As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 293

Senator Brown 

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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, 5139.04, and 5919.16 and to

11

repeal sections 109.97, 120.35, 2929.021,

12

2929.022, 2929.023, 2929.024, 2929.03, 2929.04,

13

2929.05, 2929.06, 2947.08, 2949.21, 2949.22,

14

2949.24, 2949.25, 2949.26, 2949.27, 2949.28,

15

2949.29, 2949.31, and 2967.08 of the Revised Code

16

to abolish the death penalty and to declare an

17

emergency.

18

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

Section 1. That sections 120.03, 120.06, 120.14, 120.16,	19
120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183, 2152.13,	20
2152.67, 2301.20, 2307.60, 2701.07, 2743.51, 2901.02, 2909.24,	21
2929.02, 2929.13, 2929.14, 2941.021, 2941.14, 2941.148, 2941.401,	22
2941.43, 2941.51, 2945.06, 2945.21, 2945.25, 2945.33, 2945.38,	23
2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09, 2953.10,	24
2953.21, 2953.23, 2953.71, 2953.72, 2953.81, 2967.05, 2967.13,	25
2967.193, 2971.03, 2971.07, 5120.113, 5120.61, 5139.04, and	26
5919.16 of the Revised Code be amended to read as follows:	27

Sec. 120.03.  (A) The Ohio public defender commission shall	28
appoint the state public defender, who shall serve at the pleasure	29
of the commission.	30

(B) The Ohio public defender commission shall establish rules	31
for the conduct of the offices of the county and joint county	32
public defenders and for the conduct of county appointed counsel	33
systems in the state. These rules shall include, but are not	34
limited to, the following:	35

(1) Standards of indigency and minimum qualifications for	36
legal representation by a public defender or appointed counsel. In	37
establishing standards of indigency and determining who is	38
eligible for legal representation by a public defender or	39
appointed counsel, the commission shall consider an indigent	40
person to be an individual who at the time histhe person's need	41
is determined is unable to provide for the payment of an attorney	42
and all other necessary expenses of representation. Release on	43
bail shall not prevent a person from being determined to be	44
indigent.	45

(2) Standards for the hiring of outside counsel;

46

(3) Standards for contracts by a public defender with law	47
schools, legal aid societies, and nonprofit organizations for	48
providing counsel;	49

(4) Standards for the qualifications, training, and size of	50
the legal and supporting staff for a public defender, facilities,	51
and other requirements needed to maintain and operate an office of	52
a public defender;	53

(5) Minimum caseload standards;

54

(6) Procedures for the assessment and collection of the costs	55
of legal representation that is provided by public defenders or	56
appointed counsel;	57

(7) Standards and guidelines for determining whether a client	58
is able to make an up-front contribution toward the cost of his	59
the client's legal representation;	60

(8) Procedures for the collection of up-front contributions	61
from clients who are able to contribute toward the cost of their	62
legal representation, as determined pursuant to the standards and	63
guidelines developed under division (B)(7) of this section. All of	64
such up-front contributions shall be paid into the appropriate	65
county fund.	66

(9) Standards for contracts between a board of county	67
commissioners, a county public defender commission, or a joint	68
county public defender commission and a municipal corporation for	69
the legal representation of indigent persons charged with	70
violations of the ordinances of the municipal corporation.	71

(C) The Ohio public defender commission shall adopt rules	72
prescribing minimum qualifications of counsel appointed pursuant	73
to this chapter or appointed by the courts. Without limiting its	74
general authority to prescribe different qualifications for	75
different categories of appointed counsel, the commission shall	76
prescribe, by rule, special qualifications for counsel and	77
co-counsel appointed in capital cases.	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)(1) The state public defender may conduct a legal	404
assistance referral service for children committed to the	405
department of youth services relative to conditions of confinement	406
claims. If the legal assistance referral service receives a	407
request for assistance from a child confined in a facility	408
operated, or contracted for, by the department of youth services	409
and the state public defender determines that the child has a	410
conditions of confinement claim that has merit, the state public	411
defender may refer the child to a private attorney. If no private	412
attorney who the child has been referred to by the state public	413
defender accepts the case within a reasonable time, the state	414
public defender may prepare, as appropriate, pro se pleadings in	415
the form of a complaint regarding the conditions of confinement at	416
the facility where the child is confined with a motion for	417
appointment of counsel and other applicable pleadings necessary	418
for sufficient pro se representation.	419

(2) Division (G)(F)(1) of this section does not authorize the	420
state public defender to represent a child committed to the	421
department of youth services in general civil matters arising	422
solely out of state law.	423

(3) The state public defender shall not undertake the	424
representation of a child in court based on a conditions of	425
confinement claim arising under this division.	426

(H)(G) A child's right to representation or services under	427
this section is not affected by the child, or another person on	428
behalf of the child, previously having paid for similar	429
representation or services or having waived legal representation.	430

(I)(H) The state public defender shall have reasonable access	431
to any child committed to the department of youth services,	432
department of youth services institution, and department of youth	433
services record as needed to implement this section.	434

(J)(I) As used in this section:

435

(1) "Community control sanction" has the same meaning as in	436
section 2929.01 of the Revised Code.	437

(2) "Conditions of confinement" means any issue involving a	438
constitutional right or other civil right related to a child's	439
incarceration, including, but not limited to, actions cognizable	440
under 42 U.S.C. 1983.	441

(3) "Post-release control sanction" has the same meaning as	442
in section 2967.01 of the Revised Code.	443

Sec. 120.14.  (A)(1) Except as provided in division (A)(2) of	444
this section, the county public defender commission shall appoint	445
the county public defender and may remove himthe county public	446
defender from office only for good cause.	447

(2) If a county public defender commission contracts with the	448
state public defender or with one or more nonprofit organizations	449
for the state public defender or the organizations to provide all	450
of the services that the county public defender is required or	451
permitted to provide by this chapter, the commission shall not	452
appoint a county public defender.	453

(B) The commission shall determine the qualifications and	454
size of the supporting staff and facilities and other requirements	455
needed to maintain and operate the office of the county public	456
defender.	457

(C) In administering the office of county public defender,	458
the commission shall:	459

(1) Recommend to the county commissioners an annual operating	460
budget which is subject to the review, amendment, and approval of	461
the board of county commissioners;	462

(2)(a) Make an annual report to the county commissioners and	463
the Ohio public defender commission on the operation of the county	464
public defender's office, including complete and detailed	465
information on finances and costs that separately states costs and	466
expenses that are reimbursable under section 120.35 of the Revised	467
Code, and any other data and information requested by the state	468
public defender;	469

(b) Make monthly reports relating to reimbursement and	470
associated case data pursuant to the rules of the Ohio public	471
defender commission to the board of county commissioners and the	472
Ohio public defender commission on the total costs of the public	473
defender's office.	474

(3) Cooperate with the Ohio public defender commission in	475
maintaining the standards established by rules of the Ohio public	476
defender commission pursuant to divisions (B) and (C) of section	477
120.03 of the Revised Code, and cooperate with the state public	478
defender in histhe state public defender's programs providing	479
technical aid and assistance to county systems.	480

(D) The commission may accept the services of volunteer	481
workers and consultants at no compensation except reimbursement	482
for actual and necessary expenses.	483

(E) The commission may contract with any municipal	484
corporation, within the county served by the county public	485
defender, for the county public defender to provide legal	486
representation for indigent persons who are charged with a	487
violation of the ordinances of the municipal corporation.	488

(F) A county public defender commission, with the approval of	489
the board of county commissioners regarding all provisions that	490
pertain to the financing of defense counsel for indigent persons,	491
may contract with the state public defender or with any nonprofit	492
organization, the primary purpose of which is to provide legal	493
representation to indigent persons, for the state public defender	494
or the organization to provide all or any part of the services	495
that a county public defender is required or permitted to provide	496
by this chapter. A contract entered into pursuant to this division	497
may provide for payment for the services provided on a per case,	498
hourly, or fixed contract basis. The state public defender and any	499
nonprofit organization that contracts with a county public	500
defender commission pursuant to this division shall do all of the	501
following:	502

(1) Comply with all standards established by the rules of the	503
Ohio public defender commission;	504

(2) Comply with all standards established by the state public	505
defender;	506

(3) Comply with all statutory duties and other laws	507
applicable to county public defenders.	508

Sec. 120.16.  (A)(1) The county public defender shall provide	509
legal representation to indigent adults and juveniles who are	510
charged with the commission of an offense or act that is a	511
violation of a state statute and for which the penalty or any	512
possible adjudication includes the potential loss of liberty and	513
in postconviction proceedings as defined in this section.	514

(2) The county public defender may provide legal	515
representation to indigent adults and juveniles charged with the	516
violation of an ordinance of a municipal corporation for which the	517
penalty or any possible adjudication includes the potential loss	518
of liberty, if the county public defender commission has	519
contracted with the municipal corporation to provide legal	520
representation for indigent persons charged with a violation of an	521
ordinance of the municipal corporation.	522

(B) The county public defender shall provide the legal	523
representation authorized by division (A) of this section at every	524
stage of the proceedings following arrest, detention, service of	525
summons, or indictment.	526

(C) The county public defender may request the state public	527
defender to prosecute any appeal or other remedy before or after	528
conviction that the county public defender decides is in the	529
interests of justice, and may provide legal representation in	530
parole and probation revocation matters and matters relating to	531
the revocation of community control or post-release control under	532
a community control sanction or post-release control sanction.	533

(D) The county public defender shall not be required to	534
prosecute any appeal, postconviction remedy, or other proceeding,	535
unless the county public defender is first satisfied there is	536
arguable merit to the proceeding.	537

(E) Nothing in this section shall prevent a court from	538
appointing counsel other than the county public defender or from	539
allowing an indigent person to select the indigent person's own	540
personal counsel to represent the indigent person. A court may	541
also appoint counsel or allow an indigent person to select the	542
indigent person's own personal counsel to assist the county public	543
defender as co-counsel when the interests of justice so require.	544

(F) Information as to the right to legal representation by	545
the county public defender or assigned counsel shall be afforded	546
to an accused person immediately upon arrest, when brought before	547
a magistrate, or when formally charged, whichever occurs first.	548

(G) If a court appoints the office of the county public	549
defender to represent a petitioner in a postconviction relief	550
proceeding under section 2953.21 of the Revised Code, the	551
petitioner has received a sentence of death, and the proceeding	552
relates to that sentence, all of the attorneys who represent the	553
petitioner in the proceeding pursuant to the appointment, whether	554
an assistant county public defender or the county public defender,	555
shall be certified under Rule 20 of the Rules of Superintendence	556
for the Courts of Ohio to represent indigent defendants charged	557
with or convicted of an offense for which the death penalty can be	558
or has been imposed.	559

(H) As used in this section:

560

(1) "Community control sanction" has the same meaning as in	561
section 2929.01 of the Revised Code.	562

(2) "Post-release control sanction" has the same meaning as	563
in section 2967.01 of the Revised Code.	564

Sec. 120.18.  (A) The county public defender commission's	565
report to the board of county commissioners shall be audited by	566
the county auditor. The board of county commissioners, after	567
review and approval of the audited report, may then certify it to	568
the state public defender for reimbursement. If a request for the	569
reimbursement of any operating expenditure incurred by a county	570
public defender office is not received by the state public	571
defender within sixty days after the end of the calendar month in	572
which the expenditure is incurred, the state public defender shall	573
not pay the requested reimbursement, unless the county has	574
requested, and the state public defender has granted, an extension	575
of the sixty-day time limit. Each request for reimbursement shall	576
include a certification by the county public defender that the	577
persons provided representation by the county public defender's	578
office during the period covered by the report were indigent and,	579
for each person provided representation during that period, a	580
financial disclosure form completed by the person on a form	581
prescribed by the state public defender. The state public defender	582
shall also review the report and, in accordance with the	583
standards, guidelines, and maximums established pursuant to	584
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	585
prepare a voucher for fifty per cent of the total cost of each	586
county public defender's office for the period of time covered by	587
the certified report and a voucher for fifty per cent of the costs	588
and expenses that are reimbursable under section 120.35 of the	589
Revised Code, if any, or, if the amount of money appropriated by	590
the general assembly to reimburse counties for the operation of	591
county public defender offices, joint county public defender	592
offices, and county appointed counsel systems is not sufficient to	593
pay fifty per cent of the total cost of all of the offices and	594
systems, for the lesser amount required by section 120.34 of the	595
Revised Code. For the purposes of this section, "total cost" means	596
total expenses minus costs and expenses reimbursable under section	597
120.35 of the Revised Code and any funds received by the county	598
public defender commission pursuant to a contract, except a	599
contract entered into with a municipal corporation pursuant to	600
division (E) of section 120.14 of the Revised Code, gift, or	601
grant.	602

(B) If the county public defender fails to maintain the	603
standards for the conduct of the office established by rules of	604
the Ohio public defender commission pursuant to divisions (B) and	605
(C) of section 120.03 or the standards established by the state	606
public defender pursuant to division (B)(7) of section 120.04 of	607
the Revised Code, the Ohio public defender commission shall notify	608
the county public defender commission and the board of county	609
commissioners of the county that the county public defender has	610
failed to comply with its rules or the standards of the state	611
public defender. Unless the county public defender commission or	612
the county public defender corrects the conduct of the county	613
public defender's office to comply with the rules and standards	614
within ninety days after the date of the notice, the state public	615
defender may deny payment of all or part of the county's	616
reimbursement from the state provided for in division (A) of this	617
section.	618

Sec. 120.24.  (A)(1) Except as provided in division (A)(2) of	619
this section, the joint county public defender commission shall	620
appoint the joint county public defender and may remove himthe	621
joint county public defender from office only for good cause.	622

(2) If a joint county public defender commission contracts	623
with the state public defender or with one or more nonprofit	624
organizations for the state public defender or the organizations	625
to provide all of the services that the joint county public	626
defender is required or permitted to provide by this chapter, the	627
commission shall not appoint a joint county public defender.	628

(B) The commission shall determine the qualifications and	629
size of the supporting staff and facilities and other requirements	630
needed to maintain and operate the office.	631

(C) In administering the office of joint county public	632
defender, the commission shall:	633

(1) Recommend to the boards of county commissioners in the	634
district an annual operating budget which is subject to the	635
review, amendment, and approval of the boards of county	636
commissioners in the district;	637

(2)(a) Make an annual report to the boards of county	638
commissioners in the district and the Ohio public defender	639
commission on the operation of the public defender's office,	640
including complete and detailed information on finances and costs	641
that separately states costs and expenses that are reimbursable	642
under section 120.35 of the Revised Code, and such other data and	643
information requested by the state public defender;	644

(b) Make monthly reports relating to reimbursement and	645
associated case data pursuant to the rules of the Ohio public	646
defender commission to the boards of county commissioners in the	647
district and the Ohio public defender commission on the total	648
costs of the public defender's office.	649

(3) Cooperate with the Ohio public defender commission in	650
maintaining the standards established by rules of the Ohio public	651
defender commission pursuant to divisions (B) and (C) of section	652
120.03 of the Revised Code, and cooperate with the state public	653
defender in histhe state public defender's programs providing	654
technical aid and assistance to county systems.	655

(D) The commission may accept the services of volunteer	656
workers and consultants at no compensation except reimbursement	657
for actual and necessary expenses.	658

(E) The commission may contract with any municipal	659
corporation, within the counties served by the joint county public	660
defender, for the joint county public defender to provide legal	661
representation for indigent persons who are charged with a	662
violation of the ordinances of the municipal corporation.	663

(F) A joint county public defender commission, with the	664
approval of each participating board of county commissioners	665
regarding all provisions that pertain to the financing of defense	666
counsel for indigent persons, may contract with the state public	667
defender or with any nonprofit organization, the primary purpose	668
of which is to provide legal representation to indigent persons,	669
for the state public defender or the organization to provide all	670
or any part of the services that a joint county public defender is	671
required or permitted to provide by this chapter. A contract	672
entered into pursuant to this division may provide for payment for	673
the services provided on a per case, hourly, or fixed contract	674
basis. The state public defender and any nonprofit organization	675
that contracts with a joint county public defender commission	676
pursuant to this division shall do all of the following:	677

(1) Comply with all standards established by the rules of the	678
Ohio public defender commission;	679

(2) Comply with all standards established by the Ohio public	680
defender;	681

(3) Comply with all statutory duties and other laws	682
applicable to joint county public defenders.	683

Sec. 120.26.  (A)(1) The joint county public defender shall	684
provide legal representation to indigent adults and juveniles who	685
are charged with the commission of an offense or act that is a	686
violation of a state statute and for which the penalty or any	687
possible adjudication includes the potential loss of liberty and	688
in postconviction proceedings as defined in this section.	689

(2) The joint county public defender may provide legal	690
representation to indigent adults and juveniles charged with the	691
violation of an ordinance of a municipal corporation for which the	692
penalty or any possible adjudication includes the potential loss	693
of liberty, if the joint county public defender commission has	694
contracted with the municipal corporation to provide legal	695
representation for indigent persons charged with a violation of an	696
ordinance of the municipal corporation.	697

(B) The joint county public defender shall provide the legal	698
representation authorized by division (A) of this section at every	699
stage of the proceedings following arrest, detention, service of	700
summons, or indictment.	701

(C) The joint county public defender may request the Ohio	702
public defender to prosecute any appeal or other remedy before or	703
after conviction that the joint county public defender decides is	704
in the interests of justice and may provide legal representation	705
in parole and probation revocation matters and matters relating to	706
the revocation of community control or post-release control under	707
a community control sanction or post-release control sanction.	708

(D) The joint county public defender shall not be required to	709
prosecute any appeal, postconviction remedy, or other proceeding,	710
unless the joint county public defender is first satisfied that	711
there is arguable merit to the proceeding.	712

(E) Nothing in this section shall prevent a court from	713
appointing counsel other than the joint county public defender or	714
from allowing an indigent person to select the indigent person's	715
own personal counsel to represent the indigent person. A court may	716
also appoint counsel or allow an indigent person to select the	717
indigent person's own personal counsel to assist the joint county	718
public defender as co-counsel when the interests of justice so	719
require.	720

(F) Information as to the right to legal representation by	721
the joint county public defender or assigned counsel shall be	722
afforded to an accused person immediately upon arrest, when	723
brought before a magistrate, or when formally charged, whichever	724
occurs first.	725

(G) If a court appoints the office of the joint county public	726
defender to represent a petitioner in a postconviction relief	727
proceeding under section 2953.21 of the Revised Code, the	728
petitioner has received a sentence of death, and the proceeding	729
relates to that sentence, all of the attorneys who represent the	730
petitioner in the proceeding pursuant to the appointment, whether	731
an assistant joint county defender or the joint county public	732
defender, shall be certified under Rule 20 of the Rules of	733
Superintendence for the Courts of Ohio to represent indigent	734
defendants charged with or convicted of an offense for which the	735
death penalty can be or has been imposed.	736

(H) As used in this section:

737

(1) "Community control sanction" has the same meaning as in	738
section 2929.01 of the Revised Code.	739

(2) "Post-release control sanction" has the same meaning as	740
in section 2967.01 of the Revised Code.	741

Sec. 120.28.  (A) The joint county public defender	742
commission's report to the joint board of county commissioners	743
shall be audited by the fiscal officer of the district. The joint	744
board of county commissioners, after review and approval of the	745
audited report, may then certify it to the state public defender	746
for reimbursement. If a request for the reimbursement of any	747
operating expenditure incurred by a joint county public defender	748
office is not received by the state public defender within sixty	749
days after the end of the calendar month in which the expenditure	750
is incurred, the state public defender shall not pay the requested	751
reimbursement, unless the joint board of county commissioners has	752
requested, and the state public defender has granted, an extension	753
of the sixty-day time limit. Each request for reimbursement shall	754
include a certification by the joint county public defender that	755
all persons provided representation by the joint county public	756
defender's office during the period covered by the request were	757
indigent and, for each person provided representation during that	758
period, a financial disclosure form completed by the person on a	759
form prescribed by the state public defender. The state public	760
defender shall also review the report and, in accordance with the	761
standards, guidelines, and maximums established pursuant to	762
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	763
prepare a voucher for fifty per cent of the total cost of each	764
joint county public defender's office for the period of time	765
covered by the certified report and a voucher for fifty per cent	766
of the costs and expenses that are reimbursable under section	767
120.35 of the Revised Code, if any, or, if the amount of money	768
appropriated by the general assembly to reimburse counties for the	769
operation of county public defender offices, joint county public	770
defender offices, and county appointed counsel systems is not	771
sufficient to pay fifty per cent of the total cost of all of the	772
offices and systems, for the lesser amount required by section	773
120.34 of the Revised Code. For purposes of this section, "total	774
cost" means total expenses minus costs and expenses reimbursable	775
under section 120.35 of the Revised Code and any funds received by	776
the joint county public defender commission pursuant to a	777
contract, except a contract entered into with a municipal	778
corporation pursuant to division (E) of section 120.24 of the	779
Revised Code, gift, or grant. Each county in the district shall be	780
entitled to a share of such state reimbursement in proportion to	781
the percentage of the total cost it has agreed to pay.	782

(B) If the joint county public defender fails to maintain the	783
standards for the conduct of the office established by the rules	784
of the Ohio public defender commission pursuant to divisions (B)	785
and (C) of section 120.03 or the standards established by the	786
state public defender pursuant to division (B)(7) of section	787
120.04 of the Revised Code, the Ohio public defender commission	788
shall notify the joint county public defender commission and the	789
board of county commissioners of each county in the district that	790
the joint county public defender has failed to comply with its	791
rules or the standards of the state public defender. Unless the	792
joint public defender commission or the joint county public	793
defender corrects the conduct of the joint county public	794
defender's office to comply with the rules and standards within	795
ninety days after the date of the notice, the state public	796
defender may deny all or part of the counties' reimbursement from	797
the state provided for in division (A) of this section.	798

Sec. 120.33.  (A) In lieu of using a county public defender	799
or joint county public defender to represent indigent persons in	800
the proceedings set forth in division (A) of section 120.16 of the	801
Revised Code, the board of county commissioners of any county may	802
adopt a resolution to pay counsel who are either personally	803
selected by the indigent person or appointed by the court. The	804
resolution shall include those provisions the board of county	805
commissioners considers necessary to provide effective	806
representation of indigent persons in any proceeding for which	807
counsel is provided under this section. The resolution shall	808
include provisions for contracts with any municipal corporation	809
under which the municipal corporation shall reimburse the county	810
for counsel appointed to represent indigent persons charged with	811
violations of the ordinances of the municipal corporation.	812

(1) In a county that adopts a resolution to pay counsel, an	813
indigent person shall have the right to do either of the	814
following:	815

(a) To select the person's own personal counsel to represent	816
the person in any proceeding included within the provisions of the	817
resolution;	818

(b) To request the court to appoint counsel to represent the	819
person in such a proceeding.	820

(2) The court having jurisdiction over the proceeding in a	821
county that adopts a resolution to pay counsel shall, after	822
determining that the person is indigent and entitled to legal	823
representation under this section, do either of the following:	824

(a) By signed journal entry recorded on its docket, enter the	825
name of the lawyer selected by the indigent person as counsel of	826
record;	827

(b) Appoint counsel for the indigent person if the person has	828
requested the court to appoint counsel and, by signed journal	829
entry recorded on its dockets, enter the name of the lawyer	830
appointed for the indigent person as counsel of record.	831

(3) The board of county commissioners shall establish a	832
schedule of fees by case or on an hourly basis to be paid to	833
counsel for legal services provided pursuant to a resolution	834
adopted under this section. Prior to establishing the schedule,	835
the board of county commissioners shall request the bar	836
association or associations of the county to submit a proposed	837
schedule. The schedule submitted shall be subject to the review,	838
amendment, and approval of the board of county commissioners.	839

(4) Counsel selected by the indigent person or appointed by	840
the court at the request of an indigent person in a county that	841
adopts a resolution to pay counsel, except for counsel appointed	842
to represent a person charged with any violation of an ordinance	843
of a municipal corporation that has not contracted with the county	844
commissioners for the payment of appointed counsel, shall be paid	845
by the county and shall receive the compensation and expenses the	846
court approves. Each request for payment shall be accompanied by a	847
financial disclosure form and an affidavit of indigency that are	848
completed by the indigent person on forms prescribed by the state	849
public defender. Compensation and expenses shall not exceed the	850
amounts fixed by the board of county commissioners in the schedule	851
adopted pursuant to division (A)(3) of this section. No court	852
shall approve compensation and expenses that exceed the amount	853
fixed pursuant to division (A)(3) of this section.	854

The fees and expenses approved by the court shall not be	855
taxed as part of the costs and shall be paid by the county.	856
However, if the person represented has, or may reasonably be	857
expected to have, the means to meet some part of the cost of the	858
services rendered to the person, the person shall pay the county	859
an amount that the person reasonably can be expected to pay.	860
Pursuant to section 120.04 of the Revised Code, the county shall	861
pay to the state public defender a percentage of the payment	862
received from the person in an amount proportionate to the	863
percentage of the costs of the person's case that were paid to the	864
county by the state public defender pursuant to this section. The	865
money paid to the state public defender shall be credited to the	866
client payment fund created pursuant to division (B)(5) of section	867
120.04 of the Revised Code.	868

The county auditor shall draw a warrant on the county	869
treasurer for the payment of counsel in the amount fixed by the	870
court, plus the expenses the court fixes and certifies to the	871
auditor. The county auditor shall report periodically, but not	872
less than annually, to the board of county commissioners and to	873
the state public defender the amounts paid out pursuant to the	874
approval of the court. The board of county commissioners, after	875
review and approval of the auditor's report, or the county	876
auditor, with permission from and notice to the board of county	877
commissioners, may then certify it to the state public defender	878
for reimbursement. The state public defender may pay a requested	879
reimbursement only if the request for reimbursement is accompanied	880
by a financial disclosure form and an affidavit of indigency	881
completed by the indigent person on forms prescribed by the state	882
public defender or if the court certifies by electronic signature	883
as prescribed by the state public defender that a financial	884
disclosure form and affidavit of indigency have been completed by	885
the indigent person and are available for inspection. If a request	886
for the reimbursement of the cost of counsel in any case is not	887
received by the state public defender within ninety days after the	888
end of the calendar month in which the case is finally disposed of	889
by the court, unless the county has requested and the state public	890
defender has granted an extension of the ninety-day limit, the	891
state public defender shall not pay the requested reimbursement.	892
The state public defender shall also review the report and, in	893
accordance with the standards, guidelines, and maximums	894
established pursuant to divisions (B)(7) and (8) of section 120.04	895
of the Revised Code, prepare a voucher for fifty per cent of the	896
total cost of each county appointed counsel system in the period	897
of time covered by the certified report and a voucher for fifty	898
per cent of the costs and expenses that are reimbursable under	899
section 120.35 of the Revised Code, if any, or, if the amount of	900
money appropriated by the general assembly to reimburse counties	901
for the operation of county public defender offices, joint county	902
public defender offices, and county appointed counsel systems is	903
not sufficient to pay fifty per cent of the total cost of all of	904
the offices and systems other than costs and expenses that are	905
reimbursable under section 120.35 of the Revised Code, for the	906
lesser amount required by section 120.34 of the Revised Code.	907

(5) If any county appointed counsel system fails to maintain	908
the standards for the conduct of the system established by the	909
rules of the Ohio public defender commission pursuant to divisions	910
(B) and (C) of section 120.03 or the standards established by the	911
state public defender pursuant to division (B)(7) of section	912
120.04 of the Revised Code, the Ohio public defender commission	913
shall notify the board of county commissioners of the county that	914
the county appointed counsel system has failed to comply with its	915
rules or the standards of the state public defender. Unless the	916
board of county commissioners corrects the conduct of its	917
appointed counsel system to comply with the rules and standards	918
within ninety days after the date of the notice, the state public	919
defender may deny all or part of the county's reimbursement from	920
the state provided for in division (A)(4) of this section.	921

(B) In lieu of using a county public defender or joint county	922
public defender to represent indigent persons in the proceedings	923
set forth in division (A) of section 120.16 of the Revised Code,	924
and in lieu of adopting the resolution and following the procedure	925
described in division (A) of this section, the board of county	926
commissioners of any county may contract with the state public	927
defender for the state public defender's legal representation of	928
indigent persons. A contract entered into pursuant to this	929
division may provide for payment for the services provided on a	930
per case, hourly, or fixed contract basis.	931

(C) If a court appoints an attorney pursuant to this section	932
to represent a petitioner in a postconviction relief proceeding	933
under section 2953.21 of the Revised Code, the petitioner has	934
received a sentence of death, and the proceeding relates to that	935
sentence, the attorney who represents the petitioner in the	936
proceeding pursuant to the appointment shall be certified under	937
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	938
represent indigent defendants charged with or convicted of an	939
offense for which the death penalty can be or has been imposed.	940

Sec. 120.34.  The total amount of money paid to all counties	941
in any fiscal year pursuant to sections 120.18, 120.28, and 120.33	942
of the Revised Code for the reimbursement of a percentage of the	943
counties' cost of operating county public defender offices, joint	944
county public defender offices, and county appointed counsel	945
systems shall not exceed the total amount appropriated for that	946
fiscal year by the general assembly for the reimbursement of the	947
counties for the operation of the offices and systems. If the	948
amount appropriated by the general assembly in any fiscal year is	949
insufficient to pay fifty per cent of the total cost in the fiscal	950
year of all county public defender offices, all joint county	951
public defender offices, and all county appointed counsel systems,	952
the amount of money paid in that fiscal year pursuant to sections	953
120.18, 120.28, and 120.33 of the Revised Code to each county for	954
the fiscal year shall be reduced proportionately so that each	955
county is paid an equal percentage of its total cost in the fiscal	956
year for operating its county public defender system, its joint	957
county public defender system, and its county appointed counsel	958
system.	959

The total amount of money paid to all counties in any fiscal	960
year pursuant to section 120.35 of the Revised Code for the	961
reimbursement of a percentage of the counties' costs and expenses	962
of conducting the defense in capital cases shall not exceed the	963
total amount appropriated for that fiscal year by the general	964
assembly for the reimbursement of the counties for conducting the	965
defense in capital cases. If the amount appropriated by the	966
general assembly in any fiscal year is insufficient to pay fifty	967
per cent of the counties' total costs and expenses of conducting	968
the defense in capital cases in the fiscal year, the amount of	969
money paid in that fiscal year pursuant to section 120.35 of the	970
Revised Code to each county for the fiscal year shall be reduced	971
proportionately so that each county is paid an equal percentage of	972
its costs and expenses of conducting the defense in capital cases	973
in the fiscal year.	974

If any county receives an amount of money pursuant to section	975
120.18, 120.28, or 120.33, or 120.35 of the Revised Code that is	976
in excess of the amount of reimbursement it is entitled to receive	977
pursuant to this section, the state public defender shall request	978
the board of county commissioners to return the excess payment and	979
the board of county commissioners, upon receipt of the request,	980
shall direct the appropriate county officer to return the excess	981
payment to the state.	982

Within thirty days of the end of each fiscal quarter, the	983
state public defender shall provide to the office of budget and	984
management and the legislative budget office of the legislative	985
service commission an estimate of the amount of money that will be	986
required for the balance of the fiscal year to make the payments	987
required by sections 120.18, 120.28, and 120.33, and 120.35 of the	988
Revised Code.	989

Sec. 1901.183.  In addition to jurisdiction otherwise granted	990
in this chapter, the environmental division of a municipal court	991
shall have jurisdiction within its territory in all of the	992
following actions or proceedings and to perform all of the	993
following functions:	994

(A) Notwithstanding any monetary limitations in section	995
1901.17 of the Revised Code, in all actions and proceedings for	996
the sale of real or personal property under lien of a judgment of	997
the environmental division of the municipal court, or a lien for	998
machinery, material, fuel furnished, or labor performed,	999
irrespective of amount, and, in those cases, the environmental	1000
division may proceed to foreclose and marshal all liens and all	1001
vested or contingent rights, to appoint a receiver, and to render	1002
personal judgment irrespective of amount in favor of any party;	1003

(B) When in aid of execution of a judgment of the	1004
environmental division of the municipal court, in all actions for	1005
the foreclosure of a mortgage on real property given to secure the	1006
payment of money, or the enforcement of a specific lien for money	1007
or other encumbrance or charge on real property, when the real	1008
property is situated within the territory, and, in those cases,	1009
the environmental division may proceed to foreclose all liens and	1010
all vested and contingent rights and proceed to render judgments,	1011
and make findings and orders, between the parties, in the same	1012
manner and to the same extent as in similar cases in the court of	1013
common pleas;	1014

(C) When in aid of execution of a judgment of the	1015
environmental division of the municipal court, in all actions for	1016
the recovery of real property situated within the territory to the	1017
same extent as courts of common pleas have jurisdiction;	1018

(D) In all actions for injunction to prevent or terminate	1019
violations of the ordinances and regulations of any municipal	1020
corporation within its territory enacted or promulgated under the	1021
police power of that municipal corporation pursuant to Section 3	1022
of Article XVIII, Ohio Constitution, over which the court of	1023
common pleas has or may have jurisdiction, and, in those cases,	1024
the environmental division of the municipal court may proceed to	1025
render judgments, and make findings and orders, in the same manner	1026
and to the same extent as in similar cases in the court of common	1027
pleas;	1028

(E) In all actions for injunction to prevent or terminate	1029
violations of the resolutions and regulations of any political	1030
subdivision within its territory enacted or promulgated under the	1031
power of that political subdivision pursuant to Article X of the	1032
Ohio Constitution, over which the court of common pleas has or may	1033
have jurisdiction, and, in those cases, the environmental division	1034
of the municipal court may proceed to render judgments, and make	1035
findings and orders, in the same manner and to the same extent as	1036
in similar cases in the court of common pleas;	1037

(F) In any civil action to enforce any provision of Chapter	1038
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1039
over which the court of common pleas has or may have jurisdiction,	1040
and, in those actions, the environmental division of the municipal	1041
court may proceed to render judgments, and make findings and	1042
orders, in the same manner and to the same extent as in similar	1043
actions in the court of common pleas;	1044

(G) In all actions and proceedings in the nature of	1045
creditors' bills, and in aid of execution to subject the interests	1046
of a judgment debtor in real or personal property to the payment	1047
of a judgment of the division, and, in those actions and	1048
proceedings, the environmental division may proceed to marshal and	1049
foreclose all liens on the property irrespective of the amount of	1050
the lien, and all vested or contingent rights in the property;	1051

(H) Concurrent jurisdiction with the court of common pleas of	1052
all criminal actions or proceedings related to the pollution of	1053
the air, ground, or water within the territory of the	1054
environmental division of the municipal court, for which a	1055
sentence of death cannot be imposed under Chapter 2903. of the	1056
Revised Code;	1057

(I) In any review or appeal of any final order of any	1058
administrative officer, agency, board, department, tribunal,	1059
commission, or other instrumentality that relates to a local	1060
building, housing, air pollution, sanitation, health, fire,	1061
zoning, or safety code, ordinance, or regulation, in the same	1062
manner and to the same extent as in similar appeals in the court	1063
of common pleas;	1064

(J) With respect to the environmental division of the	1065
Franklin county municipal court, to hear appeals from adjudication	1066
hearings conducted under Chapter 956. of the Revised Code.	1067

Sec. 2152.13.  (A) A juvenile court shall impose a serious	1068
youthful dispositional sentence on a child when required under	1069
division (B)(3) of section 2152.121 of the Revised Code. In such a	1070
case, the remaining provisions of this division and divisions (B)	1071
and (C) do not apply to the child, and the court shall impose the	1072
mandatory serious youthful dispositional sentence under division	1073
(D)(1) of this section.	1074

In all other cases, a juvenile court may impose a serious	1075
youthful offender dispositional sentence on a child only if the	1076
prosecuting attorney of the county in which the delinquent act	1077
allegedly occurred initiates the process against the child in	1078
accordance with this division, and the child is an alleged	1079
delinquent child who is eligible for the dispositional sentence.	1080
The prosecuting attorney may initiate the process in any of the	1081
following ways:	1082

(1) Obtaining an indictment of the child as a serious	1083
youthful offender;	1084

(2) The child waives the right to indictment, charging the	1085
child in a bill of information as a serious youthful offender;	1086

(3) Until an indictment or information is obtained,	1087
requesting a serious youthful offender dispositional sentence in	1088
the original complaint alleging that the child is a delinquent	1089
child;	1090

(4) Until an indictment or information is obtained, if the	1091
original complaint does not request a serious youthful offender	1092
dispositional sentence, filing with the juvenile court a written	1093
notice of intent to seek a serious youthful offender dispositional	1094
sentence within twenty days after the later of the following,	1095
unless the time is extended by the juvenile court for good cause	1096
shown:	1097

(a) The date of the child's first juvenile court hearing	1098
regarding the complaint;	1099

(b) The date the juvenile court determines not to transfer	1100
the case under section 2152.12 of the Revised Code.	1101

After a written notice is filed under division (A)(4) of this	1102
section, the juvenile court shall serve a copy of the notice on	1103
the child and advise the child of the prosecuting attorney's	1104
intent to seek a serious youthful offender dispositional sentence	1105
in the case.	1106

(B) If an alleged delinquent child is not indicted or charged	1107
by information as described in division (A)(1) or (2) of this	1108
section and if a notice or complaint as described in division	1109
(A)(3) or (4) of this section indicates that the prosecuting	1110
attorney intends to pursue a serious youthful offender	1111
dispositional sentence in the case, the juvenile court shall hold	1112
a preliminary hearing to determine if there is probable cause that	1113
the child committed the act charged and is by age eligible for, or	1114
required to receive, a serious youthful offender dispositional	1115
sentence.	1116

(C)(1) A child for whom a serious youthful offender	1117
dispositional sentence is sought by a prosecuting attorney has the	1118
right to a grand jury determination of probable cause that the	1119
child committed the act charged and that the child is eligible by	1120
age for a serious youthful offender dispositional sentence. The	1121
grand jury may be impaneled by the court of common pleas or the	1122
juvenile court.	1123

Once a child is indicted, or charged by information or the	1124
juvenile court determines that the child is eligible for a serious	1125
youthful offender dispositional sentence, the child is entitled to	1126
an open and speedy trial by jury in juvenile court and to be	1127
provided with a transcript of the proceedings. The time within	1128
which the trial is to be held under Title XXIX of the Revised Code	1129
commences on whichever of the following dates is applicable:	1130

(a) If the child is indicted or charged by information, on	1131
the date of the filing of the indictment or information.	1132

(b) If the child is charged by an original complaint that	1133
requests a serious youthful offender dispositional sentence, on	1134
the date of the filing of the complaint.	1135

(c) If the child is not charged by an original complaint that	1136
requests a serious youthful offender dispositional sentence, on	1137
the date that the prosecuting attorney files the written notice of	1138
intent to seek a serious youthful offender dispositional sentence.	1139

(2) If the child is detained awaiting adjudication, upon	1140
indictment or being charged by information, the child has the same	1141
right to bail as an adult charged with the offense the alleged	1142
delinquent act would be if committed by an adult. Except as	1143
provided in division (D) of section 2152.14 of the Revised Code,	1144
all provisions of Title XXIX of the Revised Code and the Criminal	1145
Rules shall apply in the case and to the child. The juvenile court	1146
shall afford the child all rights afforded a person who is	1147
prosecuted for committing a crime including the right to counsel	1148
and the right to raise the issue of competency. The child may not	1149
waive the right to counsel.	1150

(D)(1) If a child is adjudicated a delinquent child for	1151
committing an act under circumstances that require the juvenile	1152
court to impose upon the child a serious youthful offender	1153
dispositional sentence under section 2152.11 of the Revised Code,	1154
all of the following apply:	1155

(a) The juvenile court shall impose upon the child a sentence	1156
available for the violation, as if the child were an adult, under	1157
Chapter 2929. of the Revised Code, except that the juvenile court	1158
shall not impose on the child a sentence of death or life	1159
imprisonment without parole.	1160

(b) The juvenile court also shall impose upon the child one	1161
or more traditional juvenile dispositions under sections 2152.16,	1162
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	1163
Revised Code.	1164

(c) The juvenile court shall stay the adult portion of the	1165
serious youthful offender dispositional sentence pending the	1166
successful completion of the traditional juvenile dispositions	1167
imposed.	1168

(2)(a) If a child is adjudicated a delinquent child for	1169
committing an act under circumstances that allow, but do not	1170
require, the juvenile court to impose on the child a serious	1171
youthful offender dispositional sentence under section 2152.11 of	1172
the Revised Code, all of the following apply:	1173

(i) If the juvenile court on the record makes a finding that,	1174
given the nature and circumstances of the violation and the	1175
history of the child, the length of time, level of security, and	1176
types of programming and resources available in the juvenile	1177
system alone are not adequate to provide the juvenile court with a	1178
reasonable expectation that the purposes set forth in section	1179
2152.01 of the Revised Code will be met, the juvenile court may	1180
impose upon the child a sentence available for the violation, as	1181
if the child were an adult, under Chapter 2929. of the Revised	1182
Code, except that the juvenile court shall not impose on the child	1183
a sentence of death or life imprisonment without parole.	1184

(ii) If a sentence is imposed under division (D)(2)(a)(i) of	1185
this section, the juvenile court also shall impose upon the child	1186
one or more traditional juvenile dispositions under sections	1187
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	1188
of the Revised Code.	1189

(iii) The juvenile court shall stay the adult portion of the	1190
serious youthful offender dispositional sentence pending the	1191
successful completion of the traditional juvenile dispositions	1192
imposed.	1193

(b) If the juvenile court does not find that a sentence	1194
should be imposed under division (D)(2)(a)(i) of this section, the	1195
juvenile court may impose one or more traditional juvenile	1196
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	1197
applicable, section 2152.17 of the Revised Code.	1198

(3) A child upon whom a serious youthful offender	1199
dispositional sentence is imposed under division (D)(1) or (2) of	1200
this section has a right to appeal under division (A)(1), (3),	1201
(4), or (5) of section 2953.08 of the Revised Code the adult	1202
portion of the serious youthful offender dispositional sentence	1203
when any of those divisions apply. The child may appeal the adult	1204
portion, and the court shall consider the appeal as if the adult	1205
portion were not stayed.	1206

Sec.  2152.67.  Any adult who is arrested or charged under any	1207
provision in this chapter and who is charged with a crime may	1208
demand a trial by jury, or the juvenile judge upon the judge's own	1209
motion may call a jury. A demand for a jury trial shall be made in	1210
writing in not less than three days before the date set for trial,	1211
or within three days after counsel has been retained, whichever is	1212
later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised	1213
Code, relating to the drawing and impaneling of jurors in criminal	1214
cases in the court of common pleas, other than in capital cases,	1215
shall apply to a jury trial under this section. The compensation	1216
of jurors and costs of the clerk and sheriff shall be taxed and	1217
paid in the same manner as in criminal cases in the court of	1218
common pleas.	1219

Sec. 2301.20.  All civil and criminal actions in the court of	1220
common pleas shall be recorded. The reporter shall take accurate	1221
notes of or electronically record the oral testimony. The notes	1222
and electronic records shall be filed in the office of the	1223
official reporter and carefully preserved for either of the	1224
following periods of time:	1225

(A) If the action is not a capital case, the notes and	1226
electronic records shall be preserved for the period of time	1227
specified by the court of common pleas, which period of time shall	1228
not be longer than the period of time that the other records of	1229
the particular action are required to be kept.	1230

(B) If the action is a capital case, the notes and electronic	1231
records shall be preserved for the longer of ten years or until	1232
the final disposition of the action and exhaustion of all appeals.	1233

Sec. 2307.60. (A)(1) Anyone injured in person or property by	1234
a criminal act has, and may recover full damages in, a civil	1235
action unless specifically excepted by law, may recover the costs	1236
of maintaining the civil action and attorney's fees if authorized	1237
by any provision of the Rules of Civil Procedure or another	1238
section of the Revised Code or under the common law of this state,	1239
and may recover punitive or exemplary damages if authorized by	1240
section 2315.21 or another section of the Revised Code.	1241

(2) A final judgment of a trial court that has not been	1242
reversed on appeal or otherwise set aside, nullified, or vacated,	1243
entered after a trial or upon a plea of guilty, but not upon a	1244
plea of no contest or the equivalent plea from another	1245
jurisdiction, that adjudges an offender guilty of an offense of	1246
violence punishable by death or imprisonment in excess of one	1247
year, when entered as evidence in any subsequent civil proceeding	1248
based on the criminal act, shall preclude the offender from	1249
denying in the subsequent civil proceeding any fact essential to	1250
sustaining that judgment, unless the offender can demonstrate that	1251
extraordinary circumstances prevented the offender from having a	1252
full and fair opportunity to litigate the issue in the criminal	1253
proceeding or other extraordinary circumstances justify affording	1254
the offender an opportunity to relitigate the issue. The offender	1255
may introduce evidence of the offender's pending appeal of the	1256
final judgment of the trial court, if applicable, and the court	1257
may consider that evidence in determining the liability of the	1258
offender.	1259

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

1260

(a) "Tort action" means a civil action for damages for	1261
injury, death, or loss to person or property other than a civil	1262
action for damages for a breach of contract or another agreement	1263
between persons. "Tort action" includes, but is not limited to, a	1264
product liability claim, as defined in section 2307.71 of the	1265
Revised Code, and an asbestos claim, as defined in section 2307.91	1266
of the Revised Code, an action for wrongful death under Chapter	1267
2125. of the Revised Code, and an action based on derivative	1268
claims for relief.	1269

(b) "Residence" has the same meaning as in section 2901.05 of	1270
the Revised Code.	1271

(2) Recovery on a claim for relief in a tort action is barred	1272
to any person or the person's legal representative if any of the	1273
following apply:	1274

(a) The person has been convicted of or has pleaded guilty to	1275
a felony, or to a misdemeanor that is an offense of violence,	1276
arising out of criminal conduct that was a proximate cause of the	1277
injury or loss for which relief is claimed in the tort action.	1278

(b) The person engaged in conduct that, if prosecuted, would	1279
constitute a felony, a misdemeanor that is an offense of violence,	1280
an attempt to commit a felony, or an attempt to commit a	1281
misdemeanor that is an offense of violence and that conduct was a	1282
proximate cause of the injury or loss for which relief is claimed	1283
in the tort action, regardless of whether the person has been	1284
convicted of or pleaded guilty to or has been charged with	1285
committing the felony, the misdemeanor, or the attempt to commit	1286
the felony or misdemeanor.	1287

(c) The person suffered the injury or loss for which relief	1288
is claimed in the tort action as a proximate result of the victim	1289
of conduct that, if prosecuted, would constitute a felony, a	1290
misdemeanor that is an offense of violence, an attempt to commit a	1291
felony, or an attempt to commit a misdemeanor that is an offense	1292
of violence acting against the person in self-defense, defense of	1293
another, or defense of the victim's residence, regardless of	1294
whether the person has been convicted of or pleaded guilty to or	1295
has been charged with committing the felony, the misdemeanor, or	1296
the attempt to commit the felony or misdemeanor. Division	1297
(B)(2)(c) of this section does not apply if the person who	1298
suffered the injury or loss, at the time of the victim's act of	1299
self-defense, defense of another, or defense of residence, was an	1300
innocent bystander who had no connection with the underlying	1301
conduct that prompted the victim's exercise of self-defense,	1302
defense of another, or defense of residence.	1303

(3) Recovery against a victim of conduct that, if prosecuted,	1304
would constitute a felony, a misdemeanor that is an offense of	1305
violence, an attempt to commit a felony, or an attempt to commit a	1306
misdemeanor that is an offense of violence, on a claim for relief	1307
in a tort action is barred to any person or the person's legal	1308
representative if conduct the person engaged in against that	1309
victim was a proximate cause of the injury or loss for which	1310
relief is claimed in the tort action and that conduct, if	1311
prosecuted, would constitute a felony, a misdemeanor that is an	1312
offense of violence, an attempt to commit a felony, or an attempt	1313
to commit a misdemeanor that is an offense of violence, regardless	1314
of whether the person has been convicted of or pleaded guilty to	1315
or has been charged with committing the felony, the misdemeanor,	1316
or the attempt to commit the felony or misdemeanor.	1317

(4) Divisions (B)(1) to (3) of this section do not apply to	1318
civil claims based upon alleged intentionally tortious conduct,	1319
alleged violations of the United States Constitution, or alleged	1320
violations of statutes of the United States pertaining to civil	1321
rights. For purposes of division (B)(4) of this section, a	1322
person's act of self-defense, defense of another, or defense of	1323
the person's residence does not constitute intentionally tortious	1324
conduct.	1325

Sec. 2701.07.  When, in the opinion of the court, the	1326
business thereof so requires, each court of common pleas, court of	1327
appeals, and, in counties having at the last or any future federal	1328
census more than seventy thousand inhabitants, the probate court,	1329
may appoint one or more constables to preserve order, attend the	1330
assignment of cases in counties where more than two judges of the	1331
court of common pleas regularly hold court at the same time, and	1332
discharge such other duties as the court requires. When so	1333
directed by the court, each constable has the same powers as	1334
sheriffs to call and impanel jurors, except in capital cases.	1335

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	1336
Revised Code:	1337

(A) "Claimant" means both of the following categories of	1338
persons:	1339

(1) Any of the following persons who claim an award of	1340
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1341

(a) A victim who was one of the following at the time of the	1342
criminally injurious conduct:	1343

(i) A resident of the United States;

1344

(ii) A resident of a foreign country the laws of which permit	1345
residents of this state to recover compensation as victims of	1346
offenses committed in that country.	1347

(b) A dependent of a deceased victim who is described in	1348
division (A)(1)(a) of this section;	1349

(c) A third person, other than a collateral source, who	1350
legally assumes or voluntarily pays the obligations of a victim,	1351
or of a dependent of a victim, who is described in division	1352
(A)(1)(a) of this section, which obligations are incurred as a	1353
result of the criminally injurious conduct that is the subject of	1354
the claim and may include, but are not limited to, medical or	1355
burial expenses;	1356

(d) A person who is authorized to act on behalf of any person	1357
who is described in division (A)(1)(a), (b), or (c) of this	1358
section;	1359

(e) The estate of a deceased victim who is described in	1360
division (A)(1)(a) of this section.	1361

(2) Any of the following persons who claim an award of	1362
reparations under sections 2743.51 to 2743.72 of the Revised Code:	1363

(a) A victim who had a permanent place of residence within	1364
this state at the time of the criminally injurious conduct and	1365
who, at the time of the criminally injurious conduct, complied	1366
with any one of the following:	1367

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

1368

(ii) Was a member of the regular armed forces of the United	1369
States or of the United States coast guard or was a full-time	1370
member of the Ohio organized militia or of the United States army	1371
reserve, naval reserve, or air force reserve;	1372

(iii) Was retired and receiving social security or any other	1373
retirement income;	1374

(iv) Was sixty years of age or older;

1375

(v) Was temporarily in another state for the purpose of	1376
receiving medical treatment;	1377

(vi) Was temporarily in another state for the purpose of	1378
performing employment-related duties required by an employer	1379
located within this state as an express condition of employment or	1380
employee benefits;	1381

(vii) Was temporarily in another state for the purpose of	1382
receiving occupational, vocational, or other job-related training	1383
or instruction required by an employer located within this state	1384
as an express condition of employment or employee benefits;	1385

(viii) Was a full-time student at an academic institution,	1386
college, or university located in another state;	1387

(ix) Had not departed the geographical boundaries of this	1388
state for a period exceeding thirty days or with the intention of	1389
becoming a citizen of another state or establishing a permanent	1390
place of residence in another state.	1391

(b) A dependent of a deceased victim who is described in	1392
division (A)(2)(a) of this section;	1393

(c) A third person, other than a collateral source, who	1394
legally assumes or voluntarily pays the obligations of a victim,	1395
or of a dependent of a victim, who is described in division	1396
(A)(2)(a) of this section, which obligations are incurred as a	1397
result of the criminally injurious conduct that is the subject of	1398
the claim and may include, but are not limited to, medical or	1399
burial expenses;	1400

(d) A person who is authorized to act on behalf of any person	1401
who is described in division (A)(2)(a), (b), or (c) of this	1402
section;	1403

(e) The estate of a deceased victim who is described in	1404
division (A)(2)(a) of this section.	1405

(B) "Collateral source" means a source of benefits or	1406
advantages for economic loss otherwise reparable that the victim	1407
or claimant has received, or that is readily available to the	1408
victim or claimant, from any of the following sources:	1409

(1) The offender;

1410

(2) The government of the United States or any of its	1411
agencies, a state or any of its political subdivisions, or an	1412
instrumentality of two or more states, unless the law providing	1413
for the benefits or advantages makes them excess or secondary to	1414
benefits under sections 2743.51 to 2743.72 of the Revised Code;	1415

(3) Social security, medicare, and medicaid;

1416

(4) State-required, temporary, nonoccupational disability	1417
insurance;	1418

(5) Workers' compensation;

1419

(6) Wage continuation programs of any employer;

1420

(7) Proceeds of a contract of insurance payable to the victim	1421
for loss that the victim sustained because of the criminally	1422
injurious conduct;	1423

(8) A contract providing prepaid hospital and other health	1424
care services, or benefits for disability;	1425

(9) That portion of the proceeds of all contracts of	1426
insurance payable to the claimant on account of the death of the	1427
victim that exceeds fifty thousand dollars;	1428

(10) Any compensation recovered or recoverable under the laws	1429
of another state, district, territory, or foreign country because	1430
the victim was the victim of an offense committed in that state,	1431
district, territory, or country.	1432

"Collateral source" does not include any money, or the	1433
monetary value of any property, that is subject to sections	1434
2969.01 to 2969.06 of the Revised Code or that is received as a	1435
benefit from the Ohio public safety officers death benefit fund	1436
created by section 742.62 of the Revised Code.	1437

(C) "Criminally injurious conduct" means one of the	1438
following:	1439

(1) For the purposes of any person described in division	1440
(A)(1) of this section, any conduct that occurs or is attempted in	1441
this state; poses a substantial threat of personal injury or	1442
death; and is punishable by fine,or imprisonment, or death, or	1443
would be so punishable but for the fact that the person engaging	1444
in the conduct lacked capacity to commit the crime under the laws	1445
of this state. Criminally injurious conduct does not include	1446
conduct arising out of the ownership, maintenance, or use of a	1447
motor vehicle, except when any of the following applies:	1448

(a) The person engaging in the conduct intended to cause	1449
personal injury or death;	1450

(b) The person engaging in the conduct was using the vehicle	1451
to flee immediately after committing a felony or an act that would	1452
constitute a felony but for the fact that the person engaging in	1453
the conduct lacked the capacity to commit the felony under the	1454
laws of this state;	1455

(c) The person engaging in the conduct was using the vehicle	1456
in a manner that constitutes an OVI violation;	1457

(d) The conduct occurred on or after July 25, 1990, and the	1458
person engaging in the conduct was using the vehicle in a manner	1459
that constitutes a violation of section 2903.08 of the Revised	1460
Code;	1461

(e) The person engaging in the conduct acted in a manner that	1462
caused serious physical harm to a person and that constituted a	1463
violation of section 4549.02 or 4549.021 of the Revised Code.	1464

(2) For the purposes of any person described in division	1465
(A)(2) of this section, any conduct that occurs or is attempted in	1466
another state, district, territory, or foreign country; poses a	1467
substantial threat of personal injury or death; and is punishable	1468
by fine,or imprisonment, or death, or would be so punishable but	1469
for the fact that the person engaging in the conduct lacked	1470
capacity to commit the crime under the laws of the state,	1471
district, territory, or foreign country in which the conduct	1472
occurred or was attempted. Criminally injurious conduct does not	1473
include conduct arising out of the ownership, maintenance, or use	1474
of a motor vehicle, except when any of the following applies:	1475

(a) The person engaging in the conduct intended to cause	1476
personal injury or death;	1477

(b) The person engaging in the conduct was using the vehicle	1478
to flee immediately after committing a felony or an act that would	1479
constitute a felony but for the fact that the person engaging in	1480
the conduct lacked the capacity to commit the felony under the	1481
laws of the state, district, territory, or foreign country in	1482
which the conduct occurred or was attempted;	1483

(c) The person engaging in the conduct was using the vehicle	1484
in a manner that constitutes an OVI violation;	1485

(d) The conduct occurred on or after July 25, 1990, the	1486
person engaging in the conduct was using the vehicle in a manner	1487
that constitutes a violation of any law of the state, district,	1488
territory, or foreign country in which the conduct occurred, and	1489
that law is substantially similar to a violation of section	1490
2903.08 of the Revised Code;	1491

(e) The person engaging in the conduct acted in a manner that	1492
caused serious physical harm to a person and that constituted a	1493
violation of any law of the state, district, territory, or foreign	1494
country in which the conduct occurred, and that law is	1495
substantially similar to section 4549.02 or 4549.021 of the	1496
Revised Code.	1497

(3) For the purposes of any person described in division	1498
(A)(1) or (2) of this section, terrorism that occurs within or	1499
outside the territorial jurisdiction of the United States.	1500

(D) "Dependent" means an individual wholly or partially	1501
dependent upon the victim for care and support, and includes a	1502
child of the victim born after the victim's death.	1503

(E) "Economic loss" means economic detriment consisting only	1504
of allowable expense, work loss, funeral expense, unemployment	1505
benefits loss, replacement services loss, cost of crime scene	1506
cleanup, and cost of evidence replacement. If criminally injurious	1507
conduct causes death, economic loss includes a dependent's	1508
economic loss and a dependent's replacement services loss.	1509
Noneconomic detriment is not economic loss; however, economic loss	1510
may be caused by pain and suffering or physical impairment.	1511

(F)(1) "Allowable expense" means reasonable charges incurred	1512
for reasonably needed products, services, and accommodations,	1513
including those for medical care, rehabilitation, rehabilitative	1514
occupational training, and other remedial treatment and care and	1515
including replacement costs for hearing aids; dentures, retainers,	1516
and other dental appliances; canes, walkers, and other mobility	1517
tools; and eyeglasses and other corrective lenses. It does not	1518
include that portion of a charge for a room in a hospital, clinic,	1519
convalescent home, nursing home, or any other institution engaged	1520
in providing nursing care and related services in excess of a	1521
reasonable and customary charge for semiprivate accommodations,	1522
unless accommodations other than semiprivate accommodations are	1523
medically required.	1524

(2) An immediate family member of a victim of criminally	1525
injurious conduct that consists of a homicide, a sexual assault,	1526
domestic violence, or a severe and permanent incapacitating injury	1527
resulting in paraplegia or a similar life-altering condition, who	1528
requires psychiatric care or counseling as a result of the	1529
criminally injurious conduct, may be reimbursed for that care or	1530
counseling as an allowable expense through the victim's	1531
application. The cumulative allowable expense for care or	1532
counseling of that nature shall not exceed two thousand five	1533
hundred dollars for each immediate family member of a victim of	1534
that type and seven thousand five hundred dollars in the aggregate	1535
for all immediate family members of a victim of that type.	1536

(3) A family member of a victim who died as a proximate	1537
result of criminally injurious conduct may be reimbursed as an	1538
allowable expense through the victim's application for wages lost	1539
and travel expenses incurred in order to attend criminal justice	1540
proceedings arising from the criminally injurious conduct. The	1541
cumulative allowable expense for wages lost and travel expenses	1542
incurred by a family member to attend criminal justice proceedings	1543
shall not exceed five hundred dollars for each family member of	1544
the victim and two thousand dollars in the aggregate for all	1545
family members of the victim.	1546

(4)(a) "Allowable expense" includes reasonable expenses and	1547
fees necessary to obtain a guardian's bond pursuant to section	1548
2109.04 of the Revised Code when the bond is required to pay an	1549
award to a fiduciary on behalf of a minor or other incompetent.	1550

(b) "Allowable expense" includes attorney's fees not	1551
exceeding one thousand dollars, at a rate not exceeding one	1552
hundred dollars per hour, incurred to successfully obtain a	1553
restraining order, custody order, or other order to physically	1554
separate a victim from an offender. Attorney's fees for the	1555
services described in this division may include an amount for	1556
reasonable travel time incurred to attend court hearings, not	1557
exceeding three hours' round-trip for each court hearing, assessed	1558
at a rate not exceeding thirty dollars per hour.	1559

(G) "Work loss" means loss of income from work that the	1560
injured person would have performed if the person had not been	1561
injured and expenses reasonably incurred by the person to obtain	1562
services in lieu of those the person would have performed for	1563
income, reduced by any income from substitute work actually	1564
performed by the person, or by income the person would have earned	1565
in available appropriate substitute work that the person was	1566
capable of performing but unreasonably failed to undertake.	1567

(H) "Replacement services loss" means expenses reasonably	1568
incurred in obtaining ordinary and necessary services in lieu of	1569
those the injured person would have performed, not for income, but	1570
for the benefit of the person's self or family, if the person had	1571
not been injured.	1572

(I) "Dependent's economic loss" means loss after a victim's	1573
death of contributions of things of economic value to the victim's	1574
dependents, not including services they would have received from	1575
the victim if the victim had not suffered the fatal injury, less	1576
expenses of the dependents avoided by reason of the victim's	1577
death. If a minor child of a victim is adopted after the victim's	1578
death, the minor child continues after the adoption to incur a	1579
dependent's economic loss as a result of the victim's death. If	1580
the surviving spouse of a victim remarries, the surviving spouse	1581
continues after the remarriage to incur a dependent's economic	1582
loss as a result of the victim's death.	1583

(J) "Dependent's replacement services loss" means loss	1584
reasonably incurred by dependents after a victim's death in	1585
obtaining ordinary and necessary services in lieu of those the	1586
victim would have performed for their benefit if the victim had	1587
not suffered the fatal injury, less expenses of the dependents	1588
avoided by reason of the victim's death and not subtracted in	1589
calculating the dependent's economic loss. If a minor child of a	1590
victim is adopted after the victim's death, the minor child	1591
continues after the adoption to incur a dependent's replacement	1592
services loss as a result of the victim's death. If the surviving	1593
spouse of a victim remarries, the surviving spouse continues after	1594
the remarriage to incur a dependent's replacement services loss as	1595
a result of the victim's death.	1596

(K) "Noneconomic detriment" means pain, suffering,	1597
inconvenience, physical impairment, or other nonpecuniary damage.	1598

(L) "Victim" means a person who suffers personal injury or	1599
death as a result of any of the following:	1600

(1) Criminally injurious conduct;

1601

(2) The good faith effort of any person to prevent criminally	1602
injurious conduct;	1603

(3) The good faith effort of any person to apprehend a person	1604
suspected of engaging in criminally injurious conduct.	1605

(M) "Contributory misconduct" means any conduct of the	1606
claimant or of the victim through whom the claimant claims an	1607
award of reparations that is unlawful or intentionally tortious	1608
and that, without regard to the conduct's proximity in time or	1609
space to the criminally injurious conduct, has a causal	1610
relationship to the criminally injurious conduct that is the basis	1611
of the claim.	1612

(N)(1) "Funeral expense" means any reasonable charges that	1613
are not in excess of seven thousand five hundred dollars per	1614
funeral and that are incurred for expenses directly related to a	1615
victim's funeral, cremation, or burial and any wages lost or	1616
travel expenses incurred by a family member of a victim in order	1617
to attend the victim's funeral, cremation, or burial.	1618

(2) An award for funeral expenses shall be applied first to	1619
expenses directly related to the victim's funeral, cremation, or	1620
burial. An award for wages lost or travel expenses incurred by a	1621
family member of the victim shall not exceed five hundred dollars	1622
for each family member and shall not exceed in the aggregate the	1623
difference between seven thousand five hundred dollars and	1624
expenses that are reimbursed by the program and that are directly	1625
related to the victim's funeral, cremation, or burial.	1626

(O) "Unemployment benefits loss" means a loss of unemployment	1627
benefits pursuant to Chapter 4141. of the Revised Code when the	1628
loss arises solely from the inability of a victim to meet the able	1629
to work, available for suitable work, or the actively seeking	1630
suitable work requirements of division (A)(4)(a) of section	1631
4141.29 of the Revised Code.	1632

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

1633

(1) A violation of section 4511.19 of the Revised Code, of	1634
any municipal ordinance prohibiting the operation of a vehicle	1635
while under the influence of alcohol, a drug of abuse, or a	1636
combination of them, or of any municipal ordinance prohibiting the	1637
operation of a vehicle with a prohibited concentration of alcohol,	1638
a controlled substance, or a metabolite of a controlled substance	1639
in the whole blood, blood serum or plasma, breath, or urine;	1640

(2) A violation of division (A)(1) of section 2903.06 of the	1641
Revised Code;	1642

(3) A violation of division (A)(2), (3), or (4) of section	1643
2903.06 of the Revised Code or of a municipal ordinance	1644
substantially similar to any of those divisions, if the offender	1645
was under the influence of alcohol, a drug of abuse, or a	1646
combination of them, at the time of the commission of the offense;	1647

(4) For purposes of any person described in division (A)(2)	1648
of this section, a violation of any law of the state, district,	1649
territory, or foreign country in which the criminally injurious	1650
conduct occurred, if that law is substantially similar to a	1651
violation described in division (P)(1) or (2) of this section or	1652
if that law is substantially similar to a violation described in	1653
division (P)(3) of this section and the offender was under the	1654
influence of alcohol, a drug of abuse, or a combination of them,	1655
at the time of the commission of the offense.	1656

(Q) "Pendency of the claim" for an original reparations	1657
application or supplemental reparations application means the	1658
period of time from the date the criminally injurious conduct upon	1659
which the application is based occurred until the date a final	1660
decision, order, or judgment concerning that original reparations	1661
application or supplemental reparations application is issued.	1662

(R) "Terrorism" means any activity to which all of the	1663
following apply:	1664

(1) The activity involves a violent act or an act that is	1665
dangerous to human life.	1666

(2) The act described in division (R)(1) of this section is	1667
committed within the territorial jurisdiction of the United States	1668
and is a violation of the criminal laws of the United States, this	1669
state, or any other state or the act described in division (R)(1)	1670
of this section is committed outside the territorial jurisdiction	1671
of the United States and would be a violation of the criminal laws	1672
of the United States, this state, or any other state if committed	1673
within the territorial jurisdiction of the United States.	1674

(3) The activity appears to be intended to do any of the	1675
following:	1676

(a) Intimidate or coerce a civilian population;

1677

(b) Influence the policy of any government by intimidation or	1678
coercion;	1679

(c) Affect the conduct of any government by assassination or	1680
kidnapping.	1681

(4) The activity occurs primarily outside the territorial	1682
jurisdiction of the United States or transcends the national	1683
boundaries of the United States in terms of the means by which the	1684
activity is accomplished, the person or persons that the activity	1685
appears intended to intimidate or coerce, or the area or locale in	1686
which the perpetrator or perpetrators of the activity operate or	1687
seek asylum.	1688

(S) "Transcends the national boundaries of the United States"	1689
means occurring outside the territorial jurisdiction of the United	1690
States in addition to occurring within the territorial	1691
jurisdiction of the United States.	1692

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

1693

(1) The replacement cost for items of clothing removed from a	1694
victim in order to make an assessment of possible physical harm or	1695
to treat physical harm;	1696

(2) Reasonable and necessary costs of cleaning the scene and	1697
repairing, for the purpose of personal security, property damaged	1698
at the scene where the criminally injurious conduct occurred, not	1699
to exceed seven hundred fifty dollars in the aggregate per claim.	1700

(U) "Cost of evidence replacement" means costs for	1701
replacement of property confiscated for evidentiary purposes	1702
related to the criminally injurious conduct, not to exceed seven	1703
hundred fifty dollars in the aggregate per claim.	1704

(V) "Provider" means any person who provides a victim or	1705
claimant with a product, service, or accommodations that are an	1706
allowable expense or a funeral expense.	1707

(W) "Immediate family member" means an individual who resided	1708
in the same permanent household as a victim at the time of the	1709
criminally injurious conduct and who is related to the victim by	1710
affinity or consanguinity.	1711

(X) "Family member" means an individual who is related to a	1712
victim by affinity or consanguinity.	1713

Sec. 2901.02.  As used in the Revised Code:

1714

(A) Offenses include aggravated murder, murder, felonies of	1715
the first, second, third, fourth, and fifth degree, misdemeanors	1716
of the first, second, third, and fourth degree, minor	1717
misdemeanors, and offenses not specifically classified.	1718

(B) Aggravated murder when the indictment or the count in the	1719
indictment charging aggravated murder contains one or more	1720
specifications of aggravating circumstances listed in division (A)	1721
of section 2929.04 of Revised Code, and any other offense for	1722
which death may be imposed as a penalty, is a capital offense.	1723

(C) Aggravated murder and murder are felonies.

1724

(D)(C) Regardless of the penalty that may be imposed, any	1725
offense specifically classified as a felony is a felony, and any	1726
offense specifically classified as a misdemeanor is a misdemeanor.	1727

(E)(D) Any offense not specifically classified is a felony if	1728
imprisonment for more than one year may be imposed as a penalty.	1729

(F)(E) Any offense not specifically classified is a	1730
misdemeanor if imprisonment for not more than one year may be	1731
imposed as a penalty.	1732

(G)(F) Any offense not specifically classified is a minor	1733
misdemeanor if the only penalty that may be imposed is one of the	1734
following:	1735

(1) For an offense committed prior to January 1, 2004, a fine	1736
not exceeding one hundred dollars;	1737

(2) For an offense committed on or after January 1, 2004, a	1738
fine not exceeding one hundred fifty dollars, community service	1739
under division (D) of section 2929.27 of the Revised Code, or a	1740
financial sanction other than a fine under section 2929.28 of the	1741
Revised Code.	1742

Sec. 2909.24. (A) No person shall commit a specified offense	1743
with purpose to do any of the following:	1744

(1) Intimidate or coerce a civilian population;

1745

(2) Influence the policy of any government by intimidation or	1746
coercion;	1747

(3) Affect the conduct of any government by the specified	1748
offense.	1749

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

1750

(2) Except as otherwise provided in divisions (B)(3) and (4)	1751
of this section, terrorism is an offense one degree higher than	1752
the most serious underlying specified offense the defendant	1753
committed.	1754

(3) If the most serious underlying specified offense the	1755
defendant committed is a felony of the first degree or murder, the	1756
person shall be sentenced to life imprisonment without parole.	1757

(4) If the most serious underlying specified offense the	1758
defendant committed is aggravated murder, the offender shall be	1759
sentenced to life imprisonment without parole or death pursuant to	1760
sections 2929.02 to 2929.06 of the Revised Code.	1761

(5) Section 2909.25 of the Revised Code applies regarding an	1762
offender who is convicted of or pleads guilty to a violation of	1763
this section.	1764

Sec. 2929.02.  (A) WhoeverExcept as otherwise provided in	1765
division (C) of this section, whoever is convicted of or pleads	1766
guilty to aggravated murder in violation of section 2903.01 of the	1767
Revised Code shall suffer death or be imprisoned for life, as	1768
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	1769
the Revised Code, except that no person who raises the matter of	1770
age pursuant to section 2929.023 of the Revised Code and who is	1771
not found to have been eighteen years of age or older at the time	1772
of the commission of the offense shall suffer death. In addition,	1773
the offender may be fined an amount fixed by the court, but not	1774
more than twenty-five thousand dollarssentenced to life	1775
imprisonment with parole eligibility after serving twenty years of	1776
imprisonment, life imprisonment with parole eligibility after	1777
serving twenty-five full years of imprisonment, life imprisonment	1778
with parole eligibility after serving thirty full years of	1779
imprisonment, or life imprisonment without parole.	1780

(B)(1) Except as otherwise provided in division (B)(2) or	1781
(3)(C) of this section, whoever is convicted of or pleads guilty	1782
to murder in violation of section 2903.02 of the Revised Code	1783
shall be imprisoned for an indefinite term of fifteen years to	1784
life.	1785

(2)(C)(1) Except as otherwise provided in division	1786
(B)(3)(C)(2) of this section, if a person is convicted of or	1787
pleads guilty to aggravated murder in violation of section 2903.01	1788
of the Revised Code or to murder in violation of section 2903.02	1789
of the Revised Code, the victim of the offense was less than	1790
thirteen years of age, and the offender also is convicted of or	1791
pleads guilty to a sexual motivation specification that was	1792
included in the indictment, count in the indictment, or	1793
information charging the offense, the court shall impose an	1794
indefinite prison term of thirty years to life pursuant to	1795
division (B)(3) of section 2971.03 of the Revised Code.	1796

(3)(2) If a person is convicted of or pleads guilty to	1797
aggravated murder in violation of section 2903.01 of the Revised	1798
Code or to murder in violation of section 2903.02 of the Revised	1799
Code and also is convicted of or pleads guilty to a sexual	1800
motivation specification and a sexually violent predator	1801
specification that were included in the indictment, count in the	1802
indictment, or information that charged the murder, the court	1803
shall impose upon the offender a term of life imprisonment without	1804
parole that shall be served pursuant to section 2971.03 of the	1805
Revised Code.	1806

(4)(D) In addition to the prison term imposed under this	1807
section, the offender may be fined an amount fixed by the court,	1808
but not more than twenty-five thousand dollars for aggravated	1809
murder or fifteen thousand dollars for murder.	1810

(C)(E) The court shall not impose a fine or fines for	1811
aggravated murder or murder whichthat, in the aggregate and to	1812
the extent not suspended by the court, exceeds the amount which	1813
that the offender is or will be able to pay by the method and	1814
within the time allowed without undue hardship to the offender or	1815
to the dependents of the offender, or will prevent the offender	1816
from making reparation for the victim's wrongful death.	1817

(D)(F)(1) In addition to any other sanctions imposed for a	1818
violation of section 2903.01 or 2903.02 of the Revised Code, if	1819
the offender used a motor vehicle as the means to commit the	1820
violation, the court shall impose upon the offender a class two	1821
suspension of the offender's driver's license, commercial driver's	1822
license, temporary instruction permit, probationary license, or	1823
nonresident operating privilege as specified in division (A)(2) of	1824
section 4510.02 of the Revised Code.	1825

(2) As used in division (D)(F) of this section, "motor	1826
vehicle" has the same meaning as in section 4501.01 of the Revised	1827
Code.	1828

(G) Capital punishment is hereby abolished. A trial court	1829
that sentenced an offender to death prior to the effective date of	1830
this amendment shall conduct a hearing to resentence the offender.	1831
At the resentencing hearing, the court shall impose upon the	1832
offender a sentence of life imprisonment without parole.	1833

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1834
or (G) of this section and unless a specific sanction is required	1835
to be imposed or is precluded from being imposed pursuant to law,	1836
a court that imposes a sentence upon an offender for a felony may	1837
impose any sanction or combination of sanctions on the offender	1838
that are provided in sections 2929.14 to 2929.18 of the Revised	1839
Code.	1840

If the offender is eligible to be sentenced to community	1841
control sanctions, the court shall consider the appropriateness of	1842
imposing a financial sanction pursuant to section 2929.18 of the	1843
Revised Code or a sanction of community service pursuant to	1844
section 2929.17 of the Revised Code as the sole sanction for the	1845
offense. Except as otherwise provided in this division, if the	1846
court is required to impose a mandatory prison term for the	1847
offense for which sentence is being imposed, the court also shall	1848
impose any financial sanction pursuant to section 2929.18 of the	1849
Revised Code that is required for the offense and may impose any	1850
other financial sanction pursuant to that section but may not	1851
impose any additional sanction or combination of sanctions under	1852
section 2929.16 or 2929.17 of the Revised Code.	1853

If the offender is being sentenced for a fourth degree felony	1854
OVI offense or for a third degree felony OVI offense, in addition	1855
to the mandatory term of local incarceration or the mandatory	1856
prison term required for the offense by division (G)(1) or (2) of	1857
this section, the court shall impose upon the offender a mandatory	1858
fine in accordance with division (B)(3) of section 2929.18 of the	1859
Revised Code and may impose whichever of the following is	1860
applicable:	1861

(1) For a fourth degree felony OVI offense for which sentence	1862
is imposed under division (G)(1) of this section, an additional	1863
community control sanction or combination of community control	1864
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1865
the court imposes upon the offender a community control sanction	1866
and the offender violates any condition of the community control	1867
sanction, the court may take any action prescribed in division (B)	1868
of section 2929.15 of the Revised Code relative to the offender,	1869
including imposing a prison term on the offender pursuant to that	1870
division.	1871

(2) For a third or fourth degree felony OVI offense for which	1872
sentence is imposed under division (G)(2) of this section, an	1873
additional prison term as described in division (B)(4) of section	1874
2929.14 of the Revised Code or a community control sanction as	1875
described in division (G)(2) of this section.	1876

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1877
section, if an offender is convicted of or pleads guilty to a	1878
felony of the fourth or fifth degree that is not an offense of	1879
violence or that is a qualifying assault offense, the court shall	1880
sentence the offender to a community control sanction of at least	1881
one year's duration if all of the following apply:	1882

(i) The offender previously has not been convicted of or	1883
pleaded guilty to a felony offense.	1884

(ii) The most serious charge against the offender at the time	1885
of sentencing is a felony of the fourth or fifth degree.	1886

(iii) If the court made a request of the department of	1887
rehabilitation and correction pursuant to division (B)(1)(c) of	1888
this section, the department, within the forty-five-day period	1889
specified in that division, provided the court with the names of,	1890
contact information for, and program details of one or more	1891
community control sanctions of at least one year's duration that	1892
are available for persons sentenced by the court.	1893

(iv) The offender previously has not been convicted of or	1894
pleaded guilty to a misdemeanor offense of violence that the	1895
offender committed within two years prior to the offense for which	1896
sentence is being imposed.	1897

(b) The court has discretion to impose a prison term upon an	1898
offender who is convicted of or pleads guilty to a felony of the	1899
fourth or fifth degree that is not an offense of violence or that	1900
is a qualifying assault offense if any of the following apply:	1901

(i) The offender committed the offense while having a firearm	1902
on or about the offender's person or under the offender's control.	1903

(ii) If the offense is a qualifying assault offense, the	1904
offender caused serious physical harm to another person while	1905
committing the offense, and, if the offense is not a qualifying	1906
assault offense, the offender caused physical harm to another	1907
person while committing the offense.	1908

(iii) The offender violated a term of the conditions of bond	1909
as set by the court.	1910

(iv) The court made a request of the department of	1911
rehabilitation and correction pursuant to division (B)(1)(c) of	1912
this section, and the department, within the forty-five-day period	1913
specified in that division, did not provide the court with the	1914
name of, contact information for, and program details of any	1915
community control sanction of at least one year's duration that is	1916
available for persons sentenced by the court.	1917

(v) The offense is a sex offense that is a fourth or fifth	1918
degree felony violation of any provision of Chapter 2907. of the	1919
Revised Code.	1920

(vi) In committing the offense, the offender attempted to	1921
cause or made an actual threat of physical harm to a person with a	1922
deadly weapon.	1923

(vii) In committing the offense, the offender attempted to	1924
cause or made an actual threat of physical harm to a person, and	1925
the offender previously was convicted of an offense that caused	1926
physical harm to a person.	1927

(viii) The offender held a public office or position of	1928
trust, and the offense related to that office or position; the	1929
offender's position obliged the offender to prevent the offense or	1930
to bring those committing it to justice; or the offender's	1931
professional reputation or position facilitated the offense or was	1932
likely to influence the future conduct of others.	1933

(ix) The offender committed the offense for hire or as part	1934
of an organized criminal activity.	1935

(x) The offender at the time of the offense was serving, or	1936
the offender previously had served, a prison term.	1937

(xi) The offender committed the offense while under a	1938
community control sanction, while on probation, or while released	1939
from custody on a bond or personal recognizance.	1940

(c) If a court that is sentencing an offender who is	1941
convicted of or pleads guilty to a felony of the fourth or fifth	1942
degree that is not an offense of violence or that is a qualifying	1943
assault offense believes that no community control sanctions are	1944
available for its use that, if imposed on the offender, will	1945
adequately fulfill the overriding principles and purposes of	1946
sentencing, the court shall contact the department of	1947
rehabilitation and correction and ask the department to provide	1948
the court with the names of, contact information for, and program	1949
details of one or more community control sanctions of at least one	1950
year's duration that are available for persons sentenced by the	1951
court. Not later than forty-five days after receipt of a request	1952
from a court under this division, the department shall provide the	1953
court with the names of, contact information for, and program	1954
details of one or more community control sanctions of at least one	1955
year's duration that are available for persons sentenced by the	1956
court, if any. Upon making a request under this division that	1957
relates to a particular offender, a court shall defer sentencing	1958
of that offender until it receives from the department the names	1959
of, contact information for, and program details of one or more	1960
community control sanctions of at least one year's duration that	1961
are available for persons sentenced by the court or for forty-five	1962
days, whichever is the earlier.	1963

If the department provides the court with the names of,	1964
contact information for, and program details of one or more	1965
community control sanctions of at least one year's duration that	1966
are available for persons sentenced by the court within the	1967
forty-five-day period specified in this division, the court shall	1968
impose upon the offender a community control sanction under	1969
division (B)(1)(a) of this section, except that the court may	1970
impose a prison term under division (B)(1)(b) of this section if a	1971
factor described in division (B)(1)(b)(i) or (ii) of this section	1972
applies. If the department does not provide the court with the	1973
names of, contact information for, and program details of one or	1974
more community control sanctions of at least one year's duration	1975
that are available for persons sentenced by the court within the	1976
forty-five-day period specified in this division, the court may	1977
impose upon the offender a prison term under division	1978
(B)(1)(b)(iv) of this section.	1979

(d) A sentencing court may impose an additional penalty under	1980
division (B) of section 2929.15 of the Revised Code upon an	1981
offender sentenced to a community control sanction under division	1982
(B)(1)(a) of this section if the offender violates the conditions	1983
of the community control sanction, violates a law, or leaves the	1984
state without the permission of the court or the offender's	1985
probation officer.	1986

(2) If division (B)(1) of this section does not apply, except	1987
as provided in division (E), (F), or (G) of this section, in	1988
determining whether to impose a prison term as a sanction for a	1989
felony of the fourth or fifth degree, the sentencing court shall	1990
comply with the purposes and principles of sentencing under	1991
section 2929.11 of the Revised Code and with section 2929.12 of	1992
the Revised Code.	1993

(C) Except as provided in division (D), (E), (F), or (G) of	1994
this section, in determining whether to impose a prison term as a	1995
sanction for a felony of the third degree or a felony drug offense	1996
that is a violation of a provision of Chapter 2925. of the Revised	1997
Code and that is specified as being subject to this division for	1998
purposes of sentencing, the sentencing court shall comply with the	1999
purposes and principles of sentencing under section 2929.11 of the	2000
Revised Code and with section 2929.12 of the Revised Code.	2001

(D)(1) Except as provided in division (E) or (F) of this	2002
section, for a felony of the first or second degree, for a felony	2003
drug offense that is a violation of any provision of Chapter	2004
2925., 3719., or 4729. of the Revised Code for which a presumption	2005
in favor of a prison term is specified as being applicable, and	2006
for a violation of division (A)(4) or (B) of section 2907.05 of	2007
the Revised Code for which a presumption in favor of a prison term	2008
is specified as being applicable, it is presumed that a prison	2009
term is necessary in order to comply with the purposes and	2010
principles of sentencing under section 2929.11 of the Revised	2011
Code. Division (D)(2) of this section does not apply to a	2012
presumption established under this division for a violation of	2013
division (A)(4) of section 2907.05 of the Revised Code.	2014

(2) Notwithstanding the presumption established under	2015
division (D)(1) of this section for the offenses listed in that	2016
division other than a violation of division (A)(4) or (B) of	2017
section 2907.05 of the Revised Code, the sentencing court may	2018
impose a community control sanction or a combination of community	2019
control sanctions instead of a prison term on an offender for a	2020
felony of the first or second degree or for a felony drug offense	2021
that is a violation of any provision of Chapter 2925., 3719., or	2022
4729. of the Revised Code for which a presumption in favor of a	2023
prison term is specified as being applicable if it makes both of	2024
the following findings:	2025

(a) A community control sanction or a combination of	2026
community control sanctions would adequately punish the offender	2027
and protect the public from future crime, because the applicable	2028
factors under section 2929.12 of the Revised Code indicating a	2029
lesser likelihood of recidivism outweigh the applicable factors	2030
under that section indicating a greater likelihood of recidivism.	2031

(b) A community control sanction or a combination of	2032
community control sanctions would not demean the seriousness of	2033
the offense, because one or more factors under section 2929.12 of	2034
the Revised Code that indicate that the offender's conduct was	2035
less serious than conduct normally constituting the offense are	2036
applicable, and they outweigh the applicable factors under that	2037
section that indicate that the offender's conduct was more serious	2038
than conduct normally constituting the offense.	2039

(E)(1) Except as provided in division (F) of this section,	2040
for any drug offense that is a violation of any provision of	2041
Chapter 2925. of the Revised Code and that is a felony of the	2042
third, fourth, or fifth degree, the applicability of a presumption	2043
under division (D) of this section in favor of a prison term or of	2044
division (B) or (C) of this section in determining whether to	2045
impose a prison term for the offense shall be determined as	2046
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2047
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2048
Revised Code, whichever is applicable regarding the violation.	2049

(2) If an offender who was convicted of or pleaded guilty to	2050
a felony violates the conditions of a community control sanction	2051
imposed for the offense solely by reason of producing positive	2052
results on a drug test, the court, as punishment for the violation	2053
of the sanction, shall not order that the offender be imprisoned	2054
unless the court determines on the record either of the following:	2055

(a) The offender had been ordered as a sanction for the	2056
felony to participate in a drug treatment program, in a drug	2057
education program, or in narcotics anonymous or a similar program,	2058
and the offender continued to use illegal drugs after a reasonable	2059
period of participation in the program.	2060

(b) The imprisonment of the offender for the violation is	2061
consistent with the purposes and principles of sentencing set	2062
forth in section 2929.11 of the Revised Code.	2063

(3) A court that sentences an offender for a drug abuse	2064
offense that is a felony of the third, fourth, or fifth degree may	2065
require that the offender be assessed by a properly credentialed	2066
professional within a specified period of time. The court shall	2067
require the professional to file a written assessment of the	2068
offender with the court. If the offender is eligible for a	2069
community control sanction and after considering the written	2070
assessment, the court may impose a community control sanction that	2071
includes treatment and recovery support services authorized by	2072
section 3793.02 of the Revised Code. If the court imposes	2073
treatment and recovery support services as a community control	2074
sanction, the court shall direct the level and type of treatment	2075
and recovery support services after considering the assessment and	2076
recommendation of treatment and recovery support services	2077
providers.	2078

(F) Notwithstanding divisions (A) to (E) of this section, the	2079
court shall impose a prison term or terms under sectionssection	2080
2929.02 to 2929.06, section 2929.14, section 2929.142, or section	2081
2971.03 of the Revised Code and except as specifically provided in	2082
section 2929.20, divisions (C) to (I) of section 2967.19, or	2083
section 2967.191 of the Revised Code or when parole is authorized	2084
for the offense under section 2967.13 of the Revised Code shall	2085
not reduce the term or terms pursuant to section 2929.20, section	2086
2967.19, section 2967.193, or any other provision of Chapter 2967.	2087
or Chapter 5120. of the Revised Code for any of the following	2088
offenses:	2089

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

2090

(2) Any rape, regardless of whether force was involved and	2091
regardless of the age of the victim, or an attempt to commit rape	2092
if, had the offender completed the rape that was attempted, the	2093
offender would have been guilty of a violation of division	2094
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2095
sentenced under section 2971.03 of the Revised Code;	2096

(3) Gross sexual imposition or sexual battery, if the victim	2097
is less than thirteen years of age and if any of the following	2098
applies:	2099

(a) Regarding gross sexual imposition, the offender	2100
previously was convicted of or pleaded guilty to rape, the former	2101
offense of felonious sexual penetration, gross sexual imposition,	2102
or sexual battery, and the victim of the previous offense was less	2103
than thirteen years of age;	2104

(b) Regarding gross sexual imposition, the offense was	2105
committed on or after August 3, 2006, and evidence other than the	2106
testimony of the victim was admitted in the case corroborating the	2107
violation.	2108

(c) Regarding sexual battery, either of the following	2109
applies:	2110

(i) The offense was committed prior to August 3, 2006, the	2111
offender previously was convicted of or pleaded guilty to rape,	2112
the former offense of felonious sexual penetration, or sexual	2113
battery, and the victim of the previous offense was less than	2114
thirteen years of age.	2115

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

2116

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2117
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	2118
if the section requires the imposition of a prison term;	2119

(5) A first, second, or third degree felony drug offense for	2120
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2121
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2122
4729.99 of the Revised Code, whichever is applicable regarding the	2123
violation, requires the imposition of a mandatory prison term;	2124

(6) Any offense that is a first or second degree felony and	2125
that is not set forth in division (F)(1), (2), (3), or (4) of this	2126
section, if the offender previously was convicted of or pleaded	2127
guilty to aggravated murder, murder, any first or second degree	2128
felony, or an offense under an existing or former law of this	2129
state, another state, or the United States that is or was	2130
substantially equivalent to one of those offenses;	2131

(7) Any offense that is a third degree felony and either is a	2132
violation of section 2903.04 of the Revised Code or an attempt to	2133
commit a felony of the second degree that is an offense of	2134
violence and involved an attempt to cause serious physical harm to	2135
a person or that resulted in serious physical harm to a person if	2136
the offender previously was convicted of or pleaded guilty to any	2137
of the following offenses:	2138

(a) Aggravated murder, murder, involuntary manslaughter,	2139
rape, felonious sexual penetration as it existed under section	2140
2907.12 of the Revised Code prior to September 3, 1996, a felony	2141
of the first or second degree that resulted in the death of a	2142
person or in physical harm to a person, or complicity in or an	2143
attempt to commit any of those offenses;	2144

(b) An offense under an existing or former law of this state,	2145
another state, or the United States that is or was substantially	2146
equivalent to an offense listed in division (F)(7)(a) of this	2147
section that resulted in the death of a person or in physical harm	2148
to a person.	2149

(8) Any offense, other than a violation of section 2923.12 of	2150
the Revised Code, that is a felony, if the offender had a firearm	2151
on or about the offender's person or under the offender's control	2152
while committing the felony, with respect to a portion of the	2153
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	2154
of the Revised Code for having the firearm;	2155

(9) Any offense of violence that is a felony, if the offender	2156
wore or carried body armor while committing the felony offense of	2157
violence, with respect to the portion of the sentence imposed	2158
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	2159
Code for wearing or carrying the body armor;	2160

(10) Corrupt activity in violation of section 2923.32 of the	2161
Revised Code when the most serious offense in the pattern of	2162
corrupt activity that is the basis of the offense is a felony of	2163
the first degree;	2164

(11) Any violent sex offense or designated homicide, assault,	2165
or kidnapping offense if, in relation to that offense, the	2166
offender is adjudicated a sexually violent predator;	2167

(12) A violation of division (A)(1) or (2) of section 2921.36	2168
of the Revised Code, or a violation of division (C) of that	2169
section involving an item listed in division (A)(1) or (2) of that	2170
section, if the offender is an officer or employee of the	2171
department of rehabilitation and correction;	2172

(13) A violation of division (A)(1) or (2) of section 2903.06	2173
of the Revised Code if the victim of the offense is a peace	2174
officer, as defined in section 2935.01 of the Revised Code, or an	2175
investigator of the bureau of criminal identification and	2176
investigation, as defined in section 2903.11 of the Revised Code,	2177
with respect to the portion of the sentence imposed pursuant to	2178
division (B)(5) of section 2929.14 of the Revised Code;	2179

(14) A violation of division (A)(1) or (2) of section 2903.06	2180
of the Revised Code if the offender has been convicted of or	2181
pleaded guilty to three or more violations of division (A) or (B)	2182
of section 4511.19 of the Revised Code or an equivalent offense,	2183
as defined in section 2941.1415 of the Revised Code, or three or	2184
more violations of any combination of those divisions and	2185
offenses, with respect to the portion of the sentence imposed	2186
pursuant to division (B)(6) of section 2929.14 of the Revised	2187
Code;	2188

(15) Kidnapping, in the circumstances specified in section	2189
2971.03 of the Revised Code and when no other provision of	2190
division (F) of this section applies;	2191

(16) Kidnapping, abduction, compelling prostitution,	2192
promoting prostitution, engaging in a pattern of corrupt activity,	2193
illegal use of a minor in a nudity-oriented material or	2194
performance in violation of division (A)(1) or (2) of section	2195
2907.323 of the Revised Code, or endangering children in violation	2196
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2197
the Revised Code, if the offender is convicted of or pleads guilty	2198
to a specification as described in section 2941.1422 of the	2199
Revised Code that was included in the indictment, count in the	2200
indictment, or information charging the offense;	2201

(17) A felony violation of division (A) or (B) of section	2202
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2203
that section, and division (D)(6) of that section, require the	2204
imposition of a prison term;	2205

(18) A felony violation of section 2903.11, 2903.12, or	2206
2903.13 of the Revised Code, if the victim of the offense was a	2207
woman that the offender knew was pregnant at the time of the	2208
violation, with respect to a portion of the sentence imposed	2209
pursuant to division (B)(8) of section 2929.14 of the Revised	2210
Code.	2211

(G) Notwithstanding divisions (A) to (E) of this section, if	2212
an offender is being sentenced for a fourth degree felony OVI	2213
offense or for a third degree felony OVI offense, the court shall	2214
impose upon the offender a mandatory term of local incarceration	2215
or a mandatory prison term in accordance with the following:	2216

(1) If the offender is being sentenced for a fourth degree	2217
felony OVI offense and if the offender has not been convicted of	2218
and has not pleaded guilty to a specification of the type	2219
described in section 2941.1413 of the Revised Code, the court may	2220
impose upon the offender a mandatory term of local incarceration	2221
of sixty days or one hundred twenty days as specified in division	2222
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2223
not reduce the term pursuant to section 2929.20, 2967.193, or any	2224
other provision of the Revised Code. The court that imposes a	2225
mandatory term of local incarceration under this division shall	2226
specify whether the term is to be served in a jail, a	2227
community-based correctional facility, a halfway house, or an	2228
alternative residential facility, and the offender shall serve the	2229
term in the type of facility specified by the court. A mandatory	2230
term of local incarceration imposed under division (G)(1) of this	2231
section is not subject to any other Revised Code provision that	2232
pertains to a prison term except as provided in division (A)(1) of	2233
this section.	2234

(2) If the offender is being sentenced for a third degree	2235
felony OVI offense, or if the offender is being sentenced for a	2236
fourth degree felony OVI offense and the court does not impose a	2237
mandatory term of local incarceration under division (G)(1) of	2238
this section, the court shall impose upon the offender a mandatory	2239
prison term of one, two, three, four, or five years if the	2240
offender also is convicted of or also pleads guilty to a	2241
specification of the type described in section 2941.1413 of the	2242
Revised Code or shall impose upon the offender a mandatory prison	2243
term of sixty days or one hundred twenty days as specified in	2244
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2245
if the offender has not been convicted of and has not pleaded	2246
guilty to a specification of that type. Subject to divisions (C)	2247
to (I) of section 2967.19 of the Revised Code, the court shall not	2248
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	2249
any other provision of the Revised Code. The offender shall serve	2250
the one-, two-, three-, four-, or five-year mandatory prison term	2251
consecutively to and prior to the prison term imposed for the	2252
underlying offense and consecutively to any other mandatory prison	2253
term imposed in relation to the offense. In no case shall an	2254
offender who once has been sentenced to a mandatory term of local	2255
incarceration pursuant to division (G)(1) of this section for a	2256
fourth degree felony OVI offense be sentenced to another mandatory	2257
term of local incarceration under that division for any violation	2258
of division (A) of section 4511.19 of the Revised Code. In	2259
addition to the mandatory prison term described in division (G)(2)	2260
of this section, the court may sentence the offender to a	2261
community control sanction under section 2929.16 or 2929.17 of the	2262
Revised Code, but the offender shall serve the prison term prior	2263
to serving the community control sanction. The department of	2264
rehabilitation and correction may place an offender sentenced to a	2265
mandatory prison term under this division in an intensive program	2266
prison established pursuant to section 5120.033 of the Revised	2267
Code if the department gave the sentencing judge prior notice of	2268
its intent to place the offender in an intensive program prison	2269
established under that section and if the judge did not notify the	2270
department that the judge disapproved the placement. Upon the	2271
establishment of the initial intensive program prison pursuant to	2272
section 5120.033 of the Revised Code that is privately operated	2273
and managed by a contractor pursuant to a contract entered into	2274
under section 9.06 of the Revised Code, both of the following	2275
apply:	2276

(a) The department of rehabilitation and correction shall	2277
make a reasonable effort to ensure that a sufficient number of	2278
offenders sentenced to a mandatory prison term under this division	2279
are placed in the privately operated and managed prison so that	2280
the privately operated and managed prison has full occupancy.	2281

(b) Unless the privately operated and managed prison has full	2282
occupancy, the department of rehabilitation and correction shall	2283
not place any offender sentenced to a mandatory prison term under	2284
this division in any intensive program prison established pursuant	2285
to section 5120.033 of the Revised Code other than the privately	2286
operated and managed prison.	2287

(H) If an offender is being sentenced for a sexually oriented	2288
offense or child-victim oriented offense that is a felony	2289
committed on or after January 1, 1997, the judge shall require the	2290
offender to submit to a DNA specimen collection procedure pursuant	2291
to section 2901.07 of the Revised Code.	2292

(I) If an offender is being sentenced for a sexually oriented	2293
offense or a child-victim oriented offense committed on or after	2294
January 1, 1997, the judge shall include in the sentence a summary	2295
of the offender's duties imposed under sections 2950.04, 2950.041,	2296
2950.05, and 2950.06 of the Revised Code and the duration of the	2297
duties. The judge shall inform the offender, at the time of	2298
sentencing, of those duties and of their duration. If required	2299
under division (A)(2) of section 2950.03 of the Revised Code, the	2300
judge shall perform the duties specified in that section, or, if	2301
required under division (A)(6) of section 2950.03 of the Revised	2302
Code, the judge shall perform the duties specified in that	2303
division.	2304

(J)(1) Except as provided in division (J)(2) of this section,	2305
when considering sentencing factors under this section in relation	2306
to an offender who is convicted of or pleads guilty to an attempt	2307
to commit an offense in violation of section 2923.02 of the	2308
Revised Code, the sentencing court shall consider the factors	2309
applicable to the felony category of the violation of section	2310
2923.02 of the Revised Code instead of the factors applicable to	2311
the felony category of the offense attempted.	2312

(2) When considering sentencing factors under this section in	2313
relation to an offender who is convicted of or pleads guilty to an	2314
attempt to commit a drug abuse offense for which the penalty is	2315
determined by the amount or number of unit doses of the controlled	2316
substance involved in the drug abuse offense, the sentencing court	2317
shall consider the factors applicable to the felony category that	2318
the drug abuse offense attempted would be if that drug abuse	2319
offense had been committed and had involved an amount or number of	2320
unit doses of the controlled substance that is within the next	2321
lower range of controlled substance amounts than was involved in	2322
the attempt.	2323

(K) As used in this section:

2324

(1) "Drug abuse offense" has the same meaning as in section	2325
2925.01 of the Revised Code.	2326

(2) "Qualifying assault offense" means a violation of section	2327
2903.13 of the Revised Code for which the penalty provision in	2328
division (C)(8)(b) or (C)(9)(b) of that section applies.	2329

(L) At the time of sentencing an offender for any sexually	2330
oriented offense, if the offender is a tier III sex	2331
offender/child-victim offender relative to that offense and the	2332
offender does not serve a prison term or jail term, the court may	2333
require that the offender be monitored by means of a global	2334
positioning device. If the court requires such monitoring, the	2335
cost of monitoring shall be borne by the offender. If the offender	2336
is indigent, the cost of compliance shall be paid by the crime	2337
victims reparations fund.	2338

Sec. 2929.14.  (A) Except as provided in division (B)(1),	2339
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	2340
(H), or (J) of this section or in division (D)(6) of section	2341
2919.25 of the Revised Code and except in relation to an offense	2342
for which a sentence of death or life imprisonment is to be	2343
imposed, if the court imposing a sentence upon an offender for a	2344
felony elects or is required to impose a prison term on the	2345
offender pursuant to this chapter, the court shall impose a	2346
definite prison term that shall be one of the following:	2347

(1) For a felony of the first degree, the prison term shall	2348
be three, four, five, six, seven, eight, nine, ten, or eleven	2349
years.	2350

(2) For a felony of the second degree, the prison term shall	2351
be two, three, four, five, six, seven, or eight years.	2352

(3)(a) For a felony of the third degree that is a violation	2353
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	2354
Revised Code or that is a violation of section 2911.02 or 2911.12	2355
of the Revised Code if the offender previously has been convicted	2356
of or pleaded guilty in two or more separate proceedings to two or	2357
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	2358
of the Revised Code, the prison term shall be twelve, eighteen,	2359
twenty-four, thirty, thirty-six, forty-two, forty-eight,	2360
fifty-four, or sixty months.	2361

(b) For a felony of the third degree that is not an offense	2362
for which division (A)(3)(a) of this section applies, the prison	2363
term shall be nine, twelve, eighteen, twenty-four, thirty, or	2364
thirty-six months.	2365

(4) For a felony of the fourth degree, the prison term shall	2366
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	2367
fourteen, fifteen, sixteen, seventeen, or eighteen months.	2368

(5) For a felony of the fifth degree, the prison term shall	2369
be six, seven, eight, nine, ten, eleven, or twelve months.	2370

(B)(1)(a) Except as provided in division (B)(1)(e) of this	2371
section, if an offender who is convicted of or pleads guilty to a	2372
felony also is convicted of or pleads guilty to a specification of	2373
the type described in section 2941.141, 2941.144, or 2941.145 of	2374
the Revised Code, the court shall impose on the offender one of	2375
the following prison terms:	2376

(i) A prison term of six years if the specification is of the	2377
type described in section 2941.144 of the Revised Code that	2378
charges the offender with having a firearm that is an automatic	2379
firearm or that was equipped with a firearm muffler or silencer on	2380
or about the offender's person or under the offender's control	2381
while committing the felony;	2382

(ii) A prison term of three years if the specification is of	2383
the type described in section 2941.145 of the Revised Code that	2384
charges the offender with having a firearm on or about the	2385
offender's person or under the offender's control while committing	2386
the offense and displaying the firearm, brandishing the firearm,	2387
indicating that the offender possessed the firearm, or using it to	2388
facilitate the offense;	2389

(iii) A prison term of one year if the specification is of	2390
the type described in section 2941.141 of the Revised Code that	2391
charges the offender with having a firearm on or about the	2392
offender's person or under the offender's control while committing	2393
the felony.	2394

(b) If a court imposes a prison term on an offender under	2395
division (B)(1)(a) of this section, the prison term shall not be	2396
reduced pursuant to section 2967.19, section 2929.20, section	2397
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2398
of the Revised Code. Except as provided in division (B)(1)(g) of	2399
this section, a court shall not impose more than one prison term	2400
on an offender under division (B)(1)(a) of this section for	2401
felonies committed as part of the same act or transaction.	2402

(c) Except as provided in division (B)(1)(e) of this section,	2403
if an offender who is convicted of or pleads guilty to a violation	2404
of section 2923.161 of the Revised Code or to a felony that	2405
includes, as an essential element, purposely or knowingly causing	2406
or attempting to cause the death of or physical harm to another,	2407
also is convicted of or pleads guilty to a specification of the	2408
type described in section 2941.146 of the Revised Code that	2409
charges the offender with committing the offense by discharging a	2410
firearm from a motor vehicle other than a manufactured home, the	2411
court, after imposing a prison term on the offender for the	2412
violation of section 2923.161 of the Revised Code or for the other	2413
felony offense under division (A), (B)(2), or (B)(3) of this	2414
section, shall impose an additional prison term of five years upon	2415
the offender that shall not be reduced pursuant to section	2416
2929.20, section 2967.19, section 2967.193, or any other provision	2417
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	2418
shall not impose more than one additional prison term on an	2419
offender under division (B)(1)(c) of this section for felonies	2420
committed as part of the same act or transaction. If a court	2421
imposes an additional prison term on an offender under division	2422
(B)(1)(c) of this section relative to an offense, the court also	2423
shall impose a prison term under division (B)(1)(a) of this	2424
section relative to the same offense, provided the criteria	2425
specified in that division for imposing an additional prison term	2426
are satisfied relative to the offender and the offense.	2427

(d) If an offender who is convicted of or pleads guilty to an	2428
offense of violence that is a felony also is convicted of or	2429
pleads guilty to a specification of the type described in section	2430
2941.1411 of the Revised Code that charges the offender with	2431
wearing or carrying body armor while committing the felony offense	2432
of violence, the court shall impose on the offender a prison term	2433
of two years. The prison term so imposed, subject to divisions (C)	2434
to (I) of section 2967.19 of the Revised Code, shall not be	2435
reduced pursuant to section 2929.20, section 2967.19, section	2436
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2437
of the Revised Code. A court shall not impose more than one prison	2438
term on an offender under division (B)(1)(d) of this section for	2439
felonies committed as part of the same act or transaction. If a	2440
court imposes an additional prison term under division (B)(1)(a)	2441
or (c) of this section, the court is not precluded from imposing	2442
an additional prison term under division (B)(1)(d) of this	2443
section.	2444

(e) The court shall not impose any of the prison terms	2445
described in division (B)(1)(a) of this section or any of the	2446
additional prison terms described in division (B)(1)(c) of this	2447
section upon an offender for a violation of section 2923.12 or	2448
2923.123 of the Revised Code. The court shall not impose any of	2449
the prison terms described in division (B)(1)(a) or (b) of this	2450
section upon an offender for a violation of section 2923.122 that	2451
involves a deadly weapon that is a firearm other than a dangerous	2452
ordnance, section 2923.16, or section 2923.121 of the Revised	2453
Code. The court shall not impose any of the prison terms described	2454
in division (B)(1)(a) of this section or any of the additional	2455
prison terms described in division (B)(1)(c) of this section upon	2456
an offender for a violation of section 2923.13 of the Revised Code	2457
unless all of the following apply:	2458

(i) The offender previously has been convicted of aggravated	2459
murder, murder, or any felony of the first or second degree.	2460

(ii) Less than five years have passed since the offender was	2461
released from prison or post-release control, whichever is later,	2462
for the prior offense.	2463

(f) If an offender is convicted of or pleads guilty to a	2464
felony that includes, as an essential element, causing or	2465
attempting to cause the death of or physical harm to another and	2466
also is convicted of or pleads guilty to a specification of the	2467
type described in section 2941.1412 of the Revised Code that	2468
charges the offender with committing the offense by discharging a	2469
firearm at a peace officer as defined in section 2935.01 of the	2470
Revised Code or a corrections officer, as defined in section	2471
2941.1412 of the Revised Code, the court, after imposing a prison	2472
term on the offender for the felony offense under division (A),	2473
(B)(2), or (B)(3) of this section, shall impose an additional	2474
prison term of seven years upon the offender that shall not be	2475
reduced pursuant to section 2929.20, section 2967.19, section	2476
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	2477
of the Revised Code. If an offender is convicted of or pleads	2478
guilty to two or more felonies that include, as an essential	2479
element, causing or attempting to cause the death or physical harm	2480
to another and also is convicted of or pleads guilty to a	2481
specification of the type described under division (B)(1)(f) of	2482
this section in connection with two or more of the felonies of	2483
which the offender is convicted or to which the offender pleads	2484
guilty, the sentencing court shall impose on the offender the	2485
prison term specified under division (B)(1)(f) of this section for	2486
each of two of the specifications of which the offender is	2487
convicted or to which the offender pleads guilty and, in its	2488
discretion, also may impose on the offender the prison term	2489
specified under that division for any or all of the remaining	2490
specifications. If a court imposes an additional prison term on an	2491
offender under division (B)(1)(f) of this section relative to an	2492
offense, the court shall not impose a prison term under division	2493
(B)(1)(a) or (c) of this section relative to the same offense.	2494

(g) If an offender is convicted of or pleads guilty to two or	2495
more felonies, if one or more of those felonies are aggravated	2496
murder, murder, attempted aggravated murder, attempted murder,	2497
aggravated robbery, felonious assault, or rape, and if the	2498
offender is convicted of or pleads guilty to a specification of	2499
the type described under division (B)(1)(a) of this section in	2500
connection with two or more of the felonies, the sentencing court	2501
shall impose on the offender the prison term specified under	2502
division (B)(1)(a) of this section for each of the two most	2503
serious specifications of which the offender is convicted or to	2504
which the offender pleads guilty and, in its discretion, also may	2505
impose on the offender the prison term specified under that	2506
division for any or all of the remaining specifications.	2507

(2)(a) If division (B)(2)(b) of this section does not apply,	2508
the court may impose on an offender, in addition to the longest	2509
prison term authorized or required for the offense, an additional	2510
definite prison term of one, two, three, four, five, six, seven,	2511
eight, nine, or ten years if all of the following criteria are	2512
met:	2513

(i) The offender is convicted of or pleads guilty to a	2514
specification of the type described in section 2941.149 of the	2515
Revised Code that the offender is a repeat violent offender.	2516

(ii) The offense of which the offender currently is convicted	2517
or to which the offender currently pleads guilty is aggravated	2518
murder and the court does not impose a sentence of death or life	2519
imprisonment without parole, murder, terrorism and the court does	2520
not impose a sentence of life imprisonment without parole, any	2521
felony of the first degree that is an offense of violence and the	2522
court does not impose a sentence of life imprisonment without	2523
parole, or any felony of the second degree that is an offense of	2524
violence and the trier of fact finds that the offense involved an	2525
attempt to cause or a threat to cause serious physical harm to a	2526
person or resulted in serious physical harm to a person.	2527

(iii) The court imposes the longest prison term for the	2528
offense that is not life imprisonment without parole.	2529

(iv) The court finds that the prison terms imposed pursuant	2530
to division (B)(2)(a)(iii) of this section and, if applicable,	2531
division (B)(1) or (3) of this section are inadequate to punish	2532
the offender and protect the public from future crime, because the	2533
applicable factors under section 2929.12 of the Revised Code	2534
indicating a greater likelihood of recidivism outweigh the	2535
applicable factors under that section indicating a lesser	2536
likelihood of recidivism.	2537

(v) The court finds that the prison terms imposed pursuant to	2538
division (B)(2)(a)(iii) of this section and, if applicable,	2539
division (B)(1) or (3) of this section are demeaning to the	2540
seriousness of the offense, because one or more of the factors	2541
under section 2929.12 of the Revised Code indicating that the	2542
offender's conduct is more serious than conduct normally	2543
constituting the offense are present, and they outweigh the	2544
applicable factors under that section indicating that the	2545
offender's conduct is less serious than conduct normally	2546
constituting the offense.	2547

(b) The court shall impose on an offender the longest prison	2548
term authorized or required for the offense and shall impose on	2549
the offender an additional definite prison term of one, two,	2550
three, four, five, six, seven, eight, nine, or ten years if all of	2551
the following criteria are met:	2552

(i) The offender is convicted of or pleads guilty to a	2553
specification of the type described in section 2941.149 of the	2554
Revised Code that the offender is a repeat violent offender.	2555

(ii) The offender within the preceding twenty years has been	2556
convicted of or pleaded guilty to three or more offenses described	2557
in division (CC)(1) of section 2929.01 of the Revised Code,	2558
including all offenses described in that division of which the	2559
offender is convicted or to which the offender pleads guilty in	2560
the current prosecution and all offenses described in that	2561
division of which the offender previously has been convicted or to	2562
which the offender previously pleaded guilty, whether prosecuted	2563
together or separately.	2564

(iii) The offense or offenses of which the offender currently	2565
is convicted or to which the offender currently pleads guilty is	2566
aggravated murder and the court does not impose a sentence of	2567
death or life imprisonment without parole, murder, terrorism and	2568
the court does not impose a sentence of life imprisonment without	2569
parole, any felony of the first degree that is an offense of	2570
violence and the court does not impose a sentence of life	2571
imprisonment without parole, or any felony of the second degree	2572
that is an offense of violence and the trier of fact finds that	2573
the offense involved an attempt to cause or a threat to cause	2574
serious physical harm to a person or resulted in serious physical	2575
harm to a person.	2576

(c) For purposes of division (B)(2)(b) of this section, two	2577
or more offenses committed at the same time or as part of the same	2578
act or event shall be considered one offense, and that one offense	2579
shall be the offense with the greatest penalty.	2580

(d) A sentence imposed under division (B)(2)(a) or (b) of	2581
this section shall not be reduced pursuant to section 2929.20,	2582
section 2967.19, or section 2967.193, or any other provision of	2583
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	2584
shall serve an additional prison term imposed under this section	2585
consecutively to and prior to the prison term imposed for the	2586
underlying offense.	2587

(e) When imposing a sentence pursuant to division (B)(2)(a)	2588
or (b) of this section, the court shall state its findings	2589
explaining the imposed sentence.	2590

(3) Except when an offender commits a violation of section	2591
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	2592
the violation is life imprisonment or commits a violation of	2593
section 2903.02 of the Revised Code, if the offender commits a	2594
violation of section 2925.03 or 2925.11 of the Revised Code and	2595
that section classifies the offender as a major drug offender, if	2596
the offender commits a felony violation of section 2925.02,	2597
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	2598
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	2599
division (C) of section 4729.51, or division (J) of section	2600
4729.54 of the Revised Code that includes the sale, offer to sell,	2601
or possession of a schedule I or II controlled substance, with the	2602
exception of marihuana, and the court imposing sentence upon the	2603
offender finds that the offender is guilty of a specification of	2604
the type described in section 2941.1410 of the Revised Code	2605
charging that the offender is a major drug offender, if the court	2606
imposing sentence upon an offender for a felony finds that the	2607
offender is guilty of corrupt activity with the most serious	2608
offense in the pattern of corrupt activity being a felony of the	2609
first degree, or if the offender is guilty of an attempted	2610
violation of section 2907.02 of the Revised Code and, had the	2611
offender completed the violation of section 2907.02 of the Revised	2612
Code that was attempted, the offender would have been subject to a	2613
sentence of life imprisonment or life imprisonment without parole	2614
for the violation of section 2907.02 of the Revised Code, the	2615
court shall impose upon the offender for the felony violation a	2616
mandatory prison term of the maximum prison term prescribed for a	2617
felony of the first degree that, subject to divisions (C) to (I)	2618
of section 2967.19 of the Revised Code, cannot be reduced pursuant	2619
to section 2929.20, section 2967.19, or any other provision of	2620
Chapter 2967. or 5120. of the Revised Code.	2621

(4) If the offender is being sentenced for a third or fourth	2622
degree felony OVI offense under division (G)(2) of section 2929.13	2623
of the Revised Code, the sentencing court shall impose upon the	2624
offender a mandatory prison term in accordance with that division.	2625
In addition to the mandatory prison term, if the offender is being	2626
sentenced for a fourth degree felony OVI offense, the court,	2627
notwithstanding division (A)(4) of this section, may sentence the	2628
offender to a definite prison term of not less than six months and	2629
not more than thirty months, and if the offender is being	2630
sentenced for a third degree felony OVI offense, the sentencing	2631
court may sentence the offender to an additional prison term of	2632
any duration specified in division (A)(3) of this section. In	2633
either case, the additional prison term imposed shall be reduced	2634
by the sixty or one hundred twenty days imposed upon the offender	2635
as the mandatory prison term. The total of the additional prison	2636
term imposed under division (B)(4) of this section plus the sixty	2637
or one hundred twenty days imposed as the mandatory prison term	2638
shall equal a definite term in the range of six months to thirty	2639
months for a fourth degree felony OVI offense and shall equal one	2640
of the authorized prison terms specified in division (A)(3) of	2641
this section for a third degree felony OVI offense. If the court	2642
imposes an additional prison term under division (B)(4) of this	2643
section, the offender shall serve the additional prison term after	2644
the offender has served the mandatory prison term required for the	2645
offense. In addition to the mandatory prison term or mandatory and	2646
additional prison term imposed as described in division (B)(4) of	2647
this section, the court also may sentence the offender to a	2648
community control sanction under section 2929.16 or 2929.17 of the	2649
Revised Code, but the offender shall serve all of the prison terms	2650
so imposed prior to serving the community control sanction.	2651

If the offender is being sentenced for a fourth degree felony	2652
OVI offense under division (G)(1) of section 2929.13 of the	2653
Revised Code and the court imposes a mandatory term of local	2654
incarceration, the court may impose a prison term as described in	2655
division (A)(1) of that section.	2656

(5) If an offender is convicted of or pleads guilty to a	2657
violation of division (A)(1) or (2) of section 2903.06 of the	2658
Revised Code and also is convicted of or pleads guilty to a	2659
specification of the type described in section 2941.1414 of the	2660
Revised Code that charges that the victim of the offense is a	2661
peace officer, as defined in section 2935.01 of the Revised Code,	2662
or an investigator of the bureau of criminal identification and	2663
investigation, as defined in section 2903.11 of the Revised Code,	2664
the court shall impose on the offender a prison term of five	2665
years. If a court imposes a prison term on an offender under	2666
division (B)(5) of this section, the prison term, subject to	2667
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2668
not be reduced pursuant to section 2929.20, section 2967.19,	2669
section 2967.193, or any other provision of Chapter 2967. or	2670
Chapter 5120. of the Revised Code. A court shall not impose more	2671
than one prison term on an offender under division (B)(5) of this	2672
section for felonies committed as part of the same act.	2673

(6) If an offender is convicted of or pleads guilty to a	2674
violation of division (A)(1) or (2) of section 2903.06 of the	2675
Revised Code and also is convicted of or pleads guilty to a	2676
specification of the type described in section 2941.1415 of the	2677
Revised Code that charges that the offender previously has been	2678
convicted of or pleaded guilty to three or more violations of	2679
division (A) or (B) of section 4511.19 of the Revised Code or an	2680
equivalent offense, as defined in section 2941.1415 of the Revised	2681
Code, or three or more violations of any combination of those	2682
divisions and offenses, the court shall impose on the offender a	2683
prison term of three years. If a court imposes a prison term on an	2684
offender under division (B)(6) of this section, the prison term,	2685
subject to divisions (C) to (I) of section 2967.19 of the Revised	2686
Code, shall not be reduced pursuant to section 2929.20, section	2687
2967.19, section 2967.193, or any other provision of Chapter 2967.	2688
or Chapter 5120. of the Revised Code. A court shall not impose	2689
more than one prison term on an offender under division (B)(6) of	2690
this section for felonies committed as part of the same act.	2691

(7)(a) If an offender is convicted of or pleads guilty to a	2692
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2693
2923.32, division (A)(1) or (2) of section 2907.323, or division	2694
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2695
Code and also is convicted of or pleads guilty to a specification	2696
of the type described in section 2941.1422 of the Revised Code	2697
that charges that the offender knowingly committed the offense in	2698
furtherance of human trafficking, the court shall impose on the	2699
offender a mandatory prison term that is one of the following:	2700

(i) If the offense is a felony of the first degree, a	2701
definite prison term of not less than five years and not greater	2702
than ten years;	2703

(ii) If the offense is a felony of the second or third	2704
degree, a definite prison term of not less than three years and	2705
not greater than the maximum prison term allowed for the offense	2706
by division (A) of section 2929.14 of the Revised Code;	2707

(iii) If the offense is a felony of the fourth or fifth	2708
degree, a definite prison term that is the maximum prison term	2709
allowed for the offense by division (A) of section 2929.14 of the	2710
Revised Code.	2711

(b) Subject to divisions (C) to (I) of section 2967.19 of the	2712
Revised Code, the prison term imposed under division (B)(7)(a) of	2713
this section shall not be reduced pursuant to section 2929.20,	2714
section 2967.19, section 2967.193, or any other provision of	2715
Chapter 2967. of the Revised Code. A court shall not impose more	2716
than one prison term on an offender under division (B)(7)(a) of	2717
this section for felonies committed as part of the same act,	2718
scheme, or plan.	2719

(8) If an offender is convicted of or pleads guilty to a	2720
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2721
Revised Code and also is convicted of or pleads guilty to a	2722
specification of the type described in section 2941.1423 of the	2723
Revised Code that charges that the victim of the violation was a	2724
woman whom the offender knew was pregnant at the time of the	2725
violation, notwithstanding the range of prison terms prescribed in	2726
division (A) of this section for felonies of the same degree as	2727
the violation, the court shall impose on the offender a mandatory	2728
prison term that is either a definite prison term of six months or	2729
one of the prison terms prescribed in section 2929.14 of the	2730
Revised Code for felonies of the same degree as the violation.	2731

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	2732
mandatory prison term is imposed upon an offender pursuant to	2733
division (B)(1)(a) of this section for having a firearm on or	2734
about the offender's person or under the offender's control while	2735
committing a felony, if a mandatory prison term is imposed upon an	2736
offender pursuant to division (B)(1)(c) of this section for	2737
committing a felony specified in that division by discharging a	2738
firearm from a motor vehicle, or if both types of mandatory prison	2739
terms are imposed, the offender shall serve any mandatory prison	2740
term imposed under either division consecutively to any other	2741
mandatory prison term imposed under either division or under	2742
division (B)(1)(d) of this section, consecutively to and prior to	2743
any prison term imposed for the underlying felony pursuant to	2744
division (A), (B)(2), or (B)(3) of this section or any other	2745
section of the Revised Code, and consecutively to any other prison	2746
term or mandatory prison term previously or subsequently imposed	2747
upon the offender.	2748

(b) If a mandatory prison term is imposed upon an offender	2749
pursuant to division (B)(1)(d) of this section for wearing or	2750
carrying body armor while committing an offense of violence that	2751
is a felony, the offender shall serve the mandatory term so	2752
imposed consecutively to any other mandatory prison term imposed	2753
under that division or under division (B)(1)(a) or (c) of this	2754
section, consecutively to and prior to any prison term imposed for	2755
the underlying felony under division (A), (B)(2), or (B)(3) of	2756
this section or any other section of the Revised Code, and	2757
consecutively to any other prison term or mandatory prison term	2758
previously or subsequently imposed upon the offender.	2759

(c) If a mandatory prison term is imposed upon an offender	2760
pursuant to division (B)(1)(f) of this section, the offender shall	2761
serve the mandatory prison term so imposed consecutively to and	2762
prior to any prison term imposed for the underlying felony under	2763
division (A), (B)(2), or (B)(3) of this section or any other	2764
section of the Revised Code, and consecutively to any other prison	2765
term or mandatory prison term previously or subsequently imposed	2766
upon the offender.	2767

(d) If a mandatory prison term is imposed upon an offender	2768
pursuant to division (B)(7) or (8) of this section, the offender	2769
shall serve the mandatory prison term so imposed consecutively to	2770
any other mandatory prison term imposed under that division or	2771
under any other provision of law and consecutively to any other	2772
prison term or mandatory prison term previously or subsequently	2773
imposed upon the offender.	2774

(2) If an offender who is an inmate in a jail, prison, or	2775
other residential detention facility violates section 2917.02,	2776
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	2777
of section 2921.34 of the Revised Code, if an offender who is	2778
under detention at a detention facility commits a felony violation	2779
of section 2923.131 of the Revised Code, or if an offender who is	2780
an inmate in a jail, prison, or other residential detention	2781
facility or is under detention at a detention facility commits	2782
another felony while the offender is an escapee in violation of	2783
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	2784
prison term imposed upon the offender for one of those violations	2785
shall be served by the offender consecutively to the prison term	2786
or term of imprisonment the offender was serving when the offender	2787
committed that offense and to any other prison term previously or	2788
subsequently imposed upon the offender.	2789

(3) If a prison term is imposed for a violation of division	2790
(B) of section 2911.01 of the Revised Code, a violation of	2791
division (A) of section 2913.02 of the Revised Code in which the	2792
stolen property is a firearm or dangerous ordnance, or a felony	2793
violation of division (B) of section 2921.331 of the Revised Code,	2794
the offender shall serve that prison term consecutively to any	2795
other prison term or mandatory prison term previously or	2796
subsequently imposed upon the offender.	2797

(4) If multiple prison terms are imposed on an offender for	2798
convictions of multiple offenses, the court may require the	2799
offender to serve the prison terms consecutively if the court	2800
finds that the consecutive service is necessary to protect the	2801
public from future crime or to punish the offender and that	2802
consecutive sentences are not disproportionate to the seriousness	2803
of the offender's conduct and to the danger the offender poses to	2804
the public, and if the court also finds any of the following:	2805

(a) The offender committed one or more of the multiple	2806
offenses while the offender was awaiting trial or sentencing, was	2807
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2808
2929.18 of the Revised Code, or was under post-release control for	2809
a prior offense.	2810

(b) At least two of the multiple offenses were committed as	2811
part of one or more courses of conduct, and the harm caused by two	2812
or more of the multiple offenses so committed was so great or	2813
unusual that no single prison term for any of the offenses	2814
committed as part of any of the courses of conduct adequately	2815
reflects the seriousness of the offender's conduct.	2816

(c) The offender's history of criminal conduct demonstrates	2817
that consecutive sentences are necessary to protect the public	2818
from future crime by the offender.	2819

(5) If a mandatory prison term is imposed upon an offender	2820
pursuant to division (B)(5) or (6) of this section, the offender	2821
shall serve the mandatory prison term consecutively to and prior	2822
to any prison term imposed for the underlying violation of	2823
division (A)(1) or (2) of section 2903.06 of the Revised Code	2824
pursuant to division (A) of this section or section 2929.142 of	2825
the Revised Code. If a mandatory prison term is imposed upon an	2826
offender pursuant to division (B)(5) of this section, and if a	2827
mandatory prison term also is imposed upon the offender pursuant	2828
to division (B)(6) of this section in relation to the same	2829
violation, the offender shall serve the mandatory prison term	2830
imposed pursuant to division (B)(5) of this section consecutively	2831
to and prior to the mandatory prison term imposed pursuant to	2832
division (B)(6) of this section and consecutively to and prior to	2833
any prison term imposed for the underlying violation of division	2834
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2835
division (A) of this section or section 2929.142 of the Revised	2836
Code.	2837

(6) When consecutive prison terms are imposed pursuant to	2838
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	2839
of this section, the term to be served is the aggregate of all of	2840
the terms so imposed.	2841

(D)(1) If a court imposes a prison term for a felony of the	2842
first degree, for a felony of the second degree, for a felony sex	2843
offense, or for a felony of the third degree that is not a felony	2844
sex offense and in the commission of which the offender caused or	2845
threatened to cause physical harm to a person, it shall include in	2846
the sentence a requirement that the offender be subject to a	2847
period of post-release control after the offender's release from	2848
imprisonment, in accordance with that division. If a court imposes	2849
a sentence including a prison term of a type described in this	2850
division on or after July 11, 2006, the failure of a court to	2851
include a post-release control requirement in the sentence	2852
pursuant to this division does not negate, limit, or otherwise	2853
affect the mandatory period of post-release control that is	2854
required for the offender under division (B) of section 2967.28 of	2855
the Revised Code. Section 2929.191 of the Revised Code applies if,	2856
prior to July 11, 2006, a court imposed a sentence including a	2857
prison term of a type described in this division and failed to	2858
include in the sentence pursuant to this division a statement	2859
regarding post-release control.	2860

(2) If a court imposes a prison term for a felony of the	2861
third, fourth, or fifth degree that is not subject to division	2862
(D)(1) of this section, it shall include in the sentence a	2863
requirement that the offender be subject to a period of	2864
post-release control after the offender's release from	2865
imprisonment, in accordance with that division, if the parole	2866
board determines that a period of post-release control is	2867
necessary. Section 2929.191 of the Revised Code applies if, prior	2868
to July 11, 2006, a court imposed a sentence including a prison	2869
term of a type described in this division and failed to include in	2870
the sentence pursuant to this division a statement regarding	2871
post-release control.	2872

(E) The court shall impose sentence upon the offender in	2873
accordance with section 2971.03 of the Revised Code, and Chapter	2874
2971. of the Revised Code applies regarding the prison term or	2875
term of life imprisonment without parole imposed upon the offender	2876
and the service of that term of imprisonment if any of the	2877
following apply:	2878

(1) A person is convicted of or pleads guilty to a violent	2879
sex offense or a designated homicide, assault, or kidnapping	2880
offense, and, in relation to that offense, the offender is	2881
adjudicated a sexually violent predator.	2882

(2) A person is convicted of or pleads guilty to a violation	2883
of division (A)(1)(b) of section 2907.02 of the Revised Code	2884
committed on or after January 2, 2007, and either the court does	2885
not impose a sentence of life without parole when authorized	2886
pursuant to division (B) of section 2907.02 of the Revised Code,	2887
or division (B) of section 2907.02 of the Revised Code provides	2888
that the court shall not sentence the offender pursuant to section	2889
2971.03 of the Revised Code.	2890

(3) A person is convicted of or pleads guilty to attempted	2891
rape committed on or after January 2, 2007, and a specification of	2892
the type described in section 2941.1418, 2941.1419, or 2941.1420	2893
of the Revised Code.	2894

(4) A person is convicted of or pleads guilty to a violation	2895
of section 2905.01 of the Revised Code committed on or after	2896
January 1, 2008, and that section requires the court to sentence	2897
the offender pursuant to section 2971.03 of the Revised Code.	2898

(5) A person is convicted of or pleads guilty to aggravated	2899
murder committed on or after January 1, 2008, and division	2900
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2901
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2902
(E)(1)(d) of section 2929.03, or division (A) or (B)(C) of section	2903
2929.062929.02 of the Revised Code requires the court to sentence	2904
the offender pursuant to division (B)(3) of section 2971.03 of the	2905
Revised Code.	2906

(6) A person is convicted of or pleads guilty to murder	2907
committed on or after January 1, 2008, and division (B)(2)(C)(1)	2908
of section 2929.02 of the Revised Code requires the court to	2909
sentence the offender pursuant to section 2971.03 of the Revised	2910
Code.	2911

(F) If a person who has been convicted of or pleaded guilty	2912
to a felony is sentenced to a prison term or term of imprisonment	2913
under this section, sectionssection 2929.02 to 2929.06 of the	2914
Revised Code, section 2929.142 of the Revised Code, sectionor	2915
2971.03 of the Revised Code, or any other provision of law,	2916
section 5120.163 of the Revised Code applies regarding the person	2917
while the person is confined in a state correctional institution.	2918

(G) If an offender who is convicted of or pleads guilty to a	2919
felony that is an offense of violence also is convicted of or	2920
pleads guilty to a specification of the type described in section	2921
2941.142 of the Revised Code that charges the offender with having	2922
committed the felony while participating in a criminal gang, the	2923
court shall impose upon the offender an additional prison term of	2924
one, two, or three years.	2925

(H)(1) If an offender who is convicted of or pleads guilty to	2926
aggravated murder, murder, or a felony of the first, second, or	2927
third degree that is an offense of violence also is convicted of	2928
or pleads guilty to a specification of the type described in	2929
section 2941.143 of the Revised Code that charges the offender	2930
with having committed the offense in a school safety zone or	2931
towards a person in a school safety zone, the court shall impose	2932
upon the offender an additional prison term of two years. The	2933
offender shall serve the additional two years consecutively to and	2934
prior to the prison term imposed for the underlying offense.	2935

(2)(a) If an offender is convicted of or pleads guilty to a	2936
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2937
of the Revised Code and to a specification of the type described	2938
in section 2941.1421 of the Revised Code and if the court imposes	2939
a prison term on the offender for the felony violation, the court	2940
may impose upon the offender an additional prison term as follows:	2941

(i) Subject to division (H)(2)(a)(ii) of this section, an	2942
additional prison term of one, two, three, four, five, or six	2943
months;	2944

(ii) If the offender previously has been convicted of or	2945
pleaded guilty to one or more felony or misdemeanor violations of	2946
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2947
Revised Code and also was convicted of or pleaded guilty to a	2948
specification of the type described in section 2941.1421 of the	2949
Revised Code regarding one or more of those violations, an	2950
additional prison term of one, two, three, four, five, six, seven,	2951
eight, nine, ten, eleven, or twelve months.	2952

(b) In lieu of imposing an additional prison term under	2953
division (H)(2)(a) of this section, the court may directly impose	2954
on the offender a sanction that requires the offender to wear a	2955
real-time processing, continual tracking electronic monitoring	2956
device during the period of time specified by the court. The	2957
period of time specified by the court shall equal the duration of	2958
an additional prison term that the court could have imposed upon	2959
the offender under division (H)(2)(a) of this section. A sanction	2960
imposed under this division shall commence on the date specified	2961
by the court, provided that the sanction shall not commence until	2962
after the offender has served the prison term imposed for the	2963
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2964
of the Revised Code and any residential sanction imposed for the	2965
violation under section 2929.16 of the Revised Code. A sanction	2966
imposed under this division shall be considered to be a community	2967
control sanction for purposes of section 2929.15 of the Revised	2968
Code, and all provisions of the Revised Code that pertain to	2969
community control sanctions shall apply to a sanction imposed	2970
under this division, except to the extent that they would by their	2971
nature be clearly inapplicable. The offender shall pay all costs	2972
associated with a sanction imposed under this division, including	2973
the cost of the use of the monitoring device.	2974

(I) At the time of sentencing, the court may recommend the	2975
offender for placement in a program of shock incarceration under	2976
section 5120.031 of the Revised Code or for placement in an	2977
intensive program prison under section 5120.032 of the Revised	2978
Code, disapprove placement of the offender in a program of shock	2979
incarceration or an intensive program prison of that nature, or	2980
make no recommendation on placement of the offender. In no case	2981
shall the department of rehabilitation and correction place the	2982
offender in a program or prison of that nature unless the	2983
department determines as specified in section 5120.031 or 5120.032	2984
of the Revised Code, whichever is applicable, that the offender is	2985
eligible for the placement.	2986

If the court disapproves placement of the offender in a	2987
program or prison of that nature, the department of rehabilitation	2988
and correction shall not place the offender in any program of	2989
shock incarceration or intensive program prison.	2990

If the court recommends placement of the offender in a	2991
program of shock incarceration or in an intensive program prison,	2992
and if the offender is subsequently placed in the recommended	2993
program or prison, the department shall notify the court of the	2994
placement and shall include with the notice a brief description of	2995
the placement.	2996

If the court recommends placement of the offender in a	2997
program of shock incarceration or in an intensive program prison	2998
and the department does not subsequently place the offender in the	2999
recommended program or prison, the department shall send a notice	3000
to the court indicating why the offender was not placed in the	3001
recommended program or prison.	3002

If the court does not make a recommendation under this	3003
division with respect to an offender and if the department	3004
determines as specified in section 5120.031 or 5120.032 of the	3005
Revised Code, whichever is applicable, that the offender is	3006
eligible for placement in a program or prison of that nature, the	3007
department shall screen the offender and determine if there is an	3008
available program of shock incarceration or an intensive program	3009
prison for which the offender is suited. If there is an available	3010
program of shock incarceration or an intensive program prison for	3011
which the offender is suited, the department shall notify the	3012
court of the proposed placement of the offender as specified in	3013
section 5120.031 or 5120.032 of the Revised Code and shall include	3014
with the notice a brief description of the placement. The court	3015
shall have ten days from receipt of the notice to disapprove the	3016
placement.	3017

(J) If a person is convicted of or pleads guilty to	3018
aggravated vehicular homicide in violation of division (A)(1) of	3019
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3020
section applies, the person shall be sentenced pursuant to section	3021
2929.142 of the Revised Code.	3022

Sec. 2941.021.  Any criminal offense whichthat is not	3023
punishable by death or life imprisonment may be prosecuted by	3024
information filed in the common pleas court by the prosecuting	3025
attorney if the defendant, after he hashaving been advised by the	3026
court of the nature of the charge against himthe defendant and of	3027
histhe defendant's rights under the constitution, is represented	3028
by counsel or has affirmatively waived counsel by waiver in	3029
writing and in open court, waives in writing and in open court	3030
prosecution by indictment.	3031

Sec. 2941.14. (A) In an indictment for aggravated murder,	3032
murder, or voluntary or involuntary manslaughter, the manner in	3033
which, or the means by which the death was caused need not be set	3034
forth.	3035

(B) Imposition of the death penalty for aggravated murder is	3036
precluded unless the indictment or count in the indictment	3037
charging the offense specifies one or more of the aggravating	3038
circumstances listed in division (A) of section 2929.04 of the	3039
Revised Code. If more than one aggravating circumstance is	3040
specified to an indictment or count, each shall be in a separately	3041
numbered specification, and if an aggravating circumstance is	3042
specified to a count in an indictment containing more than one	3043
count, such specification shall be identified as to the count to	3044
which it applies.	3045

(C) A specification to an indictment or count in an	3046
indictment charging aggravated murder shall be stated at the end	3047
of the body of the indictment or count, and may be in	3048
substantially the following form:	3049

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	3050
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	3051
Jurors further find and specify that (set forth the applicable	3052
aggravating circumstance listed in divisions (A)(1) to (10) of	3053
section 2929.04 of the Revised Code. The aggravating circumstance	3054
may be stated in the words of the subdivision in which it appears,	3055
or in words sufficient to give the accused notice of the same)."	3056

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	3057
the Revised Code to an offender is precluded unless one of the	3058
following applies:	3059

(a) The offender is charged with a violent sex offense, and	3060
the indictment, count in the indictment, or information charging	3061
the violent sex offense also includes a specification that the	3062
offender is a sexually violent predator, or the offender is	3063
charged with a designated homicide, assault, or kidnapping	3064
offense, and the indictment, count in the indictment, or	3065
information charging the designated homicide, assault, or	3066
kidnapping offense also includes both a specification of the type	3067
described in section 2941.147 of the Revised Code and a	3068
specification that the offender is a sexually violent predator.	3069

(b) The offender is convicted of or pleads guilty to a	3070
violation of division (A)(1)(b) of section 2907.02 of the Revised	3071
Code committed on or after January 2, 2007, and division (B) of	3072
section 2907.02 of the Revised Code does not prohibit the court	3073
from sentencing the offender pursuant to section 2971.03 of the	3074
Revised Code.	3075

(c) The offender is convicted of or pleads guilty to	3076
attempted rape committed on or after January 2, 2007, and to a	3077
specification of the type described in section 2941.1418,	3078
2941.1419, or 2941.1420 of the Revised Code.	3079

(d) The offender is convicted of or pleads guilty to a	3080
violation of section 2905.01 of the Revised Code and to a	3081
specification of the type described in section 2941.147 of the	3082
Revised Code, and section 2905.01 of the Revised Code requires a	3083
court to sentence the offender pursuant to section 2971.03 of the	3084
Revised Code.	3085

(e) The offender is convicted of or pleads guilty to	3086
aggravated murder and to a specification of the type described in	3087
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	3088
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	3089
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	3090
2929.03, or division (A) or (B)(C)(1) of section 2929.062929.02	3091
of the Revised Code requires a court to sentence the offender	3092
pursuant to division (B)(3) of section 2971.03 of the Revised	3093
Code.	3094

(f) The offender is convicted of or pleads guilty to murder	3095
and to a specification of the type described in section 2941.147	3096
of the Revised Code, and division (B)(2)(C)(1) of section 2929.02	3097
of the Revised Code requires a court to sentence the offender	3098
pursuant to section 2971.03 of the Revised Code.	3099

(2) A specification required under division (A)(1)(a) of this	3100
section that an offender is a sexually violent predator shall be	3101
stated at the end of the body of the indictment, count, or	3102
information and shall be stated in substantially the following	3103
form:	3104

"Specification (or, specification to the first count). The	3105
grand jury (or insert the person's or prosecuting attorney's name	3106
when appropriate) further find and specify that the offender is a	3107
sexually violent predator."	3108

(B) In determining for purposes of this section whether a	3109
person is a sexually violent predator, all of the factors set	3110
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	3111
Code that apply regarding the person may be considered as evidence	3112
tending to indicate that it is likely that the person will engage	3113
in the future in one or more sexually violent offenses.	3114

(C) As used in this section, "designated homicide, assault,	3115
or kidnapping offense," "violent sex offense," and "sexually	3116
violent predator" have the same meanings as in section 2971.01 of	3117
the Revised Code.	3118

Sec. 2941.401.  When a person has entered upon a term of	3119
imprisonment in a correctional institution of this state, and when	3120
during the continuance of the term of imprisonment there is	3121
pending in this state any untried indictment, information, or	3122
complaint against the prisoner, hethe prisoner shall be brought	3123
to trial within one hundred eighty days after hethe prisoner	3124
causes to be delivered to the prosecuting attorney and the	3125
appropriate court in which the matter is pending, written notice	3126
of the place of histhe prisoner's imprisonment and a request for	3127
a final disposition to be made of the matter, except that for good	3128
cause shown in open court, with the prisoner or histhe prisoner's	3129
counsel present, the court may grant any necessary or reasonable	3130
continuance. The request of the prisoner shall be accompanied by a	3131
certificate of the warden or superintendent having custody of the	3132
prisoner, stating the term of commitment under which the prisoner	3133
is being held, the time served and remaining to be served on the	3134
sentence, the amount of good time earned, the time of parole	3135
eligibility of the prisoner, and any decisions of the adult parole	3136
authority relating to the prisoner.	3137

The written notice and request for final disposition shall be	3138
given or sent by the prisoner to the warden or superintendent	3139
having custody of himthe prisoner, who shall promptly forward it	3140
with the certificate to the appropriate prosecuting attorney and	3141
court by registered or certified mail, return receipt requested.	3142

The warden or superintendent having custody of the prisoner	3143
shall promptly inform himthe prisoner in writing of the source	3144
and contents of any untried indictment, information, or complaint	3145
against himthe prisoner, concerning which the warden or	3146
superintendent has knowledge, and of histhe prisoner's right to	3147
make a request for final disposition thereof.	3148

Escape from custody by the prisoner, subsequent to histhe	3149
prisoner's execution of the request for final disposition, voids	3150
the request.	3151

If the action is not brought to trial within the time	3152
provided, subject to continuance allowed pursuant to this section,	3153
no court any longer has jurisdiction thereof, the indictment,	3154
information, or complaint is void, and the court shall enter an	3155
order dismissing the action with prejudice.	3156

This section does not apply to any person adjudged to be	3157
mentally ill or who is under sentence of life imprisonment or	3158
death, or to any prisoner under sentence of death.	3159

Sec. 2941.43.  If the convict referred to in section 2941.40	3160
of the Revised Code is acquitted, hethe convict shall be	3161
forthwith returned by the sheriff to the state correctional	3162
institution to serve out the remainder of histhe convict's	3163
sentence. If hethe convict is sentenced to imprisonment in a	3164
state correctional institution, hethe convict shall be returned	3165
to the state correctional institution by the sheriff to serve his	3166
newthe convict's term. If he is sentenced to death, the death	3167
sentence shall be executed as if he were not under sentence of	3168
imprisonment in a state correctional institution.	3169

Sec. 2941.51.  (A) Counsel appointed to a case or selected by	3170
an indigent person under division (E) of section 120.16 or	3171
division (E) of section 120.26 of the Revised Code, or otherwise	3172
appointed by the court, except for counsel appointed by the court	3173
to provide legal representation for a person charged with a	3174
violation of an ordinance of a municipal corporation, shall be	3175
paid for their services by the county the compensation and	3176
expenses that the trial court approves. Each request for payment	3177
shall be accompanied by a financial disclosure form and an	3178
affidavit of indigency that are completed by the indigent person	3179
on forms prescribed by the state public defender. Compensation and	3180
expenses shall not exceed the amounts fixed by the board of county	3181
commissioners pursuant to division (B) of this section.	3182

(B) The board of county commissioners shall establish a	3183
schedule of fees by case or on an hourly basis to be paid by the	3184
county for legal services provided by appointed counsel. Prior to	3185
establishing such schedule, the board shall request the bar	3186
association or associations of the county to submit a proposed	3187
schedule. The schedule submitted shall be subject to the review,	3188
amendment, and approval of the board of county commissioners.	3189

(C) In a case where counsel have been appointed to conduct an	3190
appeal under Chapter 120. of the Revised Code, such compensation	3191
shall be fixed by the court of appeals or the supreme court, as	3192
provided in divisions (A) and (B) of this section.	3193

(D) The fees and expenses approved by the court under this	3194
section shall not be taxed as part of the costs and shall be paid	3195
by the county. However, if the person represented has, or	3196
reasonably may be expected to have, the means to meet some part of	3197
the cost of the services rendered to the person, the person shall	3198
pay the county an amount that the person reasonably can be	3199
expected to pay. Pursuant to section 120.04 of the Revised Code,	3200
the county shall pay to the state public defender a percentage of	3201
the payment received from the person in an amount proportionate to	3202
the percentage of the costs of the person's case that were paid to	3203
the county by the state public defender pursuant to this section.	3204
The money paid to the state public defender shall be credited to	3205
the client payment fund created pursuant to division (B)(5) of	3206
section 120.04 of the Revised Code.	3207

(E) The county auditor shall draw a warrant on the county	3208
treasurer for the payment of such counsel in the amount fixed by	3209
the court, plus the expenses that the court fixes and certifies to	3210
the auditor. The county auditor shall report periodically, but not	3211
less than annually, to the board of county commissioners and to	3212
the Ohio public defender commission the amounts paid out pursuant	3213
to the approval of the court under this section, separately	3214
stating costs and expenses that are reimbursable under section	3215
120.35 of the Revised Code. The board, after review and approval	3216
of the auditor's report, may then certify it to the state public	3217
defender for reimbursement. The request for reimbursement shall be	3218
accompanied by a financial disclosure form completed by each	3219
indigent person for whom counsel was provided on a form prescribed	3220
by the state public defender. The state public defender shall	3221
review the report and, in accordance with the standards,	3222
guidelines, and maximums established pursuant to divisions (B)(7)	3223
and (8) of section 120.04 of the Revised Code, pay fifty per cent	3224
of the total cost, other than costs and expenses that are	3225
reimbursable under section 120.35 of the Revised Code, if any, of	3226
paying appointed counsel in each county and pay fifty per cent of	3227
costs and expenses that are reimbursable under section 120.35 of	3228
the Revised Code, if any, to the board.	3229

(F) If any county system for paying appointed counsel fails	3230
to maintain the standards for the conduct of the system	3231
established by the rules of the Ohio public defender commission	3232
pursuant to divisions (B) and (C) of section 120.03 of the Revised	3233
Code or the standards established by the state public defender	3234
pursuant to division (B)(7) of section 120.04 of the Revised Code,	3235
the commission shall notify the board of county commissioners of	3236
the county that the county system for paying appointed counsel has	3237
failed to comply with its rules. Unless the board corrects the	3238
conduct of its appointed counsel system to comply with the rules	3239
within ninety days after the date of the notice, the state public	3240
defender may deny all or part of the county's reimbursement from	3241
the state provided for in this section.	3242

Sec. 2945.06.  In any case in which a defendant waives his	3243
right to trial by jury and elects to be tried by the court under	3244
section 2945.05 of the Revised Code, any judge of the court in	3245
which the cause is pending shall proceed to hear, try, and	3246
determine the cause in accordance with the rules and in like	3247
manner as if the cause were being tried before a jury. If the	3248
accused is charged with an offense punishable with death, he shall	3249
be tried by a court to be composed of three judges, consisting of	3250
the judge presiding at the time in the trial of criminal cases and	3251
two other judges to be designated by the presiding judge or chief	3252
justice of that court, and in case there is neither a presiding	3253
judge nor a chief justice, by the chief justice of the supreme	3254
court. The judges or a majority of them may decide all questions	3255
of fact and law arising upon the trial; however the accused shall	3256
not be found guilty or not guilty of any offense unless the judges	3257
unanimously find the accused guilty or not guilty. If the accused	3258
pleads guilty of aggravated murder, a court composed of three	3259
judges shall examine the witnesses, determine whether the accused	3260
is guilty of aggravated murder or any other offense, and pronounce	3261
sentence accordingly. The court shall follow the procedures	3262
contained in sections 2929.03 and 2929.04 of the Revised Code in	3263
all cases in which the accused is charged with an offense	3264
punishable by death. If in the composition of the court it is	3265
necessary that a judge from another county be assigned by the	3266
chief justice, the judge from another county shall be compensated	3267
for his services as provided by section 141.07 of the Revised	3268
Code.	3269

Sec. 2945.21.  (A)(1) In criminal cases in which there is	3270
only one defendant, each party, in addition to the challenges for	3271
cause authorized by law, may peremptorily challenge three of the	3272
jurors in misdemeanor cases and four of the jurors in felony cases	3273
other than capital cases. If there is more than one defendant,	3274
each defendant may peremptorily challenge the same number of	3275
jurors as if hethe defendant were the sole defendant.	3276

(2) Notwithstanding Criminal Rule 24, in capital cases in	3277
which there is only one defendant, each party, in addition to the	3278
challenges for cause authorized by law, may peremptorily challenge	3279
twelve of the jurors. If there is more than one defendant, each	3280
defendant may peremptorily challenge the same number of jurors as	3281
if he were the sole defendant.	3282

(3) In any case in which there are multiple defendants, the	3283
prosecuting attorney may peremptorily challenge a number of jurors	3284
equal to the total number of peremptory challenges allowed to all	3285
of the defendants.	3286

(B) If any indictments, informations, or complaints are	3287
consolidated for trial, the consolidated cases shall be	3288
considered, for purposes of exercising peremptory challenges, as	3289
though the defendants or offenses had been joined in the same	3290
indictment, information, or complaint.	3291

(C) The exercise of peremptory challenges authorized by this	3292
section shall be in accordance with the procedures of Criminal	3293
Rule 24.	3294

Sec. 2945.25.  A person called as a juror in a criminal case	3295
may be challenged for the following causes:	3296

(A) That hethe person was a member of the grand jury that	3297
found the indictment in the case;	3298

(B) That hethe person is possessed of a state of mind	3299
evincing enmity or bias toward the defendant or the state; but no	3300
person summoned as a juror shall be disqualified by reason of a	3301
previously formed or expressed opinion with reference to the guilt	3302
or innocence of the accused, if the court is satisfied, from	3303
examination of the juror or from other evidence, that hethe juror	3304
will render an impartial verdict according to the law and the	3305
evidence submitted to the jury at the trial;	3306

(C) In the trial of a capital offense, that he unequivocally	3307
states that under no circumstances will he follow the instructions	3308
of a trial judge and consider fairly the imposition of a sentence	3309
of death in a particular case. A prospective juror's conscientious	3310
or religious opposition to the death penalty in and of itself is	3311
not grounds for a challenge for cause. All parties shall be given	3312
wide latitude in voir dire questioning in this regard.	3313

(D) That hethe person is related by consanguinity or	3314
affinity within the fifth degree to the person alleged to be	3315
injured or attempted to be injured by the offense charged, or to	3316
the person on whose complaint the prosecution was instituted, or	3317
to the defendant;	3318

(E)(D) That hethe person served on a petit jury drawn in the	3319
same cause against the same defendant, and that jury was	3320
discharged after hearing the evidence or rendering a verdict on	3321
the evidence that was set aside;	3322

(F)(E) That hethe person served as a juror in a civil case	3323
brought against the defendant for the same act;	3324

(G)(F) That hethe person has been subpoenaed in good faith	3325
as a witness in the case;	3326

(H)(G) That hethe person is a chronic alcoholic, or drug	3327
dependent person;	3328

(I)(H) That hethe person has been convicted of a crime that	3329
by law disqualifies himthe person from serving on a jury;	3330

(J)(I) That hethe person has an action pending between him	3331
the person and the state or the defendant;	3332

(K)(J) That hethe person or histhe person's spouse is a	3333
party to another action then pending in any court in which an	3334
attorney in the cause then on trial is an attorney, either for or	3335
against himthe person;	3336

(L)(K) That hethe person is the person alleged to be injured	3337
or attempted to be injured by the offense charged, or is the	3338
person on whose complaint the prosecution was instituted, or the	3339
defendant;	3340

(M)(L) That hethe person is the employer or employee, or the	3341
spouse, parent, son, or daughter of the employer or employee, or	3342
the counselor, agent, or attorney of any person included in	3343
division (L)(K) of this section;	3344

(N)(M) That English is not histhe person's native language,	3345
and histhe person's knowledge of English is insufficient to	3346
permit himthe person to understand the facts and law in the case;	3347

(O)(N) That hethe person otherwise is unsuitable for any	3348
other cause to serve as a juror.	3349

The validity of each challenge listed in this section shall	3350
be determined by the court.	3351

Sec. 2945.33.  When a cause is finally submitted the jurors	3352
must be kept together in a convenient place under the charge of an	3353
officer until they agree upon a verdict, or are discharged by the	3354
court. The court, except in cases where the offense charged may be	3355
punishable by death, may permit the jurors to separate during the	3356
adjournment of court overnight, under proper cautions, or under	3357
supervision of an officer. Such officer shall not permit a	3358
communication to be made to them, nor make any himself	3359
communication to them except to ask if they have agreed upon a	3360
verdict, unless hethe officer does so by order of the court. Such	3361
officer shall not communicate to any person, before the verdict is	3362
delivered, any matter in relation to their deliberation. Upon the	3363
trial of any prosecution for misdemeanor, the court may permit the	3364
jury to separate during their deliberation, or upon adjournment of	3365
the court overnight.	3366

In cases where the offense charged may be punished by death,	3367
after the case is finally submitted to the jury, the jurors shall	3368
be kept in charge of the proper officer and proper arrangements	3369
for their care and maintenance shall be made as under section	3370
2945.31 of the Revised Code.	3371

Sec. 2945.38.  (A) If the issue of a defendant's competence	3372
to stand trial is raised and if the court, upon conducting the	3373
hearing provided for in section 2945.37 of the Revised Code, finds	3374
that the defendant is competent to stand trial, the defendant	3375
shall be proceeded against as provided by law. If the court finds	3376
the defendant competent to stand trial and the defendant is	3377
receiving psychotropic drugs or other medication, the court may	3378
authorize the continued administration of the drugs or medication	3379
or other appropriate treatment in order to maintain the	3380
defendant's competence to stand trial, unless the defendant's	3381
attending physician advises the court against continuation of the	3382
drugs, other medication, or treatment.	3383

(B)(1)(a) If, after taking into consideration all relevant	3384
reports, information, and other evidence, the court finds that the	3385
defendant is incompetent to stand trial and that there is a	3386
substantial probability that the defendant will become competent	3387
to stand trial within one year if the defendant is provided with a	3388
course of treatment, the court shall order the defendant to	3389
undergo treatment. If the defendant has been charged with a felony	3390
offense and if, after taking into consideration all relevant	3391
reports, information, and other evidence, the court finds that the	3392
defendant is incompetent to stand trial, but the court is unable	3393
at that time to determine whether there is a substantial	3394
probability that the defendant will become competent to stand	3395
trial within one year if the defendant is provided with a course	3396
of treatment, the court shall order continuing evaluation and	3397
treatment of the defendant for a period not to exceed four months	3398
to determine whether there is a substantial probability that the	3399
defendant will become competent to stand trial within one year if	3400
the defendant is provided with a course of treatment.	3401

(b) The court order for the defendant to undergo treatment or	3402
continuing evaluation and treatment under division (B)(1)(a) of	3403
this section shall specify that the defendant, if determined to	3404
require mental health treatment or continuing evaluation and	3405
treatment, either shall be committed to the department of mental	3406
health and addiction services for treatment or continuing	3407
evaluation and treatment at a hospital, facility, or agency, as	3408
determined to be clinically appropriate by the department of	3409
mental health and addiction services or shall be committed to a	3410
facility certified by the department of mental health and	3411
addiction services as being qualified to treat mental illness, to	3412
a public or community mental health facility, or to a psychiatrist	3413
or another mental health professional for treatment or continuing	3414
evaluation and treatment. Prior to placing the defendant, the	3415
department of mental health and addiction services shall obtain	3416
court approval for that placement following a hearing. The court	3417
order for the defendant to undergo treatment or continuing	3418
evaluation and treatment under division (B)(1)(a) of this section	3419
shall specify that the defendant, if determined to require	3420
treatment or continuing evaluation and treatment for mental	3421
retardation, shall receive treatment or continuing evaluation and	3422
treatment at an institution or facility operated by the department	3423
of developmental disabilities, at a facility certified by the	3424
department of developmental disabilities as being qualified to	3425
treat mental retardation, at a public or private mental	3426
retardation facility, or by a psychiatrist or another mental	3427
retardation professional. In any case, the order may restrict the	3428
defendant's freedom of movement as the court considers necessary.	3429
The prosecutor in the defendant's case shall send to the chief	3430
clinical officer of the hospital, facility, or agency where the	3431
defendant is placed by the department of mental health and	3432
addiction services, or to the managing officer of the institution,	3433
the director of the program or facility, or the person to which	3434
the defendant is committed, copies of relevant police reports and	3435
other background information that pertains to the defendant and is	3436
available to the prosecutor unless the prosecutor determines that	3437
the release of any of the information in the police reports or any	3438
of the other background information to unauthorized persons would	3439
interfere with the effective prosecution of any person or would	3440
create a substantial risk of harm to any person.	3441

In determining the place of commitment, the court shall	3442
consider the extent to which the person is a danger to the person	3443
and to others, the need for security, and the type of crime	3444
involved and shall order the least restrictive alternative	3445
available that is consistent with public safety and treatment	3446
goals. In weighing these factors, the court shall give preference	3447
to protecting public safety.	3448

(c) If the defendant is found incompetent to stand trial, if	3449
the chief clinical officer of the hospital, facility, or agency	3450
where the defendant is placed, or the managing officer of the	3451
institution, the director of the program or facility, or the	3452
person to which the defendant is committed for treatment or	3453
continuing evaluation and treatment under division (B)(1)(b) of	3454
this section determines that medication is necessary to restore	3455
the defendant's competency to stand trial, and if the defendant	3456
lacks the capacity to give informed consent or refuses medication,	3457
the chief clinical officer of the hospital, facility, or agency	3458
where the defendant is placed, or the managing officer of the	3459
institution, the director of the program or facility, or the	3460
person to which the defendant is committed for treatment or	3461
continuing evaluation and treatment may petition the court for	3462
authorization for the involuntary administration of medication.	3463
The court shall hold a hearing on the petition within five days of	3464
the filing of the petition if the petition was filed in a	3465
municipal court or a county court regarding an incompetent	3466
defendant charged with a misdemeanor or within ten days of the	3467
filing of the petition if the petition was filed in a court of	3468
common pleas regarding an incompetent defendant charged with a	3469
felony offense. Following the hearing, the court may authorize the	3470
involuntary administration of medication or may dismiss the	3471
petition.	3472

(2) If the court finds that the defendant is incompetent to	3473
stand trial and that, even if the defendant is provided with a	3474
course of treatment, there is not a substantial probability that	3475
the defendant will become competent to stand trial within one	3476
year, the court shall order the discharge of the defendant, unless	3477
upon motion of the prosecutor or on its own motion, the court	3478
either seeks to retain jurisdiction over the defendant pursuant to	3479
section 2945.39 of the Revised Code or files an affidavit in the	3480
probate court for the civil commitment of the defendant pursuant	3481
to Chapter 5122. or 5123. of the Revised Code alleging that the	3482
defendant is a mentally ill person subject to hospitalization by	3483
court order or a mentally retarded person subject to	3484
institutionalization by court order. If an affidavit is filed in	3485
the probate court, the trial court shall send to the probate court	3486
copies of all written reports of the defendant's mental condition	3487
that were prepared pursuant to section 2945.371 of the Revised	3488
Code.	3489

The trial court may issue the temporary order of detention	3490
that a probate court may issue under section 5122.11 or 5123.71 of	3491
the Revised Code, to remain in effect until the probable cause or	3492
initial hearing in the probate court. Further proceedings in the	3493
probate court are civil proceedings governed by Chapter 5122. or	3494
5123. of the Revised Code.	3495

(C) No defendant shall be required to undergo treatment,	3496
including any continuing evaluation and treatment, under division	3497
(B)(1) of this section for longer than whichever of the following	3498
periods is applicable:	3499

(1) One year, if the most serious offense with which the	3500
defendant is charged is one of the following offenses:	3501

(a) Aggravated murder, murder, or an offense of violence for	3502
which a sentence of death or life imprisonment may be imposed;	3503

(b) An offense of violence that is a felony of the first or	3504
second degree;	3505

(c) A conspiracy to commit, an attempt to commit, or	3506
complicity in the commission of an offense described in division	3507
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	3508
complicity is a felony of the first or second degree.	3509

(2) Six months, if the most serious offense with which the	3510
defendant is charged is a felony other than a felony described in	3511
division (C)(1) of this section;	3512

(3) Sixty days, if the most serious offense with which the	3513
defendant is charged is a misdemeanor of the first or second	3514
degree;	3515

(4) Thirty days, if the most serious offense with which the	3516
defendant is charged is a misdemeanor of the third or fourth	3517
degree, a minor misdemeanor, or an unclassified misdemeanor.	3518

(D) Any defendant who is committed pursuant to this section	3519
shall not voluntarily admit the defendant or be voluntarily	3520
admitted to a hospital or institution pursuant to section 5122.02,	3521
5122.15, 5123.69, or 5123.76 of the Revised Code.	3522

(E) Except as otherwise provided in this division, a	3523
defendant who is charged with an offense and is committed by the	3524
court under this section to the department of mental health and	3525
addiction services or is committed to an institution or facility	3526
for the treatment of mental retardation shall not be granted	3527
unsupervised on-grounds movement, supervised off-grounds movement,	3528
or nonsecured status except in accordance with the court order.	3529
The court may grant a defendant supervised off-grounds movement to	3530
obtain medical treatment or specialized habilitation treatment	3531
services if the person who supervises the treatment or the	3532
continuing evaluation and treatment of the defendant ordered under	3533
division (B)(1)(a) of this section informs the court that the	3534
treatment or continuing evaluation and treatment cannot be	3535
provided at the hospital or facility where the defendant is placed	3536
by the department of mental health and addiction services or the	3537
institution or facility to which the defendant is committed. The	3538
chief clinical officer of the hospital or facility where the	3539
defendant is placed by the department of mental health and	3540
addiction services or the managing officer of the institution or	3541
director of the facility to which the defendant is committed, or a	3542
designee of any of those persons, may grant a defendant movement	3543
to a medical facility for an emergency medical situation with	3544
appropriate supervision to ensure the safety of the defendant,	3545
staff, and community during that emergency medical situation. The	3546
chief clinical officer of the hospital or facility where the	3547
defendant is placed by the department of mental health and	3548
addiction services or the managing officer of the institution or	3549
director of the facility to which the defendant is committed shall	3550
notify the court within twenty-four hours of the defendant's	3551
movement to the medical facility for an emergency medical	3552
situation under this division.	3553

(F) The person who supervises the treatment or continuing	3554
evaluation and treatment of a defendant ordered to undergo	3555
treatment or continuing evaluation and treatment under division	3556
(B)(1)(a) of this section shall file a written report with the	3557
court at the following times:	3558

(1) Whenever the person believes the defendant is capable of	3559
understanding the nature and objective of the proceedings against	3560
the defendant and of assisting in the defendant's defense;	3561

(2) For a felony offense, fourteen days before expiration of	3562
the maximum time for treatment as specified in division (C) of	3563
this section and fourteen days before the expiration of the	3564
maximum time for continuing evaluation and treatment as specified	3565
in division (B)(1)(a) of this section, and, for a misdemeanor	3566
offense, ten days before the expiration of the maximum time for	3567
treatment, as specified in division (C) of this section;	3568

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

3569

(4) Whenever the person who supervises the treatment or	3570
continuing evaluation and treatment of a defendant ordered under	3571
division (B)(1)(a) of this section believes that there is not a	3572
substantial probability that the defendant will become capable of	3573
understanding the nature and objective of the proceedings against	3574
the defendant or of assisting in the defendant's defense even if	3575
the defendant is provided with a course of treatment.	3576

(G) A report under division (F) of this section shall contain	3577
the examiner's findings, the facts in reasonable detail on which	3578
the findings are based, and the examiner's opinion as to the	3579
defendant's capability of understanding the nature and objective	3580
of the proceedings against the defendant and of assisting in the	3581
defendant's defense. If, in the examiner's opinion, the defendant	3582
remains incapable of understanding the nature and objective of the	3583
proceedings against the defendant and of assisting in the	3584
defendant's defense and there is a substantial probability that	3585
the defendant will become capable of understanding the nature and	3586
objective of the proceedings against the defendant and of	3587
assisting in the defendant's defense if the defendant is provided	3588
with a course of treatment, if in the examiner's opinion the	3589
defendant remains mentally ill or mentally retarded, and if the	3590
maximum time for treatment as specified in division (C) of this	3591
section has not expired, the report also shall contain the	3592
examiner's recommendation as to the least restrictive placement or	3593
commitment alternative that is consistent with the defendant's	3594
treatment needs for restoration to competency and with the safety	3595
of the community. The court shall provide copies of the report to	3596
the prosecutor and defense counsel.	3597

(H) If a defendant is committed pursuant to division (B)(1)	3598
of this section, within ten days after the treating physician of	3599
the defendant or the examiner of the defendant who is employed or	3600
retained by the treating facility advises that there is not a	3601
substantial probability that the defendant will become capable of	3602
understanding the nature and objective of the proceedings against	3603
the defendant or of assisting in the defendant's defense even if	3604
the defendant is provided with a course of treatment, within ten	3605
days after the expiration of the maximum time for treatment as	3606
specified in division (C) of this section, within ten days after	3607
the expiration of the maximum time for continuing evaluation and	3608
treatment as specified in division (B)(1)(a) of this section,	3609
within thirty days after a defendant's request for a hearing that	3610
is made after six months of treatment, or within thirty days after	3611
being advised by the treating physician or examiner that the	3612
defendant is competent to stand trial, whichever is the earliest,	3613
the court shall conduct another hearing to determine if the	3614
defendant is competent to stand trial and shall do whichever of	3615
the following is applicable:	3616

(1) If the court finds that the defendant is competent to	3617
stand trial, the defendant shall be proceeded against as provided	3618
by law.	3619

(2) If the court finds that the defendant is incompetent to	3620
stand trial, but that there is a substantial probability that the	3621
defendant will become competent to stand trial if the defendant is	3622
provided with a course of treatment, and the maximum time for	3623
treatment as specified in division (C) of this section has not	3624
expired, the court, after consideration of the examiner's	3625
recommendation, shall order that treatment be continued, may	3626
change the facility or program at which the treatment is to be	3627
continued, and shall specify whether the treatment is to be	3628
continued at the same or a different facility or program.	3629

(3) If the court finds that the defendant is incompetent to	3630
stand trial, if the defendant is charged with an offense listed in	3631
division (C)(1) of this section, and if the court finds that there	3632
is not a substantial probability that the defendant will become	3633
competent to stand trial even if the defendant is provided with a	3634
course of treatment, or if the maximum time for treatment relative	3635
to that offense as specified in division (C) of this section has	3636
expired, further proceedings shall be as provided in sections	3637
2945.39, 2945.401, and 2945.402 of the Revised Code.	3638

(4) If the court finds that the defendant is incompetent to	3639
stand trial, if the most serious offense with which the defendant	3640
is charged is a misdemeanor or a felony other than a felony listed	3641
in division (C)(1) of this section, and if the court finds that	3642
there is not a substantial probability that the defendant will	3643
become competent to stand trial even if the defendant is provided	3644
with a course of treatment, or if the maximum time for treatment	3645
relative to that offense as specified in division (C) of this	3646
section has expired, the court shall dismiss the indictment,	3647
information, or complaint against the defendant. A dismissal under	3648
this division is not a bar to further prosecution based on the	3649
same conduct. The court shall discharge the defendant unless the	3650
court or prosecutor files an affidavit in probate court for civil	3651
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	3652
If an affidavit for civil commitment is filed, the court may	3653
detain the defendant for ten days pending civil commitment. All of	3654
the following provisions apply to persons charged with a	3655
misdemeanor or a felony other than a felony listed in division	3656
(C)(1) of this section who are committed by the probate court	3657
subsequent to the court's or prosecutor's filing of an affidavit	3658
for civil commitment under authority of this division:	3659

(a) The chief clinical officer of the entity, hospital, or	3660
facility, the managing officer of the institution, the director of	3661
the program, or the person to which the defendant is committed or	3662
admitted shall do all of the following:	3663

(i) Notify the prosecutor, in writing, of the discharge of	3664
the defendant, send the notice at least ten days prior to the	3665
discharge unless the discharge is by the probate court, and state	3666
in the notice the date on which the defendant will be discharged;	3667

(ii) Notify the prosecutor, in writing, when the defendant is	3668
absent without leave or is granted unsupervised, off-grounds	3669
movement, and send this notice promptly after the discovery of the	3670
absence without leave or prior to the granting of the	3671
unsupervised, off-grounds movement, whichever is applicable;	3672

(iii) Notify the prosecutor, in writing, of the change of the	3673
defendant's commitment or admission to voluntary status, send the	3674
notice promptly upon learning of the change to voluntary status,	3675
and state in the notice the date on which the defendant was	3676
committed or admitted on a voluntary status.	3677

(b) Upon receiving notice that the defendant will be granted	3678
unsupervised, off-grounds movement, the prosecutor either shall	3679
re-indict the defendant or promptly notify the court that the	3680
prosecutor does not intend to prosecute the charges against the	3681
defendant.	3682

(I) If a defendant is convicted of a crime and sentenced to a	3683
jail or workhouse, the defendant's sentence shall be reduced by	3684
the total number of days the defendant is confined for evaluation	3685
to determine the defendant's competence to stand trial or	3686
treatment under this section and sections 2945.37 and 2945.371 of	3687
the Revised Code or by the total number of days the defendant is	3688
confined for evaluation to determine the defendant's mental	3689
condition at the time of the offense charged.	3690

Sec. 2949.02.  (A) If a person is convicted of any bailable	3691
offense, including, but not limited to, a violation of an	3692
ordinance of a municipal corporation, in a municipal or county	3693
court or in a court of common pleas and if the person gives to the	3694
trial judge or magistrate a written notice of the person's	3695
intention to file or apply for leave to file an appeal to the	3696
court of appeals, the trial judge or magistrate may suspend,	3697
subject to division (A)(2)(b) of section 2953.09 of the Revised	3698
Code, execution of the sentence or judgment imposed for any fixed	3699
time that will give the person time either to prepare and file, or	3700
to apply for leave to file, the appeal. In all bailable cases,	3701
except as provided in division (B) of this section, the trial	3702
judge or magistrate may release the person on bail in accordance	3703
with Criminal Rule 46, and the bail shall at least be conditioned	3704
that the person will appeal without delay and abide by the	3705
judgment and sentence of the court.	3706

(B) Notwithstanding any provision of Criminal Rule 46 to the	3707
contrary, a trial judge of a court of common pleas shall not	3708
release on bail pursuant to division (A) of this section a person	3709
who is convicted of a bailable offense if the person is sentenced	3710
to imprisonment for life or if that offense is a violation of	3711
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01,	3712
2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11	3713
of the Revised Code or is felonious sexual penetration in	3714
violation of former section 2907.12 of the Revised Code.	3715

(C) If a trial judge of a court of common pleas is prohibited	3716
by division (B) of this section from releasing on bail pursuant to	3717
division (A) of this section a person who is convicted of a	3718
bailable offense and not sentenced to imprisonment for life, the	3719
appropriate court of appeals or two judges of it, upon motion of	3720
such a person and for good cause shown, may release the person on	3721
bail in accordance with Appellate Rule 8 and Criminal Rule 46, and	3722
the bail shall at least be conditioned as described in division	3723
(A) of this section.	3724

Sec. 2949.03.  If a judgment of conviction by a court of	3725
common pleas, municipal court, or county court is affirmed by a	3726
court of appeals and remanded to the trial court for execution of	3727
the sentence or judgment imposed, and the person so convicted	3728
gives notice of histhe person's intention to file a notice of	3729
appeal to the supreme court, the trial court, on the filing of a	3730
motion by such person within three days after the rendition by the	3731
court of appeals of the judgment of affirmation, may further	3732
suspend, subject to division (A)(2)(b) of section 2953.09 of the	3733
Revised Code, the execution of the sentence or judgment imposed	3734
for a time sufficient to give such person an opportunity to file a	3735
notice of appeal to the supreme court, but the sentence or	3736
judgment imposed shall not be suspended more than thirty days for	3737
that purpose.	3738

Sec. 2953.02.  In a capital case in which a sentence of death	3739
is imposed for an offense committed before January 1, 1995, and in	3740
any other criminal case, including a conviction for the violation	3741
of an ordinance of a municipal corporation, the judgment or final	3742
order of a court of record inferior to the court of appeals may be	3743
reviewed in the court of appeals. A final order of an	3744
administrative officer or agency may be reviewed in the court of	3745
common pleas. A judgment or final order of the court of appeals	3746
involving a question arising under the Constitution of the United	3747
States or of this state may be appealed to the supreme court as a	3748
matter of right. This right of appeal from judgments and final	3749
orders of the court of appeals shall extend to cases in which a	3750
sentence of death is imposed for an offense committed before	3751
January 1, 1995, and in which the death penalty has been affirmed,	3752
felony cases in which the supreme court has directed the court of	3753
appeals to certify its record, and in all other criminal cases of	3754
public or general interest wherein the supreme court has granted a	3755
motion to certify the record of the court of appeals. In a capital	3756
case in which a sentence of death is imposed for an offense	3757
committed on or after January 1, 1995, the judgment or final order	3758
may be appealed from the trial court directly to the supreme court	3759
as a matter of right. The supreme court in criminal cases shall	3760
not be required to determine as to the weight of the evidence,	3761
except that, in cases in which a sentence of death is imposed for	3762
an offense committed on or after January 1, 1995, and in which the	3763
question of the weight of the evidence to support the judgment has	3764
been raised on appeal, the supreme court shall determine as to the	3765
weight of the evidence to support the judgment and shall determine	3766
as to the weight of the evidence to support the sentence of death	3767
as provided in section 2929.05 of the Revised Code.	3768

Sec. 2953.07. (A) Upon the hearing of an appeal other than	3769
an appeal from a mayor's court, the appellate court may affirm the	3770
judgment or reverse it, in whole or in part, or modify it, and	3771
order the accused to be discharged or grant a new trial. The	3772
appellate court may remand the accused for the sole purpose of	3773
correcting a sentence imposed contrary to law, provided that, on	3774
an appeal of a sentence imposed upon a person who is convicted of	3775
or pleads guilty to a felony that is brought under section 2953.08	3776
of the Revised Code, division (G) of that section applies to the	3777
court. If the judgment is reversed, the appellant shall recover	3778
from the appellee all court costs incurred to secure the reversal,	3779
including the cost of transcripts. In capital cases, when the	3780
judgment is affirmed and the day fixed for the execution is	3781
passed, the appellate court shall appoint a day for it, and the	3782
clerk of the appellate court shall issue a warrant under the seal	3783
of the appellate court, to the sheriff of the proper county, or	3784
the warden of the appropriate state correctional institution,	3785
commanding the sheriff or warden to carry the sentence into	3786
execution on the day so appointed. The sheriff or warden shall	3787
execute and return the warrant as in other cases, and the clerk	3788
shall record the warrant and return.	3789

(B) As used in this section, "appellate court" means, for a	3790
case in which a sentence of death is imposed for an offense	3791
committed before January 1, 1995, both the court of appeals and	3792
the supreme court, and for a case in which a sentence of death is	3793
imposed for an offense committed on or after January 1, 1995, the	3794
supreme court.	3795

Sec. 2953.08.  (A) In addition to any other right to appeal	3796
and except as provided in division (D) of this section, a	3797
defendant who is convicted of or pleads guilty to a felony may	3798
appeal as a matter of right the sentence imposed upon the	3799
defendant on one of the following grounds:	3800

(1) The sentence consisted of or included the maximum prison	3801
term allowed for the offense by division (A) of section 2929.14 or	3802
section 2929.142 of the Revised Code, the maximum prison term was	3803
not required for the offense pursuant to Chapter 2925. or any	3804
other provision of the Revised Code, and the court imposed the	3805
sentence under one of the following circumstances:	3806

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

3807

(b) The sentence was imposed for two or more offenses arising	3808
out of a single incident, and the court imposed the maximum prison	3809
term for the offense of the highest degree.	3810

(2) The sentence consisted of or included a prison term and	3811
the offense for which it was imposed is a felony of the fourth or	3812
fifth degree or is a felony drug offense that is a violation of a	3813
provision of Chapter 2925. of the Revised Code and that is	3814
specified as being subject to division (B) of section 2929.13 of	3815
the Revised Code for purposes of sentencing. If the court	3816
specifies that it found one or more of the factors in division	3817
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative	3818
to the defendant, the defendant is not entitled under this	3819
division to appeal as a matter of right the sentence imposed upon	3820
the offender.	3821

(3) The person was convicted of or pleaded guilty to a	3822
violent sex offense or a designated homicide, assault, or	3823
kidnapping offense, was adjudicated a sexually violent predator in	3824
relation to that offense, and was sentenced pursuant to division	3825
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	3826
of the indefinite term imposed pursuant to division (A)(3) of	3827
section 2971.03 of the Revised Code is the longest term available	3828
for the offense from among the range of terms listed in section	3829
2929.14 of the Revised Code. As used in this division, "designated	3830
homicide, assault, or kidnapping offense" and "violent sex	3831
offense" have the same meanings as in section 2971.01 of the	3832
Revised Code. As used in this division, "adjudicated a sexually	3833
violent predator" has the same meaning as in section 2929.01 of	3834
the Revised Code, and a person is "adjudicated a sexually violent	3835
predator" in the same manner and the same circumstances as are	3836
described in that section.	3837

(4) The sentence is contrary to law.

3838

(5) The sentence consisted of an additional prison term of	3839
ten years imposed pursuant to division (B)(2)(a) of section	3840
2929.14 of the Revised Code.	3841

(B) In addition to any other right to appeal and except as	3842
provided in division (D) of this section, a prosecuting attorney,	3843
a city director of law, village solicitor, or similar chief legal	3844
officer of a municipal corporation, or the attorney general, if	3845
one of those persons prosecuted the case, may appeal as a matter	3846
of right a sentence imposed upon a defendant who is convicted of	3847
or pleads guilty to a felony or, in the circumstances described in	3848
division (B)(3) of this section the modification of a sentence	3849
imposed upon such a defendant, on any of the following grounds:	3850

(1) The sentence did not include a prison term despite a	3851
presumption favoring a prison term for the offense for which it	3852
was imposed, as set forth in section 2929.13 or Chapter 2925. of	3853
the Revised Code.	3854

(2) The sentence is contrary to law.

3855

(3) The sentence is a modification under section 2929.20 of	3856
the Revised Code of a sentence that was imposed for a felony of	3857
the first or second degree.	3858

(C)(1) In addition to the right to appeal a sentence granted	3859
under division (A) or (B) of this section, a defendant who is	3860
convicted of or pleads guilty to a felony may seek leave to appeal	3861
a sentence imposed upon the defendant on the basis that the	3862
sentencing judge has imposed consecutive sentences under division	3863
(C)(3) of section 2929.14 of the Revised Code and that the	3864
consecutive sentences exceed the maximum prison term allowed by	3865
division (A) of that section for the most serious offense of which	3866
the defendant was convicted. Upon the filing of a motion under	3867
this division, the court of appeals may grant leave to appeal the	3868
sentence if the court determines that the allegation included as	3869
the basis of the motion is true.	3870

(2) A defendant may seek leave to appeal an additional	3871
sentence imposed upon the defendant pursuant to division (B)(2)(a)	3872
or (b) of section 2929.14 of the Revised Code if the additional	3873
sentence is for a definite prison term that is longer than five	3874
years.	3875

(D)(1) A sentence imposed upon a defendant is not subject to	3876
review under this section if the sentence is authorized by law,	3877
has been recommended jointly by the defendant and the prosecution	3878
in the case, and is imposed by a sentencing judge.	3879

(2) Except as provided in division (C)(2) of this section, a	3880
sentence imposed upon a defendant is not subject to review under	3881
this section if the sentence is imposed pursuant to division	3882
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	3883
otherwise provided in this division, a defendant retains all	3884
rights to appeal as provided under this chapter or any other	3885
provision of the Revised Code. A defendant has the right to appeal	3886
under this chapter or any other provision of the Revised Code the	3887
court's application of division (B)(2)(c) of section 2929.14 of	3888
the Revised Code.	3889

(3) A sentence imposed for aggravated murder or murder	3890
pursuant to sectionssection 2929.02 to 2929.06 of the Revised	3891
Code is not subject to review under this section.	3892

(E) A defendant, prosecuting attorney, city director of law,	3893
village solicitor, or chief municipal legal officer shall file an	3894
appeal of a sentence under this section to a court of appeals	3895
within the time limits specified in Rule 4(B) of the Rules of	3896
Appellate Procedure, provided that if the appeal is pursuant to	3897
division (B)(3) of this section, the time limits specified in that	3898
rule shall not commence running until the court grants the motion	3899
that makes the sentence modification in question. A sentence	3900
appeal under this section shall be consolidated with any other	3901
appeal in the case. If no other appeal is filed, the court of	3902
appeals may review only the portions of the trial record that	3903
pertain to sentencing.	3904

(F) On the appeal of a sentence under this section, the	3905
record to be reviewed shall include all of the following, as	3906
applicable:	3907

(1) Any presentence, psychiatric, or other investigative	3908
report that was submitted to the court in writing before the	3909
sentence was imposed. An appellate court that reviews a	3910
presentence investigation report prepared pursuant to section	3911
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	3912
connection with the appeal of a sentence under this section shall	3913
comply with division (D)(3) of section 2951.03 of the Revised Code	3914
when the appellate court is not using the presentence	3915
investigation report, and the appellate court's use of a	3916
presentence investigation report of that nature in connection with	3917
the appeal of a sentence under this section does not affect the	3918
otherwise confidential character of the contents of that report as	3919
described in division (D)(1) of section 2951.03 of the Revised	3920
Code and does not cause that report to become a public record, as	3921
defined in section 149.43 of the Revised Code, following the	3922
appellate court's use of the report.	3923

(2) The trial record in the case in which the sentence was	3924
imposed;	3925

(3) Any oral or written statements made to or by the court at	3926
the sentencing hearing at which the sentence was imposed;	3927

(4) Any written findings that the court was required to make	3928
in connection with the modification of the sentence pursuant to a	3929
judicial release under division (I) of section 2929.20 of the	3930
Revised Code.	3931

(G)(1) If the sentencing court was required to make the	3932
findings required by division (B) or (D) of section 2929.13 or	3933
division (I) of section 2929.20 of the Revised Code, or to state	3934
the findings of the trier of fact required by division (B)(2)(e)	3935
of section 2929.14 of the Revised Code, relative to the imposition	3936
or modification of the sentence, and if the sentencing court	3937
failed to state the required findings on the record, the court	3938
hearing an appeal under division (A), (B), or (C) of this section	3939
shall remand the case to the sentencing court and instruct the	3940
sentencing court to state, on the record, the required findings.	3941

(2) The court hearing an appeal under division (A), (B), or	3942
(C) of this section shall review the record, including the	3943
findings underlying the sentence or modification given by the	3944
sentencing court.	3945

The appellate court may increase, reduce, or otherwise modify	3946
a sentence that is appealed under this section or may vacate the	3947
sentence and remand the matter to the sentencing court for	3948
resentencing. The appellate court's standard for review is not	3949
whether the sentencing court abused its discretion. The appellate	3950
court may take any action authorized by this division if it	3951
clearly and convincingly finds either of the following:	3952

(a) That the record does not support the sentencing court's	3953
findings under division (B) or (D) of section 2929.13, division	3954
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	3955
2929.20 of the Revised Code, whichever, if any, is relevant;	3956

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

3957

(H) A judgment or final order of a court of appeals under	3958
this section may be appealed, by leave of court, to the supreme	3959
court.	3960

Sec. 2953.09.  (A)(1) Upon filing an appeal in the supreme	3961
court, the execution of the sentence or judgment imposed in cases	3962
of felony is suspended.	3963

(2)(a) If a notice of appeal is filed pursuant to the Rules	3964
of Appellate Procedure by a defendant who is convicted in a	3965
municipal or county court or a court of common pleas of a felony	3966
or misdemeanor under the Revised Code or an ordinance of a	3967
municipal corporation, the filing of the notice of appeal does not	3968
suspend execution of the sentence or judgment imposed. However,	3969
consistent with divisions (A)(2)(b), (B), and (C) of this section,	3970
Appellate Rule 8, and Criminal Rule 46, the municipal or county	3971
court, court of common pleas, or court of appeals may suspend	3972
execution of the sentence or judgment imposed during the pendency	3973
of the appeal and shall determine whether that defendant is	3974
entitled to bail and the amount and nature of any bail that is	3975
required. The bail shall at least be conditioned that the	3976
defendant will prosecute the appeal without delay and abide by the	3977
judgment and sentence of the court.	3978

(b)(i) A court of common pleas or court of appeals may	3979
suspend the execution of a sentence of death imposed for an	3980
offense committed before January 1, 1995, only if no date for	3981
execution has been set by the supreme court, good cause is shown	3982
for the suspension, the defendant files a motion requesting the	3983
suspension, and notice has been given to the prosecuting attorney	3984
of the appropriate county.	3985

(ii) A court of common pleas may suspend the execution of a	3986
sentence of death imposed for an offense committed on or after	3987
January 1, 1995, only if no date for execution has been set by the	3988
supreme court, good cause is shown, the defendant files a motion	3989
requesting the suspension, and notice has been given to the	3990
prosecuting attorney of the appropriate county.	3991

(iii) A court of common pleas or court of appeals may suspend	3992
the execution of the sentence or judgment imposed for a felony in	3993
a capital case in which a sentence of death is not imposed only if	3994
no date for execution of the sentence has been set by the supreme	3995
court, good cause is shown for the suspension, the defendant files	3996
a motion requesting the suspension, and only after notice has been	3997
given to the prosecuting attorney of the appropriate county.	3998

(B) Notwithstanding any provision of Criminal Rule 46 to the	3999
contrary, a trial judge of a court of common pleas shall not	4000
release on bail pursuant to division (A)(2)(a) of this section a	4001
defendant who is convicted of a bailable offense if the defendant	4002
is sentenced to imprisonment for life or if that offense is a	4003
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,	4004
2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or	4005
2911.11 of the Revised Code or is felonious sexual penetration in	4006
violation of former section 2907.12 of the Revised Code.	4007

(C) If a trial judge of a court of common pleas is prohibited	4008
by division (B) of this section from releasing on bail pursuant to	4009
division (A)(2)(a) of this section a defendant who is convicted of	4010
a bailable offense and not sentenced to imprisonment for life, the	4011
appropriate court of appeals or two judges of it, upon motion of	4012
the defendant and for good cause shown, may release the defendant	4013
on bail in accordance with division (A)(2) of this section.	4014

Sec. 2953.10.  When an appeal is taken from a court of	4015
appeals to the supreme court, the supreme court has the same power	4016
and authority to suspend the execution of sentence during the	4017
pendency of the appeal and admit the defendant to bail as does the	4018
court of appeals unless another section of the Revised Code or the	4019
Rules of Practice of the Supreme Court specify a distinct bail or	4020
suspension of sentence authority.	4021

When an appeal in a case in which a sentence of death is	4022
imposed for an offense committed on or after January 1, 1995, is	4023
taken directly from the trial court to the supreme court, the	4024
supreme court has the same power and authority to suspend the	4025
execution of the sentence during the pendency of the appeal and	4026
admit the defendant to bail as does the court of appeals for cases	4027
in which a sentence of death is imposed for an offense committed	4028
before January 1, 1995, unless another section of the Revised Code	4029
or the Rules of Practice of the Supreme Court specify a distinct	4030
bail or suspension of sentence authority.	4031

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	4032
a criminal offense or adjudicated a delinquent child and who	4033
claims that there was such a denial or infringement of the	4034
person's rights as to render the judgment void or voidable under	4035
the Ohio Constitution or the Constitution of the United States,	4036
and any person who has been convicted of a criminal offense that	4037
is a felony and who is an offender for whom DNA testing that was	4038
performed under sections 2953.71 to 2953.81 of the Revised Code or	4039
under former section 2953.82 of the Revised Code and analyzed in	4040
the context of and upon consideration of all available admissible	4041
evidence related to the person's case as described in division (D)	4042
of section 2953.74 of the Revised Code provided results that	4043
establish, by clear and convincing evidence, actual innocence of	4044
that felony offense or, if the person was sentenced to death,	4045
establish, by clear and convincing evidence, actual innocence of	4046
the aggravating circumstance or circumstances the person was found	4047
guilty of committing and that is or are the basis of that sentence	4048
of death, may file a petition in the court that imposed sentence,	4049
stating the grounds for relief relied upon, and asking the court	4050
to vacate or set aside the judgment or sentence or to grant other	4051
appropriate relief. The petitioner may file a supporting affidavit	4052
and other documentary evidence in support of the claim for relief.	4053

(b) As used in division (A)(1)(a) of this section, "actual	4054
innocence" means that, had the results of the DNA testing	4055
conducted under sections 2953.71 to 2953.81 of the Revised Code or	4056
under former section 2953.82 of the Revised Code been presented at	4057
trial, and had those results been analyzed in the context of and	4058
upon consideration of all available admissible evidence related to	4059
the person's case as described in division (D) of section 2953.74	4060
of the Revised Code, no reasonable factfinder would have found the	4061
petitioner guilty of the offense of which the petitioner was	4062
convicted, or, if the person was sentenced to death, no reasonable	4063
factfinder would have found the petitioner guilty of the	4064
aggravating circumstance or circumstances the petitioner was found	4065
guilty of committing and that is or are the basis of that sentence	4066
of death.	4067

(c) As used in divisions (A)(1)(a) and (b) of this section,	4068
"former section 2953.82 of the Revised Code" means section 2953.82	4069
of the Revised Code as it existed prior to the effective date of	4070
this amendmentJuly 6, 2010.	4071

(2) Except as otherwise provided in section 2953.23 of the	4072
Revised Code, a petition under division (A)(1) of this section	4073
shall be filed no later than one hundred eighty days after the	4074
date on which the trial transcript is filed in the court of	4075
appeals in the direct appeal of the judgment of conviction or	4076
adjudication or, if the direct appeal involves a sentence of	4077
death, the date on which the trial transcript is filed in the	4078
supreme court. If no appeal is taken, except as otherwise provided	4079
in section 2953.23 of the Revised Code, the petition shall be	4080
filed no later than one hundred eighty days after the expiration	4081
of the time for filing the appeal.	4082

(3) In a petition filed under division (A) of this section, a	4083
person who has been sentenced to death may ask the court to render	4084
void or voidable the judgment with respect to the conviction of	4085
aggravated murder or the specification of an aggravating	4086
circumstance or the sentence of death.	4087

(4) A petitioner shall state in the original or amended	4088
petition filed under division (A) of this section all grounds for	4089
relief claimed by the petitioner. Except as provided in section	4090
2953.23 of the Revised Code, any ground for relief that is not so	4091
stated in the petition is waived.	4092

(5)(4) If the petitioner in a petition filed under division	4093
(A) of this section was convicted of or pleaded guilty to a	4094
felony, the petition may include a claim that the petitioner was	4095
denied the equal protection of the laws in violation of the Ohio	4096
Constitution or the United States Constitution because the	4097
sentence imposed upon the petitioner for the felony was part of a	4098
consistent pattern of disparity in sentencing by the judge who	4099
imposed the sentence, with regard to the petitioner's race,	4100
gender, ethnic background, or religion. If the supreme court	4101
adopts a rule requiring a court of common pleas to maintain	4102
information with regard to an offender's race, gender, ethnic	4103
background, or religion, the supporting evidence for the petition	4104
shall include, but shall not be limited to, a copy of that type of	4105
information relative to the petitioner's sentence and copies of	4106
that type of information relative to sentences that the same judge	4107
imposed upon other persons.	4108

(B) The clerk of the court in which the petition is filed	4109
shall docket the petition and bring it promptly to the attention	4110
of the court. The clerk of the court in which the petition is	4111
filed immediately shall forward a copy of the petition to the	4112
prosecuting attorney of that county.	4113

(C) The court shall consider a petition that is timely filed	4114
under division (A)(2) of this section even if a direct appeal of	4115
the judgment is pending. Before granting a hearing on a petition	4116
filed under division (A) of this section, the court shall	4117
determine whether there are substantive grounds for relief. In	4118
making such a determination, the court shall consider, in addition	4119
to the petition, the supporting affidavits, and the documentary	4120
evidence, all the files and records pertaining to the proceedings	4121
against the petitioner, including, but not limited to, the	4122
indictment, the court's journal entries, the journalized records	4123
of the clerk of the court, and the court reporter's transcript.	4124
The court reporter's transcript, if ordered and certified by the	4125
court, shall be taxed as court costs. If the court dismisses the	4126
petition, it shall make and file findings of fact and conclusions	4127
of law with respect to such dismissal.	4128

(D) Within ten days after the docketing of the petition, or	4129
within any further time that the court may fix for good cause	4130
shown, the prosecuting attorney shall respond by answer or motion.	4131
Within twenty days from the date the issues are raised, either	4132
party may move for summary judgment. The right to summary judgment	4133
shall appear on the face of the record.	4134

(E) Unless the petition and the files and records of the case	4135
show the petitioner is not entitled to relief, the court shall	4136
proceed to a prompt hearing on the issues even if a direct appeal	4137
of the case is pending. If the court notifies the parties that it	4138
has found grounds for granting relief, either party may request an	4139
appellate court in which a direct appeal of the judgment is	4140
pending to remand the pending case to the court.	4141

(F) At any time before the answer or motion is filed, the	4142
petitioner may amend the petition with or without leave or	4143
prejudice to the proceedings. The petitioner may amend the	4144
petition with leave of court at any time thereafter.	4145

(G) If the court does not find grounds for granting relief,	4146
it shall make and file findings of fact and conclusions of law and	4147
shall enter judgment denying relief on the petition. If no direct	4148
appeal of the case is pending and the court finds grounds for	4149
relief or if a pending direct appeal of the case has been remanded	4150
to the court pursuant to a request made pursuant to division (E)	4151
of this section and the court finds grounds for granting relief,	4152
it shall make and file findings of fact and conclusions of law and	4153
shall enter a judgment that vacates and sets aside the judgment in	4154
question, and, in the case of a petitioner who is a prisoner in	4155
custody, shall discharge or resentence the petitioner or grant a	4156
new trial as the court determines appropriate. The court also may	4157
make supplementary orders to the relief granted, concerning such	4158
matters as rearraignment, retrial, custody, and bail. If the trial	4159
court's order granting the petition is reversed on appeal and if	4160
the direct appeal of the case has been remanded from an appellate	4161
court pursuant to a request under division (E) of this section,	4162
the appellate court reversing the order granting the petition	4163
shall notify the appellate court in which the direct appeal of the	4164
case was pending at the time of the remand of the reversal and	4165
remand of the trial court's order. Upon the reversal and remand of	4166
the trial court's order granting the petition, regardless of	4167
whether notice is sent or received, the direct appeal of the case	4168
that was remanded is reinstated.	4169

(H) Upon the filing of a petition pursuant to division (A) of	4170
this section by a person sentenced to death, only the supreme	4171
court may stay execution of the sentence of death.	4172

(I)(1) If a person sentenced to death intends to file a	4173
petition under this section, the court shall appoint counsel to	4174
represent the person upon a finding that the person is indigent	4175
and that the person either accepts the appointment of counsel or	4176
is unable to make a competent decision whether to accept or reject	4177
the appointment of counsel. The court may decline to appoint	4178
counsel for the person only upon a finding, after a hearing if	4179
necessary, that the person rejects the appointment of counsel and	4180
understands the legal consequences of that decision or upon a	4181
finding that the person is not indigent.	4182

(2) The court shall not appoint as counsel under division	4183
(I)(1) of this section an attorney who represented the petitioner	4184
at trial in the case to which the petition relates unless the	4185
person and the attorney expressly request the appointment. The	4186
court shall appoint as counsel under division (I)(1) of this	4187
section only an attorney who is certified under Rule 20 of the	4188
Rules of Superintendence for the Courts of Ohio to represent	4189
indigent defendants charged with or convicted of an offense for	4190
which the death penalty can be or has been imposed. The	4191
ineffectiveness or incompetence of counsel during proceedings	4192
under this section does not constitute grounds for relief in a	4193
proceeding under this section, in an appeal of any action under	4194
this section, or in an application to reopen a direct appeal.	4195

(3) Division (I) of this section does not preclude attorneys	4196
who represent the state of Ohio from invoking the provisions of 28	4197
U.S.C. 154 with respect to capital cases that were pending in	4198
federal habeas corpus proceedings prior to July 1, 1996, insofar	4199
as the petitioners in those cases were represented in proceedings	4200
under this section by one or more counsel appointed by the court	4201
under this section or section 120.06, 120.16, 120.26, or 120.33 of	4202
the Revised Code and those appointed counsel meet the requirements	4203
of division (I)(2) of this section.	4204

(J) Subject to the appeal of a sentence for a felony that is	4205
authorized by section 2953.08 of the Revised Code, the remedy set	4206
forth in this section is the exclusive remedy by which a person	4207
may bring a collateral challenge to the validity of a conviction	4208
or sentence in a criminal case or to the validity of an	4209
adjudication of a child as a delinquent child for the commission	4210
of an act that would be a criminal offense if committed by an	4211
adult or the validity of a related order of disposition.	4212

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	4213
petition filed pursuant to section 2953.21 of the Revised Code, a	4214
court may not entertain a petition filed after the expiration of	4215
the period prescribed in division (A) of that section or a second	4216
petition or successive petitions for similar relief on behalf of a	4217
petitioner unless division (A)(1) or (2) of this section applies:	4218

(1) Both of the following apply:

4219

(a) Either the petitioner shows that the petitioner was	4220
unavoidably prevented from discovery of the facts upon which the	4221
petitioner must rely to present the claim for relief, or,	4222
subsequent to the period prescribed in division (A)(2) of section	4223
2953.21 of the Revised Code or to the filing of an earlier	4224
petition, the United States Supreme Court recognized a new federal	4225
or state right that applies retroactively to persons in the	4226
petitioner's situation, and the petition asserts a claim based on	4227
that right.	4228

(b) The petitioner shows by clear and convincing evidence	4229
that, but for constitutional error at trial, no reasonable	4230
factfinder would have found the petitioner guilty of the offense	4231
of which the petitioner was convicted or, if the claim challenges	4232
a sentence of death that, but for constitutional error at the	4233
sentencing hearing, no reasonable factfinder would have found the	4234
petitioner eligible for the death sentence.	4235

(2) The petitioner was convicted of a felony, the petitioner	4236
is an offender for whom DNA testing was performed under sections	4237
2953.71 to 2953.81 of the Revised Code or under former section	4238
2953.82 of the Revised Code and analyzed in the context of and	4239
upon consideration of all available admissible evidence related to	4240
the inmate's case as described in division (D) of section 2953.74	4241
of the Revised Code, and the results of the DNA testing establish,	4242
by clear and convincing evidence, actual innocence of that felony	4243
offense or, if the person was sentenced to death, establish, by	4244
clear and convincing evidence, actual innocence of the aggravating	4245
circumstance or circumstances the person was found guilty of	4246
committing and that is or are the basis of that sentence of death.	4247

As used in this division, "actual innocence" has the same	4248
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	4249
Code, and "former section 2953.82 of the Revised Code" has the	4250
same meaning as in division (A)(1)(c) of section 2953.21 of the	4251
Revised Code.	4252

(B) An order awarding or denying relief sought in a petition	4253
filed pursuant to section 2953.21 of the Revised Code is a final	4254
judgment and may be appealed pursuant to Chapter 2953. of the	4255
Revised Code.	4256

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	4257
Revised Code:	4258

(A) "Application" or "application for DNA testing" means a	4259
request through postconviction relief for the state to do DNA	4260
testing on biological material from the case in which the offender	4261
was convicted of the offense for which the offender is an eligible	4262
offender and is requesting the DNA testing under sections 2953.71	4263
to 2953.81 of the Revised Code.	4264

(B) "Biological material" means any product of a human body	4265
containing DNA.	4266

(C) "Chain of custody" means a record or other evidence that	4267
tracks a subject sample of biological material from the time the	4268
biological material was first obtained until the time it currently	4269
exists in its place of storage and, in relation to a DNA sample, a	4270
record or other evidence that tracks the DNA sample from the time	4271
it was first obtained until it currently exists in its place of	4272
storage. For purposes of this division, examples of when	4273
biological material or a DNA sample is first obtained include, but	4274
are not limited to, obtaining the material or sample at the scene	4275
of a crime, from a victim, from an offender, or in any other	4276
manner or time as is appropriate in the facts and circumstances	4277
present.	4278

(D) "Custodial agency" means the group or entity that has the	4279
responsibility to maintain biological material in question.	4280

(E) "Custodian" means the person who is the primary	4281
representative of a custodial agency.	4282

(F) "Eligible offender" means an offender who is eligible	4283
under division (C) of section 2953.72 of the Revised Code to	4284
request DNA testing to be conducted under sections 2953.71 to	4285
2953.81 of the Revised Code.	4286

(G) "Exclusion" or "exclusion result" means a result of DNA	4287
testing that scientifically precludes or forecloses the subject	4288
offender as a contributor of biological material recovered from	4289
the crime scene or victim in question, in relation to the offense	4290
for which the offender is an eligible offender and for which the	4291
sentence of death or prison term was imposed upon the offender.	4292

(H) "Extracting personnel" means medically approved personnel	4293
who are employed to physically obtain an offender's DNA specimen	4294
for purposes of DNA testing under sections 2953.71 to 2953.81 of	4295
the Revised Code.	4296

(I) "Inclusion" or "inclusion result" means a result of DNA	4297
testing that scientifically cannot exclude, or that holds	4298
accountable, the subject offender as a contributor of biological	4299
material recovered from the crime scene or victim in question, in	4300
relation to the offense for which the offender is an eligible	4301
offender and for which the sentence of death or prison term was	4302
imposed upon the offender.	4303

(J) "Inconclusive" or "inconclusive result" means a result of	4304
DNA testing that is rendered when a scientifically appropriate and	4305
definitive DNA analysis or result, or both, cannot be determined.	4306

(K) "Offender" means a criminal offender who was sentenced by	4307
a court, or by a jury and a court, of this state.	4308

(L) "Outcome determinative" means that had the results of DNA	4309
testing of the subject offender been presented at the trial of the	4310
subject offender requesting DNA testing and been found relevant	4311
and admissible with respect to the felony offense for which the	4312
offender is an eligible offender and is requesting the DNA	4313
testing, and had those results been analyzed in the context of and	4314
upon consideration of all available admissible evidence related to	4315
the offender's case as described in division (D) of section	4316
2953.74 of the Revised Code, there is a strong probability that no	4317
reasonable factfinder would have found the offender guilty of that	4318
offense or, if the offender was sentenced to death relative to	4319
that offense, would have found the offender guilty of the	4320
aggravating circumstance or circumstances the offender was found	4321
guilty of committing and that is or are the basis of that sentence	4322
of death.	4323

(M) "Parent sample" means the biological material first	4324
obtained from a crime scene or a victim of an offense for which an	4325
offender is an eligible offender, and from which a sample will be	4326
presently taken to do a DNA comparison to the DNA of the subject	4327
offender under sections 2953.71 to 2953.81 of the Revised Code.	4328

(N) "Prison" and "community control sanction" have the same	4329
meanings as in section 2929.01 of the Revised Code.	4330

(O) "Prosecuting attorney" means the prosecuting attorney	4331
who, or whose office, prosecuted the case in which the subject	4332
offender was convicted of the offense for which the offender is an	4333
eligible offender and is requesting the DNA testing.	4334

(P) "Prosecuting authority" means the prosecuting attorney or	4335
the attorney general.	4336

(Q) "Reasonable diligence" means a degree of diligence that	4337
is comparable to the diligence a reasonable person would employ in	4338
searching for information regarding an important matter in the	4339
person's own life.	4340

(R) "Testing authority" means a laboratory at which DNA	4341
testing will be conducted under sections 2953.71 to 2953.81 of the	4342
Revised Code.	4343

(S) "Parole" and "post-release control" have the same	4344
meanings as in section 2967.01 of the Revised Code.	4345

(T) "Sexually oriented offense" and "child-victim oriented	4346
offense" have the same meanings as in section 2950.01 of the	4347
Revised Code.	4348

(U) "Definitive DNA test" means a DNA test that clearly	4349
establishes that biological material from the perpetrator of the	4350
crime was recovered from the crime scene and also clearly	4351
establishes whether or not the biological material is that of the	4352
eligible offender. A prior DNA test is not definitive if the	4353
eligible offender proves by a preponderance of the evidence that	4354
because of advances in DNA technology there is a possibility of	4355
discovering new biological material from the perpetrator that the	4356
prior DNA test may have failed to discover. Prior testing may have	4357
been a prior "definitive DNA test" as to some biological evidence	4358
but may not have been a prior "definitive DNA test" as to other	4359
biological evidence.	4360

Sec. 2953.72. (A) Any eligible offender who wishes to request	4361
DNA testing under sections 2953.71 to 2953.81 of the Revised Code	4362
shall submit an application for the testing to the court of common	4363
pleas specified in section 2953.73 of the Revised Code, on a form	4364
prescribed by the attorney general for this purpose. The eligible	4365
offender shall submit the application in accordance with the	4366
procedures set forth in section 2953.73 of the Revised Code. The	4367
eligible offender shall specify on the application the offense or	4368
offenses for which the offender is an eligible offender and is	4369
requesting the DNA testing. Along with the application, the	4370
eligible offender shall submit an acknowledgment that is on a form	4371
prescribed by the attorney general for this purpose and that is	4372
signed by the offender. The acknowledgment shall set forth all of	4373
the following:	4374

(1) That sections 2953.71 to 2953.81 of the Revised Code	4375
contemplate applications for DNA testing of an eligible offender	4376
at a stage of a prosecution or case after the offender has been	4377
sentenced, that any exclusion or inclusion result of DNA testing	4378
rendered pursuant to those sections may be used by a party in any	4379
proceeding as described in section 2953.81 of the Revised Code,	4380
and that all requests for any DNA testing made at trial will	4381
continue to be handled by the prosecuting attorney in the case;	4382

(2) That the process of conducting postconviction DNA testing	4383
for an eligible offender under sections 2953.71 to 2953.81 of the	4384
Revised Code begins when the offender submits an application under	4385
section 2953.73 of the Revised Code and the acknowledgment	4386
described in this section;	4387

(3) That the eligible offender must submit the application	4388
and acknowledgment to the court of common pleas that heard the	4389
case in which the offender was convicted of the offense for which	4390
the offender is an eligible offender and is requesting the DNA	4391
testing;	4392

(4) That the state has established a set of criteria set	4393
forth in section 2953.74 of the Revised Code by which eligible	4394
offender applications for DNA testing will be screened and that a	4395
judge of a court of common pleas upon receipt of a properly filed	4396
application and accompanying acknowledgment will apply those	4397
criteria to determine whether to accept or reject the application;	4398

(5) That the results of DNA testing conducted under sections	4399
2953.71 to 2953.81 of the Revised Code will be provided as	4400
described in section 2953.81 of the Revised Code to all parties in	4401
the postconviction proceedings and will be reported to various	4402
courts;	4403

(6) That, if DNA testing is conducted with respect to an	4404
offender under sections 2953.71 to 2953.81 of the Revised Code,	4405
the state will not offer the offender a retest if an inclusion	4406
result is achieved relative to the testing and that, if the state	4407
were to offer a retest after an inclusion result, the policy would	4408
create an atmosphere in which endless testing could occur and in	4409
which postconviction proceedings could be stalled for many years;	4410

(7) That, if the court rejects an eligible offender's	4411
application for DNA testing because the offender does not satisfy	4412
the acceptance criteria described in division (A)(4) of this	4413
section, the court will not accept or consider subsequent	4414
applications;	4415

(8) That the acknowledgment memorializes the provisions of	4416
sections 2953.71 to 2953.81 of the Revised Code with respect to	4417
the application of postconviction DNA testing to offenders, that	4418
those provisions do not give any offender any additional	4419
constitutional right that the offender did not already have, that	4420
the court has no duty or obligation to provide postconviction DNA	4421
testing to offenders, that the court of common pleas has the sole	4422
discretion subject to an appeal as described in this division to	4423
determine whether an offender is an eligible offender and whether	4424
an eligible offender's application for DNA testing satisfies the	4425
acceptance criteria described in division (A)(4) of this section	4426
and whether the application should be accepted or rejected, that	4427
if the court of common pleas rejects an eligible offender's	4428
application, the offender may seek leave of the supreme court to	4429
appeal the rejection to that court if the offender was sentenced	4430
to death for the offense for which the offender is requesting the	4431
DNA testing and, if the offender was not sentenced to death for	4432
that offense, may appeal the rejection to the court of appeals,	4433
and that no determination otherwise made by the court of common	4434
pleas in the exercise of its discretion regarding the eligibility	4435
of an offender or regarding postconviction DNA testing under those	4436
provisions is reviewable by or appealable to any court;	4437

(9) That the manner in which sections 2953.71 to 2953.81 of	4438
the Revised Code with respect to the offering of postconviction	4439
DNA testing to offenders are carried out does not confer any	4440
constitutional right upon any offender, that the state has	4441
established guidelines and procedures relative to those provisions	4442
to ensure that they are carried out with both justice and	4443
efficiency in mind, and that an offender who participates in any	4444
phase of the mechanism contained in those provisions, including,	4445
but not limited to, applying for DNA testing and being rejected,	4446
having an application for DNA testing accepted and not receiving	4447
the test, or having DNA testing conducted and receiving	4448
unfavorable results, does not gain as a result of the	4449
participation any constitutional right to challenge, or, except as	4450
provided in division (A)(8) of this section, any right to any	4451
review or appeal of, the manner in which those provisions are	4452
carried out;	4453

(10) That the most basic aspect of sections 2953.71 to	4454
2953.81 of the Revised Code is that, in order for DNA testing to	4455
occur, there must be an offender sample against which other	4456
evidence may be compared, that, if an eligible offender's	4457
application is accepted but the offender subsequently refuses to	4458
submit to the collection of the sample of biological material from	4459
the offender or hinders the state from obtaining a sample of	4460
biological material from the offender, the goal of those	4461
provisions will be frustrated, and that an offender's refusal or	4462
hindrance shall cause the court to rescind its prior acceptance of	4463
the application for DNA testing for the offender and deny the	4464
application.	4465

(B) The attorney general shall prescribe a form to be used to	4466
make an application for DNA testing under division (A) of this	4467
section and section 2953.73 of the Revised Code and a form to be	4468
used to provide the acknowledgment described in division (A) of	4469
this section. The forms shall include all information described in	4470
division (A) of this section, spaces for an offender to insert all	4471
information necessary to complete the forms, including, but not	4472
limited to, specifying the offense or offenses for which the	4473
offender is an eligible offender and is requesting the DNA	4474
testing, and any other information or material the attorney	4475
general determines is necessary or relevant. The attorney general	4476
shall distribute copies of the prescribed forms to the department	4477
of rehabilitation and correction, the department shall ensure that	4478
each prison in which offenders are housed has a supply of copies	4479
of the forms, and the department shall ensure that copies of the	4480
forms are provided free of charge to any offender who requests	4481
them.	4482

(C)(1) An offender is eligible to request DNA testing to be	4483
conducted under sections 2953.71 to 2953.81 of the Revised Code	4484
only if all of the following apply:	4485

(a) The offense for which the offender claims to be an	4486
eligible offender is a felony, and the offender was convicted by a	4487
judge or jury of that offense.	4488

(b) One of the following applies:

4489

(i) The offender was sentenced to a prison term or sentence	4490
of death for the felony described in division (C)(1)(a) of this	4491
section, and the offender is in prison serving that prison term or	4492
under that sentence of death, has been paroled or is on probation	4493
regarding that felony, is under post-release control regarding	4494
that felony, or has been released from that prison term and is	4495
under a community control sanction regarding that felony.	4496

(ii) The offender was not sentenced to a prison term or	4497
sentence of death for the felony described in division (C)(1)(a)	4498
of this section, but was sentenced to a community control sanction	4499
for that felony and is under that community control sanction.	4500

(iii) The felony described in division (C)(1)(a) of this	4501
section was a sexually oriented offense or child-victim oriented	4502
offense, and the offender has a duty to comply with sections	4503
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	4504
relative to that felony.	4505

(2) An offender is not an eligible offender under division	4506
(C)(1) of this section regarding any offense to which the offender	4507
pleaded guilty or no contest.	4508

(3) An offender is not an eligible offender under division	4509
(C)(1) of this section regarding any offense if the offender dies	4510
prior to submitting an application for DNA testing related to that	4511
offense under section 2953.73 of the Revised Code.	4512

Sec. 2953.81. If an eligible offender submits an application	4513
for DNA testing under section 2953.73 of the Revised Code and if	4514
DNA testing is performed based on that application, upon	4515
completion of the testing, all of the following apply:	4516

(A) The court or a designee of the court shall require the	4517
state to maintain the results of the testing and to maintain and	4518
preserve both the parent sample of the biological material used	4519
and the offender sample of the biological material used. The	4520
testing authority may be designated as the person to maintain the	4521
results of the testing or to maintain and preserve some or all of	4522
the samples, or both. The results of the testing remain state's	4523
evidence. The samples shall be preserved during the entire period	4524
of time for which the offender is imprisoned or confined relative	4525
to the sentence in question, is on parole or probation relative to	4526
that sentence, is under post-release control or a community	4527
control sanction relative to that sentence, or has a duty to	4528
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	4529
the Revised Code relative to that sentence. Additionally, if the	4530
prison term or confinement under the sentence in question expires,	4531
if the sentence in question is a sentence of death and the	4532
offender is executed, or if the parole or probation period, the	4533
period of post-release control, the community control sanction, or	4534
the duty to comply with sections 2950.04, 2950.041, 2950.05, and	4535
2950.06 of the Revised Code under the sentence in question ends,	4536
the samples shall be preserved for a reasonable period of time of	4537
not less than twenty-four months after the term or confinement	4538
expires, the offender is executed, or the parole or probation	4539
period, the period of post-release control, the community control	4540
sanction, or the duty to comply with sections 2950.04, 2950.041,	4541
2950.05, and 2950.06 of the Revised Code ends, whichever is	4542
applicable. The court shall determine the period of time that is	4543
reasonable for purposes of this division, provided that the period	4544
shall not be less than twenty-four months after the term or	4545
confinement expires, the offender is executed, or the parole or	4546
probation period, the period of post-release control, the	4547
community control sanction, or the duty to comply with sections	4548
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends,	4549
whichever is applicable.	4550

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

4551

(C) The court or the testing authority shall provide a copy	4552
of the results of the testing to the prosecuting attorney, the	4553
attorney general, and the subject offender.	4554

(D) If the postconviction proceeding in question is pending	4555
at that time in a court of this state, the court of common pleas	4556
that decided the DNA application or the testing authority shall	4557
provide a copy of the results of the testing to any court of this	4558
state, and, if it is pending in a federal court, the court of	4559
common pleas that decided the DNA application or the testing	4560
authority shall provide a copy of the results of the testing to	4561
that federal court.	4562

(E) The testing authority shall provide a copy of the results	4563
of the testing to the court of common pleas that decided the DNA	4564
application.	4565

(F) The offender or the state may enter the results of the	4566
testing into any proceeding.	4567

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

4568

(1) "Imminent danger of death" means that the inmate has a	4569
medically diagnosable condition that will cause death to occur	4570
within a short period of time.	4571

As used in division (A)(1) of this section, "within a short	4572
period of time" means generally within six months.	4573

(2)(a) "Medically incapacitated" means any diagnosable	4574
medical condition, including mental dementia and severe, permanent	4575
medical or cognitive disability, that prevents the inmate from	4576
completing activities of daily living without significant	4577
assistance, that incapacitates the inmate to the extent that	4578
institutional confinement does not offer additional restrictions,	4579
that is likely to continue throughout the entire period of parole,	4580
and that is unlikely to improve noticeably.	4581

(b) "Medically incapacitated" does not include conditions	4582
related solely to mental illness unless the mental illness is	4583
accompanied by injury, disease, or organic defect.	4584

(3)(a) "Terminal illness" means a condition that satisfies	4585
all of the following criteria:	4586

(i) The condition is irreversible and incurable and is caused	4587
by disease, illness, or injury from which the inmate is unlikely	4588
to recover.	4589

(ii) In accordance with reasonable medical standards and a	4590
reasonable degree of medical certainty, the condition is likely to	4591
cause death to the inmate within twelve months.	4592

(iii) Institutional confinement of the inmate does not offer	4593
additional protections for public safety or against the inmate's	4594
risk to reoffend.	4595

(b) The department of rehabilitation and correction shall	4596
adopt rules pursuant to Chapter 119. of the Revised Code to	4597
implement the definition of "terminal illness" in division	4598
(A)(3)(a) of this section.	4599

(B) Upon the recommendation of the director of rehabilitation	4600
and correction, accompanied by a certificate of the attending	4601
physician that an inmate is terminally ill, medically	4602
incapacitated, or in imminent danger of death, the governor may	4603
order the inmate's release as if on parole, reserving the right to	4604
return the inmate to the institution pursuant to this section. If,	4605
subsequent to the inmate's release, the inmate's health improves	4606
so that the inmate is no longer terminally ill, medically	4607
incapacitated, or in imminent danger of death, the inmate shall be	4608
returned, by order of the governor, to the institution from which	4609
the inmate was released. If the inmate violates any rules or	4610
conditions applicable to the inmate, the inmate may be returned to	4611
an institution under the control of the department of	4612
rehabilitation and correction. The governor may direct the adult	4613
parole authority to investigate or cause to be investigated the	4614
inmate and make a recommendation in the manner set forth in	4615
section 2967.03 of the Revised Code. An inmate released under this	4616
section shall be subject to supervision by the adult parole	4617
authority in accordance with any recommendation of the adult	4618
parole authority that is approved by the governor. The adult	4619
parole authority shall adopt rules pursuant to section 119.03 of	4620
the Revised Code to establish the procedure for medical release of	4621
an inmate when an inmate is terminally ill, medically	4622
incapacitated, or in imminent danger of death.	4623

(C) No inmate is eligible for release under this section if	4624
the inmate is serving a death sentence, a sentence of life without	4625
parole, a sentence under Chapter 2971. of the Revised Code for a	4626
felony of the first or second degree, a sentence for aggravated	4627
murder or murder, or a mandatory prison term for an offense of	4628
violence or any specification described in Chapter 2941. of the	4629
Revised Code.	4630

Sec. 2967.13.  (A) Except as provided in division (G) of this	4631
section, a prisoner serving a sentence of imprisonment for life	4632
for an offense committed on or after July 1, 1996, is not entitled	4633
to any earned credit under section 2967.193 of the Revised Code	4634
and becomes eligible for parole as follows:	4635

(1) If a sentence of imprisonment for life was imposed for	4636
the offense of murder, at the expiration of the prisoner's minimum	4637
term;	4638

(2) If a sentence of imprisonment for life with parole	4639
eligibility after serving twenty years of imprisonment was imposed	4640
pursuant to section 2929.02 or former section 2929.022 or 2929.03	4641
of the Revised Code, after serving a term of twenty years;	4642

(3) If a sentence of imprisonment for life with parole	4643
eligibility after serving twenty-five full years of imprisonment	4644
was imposed pursuant to section 2929.02 or former section	4645
2929.022 or 2929.03 of the Revised Code, after serving a term of	4646
twenty-five full years;	4647

(4) If a sentence of imprisonment for life with parole	4648
eligibility after serving thirty full years of imprisonment was	4649
imposed pursuant to section 2929.02 or former section 2929.022 or	4650
2929.03 of the Revised Code, after serving a term of thirty full	4651
years;	4652

(5) If a sentence of imprisonment for life was imposed for	4653
rape, after serving a term of ten full years' imprisonment;	4654

(6) If a sentence of imprisonment for life with parole	4655
eligibility after serving fifteen years of imprisonment was	4656
imposed for a violation of section 2927.24 of the Revised Code,	4657
after serving a term of fifteen years.	4658

(B) Except as provided in division (G) of this section, a	4659
prisoner serving a sentence of imprisonment for life with parole	4660
eligibility after serving twenty years of imprisonment or a	4661
sentence of imprisonment for life with parole eligibility after	4662
serving twenty-five full years or thirty full years of	4663
imprisonment imposed pursuant to section 2929.02 or former section	4664
2929.022 or 2929.03 of the Revised Code for an offense committed	4665
on or after July 1, 1996, consecutively to any other term of	4666
imprisonment, becomes eligible for parole after serving twenty	4667
years, twenty full years, or thirty full years, as applicable, as	4668
to each such sentence of life imprisonment, which shall not be	4669
reduced for earned credits under section 2967.193 of the Revised	4670
Code, plus the term or terms of the other sentences consecutively	4671
imposed or, if one of the other sentences is another type of life	4672
sentence with parole eligibility, the number of years before	4673
parole eligibility for that sentence.	4674

(C) Except as provided in division (G) of this section, a	4675
prisoner serving consecutively two or more sentences in which an	4676
indefinite term of imprisonment is imposed becomes eligible for	4677
parole upon the expiration of the aggregate of the minimum terms	4678
of the sentences.	4679

(D) Except as provided in division (G) of this section, a	4680
prisoner serving a term of imprisonment who is described in	4681
division (A) of section 2967.021 of the Revised Code becomes	4682
eligible for parole as described in that division or, if the	4683
prisoner is serving a definite term of imprisonment, shall be	4684
released as described in that division.	4685

(E) A prisoner serving a sentence of life imprisonment	4686
without parole imposed pursuant to section 2907.02 or 2929.02 or	4687
former section 2929.03 or 2929.06 of the Revised Code is not	4688
eligible for parole and shall be imprisoned until death.	4689

(F) A prisoner serving a stated prison term shall be released	4690
in accordance with section 2967.28 of the Revised Code.	4691

(G) A prisoner serving a prison term or term of life	4692
imprisonment without parole imposed pursuant to section 2971.03 of	4693
the Revised Code never becomes eligible for parole during that	4694
term of imprisonment.	4695

Sec. 2967.193.  (A)(1) Except as provided in division (C) of	4696
this section and subject to the maximum aggregate total specified	4697
in division (A)(2) of this section, a person confined in a state	4698
correctional institution may provisionally earn one day or five	4699
days of credit, based on the category set forth in division	4700
(D)(1), (2), (3), (4), or (5) of this section in which the person	4701
is included, toward satisfaction of the person's stated prison	4702
term for each completed month during which the person productively	4703
participates in an education program, vocational training,	4704
employment in prison industries, treatment for substance abuse, or	4705
any other constructive program developed by the department with	4706
specific standards for performance by prisoners. Except as	4707
provided in division (C) of this section and subject to the	4708
maximum aggregate total specified in division (A)(2) of this	4709
section, a person so confined who successfully completes two	4710
programs or activities of that type may, in addition,	4711
provisionally earn up to five days of credit toward satisfaction	4712
of the person's stated prison term for the successful completion	4713
of the second program or activity. The person shall not be awarded	4714
any provisional days of credit for the successful completion of	4715
the first program or activity or for the successful completion of	4716
any program or activity that is completed after the second program	4717
or activity. At the end of each calendar month in which a prisoner	4718
productively participates in a program or activity listed in this	4719
division or successfully completes a program or activity listed in	4720
this division, the department of rehabilitation and correction	4721
shall determine and record the total number of days credit that	4722
the prisoner provisionally earned in that calendar month. If the	4723
prisoner violates prison rules, the department may deny the	4724
prisoner a credit that otherwise could have been provisionally	4725
awarded to the prisoner or may withdraw one or more credits	4726
previously provisionally earned by the prisoner. Days of credit	4727
provisionally earned by a prisoner shall be finalized and awarded	4728
by the department subject to administrative review by the	4729
department of the prisoner's conduct.	4730

(2) The aggregate days of credit provisionally earned by a	4731
person for program or activity participation and program and	4732
activity completion under this section and the aggregate days of	4733
credit finally credited to a person under this section shall not	4734
exceed eight per cent of the total number of days in the person's	4735
stated prison term.	4736

(B) The department of rehabilitation and correction shall	4737
adopt rules that specify the programs or activities for which	4738
credit may be earned under this section, the criteria for	4739
determining productive participation in, or completion of, the	4740
programs or activities and the criteria for awarding credit,	4741
including criteria for awarding additional credit for successful	4742
program or activity completion, and the criteria for denying or	4743
withdrawing previously provisionally earned credit as a result of	4744
a violation of prison rules.	4745

(C) No person confined in a state correctional institution to	4746
whom any of the following applies shall be awarded any days of	4747
credit under division (A) of this section:	4748

(1) The person is serving a prison term that section 2929.13	4749
or section 2929.14 of the Revised Code specifies cannot be reduced	4750
pursuant to this section or this chapter or is serving a sentence	4751
for which section 2967.13 or division (B) of section 2929.143 of	4752
the Revised Code specifies that the person is not entitled to any	4753
earned credit under this section.	4754

(2) The person is sentenced to death or is serving a prison	4755
term or a term of life imprisonment for aggravated murder, murder,	4756
or a conspiracy or attempt to commit, or complicity in committing,	4757
aggravated murder or murder.	4758

(3) The person is serving a sentence of life imprisonment	4759
without parole imposed pursuant to section 2929.02 or former	4760
section 2929.03 or 2929.06 of the Revised Code, a prison term or a	4761
term of life imprisonment without parole imposed pursuant to	4762
section 2971.03 of the Revised Code, or a sentence for a sexually	4763
oriented offense that was committed on or after September 30,	4764
2011.	4765

(D) This division does not apply to a determination of	4766
whether a person confined in a state correctional institution may	4767
earn any days of credit under division (A) of this section for	4768
successful completion of a second program or activity. The	4769
determination of whether a person confined in a state correctional	4770
institution may earn one day of credit or five days of credit	4771
under division (A) of this section for each completed month during	4772
which the person productively participates in a program or	4773
activity specified under that division shall be made in accordance	4774
with the following:	4775

(1) The offender may earn one day of credit under division	4776
(A) of this section, except as provided in division (C) of this	4777
section, if the most serious offense for which the offender is	4778
confined is any of the following that is a felony of the first or	4779
second degree:	4780

(a) A violation of division (A) of section 2903.04 or of	4781
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	4782
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	4783
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	4784
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	4785
of the Revised Code;	4786

(b) A conspiracy or attempt to commit, or complicity in	4787
committing, any other offense for which the maximum penalty is	4788
imprisonment for life or any offense listed in division (D)(1)(a)	4789
of this section.	4790

(2) The offender may earn one day of credit under division	4791
(A) of this section, except as provided in division (C) of this	4792
section, if the offender is serving a stated prison term that	4793
includes a prison term imposed for a sexually oriented offense	4794
that the offender committed prior to September 30, 2011.	4795

(3) The offender may earn one day of credit under division	4796
(A) of this section, except as provided in division (C) of this	4797
section, if the offender is serving a stated prison term that	4798
includes a prison term imposed for a felony other than carrying a	4799
concealed weapon an essential element of which is any conduct or	4800
failure to act expressly involving any deadly weapon or dangerous	4801
ordnance.	4802

(4) Except as provided in division (C) of this section, if	4803
the most serious offense for which the offender is confined is a	4804
felony of the first or second degree and divisions (D)(1), (2),	4805
and (3) of this section do not apply to the offender, the offender	4806
may earn one day of credit under division (A) of this section if	4807
the offender committed that offense prior to September 30, 2011,	4808
and the offender may earn five days of credit under division (A)	4809
of this section if the offender committed that offense on or after	4810
September 30, 2011.	4811

(5) Except as provided in division (C) of this section, if	4812
the most serious offense for which the offender is confined is a	4813
felony of the third, fourth, or fifth degree or an unclassified	4814
felony and neither division (D)(2) nor (3) of this section applies	4815
to the offender, the offender may earn one day of credit under	4816
division (A) of this section if the offender committed that	4817
offense prior to September 30, 2011, and the offender may earn	4818
five days of credit under division (A) of this section if the	4819
offender committed that offense on or after September 30, 2011.	4820

(E) The department annually shall seek and consider the	4821
written feedback of the Ohio prosecuting attorneys association,	4822
the Ohio judicial conference, the Ohio public defender, the Ohio	4823
association of criminal defense lawyers, and other organizations	4824
and associations that have an interest in the operation of the	4825
corrections system and the earned credits program under this	4826
section as part of its evaluation of the program and in	4827
determining whether to modify the program.	4828

(F) As used in this section, "sexually oriented offense" has	4829
the same meaning as in section 2950.01 of the Revised Code.	4830

Sec. 2971.03.  (A) Notwithstanding divisions (A) and (D) of	4831
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	4832
another section of the Revised Code, other than divisions (B) and	4833
(C) of section 2929.14 of the Revised Code, that authorizes or	4834
requires a specified prison term or a mandatory prison term for a	4835
person who is convicted of or pleads guilty to a felony or that	4836
specifies the manner and place of service of a prison term or term	4837
of imprisonment, the court shall impose a sentence upon a person	4838
who is convicted of or pleads guilty to a violent sex offense and	4839
who also is convicted of or pleads guilty to a sexually violent	4840
predator specification that was included in the indictment, count	4841
in the indictment, or information charging that offense, and upon	4842
a person who is convicted of or pleads guilty to a designated	4843
homicide, assault, or kidnapping offense and also is convicted of	4844
or pleads guilty to both a sexual motivation specification and a	4845
sexually violent predator specification that were included in the	4846
indictment, count in the indictment, or information charging that	4847
offense, as follows:	4848

(1) If the offense for which the sentence is being imposed is	4849
aggravated murder and if the court does not impose upon the	4850
offender a sentence of death, it shall impose upon the offender a	4851
term of life imprisonment without parole. If the court sentences	4852
the offender to death and the sentence of death is vacated,	4853
overturned, or otherwise set aside, the court shall impose upon	4854
the offender a term of life imprisonment without parole.	4855

(2) If the offense for which the sentence is being imposed is	4856
murder; or if the offense is rape committed in violation of	4857
division (A)(1)(b) of section 2907.02 of the Revised Code when the	4858
offender purposely compelled the victim to submit by force or	4859
threat of force, when the victim was less than ten years of age,	4860
when the offender previously has been convicted of or pleaded	4861
guilty to either rape committed in violation of that division or a	4862
violation of an existing or former law of this state, another	4863
state, or the United States that is substantially similar to	4864
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	4865
the offender during or immediately after the commission of the	4866
rape caused serious physical harm to the victim; or if the offense	4867
is an offense other than aggravated murder or murder for which a	4868
term of life imprisonment may be imposed, it shall impose upon the	4869
offender a term of life imprisonment without parole.	4870

(3)(a) Except as otherwise provided in division (A)(3)(b),	4871
(c), (d), or (e) or (A)(4) of this section, if the offense for	4872
which the sentence is being imposed is an offense other than	4873
aggravated murder, murder, or rape and other than an offense for	4874
which a term of life imprisonment may be imposed, it shall impose	4875
an indefinite prison term consisting of a minimum term fixed by	4876
the court from among the range of terms available as a definite	4877
term for the offense, but not less than two years, and a maximum	4878
term of life imprisonment.	4879

(b) Except as otherwise provided in division (A)(4) of this	4880
section, if the offense for which the sentence is being imposed is	4881
kidnapping that is a felony of the first degree, it shall impose	4882
an indefinite prison term as follows:	4883

(i) If the kidnapping is committed on or after January 1,	4884
2008, and the victim of the offense is less than thirteen years of	4885
age, except as otherwise provided in this division, it shall	4886
impose an indefinite prison term consisting of a minimum term of	4887
fifteen years and a maximum term of life imprisonment. If the	4888
kidnapping is committed on or after January 1, 2008, the victim of	4889
the offense is less than thirteen years of age, and the offender	4890
released the victim in a safe place unharmed, it shall impose an	4891
indefinite prison term consisting of a minimum term of ten years	4892
and a maximum term of life imprisonment.	4893

(ii) If the kidnapping is committed prior to January 1, 2008,	4894
or division (A)(3)(b)(i) of this section does not apply, it shall	4895
impose an indefinite term consisting of a minimum term fixed by	4896
the court that is not less than ten years and a maximum term of	4897
life imprisonment.	4898

(c) Except as otherwise provided in division (A)(4) of this	4899
section, if the offense for which the sentence is being imposed is	4900
kidnapping that is a felony of the second degree, it shall impose	4901
an indefinite prison term consisting of a minimum term fixed by	4902
the court that is not less than eight years, and a maximum term of	4903
life imprisonment.	4904

(d) Except as otherwise provided in division (A)(4) of this	4905
section, if the offense for which the sentence is being imposed is	4906
rape for which a term of life imprisonment is not imposed under	4907
division (A)(2) of this section or division (B) of section 2907.02	4908
of the Revised Code, it shall impose an indefinite prison term as	4909
follows:	4910

(i) If the rape is committed on or after January 2, 2007, in	4911
violation of division (A)(1)(b) of section 2907.02 of the Revised	4912
Code, it shall impose an indefinite prison term consisting of a	4913
minimum term of twenty-five years and a maximum term of life	4914
imprisonment.	4915

(ii) If the rape is committed prior to January 2, 2007, or	4916
the rape is committed on or after January 2, 2007, other than in	4917
violation of division (A)(1)(b) of section 2907.02 of the Revised	4918
Code, it shall impose an indefinite prison term consisting of a	4919
minimum term fixed by the court that is not less than ten years,	4920
and a maximum term of life imprisonment.	4921

(e) Except as otherwise provided in division (A)(4) of this	4922
section, if the offense for which sentence is being imposed is	4923
attempted rape, it shall impose an indefinite prison term as	4924
follows:	4925

(i) Except as otherwise provided in division (A)(3)(e)(ii),	4926
(iii), or (iv) of this section, it shall impose an indefinite	4927
prison term pursuant to division (A)(3)(a) of this section.	4928

(ii) If the attempted rape for which sentence is being	4929
imposed was committed on or after January 2, 2007, and if the	4930
offender also is convicted of or pleads guilty to a specification	4931
of the type described in section 2941.1418 of the Revised Code, it	4932
shall impose an indefinite prison term consisting of a minimum	4933
term of five years and a maximum term of twenty-five years.	4934

(iii) If the attempted rape for which sentence is being	4935
imposed was committed on or after January 2, 2007, and if the	4936
offender also is convicted of or pleads guilty to a specification	4937
of the type described in section 2941.1419 of the Revised Code, it	4938
shall impose an indefinite prison term consisting of a minimum	4939
term of ten years and a maximum of life imprisonment.	4940

(iv) If the attempted rape for which sentence is being	4941
imposed was committed on or after January 2, 2007, and if the	4942
offender also is convicted of or pleads guilty to a specification	4943
of the type described in section 2941.1420 of the Revised Code, it	4944
shall impose an indefinite prison term consisting of a minimum	4945
term of fifteen years and a maximum of life imprisonment.	4946

(4) For any offense for which the sentence is being imposed,	4947
if the offender previously has been convicted of or pleaded guilty	4948
to a violent sex offense and also to a sexually violent predator	4949
specification that was included in the indictment, count in the	4950
indictment, or information charging that offense, or previously	4951
has been convicted of or pleaded guilty to a designated homicide,	4952
assault, or kidnapping offense and also to both a sexual	4953
motivation specification and a sexually violent predator	4954
specification that were included in the indictment, count in the	4955
indictment, or information charging that offense, it shall impose	4956
upon the offender a term of life imprisonment without parole.	4957

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	4958
of section 2929.14, or another section of the Revised Code other	4959
than division (B) of section 2907.02 or divisions (B) and (C) of	4960
section 2929.14 of the Revised Code that authorizes or requires a	4961
specified prison term or a mandatory prison term for a person who	4962
is convicted of or pleads guilty to a felony or that specifies the	4963
manner and place of service of a prison term or term of	4964
imprisonment, if a person is convicted of or pleads guilty to a	4965
violation of division (A)(1)(b) of section 2907.02 of the Revised	4966
Code committed on or after January 2, 2007, if division (A) of	4967
this section does not apply regarding the person, and if the court	4968
does not impose a sentence of life without parole when authorized	4969
pursuant to division (B) of section 2907.02 of the Revised Code,	4970
the court shall impose upon the person an indefinite prison term	4971
consisting of one of the following:	4972

(a) Except as otherwise required in division (B)(1)(b) or (c)	4973
of this section, a minimum term of ten years and a maximum term of	4974
life imprisonment.	4975

(b) If the victim was less than ten years of age, a minimum	4976
term of fifteen years and a maximum of life imprisonment.	4977

(c) If the offender purposely compels the victim to submit by	4978
force or threat of force, or if the offender previously has been	4979
convicted of or pleaded guilty to violating division (A)(1)(b) of	4980
section 2907.02 of the Revised Code or to violating an existing or	4981
former law of this state, another state, or the United States that	4982
is substantially similar to division (A)(1)(b) of that section, or	4983
if the offender during or immediately after the commission of the	4984
offense caused serious physical harm to the victim, a minimum term	4985
of twenty-five years and a maximum of life imprisonment.	4986

(2) Notwithstanding section 2929.13, division (A) or (D) of	4987
section 2929.14, or another section of the Revised Code other than	4988
divisions (B) and (C) of section 2929.14 of the Revised Code that	4989
authorizes or requires a specified prison term or a mandatory	4990
prison term for a person who is convicted of or pleads guilty to a	4991
felony or that specifies the manner and place of service of a	4992
prison term or term of imprisonment and except as otherwise	4993
provided in division (B) of section 2907.02 of the Revised Code,	4994
if a person is convicted of or pleads guilty to attempted rape	4995
committed on or after January 2, 2007, and if division (A) of this	4996
section does not apply regarding the person, the court shall	4997
impose upon the person an indefinite prison term consisting of one	4998
of the following:	4999

(a) If the person also is convicted of or pleads guilty to a	5000
specification of the type described in section 2941.1418 of the	5001
Revised Code, the court shall impose upon the person an indefinite	5002
prison term consisting of a minimum term of five years and a	5003
maximum term of twenty-five years.	5004

(b) If the person also is convicted of or pleads guilty to a	5005
specification of the type described in section 2941.1419 of the	5006
Revised Code, the court shall impose upon the person an indefinite	5007
prison term consisting of a minimum term of ten years and a	5008
maximum term of life imprisonment.	5009

(c) If the person also is convicted of or pleads guilty to a	5010
specification of the type described in section 2941.1420 of the	5011
Revised Code, the court shall impose upon the person an indefinite	5012
prison term consisting of a minimum term of fifteen years and a	5013
maximum term of life imprisonment.	5014

(3) Notwithstanding section 2929.13, division (A) or (D) of	5015
section 2929.14, or another section of the Revised Code other than	5016
divisions (B) and (C) of section 2929.14 of the Revised Code that	5017
authorizes or requires a specified prison term or a mandatory	5018
prison term for a person who is convicted of or pleads guilty to a	5019
felony or that specifies the manner and place of service of a	5020
prison term or term of imprisonment, if a person is convicted of	5021
or pleads guilty to an offense described in division (B)(3)(a),	5022
(b), (c), or (d) of this section committed on or after January 1,	5023
2008, if the person also is convicted of or pleads guilty to a	5024
sexual motivation specification that was included in the	5025
indictment, count in the indictment, or information charging that	5026
offense, and if division (A) of this section does not apply	5027
regarding the person, the court shall impose upon the person an	5028
indefinite prison term consisting of one of the following:	5029

(a) An indefinite prison term consisting of a minimum of ten	5030
years and a maximum term of life imprisonment if the offense for	5031
which the sentence is being imposed is kidnapping, the victim of	5032
the offense is less than thirteen years of age, and the offender	5033
released the victim in a safe place unharmed;	5034

(b) An indefinite prison term consisting of a minimum of	5035
fifteen years and a maximum term of life imprisonment if the	5036
offense for which the sentence is being imposed is kidnapping when	5037
the victim of the offense is less than thirteen years of age and	5038
division (B)(3)(a) of this section does not apply;	5039

(c) An indefinite term consisting of a minimum of thirty	5040
years and a maximum term of life imprisonment if the offense for	5041
which the sentence is being imposed is aggravated murder, when the	5042
victim of the offense is less than thirteen years of age, a	5043
sentence of death or life imprisonment without parole is not	5044
imposed for the offense, and division (A)(2)(b)(ii) of section	5045
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5046
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5047
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5048
Code requires that the sentence for the offense be imposed	5049
pursuant to this division;	5050

(d) An indefinite prison term consisting of a minimum of	5051
thirty years and a maximum term of life imprisonment if the	5052
offense for which the sentence is being imposed is murder when the	5053
victim of the offense is less than thirteen years of age.	5054

(C)(1) If the offender is sentenced to a prison term pursuant	5055
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	5056
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	5057
board shall have control over the offender's service of the term	5058
during the entire term unless the parole board terminates its	5059
control in accordance with section 2971.04 of the Revised Code.	5060

(2) Except as provided in division (C)(3) of this section, an	5061
offender sentenced to a prison term or term of life imprisonment	5062
without parole pursuant to division (A) of this section shall	5063
serve the entire prison term or term of life imprisonment in a	5064
state correctional institution. The offender is not eligible for	5065
judicial release under section 2929.20 of the Revised Code.	5066

(3) For a prison term imposed pursuant to division (A)(3),	5067
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5068
(c), or (d) of this section, the court, in accordance with section	5069
2971.05 of the Revised Code, may terminate the prison term or	5070
modify the requirement that the offender serve the entire term in	5071
a state correctional institution if all of the following apply:	5072

(a) The offender has served at least the minimum term imposed	5073
as part of that prison term.	5074

(b) The parole board, pursuant to section 2971.04 of the	5075
Revised Code, has terminated its control over the offender's	5076
service of that prison term.	5077

(c) The court has held a hearing and found, by clear and	5078
convincing evidence, one of the following:	5079

(i) In the case of termination of the prison term, that the	5080
offender is unlikely to commit a sexually violent offense in the	5081
future;	5082

(ii) In the case of modification of the requirement, that the	5083
offender does not represent a substantial risk of physical harm to	5084
others.	5085

(4) An offender who has been sentenced to a term of life	5086
imprisonment without parole pursuant to division (A)(1), (2), or	5087
(4) of this section shall not be released from the term of life	5088
imprisonment or be permitted to serve a portion of it in a place	5089
other than a state correctional institution.	5090

(D) If a court sentences an offender to a prison term or term	5091
of life imprisonment without parole pursuant to division (A) of	5092
this section and the court also imposes on the offender one or	5093
more additional prison terms pursuant to division (B) of section	5094
2929.14 of the Revised Code, all of the additional prison terms	5095
shall be served consecutively with, and prior to, the prison term	5096
or term of life imprisonment without parole imposed upon the	5097
offender pursuant to division (A) of this section.	5098

(E) If the offender is convicted of or pleads guilty to two	5099
or more offenses for which a prison term or term of life	5100
imprisonment without parole is required to be imposed pursuant to	5101
division (A) of this section, divisions (A) to (D) of this section	5102
shall be applied for each offense. All minimum terms imposed upon	5103
the offender pursuant to division (A)(3) or (B) of this section	5104
for those offenses shall be aggregated and served consecutively,	5105
as if they were a single minimum term imposed under that division.	5106

(F)(1) If an offender is convicted of or pleads guilty to a	5107
violent sex offense and also is convicted of or pleads guilty to a	5108
sexually violent predator specification that was included in the	5109
indictment, count in the indictment, or information charging that	5110
offense, or is convicted of or pleads guilty to a designated	5111
homicide, assault, or kidnapping offense and also is convicted of	5112
or pleads guilty to both a sexual motivation specification and a	5113
sexually violent predator specification that were included in the	5114
indictment, count in the indictment, or information charging that	5115
offense, the conviction of or plea of guilty to the offense and	5116
the sexually violent predator specification automatically	5117
classifies the offender as a tier III sex offender/child-victim	5118
offender for purposes of Chapter 2950. of the Revised Code.	5119

(2) If an offender is convicted of or pleads guilty to	5120
committing on or after January 2, 2007, a violation of division	5121
(A)(1)(b) of section 2907.02 of the Revised Code and either the	5122
offender is sentenced under section 2971.03 of the Revised Code or	5123
a sentence of life without parole is imposed under division (B) of	5124
section 2907.02 of the Revised Code, the conviction of or plea of	5125
guilty to the offense automatically classifies the offender as a	5126
tier III sex offender/child-victim offender for purposes of	5127
Chapter 2950. of the Revised Code.	5128

(3) If a person is convicted of or pleads guilty to	5129
committing on or after January 2, 2007, attempted rape and also is	5130
convicted of or pleads guilty to a specification of the type	5131
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5132
Revised Code, the conviction of or plea of guilty to the offense	5133
and the specification automatically classify the offender as a	5134
tier III sex offender/child-victim offender for purposes of	5135
Chapter 2950. of the Revised Code.	5136

(4) If a person is convicted of or pleads guilty to one of	5137
the offenses described in division (B)(3)(a), (b), (c), or (d) of	5138
this section and a sexual motivation specification related to the	5139
offense and the victim of the offense is less than thirteen years	5140
of age, the conviction of or plea of guilty to the offense	5141
automatically classifies the offender as a tier III sex	5142
offender/child-victim offender for purposes of Chapter 2950. of	5143
the Revised Code.	5144

Sec. 2971.07.  (A) This chapter does not apply to any	5145
offender unless the offender is one of the following:	5146

(1) The offender is convicted of or pleads guilty to a	5147
violent sex offense and also is convicted of or pleads guilty to a	5148
sexually violent predator specification that was included in the	5149
indictment, count in the indictment, or information charging that	5150
offense.	5151

(2) The offender is convicted of or pleads guilty to a	5152
designated homicide, assault, or kidnapping offense and also is	5153
convicted of or pleads guilty to both a sexual motivation	5154
specification and a sexually violent predator specification that	5155
were included in the indictment, count in the indictment, or	5156
information charging that offense.	5157

(3) The offender is convicted of or pleads guilty to a	5158
violation of division (A)(1)(b) of section 2907.02 of the Revised	5159
Code committed on or after January 2, 2007, and the court does not	5160
sentence the offender to a term of life without parole pursuant to	5161
division (B) of section 2907.02 of the Revised Code or division	5162
(B) of that section prohibits the court from sentencing the	5163
offender pursuant to section 2971.03 of the Revised Code.	5164

(4) The offender is convicted of or pleads guilty to	5165
attempted rape committed on or after January 2, 2007, and also is	5166
convicted of or pleads guilty to a specification of the type	5167
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5168
Revised Code.	5169

(5) The offender is convicted of or pleads guilty to a	5170
violation of section 2905.01 of the Revised Code and also is	5171
convicted of or pleads guilty to a sexual motivation specification	5172
that was included in the indictment, count in the indictment, or	5173
information charging that offense, and that section requires a	5174
court to sentence the offender pursuant to section 2971.03 of the	5175
Revised Code.	5176

(6) The offender is convicted of or pleads guilty to	5177
aggravated murder and also is convicted of or pleads guilty to a	5178
sexual motivation specification that was included in the	5179
indictment, count in the indictment, or information charging that	5180
offense, and division (A)(2)(b)(ii) of section 2929.022, division	5181
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	5182
or (E)(1)(d) of section 2929.03, or division (A) or (B)(C) of	5183
section 2929.062929.02 of the Revised Code requires a court to	5184
sentence the offender pursuant to division (B)(3) of section	5185
2971.03 of the Revised Code.	5186

(7) The offender is convicted of or pleads guilty to murder	5187
and also is convicted of or pleads guilty to a sexual motivation	5188
specification that was included in the indictment, count in the	5189
indictment, or information charging that offense, and division	5190
(B)(2)(C) of section 2929.02 of the Revised Code requires a court	5191
to sentence the offender pursuant to section 2971.03 of the	5192
Revised Code.	5193

(B) This chapter does not limit or affect a court in imposing	5194
upon an offender described in divisions (A)(1) to (9) of this	5195
section any financial sanction under section 2929.18 or any other	5196
section of the Revised Code, or, except as specifically provided	5197
in this chapter, any other sanction that is authorized or required	5198
for the offense or violation by any other provision of law.	5199

(C) If an offender is sentenced to a prison term under	5200
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	5201
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	5202
Code and if, pursuant to section 2971.05 of the Revised Code, the	5203
court modifies the requirement that the offender serve the entire	5204
prison term in a state correctional institution or places the	5205
offender on conditional release that involves the placement of the	5206
offender under the supervision of the adult parole authority,	5207
authorized field officers of the authority who are engaged within	5208
the scope of their supervisory duties or responsibilities may	5209
search, with or without a warrant, the person of the offender, the	5210
place of residence of the offender, and a motor vehicle, another	5211
item of tangible or intangible personal property, or any other	5212
real property in which the offender has the express or implied	5213
permission of a person with a right, title, or interest to use,	5214
occupy, or possess if the field officer has reasonable grounds to	5215
believe that the offender is not abiding by the law or otherwise	5216
is not complying with the terms and conditions of the offender's	5217
modification or release. The authority shall provide each offender	5218
with a written notice that informs the offender that authorized	5219
field officers of the authority who are engaged within the scope	5220
of their supervisory duties or responsibilities may conduct those	5221
types of searches during the period of the modification or release	5222
if they have reasonable grounds to believe that the offender is	5223
not abiding by the law or otherwise is not complying with the	5224
terms and conditions of the offender's modification or release.	5225

Sec. 5120.113.  (A) For each inmate committed to the	5226
department of rehabilitation and correction, except as provided in	5227
division (B) of this section, the department shall prepare a	5228
written reentry plan for the inmate to help guide the inmate's	5229
rehabilitation program during imprisonment, to assist in the	5230
inmate's reentry into the community, and to assess the inmate's	5231
needs upon release.	5232

(B) Division (A) of this section does not apply to an inmate	5233
who has been sentenced to life imprisonment without parole or who	5234
has been sentenced to death. Division (A) of this section does not	5235
apply to any inmate who is expected to be imprisoned for thirty	5236
days or less, but the department may prepare a written reentry	5237
plan of the type described in that division if the department	5238
determines that the plan is needed.	5239

(C) The department may collect, if available, any social and	5240
other information that will aid in the preparation of reentry	5241
plans under this section.	5242

(D) In the event the department does not prepare a written	5243
reentry plan as specified in division (A) of this section, or	5244
makes a decision to not prepare a written reentry plan under	5245
division (B) of this section or to not collect information under	5246
division (C) of this section, that fact does not give rise to a	5247
claim for damages against the state, the department, the director	5248
of the department, or any employee of the department.	5249

Sec. 5120.61.  (A)(1) Not later than ninety days after	5250
January 1, 1997, the department of rehabilitation and correction	5251
shall adopt standards that it will use under this section to	5252
assess the following criminal offenders and may periodically	5253
revise the standards:	5254

(a) A criminal offender who is convicted of or pleads guilty	5255
to a violent sex offense or designated homicide, assault, or	5256
kidnapping offense and is adjudicated a sexually violent predator	5257
in relation to that offense;	5258

(b) A criminal offender who is convicted of or pleads guilty	5259
to a violation of division (A)(1)(b) of section 2907.02 of the	5260
Revised Code committed on or after January 2, 2007, and either who	5261
is sentenced under section 2971.03 of the Revised Code or upon	5262
whom a sentence of life without parole is imposed under division	5263
(B) of section 2907.02 of the Revised Code;	5264

(c) A criminal offender who is convicted of or pleads guilty	5265
to attempted rape committed on or after January 2, 2007, and a	5266
specification of the type described in section 2941.1418,	5267
2941.1419, or 2941.1420 of the Revised Code;	5268

(d) A criminal offender who is convicted of or pleads guilty	5269
to a violation of section 2905.01 of the Revised Code and also is	5270
convicted of or pleads guilty to a sexual motivation specification	5271
that was included in the indictment, count in the indictment, or	5272
information charging that offense, and who is sentenced pursuant	5273
to section 2971.03 of the Revised Code;	5274

(e) A criminal offender who is convicted of or pleads guilty	5275
to aggravated murder and also is convicted of or pleads guilty to	5276
a sexual motivation specification that was included in the	5277
indictment, count in the indictment, or information charging that	5278
offense, and who pursuant to division (A)(2)(b)(ii) of section	5279
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	5280
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	5281
division (A) or (B)(C) of section 2929.062929.02 of the Revised	5282
Code is sentenced pursuant to division (B)(3) of section 2971.03	5283
of the Revised Code;	5284

(f) A criminal offender who is convicted of or pleads guilty	5285
to murder and also is convicted of or pleads guilty to a sexual	5286
motivation specification that was included in the indictment,	5287
count in the indictment, or information charging that offense, and	5288
who pursuant to division (B)(2)(C)(1) of section 2929.02 of the	5289
Revised Code is sentenced pursuant to section 2971.03 of the	5290
Revised Code.	5291

(2) When the department is requested by the parole board or	5292
the court to provide a risk assessment report of the offender	5293
under section 2971.04 or 2971.05 of the Revised Code, it shall	5294
assess the offender and complete the assessment as soon as	5295
possible after the offender has commenced serving the prison term	5296
or term of life imprisonment without parole imposed under division	5297
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	5298
(b), (c), or (d) of section 2971.03 of the Revised Code.	5299
Thereafter, the department shall update a risk assessment report	5300
pertaining to an offender as follows:	5301

(a) Periodically, in the discretion of the department,	5302
provided that each report shall be updated no later than two years	5303
after its initial preparation or most recent update;	5304

(b) Upon the request of the parole board for use in	5305
determining pursuant to section 2971.04 of the Revised Code	5306
whether it should terminate its control over an offender's service	5307
of a prison term imposed upon the offender under division (A)(3),	5308
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	5309
(c), or (d) of section 2971.03 of the Revised Code;	5310

(c) Upon the request of the court.

5311

(3) After the department of rehabilitation and correction	5312
assesses an offender pursuant to division (A)(2) of this section,	5313
it shall prepare a report that contains its risk assessment for	5314
the offender or, if a risk assessment report previously has been	5315
prepared, it shall update the risk assessment report.	5316

(4) The department of rehabilitation and correction shall	5317
provide each risk assessment report that it prepares or updates	5318
pursuant to this section regarding an offender to all of the	5319
following:	5320

(a) The parole board for its use in determining pursuant to	5321
section 2971.04 of the Revised Code whether it should terminate	5322
its control over an offender's service of a prison term imposed	5323
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	5324
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	5325
2971.03 of the Revised Code, if the parole board has not	5326
terminated its control over the offender;	5327

(b) The court for use in determining, pursuant to section	5328
2971.05 of the Revised Code, whether to modify the requirement	5329
that the offender serve the entire prison term imposed upon the	5330
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	5331
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	5332
the Revised Code in a state correctional institution, whether to	5333
revise any modification previously made, or whether to terminate	5334
the prison term;	5335

(c) The prosecuting attorney who prosecuted the case, or the	5336
successor in office to that prosecuting attorney;	5337

(d) The offender.

5338

(B) When the department of rehabilitation and correction	5339
provides a risk assessment report regarding an offender to the	5340
parole board or court pursuant to division (A)(4)(a) or (b) of	5341
this section, the department, prior to the parole board's or	5342
court's hearing, also shall provide to the offender or to the	5343
offender's attorney of record a copy of the report and a copy of	5344
any other relevant documents the department possesses regarding	5345
the offender that the department does not consider to be	5346
confidential.	5347

(C) As used in this section:

5348

(1) "Adjudicated a sexually violent predator" has the same	5349
meaning as in section 2929.01 of the Revised Code, and a person is	5350
"adjudicated a sexually violent predator" in the same manner and	5351
the same circumstances as are described in that section.	5352

(2) "Designated homicide, assault, or kidnapping offense" and	5353
"violent sex offense" have the same meanings as in section 2971.01	5354
of the Revised Code.	5355

Sec. 5139.04.  The department of youth services shall do all	5356
of the following:	5357

(A) Support service districts through a central	5358
administrative office that shall have as its administrative head a	5359
deputy director who shall be appointed by the director of the	5360
department. When a vacancy occurs in the office of that deputy	5361
director, an assistant deputy director shall act as that deputy	5362
director until the vacancy is filled. The position of deputy	5363
director and assistant deputy director described in this division	5364
shall be in the unclassified civil service of the state.	5365

(B) Receive custody of all children committed to it under	5366
Chapter 2152. of the Revised Code, cause a study to be made of	5367
those children, and issue any orders, as it considers best suited	5368
to the needs of any of those children and the interest of the	5369
public, for the treatment of each of those children;	5370

(C) Obtain personnel necessary for the performance of its	5371
duties;	5372

(D) Adopt rules that regulate its organization and operation,	5373
that implement sections 5139.34 and 5139.41 to 5139.43 of the	5374
Revised Code, and that pertain to the administration of other	5375
sections of this chapter;	5376

(E) Submit reports of its operations to the governor and the	5377
general assembly by the thirty-first day of January of each	5378
odd-numbered year;	5379

(F) Conduct a program of research in diagnosis, training, and	5380
treatment of delinquent children to evaluate the effectiveness of	5381
the department's services and to develop more adequate methods;	5382

(G) Develop a standard form for the disposition investigation	5383
report that a juvenile court is required pursuant to section	5384
2152.18 of the Revised Code to complete and provide to the	5385
department when the court commits a child to the legal custody of	5386
the department;	5387

(H) Provide the state public defender the reasonable access	5388
authorized under division (I)(H) of section 120.06 of the Revised	5389
Code in order to fulfill the department's constitutional	5390
obligation to provide juveniles who have been committed to the	5391
department's care access to the courts.	5392

(I) Do all other acts necessary or desirable to carry out	5393
this chapter.	5394

Sec. 5919.16.  (A) Commissioned and warrant officers in the	5395
Ohio national guard shall be discharged by the adjutant general	5396
upon either of the following:	5397

(1) The officer's resignation;

5398

(2) Approval of a board's recommendation for withdrawal of	5399
federal recognition by the chief of the national guard bureau.	5400

(B) An officer also may be discharged under any of the	5401
following circumstances:	5402

(1) Pursuant to other federal regulations;

5403

(2) If absent without leave for three months, upon	5404
recommendation of an efficiency board;	5405

(3) Pursuant to sentence by court-martial;

5406

(4) If the officer has been convicted of a crime classified	5407
as a felony as described in division (C) or (D) or (E) of section	5408
2901.02 of the Revised Code.	5409

Section 2.  That existing sections 120.03, 120.06, 120.14,	5410
120.16, 120.18, 120.24, 120.26, 120.28, 120.33, 120.34, 1901.183,	5411
2152.13, 2152.67, 2301.20, 2307.60, 2701.07, 2743.51, 2901.02,	5412
2909.24, 2929.02, 2929.13, 2929.14, 2941.021, 2941.14, 2941.148,	5413
2941.401, 2941.43, 2941.51, 2945.06, 2945.21, 2945.25, 2945.33,	5414
2945.38, 2949.02, 2949.03, 2953.02, 2953.07, 2953.08, 2953.09,	5415
2953.10, 2953.21, 2953.23, 2953.71, 2953.72, 2953.81, 2967.05,	5416
2967.13, 2967.193, 2971.03, 2971.07, 5120.113, 5120.61, 5139.04,	5417
and 5919.16 and sections 109.97, 120.35, 2929.021, 2929.022,	5418
2929.023, 2929.024, 2929.03, 2929.04, 2929.05, 2929.06, 2947.08,	5419
2949.21, 2949.22, 2949.24, 2949.25, 2949.26, 2949.27, 2949.28,	5420
2949.29, 2949.31, and 2967.08 of the Revised Code are hereby	5421
repealed.	5422

Section 3. (A) An offender whose sentence of death has been	5423
set aside, nullified, or vacated pursuant to section 2929.06 of	5424
the Revised Code as it existed immediately before the effective	5425
date of this act but who has not been resentenced under that	5426
section as of the effective date of this act shall be resentenced	5427
in accordance with that section as it existed immediately before	5428
the effective date of this act.	5429

(B) An offender who was sentenced to death before the	5430
effective date of this act shall have the same right to	5431
postconviction DNA testing as the offender had under sections	5432
2953.71 to 2953.81 of the Revised Code as they existed immediately	5433
before the effective date of this act or as they may hereafter be	5434
amended.	5435

(C) All reports and payments relating to capital cases that	5436
were required to be made under any provision of Chapter 120. or	5437
section 109.97 of the Revised Code as that provision existed	5438
immediately before the effective date of this act shall be made	5439
for the current calendar or fiscal year, as applicable, in	5440
accordance with that provision as it existed immediately before	5441
the effective date of this act.	5442

Section 4. This act is hereby declared to be an emergency	5443
measure necessary for the immediate preservation of the public	5444
peace, health, and safety. The reason for such necessity is to	5445
preserve life by preventing the execution of death sentences	5446
imposed before the effective date of this act but not yet carried	5447
out. Therefore, this act shall go into immediate effect.	5448

Section 5.  Section 2953.07 of the Revised Code is presented	5449
in this act as a composite of the section as amended by both Am.	5450
Sub. S.B. 2 and Am. Sub. S.B. 4 of the 121st General Assembly.	5451
Section 2953.08 of the Revised Code is presented in this act as a	5452
composite of the section as amended by Sub. H.B. 247, Am. Sub.	5453
S.B. 160, and Am. Sub. S.B. 337, all of the 129th General	5454
Assembly. The General Assembly, applying the principle stated in	5455
division (B) of section 1.52 of the Revised Code that amendments	5456
are to be harmonized if reasonably capable of simultaneous	5457
operation, finds that the composites are the resulting versions of	5458
these sections in effect prior to the effective dates of the	5459
sections as presented in this act.	5460