinance of the municipal corporation.	662

(B) The joint county public defender shall provide the legal	663
representation authorized by division (A) of this section at every	664
stage of the proceedings following arrest, detention, service of	665
summons, or indictment.	666

(C) The joint county public defender may request the Ohio	667
public defender to prosecute any appeal or other remedy before or	668
after conviction that the joint county public defender decides is	669
in the interests of justice and may provide legal representation	670
in parole and probation revocation matters and matters relating to	671
the revocation of community control or post-release control under	672
a community control sanction or post-release control sanction.	673

(D) The joint county public defender shall not be required to	674
prosecute any appeal, postconviction remedy, or other proceeding,	675
unless the joint county public defender is first satisfied that	676
there is arguable merit to the proceeding.	677

(E) Nothing in this section shall prevent a court from	678
appointing counsel other than the joint county public defender or	679
from allowing an indigent person to select the indigent person's	680
own personal counsel to represent the indigent person. A court may	681
also appoint counsel or allow an indigent person to select the	682
indigent person's own personal counsel to assist the joint county	683
public defender as co-counsel when the interests of justice so	684
require.	685

(F) Information as to the right to legal representation by	686
the joint county public defender or assigned counsel shall be	687
afforded to an accused person immediately upon arrest, when	688
brought before a magistrate, or when formally charged, whichever	689
occurs first.	690

(G) If a court appoints the office of the joint county public	691
defender to represent a petitioner in a postconviction relief	692
proceeding under section 2953.21 of the Revised Code, the	693
petitioner has received a sentence of death, and the proceeding	694
relates to that sentence, all of the attorneys who represent the	695
petitioner in the proceeding pursuant to the appointment, whether	696
an assistant joint county defender or the joint county public	697
defender, shall be certified under Rule 20 of the Rules of	698
Superintendence for the Courts of Ohio to represent indigent	699
defendants charged with or convicted of an offense for which the	700
death penalty can be or has been imposed.	701

(H) As used in this section:

702

(1) "Community control sanction" has the same meaning as in	703
section 2929.01 of the Revised Code.	704

(2) "Post-release control sanction" has the same meaning as	705
in section 2967.01 of the Revised Code.	706

Sec. 120.28.  (A) The joint county public defender	707
commission's report to the joint board of county commissioners	708
shall be audited by the fiscal officer of the district. The joint	709
board of county commissioners, after review and approval of the	710
audited report, may then certify it to the state public defender	711
for reimbursement. If a request for the reimbursement of any	712
operating expenditure incurred by a joint county public defender	713
office is not received by the state public defender within sixty	714
days after the end of the calendar month in which the expenditure	715
is incurred, the state public defender shall not pay the requested	716
reimbursement, unless the joint board of county commissioners has	717
requested, and the state public defender has granted, an extension	718
of the sixty-day time limit. Each request for reimbursement shall	719
include a certification by the joint county public defender that	720
all persons provided representation by the joint county public	721
defender's office during the period covered by the request were	722
indigent and, for each person provided representation during that	723
period, a financial disclosure form completed by the person on a	724
form prescribed by the state public defender. The state public	725
defender shall also review the report and, in accordance with the	726
standards, guidelines, and maximums established pursuant to	727
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	728
prepare a voucher for fifty per cent of the total cost of each	729
joint county public defender's office for the period of time	730
covered by the certified report and a voucher for fifty per cent	731
of the costs and expenses that are reimbursable under section	732
120.35 of the Revised Code, if any, or, if the amount of money	733
appropriated by the general assembly to reimburse counties for the	734
operation of county public defender offices, joint county public	735
defender offices, and county appointed counsel systems is not	736
sufficient to pay fifty per cent of the total cost of all of the	737
offices and systems, for the lesser amount required by section	738
120.34 of the Revised Code. For purposes of this section, "total	739
cost" means total expenses minus costs and expenses reimbursable	740
under section 120.35 of the Revised Code and any funds received by	741
the joint county public defender commission pursuant to a	742
contract, except a contract entered into with a municipal	743
corporation pursuant to division (E) of section 120.24 of the	744
Revised Code, gift, or grant. Each county in the district shall be	745
entitled to a share of such state reimbursement in proportion to	746
the percentage of the total cost it has agreed to pay.	747

(B) If the joint county public defender fails to maintain the	748
standards for the conduct of the office established by the rules	749
of the Ohio public defender commission pursuant to divisions (B)	750
and (C) of section 120.03 or the standards established by the	751
state public defender pursuant to division (B)(7) of section	752
120.04 of the Revised Code, the Ohio public defender commission	753
shall notify the joint county public defender commission and the	754
board of county commissioners of each county in the district that	755
the joint county public defender has failed to comply with its	756
rules or the standards of the state public defender. Unless the	757
joint public defender commission or the joint county public	758
defender corrects the conduct of the joint county public	759
defender's office to comply with the rules and standards within	760
ninety days after the date of the notice, the state public	761
defender may deny all or part of the counties' reimbursement from	762
the state provided for in division (A) of this section.	763

Sec. 120.33.  (A) In lieu of using a county public defender	764
or joint county public defender to represent indigent persons in	765
the proceedings set forth in division (A) of section 120.16 of the	766
Revised Code, the board of county commissioners of any county may	767
adopt a resolution to pay counsel who are either personally	768
selected by the indigent person or appointed by the court. The	769
resolution shall include those provisions the board of county	770
commissioners considers necessary to provide effective	771
representation of indigent persons in any proceeding for which	772
counsel is provided under this section. The resolution shall	773
include provisions for contracts with any municipal corporation	774
under which the municipal corporation shall reimburse the county	775
for counsel appointed to represent indigent persons charged with	776
violations of the ordinances of the municipal corporation.	777

(1) In a county that adopts a resolution to pay counsel, an	778
indigent person shall have the right to do either of the	779
following:	780

(a) To select the person's own personal counsel to represent	781
the person in any proceeding included within the provisions of the	782
resolution;	783

(b) To request the court to appoint counsel to represent the	784
person in such a proceeding.	785

(2) The court having jurisdiction over the proceeding in a	786
county that adopts a resolution to pay counsel shall, after	787
determining that the person is indigent and entitled to legal	788
representation under this section, do either of the following:	789

(a) By signed journal entry recorded on its docket, enter the	790
name of the lawyer selected by the indigent person as counsel of	791
record;	792

(b) Appoint counsel for the indigent person if the person has	793
requested the court to appoint counsel and, by signed journal	794
entry recorded on its dockets, enter the name of the lawyer	795
appointed for the indigent person as counsel of record.	796

(3) The board of county commissioners shall establish a	797
schedule of fees by case or on an hourly basis to be paid to	798
counsel for legal services provided pursuant to a resolution	799
adopted under this section. Prior to establishing the schedule,	800
the board of county commissioners shall request the bar	801
association or associations of the county to submit a proposed	802
schedule. The schedule submitted shall be subject to the review,	803
amendment, and approval of the board of county commissioners.	804

(4) Counsel selected by the indigent person or appointed by	805
the court at the request of an indigent person in a county that	806
adopts a resolution to pay counsel, except for counsel appointed	807
to represent a person charged with any violation of an ordinance	808
of a municipal corporation that has not contracted with the county	809
commissioners for the payment of appointed counsel, shall be paid	810
by the county and shall receive the compensation and expenses the	811
court approves. Each request for payment shall be accompanied by a	812
financial disclosure form and an affidavit of indigency that are	813
completed by the indigent person on forms prescribed by the state	814
public defender. Compensation and expenses shall not exceed the	815
amounts fixed by the board of county commissioners in the schedule	816
adopted pursuant to division (A)(3) of this section. No court	817
shall approve compensation and expenses that exceed the amount	818
fixed pursuant to division (A)(3) of this section.	819

The fees and expenses approved by the court shall not be	820
taxed as part of the costs and shall be paid by the county.	821
However, if the person represented has, or may reasonably be	822
expected to have, the means to meet some part of the cost of the	823
services rendered to the person, the person shall pay the county	824
an amount that the person reasonably can be expected to pay.	825
Pursuant to section 120.04 of the Revised Code, the county shall	826
pay to the state public defender a percentage of the payment	827
received from the person in an amount proportionate to the	828
percentage of the costs of the person's case that were paid to the	829
county by the state public defender pursuant to this section. The	830
money paid to the state public defender shall be credited to the	831
client payment fund created pursuant to division (B)(5) of section	832
120.04 of the Revised Code.	833

The county auditor shall draw a warrant on the county	834
treasurer for the payment of counsel in the amount fixed by the	835
court, plus the expenses the court fixes and certifies to the	836
auditor. The county auditor shall report periodically, but not	837
less than annually, to the board of county commissioners and to	838
the state public defender the amounts paid out pursuant to the	839
approval of the court. The board of county commissioners, after	840
review and approval of the auditor's report, or the county	841
auditor, with permission from and notice to the board of county	842
commissioners, may then certify it to the state public defender	843
for reimbursement. The state public defender may pay a requested	844
reimbursement only if the request for reimbursement is accompanied	845
by a financial disclosure form and an affidavit of indigency	846
completed by the indigent person on forms prescribed by the state	847
public defender or if the court certifies by electronic signature	848
as prescribed by the state public defender that a financial	849
disclosure form and affidavit of indigency have been completed by	850
the indigent person and are available for inspection. If a request	851
for the reimbursement of the cost of counsel in any case is not	852
received by the state public defender within ninety days after the	853
end of the calendar month in which the case is finally disposed of	854
by the court, unless the county has requested and the state public	855
defender has granted an extension of the ninety-day limit, the	856
state public defender shall not pay the requested reimbursement.	857
The state public defender shall also review the report and, in	858
accordance with the standards, guidelines, and maximums	859
established pursuant to divisions (B)(7) and (8) of section 120.04	860
of the Revised Code, prepare a voucher for fifty per cent of the	861
total cost of each county appointed counsel system in the period	862
of time covered by the certified report and a voucher for fifty	863
per cent of the costs and expenses that are reimbursable under	864
section 120.35 of the Revised Code, if any, or, if the amount of	865
money appropriated by the general assembly to reimburse counties	866
for the operation of county public defender offices, joint county	867
public defender offices, and county appointed counsel systems is	868
not sufficient to pay fifty per cent of the total cost of all of	869
the offices and systems other than costs and expenses that are	870
reimbursable under section 120.35 of the Revised Code, for the	871
lesser amount required by section 120.34 of the Revised Code.	872

(5) If any county appointed counsel system fails to maintain	873
the standards for the conduct of the system established by the	874
rules of the Ohio public defender commission pursuant to divisions	875
(B) and (C) of section 120.03 or the standards established by the	876
state public defender pursuant to division (B)(7) of section	877
120.04 of the Revised Code, the Ohio public defender commission	878
shall notify the board of county commissioners of the county that	879
the county appointed counsel system has failed to comply with its	880
rules or the standards of the state public defender. Unless the	881
board of county commissioners corrects the conduct of its	882
appointed counsel system to comply with the rules and standards	883
within ninety days after the date of the notice, the state public	884
defender may deny all or part of the county's reimbursement from	885
the state provided for in division (A)(4) of this section.	886

(B) In lieu of using a county public defender or joint county	887
public defender to represent indigent persons in the proceedings	888
set forth in division (A) of section 120.16 of the Revised Code,	889
and in lieu of adopting the resolution and following the procedure	890
described in division (A) of this section, the board of county	891
commissioners of any county may contract with the state public	892
defender for the state public defender's legal representation of	893
indigent persons. A contract entered into pursuant to this	894
division may provide for payment for the services provided on a	895
per case, hourly, or fixed contract basis.	896

(C) If a court appoints an attorney pursuant to this section	897
to represent a petitioner in a postconviction relief proceeding	898
under section 2953.21 of the Revised Code, the petitioner has	899
received a sentence of death, and the proceeding relates to that	900
sentence, the attorney who represents the petitioner in the	901
proceeding pursuant to the appointment shall be certified under	902
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	903
represent indigent defendants charged with or convicted of an	904
offense for which the death penalty can be or has been imposed.	905

Sec. 120.34.  The total amount of money paid to all counties	906
in any fiscal year pursuant to sections 120.18, 120.28, and 120.33	907
of the Revised Code for the reimbursement of a percentage of the	908
counties' cost of operating county public defender offices, joint	909
county public defender offices, and county appointed counsel	910
systems shall not exceed the total amount appropriated for that	911
fiscal year by the general assembly for the reimbursement of the	912
counties for the operation of the offices and systems. If the	913
amount appropriated by the general assembly in any fiscal year is	914
insufficient to pay fifty per cent of the total cost in the fiscal	915
year of all county public defender offices, all joint county	916
public defender offices, and all county appointed counsel systems,	917
the amount of money paid in that fiscal year pursuant to sections	918
120.18, 120.28, and 120.33 of the Revised Code to each county for	919
the fiscal year shall be reduced proportionately so that each	920
county is paid an equal percentage of its total cost in the fiscal	921
year for operating its county public defender system, its joint	922
county public defender system, and its county appointed counsel	923
system.	924

The total amount of money paid to all counties in any fiscal	925
year pursuant to section 120.35 of the Revised Code for the	926
reimbursement of a percentage of the counties' costs and expenses	927
of conducting the defense in capital cases shall not exceed the	928
total amount appropriated for that fiscal year by the general	929
assembly for the reimbursement of the counties for conducting the	930
defense in capital cases. If the amount appropriated by the	931
general assembly in any fiscal year is insufficient to pay fifty	932
per cent of the counties' total costs and expenses of conducting	933
the defense in capital cases in the fiscal year, the amount of	934
money paid in that fiscal year pursuant to section 120.35 of the	935
Revised Code to each county for the fiscal year shall be reduced	936
proportionately so that each county is paid an equal percentage of	937
its costs and expenses of conducting the defense in capital cases	938
in the fiscal year.	939

All payments relating to capital cases that were required to	940
be made under the provisions of this chapter or section 2941.51 of	941
the Revised Code as those provisions existed immediately before	942
the effective date of this amendment shall be made for each	943
calendar or fiscal year, as applicable, in accordance with those	944
provisions as they existed immediately before the effective date	945
of this amendment until each case in which a defendant was	946
sentenced to death before the effective date of this amendment is	947
finally resolved.	948

If any county receives an amount of money pursuant to section	949
120.18, 120.28, or 120.33, or 120.35 of the Revised Code that is	950
in excess of the amount of reimbursement it is entitled to receive	951
pursuant to this section, the state public defender shall request	952
the board of county commissioners to return the excess payment and	953
the board of county commissioners, upon receipt of the request,	954
shall direct the appropriate county officer to return the excess	955
payment to the state.	956

Within thirty days of the end of each fiscal quarter, the	957
state public defender shall provide to the office of budget and	958
management and the legislative budget office of the legislative	959
service commission an estimate of the amount of money that will be	960
required for the balance of the fiscal year to make the payments	961
required by sections 120.18, 120.28, and 120.33, and 120.35 of the	962
Revised Code.	963

Sec. 1901.183.  In addition to jurisdiction otherwise granted	964
in this chapter, the environmental division of a municipal court	965
shall have jurisdiction within its territory in all of the	966
following actions or proceedings and to perform all of the	967
following functions:	968

(A) Notwithstanding any monetary limitations in section	969
1901.17 of the Revised Code, in all actions and proceedings for	970
the sale of real or personal property under lien of a judgment of	971
the environmental division of the municipal court, or a lien for	972
machinery, material, fuel furnished, or labor performed,	973
irrespective of amount, and, in those cases, the environmental	974
division may proceed to foreclose and marshal all liens and all	975
vested or contingent rights, to appoint a receiver, and to render	976
personal judgment irrespective of amount in favor of any party;	977

(B) When in aid of execution of a judgment of the	978
environmental division of the municipal court, in all actions for	979
the foreclosure of a mortgage on real property given to secure the	980
payment of money, or the enforcement of a specific lien for money	981
or other encumbrance or charge on real property, when the real	982
property is situated within the territory, and, in those cases,	983
the environmental division may proceed to foreclose all liens and	984
all vested and contingent rights and proceed to render judgments,	985
and make findings and orders, between the parties, in the same	986
manner and to the same extent as in similar cases in the court of	987
common pleas;	988

(C) When in aid of execution of a judgment of the	989
environmental division of the municipal court, in all actions for	990
the recovery of real property situated within the territory to the	991
same extent as courts of common pleas have jurisdiction;	992

(D) In all actions for injunction to prevent or terminate	993
violations of the ordinances and regulations of any municipal	994
corporation within its territory enacted or promulgated under the	995
police power of that municipal corporation pursuant to Section 3	996
of Article XVIII, Ohio Constitution, over which the court of	997
common pleas has or may have jurisdiction, and, in those cases,	998
the environmental division of the municipal court may proceed to	999
render judgments, and make findings and orders, in the same manner	1000
and to the same extent as in similar cases in the court of common	1001
pleas;	1002

(E) In all actions for injunction to prevent or terminate	1003
violations of the resolutions and regulations of any political	1004
subdivision within its territory enacted or promulgated under the	1005
power of that political subdivision pursuant to Article X of the	1006
Ohio Constitution, over which the court of common pleas has or may	1007
have jurisdiction, and, in those cases, the environmental division	1008
of the municipal court may proceed to render judgments, and make	1009
findings and orders, in the same manner and to the same extent as	1010
in similar cases in the court of common pleas;	1011

(F) In any civil action to enforce any provision of Chapter	1012
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1013
over which the court of common pleas has or may have jurisdiction,	1014
and, in those actions, the environmental division of the municipal	1015
court may proceed to render judgments, and make findings and	1016
orders, in the same manner and to the same extent as in similar	1017
actions in the court of common pleas;	1018

(G) In all actions and proceedings in the nature of	1019
creditors' bills, and in aid of execution to subject the interests	1020
of a judgment debtor in real or personal property to the payment	1021
of a judgment of the division, and, in those actions and	1022
proceedings, the environmental division may proceed to marshal and	1023
foreclose all liens on the property irrespective of the amount of	1024
the lien, and all vested or contingent rights in the property;	1025

(H) Concurrent jurisdiction with the court of common pleas of	1026
all criminal actions or proceedings related to the pollution of	1027
the air, ground, or water within the territory of the	1028
environmental division of the municipal court, for which a	1029
sentence of death cannot be imposed under Chapter 2903. of the	1030
Revised Code;	1031

(I) In any review or appeal of any final order of any	1032
administrative officer, agency, board, department, tribunal,	1033
commission, or other instrumentality that relates to a local	1034
building, housing, air pollution, sanitation, health, fire,	1035
zoning, or safety code, ordinance, or regulation, in the same	1036
manner and to the same extent as in similar appeals in the court	1037
of common pleas;	1038

(J) With respect to the environmental division of the	1039
Franklin county municipal court, to hear appeals from adjudication	1040
hearings conducted under Chapter 956. of the Revised Code.	1041

Sec. 2152.13.  (A) A juvenile court shall impose a serious	1042
youthful dispositional sentence on a child when required under	1043
division (B)(3) of section 2152.121 of the Revised Code. In such a	1044
case, the remaining provisions of this division and divisions (B)	1045
and (C) do not apply to the child, and the court shall impose the	1046
mandatory serious youthful dispositional sentence under division	1047
(D)(1) of this section.	1048

In all other cases, a juvenile court may impose a serious	1049
youthful offender dispositional sentence on a child only if the	1050
prosecuting attorney of the county in which the delinquent act	1051
allegedly occurred initiates the process against the child in	1052
accordance with this division, and the child is an alleged	1053
delinquent child who is eligible for the dispositional sentence.	1054
The prosecuting attorney may initiate the process in any of the	1055
following ways:	1056

(1) Obtaining an indictment of the child as a serious	1057
youthful offender;	1058

(2) The child waives the right to indictment, charging the	1059
child in a bill of information as a serious youthful offender;	1060

(3) Until an indictment or information is obtained,	1061
requesting a serious youthful offender dispositional sentence in	1062
the original complaint alleging that the child is a delinquent	1063
child;	1064

(4) Until an indictment or information is obtained, if the	1065
original complaint does not request a serious youthful offender	1066
dispositional sentence, filing with the juvenile court a written	1067
notice of intent to seek a serious youthful offender dispositional	1068
sentence within twenty days after the later of the following,	1069
unless the time is extended by the juvenile court for good cause	1070
shown:	1071

(a) The date of the child's first juvenile court hearing	1072
regarding the complaint;	1073

(b) The date the juvenile court determines not to transfer	1074
the case under section 2152.12 of the Revised Code.	1075

After a written notice is filed under division (A)(4) of this	1076
section, the juvenile court shall serve a copy of the notice on	1077
the child and advise the child of the prosecuting attorney's	1078
intent to seek a serious youthful offender dispositional sentence	1079
in the case.	1080

(B) If an alleged delinquent child is not indicted or charged	1081
by information as described in division (A)(1) or (2) of this	1082
section and if a notice or complaint as described in division	1083
(A)(3) or (4) of this section indicates that the prosecuting	1084
attorney intends to pursue a serious youthful offender	1085
dispositional sentence in the case, the juvenile court shall hold	1086
a preliminary hearing to determine if there is probable cause that	1087
the child committed the act charged and is by age eligible for, or	1088
required to receive, a serious youthful offender dispositional	1089
sentence.	1090

(C)(1) A child for whom a serious youthful offender	1091
dispositional sentence is sought by a prosecuting attorney has the	1092
right to a grand jury determination of probable cause that the	1093
child committed the act charged and that the child is eligible by	1094
age for a serious youthful offender dispositional sentence. The	1095
grand jury may be impaneled by the court of common pleas or the	1096
juvenile court.	1097

Once a child is indicted, or charged by information or the	1098
juvenile court determines that the child is eligible for a serious	1099
youthful offender dispositional sentence, the child is entitled to	1100
an open and speedy trial by jury in juvenile court and to be	1101
provided with a transcript of the proceedings. The time within	1102
which the trial is to be held under Title XXIX of the Revised Code	1103
commences on whichever of the following dates is applicable:	1104

(a) If the child is indicted or charged by information, on	1105
the date of the filing of the indictment or information.	1106

(b) If the child is charged by an original complaint that	1107
requests a serious youthful offender dispositional sentence, on	1108
the date of the filing of the complaint.	1109

(c) If the child is not charged by an original complaint that	1110
requests a serious youthful offender dispositional sentence, on	1111
the date that the prosecuting attorney files the written notice of	1112
intent to seek a serious youthful offender dispositional sentence.	1113

(2) If the child is detained awaiting adjudication, upon	1114
indictment or being charged by information, the child has the same	1115
right to bail as an adult charged with the offense the alleged	1116
delinquent act would be if committed by an adult. Except as	1117
provided in division (D) of section 2152.14 of the Revised Code,	1118
all provisions of Title XXIX of the Revised Code and the Criminal	1119
Rules shall apply in the case and to the child. The juvenile court	1120
shall afford the child all rights afforded a person who is	1121
prosecuted for committing a crime including the right to counsel	1122
and the right to raise the issue of competency. The child may not	1123
waive the right to counsel.	1124

(D)(1) If a child is adjudicated a delinquent child for	1125
committing an act under circumstances that require the juvenile	1126
court to impose upon the child a serious youthful offender	1127
dispositional sentence under section 2152.11 of the Revised Code,	1128
all of the following apply:	1129

(a) The juvenile court shall impose upon the child a sentence	1130
available for the violation, as if the child were an adult, under	1131
Chapter 2929. of the Revised Code, except that the juvenile court	1132
shall not impose on the child a sentence of death or life	1133
imprisonment without parole.	1134

(b) The juvenile court also shall impose upon the child one	1135
or more traditional juvenile dispositions under sections 2152.16,	1136
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	1137
Revised Code.	1138

(c) The juvenile court shall stay the adult portion of the	1139
serious youthful offender dispositional sentence pending the	1140
successful completion of the traditional juvenile dispositions	1141
imposed.	1142

(2)(a) If a child is adjudicated a delinquent child for	1143
committing an act under circumstances that allow, but do not	1144
require, the juvenile court to impose on the child a serious	1145
youthful offender dispositional sentence under section 2152.11 of	1146
the Revised Code, all of the following apply:	1147

(i) If the juvenile court on the record makes a finding that,	1148
given the nature and circumstances of the violation and the	1149
history of the child, the length of time, level of security, and	1150
types of programming and resources available in the juvenile	1151
system alone are not adequate to provide the juvenile court with a	1152
reasonable expectation that the purposes set forth in section	1153
2152.01 of the Revised Code will be met, the juvenile court may	1154
impose upon the child a sentence available for the violation, as	1155
if the child were an adult, under Chapter 2929. of the Revised	1156
Code, except that the juvenile court shall not impose on the child	1157
a sentence of death or life imprisonment without parole.	1158

(ii) If a sentence is imposed under division (D)(2)(a)(i) of	1159
this section, the juvenile court also shall impose upon the child	1160
one or more traditional juvenile dispositions under sections	1161
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	1162
of the Revised Code.	1163

(iii) The juvenile court shall stay the adult portion of the	1164
serious youthful offender dispositional sentence pending the	1165
successful completion of the traditional juvenile dispositions	1166
imposed.	1167

(b) If the juvenile court does not find that a sentence	1168
should be imposed under division (D)(2)(a)(i) of this section, the	1169
juvenile court may impose one or more traditional juvenile	1170
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	1171
applicable, section 2152.17 of the Revised Code.	1172

(3) A child upon whom a serious youthful offender	1173
dispositional sentence is imposed under division (D)(1) or (2) of	1174
this section has a right to appeal under division (A)(1), (3),	1175
(4), or (5) of section 2953.08 of the Revised Code the adult	1176
portion of the serious youthful offender dispositional sentence	1177
when any of those divisions apply. The child may appeal the adult	1178
portion, and the court shall consider the appeal as if the adult	1179
portion were not stayed.	1180

Sec.  2152.67.  Any adult who is arrested or charged under any	1181
provision in this chapter and who is charged with a crime may	1182
demand a trial by jury, or the juvenile judge upon the judge's own	1183
motion may call a jury. A demand for a jury trial shall be made in	1184
writing in not less than three days before the date set for trial,	1185
or within three days after counsel has been retained, whichever is	1186
later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised	1187
Code, relating to the drawing and impaneling of jurors in criminal	1188
cases in the court of common pleas, other than in capital cases,	1189
shall apply to a jury trial under this section. The compensation	1190
of jurors and costs of the clerk and sheriff shall be taxed and	1191
paid in the same manner as in criminal cases in the court of	1192
common pleas.	1193

Sec. 2301.20.  All civil and criminal actions in the court of	1194
common pleas shall be recorded. The reporter shall take accurate	1195
notes of or electronically record the oral testimony. The notes	1196
and electronic records shall be filed in the office of the	1197
official reporter and carefully preserved for either of the	1198
following periods of time:	1199

(A) If the action is not a capital case, the notes and	1200
electronic records shall be preserved for the period of time	1201
specified by the court of common pleas, which period of time shall	1202
not be longer than the period of time that the other records of	1203
the particular action are required to be kept.	1204

(B) If the action is a capital case, the notes and electronic	1205
records shall be preserved for the longer of ten years or until	1206
the final disposition of the action and exhaustion of all appeals.	1207

Sec. 2307.60. (A)(1) Anyone injured in person or property by	1208
a criminal act has, and may recover full damages in, a civil	1209
action unless specifically excepted by law, may recover the costs	1210
of maintaining the civil action and attorney's fees if authorized	1211
by any provision of the Rules of Civil Procedure or another	1212
section of the Revised Code or under the common law of this state,	1213
and may recover punitive or exemplary damages if authorized by	1214
section 2315.21 or another section of the Revised Code.	1215

(2) A final judgment of a trial court that has not been	1216
reversed on appeal or otherwise set aside, nullified, or vacated,	1217
entered after a trial or upon a plea of guilty, but not upon a	1218
plea of no contest or the equivalent plea from another	1219
jurisdiction, that adjudges an offender guilty of an offense of	1220
violence punishable by death or imprisonment in excess of one	1221
year, when entered as evidence in any subsequent civil proceeding	1222
based on the criminal act, shall preclude the offender from	1223
denying in the subsequent civil proceeding any fact essential to	1224
sustaining that judgment, unless the offender can demonstrate that	1225
extraordinary circumstances prevented the offender from having a	1226
full and fair opportunity to litigate the issue in the criminal	1227
proceeding or other extraordinary circumstances justify affording	1228
the offender an opportunity to relitigate the issue. The offender	1229
may introduce evidence of the offender's pending appeal of the	1230
final judgment of the trial court, if applicable, and the court	1231
may consider that evidence in determining the liability of the	1232
offender.	1233

(B)(1) As used in division (B) of this section:

1234

(a) "Tort action" means a civil action for damages for	1235
injury, death, or loss to person or property other than a civil	1236
action for damages for a breach of contract or another agreement	1237
between persons. "Tort action" includes, but is not limited to, a	1238
product liability claim, as defined in section 2307.71 of the	1239
Revised Code, and an asbestos claim, as defined in section 2307.91	1240
of the Revised Code, an action for wrongful death under Chapter	1241
2125. of the Revised Code, and an action based on derivative	1242
claims for relief.	1243

(b) "Residence" has the same meaning as in section 2901.05 of	1244
the Revised Code.	1245

(2) Recovery on a claim for relief in a tort action is barred	1246
to any person or the person's legal representative if any of the	1247
following apply:	1248

(a) The person has been convicted of or has pleaded guilty to	1249
a felony, or to a misdemeanor that is an offense of violence,	1250
arising out of criminal conduct that was a proximate cause of the	1251
injury or loss for which relief is claimed in the tort action.	1252

(b) The person engaged in conduct that, if prosecuted, would	1253
constitute a felony, a misdemeanor that is an offense of violence,	1254
an attempt to commit a felony, or an attempt to commit a	1255
misdemeanor that is an offense of violence and that conduct was a	1256
proximate cause of the injury or loss for which relief is claimed	1257
in the tort action, regardless of whether the person has been	1258
convicted of or pleaded guilty to or has been charged with	1259
committing the felony, the misdemeanor, or the attempt to commit	1260
the felony or misdemeanor.	1261

(c) The person suffered the injury or loss for which relief	1262
is claimed in the tort action as a proximate result of the victim	1263
of conduct that, if prosecuted, would constitute a felony, a	1264
misdemeanor that is an offense of violence, an attempt to commit a	1265
felony, or an attempt to commit a misdemeanor that is an offense	1266
of violence acting against the person in self-defense, defense of	1267
another, or defense of the victim's residence, regardless of	1268
whether the person has been convicted of or pleaded guilty to or	1269
has been charged with committing the felony, the misdemeanor, or	1270
the attempt to commit the felony or misdemeanor. Division	1271
(B)(2)(c) of this section does not apply if the person who	1272
suffered the injury or loss, at the time of the victim's act of	1273
self-defense, defense of another, or defense of residence, was an	1274
innocent bystander who had no connection with the underlying	1275
conduct that prompted the victim's exercise of self-defense,	1276
defense of another, or defense of residence.	1277

(3) Recovery against a victim of conduct that, if prosecuted,	1278
would constitute a felony, a misdemeanor that is an offense of	1279
violence, an attempt to commit a felony, or an attempt to commit a	1280
misdemeanor that is an offense of violence, on a claim for relief	1281
in a tort action is barred to any person or the person's legal	1282
representative if conduct the person engaged in against that	1283
victim was a proximate cause of the injury or loss for which	1284
relief is claimed in the tort action and that conduct, if	1285
prosecuted, would constitute a felony, a misdemeanor that is an	1286
offense of violence, an attempt to commit a felony, or an attempt	1287
to commit a misdemeanor that is an offense of violence, regardless	1288
of whether the person has been convicted of or pleaded guilty to	1289
or has been charged with committing the felony, the misdemeanor,	1290
or the attempt to commit the felony or misdemeanor.	1291

(4) Divisions (B)(1) to (3) of this section do not apply to	1292
civil claims based upon alleged intentionally tortious conduct,	1293
alleged violations of the United States Constitution, or alleged	1294
violations of statutes of the United States pertaining to civil	1295
rights. For purposes of division (B)(4) of this section, a	1296
person's act of self-defense, defense of another, or defense of	1297
the person's residence does not constitute intentionally tortious	1298
conduct.	1299

Sec. 2701.07.  When, in the opinion of the court, the	1300
business thereof so requires, each court of common pleas, court of	1301
appeals, and, in counties having at the last or any future federal	1302
census more than seventy thousand inhabitants, the probate court,	1303
may appoint one or more constables to preserve order, attend the	1304
assignment of cases in counties where more than two judges of the	1305
court of common pleas regularly hold court at the same time, and	1306
discharge such other duties as the court requires. When so	1307
directed by the court, each constable has the same powers as	1308
sheriffs to call and impanel jurors, except in capital cases.	1309

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	1310
Revised Code:	1311

(A) "Claimant" means both of the following categories of	1312
persons:	1313

(1) Any of the following persons who claim an award of	1314
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1315

(a) A victim who was one of the following at the time of the	1316
criminally injurious conduct:	1317

(i) A resident of the United States;

1318

(ii) A resident of a foreign country the laws of which permit	1319
residents of this state to recover compensation as victims of	1320
offenses committed in that country.	1321

(b) A dependent of a deceased victim who is described in	1322
division (A)(1)(a) of this section;	1323

(c) A third person, other than a collateral source, who	1324
legally assumes or voluntarily pays the obligations of a victim,	1325
or of a dependent of a victim, who is described in division	1326
(A)(1)(a) of this section, which obligations are incurred as a	1327
result of the criminally injurious conduct that is the subject of	1328
the claim and may include, but are not limited to, medical or	1329
burial expenses;	1330

(d) A person who is authorized to act on behalf of any person	1331
who is described in division (A)(1)(a), (b), or (c) of this	1332
section;	1333

(e) The estate of a deceased victim who is described in	1334
division (A)(1)(a) of this section.	1335

(2) Any of the following persons who claim an award of	1336
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1337

(a) A victim who had a permanent place of residence within	1338
this state at the time of the criminally injurious conduct and	1339
who, at the time of the criminally injurious conduct, complied	1340
with any one of the following:	1341

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

1342

(ii) Was a member of the regular armed forces of the United	1343
States or of the United States coast guard or was a full-time	1344
member of the Ohio organized militia or of the United States army	1345
reserve, naval reserve, or air force reserve;	1346

(iii) Was retired and receiving social security or any other	1347
retirement income;	1348

(iv) Was sixty years of age or older;

1349

(v) Was temporarily in another state for the purpose of	1350
receiving medical treatment;	1351

(vi) Was temporarily in another state for the purpose of	1352
performing employment-related duties required by an employer	1353
located within this state as an express condition of employment or	1354
employee benefits;	1355

(vii) Was temporarily in another state for the purpose of	1356
receiving occupational, vocational, or other job-related training	1357
or instruction required by an employer located within this state	1358
as an express condition of employment or employee benefits;	1359

(viii) Was a full-time student at an academic institution,	1360
college, or university located in another state;	1361

(ix) Had not departed the geographical boundaries of this	1362
state for a period exceeding thirty days or with the intention of	1363
becoming a citizen of another state or establishing a permanent	1364
place of residence in another state.	1365

(b) A dependent of a deceased victim who is described in	1366
division (A)(2)(a) of this section;	1367

(c) A third person, other than a collateral source, who	1368
legally assumes or voluntarily pays the obligations of a victim,	1369
or of a dependent of a victim, who is described in division	1370
(A)(2)(a) of this section, which obligations are incurred as a	1371
result of the criminally injurious conduct that is the subject of	1372
the claim and may include, but are not limited to, medical or	1373
burial expenses;	1374

(d) A person who is authorized to act on behalf of any person	1375
who is described in division (A)(2)(a), (b), or (c) of this	1376
section;	1377

(e) The estate of a deceased victim who is described in	1378
division (A)(2)(a) of this section.	1379

(B) "Collateral source" means a source of benefits or	1380
advantages for economic loss otherwise reparable that the victim	1381
or claimant has received, or that is readily available to the	1382
victim or claimant, from any of the following sources:	1383

(1) The offender;

1384

(2) The government of the United States or any of its	1385
agencies, a state or any of its political subdivisions, or an	1386
instrumentality of two or more states, unless the law providing	1387
for the benefits or advantages makes them excess or secondary to	1388
benefits under sections 2743.51 to 2743.72 of the Revised Code;	1389

(3) Social security, medicare, and medicaid;

1390

(4) State-required, temporary, nonoccupational disability	1391
insurance;	1392

(5) Workers' compensation;

1393

(6) Wage continuation programs of any employer;

1394

(7) Proceeds of a contract of insurance payable to the victim	1395
for loss that the victim sustained because of the criminally	1396
injurious conduct;	1397

(8) A contract providing prepaid hospital and other health	1398
care services, or benefits for disability;	1399

(9) That portion of the proceeds of all contracts of	1400
insurance payable to the claimant on account of the death of the	1401
victim that exceeds fifty thousand dollars;	1402

(10) Any compensation recovered or recoverable under the laws	1403
of another state, district, territory, or foreign country because	1404
the victim was the victim of an offense committed in that state,	1405
district, territory, or country.	1406

"Collateral source" does not include any money, or the	1407
monetary value of any property, that is subject to sections	1408
2969.01 to 2969.06 of the Revised Code or that is received as a	1409
benefit from the Ohio public safety officers death benefit fund	1410
created by section 742.62 of the Revised Code.	1411

(C) "Criminally injurious conduct" means one of the	1412
following:	1413

(1) For the purposes of any person described in division	1414
(A)(1) of this section, any conduct that occurs or is attempted in	1415
this state; poses a substantial threat of personal injury or	1416
death; and is punishable by fine,or imprisonment, or death, or	1417
would be so punishable but for the fact that the person engaging	1418
in the conduct lacked capacity to commit the crime under the laws	1419
of this state. Criminally injurious conduct does not include	1420
conduct arising out of the ownership, maintenance, or use of a	1421
motor vehicle, except when any of the following applies:	1422

(a) The person engaging in the conduct intended to cause	1423
personal injury or death;	1424

(b) The person engaging in the conduct was using the vehicle	1425
to flee immediately after committing a felony or an act that would	1426
constitute a felony but for the fact that the person engaging in	1427
the conduct lacked the capacity to commit the felony under the	1428
laws of this state;	1429

(c) The person engaging in the conduct was using the vehicle	1430
in a manner that constitutes an OVI violation;	1431

(d) The conduct occurred on or after July 25, 1990, and the	1432
person engaging in the conduct was using the vehicle in a manner	1433
that constitutes a violation of section 2903.08 of the Revised	1434
Code;	1435

(e) The person engaging in the conduct acted in a manner that	1436
caused serious physical harm to a person and that constituted a	1437
violation of section 4549.02 or 4549.021 of the Revised Code.	1438

(2) For the purposes of any person described in division	1439
(A)(2) of this section, any conduct that occurs or is attempted in	1440
another state, district, territory, or foreign country; poses a	1441
substantial threat of personal injury or death; and is punishable	1442
by fine,or imprisonment, or death, or would be so punishable but	1443
for the fact that the person engaging in the conduct lacked	1444
capacity to commit the crime under the laws of the state,	1445
district, territory, or foreign country in which the conduct	1446
occurred or was attempted. Criminally injurious conduct does not	1447
include conduct arising out of the ownership, maintenance, or use	1448
of a motor vehicle, except when any of the following applies:	1449

(a) The person engaging in the conduct intended to cause	1450
personal injury or death;	1451

(b) The person engaging in the conduct was using the vehicle	1452
to flee immediately after committing a felony or an act that would	1453
constitute a felony but for the fact that the person engaging in	1454
the conduct lacked the capacity to commit the felony under the	1455
laws of the state, district, territory, or foreign country in	1456
which the conduct occurred or was attempted;	1457

(c) The person engaging in the conduct was using the vehicle	1458
in a manner that constitutes an OVI violation;	1459

(d) The conduct occurred on or after July 25, 1990, the	1460
person engaging in the conduct was using the vehicle in a manner	1461
that constitutes a violation of any law of the state, district,	1462
territory, or foreign country in which the conduct occurred, and	1463
that law is substantially similar to a violation of section	1464
2903.08 of the Revised Code;	1465

(e) The person engaging in the conduct acted in a manner that	1466
caused serious physical harm to a person and that constituted a	1467
violation of any law of the state, district, territory, or foreign	1468
country in which the conduct occurred, and that law is	1469
substantially similar to section 4549.02 or 4549.021 of the	1470
Revised Code.	1471

(3) For the purposes of any person described in division	1472
(A)(1) or (2) of this section, terrorism that occurs within or	1473
outside the territorial jurisdiction of the United States.	1474

(D) "Dependent" means an individual wholly or partially	1475
dependent upon the victim for care and support, and includes a	1476
child of the victim born after the victim's death.	1477

(E) "Economic loss" means economic detriment consisting only	1478
of allowable expense, work loss, funeral expense, unemployment	1479
benefits loss, replacement services loss, cost of crime scene	1480
cleanup, and cost of evidence replacement. If criminally injurious	1481
conduct causes death, economic loss includes a dependent's	1482
economic loss and a dependent's replacement services loss.	1483
Noneconomic detriment is not economic loss; however, economic loss	1484
may be caused by pain and suffering or physical impairment.	1485

(F)(1) "Allowable expense" means reasonable charges incurred	1486
for reasonably needed products, services, and accommodations,	1487
including those for medical care, rehabilitation, rehabilitative	1488
occupational training, and other remedial treatment and care and	1489
including replacement costs for hearing aids; dentures, retainers,	1490
and other dental appliances; canes, walkers, and other mobility	1491
tools; and eyeglasses and other corrective lenses. It does not	1492
include that portion of a charge for a room in a hospital, clinic,	1493
convalescent home, nursing home, or any other institution engaged	1494
in providing nursing care and related services in excess of a	1495
reasonable and customary charge for semiprivate accommodations,	1496
unless accommodations other than semiprivate accommodations are	1497
medically required.	1498

(2) An immediate family member of a victim of criminally	1499
injurious conduct that consists of a homicide, a sexual assault,	1500
domestic violence, or a severe and permanent incapacitating injury	1501
resulting in paraplegia or a similar life-altering condition, who	1502
requires psychiatric care or counseling as a result of the	1503
criminally injurious conduct, may be reimbursed for that care or	1504
counseling as an allowable expense through the victim's	1505
application. The cumulative allowable expense for care or	1506
counseling of that nature shall not exceed two thousand five	1507
hundred dollars for each immediate family member of a victim of	1508
that type and seven thousand five hundred dollars in the aggregate	1509
for all immediate family members of a victim of that type.	1510

(3) A family member of a victim who died as a proximate	1511
result of criminally injurious conduct may be reimbursed as an	1512
allowable expense through the victim's application for wages lost	1513
and travel expenses incurred in order to attend criminal justice	1514
proceedings arising from the criminally injurious conduct. The	1515
cumulative allowable expense for wages lost and travel expenses	1516
incurred by a family member to attend criminal justice proceedings	1517
shall not exceed five hundred dollars for each family member of	1518
the victim and two thousand dollars in the aggregate for all	1519
family members of the victim.	1520

(4)(a) "Allowable expense" includes reasonable expenses and	1521
fees necessary to obtain a guardian's bond pursuant to section	1522
2109.04 of the Revised Code when the bond is required to pay an	1523
award to a fiduciary on behalf of a minor or other incompetent.	1524

(b) "Allowable expense" includes attorney's fees not	1525
exceeding one thousand dollars, at a rate not exceeding one	1526
hundred dollars per hour, incurred to successfully obtain a	1527
restraining order, custody order, or other order to physically	1528
separate a victim from an offender. Attorney's fees for the	1529
services described in this division may include an amount for	1530
reasonable travel time incurred to attend court hearings, not	1531
exceeding three hours' round-trip for each court hearing, assessed	1532
at a rate not exceeding thirty dollars per hour.	1533

(G) "Work loss" means loss of income from work that the	1534
injured person would have performed if the person had not been	1535
injured and expenses reasonably incurred by the person to obtain	1536
services in lieu of those the person would have performed for	1537
income, reduced by any income from substitute work actually	1538
performed by the person, or by income the person would have earned	1539
in available appropriate substitute work that the person was	1540
capable of performing but unreasonably failed to undertake.	1541

(H) "Replacement services loss" means expenses reasonably	1542
incurred in obtaining ordinary and necessary services in lieu of	1543
those the injured person would have performed, not for income, but	1544
for the benefit of the person's self or family, if the person had	1545
not been injured.	1546

(I) "Dependent's economic loss" means loss after a victim's	1547
death of contributions of things of economic value to the victim's	1548
dependents, not including services they would have received from	1549
the victim if the victim had not suffered the fatal injury, less	1550
expenses of the dependents avoided by reason of the victim's	1551
death. If a minor child of a victim is adopted after the victim's	1552
death, the minor child continues after the adoption to incur a	1553
dependent's economic loss as a result of the victim's death. If	1554
the surviving spouse of a victim remarries, the surviving spouse	1555
continues after the remarriage to incur a dependent's economic	1556
loss as a result of the victim's death.	1557

(J) "Dependent's replacement services loss" means loss	1558
reasonably incurred by dependents after a victim's death in	1559
obtaining ordinary and necessary services in lieu of those the	1560
victim would have performed for their benefit if the victim had	1561
not suffered the fatal injury, less expenses of the dependents	1562
avoided by reason of the victim's death and not subtracted in	1563
calculating the dependent's economic loss. If a minor child of a	1564
victim is adopted after the victim's death, the minor child	1565
continues after the adoption to incur a dependent's replacement	1566
services loss as a result of the victim's death. If the surviving	1567
spouse of a victim remarries, the surviving spouse continues after	1568
the remarriage to incur a dependent's replacement services loss as	1569
a result of the victim's death.	1570

(K) "Noneconomic detriment" means pain, suffering,	1571
inconvenience, physical impairment, or other nonpecuniary damage.	1572

(L) "Victim" means a person who suffers personal injury or	1573
death as a result of any of the following:	1574

(1) Criminally injurious conduct;

1575

(2) The good faith effort of any person to prevent criminally	1576
injurious conduct;	1577

(3) The good faith effort of any person to apprehend a person	1578
suspected of engaging in criminally injurious conduct.	1579

(M) "Contributory misconduct" means any conduct of the	1580
claimant or of the victim through whom the claimant claims an	1581
award of reparations that is unlawful or intentionally tortious	1582
and that, without regard to the conduct's proximity in time or	1583
space to the criminally injurious conduct, has a causal	1584
relationship to the criminally injurious conduct that is the basis	1585
of the claim.	1586

(N)(1) "Funeral expense" means any reasonable charges that	1587
are not in excess of seven thousand five hundred dollars per	1588
funeral and that are incurred for expenses directly related to a	1589
victim's funeral, cremation, or burial and any wages lost or	1590
travel expenses incurred by a family member of a victim in order	1591
to attend the victim's funeral, cremation, or burial.	1592

(2) An award for funeral expenses shall be applied first to	1593
expenses directly related to the victim's funeral, cremation, or	1594
burial. An award for wages lost or travel expenses incurred by a	1595
family member of the victim shall not exceed five hundred dollars	1596
for each family member and shall not exceed in the aggregate the	1597
difference between seven thousand five hundred dollars and	1598
expenses that are reimbursed by the program and that are directly	1599
related to the victim's funeral, cremation, or burial.	1600

(O) "Unemployment benefits loss" means a loss of unemployment	1601
benefits pursuant to Chapter 4141. of the Revised Code when the	1602
loss arises solely from the inability of a victim to meet the able	1603
to work, available for suitable work, or the actively seeking	1604
suitable work requirements of division (A)(4)(a) of section	1605
4141.29 of the Revised Code.	1606

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

1607

(1) A violation of section 4511.19 of the Revised Code, of	1608
any municipal ordinance prohibiting the operation of a vehicle	1609
while under the influence of alcohol, a drug of abuse, or a	1610
combination of them, or of any municipal ordinance prohibiting the	1611
operation of a vehicle with a prohibited concentration of alcohol,	1612
a controlled substance, or a metabolite of a controlled substance	1613
in the whole blood, blood serum or plasma, breath, or urine;	1614

(2) A violation of division (A)(1) of section 2903.06 of the	1615
Revised Code;	1616

(3) A violation of division (A)(2), (3), or (4) of section	1617
2903.06 of the Revised Code or of a municipal ordinance	1618
substantially similar to any of those divisions, if the offender	1619
was under the influence of alcohol, a drug of abuse, or a	1620
combination of them, at the time of the commission of the offense;	1621

(4) For purposes of any person described in division (A)(2)	1622
of this section, a violation of any law of the state, district,	1623
territory, or foreign country in which the criminally injurious	1624
conduct occurred, if that law is substantially similar to a	1625
violation described in division (P)(1) or (2) of this section or	1626
if that law is substantially similar to a violation described in	1627
division (P)(3) of this section and the offender was under the	1628
influence of alcohol, a drug of abuse, or a combination of them,	1629
at the time of the commission of the offense.	1630

(Q) "Pendency of the claim" for an original reparations	1631
application or supplemental reparations application means the	1632
period of time from the date the criminally injurious conduct upon	1633
which the application is based occurred until the date a final	1634
decision, order, or judgment concerning that original reparations	1635
application or supplemental reparations application is issued.	1636

(R) "Terrorism" means any activity to which all of the	1637
following apply:	1638

(1) The activity involves a violent act or an act that is	1639
dangerous to human life.	1640

(2) The act described in division (R)(1) of this section is	1641
committed within the territorial jurisdiction of the United States	1642
and is a violation of the criminal laws of the United States, this	1643
state, or any other state or the act described in division (R)(1)	1644
of this section is committed outside the territorial jurisdiction	1645
of the United States and would be a violation of the criminal laws	1646
of the United States, this state, or any other state if committed	1647
within the territorial jurisdiction of the United States.	1648

(3) The activity appears to be intended to do any of the	1649
following:	1650

(a) Intimidate or coerce a civilian population;

1651

(b) Influence the policy of any government by intimidation or	1652
coercion;	1653

(c) Affect the conduct of any government by assassination or	1654
kidnapping.	1655

(4) The activity occurs primarily outside the territorial	1656
jurisdiction of the United States or transcends the national	1657
boundaries of the United States in terms of the means by which the	1658
activity is accomplished, the person or persons that the activity	1659
appears intended to intimidate or coerce, or the area or locale in	1660
which the perpetrator or perpetrators of the activity operate or	1661
seek asylum.	1662

(S) "Transcends the national boundaries of the United States"	1663
means occurring outside the territorial jurisdiction of the United	1664
States in addition to occurring within the territorial	1665
jurisdiction of the United States.	1666

(T) "Cost of crime scene cleanup" means any of the following:

1667

(1) The replacement cost for items of clothing removed from a	1668
victim in order to make an assessment of possible physical harm or	1669
to treat physical harm;	1670

(2) Reasonable and necessary costs of cleaning the scene and	1671
repairing, for the purpose of personal security, property damaged	1672
at the scene where the criminally injurious conduct occurred, not	1673
to exceed seven hundred fifty dollars in the aggregate per claim.	1674

(U) "Cost of evidence replacement" means costs for	1675
replacement of property confiscated for evidentiary purposes	1676
related to the criminally injurious conduct, not to exceed seven	1677
hundred fifty dollars in the aggregate per claim.	1678

(V) "Provider" means any person who provides a victim or	1679
claimant with a product, service, or accommodations that are an	1680
allowable expense or a funeral expense.	1681

(W) "Immediate family member" means an individual who resided	1682
in the same permanent household as a victim at the time of the	1683
criminally injurious conduct and who is related to the victim by	1684
affinity or consanguinity.	1685

(X) "Family member" means an individual who is related to a	1686
victim by affinity or consanguinity.	1687

Sec. 2901.02.  As used in the Revised Code:

1688

(A) Offenses include aggravated murder, murder, felonies of	1689
the first, second, third, fourth, and fifth degree, misdemeanors	1690
of the first, second, third, and fourth degree, minor	1691
misdemeanors, and offenses not specifically classified.	1692

(B) Aggravated murder when the indictment or the count in the	1693
indictment charging aggravated murder contains one or more	1694
specifications of aggravating circumstances listed in division (A)	1695
of section 2929.04 of Revised Code, and any other offense for	1696
which death may be imposed as a penalty, is a capital offense.	1697

(C) Aggravated murder and murder are felonies.

1698

(D)(C) Regardless of the penalty that may be imposed, any	1699
offense specifically classified as a felony is a felony, and any	1700
offense specifically classified as a misdemeanor is a misdemeanor.	1701

(E)(D) Any offense not specifically classified is a felony if	1702
imprisonment for more than one year may be imposed as a penalty.	1703

(F)(E) Any offense not specifically classified is a	1704
misdemeanor if imprisonment for not more than one year may be	1705
imposed as a penalty.	1706

(G)(F) Any offense not specifically classified is a minor	1707
misdemeanor if the only penalty that may be imposed is one of the	1708
following:	1709

(1) For an offense committed prior to January 1, 2004, a fine	1710
not exceeding one hundred dollars;	1711

(2) For an offense committed on or after January 1, 2004, a	1712
fine not exceeding one hundred fifty dollars, community service	1713
under division (D) of section 2929.27 of the Revised Code, or a	1714
financial sanction other than a fine under section 2929.28 of the	1715
Revised Code.	1716

Sec. 2909.24. (A) No person shall commit a specified offense	1717
with purpose to do any of the following:	1718

(1) Intimidate or coerce a civilian population;

1719

(2) Influence the policy of any government by intimidation or	1720
coercion;	1721

(3) Affect the conduct of any government by the specified	1722
offense.	1723

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

1724

(2) Except as otherwise provided in divisions (B)(3) and (4)	1725
of this section, terrorism is an offense one degree higher than	1726
the most serious underlying specified offense the defendant	1727
committed.	1728

(3) If the most serious underlying specified offense the	1729
defendant committed is a felony of the first degree or murder, the	1730
person shall be sentenced to life imprisonment without parole.	1731

(4) If the most serious underlying specified offense the	1732
defendant committed is aggravated murder, the offender shall be	1733
sentenced to life imprisonment without parole or death pursuant to	1734
sections 2929.02 to 2929.06 of the Revised Code.	1735

(5) Section 2909.25 of the Revised Code applies regarding an	1736
offender who is convicted of or pleads guilty to a violation of	1737
this section.	1738

Sec. 2929.02.  (A) WhoeverExcept as otherwise provided in	1739
division (C) of this section, whoever is convicted of or pleads	1740
guilty to aggravated murder in violation of section 2903.01 of the	1741
Revised Code shall suffer death or be imprisoned for life, as	1742
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	1743
the Revised Code, except that no person who raises the matter of	1744
age pursuant to section 2929.023 of the Revised Code and who is	1745
not found to have been eighteen years of age or older at the time	1746
of the commission of the offense shall suffer death. In addition,	1747
the offender may be fined an amount fixed by the court, but not	1748
more than twenty-five thousand dollarssentenced to life	1749
imprisonment with parole eligibility after serving twenty full	1750
years of imprisonment, life imprisonment with parole eligibility	1751
after serving thirty full years of imprisonment, or life	1752
imprisonment without parole.	1753

(B)(1) Except as otherwise provided in division (B)(2) or	1754
(3)(C) of this section, whoever is convicted of or pleads guilty	1755
to murder in violation of section 2903.02 of the Revised Code	1756
shall be imprisoned for an indefinite term of fifteen years to	1757
life.	1758

(2)(C)(1) Except as otherwise provided in division	1759
(B)(3)(C)(2) of this section, if a person is convicted of or	1760
pleads guilty to aggravated murder in violation of section 2903.01	1761
of the Revised Code or to murder in violation of section 2903.02	1762
of the Revised Code, the victim of the offense was less than	1763
thirteen years of age, and the offender also is convicted of or	1764
pleads guilty to a sexual motivation specification that was	1765
included in the indictment, count in the indictment, or	1766
information charging the offense, the court shall impose an	1767
indefinite prison term of thirty years to life pursuant to	1768
division (B)(3) of section 2971.03 of the Revised Code.	1769

(3)(2) If a person is convicted of or pleads guilty to	1770
aggravated murder in violation of section 2903.01 of the Revised	1771
Code or to murder in violation of section 2903.02 of the Revised	1772
Code and also is convicted of or pleads guilty to a sexual	1773
motivation specification and a sexually violent predator	1774
specification that were included in the indictment, count in the	1775
indictment, or information that charged the murder, the court	1776
shall impose upon the offender a term of life imprisonment without	1777
parole that shall be served pursuant to section 2971.03 of the	1778
Revised Code.	1779

(4)(D) In addition to the prison term imposed under this	1780
section, the offender may be fined an amount fixed by the court,	1781
but not more than twenty-five thousand dollars for aggravated	1782
murder or fifteen thousand dollars for murder.	1783

(C)(E) The court shall not impose a fine or fines for	1784
aggravated murder or murder whichthat, in the aggregate and to	1785
the extent not suspended by the court, exceeds the amount which	1786
that the offender is or will be able to pay by the method and	1787
within the time allowed without undue hardship to the offender or	1788
to the dependents of the offender, or will prevent the offender	1789
from making reparation for the victim's wrongful death.	1790

(D)(F)(1) In addition to any other sanctions imposed for a	1791
violation of section 2903.01 or 2903.02 of the Revised Code, if	1792
the offender used a motor vehicle as the means to commit the	1793
violation, the court shall impose upon the offender a class two	1794
suspension of the offender's driver's license, commercial driver's	1795
license, temporary instruction permit, probationary license, or	1796
nonresident operating privilege as specified in division (A)(2) of	1797
section 4510.02 of the Revised Code.	1798

(2) As used in division (D)(F) of this section, "motor	1799
vehicle" has the same meaning as in section 4501.01 of the Revised	1800
Code.	1801

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1802
or (G) of this section and unless a specific sanction is required	1803
to be imposed or is precluded from being imposed pursuant to law,	1804
a court that imposes a sentence upon an offender for a felony may	1805
impose any sanction or combination of sanctions on the offender	1806
that are provided in sections 2929.14 to 2929.18 of the Revised	1807
Code.	1808

If the offender is eligible to be sentenced to community	1809
control sanctions, the court shall consider the appropriateness of	1810
imposing a financial sanction pursuant to section 2929.18 of the	1811
Revised Code or a sanction of community service pursuant to	1812
section 2929.17 of the Revised Code as the sole sanction for the	1813
offense. Except as otherwise provided in this division, if the	1814
court is required to impose a mandatory prison term for the	1815
offense for which sentence is being imposed, the court also shall	1816
impose any financial sanction pursuant to section 2929.18 of the	1817
Revised Code that is required for the offense and may impose any	1818
other financial sanction pursuant to that section but may not	1819
impose any additional sanction or combination of sanctions under	1820
section 2929.16 or 2929.17 of the Revised Code.	1821

If the offender is being sentenced for a fourth degree felony	1822
OVI offense or for a third degree felony OVI offense, in addition	1823
to the mandatory term of local incarceration or the mandatory	1824
prison term required for the offense by division (G)(1) or (2) of	1825
this section, the court shall impose upon the offender a mandatory	1826
fine in accordance with division (B)(3) of section 2929.18 of the	1827
Revised Code and may impose whichever of the following is	1828
applicable:	1829

(1) For a fourth degree felony OVI offense for which sentence	1830
is imposed under division (G)(1) of this section, an additional	1831
community control sanction or combination of community control	1832
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1833
the court imposes upon the offender a community control sanction	1834
and the offender violates any condition of the community control	1835
sanction, the court may take any action prescribed in division (B)	1836
of section 2929.15 of the Revised Code relative to the offender,	1837
including imposing a prison term on the offender pursuant to that	1838
division.	1839

(2) For a third or fourth degree felony OVI offense for which	1840
sentence is imposed under division (G)(2) of this section, an	1841
additional prison term as described in division (B)(4) of section	1842
2929.14 of the Revised Code or a community control sanction as	1843
described in division (G)(2) of this section.	1844

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1845
section, if an offender is convicted of or pleads guilty to a	1846
felony of the fourth or fifth degree that is not an offense of	1847
violence or that is a qualifying assault offense, the court shall	1848
sentence the offender to a community control sanction of at least	1849
one year's duration if all of the following apply:	1850

(i) The offender previously has not been convicted of or	1851
pleaded guilty to a felony offense.	1852

(ii) The most serious charge against the offender at the time	1853
of sentencing is a felony of the fourth or fifth degree.	1854

(iii) If the court made a request of the department of	1855
rehabilitation and correction pursuant to division (B)(1)(c) of	1856
this section, the department, within the forty-five-day period	1857
specified in that division, provided the court with the names of,	1858
contact information for, and program details of one or more	1859
community control sanctions of at least one year's duration that	1860
are available for persons sentenced by the court.	1861

(iv) The offender previously has not been convicted of or	1862
pleaded guilty to a misdemeanor offense of violence that the	1863
offender committed within two years prior to the offense for which	1864
sentence is being imposed.	1865

(b) The court has discretion to impose a prison term upon an	1866
offender who is convicted of or pleads guilty to a felony of the	1867
fourth or fifth degree that is not an offense of violence or that	1868
is a qualifying assault offense if any of the following apply:	1869

(i) The offender committed the offense while having a firearm	1870
on or about the offender's person or under the offender's control.	1871

(ii) If the offense is a qualifying assault offense, the	1872
offender caused serious physical harm to another person while	1873
committing the offense, and, if the offense is not a qualifying	1874
assault offense, the offender caused physical harm to another	1875
person while committing the offense.	1876

(iii) The offender violated a term of the conditions of bond	1877
as set by the court.	1878

(iv) The court made a request of the department of	1879
rehabilitation and correction pursuant to division (B)(1)(c) of	1880
this section, and the department, within the forty-five-day period	1881
specified in that division, did not provide the court with the	1882
name of, contact information for, and program details of any	1883
community control sanction of at least one year's duration that is	1884
available for persons sentenced by the court.	1885

(v) The offense is a sex offense that is a fourth or fifth	1886
degree felony violation of any provision of Chapter 2907. of the	1887
Revised Code.	1888

(vi) In committing the offense, the offender attempted to	1889
cause or made an actual threat of physical harm to a person with a	1890
deadly weapon.	1891

(vii) In committing the offense, the offender attempted to	1892
cause or made an actual threat of physical harm to a person, and	1893
the offender previously was convicted of an offense that caused	1894
physical harm to a person.	1895

(viii) The offender held a public office or position of	1896
trust, and the offense related to that office or position; the	1897
offender's position obliged the offender to prevent the offense or	1898
to bring those committing it to justice; or the offender's	1899
professional reputation or position facilitated the offense or was	1900
likely to influence the future conduct of others.	1901

(ix) The offender committed the offense for hire or as part	1902
of an organized criminal activity.	1903

(x) The offender at the time of the offense was serving, or	1904
the offender previously had served, a prison term.	1905

(xi) The offender committed the offense while under a	1906
community control sanction, while on probation, or while released	1907
from custody on a bond or personal recognizance.	1908

(c) If a court that is sentencing an offender who is	1909
convicted of or pleads guilty to a felony of the fourth or fifth	1910
degree that is not an offense of violence or that is a qualifying	1911
assault offense believes that no community control sanctions are	1912
available for its use that, if imposed on the offender, will	1913
adequately fulfill the overriding principles and purposes of	1914
sentencing, the court shall contact the department of	1915
rehabilitation and correction and ask the department to provide	1916
the court with the names of, contact information for, and program	1917
details of one or more community control sanctions of at least one	1918
year's duration that are available for persons sentenced by the	1919
court. Not later than forty-five days after receipt of a request	1920
from a court under this division, the department shall provide the	1921
court with the names of, contact information for, and program	1922
details of one or more community control sanctions of at least one	1923
year's duration that are available for persons sentenced by the	1924
court, if any. Upon making a request under this division that	1925
relates to a particular offender, a court shall defer sentencing	1926
of that offender until it receives from the department the names	1927
of, contact information for, and program details of one or more	1928
community control sanctions of at least one year's duration that	1929
are available for persons sentenced by the court or for forty-five	1930
days, whichever is the earlier.	1931

If the department provides the court with the names of,	1932
contact information for, and program details of one or more	1933
community control sanctions of at least one year's duration that	1934
are available for persons sentenced by the court within the	1935
forty-five-day period specified in this division, the court shall	1936
impose upon the offender a community control sanction under	1937
division (B)(1)(a) of this section, except that the court may	1938
impose a prison term under division (B)(1)(b) of this section if a	1939
factor described in division (B)(1)(b)(i) or (ii) of this section	1940
applies. If the department does not provide the court with the	1941
names of, contact information for, and program details of one or	1942
more community control sanctions of at least one year's duration	1943
that are available for persons sentenced by the court within the	1944
forty-five-day period specified in this division, the court may	1945
impose upon the offender a prison term under division	1946
(B)(1)(b)(iv) of this section.	1947

(d) A sentencing court may impose an additional penalty under	1948
division (B) of section 2929.15 of the Revised Code upon an	1949
offender sentenced to a community control sanction under division	1950
(B)(1)(a) of this section if the offender violates the conditions	1951
of the community control sanction, violates a law, or leaves the	1952
state without the permission of the court or the offender's	1953
probation officer.	1954

(2) If division (B)(1) of this section does not apply, except	1955
as provided in division (E), (F), or (G) of this section, in	1956
determining whether to impose a prison term as a sanction for a	1957
felony of the fourth or fifth degree, the sentencing court shall	1958
comply with the purposes and principles of sentencing under	1959
section 2929.11 of the Revised Code and with section 2929.12 of	1960
the Revised Code.	1961

(C) Except as provided in division (D), (E), (F), or (G) of	1962
this section, in determining whether to impose a prison term as a	1963
sanction for a felony of the third degree or a felony drug offense	1964
that is a violation of a provision of Chapter 2925. of the Revised	1965
Code and that is specified as being subject to this division for	1966
purposes of sentencing, the sentencing court shall comply with the	1967
purposes and principles of sentencing under section 2929.11 of the	1968
Revised Code and with section 2929.12 of the Revised Code.	1969

(D)(1) Except as provided in division (E) or (F) of this	1970
section, for a felony of the first or second degree, for a felony	1971
drug offense that is a violation of any provision of Chapter	1972
2925., 3719., or 4729. of the Revised Code for which a presumption	1973
in favor of a prison term is specified as being applicable, and	1974
for a violation of division (A)(4) or (B) of section 2907.05 of	1975
the Revised Code for which a presumption in favor of a prison term	1976
is specified as being applicable, it is presumed that a prison	1977
term is necessary in order to comply with the purposes and	1978
principles of sentencing under section 2929.11 of the Revised	1979
Code. Division (D)(2) of this section does not apply to a	1980
presumption established under this division for a violation of	1981
division (A)(4) of section 2907.05 of the Revised Code.	1982

(2) Notwithstanding the presumption established under	1983
division (D)(1) of this section for the offenses listed in that	1984
division other than a violation of division (A)(4) or (B) of	1985
section 2907.05 of the Revised Code, the sentencing court may	1986
impose a community control sanction or a combination of community	1987
control sanctions instead of a prison term on an offender for a	1988
felony of the first or second degree or for a felony drug offense	1989
that is a violation of any provision of Chapter 2925., 3719., or	1990
4729. of the Revised Code for which a presumption in favor of a	1991
prison term is specified as being applicable if it makes both of	1992
the following findings:	1993

(a) A community control sanction or a combination of	1994
community control sanctions would adequately punish the offender	1995
and protect the public from future crime, because the applicable	1996
factors under section 2929.12 of the Revised Code indicating a	1997
lesser likelihood of recidivism outweigh the applicable factors	1998
under that section indicating a greater likelihood of recidivism.	1999

(b) A community control sanction or a combination of	2000
community control sanctions would not demean the seriousness of	2001
the offense, because one or more factors under section 2929.12 of	2002
the Revised Code that indicate that the offender's conduct was	2003
less serious than conduct normally constituting the offense are	2004
applicable, and they outweigh the applicable factors under that	2005
section that indicate that the offender's conduct was more serious	2006
than conduct normally constituting the offense.	2007

(E)(1) Except as provided in division (F) of this section,	2008
for any drug offense that is a violation of any provision of	2009
Chapter 2925. of the Revised Code and that is a felony of the	2010
third, fourth, or fifth degree, the applicability of a presumption	2011
under division (D) of this section in favor of a prison term or of	2012
division (B) or (C) of this section in determining whether to	2013
impose a prison term for the offense shall be determined as	2014
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2015
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2016
Revised Code, whichever is applicable regarding the violation.	2017

(2) If an offender who was convicted of or pleaded guilty to	2018
a felony violates the conditions of a community control sanction	2019
imposed for the offense solely by reason of producing positive	2020
results on a drug test, the court, as punishment for the violation	2021
of the sanction, shall not order that the offender be imprisoned	2022
unless the court determines on the record either of the following:	2023

(a) The offender had been ordered as a sanction for the	2024
felony to participate in a drug treatment program, in a drug	2025
education program, or in narcotics anonymous or a similar program,	2026
and the offender continued to use illegal drugs after a reasonable	2027
period of participation in the program.	2028

(b) The imprisonment of the offender for the violation is	2029
consistent with the purposes and principles of sentencing set	2030
forth in section 2929.11 of the Revised Code.	2031

(3) A court that sentences an offender for a drug abuse	2032
offense that is a felony of the third, fourth, or fifth degree may	2033
require that the offender be assessed by a properly credentialed	2034
professional within a specified period of time. The court shall	2035
require the professional to file a written assessment of the	2036
offender with the court. If the offender is eligible for a	2037
community control sanction and after considering the written	2038
assessment, the court may impose a community control sanction that	2039
includes treatment and recovery support services authorized by	2040
section 3793.02 of the Revised Code. If the court imposes	2041
treatment and recovery support services as a community control	2042
sanction, the court shall direct the level and type of treatment	2043
and recovery support services after considering the assessment and	2044
recommendation of treatment and recovery support services	2045
providers.	2046

(F) Notwithstanding divisions (A) to (E) of this section, the	2047
court shall impose a prison term or terms under sectionssection	2048
2929.02 to 2929.06, section 2929.14, section 2929.142, or section	2049
2971.03 of the Revised Code and except as specifically provided in	2050
section 2929.20, divisions (C) to (I) of section 2967.19, or	2051
section 2967.191 of the Revised Code or when parole is authorized	2052
for the offense under section 2967.13 of the Revised Code shall	2053
not reduce the term or terms pursuant to section 2929.20, section	2054
2967.19, section 2967.193, or any other provision of Chapter 2967.	2055
or Chapter 5120. of the Revised Code for any of the following	2056
offenses:	2057

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

2058

(2) Any rape, regardless of whether force was involved and	2059
regardless of the age of the victim, or an attempt to commit rape	2060
if, had the offender completed the rape that was attempted, the	2061
offender would have been guilty of a violation of division	2062
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2063
sentenced under section 2971.03 of the Revised Code;	2064

(3) Gross sexual imposition or sexual battery, if the victim	2065
is less than thirteen years of age and if any of the following	2066
applies:	2067

(a) Regarding gross sexual imposition, the offender	2068
previously was convicted of or pleaded guilty to rape, the former	2069
offense of felonious sexual penetration, gross sexual imposition,	2070
or sexual battery, and the victim of the previous offense was less	2071
than thirteen years of age;	2072

(b) Regarding gross sexual imposition, the offense was	2073
committed on or after August 3, 2006, and evidence other than the	2074
testimony of the victim was admitted in the case corroborating the	2075
violation.	2076

(c) Regarding sexual battery, either of the following	2077
applies:	2078

(i) The offense was committed prior to August 3, 2006, the	2079
offender previously was convicted of or pleaded guilty to rape,	2080
the former offense of felonious sexual penetration, or sexual	2081
battery, and the victim of the previous offense was less than	2082
thirteen years of age.	2083

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

2084

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2085
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	2086
if the section requires the imposition of a prison term;	2087

(5) A first, second, or third degree felony drug offense for	2088
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2089
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2090
4729.99 of the Revised Code, whichever is applicable regarding the	2091
violation, requires the imposition of a mandatory prison term;	2092

(6) Any offense that is a first or second degree felony and	2093
that is not set forth in division (F)(1), (2), (3), or (4) of this	2094
section, if the offender previously was convicted of or pleaded	2095
guilty to aggravated murder, murder, any first or second degree	2096
felony, or an offense under an existing or former law of this	2097
state, another state, or the United States that is or was	2098
substantially equivalent to one of those offenses;	2099

(7) Any offense that is a third degree felony and either is a	2100
violation of section 2903.04 of the Revised Code or an attempt to	2101
commit a felony of the second degree that is an offense of	2102
violence and involved an attempt to cause serious physical harm to	2103
a person or that resulted in serious physical harm to a person if	2104
the offender previously was convicted of or pleaded guilty to any	2105
of the following offenses:	2106

(a) Aggravated murder, murder, involuntary manslaughter,	2107
rape, felonious sexual penetration as it existed under section	2108
2907.12 of the Revised Code prior to September 3, 1996, a felony	2109
of the first or second degree that resulted in the death of a	2110
person or in physical harm to a person, or complicity in or an	2111
attempt to commit any of those offenses;	2112

(b) An offense under an existing or former law of this state,	2113
another state, or the United States that is or was substantially	2114
equivalent to an offense listed in division (F)(7)(a) of this	2115
section that resulted in the death of a person or in physical harm	2116
to a person.	2117

(8) Any offense, other than a violation of section 2923.12 of	2118
the Revised Code, that is a felony, if the offender had a firearm	2119
on or about the offender's person or under the offender's control	2120
while committing the felony, with respect to a portion of the	2121
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	2122
of the Revised Code for having the firearm;	2123

(9) Any offense of violence that is a felony, if the offender	2124
wore or carried body armor while committing the felony offense of	2125
violence, with respect to the portion of the sentence imposed	2126
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	2127
Code for wearing or carrying the body armor;	2128

(10) Corrupt activity in violation of section 2923.32 of the	2129
Revised Code when the most serious offense in the pattern of	2130
corrupt activity that is the basis of the offense is a felony of	2131
the first degree;	2132

(11) Any violent sex offense or designated homicide, assault,	2133
or kidnapping offense if, in relation to that offense, the	2134
offender is adjudicated a sexually violent predator;	2135

(12) A violation of division (A)(1) or (2) of section 2921.36	2136
of the Revised Code, or a violation of division (C) of that	2137
section involving an item listed in division (A)(1) or (2) of that	2138
section, if the offender is an officer or employee of the	2139
department of rehabilitation and correction;	2140

(13) A violation of division (A)(1) or (2) of section 2903.06	2141
of the Revised Code if the victim of the offense is a peace	2142
officer, as defined in section 2935.01 of the Revised Code, or an	2143
investigator of the bureau of criminal identification and	2144
investigation, as defined in section 2903.11 of the Revised Code,	2145
with respect to the portion of the sentence imposed pursuant to	2146
division (B)(5) of section 2929.14 of the Revised Code;	2147

(14) A violation of division (A)(1) or (2) of section 2903.06	2148
of the Revised Code if the offender has been convicted of or	2149
pleaded guilty to three or more violations of division (A) or (B)	2150
of section 4511.19 of the Revised Code or an equivalent offense,	2151
as defined in section 2941.1415 of the Revised Code, or three or	2152
more violations of any combination of those divisions and	2153
offenses, with respect to the portion of the sentence imposed	2154
pursuant to division (B)(6) of section 2929.14 of the Revised	2155
Code;	2156

(15) Kidnapping, in the circumstances specified in section	2157
2971.03 of the Revised Code and when no other provision of	2158
division (F) of this section applies;	2159

(16) Kidnapping, abduction, compelling prostitution,	2160
promoting prostitution, engaging in a pattern of corrupt activity,	2161
illegal use of a minor in a nudity-oriented material or	2162
performance in violation of division (A)(1) or (2) of section	2163
2907.323 of the Revised Code, or endangering children in violation	2164
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2165
the Revised Code, if the offender is convicted of or pleads guilty	2166
to a specification as described in section 2941.1422 of the	2167
Revised Code that was included in the indictment, count in the	2168
indictment, or information charging the offense;	2169

(17) A felony violation of division (A) or (B) of section	2170
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2171
that section, and division (D)(6) of that section, require the	2172
imposition of a prison term;	2173

(18) A felony violation of section 2903.11, 2903.12, or	2174
2903.13 of the Revised Code, if the victim of the offense was a	2175
woman that the offender knew was pregnant at the time of the	2176
violation, with respect to a portion of the sentence imposed	2177
pursuant to division (B)(8) of section 2929.14 of the Revised	2178
Code.	2179

(G) Notwithstanding divisions (A) to (E) of this section, if	2180
an offender is being sentenced for a fourth degree felony OVI	2181
offense or for a third degree felony OVI offense, the court shall	2182
impose upon the offender a mandatory term of local incarceration	2183
or a mandatory prison term in accordance with the following:	2184

(1) If the offender is being sentenced for a fourth degree	2185
felony OVI offense and if the offender has not been convicted of	2186
and has not pleaded guilty to a specification of the type	2187
described in section 2941.1413 of the Revised Code, the court may	2188
impose upon the offender a mandatory term of local incarceration	2189
of sixty days or one hundred twenty days as specified in division	2190
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2191
not reduce the term pursuant to section 2929.20, 2967.193, or any	2192
other provision of the Revised Code. The court that imposes a	2193
mandatory term of local incarceration under this division shall	2194
specify whether the term is to be served in a jail, a	2195
community-based correctional facility, a halfway house, or an	2196
alternative residential facility, and the offender shall serve the	2197
term in the type of facility specified by the court. A mandatory	2198
term of local incarceration imposed under division (G)(1) of this	2199
section is not subject to any other Revised Code provision that	2200
pertains to a prison term except as provided in division (A)(1) of	2201
this section.	2202

(2) If the offender is being sentenced for a third degree	2203
felony OVI offense, or if the offender is being sentenced for a	2204
fourth degree felony OVI offense and the court does not impose a	2205
mandatory term of local incarceration under division (G)(1) of	2206
this section, the court shall impose upon the offender a mandatory	2207
prison term of one, two, three, four, or five years if the	2208
offender also is convicted of or also pleads guilty to a	2209
specification of the type described in section 2941.1413 of the	2210
Revised Code or shall impose upon the offender a mandatory prison	2211
term of sixty days or one hundred twenty days as specified in	2212
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2213
if the offender has not been convicted of and has not pleaded	2214
guilty to a specification of that type. Subject to divisions (C)	2215
to (I) of section 2967.19 of the Revised Code, the court shall not	2216
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	2217
any other provision of the Revised Code. The offender shall serve	2218
the one-, two-, three-, four-, or five-year mandatory prison term	2219
consecutively to and prior to the prison term imposed for the	2220
underlying offense and consecutively to any other mandatory prison	2221
term imposed in relation to the offense. In no case shall an	2222
offender who once has been sentenced to a mandatory term of local	2223
incarceration pursuant to division (G)(1) of this section for a	2224
fourth degree felony OVI offense be sentenced to another mandatory	2225
term of local incarceration under that division for any violation	2226
of division (A) of section 4511.19 of the Revised Code. In	2227
addition to the mandatory prison term described in division (G)(2)	2228
of this section, the court may sentence the offender to a	2229
community control sanction under section 2929.16 or 2929.17 of the	2230
Revised Code, but the offender shall serve the prison term prior	2231
to serving the community control sanction. The department of	2232
rehabilitation and correction may place an offender sentenced to a	2233
mandatory prison term under this division in an intensive program	2234
prison established pursuant to section 5120.033 of the Revised	2235
Code if the department gave the sentencing judge prior notice of	2236
its intent to place the offender in an intensive program prison	2237
established under that section and if the judge did not notify the	2238
department that the judge disapproved the placement. Upon the	2239
establishment of the initial intensive program prison pursuant to	2240
section 5120.033 of the Revised Code that is privately operated	2241
and managed by a contractor pursuant to a contract entered into	2242
under section 9.06 of the Revised Code, both of the following	2243
apply:	2244

(a) The department of rehabilitation and correction shall	2245
make a reasonable effort to ensure that a sufficient number of	2246
offenders sentenced to a mandatory prison term under this division	2247
are placed in the privately operated and managed prison so that	2248
the privately operated and managed prison has full occupancy.	2249

(b) Unless the privately operated and managed prison has full	2250
occupancy, the department of rehabilitation and correction shall	2251
not place any offender sentenced to a mandatory prison term under	2252
this division in any intensive program prison established pursuant	2253
to section 5120.033 of the Revised Code other than the privately	2254
operated and managed prison.	2255

(H) If an offender is being sentenced for a sexually oriented	2256
offense or child-victim oriented offense that is a felony	2257
committed on or after January 1, 1997, the judge shall require the	2258
offender to submit to a DNA specimen collection procedure pursuant	2259
to section 2901.07 of the Revised Code.	2260

(I) If an offender is being sentenced for a sexually oriented	2261
offense or a child-victim oriented offense committed on or after	2262
January 1, 1997, the judge shall include in the sentence a summary	2263
of the offender's duties imposed under sections 2950.04, 2950.041,	2264
2950.05, and 2950.06 of the Revised Code and the duration of the	2265
duties. The judge shall inform the offender, at the time of	2266
sentencing, of those duties and of their duration. If required	2267
under division (A)(2) of section 2950.03 of the Revised Code, the	2268
judge shall perform the duties specified in that section, or, if	2269
required under division (A)(6) of section 2950.03 of the Revised	2270
Code, the judge shall perform the duties specified in that	2271
division.	2272

(J)(1) Except as provided in division (J)(2) of this section,	2273
when considering sentencing factors under this section in relation	2274
to an offender who is convicted of or pleads guilty to an attempt	2275
to commit an offense in violation of section 2923.02 of the	2276
Revised Code, the sentencing court shall consider the factors	2277
applicable to the felony category of the violation of section	2278
2923.02 of the Revised Code instead of the factors applicable to	2279
the felony category of the offense attempted.	2280

(2) When considering sentencing factors under this section in	2281
relation to an offender who is convicted of or pleads guilty to an	2282
attempt to commit a drug abuse offense for which the penalty is	2283
determined by the amount or number of unit doses of the controlled	2284
substance involved in the drug abuse offense, the sentencing court	2285
shall consider the factors applicable to the felony category that	2286
the drug abuse offense attempted would be if that drug abuse	2287
offense had been committed and had involved an amount or number of	2288
unit doses of the controlled substance that is within the next	2289
lower range of controlled substance amounts than was involved in	2290
the attempt.	2291

(K) As used in this section:

2292

(1) "Drug abuse offense" has the same meaning as in section	2293
2925.01 of the Revised Code.	2294

(2) "Qualifying assault offense" means a violation of section	2295
2903.13 of the Revised Code for which the penalty provision in	2296
division (C)(7)(b) or (C)(8)(b) of that section applies.	2297

(L) At the time of sentencing an offender for any sexually	2298
oriented offense, if the offender is a tier III sex	2299
offender/child-victim offender relative to that offense and the	2300
offender does not serve a prison term or jail term, the court may	2301
require that the offender be monitored by means of a global	2302
positioning device. If the court requires such monitoring, the	2303
cost of monitoring shall be borne by the offender. If the offender	2304
is indigent, the cost of compliance shall be paid by the crime	2305
victims reparations fund.	2306

Sec. 2929.14.  (A) Except as provided in division (B)(1),	2307
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	2308
(H), or (J) of this section or in division (D)(6) of section	2309
2919.25 of the Revised Code and except in relation to an offense	2310
for which a sentence of death or life imprisonment is to be	2311
imposed, if the court imposing a sentence upon an offender for a	2312
felony elects or is required to impose a prison term on the	2313
offender pursuant to this chapter, the court shall impose a	2314
definite prison term that shall be one of the following:	2315

(1) For a felony of the first degree, the prison term shall	2316
be three, four, five, six, seven, eight, nine, ten, or eleven	2317
years.	2318

(2) For a felony of the second degree, the prison term shall	2319
be two, three, four, five, six, seven, or eight years.	2320

(3)(a) For a felony of the third degree that is a violation	2321
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	2322
Revised Code or that is a violation of section 2911.02 or 2911.12	2323
of the Revised Code if the offender previously has been convicted	2324
of or pleaded guilty in two or more separate proceedings to two or	2325
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	2326
of the Revised Code, the prison term shall be twelve, eighteen,	2327
twenty-four, thirty, thirty-six, forty-two, forty-eight,	2328
fifty-four, or sixty months.	2329

(b) For a felony of the third degree that is not an offense	2330
for which division (A)(3)(a) of this section applies, the prison	2331
term shall be nine, twelve, eighteen, twenty-four, thirty, or	2332
thirty-six months.	2333

(4) For a felony of the fourth degree, the prison term shall	2334
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2335
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2336

(5) For a felony of the fifth degree, the prison term shall	2337
be six, seven, eight, nine, ten, eleven, or twelve months.	2338

(B)(1)(a) Except as provided in division (B)(1)(e) of this	2339
section, if an offender who is convicted of or pleads guilty to a	2340
felony also is convicted of or pleads guilty to a specification of	2341
the type described in section 2941.141, 2941.144, or 2941.145 of	2342
the Revised Code, the court shall impose on the offender one of	2343
the following prison terms:	2344

(i) A prison term of six years if the specification is of the	2345
type described in section 2941.144 of the Revised Code that	2346
charges the offender with having a firearm that is an automatic	2347
firearm or that was equipped with a firearm muffler or silencer on	2348
or about the offender's person or under the offender's control	2349
while committing the felony;	2350

(ii) A prison term of three years if the specification is of	2351
the type described in section 2941.145 of the Revised Code that	2352
charges the offender with having a firearm on or about the	2353
offender's person or under the offender's control while committing	2354
the offense and displaying the firearm, brandishing the firearm,	2355
indicating that the offender possessed the firearm, or using it to	2356
facilitate the offense;	2357

(iii) A prison term of one year if the specification is of	2358
the type described in section 2941.141 of the Revised Code that	2359
charges the offender with having a firearm on or about the	2360
offender's person or under the offender's control while committing	2361
the felony.	2362

(b) If a court imposes a prison term on an offender under	2363
division (B)(1)(a) of this section, the prison term shall not be	2364
reduced pursuant to section 2967.19, section 2929.20, section	2365
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2366
of the Revised Code. Except as provided in division (B)(1)(g) of	2367
this section, a court shall not impose more than one prison term	2368
on an offender under division (B)(1)(a) of this section for	2369
felonies committed as part of the same act or transaction.	2370

(c) Except as provided in division (B)(1)(e) of this section,	2371
if an offender who is convicted of or pleads guilty to a violation	2372
of section 2923.161 of the Revised Code or to a felony that	2373
includes, as an essential element, purposely or knowingly causing	2374
or attempting to cause the death of or physical harm to another,	2375
also is convicted of or pleads guilty to a specification of the	2376
type described in section 2941.146 of the Revised Code that	2377
charges the offender with committing the offense by discharging a	2378
firearm from a motor vehicle other than a manufactured home, the	2379
court, after imposing a prison term on the offender for the	2380
violation of section 2923.161 of the Revised Code or for the other	2381
felony offense under division (A), (B)(2), or (B)(3) of this	2382
section, shall impose an additional prison term of five years upon	2383
the offender that shall not be reduced pursuant to section	2384
2929.20, section 2967.19, section 2967.193, or any other provision	2385
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	2386
shall not impose more than one additional prison term on an	2387
offender under division (B)(1)(c) of this section for felonies	2388
committed as part of the same act or transaction. If a court	2389
imposes an additional prison term on an offender under division	2390
(B)(1)(c) of this section relative to an offense, the court also	2391
shall impose a prison term under division (B)(1)(a) of this	2392
section relative to the same offense, provided the criteria	2393
specified in that division for imposing an additional prison term	2394
are satisfied relative to the offender and the offense.	2395

(d) If an offender who is convicted of or pleads guilty to an	2396
offense of violence that is a felony also is convicted of or	2397
pleads guilty to a specification of the type described in section	2398
2941.1411 of the Revised Code that charges the offender with	2399
wearing or carrying body armor while committing the felony offense	2400
of violence, the court shall impose on the offender a prison term	2401
of two years. The prison term so imposed, subject to divisions (C)	2402
to (I) of section 2967.19 of the Revised Code, shall not be	2403
reduced pursuant to section 2929.20, section 2967.19, section	2404
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2405
of the Revised Code. A court shall not impose more than one prison	2406
term on an offender under division (B)(1)(d) of this section for	2407
felonies committed as part of the same act or transaction. If a	2408
court imposes an additional prison term under division (B)(1)(a)	2409
or (c) of this section, the court is not precluded from imposing	2410
an additional prison term under division (B)(1)(d) of this	2411
section.	2412

(e) The court shall not impose any of the prison terms	2413
described in division (B)(1)(a) of this section or any of the	2414
additional prison terms described in division (B)(1)(c) of this	2415
section upon an offender for a violation of section 2923.12 or	2416
2923.123 of the Revised Code. The court shall not impose any of	2417
the prison terms described in division (B)(1)(a) or (b) of this	2418
section upon an offender for a violation of section 2923.122 that	2419
involves a deadly weapon that is a firearm other than a dangerous	2420
ordnance, section 2923.16, or section 2923.121 of the Revised	2421
Code. The court shall not impose any of the prison terms described	2422
in division (B)(1)(a) of this section or any of the additional	2423
prison terms described in division (B)(1)(c) of this section upon	2424
an offender for a violation of section 2923.13 of the Revised Code	2425
unless all of the following apply:	2426

(i) The offender previously has been convicted of aggravated	2427
murder, murder, or any felony of the first or second degree.	2428

(ii) Less than five years have passed since the offender was	2429
released from prison or post-release control, whichever is later,	2430
for the prior offense.	2431

(f) If an offender is convicted of or pleads guilty to a	2432
felony that includes, as an essential element, causing or	2433
attempting to cause the death of or physical harm to another and	2434
also is convicted of or pleads guilty to a specification of the	2435
type described in section 2941.1412 of the Revised Code that	2436
charges the offender with committing the offense by discharging a	2437
firearm at a peace officer as defined in section 2935.01 of the	2438
Revised Code or a corrections officer, as defined in section	2439
2941.1412 of the Revised Code, the court, after imposing a prison	2440
term on the offender for the felony offense under division (A),	2441
(B)(2), or (B)(3) of this section, shall impose an additional	2442
prison term of seven years upon the offender that shall not be	2443
reduced pursuant to section 2929.20, section 2967.19, section	2444
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2445
of the Revised Code. If an offender is convicted of or pleads	2446
guilty to two or more felonies that include, as an essential	2447
element, causing or attempting to cause the death or physical harm	2448
to another and also is convicted of or pleads guilty to a	2449
specification of the type described under division (B)(1)(f) of	2450
this section in connection with two or more of the felonies of	2451
which the offender is convicted or to which the offender pleads	2452
guilty, the sentencing court shall impose on the offender the	2453
prison term specified under division (B)(1)(f) of this section for	2454
each of two of the specifications of which the offender is	2455
convicted or to which the offender pleads guilty and, in its	2456
discretion, also may impose on the offender the prison term	2457
specified under that division for any or all of the remaining	2458
specifications. If a court imposes an additional prison term on an	2459
offender under division (B)(1)(f) of this section relative to an	2460
offense, the court shall not impose a prison term under division	2461
(B)(1)(a) or (c) of this section relative to the same offense.	2462

(g) If an offender is convicted of or pleads guilty to two or	2463
more felonies, if one or more of those felonies are aggravated	2464
murder, murder, attempted aggravated murder, attempted murder,	2465
aggravated robbery, felonious assault, or rape, and if the	2466
offender is convicted of or pleads guilty to a specification of	2467
the type described under division (B)(1)(a) of this section in	2468
connection with two or more of the felonies, the sentencing court	2469
shall impose on the offender the prison term specified under	2470
division (B)(1)(a) of this section for each of the two most	2471
serious specifications of which the offender is convicted or to	2472
which the offender pleads guilty and, in its discretion, also may	2473
impose on the offender the prison term specified under that	2474
division for any or all of the remaining specifications.	2475

(2)(a) If division (B)(2)(b) of this section does not apply,	2476
the court may impose on an offender, in addition to the longest	2477
prison term authorized or required for the offense, an additional	2478
definite prison term of one, two, three, four, five, six, seven,	2479
eight, nine, or ten years if all of the following criteria are	2480
met:	2481

(i) The offender is convicted of or pleads guilty to a	2482
specification of the type described in section 2941.149 of the	2483
Revised Code that the offender is a repeat violent offender.	2484

(ii) The offense of which the offender currently is convicted	2485
or to which the offender currently pleads guilty is aggravated	2486
murder and the court does not impose a sentence of death or life	2487
imprisonment without parole, murder, terrorism and the court does	2488
not impose a sentence of life imprisonment without parole, any	2489
felony of the first degree that is an offense of violence and the	2490
court does not impose a sentence of life imprisonment without	2491
parole, or any felony of the second degree that is an offense of	2492
violence and the trier of fact finds that the offense involved an	2493
attempt to cause or a threat to cause serious physical harm to a	2494
person or resulted in serious physical harm to a person.	2495

(iii) The court imposes the longest prison term for the	2496
offense that is not life imprisonment without parole.	2497

(iv) The court finds that the prison terms imposed pursuant	2498
to division (B)(2)(a)(iii) of this section and, if applicable,	2499
division (B)(1) or (3) of this section are inadequate to punish	2500
the offender and protect the public from future crime, because the	2501
applicable factors under section 2929.12 of the Revised Code	2502
indicating a greater likelihood of recidivism outweigh the	2503
applicable factors under that section indicating a lesser	2504
likelihood of recidivism.	2505

(v) The court finds that the prison terms imposed pursuant to	2506
division (B)(2)(a)(iii) of this section and, if applicable,	2507
division (B)(1) or (3) of this section are demeaning to the	2508
seriousness of the offense, because one or more of the factors	2509
under section 2929.12 of the Revised Code indicating that the	2510
offender's conduct is more serious than conduct normally	2511
constituting the offense are present, and they outweigh the	2512
applicable factors under that section indicating that the	2513
offender's conduct is less serious than conduct normally	2514
constituting the offense.	2515

(b) The court shall impose on an offender the longest prison	2516
term authorized or required for the offense and shall impose on	2517
the offender an additional definite prison term of one, two,	2518
three, four, five, six, seven, eight, nine, or ten years if all of	2519
the following criteria are met:	2520

(i) The offender is convicted of or pleads guilty to a	2521
specification of the type described in section 2941.149 of the	2522
Revised Code that the offender is a repeat violent offender.	2523

(ii) The offender within the preceding twenty years has been	2524
convicted of or pleaded guilty to three or more offenses described	2525
in division (CC)(1) of section 2929.01 of the Revised Code,	2526
including all offenses described in that division of which the	2527
offender is convicted or to which the offender pleads guilty in	2528
the current prosecution and all offenses described in that	2529
division of which the offender previously has been convicted or to	2530
which the offender previously pleaded guilty, whether prosecuted	2531
together or separately.	2532

(iii) The offense or offenses of which the offender currently	2533
is convicted or to which the offender currently pleads guilty is	2534
aggravated murder and the court does not impose a sentence of	2535
death or life imprisonment without parole, murder, terrorism and	2536
the court does not impose a sentence of life imprisonment without	2537
parole, any felony of the first degree that is an offense of	2538
violence and the court does not impose a sentence of life	2539
imprisonment without parole, or any felony of the second degree	2540
that is an offense of violence and the trier of fact finds that	2541
the offense involved an attempt to cause or a threat to cause	2542
serious physical harm to a person or resulted in serious physical	2543
harm to a person.	2544

(c) For purposes of division (B)(2)(b) of this section, two	2545
or more offenses committed at the same time or as part of the same	2546
act or event shall be considered one offense, and that one offense	2547
shall be the offense with the greatest penalty.	2548

(d) A sentence imposed under division (B)(2)(a) or (b) of	2549
this section shall not be reduced pursuant to section 2929.20,	2550
section 2967.19, or section 2967.193, or any other provision of	2551
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	2552
shall serve an additional prison term imposed under this section	2553
consecutively to and prior to the prison term imposed for the	2554
underlying offense.	2555

(e) When imposing a sentence pursuant to division (B)(2)(a)	2556
or (b) of this section, the court shall state its findings	2557
explaining the imposed sentence.	2558

(3) Except when an offender commits a violation of section	2559
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2560
the violation is life imprisonment or commits a violation of	2561
section 2903.02 of the Revised Code, if the offender commits a	2562
violation of section 2925.03 or 2925.11 of the Revised Code and	2563
that section classifies the offender as a major drug offender, if	2564
the offender commits a felony violation of section 2925.02,	2565
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2566
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2567
division (C) of section 4729.51, or division (J) of section	2568
4729.54 of the Revised Code that includes the sale, offer to sell,	2569
or possession of a schedule I or II controlled substance, with the	2570
exception of marihuana, and the court imposing sentence upon the	2571
offender finds that the offender is guilty of a specification of	2572
the type described in section 2941.1410 of the Revised Code	2573
charging that the offender is a major drug offender, if the court	2574
imposing sentence upon an offender for a felony finds that the	2575
offender is guilty of corrupt activity with the most serious	2576
offense in the pattern of corrupt activity being a felony of the	2577
first degree, or if the offender is guilty of an attempted	2578
violation of section 2907.02 of the Revised Code and, had the	2579
offender completed the violation of section 2907.02 of the Revised	2580
Code that was attempted, the offender would have been subject to a	2581
sentence of life imprisonment or life imprisonment without parole	2582
for the violation of section 2907.02 of the Revised Code, the	2583
court shall impose upon the offender for the felony violation a	2584
mandatory prison term of the maximum prison term prescribed for a	2585
felony of the first degree that, subject to divisions (C) to (I)	2586
of section 2967.19 of the Revised Code, cannot be reduced pursuant	2587
to section 2929.20, section 2967.19, or any other provision of	2588
Chapter 2967. or 5120. of the Revised Code.	2589

(4) If the offender is being sentenced for a third or fourth	2590
degree felony OVI offense under division (G)(2) of section 2929.13	2591
of the Revised Code, the sentencing court shall impose upon the	2592
offender a mandatory prison term in accordance with that division.	2593
In addition to the mandatory prison term, if the offender is being	2594
sentenced for a fourth degree felony OVI offense, the court,	2595
notwithstanding division (A)(4) of this section, may sentence the	2596
offender to a definite prison term of not less than six months and	2597
not more than thirty months, and if the offender is being	2598
sentenced for a third degree felony OVI offense, the sentencing	2599
court may sentence the offender to an additional prison term of	2600
any duration specified in division (A)(3) of this section. In	2601
either case, the additional prison term imposed shall be reduced	2602
by the sixty or one hundred twenty days imposed upon the offender	2603
as the mandatory prison term. The total of the additional prison	2604
term imposed under division (B)(4) of this section plus the sixty	2605
or one hundred twenty days imposed as the mandatory prison term	2606
shall equal a definite term in the range of six months to thirty	2607
months for a fourth degree felony OVI offense and shall equal one	2608
of the authorized prison terms specified in division (A)(3) of	2609
this section for a third degree felony OVI offense. If the court	2610
imposes an additional prison term under division (B)(4) of this	2611
section, the offender shall serve the additional prison term after	2612
the offender has served the mandatory prison term required for the	2613
offense. In addition to the mandatory prison term or mandatory and	2614
additional prison term imposed as described in division (B)(4) of	2615
this section, the court also may sentence the offender to a	2616
community control sanction under section 2929.16 or 2929.17 of the	2617
Revised Code, but the offender shall serve all of the prison terms	2618
so imposed prior to serving the community control sanction.	2619

If the offender is being sentenced for a fourth degree felony	2620
OVI offense under division (G)(1) of section 2929.13 of the	2621
Revised Code and the court imposes a mandatory term of local	2622
incarceration, the court may impose a prison term as described in	2623
division (A)(1) of that section.	2624

(5) If an offender is convicted of or pleads guilty to a	2625
violation of division (A)(1) or (2) of section 2903.06 of the	2626
Revised Code and also is convicted of or pleads guilty to a	2627
specification of the type described in section 2941.1414 of the	2628
Revised Code that charges that the victim of the offense is a	2629
peace officer, as defined in section 2935.01 of the Revised Code,	2630
or an investigator of the bureau of criminal identification and	2631
investigation, as defined in section 2903.11 of the Revised Code,	2632
the court shall impose on the offender a prison term of five	2633
years. If a court imposes a prison term on an offender under	2634
division (B)(5) of this section, the prison term, subject to	2635
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2636
not be reduced pursuant to section 2929.20, section 2967.19,	2637
section 2967.193, or any other provision of Chapter 2967. or	2638
Chapter 5120. of the Revised Code. A court shall not impose more	2639
than one prison term on an offender under division (B)(5) of this	2640
section for felonies committed as part of the same act.	2641

(6) If an offender is convicted of or pleads guilty to a	2642
violation of division (A)(1) or (2) of section 2903.06 of the	2643
Revised Code and also is convicted of or pleads guilty to a	2644
specification of the type described in section 2941.1415 of the	2645
Revised Code that charges that the offender previously has been	2646
convicted of or pleaded guilty to three or more violations of	2647
division (A) or (B) of section 4511.19 of the Revised Code or an	2648
equivalent offense, as defined in section 2941.1415 of the Revised	2649
Code, or three or more violations of any combination of those	2650
divisions and offenses, the court shall impose on the offender a	2651
prison term of three years. If a court imposes a prison term on an	2652
offender under division (B)(6) of this section, the prison term,	2653
subject to divisions (C) to (I) of section 2967.19 of the Revised	2654
Code, shall not be reduced pursuant to section 2929.20, section	2655
2967.19, section 2967.193, or any other provision of Chapter 2967.	2656
or Chapter 5120. of the Revised Code. A court shall not impose	2657
more than one prison term on an offender under division (B)(6) of	2658
this section for felonies committed as part of the same act.	2659

(7)(a) If an offender is convicted of or pleads guilty to a	2660
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2661
2923.32, division (A)(1) or (2) of section 2907.323, or division	2662
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2663
Code and also is convicted of or pleads guilty to a specification	2664
of the type described in section 2941.1422 of the Revised Code	2665
that charges that the offender knowingly committed the offense in	2666
furtherance of human trafficking, the court shall impose on the	2667
offender a mandatory prison term that is one of the following:	2668

(i) If the offense is a felony of the first degree, a	2669
definite prison term of not less than five years and not greater	2670
than ten years;	2671

(ii) If the offense is a felony of the second or third	2672
degree, a definite prison term of not less than three years and	2673
not greater than the maximum prison term allowed for the offense	2674
by division (A) of section 2929.14 of the Revised Code;	2675

(iii) If the offense is a felony of the fourth or fifth	2676
degree, a definite prison term that is the maximum prison term	2677
allowed for the offense by division (A) of section 2929.14 of the	2678
Revised Code.	2679

(b) Subject to divisions (C) to (I) of section 2967.19 of the	2680
Revised Code, the prison term imposed under division (B)(7)(a) of	2681
this section shall not be reduced pursuant to section 2929.20,	2682
section 2967.19, section 2967.193, or any other provision of	2683
Chapter 2967. of the Revised Code. A court shall not impose more	2684
than one prison term on an offender under division (B)(7)(a) of	2685
this section for felonies committed as part of the same act,	2686
scheme, or plan.	2687

(8) If an offender is convicted of or pleads guilty to a	2688
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2689
Revised Code and also is convicted of or pleads guilty to a	2690
specification of the type described in section 2941.1423 of the	2691
Revised Code that charges that the victim of the violation was a	2692
woman whom the offender knew was pregnant at the time of the	2693
violation, notwithstanding the range of prison terms prescribed in	2694
division (A) of this section for felonies of the same degree as	2695
the violation, the court shall impose on the offender a mandatory	2696
prison term that is either a definite prison term of six months or	2697
one of the prison terms prescribed in section 2929.14 of the	2698
Revised Code for felonies of the same degree as the violation.	2699

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	2700
mandatory prison term is imposed upon an offender pursuant to	2701
division (B)(1)(a) of this section for having a firearm on or	2702
about the offender's person or under the offender's control while	2703
committing a felony, if a mandatory prison term is imposed upon an	2704
offender pursuant to division (B)(1)(c) of this section for	2705
committing a felony specified in that division by discharging a	2706
firearm from a motor vehicle, or if both types of mandatory prison	2707
terms are imposed, the offender shall serve any mandatory prison	2708
term imposed under either division consecutively to any other	2709
mandatory prison term imposed under either division or under	2710
division (B)(1)(d) of this section, consecutively to and prior to	2711
any prison term imposed for the underlying felony pursuant to	2712
division (A), (B)(2), or (B)(3) of this section or any other	2713
section of the Revised Code, and consecutively to any other prison	2714
term or mandatory prison term previously or subsequently imposed	2715
upon the offender.	2716

(b) If a mandatory prison term is imposed upon an offender	2717
pursuant to division (B)(1)(d) of this section for wearing or	2718
carrying body armor while committing an offense of violence that	2719
is a felony, the offender shall serve the mandatory term so	2720
imposed consecutively to any other mandatory prison term imposed	2721
under that division or under division (B)(1)(a) or (c) of this	2722
section, consecutively to and prior to any prison term imposed for	2723
the underlying felony under division (A), (B)(2), or (B)(3) of	2724
this section or any other section of the Revised Code, and	2725
consecutively to any other prison term or mandatory prison term	2726
previously or subsequently imposed upon the offender.	2727

(c) If a mandatory prison term is imposed upon an offender	2728
pursuant to division (B)(1)(f) of this section, the offender shall	2729
serve the mandatory prison term so imposed consecutively to and	2730
prior to any prison term imposed for the underlying felony under	2731
division (A), (B)(2), or (B)(3) of this section or any other	2732
section of the Revised Code, and consecutively to any other prison	2733
term or mandatory prison term previously or subsequently imposed	2734
upon the offender.	2735

(d) If a mandatory prison term is imposed upon an offender	2736
pursuant to division (B)(7) or (8) of this section, the offender	2737
shall serve the mandatory prison term so imposed consecutively to	2738
any other mandatory prison term imposed under that division or	2739
under any other provision of law and consecutively to any other	2740
prison term or mandatory prison term previously or subsequently	2741
imposed upon the offender.	2742

(2) If an offender who is an inmate in a jail, prison, or	2743
other residential detention facility violates section 2917.02,	2744
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	2745
of section 2921.34 of the Revised Code, if an offender who is	2746
under detention at a detention facility commits a felony violation	2747
of section 2923.131 of the Revised Code, or if an offender who is	2748
an inmate in a jail, prison, or other residential detention	2749
facility or is under detention at a detention facility commits	2750
another felony while the offender is an escapee in violation of	2751
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	2752
prison term imposed upon the offender for one of those violations	2753
shall be served by the offender consecutively to the prison term	2754
or term of imprisonment the offender was serving when the offender	2755
committed that offense and to any other prison term previously or	2756
subsequently imposed upon the offender.	2757

(3) If a prison term is imposed for a violation of division	2758
(B) of section 2911.01 of the Revised Code, a violation of	2759
division (A) of section 2913.02 of the Revised Code in which the	2760
stolen property is a firearm or dangerous ordnance, or a felony	2761
violation of division (B) of section 2921.331 of the Revised Code,	2762
the offender shall serve that prison term consecutively to any	2763
other prison term or mandatory prison term previously or	2764
subsequently imposed upon the offender.	2765

(4) If multiple prison terms are imposed on an offender for	2766
convictions of multiple offenses, the court may require the	2767
offender to serve the prison terms consecutively if the court	2768
finds that the consecutive service is necessary to protect the	2769
public from future crime or to punish the offender and that	2770
consecutive sentences are not disproportionate to the seriousness	2771
of the offender's conduct and to the danger the offender poses to	2772
the public, and if the court also finds any of the following:	2773

(a) The offender committed one or more of the multiple	2774
offenses while the offender was awaiting trial or sentencing, was	2775
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2776
2929.18 of the Revised Code, or was under post-release control for	2777
a prior offense.	2778

(b) At least two of the multiple offenses were committed as	2779
part of one or more courses of conduct, and the harm caused by two	2780
or more of the multiple offenses so committed was so great or	2781
unusual that no single prison term for any of the offenses	2782
committed as part of any of the courses of conduct adequately	2783
reflects the seriousness of the offender's conduct.	2784

(c) The offender's history of criminal conduct demonstrates	2785
that consecutive sentences are necessary to protect the public	2786
from future crime by the offender.	2787

(5) If a mandatory prison term is imposed upon an offender	2788
pursuant to division (B)(5) or (6) of this section, the offender	2789
shall serve the mandatory prison term consecutively to and prior	2790
to any prison term imposed for the underlying violation of	2791
division (A)(1) or (2) of section 2903.06 of the Revised Code	2792
pursuant to division (A) of this section or section 2929.142 of	2793
the Revised Code. If a mandatory prison term is imposed upon an	2794
offender pursuant to division (B)(5) of this section, and if a	2795
mandatory prison term also is imposed upon the offender pursuant	2796
to division (B)(6) of this section in relation to the same	2797
violation, the offender shall serve the mandatory prison term	2798
imposed pursuant to division (B)(5) of this section consecutively	2799
to and prior to the mandatory prison term imposed pursuant to	2800
division (B)(6) of this section and consecutively to and prior to	2801
any prison term imposed for the underlying violation of division	2802
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2803
division (A) of this section or section 2929.142 of the Revised	2804
Code.	2805

(6) When consecutive prison terms are imposed pursuant to	2806
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	2807
of this section, the term to be served is the aggregate of all of	2808
the terms so imposed.	2809

(D)(1) If a court imposes a prison term for a felony of the	2810
first degree, for a felony of the second degree, for a felony sex	2811
offense, or for a felony of the third degree that is not a felony	2812
sex offense and in the commission of which the offender caused or	2813
threatened to cause physical harm to a person, it shall include in	2814
the sentence a requirement that the offender be subject to a	2815
period of post-release control after the offender's release from	2816
imprisonment, in accordance with that division. If a court imposes	2817
a sentence including a prison term of a type described in this	2818
division on or after July 11, 2006, the failure of a court to	2819
include a post-release control requirement in the sentence	2820
pursuant to this division does not negate, limit, or otherwise	2821
affect the mandatory period of post-release control that is	2822
required for the offender under division (B) of section 2967.28 of	2823
the Revised Code. Section 2929.191 of the Revised Code applies if,	2824
prior to July 11, 2006, a court imposed a sentence including a	2825
prison term of a type described in this division and failed to	2826
include in the sentence pursuant to this division a statement	2827
regarding post-release control.	2828

(2) If a court imposes a prison term for a felony of the	2829
third, fourth, or fifth degree that is not subject to division	2830
(D)(1) of this section, it shall include in the sentence a	2831
requirement that the offender be subject to a period of	2832
post-release control after the offender's release from	2833
imprisonment, in accordance with that division, if the parole	2834
board determines that a period of post-release control is	2835
necessary. Section 2929.191 of the Revised Code applies if, prior	2836
to July 11, 2006, a court imposed a sentence including a prison	2837
term of a type described in this division and failed to include in	2838
the sentence pursuant to this division a statement regarding	2839
post-release control.	2840

(E) The court shall impose sentence upon the offender in	2841
accordance with section 2971.03 of the Revised Code, and Chapter	2842
2971. of the Revised Code applies regarding the prison term or	2843
term of life imprisonment without parole imposed upon the offender	2844
and the service of that term of imprisonment if any of the	2845
following apply:	2846

(1) A person is convicted of or pleads guilty to a violent	2847
sex offense or a designated homicide, assault, or kidnapping	2848
offense, and, in relation to that offense, the offender is	2849
adjudicated a sexually violent predator.	2850

(2) A person is convicted of or pleads guilty to a violation	2851
of division (A)(1)(b) of section 2907.02 of the Revised Code	2852
committed on or after January 2, 2007, and either the court does	2853
not impose a sentence of life without parole when authorized	2854
pursuant to division (B) of section 2907.02 of the Revised Code,	2855
or division (B) of section 2907.02 of the Revised Code provides	2856
that the court shall not sentence the offender pursuant to section	2857
2971.03 of the Revised Code.	2858

(3) A person is convicted of or pleads guilty to attempted	2859
rape committed on or after January 2, 2007, and a specification of	2860
the type described in section 2941.1418, 2941.1419, or 2941.1420	2861
of the Revised Code.	2862

(4) A person is convicted of or pleads guilty to a violation	2863
of section 2905.01 of the Revised Code committed on or after	2864
January 1, 2008, and that section requires the court to sentence	2865
the offender pursuant to section 2971.03 of the Revised Code.	2866

(5) A person is convicted of or pleads guilty to aggravated	2867
murder committed on or after January 1, 2008, and division	2868
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2869
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2870
(E)(1)(d) of section 2929.03, or division (A) or (B)(C) of section	2871
2929.062929.02 of the Revised Code requires the court to sentence	2872
the offender pursuant to division (B)(3) of section 2971.03 of the	2873
Revised Code.	2874

(6) A person is convicted of or pleads guilty to murder	2875
committed on or after January 1, 2008, and division (B)(2)(C)(1)	2876
of section 2929.02 of the Revised Code requires the court to	2877
sentence the offender pursuant to section 2971.03 of the Revised	2878
Code.	2879

(F) If a person who has been convicted of or pleaded guilty	2880
to a felony is sentenced to a prison term or term of imprisonment	2881
under this section, sectionssection 2929.02 to 2929.06 of the	2882
Revised Code, section 2929.142 of the Revised Code, sectionor	2883
2971.03 of the Revised Code, or any other provision of law,	2884
section 5120.163 of the Revised Code applies regarding the person	2885
while the person is confined in a state correctional institution.	2886

(G) If an offender who is convicted of or pleads guilty to a	2887
felony that is an offense of violence also is convicted of or	2888
pleads guilty to a specification of the type described in section	2889
2941.142 of the Revised Code that charges the offender with having	2890
committed the felony while participating in a criminal gang, the	2891
court shall impose upon the offender an additional prison term of	2892
one, two, or three years.	2893

(H)(1) If an offender who is convicted of or pleads guilty to	2894
aggravated murder, murder, or a felony of the first, second, or	2895
third degree that is an offense of violence also is convicted of	2896
or pleads guilty to a specification of the type described in	2897
section 2941.143 of the Revised Code that charges the offender	2898
with having committed the offense in a school safety zone or	2899
towards a person in a school safety zone, the court shall impose	2900
upon the offender an additional prison term of two years. The	2901
offender shall serve the additional two years consecutively to and	2902
prior to the prison term imposed for the underlying offense.	2903

(2)(a) If an offender is convicted of or pleads guilty to a	2904
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2905
of the Revised Code and to a specification of the type described	2906
in section 2941.1421 of the Revised Code and if the court imposes	2907
a prison term on the offender for the felony violation, the court	2908
may impose upon the offender an additional prison term as follows:	2909

(i) Subject to division (H)(2)(a)(ii) of this section, an	2910
additional prison term of one, two, three, four, five, or six	2911
months;	2912

(ii) If the offender previously has been convicted of or	2913
pleaded guilty to one or more felony or misdemeanor violations of	2914
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2915
Revised Code and also was convicted of or pleaded guilty to a	2916
specification of the type described in section 2941.1421 of the	2917
Revised Code regarding one or more of those violations, an	2918
additional prison term of one, two, three, four, five, six, seven,	2919
eight, nine, ten, eleven, or twelve months.	2920

(b) In lieu of imposing an additional prison term under	2921
division (H)(2)(a) of this section, the court may directly impose	2922
on the offender a sanction that requires the offender to wear a	2923
real-time processing, continual tracking electronic monitoring	2924
device during the period of time specified by the court. The	2925
period of time specified by the court shall equal the duration of	2926
an additional prison term that the court could have imposed upon	2927
the offender under division (H)(2)(a) of this section. A sanction	2928
imposed under this division shall commence on the date specified	2929
by the court, provided that the sanction shall not commence until	2930
after the offender has served the prison term imposed for the	2931
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2932
of the Revised Code and any residential sanction imposed for the	2933
violation under section 2929.16 of the Revised Code. A sanction	2934
imposed under this division shall be considered to be a community	2935
control sanction for purposes of section 2929.15 of the Revised	2936
Code, and all provisions of the Revised Code that pertain to	2937
community control sanctions shall apply to a sanction imposed	2938
under this division, except to the extent that they would by their	2939
nature be clearly inapplicable. The offender shall pay all costs	2940
associated with a sanction imposed under this division, including	2941
the cost of the use of the monitoring device.	2942

(I) At the time of sentencing, the court may recommend the	2943
offender for placement in a program of shock incarceration under	2944
section 5120.031 of the Revised Code or for placement in an	2945
intensive program prison under section 5120.032 of the Revised	2946
Code, disapprove placement of the offender in a program of shock	2947
incarceration or an intensive program prison of that nature, or	2948
make no recommendation on placement of the offender. In no case	2949
shall the department of rehabilitation and correction place the	2950
offender in a program or prison of that nature unless the	2951
department determines as specified in section 5120.031 or 5120.032	2952
of the Revised Code, whichever is applicable, that the offender is	2953
eligible for the placement.	2954

If the court disapproves placement of the offender in a	2955
program or prison of that nature, the department of rehabilitation	2956
and correction shall not place the offender in any program of	2957
shock incarceration or intensive program prison.	2958

If the court recommends placement of the offender in a	2959
program of shock incarceration or in an intensive program prison,	2960
and if the offender is subsequently placed in the recommended	2961
program or prison, the department shall notify the court of the	2962
placement and shall include with the notice a brief description of	2963
the placement.	2964

If the court recommends placement of the offender in a	2965
program of shock incarceration or in an intensive program prison	2966
and the department does not subsequently place the offender in the	2967
recommended program or prison, the department shall send a notice	2968
to the court indicating why the offender was not placed in the	2969
recommended program or prison.	2970

If the court does not make a recommendation under this	2971
division with respect to an offender and if the department	2972
determines as specified in section 5120.031 or 5120.032 of the	2973
Revised Code, whichever is applicable, that the offender is	2974
eligible for placement in a program or prison of that nature, the	2975
department shall screen the offender and determine if there is an	2976
available program of shock incarceration or an intensive program	2977
prison for which the offender is suited. If there is an available	2978
program of shock incarceration or an intensive program prison for	2979
which the offender is suited, the department shall notify the	2980
court of the proposed placement of the offender as specified in	2981
section 5120.031 or 5120.032 of the Revised Code and shall include	2982
with the notice a brief description of the placement. The court	2983
shall have ten days from receipt of the notice to disapprove the	2984
placement.	2985

(J) If a person is convicted of or pleads guilty to	2986
aggravated vehicular homicide in violation of division (A)(1) of	2987
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2988
section applies, the person shall be sentenced pursuant to section	2989
2929.142 of the Revised Code.	2990

Sec. 2941.021.  Any criminal offense whichthat is not	2991
punishable by death or life imprisonment may be prosecuted by	2992
information filed in the common pleas court by the prosecuting	2993
attorney if the defendant, after he hashaving been advised by the	2994
court of the nature of the charge against himthe defendant and of	2995
histhe defendant's rights under the constitution, is represented	2996
by counsel or has affirmatively waived counsel by waiver in	2997
writing and in open court, waives in writing and in open court	2998
prosecution by indictment.	2999

Sec. 2941.14. (A) In an indictment for aggravated murder,	3000
murder, or voluntary or involuntary manslaughter, the manner in	3001
which, or the means by which the death was caused need not be set	3002
forth.	3003

(B) Imposition of the death penalty for aggravated murder is	3004
precluded unless the indictment or count in the indictment	3005
charging the offense specifies one or more of the aggravating	3006
circumstances listed in division (A) of section 2929.04 of the	3007
Revised Code. If more than one aggravating circumstance is	3008
specified to an indictment or count, each shall be in a separately	3009
numbered specification, and if an aggravating circumstance is	3010
specified to a count in an indictment containing more than one	3011
count, such specification shall be identified as to the count to	3012
which it applies.	3013

(C) A specification to an indictment or count in an	3014
indictment charging aggravated murder shall be stated at the end	3015
of the body of the indictment or count, and may be in	3016
substantially the following form:	3017

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	3018
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	3019
Jurors further find and specify that (set forth the applicable	3020
aggravating circumstance listed in divisions (A)(1) to (10) of	3021
section 2929.04 of the Revised Code. The aggravating circumstance	3022
may be stated in the words of the subdivision in which it appears,	3023
or in words sufficient to give the accused notice of the same)."	3024

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	3025
the Revised Code to an offender is precluded unless one of the	3026
following applies:	3027

(a) The offender is charged with a violent sex offense, and	3028
the indictment, count in the indictment, or information charging	3029
the violent sex offense also includes a specification that the	3030
offender is a sexually violent predator, or the offender is	3031
charged with a designated homicide, assault, or kidnapping	3032
offense, and the indictment, count in the indictment, or	3033
information charging the designated homicide, assault, or	3034
kidnapping offense also includes both a specification of the type	3035
described in section 2941.147 of the Revised Code and a	3036
specification that the offender is a sexually violent predator.	3037

(b) The offender is convicted of or pleads guilty to a	3038
violation of division (A)(1)(b) of section 2907.02 of the Revised	3039
Code committed on or after January 2, 2007, and division (B) of	3040
section 2907.02 of the Revised Code does not prohibit the court	3041
from sentencing the offender pursuant to section 2971.03 of the	3042
Revised Code.	3043

(c) The offender is convicted of or pleads guilty to	3044
attempted rape committed on or after January 2, 2007, and to a	3045
specification of the type described in section 2941.1418,	3046
2941.1419, or 2941.1420 of the Revised Code.	3047

(d) The offender is convicted of or pleads guilty to a	3048
violation of section 2905.01 of the Revised Code and to a	3049
specification of the type described in section 2941.147 of the	3050
Revised Code, and section 2905.01 of the Revised Code requires a	3051
court to sentence the offender pursuant to section 2971.03 of the	3052
Revised Code.	3053

(e) The offender is convicted of or pleads guilty to	3054
aggravated murder and to a specification of the type described in	3055
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	3056
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	3057
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	3058
2929.03, or division (A) or (B)(C)(1) of section 2929.062929.02	3059
of the Revised Code requires a court to sentence the offender	3060
pursuant to division (B)(3) of section 2971.03 of the Revised	3061
Code.	3062

(f) The offender is convicted of or pleads guilty to murder	3063
and to a specification of the type described in section 2941.147	3064
of the Revised Code, and division (B)(2)(C)(1) of section 2929.02	3065
of the Revised Code requires a court to sentence the offender	3066
pursuant to section 2971.03 of the Revised Code.	3067

(2) A specification required under division (A)(1)(a) of this	3068
section that an offender is a sexually violent predator shall be	3069
stated at the end of the body of the indictment, count, or	3070
information and shall be stated in substantially the following	3071
form:	3072

"Specification (or, specification to the first count). The	3073
grand jury (or insert the person's or prosecuting attorney's name	3074
when appropriate) further find and specify that the offender is a	3075
sexually violent predator."	3076

(B) In determining for purposes of this section whether a	3077
person is a sexually violent predator, all of the factors set	3078
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	3079
Code that apply regarding the person may be considered as evidence	3080
tending to indicate that it is likely that the person will engage	3081
in the future in one or more sexually violent offenses.	3082

(C) As used in this section, "designated homicide, assault,	3083
or kidnapping offense," "violent sex offense," and "sexually	3084
violent predator" have the same meanings as in section 2971.01 of	3085
the Revised Code.	3086

Sec. 2941.401.  When a person has entered upon a term of	3087
imprisonment in a correctional institution of this state, and when	3088
during the continuance of the term of imprisonment there is	3089
pending in this state any untried indictment, information, or	3090
complaint against the prisoner, hethe prisoner shall be brought	3091
to trial within one hundred eighty days after hethe prisoner	3092
causes to be delivered to the prosecuting attorney and the	3093
appropriate court in which the matter is pending, written notice	3094
of the place of histhe prisoner's imprisonment and a request for	3095
a final disposition to be made of the matter, except that for good	3096
cause shown in open court, with the prisoner or histhe prisoner's	3097
counsel present, the court may grant any necessary or reasonable	3098
continuance. The request of the prisoner shall be accompanied by a	3099
certificate of the warden or superintendent having custody of the	3100
prisoner, stating the term of commitment under which the prisoner	3101
is being held, the time served and remaining to be served on the	3102
sentence, the amount of good time earned, the time of parole	3103
eligibility of the prisoner, and any decisions of the adult parole	3104
authority relating to the prisoner.	3105

The written notice and request for final disposition shall be	3106
given or sent by the prisoner to the warden or superintendent	3107
having custody of himthe prisoner, who shall promptly forward it	3108
with the certificate to the appropriate prosecuting attorney and	3109
court by registered or certified mail, return receipt requested.	3110

The warden or superintendent having custody of the prisoner	3111
shall promptly inform himthe prisoner in writing of the source	3112
and contents of any untried indictment, information, or complaint	3113
against himthe prisoner, concerning which the warden or	3114
superintendent has knowledge, and of histhe prisoner's right to	3115
make a request for final disposition thereof.	3116

Escape from custody by the prisoner, subsequent to histhe	3117
prisoner's execution of the request for final disposition, voids	3118
the request.	3119

If the action is not brought to trial within the time	3120
provided, subject to continuance allowed pursuant to this section,	3121
no court any longer has jurisdiction thereof, the indictment,	3122
information, or complaint is void, and the court shall enter an	3123
order dismissing the action with prejudice.	3124

This section does not apply to any person adjudged to be	3125
mentally ill or who is under sentence of life imprisonment or	3126
death, or to any prisoner under sentence of death.	3127

Sec. 2941.43.  If the convict referred to in section 2941.40	3128
of the Revised Code is acquitted, hethe convict shall be	3129
forthwith returned by the sheriff to the state correctional	3130
institution to serve out the remainder of histhe convict's	3131
sentence. If hethe convict is sentenced to imprisonment in a	3132
state correctional institution, hethe convict shall be returned	3133
to the state correctional institution by the sheriff to serve his	3134
newthe convict's term. If he is sentenced to death, the death	3135
sentence shall be executed as if he were not under sentence of	3136
imprisonment in a state correctional institution.	3137

Sec. 2941.51.  (A) Counsel appointed to a case or selected by	3138
an indigent person under division (E) of section 120.16 or	3139
division (E) of section 120.26 of the Revised Code, or otherwise	3140
appointed by the court, except for counsel appointed by the court	3141
to provide legal representation for a person charged with a	3142
violation of an ordinance of a municipal corporation, shall be	3143
paid for their services by the county the compensation and	3144
expenses that the trial court approves. Each request for payment	3145
shall be accompanied by a financial disclosure form and an	3146
affidavit of indigency that are completed by the indigent person	3147
on forms prescribed by the state public defender. Compensation and	3148
expenses shall not exceed the amounts fixed by the board of county	3149
commissioners pursuant to division (B) of this section.	3150

(B) The board of county commissioners shall establish a	3151
schedule of fees by case or on an hourly basis to be paid by the	3152
county for legal services provided by appointed counsel. Prior to	3153
establishing such schedule, the board shall request the bar	3154
association or associations of the county to submit a proposed	3155
schedule. The schedule submitted shall be subject to the review,	3156
amendment, and approval of the board of county commissioners.	3157

(C) In a case where counsel have been appointed to conduct an	3158
appeal under Chapter 120. of the Revised Code, such compensation	3159
shall be fixed by the court of appeals or the supreme court, as	3160
provided in divisions (A) and (B) of this section.	3161

(D) The fees and expenses approved by the court under this	3162
section shall not be taxed as part of the costs and shall be paid	3163
by the county. However, if the person represented has, or	3164
reasonably may be expected to have, the means to meet some part of	3165
the cost of the services rendered to the person, the person shall	3166
pay the county an amount that the person reasonably can be	3167
expected to pay. Pursuant to section 120.04 of the Revised Code,	3168
the county shall pay to the state public defender a percentage of	3169
the payment received from the person in an amount proportionate to	3170
the percentage of the costs of the person's case that were paid to	3171
the county by the state public defender pursuant to this section.	3172
The money paid to the state public defender shall be credited to	3173
the client payment fund created pursuant to division (B)(5) of	3174
section 120.04 of the Revised Code.	3175

(E) The county auditor shall draw a warrant on the county	3176
treasurer for the payment of such counsel in the amount fixed by	3177
the court, plus the expenses that the court fixes and certifies to	3178
the auditor. The county auditor shall report periodically, but not	3179
less than annually, to the board of county commissioners and to	3180
the Ohio public defender commission the amounts paid out pursuant	3181
to the approval of the court under this section, separately	3182
stating costs and expenses that are reimbursable under section	3183
120.35 of the Revised Code. The board, after review and approval	3184
of the auditor's report, may then certify it to the state public	3185
defender for reimbursement. The request for reimbursement shall be	3186
accompanied by a financial disclosure form completed by each	3187
indigent person for whom counsel was provided on a form prescribed	3188
by the state public defender. The state public defender shall	3189
review the report and, in accordance with the standards,	3190
guidelines, and maximums established pursuant to divisions (B)(7)	3191
and (8) of section 120.04 of the Revised Code, pay fifty per cent	3192
of the total cost, other than costs and expenses that are	3193
reimbursable under section 120.35 of the Revised Code, if any, of	3194
paying appointed counsel in each county and pay fifty per cent of	3195
costs and expenses that are reimbursable under section 120.35 of	3196
the Revised Code, if any, to the board.	3197

(F) If any county system for paying appointed counsel fails	3198
to maintain the standards for the conduct of the system	3199
established by the rules of the Ohio public defender commission	3200
pursuant to divisions (B) and (C) of section 120.03 of the Revised	3201
Code or the standards established by the state public defender	3202
pursuant to division (B)(7) of section 120.04 of the Revised Code,	3203
the commission shall notify the board of county commissioners of	3204
the county that the county system for paying appointed counsel has	3205
failed to comply with its rules. Unless the board corrects the	3206
conduct of its appointed counsel system to comply with the rules	3207
within ninety days after the date of the notice, the state public	3208
defender may deny all or part of the county's reimbursement from	3209
the state provided for in this section.	3210

Sec. 2945.06.  In any case in which a defendant waives his	3211
right to trial by jury and elects to be tried by the court under	3212
section 2945.05 of the Revised Code, any judge of the court in	3213
which the cause is pending shall proceed to hear, try, and	3214
determine the cause in accordance with the rules and in like	3215
manner as if the cause were being tried before a jury. If the	3216
accused is charged with an offense punishable with death, he shall	3217
be tried by a court to be composed of three judges, consisting of	3218
the judge presiding at the time in the trial of criminal cases and	3219
two other judges to be designated by the presiding judge or chief	3220
justice of that court, and in case there is neither a presiding	3221
judge nor a chief justice, by the chief justice of the supreme	3222
court. The judges or a majority of them may decide all questions	3223
of fact and law arising upon the trial; however the accused shall	3224
not be found guilty or not guilty of any offense unless the judges	3225
unanimously find the accused guilty or not guilty. If the accused	3226
pleads guilty of aggravated murder, a court composed of three	3227
judges shall examine the witnesses, determine whether the accused	3228
is guilty of aggravated murder or any other offense, and pronounce	3229
sentence accordingly. The court shall follow the procedures	3230
contained in sections 2929.03 and 2929.04 of the Revised Code in	3231
all cases in which the accused is charged with an offense	3232
punishable by death. If in the composition of the court it is	3233
necessary that a judge from another county be assigned by the	3234
chief justice, the judge from another county shall be compensated	3235
for his services as provided by section 141.07 of the Revised	3236
Code.	3237

Sec. 2945.21.  (A)(1) In criminal cases in which there is	3238
only one defendant, each party, in addition to the challenges for	3239
cause authorized by law, may peremptorily challenge three of the	3240
jurors in misdemeanor cases and four of the jurors in felony cases	3241
other than capital cases. If there is more than one defendant,	3242
each defendant may peremptorily challenge the same number of	3243
jurors as if hethe defendant were the sole defendant.	3244

(2) Notwithstanding Criminal Rule 24, in capital cases in	3245
which there is only one defendant, each party, in addition to the	3246
challenges for cause authorized by law, may peremptorily challenge	3247
twelve of the jurors. If there is more than one defendant, each	3248
defendant may peremptorily challenge the same number of jurors as	3249
if he were the sole defendant.	3250

(3) In any case in which there are multiple defendants, the	3251
prosecuting attorney may peremptorily challenge a number of jurors	3252
equal to the total number of peremptory challenges allowed to all	3253
of the defendants.	3254

(B) If any indictments, informations, or complaints are	3255
consolidated for trial, the consolidated cases shall be	3256
considered, for purposes of exercising peremptory challenges, as	3257
though the defendants or offenses had been joined in the same	3258
indictment, information, or complaint.	3259

(C) The exercise of peremptory challenges authorized by this	3260
section shall be in accordance with the procedures of Criminal	3261
Rule 24.	3262

Sec. 2945.25.  A person called as a juror in a criminal case	3263
may be challenged for the following causes:	3264

(A) That hethe person was a member of the grand jury that	3265
found the indictment in the case;	3266

(B) That hethe person is possessed of a state of mind	3267
evincing enmity or bias toward the defendant or the state; but no	3268
person summoned as a juror shall be disqualified by reason of a	3269
previously formed or expressed opinion with reference to the guilt	3270
or innocence of the accused, if the court is satisfied, from	3271
examination of the juror or from other evidence, that hethe juror	3272
will render an impartial verdict according to the law and the	3273
evidence submitted to the jury at the trial;	3274

(C) In the trial of a capital offense, that he unequivocally	3275
states that under no circumstances will he follow the instructions	3276
of a trial judge and consider fairly the imposition of a sentence	3277
of death in a particular case. A prospective juror's conscientious	3278
or religious opposition to the death penalty in and of itself is	3279
not grounds for a challenge for cause. All parties shall be given	3280
wide latitude in voir dire questioning in this regard.	3281

(D) That hethe person is related by consanguinity or	3282
affinity within the fifth degree to the person alleged to be	3283
injured or attempted to be injured by the offense charged, or to	3284
the person on whose complaint the prosecution was instituted, or	3285
to the defendant;	3286

(E)(D) That hethe person served on a petit jury drawn in the	3287
same cause against the same defendant, and that jury was	3288
discharged after hearing the evidence or rendering a verdict on	3289
the evidence that was set aside;	3290

(F)(E) That hethe person served as a juror in a civil case	3291
brought against the defendant for the same act;	3292

(G)(F) That hethe person has been subpoenaed in good faith	3293
as a witness in the case;	3294

(H)(G) That hethe person is a chronic alcoholic, or drug	3295
dependent person;	3296

(I)(H) That hethe person has been convicted of a crime that	3297
by law disqualifies himthe person from serving on a jury;	3298

(J)(I) That hethe person has an action pending between him	3299
the person and the state or the defendant;	3300

(K)(J) That hethe person or histhe person's spouse is a	3301
party to another action then pending in any court in which an	3302
attorney in the cause then on trial is an attorney, either for or	3303
against himthe person;	3304

(L)(K) That hethe person is the person alleged to be injured	3305
or attempted to be injured by the offense charged, or is the	3306
person on whose complaint the prosecution was instituted, or the	3307
defendant;	3308

(M)(L) That hethe person is the employer or employee, or the	3309
spouse, parent, son, or daughter of the employer or employee, or	3310
the counselor, agent, or attorney of any person included in	3311
division (L)(K) of this section;	3312

(N)(M) That English is not histhe person's native language,	3313
and histhe person's knowledge of English is insufficient to	3314
permit himthe person to understand the facts and law in the case;	3315

(O)(N) That hethe person otherwise is unsuitable for any	3316
other cause to serve as a juror.	3317

The validity of each challenge listed in this section shall	3318
be determined by the court.	3319

Sec. 2945.33.  When a cause is finally submitted the jurors	3320
must be kept together in a convenient place under the charge of an	3321
officer until they agree upon a verdict, or are discharged by the	3322
court. The court, except in cases where the offense charged may be	3323
punishable by death, may permit the jurors to separate during the	3324
adjournment of court overnight, under proper cautions, or under	3325
supervision of an officer. Such officer shall not permit a	3326
communication to be made to them, nor make any himself	3327
communication to them except to ask if they have agreed upon a	3328
verdict, unless hethe officer does so by order of the court. Such	3329
officer shall not communicate to any person, before the verdict is	3330
delivered, any matter in relation to their deliberation. Upon the	3331
trial of any prosecution for misdemeanor, the court may permit the	3332
jury to separate during their deliberation, or upon adjournment of	3333
the court overnight.	3334

In cases where the offense charged may be punished by death,	3335
after the case is finally submitted to the jury, the jurors shall	3336
be kept in charge of the proper officer and proper arrangements	3337
for their care and maintenance shall be made as under section	3338
2945.31 of the Revised Code.	3339

Sec. 2945.38.  (A) If the issue of a defendant's competence	3340
to stand trial is raised and if the court, upon conducting the	3341
hearing provided for in section 2945.37 of the Revised Code, finds	3342
that the defendant is competent to stand trial, the defendant	3343
shall be proceeded against as provided by law. If the court finds	3344
the defendant competent to stand trial and the defendant is	3345
receiving psychotropic drugs or other medication, the court may	3346
authorize the continued administration of the drugs or medication	3347
or other appropriate treatment in order to maintain the	3348
defendant's competence to stand trial, unless the defendant's	3349
attending physician advises the court against continuation of the	3350
drugs, other medication, or treatment.	3351

(B)(1)(a) If, after taking into consideration all relevant	3352
reports, information, and other evidence, the court finds that the	3353
defendant is incompetent to stand trial and that there is a	3354
substantial probability that the defendant will become competent	3355
to stand trial within one year if the defendant is provided with a	3356
course of treatment, the court shall order the defendant to	3357
undergo treatment. If the defendant has been charged with a felony	3358
offense and if, after taking into consideration all relevant	3359
reports, information, and other evidence, the court finds that the	3360
defendant is incompetent to stand trial, but the court is unable	3361
at that time to determine whether there is a substantial	3362
probability that the defendant will become competent to stand	3363
trial within one year if the defendant is provided with a course	3364
of treatment, the court shall order continuing evaluation and	3365
treatment of the defendant for a period not to exceed four months	3366
to determine whether there is a substantial probability that the	3367
defendant will become competent to stand trial within one year if	3368
the defendant is provided with a course of treatment.	3369

(b) The court order for the defendant to undergo treatment or	3370
continuing evaluation and treatment under division (B)(1)(a) of	3371
this section shall specify that the defendant, if determined to	3372
require mental health treatment or continuing evaluation and	3373
treatment, either shall be committed to the department of mental	3374
health for treatment or continuing evaluation and treatment at a	3375
hospital, facility, or agency, as determined to be clinically	3376
appropriate by the department of mental health or shall be	3377
committed to a facility certified by the department of mental	3378
health as being qualified to treat mental illness, to a public or	3379
community mental health facility, or to a psychiatrist or another	3380
mental health professional for treatment or continuing evaluation	3381
and treatment. Prior to placing the defendant, the department of	3382
mental health shall obtain court approval for that placement	3383
following a hearing. The court order for the defendant to undergo	3384
treatment or continuing evaluation and treatment under division	3385
(B)(1)(a) of this section shall specify that the defendant, if	3386
determined to require treatment or continuing evaluation and	3387
treatment for mental retardation, shall receive treatment or	3388
continuing evaluation and treatment at an institution or facility	3389
operated by the department of developmental disabilities, at a	3390
facility certified by the department of developmental disabilities	3391
as being qualified to treat mental retardation, at a public or	3392
private mental retardation facility, or by a psychiatrist or	3393
another mental retardation professional. In any case, the order	3394
may restrict the defendant's freedom of movement as the court	3395
considers necessary. The prosecutor in the defendant's case shall	3396
send to the chief clinical officer of the hospital, facility, or	3397
agency where the defendant is placed by the department of mental	3398
health, or to the managing officer of the institution, the	3399
director of the program or facility, or the person to which the	3400
defendant is committed, copies of relevant police reports and	3401
other background information that pertains to the defendant and is	3402
available to the prosecutor unless the prosecutor determines that	3403
the release of any of the information in the police reports or any	3404
of the other background information to unauthorized persons would	3405
interfere with the effective prosecution of any person or would	3406
create a substantial risk of harm to any person.	3407

In determining the place of commitment, the court shall	3408
consider the extent to which the person is a danger to the person	3409
and to others, the need for security, and the type of crime	3410
involved and shall order the least restrictive alternative	3411
available that is consistent with public safety and treatment	3412
goals. In weighing these factors, the court shall give preference	3413
to protecting public safety.	3414

(c) If the defendant is found incompetent to stand trial, if	3415
the chief clinical officer of the hospital, facility, or agency	3416
where the defendant is placed, or the managing officer of the	3417
institution, the director of the program or facility, or the	3418
person to which the defendant is committed for treatment or	3419
continuing evaluation and treatment under division (B)(1)(b) of	3420
this section determines that medication is necessary to restore	3421
the defendant's competency to stand trial, and if the defendant	3422
lacks the capacity to give informed consent or refuses medication,	3423
the chief clinical officer of the hospital, facility, or agency	3424
where the defendant is placed, or the managing officer of the	3425
institution, the director of the program or facility, or the	3426
person to which the defendant is committed for treatment or	3427
continuing evaluation and treatment may petition the court for	3428
authorization for the involuntary administration of medication.	3429
The court shall hold a hearing on the petition within five days of	3430
the filing of the petition if the petition was filed in a	3431
municipal court or a county court regarding an incompetent	3432
defendant charged with a misdemeanor or within ten days of the	3433
filing of the petition if the petition was filed in a court of	3434
common pleas regarding an incompetent defendant charged with a	3435
felony offense. Following the hearing, the court may authorize the	3436
involuntary administration of medication or may dismiss the	3437
petition.	3438

(2) If the court finds that the defendant is incompetent to	3439
stand trial and that, even if the defendant is provided with a	3440
course of treatment, there is not a substantial probability that	3441
the defendant will become competent to stand trial within one	3442
year, the court shall order the discharge of the defendant, unless	3443
upon motion of the prosecutor or on its own motion, the court	3444
either seeks to retain jurisdiction over the defendant pursuant to	3445
section 2945.39 of the Revised Code or files an affidavit in the	3446
probate court for the civil commitment of the defendant pursuant	3447
to Chapter 5122. or 5123. of the Revised Code alleging that the	3448
defendant is a mentally ill person subject to hospitalization by	3449
court order or a mentally retarded person subject to	3450
institutionalization by court order. If an affidavit is filed in	3451
the probate court, the trial court shall send to the probate court	3452
copies of all written reports of the defendant's mental condition	3453
that were prepared pursuant to section 2945.371 of the Revised	3454
Code.	3455

The trial court may issue the temporary order of detention	3456
that a probate court may issue under section 5122.11 or 5123.71 of	3457
the Revised Code, to remain in effect until the probable cause or	3458
initial hearing in the probate court. Further proceedings in the	3459
probate court are civil proceedings governed by Chapter 5122. or	3460
5123. of the Revised Code.	3461

(C) No defendant shall be required to undergo treatment,	3462
including any continuing evaluation and treatment, under division	3463
(B)(1) of this section for longer than whichever of the following	3464
periods is applicable:	3465

(1) One year, if the most serious offense with which the	3466
defendant is charged is one of the following offenses:	3467

(a) Aggravated murder, murder, or an offense of violence for	3468
which a sentence of death or life imprisonment may be imposed;	3469

(b) An offense of violence that is a felony of the first or	3470
second degree;	3471

(c) A conspiracy to commit, an attempt to commit, or	3472
complicity in the commission of an offense described in division	3473
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	3474
complicity is a felony of the first or second degree.	3475

(2) Six months, if the most serious offense with which the	3476
defendant is charged is a felony other than a felony described in	3477
division (C)(1) of this section;	3478

(3) Sixty days, if the most serious offense with which the	3479
defendant is charged is a misdemeanor of the first or second	3480
degree;	3481

(4) Thirty days, if the most serious offense with which the	3482
defendant is charged is a misdemeanor of the third or fourth	3483
degree, a minor misdemeanor, or an unclassified misdemeanor.	3484

(D) Any defendant who is committed pursuant to this section	3485
shall not voluntarily admit the defendant or be voluntarily	3486
admitted to a hospital or institution pursuant to section 5122.02,	3487
5122.15, 5123.69, or 5123.76 of the Revised Code.	3488

(E) Except as otherwise provided in this division, a	3489
defendant who is charged with an offense and is committed by the	3490
court under this section to the department of mental health or is	3491
committed to an institution or facility for the treatment of	3492
mental retardation shall not be granted unsupervised on-grounds	3493
movement, supervised off-grounds movement, or nonsecured status	3494
except in accordance with the court order. The court may grant a	3495
defendant supervised off-grounds movement to obtain medical	3496
treatment or specialized habilitation treatment services if the	3497
person who supervises the treatment or the continuing evaluation	3498
and treatment of the defendant ordered under division (B)(1)(a) of	3499
this section informs the court that the treatment or continuing	3500
evaluation and treatment cannot be provided at the hospital or	3501
facility where the defendant is placed by the department of mental	3502
health or the institution or facility to which the defendant is	3503
committed. The chief clinical officer of the hospital or facility	3504
where the defendant is placed by the department of mental health	3505
or the managing officer of the institution or director of the	3506
facility to which the defendant is committed, or a designee of any	3507
of those persons, may grant a defendant movement to a medical	3508
facility for an emergency medical situation with appropriate	3509
supervision to ensure the safety of the defendant, staff, and	3510
community during that emergency medical situation. The chief	3511
clinical officer of the hospital or facility where the defendant	3512
is placed by the department of mental health or the managing	3513
officer of the institution or director of the facility to which	3514
the defendant is committed shall notify the court within	3515
twenty-four hours of the defendant's movement to the medical	3516
facility for an emergency medical situation under this division.	3517

(F) The person who supervises the treatment or continuing	3518
evaluation and treatment of a defendant ordered to undergo	3519
treatment or continuing evaluation and treatment under division	3520
(B)(1)(a) of this section shall file a written report with the	3521
court at the following times:	3522

(1) Whenever the person believes the defendant is capable of	3523
understanding the nature and objective of the proceedings against	3524
the defendant and of assisting in the defendant's defense;	3525

(2) For a felony offense, fourteen days before expiration of	3526
the maximum time for treatment as specified in division (C) of	3527
this section and fourteen days before the expiration of the	3528
maximum time for continuing evaluation and treatment as specified	3529
in division (B)(1)(a) of this section, and, for a misdemeanor	3530
offense, ten days before the expiration of the maximum time for	3531
treatment, as specified in division (C) of this section;	3532

(3) At a minimum, after each six months of treatment;

3533

(4) Whenever the person who supervises the treatment or	3534
continuing evaluation and treatment of a defendant ordered under	3535
division (B)(1)(a) of this section believes that there is not a	3536
substantial probability that the defendant will become capable of	3537
understanding the nature and objective of the proceedings against	3538
the defendant or of assisting in the defendant's defense even if	3539
the defendant is provided with a course of treatment.	3540

(G) A report under division (F) of this section shall contain	3541
the examiner's findings, the facts in reasonable detail on which	3542
the findings are based, and the examiner's opinion as to the	3543
defendant's capability of understanding the nature and objective	3544
of the proceedings against the defendant and of assisting in the	3545
defendant's defense. If, in the examiner's opinion, the defendant	3546
remains incapable of understanding the nature and objective of the	3547
proceedings against the defendant and of assisting in the	3548
defendant's defense and there is a substantial probability that	3549
the defendant will become capable of understanding the nature and	3550
objective of the proceedings against the defendant and of	3551
assisting in the defendant's defense if the defendant is provided	3552
with a course of treatment, if in the examiner's opinion the	3553
defendant remains mentally ill or mentally retarded, and if the	3554
maximum time for treatment as specified in division (C) of this	3555
section has not expired, the report also shall contain the	3556
examiner's recommendation as to the least restrictive placement or	3557
commitment alternative that is consistent with the defendant's	3558
treatment needs for restoration to competency and with the safety	3559
of the community. The court shall provide copies of the report to	3560
the prosecutor and defense counsel.	3561

(H) If a defendant is committed pursuant to division (B)(1)	3562
of this section, within ten days after the treating physician of	3563
the defendant or the examiner of the defendant who is employed or	3564
retained by the treating facility advises that there is not a	3565
substantial probability that the defendant will become capable of	3566
understanding the nature and objective of the proceedings against	3567
the defendant or of assisting in the defendant's defense even if	3568
the defendant is provided with a course of treatment, within ten	3569
days after the expiration of the maximum time for treatment as	3570
specified in division (C) of this section, within ten days after	3571
the expiration of the maximum time for continuing evaluation and	3572
treatment as specified in division (B)(1)(a) of this section,	3573
within thirty days after a defendant's request for a hearing that	3574
is made after six months of treatment, or within thirty days after	3575
being advised by the treating physician or examiner that the	3576
defendant is competent to stand trial, whichever is the earliest,	3577
the court shall conduct another hearing to determine if the	3578
defendant is competent to stand trial and shall do whichever of	3579
the following is applicable:	3580

(1) If the court finds that the defendant is competent to	3581
stand trial, the defendant shall be proceeded against as provided	3582
by law.	3583

(2) If the court finds that the defendant is incompetent to	3584
stand trial, but that there is a substantial probability that the	3585
defendant will become competent to stand trial if the defendant is	3586
provided with a course of treatment, and the maximum time for	3587
treatment as specified in division (C) of this section has not	3588
expired, the court, after consideration of the examiner's	3589
recommendation, shall order that treatment be continued, may	3590
change the facility or program at which the treatment is to be	3591
continued, and shall specify whether the treatment is to be	3592
continued at the same or a different facility or program.	3593

(3) If the court finds that the defendant is incompetent to	3594
stand trial, if the defendant is charged with an offense listed in	3595
division (C)(1) of this section, and if the court finds that there	3596
is not a substantial probability that the defendant will become	3597
competent to stand trial even if the defendant is provided with a	3598
course of treatment, or if the maximum time for treatment relative	3599
to that offense as specified in division (C) of this section has	3600
expired, further proceedings shall be as provided in sections	3601
2945.39, 2945.401, and 2945.402 of the Revised Code.	3602

(4) If the court finds that the defendant is incompetent to	3603
stand trial, if the most serious offense with which the defendant	3604
is charged is a misdemeanor or a felony other than a felony listed	3605
in division (C)(1) of this section, and if the court finds that	3606
there is not a substantial probability that the defendant will	3607
become competent to stand trial even if the defendant is provided	3608
with a course of treatment, or if the maximum time for treatment	3609
relative to that offense as specified in division (C) of this	3610
section has expired, the court shall dismiss the indictment,	3611
information, or complaint against the defendant. A dismissal under	3612
this division is not a bar to further prosecution based on the	3613
same conduct. The court shall discharge the defendant unless the	3614
court or prosecutor files an affidavit in probate court for civil	3615
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	3616
If an affidavit for civil commitment is filed, the court may	3617
detain the defendant for ten days pending civil commitment. All of	3618
the following provisions apply to persons charged with a	3619
misdemeanor or a felony other than a felony listed in division	3620
(C)(1) of this section who are committed by the probate court	3621
subsequent to the court's or prosecutor's filing of an affidavit	3622
for civil commitment under authority of this division:	3623

(a) The chief clinical officer of the entity, hospital, or	3624
facility, the managing officer of the institution, the director of	3625
the program, or the person to which the defendant is committed or	3626
admitted shall do all of the following:	3627

(i) Notify the prosecutor, in writing, of the discharge of	3628
the defendant, send the notice at least ten days prior to the	3629
discharge unless the discharge is by the probate court, and state	3630
in the notice the date on which the defendant will be discharged;	3631

(ii) Notify the prosecutor, in writing, when the defendant is	3632
absent without leave or is granted unsupervised, off-grounds	3633
movement, and send this notice promptly after the discovery of the	3634
absence without leave or prior to the granting of the	3635
unsupervised, off-grounds movement, whichever is applicable;	3636

(iii) Notify the prosecutor, in writing, of the change of the	3637
defendant's commitment or admission to voluntary status, send the	3638
notice promptly upon learning of the change to voluntary status,	3639
and state in the notice the date on which the defendant was	3640
committed or admitted on a voluntary status.	3641

(b) Upon receiving notice that the defendant will be granted	3642
unsupervised, off-grounds movement, the prosecutor either shall	3643
re-indict the defendant or promptly notify the court that the	3644
prosecutor does not intend to prosecute the charges against the	3645
defendant.	3646

(I) If a defendant is convicted of a crime and sentenced to a	3647
jail or workhouse, the defendant's sentence shall be reduced by	3648
the total number of days the defendant is confined for evaluation	3649
to determine the defendant's competence to stand trial or	3650
treatment under this section and sections 2945.37 and 2945.371 of	3651
the Revised Code or by the total number of days the defendant is	3652
confined for evaluation to determine the defendant's mental	3653
condition at the time of the offense charged.	3654

Sec. 2949.02.  (A) If a person is convicted of any bailable	3655
offense, including, but not limited to, a violation of an	3656
ordinance of a municipal corporation, in a municipal or county	3657
court or in a court of common pleas and if the person gives to the	3658
trial judge or magistrate a written notice of the person's	3659
intention to file or apply for leave to file an appeal to the	3660
court of appeals, the trial judge or magistrate may suspend,	3661
subject to division (A)(2)(b) of section 2953.09 of the Revised	3662
Code, execution of the sentence or judgment imposed for any fixed	3663
time that will give the person time either to prepare and file, or	3664
to apply for leave to file, the appeal. In all bailable cases,	3665
except as provided in division (B) of this section, the trial	3666
judge or magistrate may release the person on bail in accordance	3667
with Criminal Rule 46, and the bail shall at least be conditioned	3668
that the person will appeal without delay and abide by the	3669
judgment and sentence of the court.	3670

(B) Notwithstanding any provision of Criminal Rule 46 to the	3671
contrary, a trial judge of a court of common pleas shall not	3672
release on bail pursuant to division (A) of this section a person	3673
who is convicted of a bailable offense if the person is sentenced	3674
to imprisonment for life or if that offense is a violation of	3675
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,	3676
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11	3677
of the Revised Code or is felonious sexual penetration in	3678
violation of former section 2907.12 of the Revised Code.	3679

(C) If a trial judge of a court of common pleas is prohibited	3680
by division (B) of this section from releasing on bail pursuant to	3681
division (A) of this section a person who is convicted of a	3682
bailable offense and not sentenced to imprisonment for life, the	3683
appropriate court of appeals or two judges of it, upon motion of	3684
such a person and for good cause shown, may release the person on	3685
bail in accordance with Appellate Rule 8 and Criminal Rule 46, and	3686
the bail shall at least be conditioned as described in division	3687
(A) of this section.	3688

Sec. 2949.03.  If a judgment of conviction by a court of	3689
common pleas, municipal court, or county court is affirmed by a	3690
court of appeals and remanded to the trial court for execution of	3691
the sentence or judgment imposed, and the person so convicted	3692
gives notice of histhe person's intention to file a notice of	3693
appeal to the supreme court, the trial court, on the filing of a	3694
motion by such person within three days after the rendition by the	3695
court of appeals of the judgment of affirmation, may further	3696
suspend, subject to division (A)(2)(b) of section 2953.09 of the	3697
Revised Code, the execution of the sentence or judgment imposed	3698
for a time sufficient to give such person an opportunity to file a	3699
notice of appeal to the supreme court, but the sentence or	3700
judgment imposed shall not be suspended more than thirty days for	3701
that purpose.	3702

Sec. 2953.02.  In a capital case in which a sentence of death	3703
is imposed for an offense committed before January 1, 1995, and in	3704
any other criminal case, including a conviction for the violation	3705
of an ordinance of a municipal corporation, the judgment or final	3706
order of a court of record inferior to the court of appeals may be	3707
reviewed in the court of appeals. A final order of an	3708
administrative officer or agency may be reviewed in the court of	3709
common pleas. A judgment or final order of the court of appeals	3710
involving a question arising under the Constitution of the United	3711
States or of this state may be appealed to the supreme court as a	3712
matter of right. This right of appeal from judgments and final	3713
orders of the court of appeals shall extend to cases in which a	3714
sentence of death is imposed for an offense committed before	3715
January 1, 1995, and in which the death penalty has been affirmed,	3716
felony cases in which the supreme court has directed the court of	3717
appeals to certify its record, and in all other criminal cases of	3718
public or general interest wherein the supreme court has granted a	3719
motion to certify the record of the court of appeals. In a capital	3720
case in which a sentence of death is imposed for an offense	3721
committed on or after January 1, 1995, the judgment or final order	3722
may be appealed from the trial court directly to the supreme court	3723
as a matter of right. The supreme court in criminal cases shall	3724
not be required to determine as to the weight of the evidence,	3725
except that, in cases in which a sentence of death is imposed for	3726
an offense committed on or after January 1, 1995, and in which the	3727
question of the weight of the evidence to support the judgment has	3728
been raised on appeal, the supreme court shall determine as to the	3729
weight of the evidence to support the judgment and shall determine	3730
as to the weight of the evidence to support the sentence of death	3731
as provided in section 2929.05 of the Revised Code.	3732

Sec. 2953.07. (A) Upon the hearing of an appeal other than	3733
an appeal from a mayor's court, the appellate court may affirm the	3734
judgment or reverse it, in whole or in part, or modify it, and	3735
order the accused to be discharged or grant a new trial. The	3736
appellate court may remand the accused for the sole purpose of	3737
correcting a sentence imposed contrary to law, provided that, on	3738
an appeal of a sentence imposed upon a person who is convicted of	3739
or pleads guilty to a felony that is brought under section 2953.08	3740
of the Revised Code, division (G) of that section applies to the	3741
court. If the judgment is reversed, the appellant shall recover	3742
from the appellee all court costs incurred to secure the reversal,	3743
including the cost of transcripts. In capital cases, when the	3744
judgment is affirmed and the day fixed for the execution is	3745
passed, the appellate court shall appoint a day for it, and the	3746
clerk of the appellate court shall issue a warrant under the seal	3747
of the appellate court, to the sheriff of the proper county, or	3748
the warden of the appropriate state correctional institution,	3749
commanding the sheriff or warden to carry the sentence into	3750
execution on the day so appointed. The sheriff or warden shall	3751
execute and return the warrant as in other cases, and the clerk	3752
shall record the warrant and return.	3753

(B) As used in this section, "appellate court" means, for a	3754
case in which a sentence of death is imposed for an offense	3755
committed before January 1, 1995, both the court of appeals and	3756
the supreme court, and for a case in which a sentence of death is	3757
imposed for an offense committed on or after January 1, 1995, the	3758
supreme court.	3759

Sec. 2953.08.  (A) In addition to any other right to appeal	3760
and except as provided in division (D) of this section, a	3761
defendant who is convicted of or pleads guilty to a felony may	3762
appeal as a matter of right the sentence imposed upon the	3763
defendant on one of the following grounds:	3764

(1) The sentence consisted of or included the maximum prison	3765
term allowed for the offense by division (A) of section 2929.14 or	3766
section 2929.142 of the Revised Code, the maximum prison term was	3767
not required for the offense pursuant to Chapter 2925. or any	3768
other provision of the Revised Code, and the court imposed the	3769
sentence under one of the following circumstances:	3770

(a) The sentence was imposed for only one offense.

3771

(b) The sentence was imposed for two or more offenses arising	3772
out of a single incident, and the court imposed the maximum prison	3773
term for the offense of the highest degree.	3774

(2) The sentence consisted of or included a prison term and	3775
the offense for which it was imposed is a felony of the fourth or	3776
fifth degree or is a felony drug offense that is a violation of a	3777
provision of Chapter 2925. of the Revised Code and that is	3778
specified as being subject to division (B) of section 2929.13 of	3779
the Revised Code for purposes of sentencing. If the court	3780
specifies that it found one or more of the factors in division	3781
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative	3782
to the defendant, the defendant is not entitled under this	3783
division to appeal as a matter of right the sentence imposed upon	3784
the offender.	3785

(3) The person was convicted of or pleaded guilty to a	3786
violent sex offense or a designated homicide, assault, or	3787
kidnapping offense, was adjudicated a sexually violent predator in	3788
relation to that offense, and was sentenced pursuant to division	3789
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3790
of the indefinite term imposed pursuant to division (A)(3) of	3791
section 2971.03 of the Revised Code is the longest term available	3792
for the offense from among the range of terms listed in section	3793
2929.14 of the Revised Code. As used in this division, "designated	3794
homicide, assault, or kidnapping offense" and "violent sex	3795
offense" have the same meanings as in section 2971.01 of the	3796
Revised Code. As used in this division, "adjudicated a sexually	3797
violent predator" has the same meaning as in section 2929.01 of	3798
the Revised Code, and a person is "adjudicated a sexually violent	3799
predator" in the same manner and the same circumstances as are	3800
described in that section.	3801

(4) The sentence is contrary to law.

3802

(5) The sentence consisted of an additional prison term of	3803
ten years imposed pursuant to division (B)(2)(a) of section	3804
2929.14 of the Revised Code.	3805

(B) In addition to any other right to appeal and except as	3806
provided in division (D) of this section, a prosecuting attorney,	3807
a city director of law, village solicitor, or similar chief legal	3808
officer of a municipal corporation, or the attorney general, if	3809
one of those persons prosecuted the case, may appeal as a matter	3810
of right a sentence imposed upon a defendant who is convicted of	3811
or pleads guilty to a felony or, in the circumstances described in	3812
division (B)(3) of this section the modification of a sentence	3813
imposed upon such a defendant, on any of the following grounds:	3814

(1) The sentence did not include a prison term despite a	3815
presumption favoring a prison term for the offense for which it	3816
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3817
the Revised Code.	3818

(2) The sentence is contrary to law.

3819

(3) The sentence is a modification under section 2929.20 of	3820
the Revised Code of a sentence that was imposed for a felony of	3821
the first or second degree.	3822

(C)(1) In addition to the right to appeal a sentence granted	3823
under division (A) or (B) of this section, a defendant who is	3824
convicted of or pleads guilty to a felony may seek leave to appeal	3825
a sentence imposed upon the defendant on the basis that the	3826
sentencing judge has imposed consecutive sentences under division	3827
(C)(3) of section 2929.14 of the Revised Code and that the	3828
consecutive sentences exceed the maximum prison term allowed by	3829
division (A) of that section for the most serious offense of which	3830
the defendant was convicted. Upon the filing of a motion under	3831
this division, the court of appeals may grant leave to appeal the	3832
sentence if the court determines that the allegation included as	3833
the basis of the motion is true.	3834

(2) A defendant may seek leave to appeal an additional	3835
sentence imposed upon the defendant pursuant to division (B)(2)(a)	3836
or (b) of section 2929.14 of the Revised Code if the additional	3837
sentence is for a definite prison term that is longer than five	3838
years.	3839

(D)(1) A sentence imposed upon a defendant is not subject to	3840
review under this section if the sentence is authorized by law,	3841
has been recommended jointly by the defendant and the prosecution	3842
in the case, and is imposed by a sentencing judge.	3843

(2) Except as provided in division (C)(2) of this section, a	3844
sentence imposed upon a defendant is not subject to review under	3845
this section if the sentence is imposed pursuant to division	3846
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	3847
otherwise provided in this division, a defendant retains all	3848
rights to appeal as provided under this chapter or any other	3849
provision of the Revised Code. A defendant has the right to appeal	3850
under this chapter or any other provision of the Revised Code the	3851
court's application of division (B)(2)(c) of section 2929.14 of	3852
the Revised Code.	3853

(3) A sentence imposed for aggravated murder or murder	3854
pursuant to sectionssection 2929.02 to 2929.06 of the Revised	3855
Code is not subject to review under this section.	3856

(E) A defendant, prosecuting attorney, city director of law,	3857
village solicitor, or chief municipal legal officer shall file an	3858
appeal of a sentence under this section to a court of appeals	3859
within the time limits specified in Rule 4(B) of the Rules of	3860
Appellate Procedure, provided that if the appeal is pursuant to	3861
division (B)(3) of this section, the time limits specified in that	3862
rule shall not commence running until the court grants the motion	3863
that makes the sentence modification in question. A sentence	3864
appeal under this section shall be consolidated with any other	3865
appeal in the case. If no other appeal is filed, the court of	3866
appeals may review only the portions of the trial record that	3867
pertain to sentencing.	3868

(F) On the appeal of a sentence under this section, the	3869
record to be reviewed shall include all of the following, as	3870
applicable:	3871

(1) Any presentence, psychiatric, or other investigative	3872
report that was submitted to the court in writing before the	3873
sentence was imposed. An appellate court that reviews a	3874
presentence investigation report prepared pursuant to section	3875
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3876
connection with the appeal of a sentence under this section shall	3877
comply with division (D)(3) of section 2951.03 of the Revised Code	3878
when the appellate court is not using the presentence	3879
investigation report, and the appellate court's use of a	3880
presentence investigation report of that nature in connection with	3881
the appeal of a sentence under this section does not affect the	3882
otherwise confidential character of the contents of that report as	3883
described in division (D)(1) of section 2951.03 of the Revised	3884
Code and does not cause that report to become a public record, as	3885
defined in section 149.43 of the Revised Code, following the	3886
appellate court's use of the report.	3887

(2) The trial record in the case in which the sentence was	3888
imposed;	3889

(3) Any oral or written statements made to or by the court at	3890
the sentencing hearing at which the sentence was imposed;	3891

(4) Any written findings that the court was required to make	3892
in connection with the modification of the sentence pursuant to a	3893
judicial release under division (I) of section 2929.20 of the	3894
Revised Code.	3895

(G)(1) If the sentencing court was required to make the	3896
findings required by division (B) or (D) of section 2929.13 or	3897
division (I) of section 2929.20 of the Revised Code, or to state	3898
the findings of the trier of fact required by division (B)(2)(e)	3899
of section 2929.14 of the Revised Code, relative to the imposition	3900
or modification of the sentence, and if the sentencing court	3901
failed to state the required findings on the record, the court	3902
hearing an appeal under division (A), (B), or (C) of this section	3903
shall remand the case to the sentencing court and instruct the	3904
sentencing court to state, on the record, the required findings.	3905

(2) The court hearing an appeal under division (A), (B), or	3906
(C) of this section shall review the record, including the	3907
findings underlying the sentence or modification given by the	3908
sentencing court.	3909

The appellate court may increase, reduce, or otherwise modify	3910
a sentence that is appealed under this section or may vacate the	3911
sentence and remand the matter to the sentencing court for	3912
resentencing. The appellate court's standard for review is not	3913
whether the sentencing court abused its discretion. The appellate	3914
court may take any action authorized by this division if it	3915
clearly and convincingly finds either of the following:	3916

(a) That the record does not support the sentencing court's	3917
findings under division (B) or (D) of section 2929.13, division	3918
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	3919
2929.20 of the Revised Code, whichever, if any, is relevant;	3920

(b) That the sentence is otherwise contrary to law.

3921

(H) A judgment or final order of a court of appeals under	3922
this section may be appealed, by leave of court, to the supreme	3923
court.	3924

Sec. 2953.09.  (A)(1) Upon filing an appeal in the supreme	3925
court, the execution of the sentence or judgment imposed in cases	3926
of felony is suspended.	3927

(2)(a) If a notice of appeal is filed pursuant to the Rules	3928
of Appellate Procedure by a defendant who is convicted in a	3929
municipal or county court or a court of common pleas of a felony	3930
or misdemeanor under the Revised Code or an ordinance of a	3931
municipal corporation, the filing of the notice of appeal does not	3932
suspend execution of the sentence or judgment imposed. However,	3933
consistent with divisions (A)(2)(b), (B), and (C) of this section,	3934
Appellate Rule 8, and Criminal Rule 46, the municipal or county	3935
court, court of common pleas, or court of appeals may suspend	3936
execution of the sentence or judgment imposed during the pendency	3937
of the appeal and shall determine whether that defendant is	3938
entitled to bail and the amount and nature of any bail that is	3939
required. The bail shall at least be conditioned that the	3940
defendant will prosecute the appeal without delay and abide by the	3941
judgment and sentence of the court.	3942

(b)(i) A court of common pleas or court of appeals may	3943
suspend the execution of a sentence of death imposed for an	3944
offense committed before January 1, 1995, only if no date for	3945
execution has been set by the supreme court, good cause is shown	3946
for the suspension, the defendant files a motion requesting the	3947
suspension, and notice has been given to the prosecuting attorney	3948
of the appropriate county.	3949

(ii) A court of common pleas may suspend the execution of a	3950
sentence of death imposed for an offense committed on or after	3951
January 1, 1995, only if no date for execution has been set by the	3952
supreme court, good cause is shown, the defendant files a motion	3953
requesting the suspension, and notice has been given to the	3954
prosecuting attorney of the appropriate county.	3955

(iii) A court of common pleas or court of appeals may suspend	3956
the execution of the sentence or judgment imposed for a felony in	3957
a capital case in which a sentence of death is not imposed only if	3958
no date for execution of the sentence has been set by the supreme	3959
court, good cause is shown for the suspension, the defendant files	3960
a motion requesting the suspension, and only after notice has been	3961
given to the prosecuting attorney of the appropriate county.	3962

(B) Notwithstanding any provision of Criminal Rule 46 to the	3963
contrary, a trial judge of a court of common pleas shall not	3964
release on bail pursuant to division (A)(2)(a) of this section a	3965
defendant who is convicted of a bailable offense if the defendant	3966
is sentenced to imprisonment for life or if that offense is a	3967
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,	3968
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or	3969
2911.11 of the Revised Code or is felonious sexual penetration in	3970
violation of former section 2907.12 of the Revised Code.	3971

(C) If a trial judge of a court of common pleas is prohibited	3972
by division (B) of this section from releasing on bail pursuant to	3973
division (A)(2)(a) of this section a defendant who is convicted of	3974
a bailable offense and not sentenced to imprisonment for life, the	3975
appropriate court of appeals or two judges of it, upon motion of	3976
the defendant and for good cause shown, may release the defendant	3977
on bail in accordance with division (A)(2) of this section.	3978

Sec. 2953.10.  When an appeal is taken from a court of	3979
appeals to the supreme court, the supreme court has the same power	3980
and authority to suspend the execution of sentence during the	3981
pendency of the appeal and admit the defendant to bail as does the	3982
court of appeals unless another section of the Revised Code or the	3983
Rules of Practice of the Supreme Court specify a distinct bail or	3984
suspension of sentence authority.	3985

When an appeal in a case in which a sentence of death is	3986
imposed for an offense committed on or after January 1, 1995, is	3987
taken directly from the trial court to the supreme court, the	3988
supreme court has the same power and authority to suspend the	3989
execution of the sentence during the pendency of the appeal and	3990
admit the defendant to bail as does the court of appeals for cases	3991
in which a sentence of death is imposed for an offense committed	3992
before January 1, 1995, unless another section of the Revised Code	3993
or the Rules of Practice of the Supreme Court specify a distinct	3994
bail or suspension of sentence authority.	3995

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	3996
a criminal offense or adjudicated a delinquent child and who	3997
claims that there was such a denial or infringement of the	3998
person's rights as to render the judgment void or voidable under	3999
the Ohio Constitution or the Constitution of the United States,	4000
and any person who has been convicted of a criminal offense that	4001
is a felony and who is an offender for whom DNA testing that was	4002
performed under sections 2953.71 to 2953.81 of the Revised Code or	4003
under former section 2953.82 of the Revised Code and analyzed in	4004
the context of and upon consideration of all available admissible	4005
evidence related to the person's case as described in division (D)	4006
of section 2953.74 of the Revised Code provided results that	4007
establish, by clear and convincing evidence, actual innocence of	4008
that felony offense or, if the person was sentenced to death,	4009
establish, by clear and convincing evidence, actual innocence of	4010
the aggravating circumstance or circumstances the person was found	4011
guilty of committing and that is or are the basis of that sentence	4012
of death, may file a petition in the court that imposed sentence,	4013
stating the grounds for relief relied upon, and asking the court	4014
to vacate or set aside the judgment or sentence or to grant other	4015
appropriate relief. The petitioner may file a supporting affidavit	4016
and other documentary evidence in support of the claim for relief.	4017

(b) As used in division (A)(1)(a) of this section, "actual	4018
innocence" means that, had the results of the DNA testing	4019
conducted under sections 2953.71 to 2953.81 of the Revised Code or	4020
under former section 2953.82 of the Revised Code been presented at	4021
trial, and had those results been analyzed in the context of and	4022
upon consideration of all available admissible evidence related to	4023
the person's case as described in division (D) of section 2953.74	4024
of the Revised Code, no reasonable factfinder would have found the	4025
petitioner guilty of the offense of which the petitioner was	4026
convicted, or, if the person was sentenced to death, no reasonable	4027
factfinder would have found the petitioner guilty of the	4028
aggravating circumstance or circumstances the petitioner was found	4029
guilty of committing and that is or are the basis of that sentence	4030
of death.	4031

(c) As used in divisions (A)(1)(a) and (b) of this section,	4032
"former section 2953.82 of the Revised Code" means section 2953.82	4033
of the Revised Code as it existed prior to the effective date of	4034
this amendmentJuly 6, 2010.	4035

(2) Except as otherwise provided in section 2953.23 of the	4036
Revised Code, a petition under division (A)(1) of this section	4037
shall be filed no later than one hundred eighty days after the	4038
date on which the trial transcript is filed in the court of	4039
appeals in the direct appeal of the judgment of conviction or	4040
adjudication or, if the direct appeal involves a sentence of	4041
death, the date on which the trial transcript is filed in the	4042
supreme court. If no appeal is taken, except as otherwise provided	4043
in section 2953.23 of the Revised Code, the petition shall be	4044
filed no later than one hundred eighty days after the expiration	4045
of the time for filing the appeal.	4046

(3) In a petition filed under division (A) of this section, a	4047
person who has been sentenced to death may ask the court to render	4048
void or voidable the judgment with respect to the conviction of	4049
aggravated murder or the specification of an aggravating	4050
circumstance or the sentence of death.	4051

(4) A petitioner shall state in the original or amended	4052
petition filed under division (A) of this section all grounds for	4053
relief claimed by the petitioner. Except as provided in section	4054
2953.23 of the Revised Code, any ground for relief that is not so	4055
stated in the petition is waived.	4056

(5)(4) If the petitioner in a petition filed under division	4057
(A) of this section was convicted of or pleaded guilty to a	4058
felony, the petition may include a claim that the petitioner was	4059
denied the equal protection of the laws in violation of the Ohio	4060
Constitution or the United States Constitution because the	4061
sentence imposed upon the petitioner for the felony was part of a	4062
consistent pattern of disparity in sentencing by the judge who	4063
imposed the sentence, with regard to the petitioner's race,	4064
gender, ethnic background, or religion. If the supreme court	4065
adopts a rule requiring a court of common pleas to maintain	4066
information with regard to an offender's race, gender, ethnic	4067
background, or religion, the supporting evidence for the petition	4068
shall include, but shall not be limited to, a copy of that type of	4069
information relative to the petitioner's sentence and copies of	4070
that type of information relative to sentences that the same judge	4071
imposed upon other persons.	4072

(B) The clerk of the court in which the petition is filed	4073
shall docket the petition and bring it promptly to the attention	4074
of the court. The clerk of the court in which the petition is	4075
filed immediately shall forward a copy of the petition to the	4076
prosecuting attorney of that county.	4077

(C) The court shall consider a petition that is timely filed	4078
under division (A)(2) of this section even if a direct appeal of	4079
the judgment is pending. Before granting a hearing on a petition	4080
filed under division (A) of this section, the court shall	4081
determine whether there are substantive grounds for relief. In	4082
making such a determination, the court shall consider, in addition	4083
to the petition, the supporting affidavits, and the documentary	4084
evidence, all the files and records pertaining to the proceedings	4085
against the petitioner, including, but not limited to, the	4086
indictment, the court's journal entries, the journalized records	4087
of the clerk of the court, and the court reporter's transcript.	4088
The court reporter's transcript, if ordered and certified by the	4089
court, shall be taxed as court costs. If the court dismisses the	4090
petition, it shall make and file findings of fact and conclusions	4091
of law with respect to such dismissal.	4092

(D) Within ten days after the docketing of the petition, or	4093
within any further time that the court may fix for good cause	4094
shown, the prosecuting attorney shall respond by answer or motion.	4095
Within twenty days from the date the issues are raised, either	4096
party may move for summary judgment. The right to summary judgment	4097
shall appear on the face of the record.	4098

(E) Unless the petition and the files and records of the case	4099
show the petitioner is not entitled to relief, the court shall	4100
proceed to a prompt hearing on the issues even if a direct appeal	4101
of the case is pending. If the court notifies the parties that it	4102
has found grounds for granting relief, either party may request an	4103
appellate court in which a direct appeal of the judgment is	4104
pending to remand the pending case to the court.	4105

(F) At any time before the answer or motion is filed, the	4106
petitioner may amend the petition with or without leave or	4107
prejudice to the proceedings. The petitioner may amend the	4108
petition with leave of court at any time thereafter.	4109

(G) If the court does not find grounds for granting relief,	4110
it shall make and file findings of fact and conclusions of law and	4111
shall enter judgment denying relief on the petition. If no direct	4112
appeal of the case is pending and the court finds grounds for	4113
relief or if a pending direct appeal of the case has been remanded	4114
to the court pursuant to a request made pursuant to division (E)	4115
of this section and the court finds grounds for granting relief,	4116
it shall make and file findings of fact and conclusions of law and	4117
shall enter a judgment that vacates and sets aside the judgment in	4118
question, and, in the case of a petitioner who is a prisoner in	4119
custody, shall discharge or resentence the petitioner or grant a	4120
new trial as the court determines appropriate. The court also may	4121
make supplementary orders to the relief granted, concerning such	4122
matters as rearraignment, retrial, custody, and bail. If the trial	4123
court's order granting the petition is reversed on appeal and if	4124
the direct appeal of the case has been remanded from an appellate	4125
court pursuant to a request under division (E) of this section,	4126
the appellate court reversing the order granting the petition	4127
shall notify the appellate court in which the direct appeal of the	4128
case was pending at the time of the remand of the reversal and	4129
remand of the trial court's order. Upon the reversal and remand of	4130
the trial court's order granting the petition, regardless of	4131
whether notice is sent or received, the direct appeal of the case	4132
that was remanded is reinstated.	4133

(H) Upon the filing of a petition pursuant to division (A) of	4134
this section by a person sentenced to death, only the supreme	4135
court may stay execution of the sentence of death.	4136

(I)(1) If a person sentenced to death intends to file a	4137
petition under this section, the court shall appoint counsel to	4138
represent the person upon a finding that the person is indigent	4139
and that the person either accepts the appointment of counsel or	4140
is unable to make a competent decision whether to accept or reject	4141
the appointment of counsel. The court may decline to appoint	4142
counsel for the person only upon a finding, after a hearing if	4143
necessary, that the person rejects the appointment of counsel and	4144
understands the legal consequences of that decision or upon a	4145
finding that the person is not indigent.	4146

(2) The court shall not appoint as counsel under division	4147
(I)(1) of this section an attorney who represented the petitioner	4148
at trial in the case to which the petition relates unless the	4149
person and the attorney expressly request the appointment. The	4150
court shall appoint as counsel under division (I)(1) of this	4151
section only an attorney who is certified under Rule 20 of the	4152
Rules of Superintendence for the Courts of Ohio to represent	4153
indigent defendants charged with or convicted of an offense for	4154
which the death penalty can be or has been imposed. The	4155
ineffectiveness or incompetence of counsel during proceedings	4156
under this section does not constitute grounds for relief in a	4157
proceeding under this section, in an appeal of any action under	4158
this section, or in an application to reopen a direct appeal.	4159

(3) Division (I) of this section does not preclude attorneys	4160
who represent the state of Ohio from invoking the provisions of 28	4161
U.S.C. 154 with respect to capital cases that were pending in	4162
federal habeas corpus proceedings prior to July 1, 1996, insofar	4163
as the petitioners in those cases were represented in proceedings	4164
under this section by one or more counsel appointed by the court	4165
under this section or section 120.06, 120.16, 120.26, or 120.33 of	4166
the Revised Code and those appointed counsel meet the requirements	4167
of division (I)(2) of this section.	4168

(J) Subject to the appeal of a sentence for a felony that is	4169
authorized by section 2953.08 of the Revised Code, the remedy set	4170
forth in this section is the exclusive remedy by which a person	4171
may bring a collateral challenge to the validity of a conviction	4172
or sentence in a criminal case or to the validity of an	4173
adjudication of a child as a delinquent child for the commission	4174
of an act that would be a criminal offense if committed by an	4175
adult or the validity of a related order of disposition.	4176

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	4177
petition filed pursuant to section 2953.21 of the Revised Code, a	4178
court may not entertain a petition filed after the expiration of	4179
the period prescribed in division (A) of that section or a second	4180
petition or successive petitions for similar relief on behalf of a	4181
petitioner unless division (A)(1) or (2) of this section applies:	4182

(1) Both of the following apply:

4183

(a) Either the petitioner shows that the petitioner was	4184
unavoidably prevented from discovery of the facts upon which the	4185
petitioner must rely to present the claim for relief, or,	4186
subsequent to the period prescribed in division (A)(2) of section	4187
2953.21 of the Revised Code or to the filing of an earlier	4188
petition, the United States Supreme Court recognized a new federal	4189
or state right that applies retroactively to persons in the	4190
petitioner's situation, and the petition asserts a claim based on	4191
that right.	4192

(b) The petitioner shows by clear and convincing evidence	4193
that, but for constitutional error at trial, no reasonable	4194
factfinder would have found the petitioner guilty of the offense	4195
of which the petitioner was convicted or, if the claim challenges	4196
a sentence of death that, but for constitutional error at the	4197
sentencing hearing, no reasonable factfinder would have found the	4198
petitioner eligible for the death sentence.	4199

(2) The petitioner was convicted of a felony, the petitioner	4200
is an offender for whom DNA testing was performed under sections	4201
2953.71 to 2953.81 of the Revised Code or under former section	4202
2953.82 of the Revised Code and analyzed in the context of and	4203
upon consideration of all available admissible evidence related to	4204
the inmate's case as described in division (D) of section 2953.74	4205
of the Revised Code, and the results of the DNA testing establish,	4206
by clear and convincing evidence, actual innocence of that felony	4207
offense or, if the person was sentenced to death, establish, by	4208
clear and convincing evidence, actual innocence of the aggravating	4209
circumstance or circumstances the person was found guilty of	4210
committing and that is or are the basis of that sentence of death.	4211

As used in this division, "actual innocence" has the same	4212
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	4213
Code, and "former section 2953.82 of the Revised Code" has the	4214
same meaning as in division (A)(1)(c) of section 2953.21 of the	4215
Revised Code.	4216

(B) An order awarding or denying relief sought in a petition	4217
filed pursuant to section 2953.21 of the Revised Code is a final	4218
judgment and may be appealed pursuant to Chapter 2953. of the	4219
Revised Code.	4220

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	4221
Revised Code:	4222

(A) "Application" or "application for DNA testing" means a	4223
request through postconviction relief for the state to do DNA	4224
testing on biological material from the case in which the offender	4225
was convicted of the offense for which the offender is an eligible	4226
offender and is requesting the DNA testing under sections 2953.71	4227
to 2953.81 of the Revised Code.	4228

(B) "Biological material" means any product of a human body	4229
containing DNA.	4230

(C) "Chain of custody" means a record or other evidence that	4231
tracks a subject sample of biological material from the time the	4232
biological material was first obtained until the time it currently	4233
exists in its place of storage and, in relation to a DNA sample, a	4234
record or other evidence that tracks the DNA sample from the time	4235
it was first obtained until it currently exists in its place of	4236
storage. For purposes of this division, examples of when	4237
biological material or a DNA sample is first obtained include, but	4238
are not limited to, obtaining the material or sample at the scene	4239
of a crime, from a victim, from an offender, or in any other	4240
manner or time as is appropriate in the facts and circumstances	4241
present.	4242

(D) "Custodial agency" means the group or entity that has the	4243
responsibility to maintain biological material in question.	4244

(E) "Custodian" means the person who is the primary	4245
representative of a custodial agency.	4246

(F) "Eligible offender" means an offender who is eligible	4247
under division (C) of section 2953.72 of the Revised Code to	4248
request DNA testing to be conducted under sections 2953.71 to	4249
2953.81 of the Revised Code.	4250

(G) "Exclusion" or "exclusion result" means a result of DNA	4251
testing that scientifically precludes or forecloses the subject	4252
offender as a contributor of biological material recovered from	4253
the crime scene or victim in question, in relation to the offense	4254
for which the offender is an eligible offender and for which the	4255
sentence of death or prison term was imposed upon the offender.	4256

(H) "Extracting personnel" means medically approved personnel	4257
who are employed to physically obtain an offender's DNA specimen	4258
for purposes of DNA testing under sections 2953.71 to 2953.81 of	4259
the Revised Code.	4260

(I) "Inclusion" or "inclusion result" means a result of DNA	4261
testing that scientifically cannot exclude, or that holds	4262
accountable, the subject offender as a contributor of biological	4263
material recovered from the crime scene or victim in question, in	4264
relation to the offense for which the offender is an eligible	4265
offender and for which the sentence of death or prison term was	4266
imposed upon the offender.	4267

(J) "Inconclusive" or "inconclusive result" means a result of	4268
DNA testing that is rendered when a scientifically appropriate and	4269
definitive DNA analysis or result, or both, cannot be determined.	4270

(K) "Offender" means a criminal offender who was sentenced by	4271
a court, or by a jury and a court, of this state.	4272

(L) "Outcome determinative" means that had the results of DNA	4273
testing of the subject offender been presented at the trial of the	4274
subject offender requesting DNA testing and been found relevant	4275
and admissible with respect to the felony offense for which the	4276
offender is an eligible offender and is requesting the DNA	4277
testing, and had those results been analyzed in the context of and	4278
upon consideration of all available admissible evidence related to	4279
the offender's case as described in division (D) of section	4280
2953.74 of the Revised Code, there is a strong probability that no	4281
reasonable factfinder would have found the offender guilty of that	4282
offense or, if the offender was sentenced to death relative to	4283
that offense, would have found the offender guilty of the	4284
aggravating circumstance or circumstances the offender was found	4285
guilty of committing and that is or are the basis of that sentence	4286
of death.	4287

(M) "Parent sample" means the biological material first	4288
obtained from a crime scene or a victim of an offense for which an	4289
offender is an eligible offender, and from which a sample will be	4290
presently taken to do a DNA comparison to the DNA of the subject	4291
offender under sections 2953.71 to 2953.81 of the Revised Code.	4292

(N) "Prison" and "community control sanction" have the same	4293
meanings as in section 2929.01 of the Revised Code.	4294

(O) "Prosecuting attorney" means the prosecuting attorney	4295
who, or whose office, prosecuted the case in which the subject	4296
offender was convicted of the offense for which the offender is an	4297
eligible offender and is requesting the DNA testing.	4298

(P) "Prosecuting authority" means the prosecuting attorney or	4299
the attorney general.	4300

(Q) "Reasonable diligence" means a degree of diligence that	4301
is comparable to the diligence a reasonable person would employ in	4302
searching for information regarding an important matter in the	4303
person's own life.	4304

(R) "Testing authority" means a laboratory at which DNA	4305
testing will be conducted under sections 2953.71 to 2953.81 of the	4306
Revised Code.	4307

(S) "Parole" and "post-release control" have the same	4308
meanings as in section 2967.01 of the Revised Code.	4309

(T) "Sexually oriented offense" and "child-victim oriented	4310
offense" have the same meanings as in section 2950.01 of the	4311
Revised Code.	4312

(U) "Definitive DNA test" means a DNA test that clearly	4313
establishes that biological material from the perpetrator of the	4314
crime was recovered from the crime scene and also clearly	4315
establishes whether or not the biological material is that of the	4316
eligible offender. A prior DNA test is not definitive if the	4317
eligible offender proves by a preponderance of the evidence that	4318
because of advances in DNA technology there is a possibility of	4319
discovering new biological material from the perpetrator that the	4320
prior DNA test may have failed to discover. Prior testing may have	4321
been a prior "definitive DNA test" as to some biological evidence	4322
but may not have been a prior "definitive DNA test" as to other	4323
biological evidence.	4324

Sec. 2953.72. (A) Any eligible offender who wishes to request	4325
DNA testing under sections 2953.71 to 2953.81 of the Revised Code	4326
shall submit an application for the testing to the court of common	4327
pleas specified in section 2953.73 of the Revised Code, on a form	4328
prescribed by the attorney general for this purpose. The eligible	4329
offender shall submit the application in accordance with the	4330
procedures set forth in section 2953.73 of the Revised Code. The	4331
eligible offender shall specify on the application the offense or	4332
offenses for which the offender is an eligible offender and is	4333
requesting the DNA testing. Along with the application, the	4334
eligible offender shall submit an acknowledgment that is on a form	4335
prescribed by the attorney general for this purpose and that is	4336
signed by the offender. The acknowledgment shall set forth all of	4337
the following:	4338

(1) That sections 2953.71 to 2953.81 of the Revised Code	4339
contemplate applications for DNA testing of an eligible offender	4340
at a stage of a prosecution or case after the offender has been	4341
sentenced, that any exclusion or inclusion result of DNA testing	4342
rendered pursuant to those sections may be used by a party in any	4343
proceeding as described in section 2953.81 of the Revised Code,	4344
and that all requests for any DNA testing made at trial will	4345
continue to be handled by the prosecuting attorney in the case;	4346

(2) That the process of conducting postconviction DNA testing	4347
for an eligible offender under sections 2953.71 to 2953.81 of the	4348
Revised Code begins when the offender submits an application under	4349
section 2953.73 of the Revised Code and the acknowledgment	4350
described in this section;	4351

(3) That the eligible offender must submit the application	4352
and acknowledgment to the court of common pleas that heard the	4353
case in which the offender was convicted of the offense for which	4354
the offender is an eligible offender and is requesting the DNA	4355
testing;	4356

(4) That the state has established a set of criteria set	4357
forth in section 2953.74 of the Revised Code by which eligible	4358
offender applications for DNA testing will be screened and that a	4359
judge of a court of common pleas upon receipt of a properly filed	4360
application and accompanying acknowledgment will apply those	4361
criteria to determine whether to accept or reject the application;	4362

(5) That the results of DNA testing conducted under sections	4363
2953.71 to 2953.81 of the Revised Code will be provided as	4364
described in section 2953.81 of the Revised Code to all parties in	4365
the postconviction proceedings and will be reported to various	4366
courts;	4367

(6) That, if DNA testing is conducted with respect to an	4368
offender under sections 2953.71 to 2953.81 of the Revised Code,	4369
the state will not offer the offender a retest if an inclusion	4370
result is achieved relative to the testing and that, if the state	4371
were to offer a retest after an inclusion result, the policy would	4372
create an atmosphere in which endless testing could occur and in	4373
which postconviction proceedings could be stalled for many years;	4374

(7) That, if the court rejects an eligible offender's	4375
application for DNA testing because the offender does not satisfy	4376
the acceptance criteria described in division (A)(4) of this	4377
section, the court will not accept or consider subsequent	4378
applications;	4379

(8) That the acknowledgment memorializes the provisions of	4380
sections 2953.71 to 2953.81 of the Revised Code with respect to	4381
the application of postconviction DNA testing to offenders, that	4382
those provisions do not give any offender any additional	4383
constitutional right that the offender did not already have, that	4384
the court has no duty or obligation to provide postconviction DNA	4385
testing to offenders, that the court of common pleas has the sole	4386
discretion subject to an appeal as described in this division to	4387
determine whether an offender is an eligible offender and whether	4388
an eligible offender's application for DNA testing satisfies the	4389
acceptance criteria described in division (A)(4) of this section	4390
and whether the application should be accepted or rejected, that	4391
if the court of common pleas rejects an eligible offender's	4392
application, the offender may seek leave of the supreme court to	4393
appeal the rejection to that court if the offender was sentenced	4394
to death for the offense for which the offender is requesting the	4395
DNA testing and, if the offender was not sentenced to death for	4396
that offense, may appeal the rejection to the court of appeals,	4397
and that no determination otherwise made by the court of common	4398
pleas in the exercise of its discretion regarding the eligibility	4399
of an offender or regarding postconviction DNA testing under those	4400
provisions is reviewable by or appealable to any court;	4401

(9) That the manner in which sections 2953.71 to 2953.81 of	4402
the Revised Code with respect to the offering of postconviction	4403
DNA testing to offenders are carried out does not confer any	4404
constitutional right upon any offender, that the state has	4405
established guidelines and procedures relative to those provisions	4406
to ensure that they are carried out with both justice and	4407
efficiency in mind, and that an offender who participates in any	4408
phase of the mechanism contained in those provisions, including,	4409
but not limited to, applying for DNA testing and being rejected,	4410
having an application for DNA testing accepted and not receiving	4411
the test, or having DNA testing conducted and receiving	4412
unfavorable results, does not gain as a result of the	4413
participation any constitutional right to challenge, or, except as	4414
provided in division (A)(8) of this section, any right to any	4415
review or appeal of, the manner in which those provisions are	4416
carried out;	4417

(10) That the most basic aspect of sections 2953.71 to	4418
2953.81 of the Revised Code is that, in order for DNA testing to	4419
occur, there must be an offender sample against which other	4420
evidence may be compared, that, if an eligible offender's	4421
application is accepted but the offender subsequently refuses to	4422
submit to the collection of the sample of biological material from	4423
the offender or hinders the state from obtaining a sample of	4424
biological material from the offender, the goal of those	4425
provisions will be frustrated, and that an offender's refusal or	4426
hindrance shall cause the court to rescind its prior acceptance of	4427
the application for DNA testing for the offender and deny the	4428
application.	4429

(B) The attorney general shall prescribe a form to be used to	4430
make an application for DNA testing under division (A) of this	4431
section and section 2953.73 of the Revised Code and a form to be	4432
used to provide the acknowledgment described in division (A) of	4433
this section. The forms shall include all information described in	4434
division (A) of this section, spaces for an offender to insert all	4435
information necessary to complete the forms, including, but not	4436
limited to, specifying the offense or offenses for which the	4437
offender is an eligible offender and is requesting the DNA	4438
testing, and any other information or material the attorney	4439
general determines is necessary or relevant. The attorney general	4440
shall distribute copies of the prescribed forms to the department	4441
of rehabilitation and correction, the department shall ensure that	4442
each prison in which offenders are housed has a supply of copies	4443
of the forms, and the department shall ensure that copies of the	4444
forms are provided free of charge to any offender who requests	4445
them.	4446

(C)(1) An offender is eligible to request DNA testing to be	4447
conducted under sections 2953.71 to 2953.81 of the Revised Code	4448
only if all of the following apply:	4449

(a) The offense for which the offender claims to be an	4450
eligible offender is a felony, and the offender was convicted by a	4451
judge or jury of that offense.	4452

(b) One of the following applies:

4453

(i) The offender was sentenced to a prison term or sentence	4454
of death for the felony described in division (C)(1)(a) of this	4455
section, and the offender is in prison serving that prison term or	4456
under that sentence of death, has been paroled or is on probation	4457
regarding that felony, is under post-release control regarding	4458
that felony, or has been released from that prison term and is	4459
under a community control sanction regarding that felony.	4460

(ii) The offender was not sentenced to a prison term or	4461
sentence of death for the felony described in division (C)(1)(a)	4462
of this section, but was sentenced to a community control sanction	4463
for that felony and is under that community control sanction.	4464

(iii) The felony described in division (C)(1)(a) of this	4465
section was a sexually oriented offense or child-victim oriented	4466
offense, and the offender has a duty to comply with sections	4467
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	4468
relative to that felony.	4469

(2) An offender is not an eligible offender under division	4470
(C)(1) of this section regarding any offense to which the offender	4471
pleaded guilty or no contest.	4472

(3) An offender is not an eligible offender under division	4473
(C)(1) of this section regarding any offense if the offender dies	4474
prior to submitting an application for DNA testing related to that	4475
offense under section 2953.73 of the Revised Code.	4476

Sec. 2953.81. If an eligible offender submits an application	4477
for DNA testing under section 2953.73 of the Revised Code and if	4478
DNA testing is performed based on that application, upon	4479
completion of the testing, all of the following apply:	4480

(A) The court or a designee of the court shall require the	4481
state to maintain the results of the testing and to maintain and	4482
preserve both the parent sample of the biological material used	4483
and the offender sample of the biological material used. The	4484
testing authority may be designated as the person to maintain the	4485
results of the testing or to maintain and preserve some or all of	4486
the samples, or both. The results of the testing remain state's	4487
evidence. The samples shall be preserved during the entire period	4488
of time for which the offender is imprisoned or confined relative	4489
to the sentence in question, is on parole or probation relative to	4490
that sentence, is under post-release control or a community	4491
control sanction relative to that sentence, or has a duty to	4492
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	4493
the Revised Code relative to that sentence. Additionally, if the	4494
prison term or confinement under the sentence in question expires,	4495
if the sentence in question is a sentence of death and the	4496
offender is executed, or if the parole or probation period, the	4497
period of post-release control, the community control sanction, or	4498
the duty to comply with sections 2950.04, 2950.041, 2950.05, and	4499
2950.06 of the Revised Code under the sentence in question ends,	4500
the samples shall be preserved for a reasonable period of time of	4501
not less than twenty-four months after the term or confinement	4502
expires, the offender is executed, or the parole or probation	4503
period, the period of post-release control, the community control	4504
sanction, or the duty to comply with sections 2950.04, 2950.041,	4505
2950.05, and 2950.06 of the Revised Code ends, whichever is	4506
applicable. The court shall determine the period of time that is	4507
reasonable for purposes of this division, provided that the period	4508
shall not be less than twenty-four months after the term or	4509
confinement expires, the offender is executed, or the parole or	4510
probation period, the period of post-release control, the	4511
community control sanction, or the duty to comply with sections	4512
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends,	4513
whichever is applicable.	4514

(B) The results of the testing are a public record.

4515

(C) The court or the testing authority shall provide a copy	4516
of the results of the testing to the prosecuting attorney, the	4517
attorney general, and the subject offender.	4518

(D) If the postconviction proceeding in question is pending	4519
at that time in a court of this state, the court of common pleas	4520
that decided the DNA application or the testing authority shall	4521
provide a copy of the results of the testing to any court of this	4522
state, and, if it is pending in a federal court, the court of	4523
common pleas that decided the DNA application or the testing	4524
authority shall provide a copy of the results of the testing to	4525
that federal court.	4526

(E) The testing authority shall provide a copy of the results	4527
of the testing to the court of common pleas that decided the DNA	4528
application.	4529

(F) The offender or the state may enter the results of the	4530
testing into any proceeding.	4531

Sec. 2967.05.  (A) As used in this section:

4532

(1) "Imminent danger of death" means that the inmate has a	4533
medically diagnosable condition that will cause death to occur	4534
within a short period of time.	4535

As used in division (A)(1) of this section, "within a short	4536
period of time" means generally within six months.	4537

(2)(a) "Medically incapacitated" means any diagnosable	4538
medical condition, including mental dementia and severe, permanent	4539
medical or cognitive disability, that prevents the inmate from	4540
completing activities of daily living without significant	4541
assistance, that incapacitates the inmate to the extent that	4542
institutional confinement does not offer additional restrictions,	4543
that is likely to continue throughout the entire period of parole,	4544
and that is unlikely to improve noticeably.	4545

(b) "Medically incapacitated" does not include conditions	4546
related solely to mental illness unless the mental illness is	4547
accompanied by injury, disease, or organic defect.	4548

(3)(a) "Terminal illness" means a condition that satisfies	4549
all of the following criteria:	4550

(i) The condition is irreversible and incurable and is caused	4551
by disease, illness, or injury from which the inmate is unlikely	4552
to recover.	4553

(ii) In accordance with reasonable medical standards and a	4554
reasonable degree of medical certainty, the condition is likely to	4555
cause death to the inmate within twelve months.	4556

(iii) Institutional confinement of the inmate does not offer	4557
additional protections for public safety or against the inmate's	4558
risk to reoffend.	4559

(b) The department of rehabilitation and correction shall	4560
adopt rules pursuant to Chapter 119. of the Revised Code to	4561
implement the definition of "terminal illness" in division	4562
(A)(3)(a) of this section.	4563

(B) Upon the recommendation of the director of rehabilitation	4564
and correction, accompanied by a certificate of the attending	4565
physician that an inmate is terminally ill, medically	4566
incapacitated, or in imminent danger of death, the governor may	4567
order the inmate's release as if on parole, reserving the right to	4568
return the inmate to the institution pursuant to this section. If,	4569
subsequent to the inmate's release, the inmate's health improves	4570
so that the inmate is no longer terminally ill, medically	4571
incapacitated, or in imminent danger of death, the inmate shall be	4572
returned, by order of the governor, to the institution from which	4573
the inmate was released. If the inmate violates any rules or	4574
conditions applicable to the inmate, the inmate may be returned to	4575
an institution under the control of the department of	4576
rehabilitation and correction. The governor may direct the adult	4577
parole authority to investigate or cause to be investigated the	4578
inmate and make a recommendation. An inmate released under this	4579
section shall be subject to supervision by the adult parole	4580
authority in accordance with any recommendation of the adult	4581
parole authority that is approved by the governor. The adult	4582
parole authority shall adopt rules pursuant to section 119.03 of	4583
the Revised Code to establish the procedure for medical release of	4584
an inmate when an inmate is terminally ill, medically	4585
incapacitated, or in imminent danger of death.	4586

(C) No inmate is eligible for release under this section if	4587
the inmate is serving a death sentence, a sentence of life without	4588
parole, a sentence under Chapter 2971. of the Revised Code for a	4589
felony of the first or second degree, a sentence for aggravated	4590
murder or murder, or a mandatory prison term for an offense of	4591
violence or any specification described in Chapter 2941. of the	4592
Revised Code.	4593

Sec. 2967.13.  (A) Except as provided in division (G) of this	4594
section, a prisoner serving a sentence of imprisonment for life	4595
for an offense committed on or after July 1, 1996, is not entitled	4596
to any earned credit under section 2967.193 of the Revised Code	4597
and becomes eligible for parole as follows:	4598

(1) If a sentence of imprisonment for life was imposed for	4599
the offense of murder, at the expiration of the prisoner's minimum	4600
term;	4601

(2) If a sentence of imprisonment for life with parole	4602
eligibility after serving twenty years of imprisonment was imposed	4603
pursuant to section 2929.02 or former section 2929.022 or 2929.03	4604
of the Revised Code, after serving a term of twenty years;	4605

(3) If a sentence of imprisonment for life with parole	4606
eligibility after serving twenty-five full years of imprisonment	4607
was imposed pursuant to former section 2929.022 or 2929.03 of the	4608
Revised Code, after serving a term of twenty-five full years;	4609

(4) If a sentence of imprisonment for life with parole	4610
eligibility after serving thirty full years of imprisonment was	4611
imposed pursuant to section 2929.02 or former section 2929.022 or	4612
2929.03 of the Revised Code, after serving a term of thirty full	4613
years;	4614

(5) If a sentence of imprisonment for life was imposed for	4615
rape, after serving a term of ten full years' imprisonment;	4616

(6) If a sentence of imprisonment for life with parole	4617
eligibility after serving fifteen years of imprisonment was	4618
imposed for a violation of section 2927.24 of the Revised Code,	4619
after serving a term of fifteen years.	4620

(B) Except as provided in division (G) of this section, a	4621
prisoner serving a sentence of imprisonment for life with parole	4622
eligibility after serving twenty years of imprisonment or a	4623
sentence of imprisonment for life with parole eligibility after	4624
serving twenty-five full years or thirty full years of	4625
imprisonment imposed pursuant to section 2929.02 or former section	4626
2929.022 or 2929.03 of the Revised Code for an offense committed	4627
on or after July 1, 1996, consecutively to any other term of	4628
imprisonment, becomes eligible for parole after serving twenty	4629
years, twenty full years, or thirty full years, as applicable, as	4630
to each such sentence of life imprisonment, which shall not be	4631
reduced for earned credits under section 2967.193 of the Revised	4632
Code, plus the term or terms of the other sentences consecutively	4633
imposed or, if one of the other sentences is another type of life	4634
sentence with parole eligibility, the number of years before	4635
parole eligibility for that sentence.	4636

(C) Except as provided in division (G) of this section, a	4637
prisoner serving consecutively two or more sentences in which an	4638
indefinite term of imprisonment is imposed becomes eligible for	4639
parole upon the expiration of the aggregate of the minimum terms	4640
of the sentences.	4641

(D) Except as provided in division (G) of this section, a	4642
prisoner serving a term of imprisonment who is described in	4643
division (A) of section 2967.021 of the Revised Code becomes	4644
eligible for parole as described in that division or, if the	4645
prisoner is serving a definite term of imprisonment, shall be	4646
released as described in that division.	4647

(E) A prisoner serving a sentence of life imprisonment	4648
without parole imposed pursuant to section 2907.02 or 2929.02 or	4649
former section 2929.03 or 2929.06 of the Revised Code is not	4650
eligible for parole and shall be imprisoned until death.	4651

(F) A prisoner serving a stated prison term shall be released	4652
in accordance with section 2967.28 of the Revised Code.	4653

(G) A prisoner serving a prison term or term of life	4654
imprisonment without parole imposed pursuant to section 2971.03 of	4655
the Revised Code never becomes eligible for parole during that	4656
term of imprisonment.	4657

Sec. 2967.193.  (A)(1) Except as provided in division (C) of	4658
this section and subject to the maximum aggregate total specified	4659
in division (A)(2) of this section, a person confined in a state	4660
correctional institution may provisionally earn one day or five	4661
days of credit, based on the category set forth in division	4662
(D)(1), (2), (3), (4), or (5) of this section in which the person	4663
is included, toward satisfaction of the person's stated prison	4664
term for each completed month during which the person productively	4665
participates in an education program, vocational training,	4666
employment in prison industries, treatment for substance abuse, or	4667
any other constructive program developed by the department with	4668
specific standards for performance by prisoners. Except as	4669
provided in division (C) of this section and subject to the	4670
maximum aggregate total specified in division (A)(2) of this	4671
section, a person so confined who successfully completes two	4672
programs or activities of that type may, in addition,	4673
provisionally earn up to five days of credit toward satisfaction	4674
of the person's stated prison term for the successful completion	4675
of the second program or activity. The person shall not be awarded	4676
any provisional days of credit for the successful completion of	4677
the first program or activity or for the successful completion of	4678
any program or activity that is completed after the second program	4679
or activity. At the end of each calendar month in which a prisoner	4680
productively participates in a program or activity listed in this	4681
division or successfully completes a program or activity listed in	4682
this division, the department of rehabilitation and correction	4683
shall determine and record the total number of days credit that	4684
the prisoner provisionally earned in that calendar month. If the	4685
prisoner violates prison rules, the department may deny the	4686
prisoner a credit that otherwise could have been provisionally	4687
awarded to the prisoner or may withdraw one or more credits	4688
previously provisionally earned by the prisoner. Days of credit	4689
provisionally earned by a prisoner shall be finalized and awarded	4690
by the department subject to administrative review by the	4691
department of the prisoner's conduct.	4692

(2) The aggregate days of credit provisionally earned by a	4693
person for program or activity participation and program and	4694
activity completion under this section and the aggregate days of	4695
credit finally credited to a person under this section shall not	4696
exceed eight per cent of the total number of days in the person's	4697
stated prison term.	4698

(B) The department of rehabilitation and correction shall	4699
adopt rules that specify the programs or activities for which	4700
credit may be earned under this section, the criteria for	4701
determining productive participation in, or completion of, the	4702
programs or activities and the criteria for awarding credit,	4703
including criteria for awarding additional credit for successful	4704
program or activity completion, and the criteria for denying or	4705
withdrawing previously provisionally earned credit as a result of	4706
a violation of prison rules.	4707

(C) No person confined in a state correctional institution to	4708
whom any of the following applies shall be awarded any days of	4709
credit under division (A) of this section:	4710

(1) The person is serving a prison term that section 2929.13	4711
or section 2929.14 of the Revised Code specifies cannot be reduced	4712
pursuant to this section or this chapter or is serving a sentence	4713
for which section 2967.13 or division (B) of section 2929.143 of	4714
the Revised Code specifies that the person is not entitled to any	4715
earned credit under this section.	4716

(2) The person is sentenced to death or is serving a prison	4717
term or a term of life imprisonment for aggravated murder, murder,	4718
or a conspiracy or attempt to commit, or complicity in committing,	4719
aggravated murder or murder.	4720

(3) The person is serving a sentence of life imprisonment	4721
without parole imposed pursuant to section 2929.02 or former	4722
section 2929.03 or 2929.06 of the Revised Code, a prison term or a	4723
term of life imprisonment without parole imposed pursuant to	4724
section 2971.03 of the Revised Code, or a sentence for a sexually	4725
oriented offense that was committed on or after September 30,	4726
2011.	4727

(D) This division does not apply to a determination of	4728
whether a person confined in a state correctional institution may	4729
earn any days of credit under division (A) of this section for	4730
successful completion of a second program or activity. The	4731
determination of whether a person confined in a state correctional	4732
institution may earn one day of credit or five days of credit	4733
under division (A) of this section for each completed month during	4734
which the person productively participates in a program or	4735
activity specified under that division shall be made in accordance	4736
with the following:	4737

(1) The offender may earn one day of credit under division	4738
(A) of this section, except as provided in division (C) of this	4739
section, if the most serious offense for which the offender is	4740
confined is any of the following that is a felony of the first or	4741
second degree:	4742

(a) A violation of division (A) of section 2903.04 or of	4743
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	4744
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	4745
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	4746
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	4747
of the Revised Code;	4748

(b) A conspiracy or attempt to commit, or complicity in	4749
committing, any other offense for which the maximum penalty is	4750
imprisonment for life or any offense listed in division (D)(1)(a)	4751
of this section.	4752

(2) The offender may earn one day of credit under division	4753
(A) of this section, except as provided in division (C) of this	4754
section, if the offender is serving a stated prison term that	4755
includes a prison term imposed for a sexually oriented offense	4756
that the offender committed prior to September 30, 2011.	4757

(3) The offender may earn one day of credit under division	4758
(A) of this section, except as provided in division (C) of this	4759
section, if the offender is serving a stated prison term that	4760
includes a prison term imposed for a felony other than carrying a	4761
concealed weapon an essential element of which is any conduct or	4762
failure to act expressly involving any deadly weapon or dangerous	4763
ordnance.	4764

(4) Except as provided in division (C) of this section, if	4765
the most serious offense for which the offender is confined is a	4766
felony of the first or second degree and divisions (D)(1), (2),	4767
and (3) of this section do not apply to the offender, the offender	4768
may earn one day of credit under division (A) of this section if	4769
the offender committed that offense prior to September 30, 2011,	4770
and the offender may earn five days of credit under division (A)	4771
of this section if the offender committed that offense on or after	4772
September 30, 2011.	4773

(5) Except as provided in division (C) of this section, if	4774
the most serious offense for which the offender is confined is a	4775
felony of the third, fourth, or fifth degree or an unclassified	4776
felony and neither division (D)(2) nor (3) of this section applies	4777
to the offender, the offender may earn one day of credit under	4778
division (A) of this section if the offender committed that	4779
offense prior to September 30, 2011, and the offender may earn	4780
five days of credit under division (A) of this section if the	4781
offender committed that offense on or after September 30, 2011.	4782

(E) The department annually shall seek and consider the	4783
written feedback of the Ohio prosecuting attorneys association,	4784
the Ohio judicial conference, the Ohio public defender, the Ohio	4785
association of criminal defense lawyers, and other organizations	4786
and associations that have an interest in the operation of the	4787
corrections system and the earned credits program under this	4788
section as part of its evaluation of the program and in	4789
determining whether to modify the program.	4790

(F) As used in this section, "sexually oriented offense" has	4791
the same meaning as in section 2950.01 of the Revised Code.	4792

Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of	4793
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	4794
another section of the Revised Code, other than divisions (B) and	4795
(C) of section 2929.14 of the Revised Code, that authorizes or	4796
requires a specified prison term or a mandatory prison term for a	4797
person who is convicted of or pleads guilty to a felony or that	4798
specifies the manner and place of service of a prison term or term	4799
of imprisonment, the court shall impose a sentence upon a person	4800
who is convicted of or pleads guilty to a violent sex offense and	4801
who also is convicted of or pleads guilty to a sexually violent	4802
predator specification that was included in the indictment, count	4803
in the indictment, or information charging that offense, and upon	4804
a person who is convicted of or pleads guilty to a designated	4805
homicide, assault, or kidnapping offense and also is convicted of	4806
or pleads guilty to both a sexual motivation specification and a	4807
sexually violent predator specification that were included in the	4808
indictment, count in the indictment, or information charging that	4809
offense, as follows:	4810

(1) If the offense for which the sentence is being imposed is	4811
aggravated murder and if the court does not impose upon the	4812
offender a sentence of death, it shall impose upon the offender a	4813
term of life imprisonment without parole. If the court sentences	4814
the offender to death and the sentence of death is vacated,	4815
overturned, or otherwise set aside, the court shall impose upon	4816
the offender a term of life imprisonment without parole.	4817

(2) If the offense for which the sentence is being imposed is	4818
murder; or if the offense is rape committed in violation of	4819
division (A)(1)(b) of section 2907.02 of the Revised Code when the	4820
offender purposely compelled the victim to submit by force or	4821
threat of force, when the victim was less than ten years of age,	4822
when the offender previously has been convicted of or pleaded	4823
guilty to either rape committed in violation of that division or a	4824
violation of an existing or former law of this state, another	4825
state, or the United States that is substantially similar to	4826
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	4827
the offender during or immediately after the commission of the	4828
rape caused serious physical harm to the victim; or if the offense	4829
is an offense other than aggravated murder or murder for which a	4830
term of life imprisonment may be imposed, it shall impose upon the	4831
offender a term of life imprisonment without parole.	4832

(3)(a) Except as otherwise provided in division (A)(3)(b),	4833
(c), (d), or (e) or (A)(4) of this section, if the offense for	4834
which the sentence is being imposed is an offense other than	4835
aggravated murder, murder, or rape and other than an offense for	4836
which a term of life imprisonment may be imposed, it shall impose	4837
an indefinite prison term consisting of a minimum term fixed by	4838
the court from among the range of terms available as a definite	4839
term for the offense, but not less than two years, and a maximum	4840
term of life imprisonment.	4841

(b) Except as otherwise provided in division (A)(4) of this	4842
section, if the offense for which the sentence is being imposed is	4843
kidnapping that is a felony of the first degree, it shall impose	4844
an indefinite prison term as follows:	4845

(i) If the kidnapping is committed on or after January 1,	4846
2008, and the victim of the offense is less than thirteen years of	4847
age, except as otherwise provided in this division, it shall	4848
impose an indefinite prison term consisting of a minimum term of	4849
fifteen years and a maximum term of life imprisonment. If the	4850
kidnapping is committed on or after January 1, 2008, the victim of	4851
the offense is less than thirteen years of age, and the offender	4852
released the victim in a safe place unharmed, it shall impose an	4853
indefinite prison term consisting of a minimum term of ten years	4854
and a maximum term of life imprisonment.	4855

(ii) If the kidnapping is committed prior to January 1, 2008,	4856
or division (A)(3)(b)(i) of this section does not apply, it shall	4857
impose an indefinite term consisting of a minimum term fixed by	4858
the court that is not less than ten years and a maximum term of	4859
life imprisonment.	4860

(c) Except as otherwise provided in division (A)(4) of this	4861
section, if the offense for which the sentence is being imposed is	4862
kidnapping that is a felony of the second degree, it shall impose	4863
an indefinite prison term consisting of a minimum term fixed by	4864
the court that is not less than eight years, and a maximum term of	4865
life imprisonment.	4866

(d) Except as otherwise provided in division (A)(4) of this	4867
section, if the offense for which the sentence is being imposed is	4868
rape for which a term of life imprisonment is not imposed under	4869
division (A)(2) of this section or division (B) of section 2907.02	4870
of the Revised Code, it shall impose an indefinite prison term as	4871
follows:	4872

(i) If the rape is committed on or after January 2, 2007, in	4873
violation of division (A)(1)(b) of section 2907.02 of the Revised	4874
Code, it shall impose an indefinite prison term consisting of a	4875
minimum term of twenty-five years and a maximum term of life	4876
imprisonment.	4877

(ii) If the rape is committed prior to January 2, 2007, or	4878
the rape is committed on or after January 2, 2007, other than in	4879
violation of division (A)(1)(b) of section 2907.02 of the Revised	4880
Code, it shall impose an indefinite prison term consisting of a	4881
minimum term fixed by the court that is not less than ten years,	4882
and a maximum term of life imprisonment.	4883

(e) Except as otherwise provided in division (A)(4) of this	4884
section, if the offense for which sentence is being imposed is	4885
attempted rape, it shall impose an indefinite prison term as	4886
follows:	4887

(i) Except as otherwise provided in division (A)(3)(e)(ii),	4888
(iii), or (iv) of this section, it shall impose an indefinite	4889
prison term pursuant to division (A)(3)(a) of this section.	4890

(ii) If the attempted rape for which sentence is being	4891
imposed was committed on or after January 2, 2007, and if the	4892
offender also is convicted of or pleads guilty to a specification	4893
of the type described in section 2941.1418 of the Revised Code, it	4894
shall impose an indefinite prison term consisting of a minimum	4895
term of five years and a maximum term of twenty-five years.	4896

(iii) If the attempted rape for which sentence is being	4897
imposed was committed on or after January 2, 2007, and if the	4898
offender also is convicted of or pleads guilty to a specification	4899
of the type described in section 2941.1419 of the Revised Code, it	4900
shall impose an indefinite prison term consisting of a minimum	4901
term of ten years and a maximum of life imprisonment.	4902

(iv) If the attempted rape for which sentence is being	4903
imposed was committed on or after January 2, 2007, and if the	4904
offender also is convicted of or pleads guilty to a specification	4905
of the type described in section 2941.1420 of the Revised Code, it	4906
shall impose an indefinite prison term consisting of a minimum	4907
term of fifteen years and a maximum of life imprisonment.	4908

(4) For any offense for which the sentence is being imposed,	4909
if the offender previously has been convicted of or pleaded guilty	4910
to a violent sex offense and also to a sexually violent predator	4911
specification that was included in the indictment, count in the	4912
indictment, or information charging that offense, or previously	4913
has been convicted of or pleaded guilty to a designated homicide,	4914
assault, or kidnapping offense and also to both a sexual	4915
motivation specification and a sexually violent predator	4916
specification that were included in the indictment, count in the	4917
indictment, or information charging that offense, it shall impose	4918
upon the offender a term of life imprisonment without parole.	4919

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	4920
of section 2929.14, or another section of the Revised Code other	4921
than division (B) of section 2907.02 or divisions (B) and (C) of	4922
section 2929.14 of the Revised Code that authorizes or requires a	4923
specified prison term or a mandatory prison term for a person who	4924
is convicted of or pleads guilty to a felony or that specifies the	4925
manner and place of service of a prison term or term of	4926
imprisonment, if a person is convicted of or pleads guilty to a	4927
violation of division (A)(1)(b) of section 2907.02 of the Revised	4928
Code committed on or after January 2, 2007, if division (A) of	4929
this section does not apply regarding the person, and if the court	4930
does not impose a sentence of life without parole when authorized	4931
pursuant to division (B) of section 2907.02 of the Revised Code,	4932
the court shall impose upon the person an indefinite prison term	4933
consisting of one of the following:	4934

(a) Except as otherwise required in division (B)(1)(b) or (c)	4935
of this section, a minimum term of ten years and a maximum term of	4936
life imprisonment.	4937

(b) If the victim was less than ten years of age, a minimum	4938
term of fifteen years and a maximum of life imprisonment.	4939

(c) If the offender purposely compels the victim to submit by	4940
force or threat of force, or if the offender previously has been	4941
convicted of or pleaded guilty to violating division (A)(1)(b) of	4942
section 2907.02 of the Revised Code or to violating an existing or	4943
former law of this state, another state, or the United States that	4944
is substantially similar to division (A)(1)(b) of that section, or	4945
if the offender during or immediately after the commission of the	4946
offense caused serious physical harm to the victim, a minimum term	4947
of twenty-five years and a maximum of life imprisonment.	4948

(2) Notwithstanding section 2929.13, division (A) or (D) of	4949
section 2929.14, or another section of the Revised Code other than	4950
divisions (B) and (C) of section 2929.14 of the Revised Code that	4951
authorizes or requires a specified prison term or a mandatory	4952
prison term for a person who is convicted of or pleads guilty to a	4953
felony or that specifies the manner and place of service of a	4954
prison term or term of imprisonment and except as otherwise	4955
provided in division (B) of section 2907.02 of the Revised Code,	4956
if a person is convicted of or pleads guilty to attempted rape	4957
committed on or after January 2, 2007, and if division (A) of this	4958
section does not apply regarding the person, the court shall	4959
impose upon the person an indefinite prison term consisting of one	4960
of the following:	4961

(a) If the person also is convicted of or pleads guilty to a	4962
specification of the type described in section 2941.1418 of the	4963
Revised Code, the court shall impose upon the person an indefinite	4964
prison term consisting of a minimum term of five years and a	4965
maximum term of twenty-five years.	4966

(b) If the person also is convicted of or pleads guilty to a	4967
specification of the type described in section 2941.1419 of the	4968
Revised Code, the court shall impose upon the person an indefinite	4969
prison term consisting of a minimum term of ten years and a	4970
maximum term of life imprisonment.	4971

(c) If the person also is convicted of or pleads guilty to a	4972
specification of the type described in section 2941.1420 of the	4973
Revised Code, the court shall impose upon the person an indefinite	4974
prison term consisting of a minimum term of fifteen years and a	4975
maximum term of life imprisonment.	4976

(3) Notwithstanding section 2929.13, division (A) or (D) of	4977
section 2929.14, or another section of the Revised Code other than	4978
divisions (B) and (C) of section 2929.14 of the Revised Code that	4979
authorizes or requires a specified prison term or a mandatory	4980
prison term for a person who is convicted of or pleads guilty to a	4981
felony or that specifies the manner and place of service of a	4982
prison term or term of imprisonment, if a person is convicted of	4983
or pleads guilty to an offense described in division (B)(3)(a),	4984
(b), (c), or (d) of this section committed on or after January 1,	4985
2008, if the person also is convicted of or pleads guilty to a	4986
sexual motivation specification that was included in the	4987
indictment, count in the indictment, or information charging that	4988
offense, and if division (A) of this section does not apply	4989
regarding the person, the court shall impose upon the person an	4990
indefinite prison term consisting of one of the following:	4991

(a) An indefinite prison term consisting of a minimum of ten	4992
years and a maximum term of life imprisonment if the offense for	4993
which the sentence is being imposed is kidnapping, the victim of	4994
the offense is less than thirteen years of age, and the offender	4995
released the victim in a safe place unharmed;	4996

(b) An indefinite prison term consisting of a minimum of	4997
fifteen years and a maximum term of life imprisonment if the	4998
offense for which the sentence is being imposed is kidnapping when	4999
the victim of the offense is less than thirteen years of age and	5000
division (B)(3)(a) of this section does not apply;	5001

(c) An indefinite term consisting of a minimum of thirty	5002
years and a maximum term of life imprisonment if the offense for	5003
which the sentence is being imposed is aggravated murder, when the	5004
victim of the offense is less than thirteen years of age, a	5005
sentence of death or life imprisonment without parole is not	5006
imposed for the offense, and division (A)(2)(b)(ii) of section	5007
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5008
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5009
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5010
Code requires that the sentence for the offense be imposed	5011
pursuant to this division;	5012

(d) An indefinite prison term consisting of a minimum of	5013
thirty years and a maximum term of life imprisonment if the	5014
offense for which the sentence is being imposed is murder when the	5015
victim of the offense is less than thirteen years of age.	5016

(C)(1) If the offender is sentenced to a prison term pursuant	5017
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	5018
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	5019
board shall have control over the offender's service of the term	5020
during the entire term unless the parole board terminates its	5021
control in accordance with section 2971.04 of the Revised Code.	5022

(2) Except as provided in division (C)(3) of this section, an	5023
offender sentenced to a prison term or term of life imprisonment	5024
without parole pursuant to division (A) of this section shall	5025
serve the entire prison term or term of life imprisonment in a	5026
state correctional institution. The offender is not eligible for	5027
judicial release under section 2929.20 of the Revised Code.	5028

(3) For a prison term imposed pursuant to division (A)(3),	5029
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5030
(c), or (d) of this section, the court, in accordance with section	5031
2971.05 of the Revised Code, may terminate the prison term or	5032
modify the requirement that the offender serve the entire term in	5033
a state correctional institution if all of the following apply:	5034

(a) The offender has served at least the minimum term imposed	5035
as part of that prison term.	5036

(b) The parole board, pursuant to section 2971.04 of the	5037
Revised Code, has terminated its control over the offender's	5038
service of that prison term.	5039

(c) The court has held a hearing and found, by clear and	5040
convincing evidence, one of the following:	5041

(i) In the case of termination of the prison term, that the	5042
offender is unlikely to commit a sexually violent offense in the	5043
future;	5044

(ii) In the case of modification of the requirement, that the	5045
offender does not represent a substantial risk of physical harm to	5046
others.	5047

(4) An offender who has been sentenced to a term of life	5048
imprisonment without parole pursuant to division (A)(1), (2), or	5049
(4) of this section shall not be released from the term of life	5050
imprisonment or be permitted to serve a portion of it in a place	5051
other than a state correctional institution.	5052

(D) If a court sentences an offender to a prison term or term	5053
of life imprisonment without parole pursuant to division (A) of	5054
this section and the court also imposes on the offender one or	5055
more additional prison terms pursuant to division (B) of section	5056
2929.14 of the Revised Code, all of the additional prison terms	5057
shall be served consecutively with, and prior to, the prison term	5058
or term of life imprisonment without parole imposed upon the	5059
offender pursuant to division (A) of this section.	5060

(E) If the offender is convicted of or pleads guilty to two	5061
or more offenses for which a prison term or term of life	5062
imprisonment without parole is required to be imposed pursuant to	5063
division (A) of this section, divisions (A) to (D) of this section	5064
shall be applied for each offense. All minimum terms imposed upon	5065
the offender pursuant to division (A)(3) or (B) of this section	5066
for those offenses shall be aggregated and served consecutively,	5067
as if they were a single minimum term imposed under that division.	5068

(F)(1) If an offender is convicted of or pleads guilty to a	5069
violent sex offense and also is convicted of or pleads guilty to a	5070
sexually violent predator specification that was included in the	5071
indictment, count in the indictment, or information charging that	5072
offense, or is convicted of or pleads guilty to a designated	5073
homicide, assault, or kidnapping offense and also is convicted of	5074
or pleads guilty to both a sexual motivation specification and a	5075
sexually violent predator specification that were included in the	5076
indictment, count in the indictment, or information charging that	5077
offense, the conviction of or plea of guilty to the offense and	5078
the sexually violent predator specification automatically	5079
classifies the offender as a tier III sex offender/child-victim	5080
offender for purposes of Chapter 2950. of the Revised Code.	5081

(2) If an offender is convicted of or pleads guilty to	5082
committing on or after January 2, 2007, a violation of division	5083
(A)(1)(b) of section 2907.02 of the Revised Code and either the	5084
offender is sentenced under section 2971.03 of the Revised Code or	5085
a sentence of life without parole is imposed under division (B) of	5086
section 2907.02 of the Revised Code, the conviction of or plea of	5087
guilty to the offense automatically classifies the offender as a	5088
tier III sex offender/child-victim offender for purposes of	5089
Chapter 2950. of the Revised Code.	5090

(3) If a person is convicted of or pleads guilty to	5091
committing on or after January 2, 2007, attempted rape and also is	5092
convicted of or pleads guilty to a specification of the type	5093
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5094
Revised Code, the conviction of or plea of guilty to the offense	5095
and the specification automatically classify the offender as a	5096
tier III sex offender/child-victim offender for purposes of	5097
Chapter 2950. of the Revised Code.	5098

(4) If a person is convicted of or pleads guilty to one of	5099
the offenses described in division (B)(3)(a), (b), (c), or (d) of	5100
this section and a sexual motivation specification related to the	5101
offense and the victim of the offense is less than thirteen years	5102
of age, the conviction of or plea of guilty to the offense	5103
automatically classifies the offender as a tier III sex	5104
offender/child-victim offender for purposes of Chapter 2950. of	5105
the Revised Code.	5106

Sec. 2971.07.  (A) This chapter does not apply to any	5107
offender unless the offender is one of the following:	5108

(1) The offender is convicted of or pleads guilty to a	5109
violent sex offense and also is convicted of or pleads guilty to a	5110
sexually violent predator specification that was included in the	5111
indictment, count in the indictment, or information charging that	5112
offense.	5113

(2) The offender is convicted of or pleads guilty to a	5114
designated homicide, assault, or kidnapping offense and also is	5115
convicted of or pleads guilty to both a sexual motivation	5116
specification and a sexually violent predator specification that	5117
were included in the indictment, count in the indictment, or	5118
information charging that offense.	5119

(3) The offender is convicted of or pleads guilty to a	5120
violation of division (A)(1)(b) of section 2907.02 of the Revised	5121
Code committed on or after January 2, 2007, and the court does not	5122
sentence the offender to a term of life without parole pursuant to	5123
division (B) of section 2907.02 of the Revised Code or division	5124
(B) of that section prohibits the court from sentencing the	5125
offender pursuant to section 2971.03 of the Revised Code.	5126

(4) The offender is convicted of or pleads guilty to	5127
attempted rape committed on or after January 2, 2007, and also is	5128
convicted of or pleads guilty to a specification of the type	5129
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5130
Revised Code.	5131

(5) The offender is convicted of or pleads guilty to a	5132
violation of section 2905.01 of the Revised Code and also is	5133
convicted of or pleads guilty to a sexual motivation specification	5134
that was included in the indictment, count in the indictment, or	5135
information charging that offense, and that section requires a	5136
court to sentence the offender pursuant to section 2971.03 of the	5137
Revised Code.	5138

(6) The offender is convicted of or pleads guilty to	5139
aggravated murder and also is convicted of or pleads guilty to a	5140
sexual motivation specification that was included in the	5141
indictment, count in the indictment, or information charging that	5142
offense, and division (A)(2)(b)(ii) of section 2929.022, division	5143
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	5144
or (E)(1)(d) of section 2929.03, or division (A) or (B)(C) of	5145
section 2929.062929.02 of the Revised Code requires a court to	5146
sentence the offender pursuant to division (B)(3) of section	5147
2971.03 of the Revised Code.	5148

(7) The offender is convicted of or pleads guilty to murder	5149
and also is convicted of or pleads guilty to a sexual motivation	5150
specification that was included in the indictment, count in the	5151
indictment, or information charging that offense, and division	5152
(B)(2)(C) of section 2929.02 of the Revised Code requires a court	5153
to sentence the offender pursuant to section 2971.03 of the	5154
Revised Code.	5155

(B) This chapter does not limit or affect a court in imposing	5156
upon an offender described in divisions (A)(1) to (9) of this	5157
section any financial sanction under section 2929.18 or any other	5158
section of the Revised Code, or, except as specifically provided	5159
in this chapter, any other sanction that is authorized or required	5160
for the offense or violation by any other provision of law.	5161

(C) If an offender is sentenced to a prison term under	5162
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5163
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5164
Code and if, pursuant to section 2971.05 of the Revised Code, the	5165
court modifies the requirement that the offender serve the entire	5166
prison term in a state correctional institution or places the	5167
offender on conditional release that involves the placement of the	5168
offender under the supervision of the adult parole authority,	5169
authorized field officers of the authority who are engaged within	5170
the scope of their supervisory duties or responsibilities may	5171
search, with or without a warrant, the person of the offender, the	5172
place of residence of the offender, and a motor vehicle, another	5173
item of tangible or intangible personal property, or any other	5174
real property in which the offender has the express or implied	5175
permission of a person with a right, title, or interest to use,	5176
occupy, or possess if the field officer has reasonable grounds to	5177
believe that the offender is not abiding by the law or otherwise	5178
is not complying with the terms and conditions of the offender's	5179
modification or release. The authority shall provide each offender	5180
with a written notice that informs the offender that authorized	5181
field officers of the authority who are engaged within the scope	5182
of their supervisory duties or responsibilities may conduct those	5183
types of searches during the period of the modification or release	5184
if they have reasonable grounds to believe that the offender is	5185
not abiding by the law or otherwise is not complying with the	5186
terms and conditions of the offender's modification or release.	5187

Sec. 5120.113.  (A) For each inmate committed to the	5188
department of rehabilitation and correction, except as provided in	5189
division (B) of this section, the department shall prepare a	5190
written reentry plan for the inmate to help guide the inmate's	5191
rehabilitation program during imprisonment, to assist in the	5192
inmate's reentry into the community, and to assess the inmate's	5193
needs upon release.	5194

(B) Division (A) of this section does not apply to an inmate	5195
who has been sentenced to life imprisonment without parole or who	5196
has been sentenced to death before the effective date of this	5197
amendment. Division (A) of this section does not apply to any	5198
inmate who is expected to be imprisoned for thirty days or less,	5199
but the department may prepare a written reentry plan of the type	5200
described in that division if the department determines that the	5201
plan is needed.	5202

(C) The department may collect, if available, any social and	5203
other information that will aid in the preparation of reentry	5204
plans under this section.	5205

(D) In the event the department does not prepare a written	5206
reentry plan as specified in division (A) of this section, or	5207
makes a decision to not prepare a written reentry plan under	5208
division (B) of this section or to not collect information under	5209
division (C) of this section, that fact does not give rise to a	5210
claim for damages against the state, the department, the director	5211
of the department, or any employee of the department.	5212

Sec. 5120.61.  (A)(1) Not later than ninety days after	5213
January 1, 1997, the department of rehabilitation and correction	5214
shall adopt standards that it will use under this section to	5215
assess the following criminal offenders and may periodically	5216
revise the standards:	5217

(a) A criminal offender who is convicted of or pleads guilty	5218
to a violent sex offense or designated homicide, assault, or	5219
kidnapping offense and is adjudicated a sexually violent predator	5220
in relation to that offense;	5221

(b) A criminal offender who is convicted of or pleads guilty	5222
to a violation of division (A)(1)(b) of section 2907.02 of the	5223
Revised Code committed on or after January 2, 2007, and either who	5224
is sentenced under section 2971.03 of the Revised Code or upon	5225
whom a sentence of life without parole is imposed under division	5226
(B) of section 2907.02 of the Revised Code;	5227

(c) A criminal offender who is convicted of or pleads guilty	5228
to attempted rape committed on or after January 2, 2007, and a	5229
specification of the type described in section 2941.1418,	5230
2941.1419, or 2941.1420 of the Revised Code;	5231

(d) A criminal offender who is convicted of or pleads guilty	5232
to a violation of section 2905.01 of the Revised Code and also is	5233
convicted of or pleads guilty to a sexual motivation specification	5234
that was included in the indictment, count in the indictment, or	5235
information charging that offense, and who is sentenced pursuant	5236
to section 2971.03 of the Revised Code;	5237

(e) A criminal offender who is convicted of or pleads guilty	5238
to aggravated murder and also is convicted of or pleads guilty to	5239
a sexual motivation specification that was included in the	5240
indictment, count in the indictment, or information charging that	5241
offense, and who pursuant to division (A)(2)(b)(ii) of section	5242
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5243
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5244
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5245
Code is sentenced pursuant to division (B)(3) of section 2971.03	5246
of the Revised Code;	5247

(f) A criminal offender who is convicted of or pleads guilty	5248
to murder and also is convicted of or pleads guilty to a sexual	5249
motivation specification that was included in the indictment,	5250
count in the indictment, or information charging that offense, and	5251
who pursuant to division (B)(2)(C)(1) of section 2929.02 of the	5252
Revised Code is sentenced pursuant to section 2971.03 of the	5253
Revised Code.	5254

(2) When the department is requested by the parole board or	5255
the court to provide a risk assessment report of the offender	5256
under section 2971.04 or 2971.05 of the Revised Code, it shall	5257
assess the offender and complete the assessment as soon as	5258
possible after the offender has commenced serving the prison term	5259
or term of life imprisonment without parole imposed under division	5260
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	5261
(b), (c), or (d) of section 2971.03 of the Revised Code.	5262
Thereafter, the department shall update a risk assessment report	5263
pertaining to an offender as follows:	5264

(a) Periodically, in the discretion of the department,	5265
provided that each report shall be updated no later than two years	5266
after its initial preparation or most recent update;	5267

(b) Upon the request of the parole board for use in	5268
determining pursuant to section 2971.04 of the Revised Code	5269
whether it should terminate its control over an offender's service	5270
of a prison term imposed upon the offender under division (A)(3),	5271
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5272
(c), or (d) of section 2971.03 of the Revised Code;	5273

(c) Upon the request of the court.

5274

(3) After the department of rehabilitation and correction	5275
assesses an offender pursuant to division (A)(2) of this section,	5276
it shall prepare a report that contains its risk assessment for	5277
the offender or, if a risk assessment report previously has been	5278
prepared, it shall update the risk assessment report.	5279

(4) The department of rehabilitation and correction shall	5280
provide each risk assessment report that it prepares or updates	5281
pursuant to this section regarding an offender to all of the	5282
following:	5283

(a) The parole board for its use in determining pursuant to	5284
section 2971.04 of the Revised Code whether it should terminate	5285
its control over an offender's service of a prison term imposed	5286
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	5287
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	5288
2971.03 of the Revised Code, if the parole board has not	5289
terminated its control over the offender;	5290

(b) The court for use in determining, pursuant to section	5291
2971.05 of the Revised Code, whether to modify the requirement	5292
that the offender serve the entire prison term imposed upon the	5293
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	5294
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	5295
the Revised Code in a state correctional institution, whether to	5296
revise any modification previously made, or whether to terminate	5297
the prison term;	5298

(c) The prosecuting attorney who prosecuted the case, or the	5299
successor in office to that prosecuting attorney;	5300

(d) The offender.

5301

(B) When the department of rehabilitation and correction	5302
provides a risk assessment report regarding an offender to the	5303
parole board or court pursuant to division (A)(4)(a) or (b) of	5304
this section, the department, prior to the parole board's or	5305
court's hearing, also shall provide to the offender or to the	5306
offender's attorney of record a copy of the report and a copy of	5307
any other relevant documents the department possesses regarding	5308
the offender that the department does not consider to be	5309
confidential.	5310

(C) As used in this section:

5311

(1) "Adjudicated a sexually violent predator" has the same	5312
meaning as in section 2929.01 of the Revised Code, and a person is	5313
"adjudicated a sexually violent predator" in the same manner and	5314
the same circumstances as are described in that section.	5315

(2) "Designated homicide, assault, or kidnapping offense" and	5316
"violent sex offense" have the same meanings as in section 2971.01	5317
of the Revised Code.	5318

Sec. 5919.16.  (A) Commissioned and warrant officers in the	5319
Ohio national guard shall be discharged by the adjutant general	5320
upon either of the following:	5321

(1) The officer's resignation;

5322

(2) Approval of a board's recommendation for withdrawal of	5323
federal recognition by the chief of the national guard bureau.	5324

(B) An officer also may be discharged under any of the	5325
following circumstances:	5326

(1) Pursuant to other federal regulations;

5327

(2) If absent without leave for three months, upon	5328
recommendation of an efficiency board;	5329

(3) Pursuant to sentence by court-martial;

5330

(4) If the officer has been convicted of a crime classified	5331
as a felony as described in division (C) or (D) or (E) of section	5332
2901.02 of the Revised Code.	5333

Section 2.  That existing sections 120.03, 120.06, 120.14,	5334
120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183,	5335
2152.13, 2152.67, 2301.20, 2307.60, 2701.07, 2743.51, 2901.02,	5336
2909.24, 2929.02, 2929.13, 2929.14, 2941.021, 2941.14, 2941.148,	5337
2941.401, 2941.43, 2941.51, 2945.06, 2945.21, 2945.25, 2945.33,	5338
2945.38, 2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09,	5339
2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 2953.81, 2967.05,	5340
2967.13, 2967.193, 2971.03, 2971.07, 5120.113, 5120.61, and	5341
5919.16 and sections 109.97, 120.35, 2929.021, 2929.022,	5342
2929.023, 2929.024, 2929.03, 2929.04, 2929.05, 2929.06, 2947.08,	5343
2949.21, 2949.22, 2949.24, 2949.25, 2949.26, 2949.27, 2949.28,	5344
2949.29, 2949.31, and 2967.08 of the Revised Code are hereby	5345
repealed.	5346

Section 3. (A) An offender whose sentence of death has been	5347
set aside, nullified, or vacated pursuant to section 2929.06 of	5348
the Revised Code as it existed immediately before the effective	5349
date of this act but who has not been resentenced under that	5350
section as of the effective date of this act shall be resentenced	5351
in accordance with that section as it existed immediately before	5352
the effective date of this act.	5353

(B) Nothing in this act is intended to nullify or mitigate	5354
the sentence of an offender who was sentenced to death before the	5355
effective date of this act. An offender who was sentenced to death	5356
before the effective date of this act shall have the same rights	5357
to appeal and to postconviction remedies as the offender had under	5358
the provisions of Chapter 2953. of the Revised Code as those	5359
provisions existed immediately before the effective date of this	5360
act or as those provisions may hereafter be amended, and courts	5361
shall have the same powers and duties with respect to those	5362
offenders under those provisions as courts had before the	5363
effective date of this act.	5364

(C) All reports and payments relating to capital cases that	5365
were required to be made under any provision of Chapter 120. or	5366
section 109.97 or 2941.51 of the Revised Code as those provisions	5367
existed immediately before the effective date of this act shall be	5368
made for each calendar or fiscal year, as applicable, in	5369
accordance with those provisions as they existed immediately	5370
before the effective date of this act until each case in which a	5371
defendant was sentenced to death before the effective date of this	5372
act is finally resolved.	5373

(D) In an action in which an offender was sentenced to death	5374
before the effective date of this act, a court of common pleas	5375
shall preserve the records of the action as required by section	5376
2301.20 of the Revised Code as it existed immediately before the	5377
effective date of this act.	5378

Section 4. Attorneys appointed to represent indigent	5379
defendants in post-conviction relief proceedings in cases in which	5380
the defendant was sentenced to death before the effective date of	5381
this act shall be certified under Rule 20 of the Rules of	5382
Superintendence for the Courts of Ohio as required by sections	5383
120.06, 120.14, 120.26, and 120.33 of the Revised Code as those	5384
sections existed immediately before the effective date of this	5385
act.	5386

Section 5. The General Assembly, applying the principle	5387
stated in division (B) of section 1.52 of the Revised Code that	5388
amendments are to be harmonized if reasonably capable of	5389
simultaneous operation, finds that the following sections,	5390
presented in this act as composites of the sections as amended by	5391
the acts indicated, are the resulting versions of the sections in	5392
effect prior to the effective date of the sections as presented in	5393
this act:	5394

Section 2929.13 of the Revised Code as amended by Am. Sub.	5395
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160, all of the	5396
129th General Assembly.	5397

Section 2953.07 of the Revised Code as amended by both Am.	5398
Sub. S.B. 2 and Am. Sub. S.B. 4 of the 121st General Assembly.	5399

Section 2953.08 of the Revised Code as amended by Sub. H.B.	5400
247, Am. Sub. S.B. 160, and Am. Sub. S.B. 337, all of the 129th	5401
General Assembly.	5402