As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 349

Representative Hackett 

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A BILL

To amend sections 2743.51, 2743.60, 2743.65, 2929.01,

1

2929.13, and 2929.14 and to enact sections

2

2743.611 and 2941.1424 of the Revised Code to

3

require an additional definite term of

4

imprisonment of 5 to 10 years for an offender who

5

is convicted of or pleads guilty to a felony

6

offense of violence if the offender is convicted

7

of or pleads guilty to a specification that the

8

victim suffered permanent disabling harm and to

9

establish a procedure for the Attorney General to

10

award additional reparations to a claimant if a

11

victim suffered catastrophic disabling harm from

12

the injury sustained due to the criminal conduct

13

giving rise to the claim.

14

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

Section 1. That sections 2743.51, 2743.60, 2743.65, 2929.01,	15
2929.13, and 2929.14 be amended and sections 2743.611 and	16
2941.1424 of the Revised Code be enacted to read as follows:	17

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	18
Revised Code:	19

(A) "Claimant" means both of the following categories of	20
persons:	21

(1) Any of the following persons who claim an award of	22
reparations under sections 2743.51 to 2743.72 of the Revised Code:	23

(a) A victim who was one of the following at the time of the	24
criminally injurious conduct:	25

(i) A resident of the United States;

26

(ii) A resident of a foreign country the laws of which permit	27
residents of this state to recover compensation as victims of	28
offenses committed in that country.	29

(b) A dependent of a deceased victim who is described in	30
division (A)(1)(a) of this section;	31

(c) A third person, other than a collateral source, who	32
legally assumes or voluntarily pays the obligations of a victim,	33
or of a dependent of a victim, who is described in division	34
(A)(1)(a) of this section, which obligations are incurred as a	35
result of the criminally injurious conduct that is the subject of	36
the claim and may include, but are not limited to, medical or	37
burial expenses;	38

(d) A person who is authorized to act on behalf of any person	39
who is described in division (A)(1)(a), (b), or (c) of this	40
section;	41

(e) The estate of a deceased victim who is described in	42
division (A)(1)(a) of this section.	43

(2) Any of the following persons who claim an award of	44
reparations under sections 2743.51 to 2743.72 of the Revised Code:	45

(a) A victim who had a permanent place of residence within	46
this state at the time of the criminally injurious conduct and	47
who, at the time of the criminally injurious conduct, complied	48
with any one of the following:	49

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

50

(ii) Was a member of the regular armed forces of the United	51
States or of the United States coast guard or was a full-time	52
member of the Ohio organized militia or of the United States army	53
reserve, naval reserve, or air force reserve;	54

(iii) Was retired and receiving social security or any other	55
retirement income;	56

(iv) Was sixty years of age or older;

57

(v) Was temporarily in another state for the purpose of	58
receiving medical treatment;	59

(vi) Was temporarily in another state for the purpose of	60
performing employment-related duties required by an employer	61
located within this state as an express condition of employment or	62
employee benefits;	63

(vii) Was temporarily in another state for the purpose of	64
receiving occupational, vocational, or other job-related training	65
or instruction required by an employer located within this state	66
as an express condition of employment or employee benefits;	67

(viii) Was a full-time student at an academic institution,	68
college, or university located in another state;	69

(ix) Had not departed the geographical boundaries of this	70
state for a period exceeding thirty days or with the intention of	71
becoming a citizen of another state or establishing a permanent	72
place of residence in another state.	73

(b) A dependent of a deceased victim who is described in	74
division (A)(2)(a) of this section;	75

(c) A third person, other than a collateral source, who	76
legally assumes or voluntarily pays the obligations of a victim,	77
or of a dependent of a victim, who is described in division	78
(A)(2)(a) of this section, which obligations are incurred as a	79
result of the criminally injurious conduct that is the subject of	80
the claim and may include, but are not limited to, medical or	81
burial expenses;	82

(d) A person who is authorized to act on behalf of any person	83
who is described in division (A)(2)(a), (b), or (c) of this	84
section;	85

(e) The estate of a deceased victim who is described in	86
division (A)(2)(a) of this section.	87

(B) "Collateral source" means a source of benefits or	88
advantages for economic loss otherwise reparable that the victim	89
or claimant has received, or that is readily available to the	90
victim or claimant, from any of the following sources:	91

(1) The offender;

92

(2) The government of the United States or any of its	93
agencies, a state or any of its political subdivisions, or an	94
instrumentality of two or more states, unless the law providing	95
for the benefits or advantages makes them excess or secondary to	96
benefits under sections 2743.51 to 2743.72 of the Revised Code;	97

(3) Social security, medicare, and medicaid;

98

(4) State-required, temporary, nonoccupational disability	99
insurance;	100

(5) Workers' compensation;

101

(6) Wage continuation programs of any employer;

102

(7) Proceeds of a contract of insurance payable to the victim	103
for loss that the victim sustained because of the criminally	104
injurious conduct;	105

(8) A contract providing prepaid hospital and other health	106
care services, or benefits for disability;	107

(9) That portion of the proceeds of all contracts of	108
insurance payable to the claimant on account of the death of the	109
victim that exceeds fifty thousand dollars;	110

(10) Any compensation recovered or recoverable under the laws	111
of another state, district, territory, or foreign country because	112
the victim was the victim of an offense committed in that state,	113
district, territory, or country.	114

"Collateral source" does not include any money, or the	115
monetary value of any property, that is subject to sections	116
2969.01 to 2969.06 of the Revised Code or that is received as a	117
benefit from the Ohio public safety officers death benefit fund	118
created by section 742.62 of the Revised Code.	119

(C) "Criminally injurious conduct" means one of the	120
following:	121

(1) For the purposes of any person described in division	122
(A)(1) of this section, any conduct that occurs or is attempted in	123
this state; poses a substantial threat of personal injury or	124
death; and is punishable by fine, imprisonment, or death, or would	125
be so punishable but for the fact that the person engaging in the	126
conduct lacked capacity to commit the crime under the laws of this	127
state. Criminally injurious conduct does not include conduct	128
arising out of the ownership, maintenance, or use of a motor	129
vehicle, except when any of the following applies:	130

(a) The person engaging in the conduct intended to cause	131
personal injury or death;	132

(b) The person engaging in the conduct was using the vehicle	133
to flee immediately after committing a felony or an act that would	134
constitute a felony but for the fact that the person engaging in	135
the conduct lacked the capacity to commit the felony under the	136
laws of this state;	137

(c) The person engaging in the conduct was using the vehicle	138
in a manner that constitutes an OVI violation;	139

(d) The conduct occurred on or after July 25, 1990, and the	140
person engaging in the conduct was using the vehicle in a manner	141
that constitutes a violation of section 2903.08 of the Revised	142
Code;	143

(e) The person engaging in the conduct acted in a manner that	144
caused serious physical harm to a person and that constituted a	145
violation of section 4549.02 or 4549.021 of the Revised Code.	146

(2) For the purposes of any person described in division	147
(A)(2) of this section, any conduct that occurs or is attempted in	148
another state, district, territory, or foreign country; poses a	149
substantial threat of personal injury or death; and is punishable	150
by fine, imprisonment, or death, or would be so punishable but for	151
the fact that the person engaging in the conduct lacked capacity	152
to commit the crime under the laws of the state, district,	153
territory, or foreign country in which the conduct occurred or was	154
attempted. Criminally injurious conduct does not include conduct	155
arising out of the ownership, maintenance, or use of a motor	156
vehicle, except when any of the following applies:	157

(a) The person engaging in the conduct intended to cause	158
personal injury or death;	159

(b) The person engaging in the conduct was using the vehicle	160
to flee immediately after committing a felony or an act that would	161
constitute a felony but for the fact that the person engaging in	162
the conduct lacked the capacity to commit the felony under the	163
laws of the state, district, territory, or foreign country in	164
which the conduct occurred or was attempted;	165

(c) The person engaging in the conduct was using the vehicle	166
in a manner that constitutes an OVI violation;	167

(d) The conduct occurred on or after July 25, 1990, the	168
person engaging in the conduct was using the vehicle in a manner	169
that constitutes a violation of any law of the state, district,	170
territory, or foreign country in which the conduct occurred, and	171
that law is substantially similar to a violation of section	172
2903.08 of the Revised Code;	173

(e) The person engaging in the conduct acted in a manner that	174
caused serious physical harm to a person and that constituted a	175
violation of any law of the state, district, territory, or foreign	176
country in which the conduct occurred, and that law is	177
substantially similar to section 4549.02 or 4549.021 of the	178
Revised Code.	179

(3) For the purposes of any person described in division	180
(A)(1) or (2) of this section, terrorism that occurs within or	181
outside the territorial jurisdiction of the United States.	182

(D) "Dependent" means an individual wholly or partially	183
dependent upon the victim for care and support, and includes a	184
child of the victim born after the victim's death.	185

(E) "Economic loss" means economic detriment consisting only	186
of allowable expense, work loss, funeral expense, unemployment	187
benefits loss, replacement services loss, cost of crime scene	188
cleanup, and cost of evidence replacement. If criminally injurious	189
conduct causes death, economic loss includes a dependent's	190
economic loss and a dependent's replacement services loss.	191
Noneconomic detriment is not economic loss; however, economic loss	192
may be caused by pain and suffering or physical impairment.	193

(F)(1) "Allowable expense" means reasonable charges incurred	194
for reasonably needed products, services, and accommodations,	195
including those for medical care, rehabilitation, rehabilitative	196
occupational training, and other remedial treatment and care and	197
including replacement costs for hearing aids; dentures, retainers,	198
and other dental appliances; canes, walkers, and other mobility	199
tools; and eyeglasses and other corrective lenses. It does not	200
include that portion of a charge for a room in a hospital, clinic,	201
convalescent home, nursing home, or any other institution engaged	202
in providing nursing care and related services in excess of a	203
reasonable and customary charge for semiprivate accommodations,	204
unless accommodations other than semiprivate accommodations are	205
medically required.	206

(2) An immediate family member of a victim of criminally	207
injurious conduct that consists of a homicide, a sexual assault,	208
domestic violence, or a severe and permanent incapacitating injury	209
resulting in paraplegia or a similar life-altering condition, who	210
requires psychiatric care or counseling as a result of the	211
criminally injurious conduct, may be reimbursed for that care or	212
counseling as an allowable expense through the victim's	213
application. The cumulative allowable expense for care or	214
counseling of that nature shall not exceed two thousand five	215
hundred dollars for each immediate family member of a victim of	216
that type and seven thousand five hundred dollars in the aggregate	217
for all immediate family members of a victim of that type.	218

(3) A family member of a victim who died as a proximate	219
result of criminally injurious conduct may be reimbursed as an	220
allowable expense through the victim's application for wages lost	221
and travel expenses incurred in order to attend criminal justice	222
proceedings arising from the criminally injurious conduct. The	223
cumulative allowable expense for wages lost and travel expenses	224
incurred by a family member to attend criminal justice proceedings	225
shall not exceed five hundred dollars for each family member of	226
the victim and two thousand dollars in the aggregate for all	227
family members of the victim.	228

(4)(a) "Allowable expense" includes reasonable expenses and	229
fees necessary to obtain a guardian's bond pursuant to section	230
2109.04 of the Revised Code when the bond is required to pay an	231
award to a fiduciary on behalf of a minor or other incompetent.	232

(b) "Allowable expense" includes attorney's fees not	233
exceeding one thousand dollars, at a rate not exceeding one	234
hundred dollars per hour, incurred to successfully obtain a	235
restraining order, custody order, or other order to physically	236
separate a victim from an offender. Attorney's fees for the	237
services described in this division may include an amount for	238
reasonable travel time incurred to attend court hearings, not	239
exceeding three hours' round-trip for each court hearing, assessed	240
at a rate not exceeding thirty dollars per hour.	241

(G) "Work loss" means loss of income from work that the	242
injured person would have performed if the person had not been	243
injured and expenses reasonably incurred by the person to obtain	244
services in lieu of those the person would have performed for	245
income, reduced by any income from substitute work actually	246
performed by the person, or by income the person would have earned	247
in available appropriate substitute work that the person was	248
capable of performing but unreasonably failed to undertake.	249

(H) "Replacement services loss" means expenses reasonably	250
incurred in obtaining ordinary and necessary services in lieu of	251
those the injured person would have performed, not for income, but	252
for the benefit of the person's self or family, if the person had	253
not been injured.	254

(I) "Dependent's economic loss" means loss after a victim's	255
death of contributions of things of economic value to the victim's	256
dependents, not including services they would have received from	257
the victim if the victim had not suffered the fatal injury, less	258
expenses of the dependents avoided by reason of the victim's	259
death. If a minor child of a victim is adopted after the victim's	260
death, the minor child continues after the adoption to incur a	261
dependent's economic loss as a result of the victim's death. If	262
the surviving spouse of a victim remarries, the surviving spouse	263
continues after the remarriage to incur a dependent's economic	264
loss as a result of the victim's death.	265

(J) "Dependent's replacement services loss" means loss	266
reasonably incurred by dependents after a victim's death in	267
obtaining ordinary and necessary services in lieu of those the	268
victim would have performed for their benefit if the victim had	269
not suffered the fatal injury, less expenses of the dependents	270
avoided by reason of the victim's death and not subtracted in	271
calculating the dependent's economic loss. If a minor child of a	272
victim is adopted after the victim's death, the minor child	273
continues after the adoption to incur a dependent's replacement	274
services loss as a result of the victim's death. If the surviving	275
spouse of a victim remarries, the surviving spouse continues after	276
the remarriage to incur a dependent's replacement services loss as	277
a result of the victim's death.	278

(K) "Noneconomic detriment" means pain, suffering,	279
inconvenience, physical impairment, or other nonpecuniary damage.	280

(L) "Victim" means a person who suffers personal injury or	281
death as a result of any of the following:	282

(1) Criminally injurious conduct;

283

(2) The good faith effort of any person to prevent criminally	284
injurious conduct;	285

(3) The good faith effort of any person to apprehend a person	286
suspected of engaging in criminally injurious conduct.	287

(M) "Contributory misconduct" means any conduct of the	288
claimant or of the victim through whom the claimant claims an	289
award of reparations that is unlawful or intentionally tortious	290
and that, without regard to the conduct's proximity in time or	291
space to the criminally injurious conduct, has a causal	292
relationship to the criminally injurious conduct that is the basis	293
of the claim.	294

(N)(1) "Funeral expense" means any reasonable charges that	295
are not in excess of seven thousand five hundred dollars per	296
funeral and that are incurred for expenses directly related to a	297
victim's funeral, cremation, or burial and any wages lost or	298
travel expenses incurred by a family member of a victim in order	299
to attend the victim's funeral, cremation, or burial.	300

(2) An award for funeral expenses shall be applied first to	301
expenses directly related to the victim's funeral, cremation, or	302
burial. An award for wages lost or travel expenses incurred by a	303
family member of the victim shall not exceed five hundred dollars	304
for each family member and shall not exceed in the aggregate the	305
difference between seven thousand five hundred dollars and	306
expenses that are reimbursed by the program and that are directly	307
related to the victim's funeral, cremation, or burial.	308

(O) "Unemployment benefits loss" means a loss of unemployment	309
benefits pursuant to Chapter 4141. of the Revised Code when the	310
loss arises solely from the inability of a victim to meet the able	311
to work, available for suitable work, or the actively seeking	312
suitable work requirements of division (A)(4)(a) of section	313
4141.29 of the Revised Code.	314

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

315

(1) A violation of section 4511.19 of the Revised Code, of	316
any municipal ordinance prohibiting the operation of a vehicle	317
while under the influence of alcohol, a drug of abuse, or a	318
combination of them, or of any municipal ordinance prohibiting the	319
operation of a vehicle with a prohibited concentration of alcohol,	320
a controlled substance, or a metabolite of a controlled substance	321
in the whole blood, blood serum or plasma, breath, or urine;	322

(2) A violation of division (A)(1) of section 2903.06 of the	323
Revised Code;	324

(3) A violation of division (A)(2), (3), or (4) of section	325
2903.06 of the Revised Code or of a municipal ordinance	326
substantially similar to any of those divisions, if the offender	327
was under the influence of alcohol, a drug of abuse, or a	328
combination of them, at the time of the commission of the offense;	329

(4) For purposes of any person described in division (A)(2)	330
of this section, a violation of any law of the state, district,	331
territory, or foreign country in which the criminally injurious	332
conduct occurred, if that law is substantially similar to a	333
violation described in division (P)(1) or (2) of this section or	334
if that law is substantially similar to a violation described in	335
division (P)(3) of this section and the offender was under the	336
influence of alcohol, a drug of abuse, or a combination of them,	337
at the time of the commission of the offense.	338

(Q) "Pendency of the claim" for an original reparations	339
application or supplemental reparations application means the	340
period of time from the date the criminally injurious conduct upon	341
which the application is based occurred until the date a final	342
decision, order, or judgment concerning that original reparations	343
application or supplemental reparations application is issued.	344

(R) "Terrorism" means any activity to which all of the	345
following apply:	346

(1) The activity involves a violent act or an act that is	347
dangerous to human life.	348

(2) The act described in division (R)(1) of this section is	349
committed within the territorial jurisdiction of the United States	350
and is a violation of the criminal laws of the United States, this	351
state, or any other state or the act described in division (R)(1)	352
of this section is committed outside the territorial jurisdiction	353
of the United States and would be a violation of the criminal laws	354
of the United States, this state, or any other state if committed	355
within the territorial jurisdiction of the United States.	356

(3) The activity appears to be intended to do any of the	357
following:	358

(a) Intimidate or coerce a civilian population;

359

(b) Influence the policy of any government by intimidation or	360
coercion;	361

(c) Affect the conduct of any government by assassination or	362
kidnapping.	363

(4) The activity occurs primarily outside the territorial	364
jurisdiction of the United States or transcends the national	365
boundaries of the United States in terms of the means by which the	366
activity is accomplished, the person or persons that the activity	367
appears intended to intimidate or coerce, or the area or locale in	368
which the perpetrator or perpetrators of the activity operate or	369
seek asylum.	370

(S) "Transcends the national boundaries of the United States"	371
means occurring outside the territorial jurisdiction of the United	372
States in addition to occurring within the territorial	373
jurisdiction of the United States.	374

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

375

(1) The replacement cost for items of clothing removed from a	376
victim in order to make an assessment of possible physical harm or	377
to treat physical harm;	378

(2) Reasonable and necessary costs of cleaning the scene and	379
repairing, for the purpose of personal security, property damaged	380
at the scene where the criminally injurious conduct occurred, not	381
to exceed seven hundred fifty dollars in the aggregate per claim.	382

(U) "Cost of evidence replacement" means costs for	383
replacement of property confiscated for evidentiary purposes	384
related to the criminally injurious conduct, not to exceed seven	385
hundred fifty dollars in the aggregate per claim.	386

(V) "Provider" means any person who provides a victim or	387
claimant with a product, service, or accommodations that are an	388
allowable expense or a funeral expense.	389

(W) "Immediate family member" means an individual who resided	390
in the same permanent household as a victim at the time of the	391
criminally injurious conduct and who is related to the victim by	392
affinity or consanguinity.	393

(X) "Family member" means an individual who is related to a	394
victim by affinity or consanguinity.	395

(Y) "Catastrophic disabling harm" means a severe physical	396
injury that causes a substantial and lifelong impairment to a	397
victim's ability to perform the necessary daily activities	398
required to care for one's self and maintain meaningful	399
employment.	400

(Z) "Catastrophic disability compensation" means compensation	401
for which a claimant is eligible due to catastrophic disabling	402
harm suffered by a victim.	403

Sec. 2743.60.  (A) The attorney general or the court of	404
claims shall not make or order an award of reparations to a	405
claimant if the criminally injurious conduct upon which the	406
claimant bases a claim never was reported to a law enforcement	407
officer or agency.	408

(B)(1) The attorney general or the court of claims shall not	409
make or order an award of reparations to a claimant if any of the	410
following apply:	411

(a) The claimant is the offender or an accomplice of the	412
offender who committed the criminally injurious conduct, or the	413
award would unjustly benefit the offender or accomplice.	414

(b) Except as provided in division (B)(2) of this section,	415
both of the following apply:	416

(i) The victim was a passenger in a motor vehicle and knew or	417
reasonably should have known that the driver was under the	418
influence of alcohol, a drug of abuse, or both.	419

(ii) The claimant is seeking compensation for injuries	420
proximately caused by the driver described in division	421
(B)(1)(b)(i) of this section being under the influence of alcohol,	422
a drug of abuse, or both.	423

(c) Both of the following apply:

424

(i) The victim was under the influence of alcohol, a drug of	425
abuse, or both and was a passenger in a motor vehicle and, if	426
sober, should have reasonably known that the driver was under the	427
influence of alcohol, a drug of abuse, or both.	428

(ii) The claimant is seeking compensation for injuries	429
proximately caused by the driver described in division	430
(B)(1)(b)(i) of this section being under the influence of alcohol,	431
a drug of abuse, or both.	432

(2) Division (B)(1)(b) of this section does not apply if on	433
the date of the occurrence of the criminally injurious conduct,	434
the victim was under sixteen years of age or was at least sixteen	435
years of age but less than eighteen years of age and was riding	436
with a parent, guardian, or care-provider.	437

(C) The attorney general or the court of claims, upon a	438
finding that the claimant or victim has not fully cooperated with	439
appropriate law enforcement agencies, may deny a claim or	440
reconsider and reduce an award of reparations.	441

(D) The attorney general or the court of claims shall reduce	442
an award of reparations or deny a claim for an award of	443
reparations that is otherwise payable to a claimant to the extent	444
that the economic loss upon which the claim is based is recouped	445
from other persons, including collateral sources. If an award is	446
reduced or a claim is denied because of the expected recoupment of	447
all or part of the economic loss of the claimant from a collateral	448
source, the amount of the award or the denial of the claim shall	449
be conditioned upon the claimant's economic loss being recouped by	450
the collateral source. If the award or denial is conditioned upon	451
the recoupment of the claimant's economic loss from a collateral	452
source and it is determined that the claimant did not unreasonably	453
fail to present a timely claim to the collateral source and will	454
not receive all or part of the expected recoupment, the claim may	455
be reopened and an award may be made in an amount equal to the	456
amount of expected recoupment that it is determined the claimant	457
will not receive from the collateral source.	458

If the claimant recoups all or part of the economic loss upon	459
which the claim is based from any other person or entity,	460
including a collateral source, the attorney general may recover	461
pursuant to section 2743.72 of the Revised Code the part of the	462
award that represents the economic loss for which the claimant	463
received the recoupment from the other person or entity.	464

(E)(1) Except as otherwise provided in division (E)(2) of	465
this section, the attorney general or the court of claims shall	466
not make an award to a claimant if any of the following applies:	467

(a) The victim was convicted of a felony within ten years	468
prior to the criminally injurious conduct that gave rise to the	469
claim or is convicted of a felony during the pendency of the	470
claim.	471

(b) The claimant was convicted of a felony within ten years	472
prior to the criminally injurious conduct that gave rise to the	473
claim or is convicted of a felony during the pendency of the	474
claim.	475

(c) It is proved by a preponderance of the evidence that the	476
victim or the claimant engaged, within ten years prior to the	477
criminally injurious conduct that gave rise to the claim or during	478
the pendency of the claim, in an offense of violence, a violation	479
of section 2925.03 of the Revised Code, or any substantially	480
similar offense that also would constitute a felony under the laws	481
of this state, another state, or the United States.	482

(d) The claimant was convicted of a violation of section	483
2919.22 or 2919.25 of the Revised Code, or of any state law or	484
municipal ordinance substantially similar to either section,	485
within ten years prior to the criminally injurious conduct that	486
gave rise to the claim or during the pendency of the claim.	487

(e) It is proved by a preponderance of the evidence that the	488
victim at the time of the criminally injurious conduct that gave	489
rise to the claim engaged in conduct that was a felony violation	490
of section 2925.11 of the Revised Code or engaged in any	491
substantially similar conduct that would constitute a felony under	492
the laws of this state, another state, or the United States.	493

(2) The attorney general or the court of claims may make an	494
award to a minor dependent of a deceased victim for dependent's	495
economic loss or for counseling pursuant to division (F)(2) of	496
section 2743.51 of the Revised Code if the minor dependent is not	497
ineligible under division (E)(1) of this section due to the minor	498
dependent's criminal history and if the victim was not killed	499
while engaging in illegal conduct that contributed to the	500
criminally injurious conduct that gave rise to the claim. For	501
purposes of this section, the use of illegal drugs by the deceased	502
victim shall not be deemed to have contributed to the criminally	503
injurious conduct that gave rise to the claim.	504

(F) In determining whether to make an award of reparations	505
pursuant to this section, the attorney general or the court of	506
claims shall consider whether there was contributory misconduct by	507
the victim or the claimant. The attorney general or the court of	508
claims shall reduce an award of reparations or deny a claim for an	509
award of reparations to the extent it is determined to be	510
reasonable because of the contributory misconduct of the claimant	511
or the victim.	512

When the attorney general decides whether a claim should be	513
denied because of an allegation of contributory misconduct, the	514
burden of proof on the issue of that alleged contributory	515
misconduct shall be upon the claimant, if either of the following	516
apply:	517

(1) The victim was convicted of a felony more than ten years	518
prior to the criminally injurious conduct that is the subject of	519
the claim or has a record of felony arrests under the laws of this	520
state, another state, or the United States.	521

(2) There is good cause to believe that the victim engaged in	522
an ongoing course of criminal conduct within five years or less of	523
the criminally injurious conduct that is the subject of the claim.	524

(G) The attorney general or the court of claims shall not	525
make an award of reparations to a claimant if the criminally	526
injurious conduct that caused the injury or death that is the	527
subject of the claim occurred to a victim who was an adult and	528
while the victim, after being convicted of or pleading guilty to	529
an offense, was serving a sentence of imprisonment in any	530
detention facility, as defined in section 2921.01 of the Revised	531
Code.	532

(H) If a claimant unreasonably fails to present a claim	533
timely to a source of benefits or advantages that would have been	534
a collateral source and that would have reimbursed the claimant	535
for all or a portion of a particular expense, the attorney general	536
or the court of claims may reduce an award of reparations or deny	537
a claim for an award of reparations to the extent that it is	538
reasonable to do so.	539

(I)(1) Reparations payable to a victim and to all other	540
claimants sustaining economic loss because of injury to or the	541
death of that victim shall not exceed fifty thousand dollars in	542
the aggregate. If the attorney general or the court of claims	543
reduces an award under division (F) of this section, the maximum	544
aggregate amount of reparations payable under this division shall	545
be reduced proportionately to the reduction under division (F) of	546
this section.	547

(2) After a victim exhausts the maximum allowable award	548
amount under division (I)(1) of this section, a claimant may apply	549
for catastrophic disability compensation for catastrophic	550
disabling harm sustained by the victim as a result of criminally	551
injurious conduct that gave rise to the claim pursuant to section	552
2743.611 of the Revised Code.	553

(J) Nothing in this section shall be construed to prohibit an	554
award to a claimant whose claim is based on the claimant's being a	555
victim of a violation of section 2905.32 of the Revised Code if	556
the claimant was less than eighteen years of age when the	557
criminally injurious conduct occurred.	558

Sec. 2743.611. (A) Notwithstanding any award payable under	559
division (I) of section 2743.60 of the Revised Code, the attorney	560
general may award additional reparations to a claimant if a victim	561
suffers catastrophic disabling harm as a result of the injury	562
sustained from the criminally injurious conduct that gave rise to	563
the claim.	564

(B) The attorney general shall adopt rules under Chapter 119.	565
of the Revised Code that establish criteria for finding victims to	566
be eligible to receive catastrophic disability compensation under	567
this section.	568

(C)(1) The decision of the attorney general that the victim	569
is eligible for catastrophic disability compensation under this	570
section allows the claimant to be eligible for reparations of up	571
to ten thousand dollars per year. The year begins on the date the	572
attorney general issues the decision finding that the victim is	573
eligible for catastrophic disability compensation.	574

(2) The amount of the reparations under division (C)(1) of	575
this section is limited to reimbursement for reasonably necessary	576
medical products, medical services, and accommodations for medical	577
care and treatment for the catastrophic disabling harm suffered by	578
the victim.	579

(D) A victim shall exhaust the maximum allowable award amount	580
under division (I)(1) of section 2743.60 of the Revised Code	581
before the victim may apply for catastrophic disability	582
compensation. If the victim fails to exhaust the maximum allowable	583
award amount under division (I)(1) of section 2743.60 of the	584
Revised Code because a supplemental reparations application was	585
not filed within the time limit provided in section 2743.68 of the	586
Revised Code, the attorney general, for good cause shown, may	587
waive the time limit provided in that section to allow for an	588
application for a supplemental award to be made and the	589
supplemental award to be issued.	590

(E)(1) After a victim exhausts the maximum allowable award	591
amount under division (I)(1) of section 2743.60 of the Revised	592
Code, a claimant may apply for catastrophic disability	593
compensation. Upon receiving the application, the attorney general	594
shall determine whether the victim is eligible for an award of	595
catastrophic disability compensation based on the criteria for	596
eligibility in the rules adopted by the attorney general under	597
division (B) of this section.	598

(2) For the purpose of determining whether a victim is	599
eligible for catastrophic disability compensation, the attorney	600
general shall fully investigate the victim's injury resulting from	601
the criminally injurious conduct that gave rise to the claim to	602
determine if the victim suffered catastrophic disabling harm.	603
Throughout the investigation under this division, the attorney	604
general may utilize any investigative authority provided in	605
section 2743.59 of the Revised Code.	606

(3) Within ninety days after receiving the application under	607
division (E)(1) of this section, the attorney general shall issue	608
a decision that finds that the victim is either eligible, or not	609
eligible, for catastrophic disability compensation. The attorney	610
general may extend the ninety-day period under this division and,	611
if the period is so extended, shall notify the claimant in writing	612
of the extension and the specific reason for the extension.	613

(4) The decision of the attorney general under division	614
(E)(3) of this section shall be in writing and served upon the	615
claimant by certified mail to the claimant's residence, return	616
receipt requested. The decision shall contain both of the	617
following:	618

(a) A statement of the finding of whether the victim is	619
eligible, or not eligible, for catastrophic disability	620
compensation;	621

(b) A summary stating the nature of the victim's injury and	622
how the injury is related to the criminally injurious conduct that	623
gave rise to the claim.	624

(F)(1) If the decision of the attorney general under division	625
(E)(4) of this section is that the victim is eligible for	626
catastrophic disability compensation, the claimant may submit to	627
the attorney general any documentation and other evidence of	628
necessary medical products, medical services, and accommodations	629
for medical care and treatment for the catastrophic disabling harm	630
suffered by the victim.	631

(2) The decision of the attorney general that the victim is	632
eligible for catastrophic disability compensation is valid for one	633
year after the date of the decision unless the attorney general	634
determines, within that one-year period, that the victim is no	635
longer suffering from the catastrophic disabling harm sustained	636
from the criminally injurious conduct that gave rise to the claim.	637

(G)(1) After the decision of the attorney general that the	638
victim is eligible for catastrophic disability compensation	639
expires under division (F)(2) of this section, the claimant may	640
apply for supplemental catastrophic disability compensation. The	641
attorney general shall determine the victim's eligibility for	642
supplemental catastrophic disability compensation in the same	643
manner as the attorney general determines the application for	644
catastrophic disability compensation under division (E) of this	645
section.	646

(2) The claimant may continue to apply for supplemental	647
catastrophic disability compensation for as long as the victim is	648
suffering from the catastrophic disabling harm sustained from the	649
criminally injurious conduct that gave rise to the claim. The	650
amount of the reparations for supplemental catastrophic disability	651
compensation shall not exceed ten thousand dollars in any	652
twelve-month period following the attorney general's most recent	653
determination that the victim is eligible for supplemental	654
catastrophic disability compensation.	655

(3) The amount of the reparations under division (G)(2) of	656
this section is limited to reimbursement for reasonably necessary	657
medical products, medical services, and accommodations for medical	658
care and treatment for the catastrophic disabling harm suffered by	659
the victim.	660

(H)(1) If the attorney general denies the application under	661
division (E) of this section upon a finding that the victim is not	662
eligible for catastrophic disability compensation, the claimant	663
may request a hearing within thirty days of the denial of the	664
application. The attorney general shall schedule a hearing within	665
thirty days of the claimant's request.	666

(2) The attorney general shall appoint a hearing officer to	667
conduct the hearing under division (H)(1) of this section. An	668
administrative hearing conducted under that division is not	669
subject to section 121.22 of the Revised Code.	670

(3) The hearing officer shall issue its recommendations to	671
the attorney general within ten days after the date the hearing	672
concludes. The attorney general shall issue a decision within ten	673
days after receiving the hearing officer's recommendations. The	674
decision of the attorney general is final, and shall be served on	675
the claimant by certified mail to the claimant's residence, return	676
receipt requested.	677

(4) If the decision of the attorney general under division	678
(H)(3) of this section is that the victim is eligible for	679
catastrophic disability compensation, divisions (E) to (G) of this	680
section apply.	681

Sec. 2743.65.  (A) The attorney general shall determine, and	682
the state shall pay, in accordance with this section attorney's	683
fees, commensurate with services rendered, to the attorney	684
representing a claimant under sections 2743.51 to 2743.72 of the	685
Revised Code. The attorney shall submit on an application form an	686
itemized fee bill at the rate of sixty dollars per hour upon	687
receipt of the final decision on the claim. Attorney's fees paid	688
pursuant to this section are subject to the following maximum	689
amounts:	690

(1) A maximum of seven hundred twenty dollars for claims	691
resolved without the filing of an appeal to the court of claims;	692

(2) A maximum of one thousand twenty dollars for claims in	693
which an appeal to the court of claims is filed plus, at the	694
request of an attorney whose main office is not in Franklin	695
county, Delaware county, Licking county, Fairfield county,	696
Pickaway county, Madison county, or Union county, an amount for	697
the attorney's travel time to attend the oral hearing before the	698
court of claims at the rate of thirty dollars per hour;	699

(3) A maximum of one thousand three hundred twenty dollars	700
for claims in which an appeal to the court of claims is filed	701
plus, at the request of an attorney whose main office is not in	702
Franklin county, Delaware county, Licking county, Fairfield	703
county, Pickaway county, Madison county, or Union county, an	704
amount for the attorney's travel time to attend the oral hearing	705
before the court at the rate of thirty dollars per hour;	706

(4) A maximum of seven hundred twenty dollars for a	707
supplemental reparations application;	708

(5)(4) A maximum of two hundred dollars if the claim is	709
denied on the basis of a claimant's or victim's conviction of a	710
felony offense prior to the filing of the claim. If the claimant	711
or victim is convicted of a felony offense during the pendency of	712
the claim, the two hundred dollars maximum does not apply. If the	713
attorney had knowledge of the claimant's or victim's felony	714
conviction prior to the filing of the application for the claim,	715
the attorney general may determine that the filing of the claim	716
was frivolous and may deny attorney's fees;	717

(5) A maximum of two hundred fifty dollars for submitting an	718
application for catastrophic disability compensation if the	719
application results in the issuance of an award;	720

(6) A maximum of two hundred fifty dollars for an application	721
for catastrophic disability compensation in which an	722
administrative hearing is requested and held pursuant to division	723
(H) of section 2743.611 of the Revised Code and the decision of	724
the attorney general is that an award will be issued.	725

(B) The attorney general may determine that an attorney be	726
reimbursed for fees incurred in the creation of a guardianship if	727
the guardianship is required in order for an individual to receive	728
an award of reparations, and those fees shall be reimbursed at a	729
rate of sixty dollars per hour.	730

(C)(1) The attorney general shall forward an application form	731
for attorney's fees to a claimant's attorney before or when the	732
final decision on a claim is rendered. The application form for	733
attorney's fees shall do all of the following:	734

(a) Inform the attorney of the requirements of this section;

735

(b) Require a verification statement comporting with the law	736
prohibiting falsification;	737

(c) Require an itemized fee statement;

738

(d) Require a verification statement that the claimant was	739
served a copy of the completed application form;	740

(e) Include notice that the claimant may oppose the	741
application by notifying the attorney general in writing within	742
ten days.	743

(2) The attorney general shall forward a copy of this section	744
to the attorney with the application form for attorney's fees. The	745
attorney shall file the application form with the attorney	746
general. The attorney general's decision with respect to an award	747
of attorney's fees is final ten days after the attorney general	748
renders the decision and mails a copy of the decision to the	749
attorney at the address provided by the attorney. The attorney may	750
request reconsideration of the decision on grounds that it is	751
insufficient or calculated incorrectly. The attorney general's	752
decision on the request for reconsideration is final.	753

(D) The attorney general shall review all application forms	754
for attorney's fees that are submitted by a claimant's attorney	755
and shall issue an order approving the amount of fees to be paid	756
to the attorney within sixty days after receipt of the application	757
form.	758

(E) No attorney's fees shall be paid for the following:

759

(1) Estate work or representation of a claimant against a	760
collateral source;	761

(2) Duplication of investigative work required to be	762
performed by the attorney general;	763

(3) Performance of unnecessary criminal investigation of the	764
offense;	765

(4) Presenting or appealing an issue that has been repeatedly	766
ruled upon by the highest appellate authority, unless a unique set	767
of facts or unique issue of law exists that distinguishes it;	768

(5) A fee request that is unreasonable, is not commensurate	769
with services rendered, violates the Ohio code of professional	770
responsibility, or is based upon services that are determined to	771
be frivolous.	772

(F)(1) The attorney general may reduce or deny the payment of	773
attorney's fees to an attorney who has filed a frivolous claim.	774
Subject to division (A)(5) of this section, the denial of a claim	775
on the basis of a felony conviction, felony conduct, or	776
contributory misconduct does not constitute a frivolous claim.	777

(2) As used in this section, "frivolous claim" means a claim	778
in which there is clearly no legal grounds under the existing laws	779
of this state to support the filing of a claim on behalf of the	780
claimant or victim.	781

(G) The attorney general may determine that a lesser number	782
of hours should have been required in a given case. Additional	783
reimbursement may be made where the attorney demonstrates to the	784
attorney general that the nature of the particular claim required	785
the expenditure of an amount in excess of that allowed.	786

(H) No attorney shall receive payment under this section for	787
assisting a claimant with an application for an award of	788
reparations under sections 2743.51 to 2743.72 of the Revised Code	789
if that attorney's fees have been allowed as an expense in	790
accordance with division (F)(4) of section 2743.51 of the Revised	791
Code.	792

(I) A contract or other agreement between an attorney and any	793
person that provides for the payment of attorney's fees or other	794
payments in excess of the attorney's fees allowed under this	795
section for representing a claimant under sections 2743.51 to	796
2743.72 of the Revised Code shall be void and unenforceable.	797

(J) Each witness who appears in a hearing on a claim for an	798
award of reparations shall receive compensation in an amount equal	799
to that received by witnesses under section 119.094 of the Revised	800
Code.	801

(K) If a claimant challenges the attorney general's final	802
decision under section 2743.611 of the Revised Code that a victim	803
is not eligible for catastrophic disability compensation by	804
initiating a mandamus action in the court of common pleas and the	805
action results in an award for catastrophic disability	806
compensation being issued to the claimant, the attorney general	807
shall pay the claimant's reasonable attorney's fees and court	808
costs. Any attorney's fees and court costs paid under this	809
division shall be construed as remedial and not punitive.	810

Sec. 2929.01.  As used in this chapter:

811

(A)(1) "Alternative residential facility" means, subject to	812
division (A)(2) of this section, any facility other than an	813
offender's home or residence in which an offender is assigned to	814
live and that satisfies all of the following criteria:	815

(a) It provides programs through which the offender may seek	816
or maintain employment or may receive education, training,	817
treatment, or habilitation.	818

(b) It has received the appropriate license or certificate	819
for any specialized education, training, treatment, habilitation,	820
or other service that it provides from the government agency that	821
is responsible for licensing or certifying that type of education,	822
training, treatment, habilitation, or service.	823

(2) "Alternative residential facility" does not include a	824
community-based correctional facility, jail, halfway house, or	825
prison.	826

(B) "Basic probation supervision" means a requirement that	827
the offender maintain contact with a person appointed to supervise	828
the offender in accordance with sanctions imposed by the court or	829
imposed by the parole board pursuant to section 2967.28 of the	830
Revised Code. "Basic probation supervision" includes basic parole	831
supervision and basic post-release control supervision.	832

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	833
same meanings as in section 2925.01 of the Revised Code.	834

(D) "Community-based correctional facility" means a	835
community-based correctional facility and program or district	836
community-based correctional facility and program developed	837
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	838

(E) "Community control sanction" means a sanction that is not	839
a prison term and that is described in section 2929.15, 2929.16,	840
2929.17, or 2929.18 of the Revised Code or a sanction that is not	841
a jail term and that is described in section 2929.26, 2929.27, or	842
2929.28 of the Revised Code. "Community control sanction" includes	843
probation if the sentence involved was imposed for a felony that	844
was committed prior to July 1, 1996, or if the sentence involved	845
was imposed for a misdemeanor that was committed prior to January	846
1, 2004.	847

(F) "Controlled substance," "marihuana," "schedule I," and	848
"schedule II" have the same meanings as in section 3719.01 of the	849
Revised Code.	850

(G) "Curfew" means a requirement that an offender during a	851
specified period of time be at a designated place.	852

(H) "Day reporting" means a sanction pursuant to which an	853
offender is required each day to report to and leave a center or	854
other approved reporting location at specified times in order to	855
participate in work, education or training, treatment, and other	856
approved programs at the center or outside the center.	857

(I) "Deadly weapon" has the same meaning as in section	858
2923.11 of the Revised Code.	859

(J) "Drug and alcohol use monitoring" means a program under	860
which an offender agrees to submit to random chemical analysis of	861
the offender's blood, breath, or urine to determine whether the	862
offender has ingested any alcohol or other drugs.	863

(K) "Drug treatment program" means any program under which a	864
person undergoes assessment and treatment designed to reduce or	865
completely eliminate the person's physical or emotional reliance	866
upon alcohol, another drug, or alcohol and another drug and under	867
which the person may be required to receive assessment and	868
treatment on an outpatient basis or may be required to reside at a	869
facility other than the person's home or residence while	870
undergoing assessment and treatment.	871

(L) "Economic loss" means any economic detriment suffered by	872
a victim as a direct and proximate result of the commission of an	873
offense and includes any loss of income due to lost time at work	874
because of any injury caused to the victim, and any property loss,	875
medical cost, or funeral expense incurred as a result of the	876
commission of the offense. "Economic loss" does not include	877
non-economic loss or any punitive or exemplary damages.	878

(M) "Education or training" includes study at, or in	879
conjunction with a program offered by, a university, college, or	880
technical college or vocational study and also includes the	881
completion of primary school, secondary school, and literacy	882
curricula or their equivalent.	883

(N) "Firearm" has the same meaning as in section 2923.11 of	884
the Revised Code.	885

(O) "Halfway house" means a facility licensed by the division	886
of parole and community services of the department of	887
rehabilitation and correction pursuant to section 2967.14 of the	888
Revised Code as a suitable facility for the care and treatment of	889
adult offenders.	890

(P) "House arrest" means a period of confinement of an	891
offender that is in the offender's home or in other premises	892
specified by the sentencing court or by the parole board pursuant	893
to section 2967.28 of the Revised Code and during which all of the	894
following apply:	895

(1) The offender is required to remain in the offender's home	896
or other specified premises for the specified period of	897
confinement, except for periods of time during which the offender	898
is at the offender's place of employment or at other premises as	899
authorized by the sentencing court or by the parole board.	900

(2) The offender is required to report periodically to a	901
person designated by the court or parole board.	902

(3) The offender is subject to any other restrictions and	903
requirements that may be imposed by the sentencing court or by the	904
parole board.	905

(Q) "Intensive probation supervision" means a requirement	906
that an offender maintain frequent contact with a person appointed	907
by the court, or by the parole board pursuant to section 2967.28	908
of the Revised Code, to supervise the offender while the offender	909
is seeking or maintaining necessary employment and participating	910
in training, education, and treatment programs as required in the	911
court's or parole board's order. "Intensive probation supervision"	912
includes intensive parole supervision and intensive post-release	913
control supervision.	914

(R) "Jail" means a jail, workhouse, minimum security jail, or	915
other residential facility used for the confinement of alleged or	916
convicted offenders that is operated by a political subdivision or	917
a combination of political subdivisions of this state.	918

(S) "Jail term" means the term in a jail that a sentencing	919
court imposes or is authorized to impose pursuant to section	920
2929.24 or 2929.25 of the Revised Code or pursuant to any other	921
provision of the Revised Code that authorizes a term in a jail for	922
a misdemeanor conviction.	923

(T) "Mandatory jail term" means the term in a jail that a	924
sentencing court is required to impose pursuant to division (G) of	925
section 1547.99 of the Revised Code, division (E) of section	926
2903.06 or division (D) of section 2903.08 of the Revised Code,	927
division (E) or (G) of section 2929.24 of the Revised Code,	928
division (B) of section 4510.14 of the Revised Code, or division	929
(G) of section 4511.19 of the Revised Code or pursuant to any	930
other provision of the Revised Code that requires a term in a jail	931
for a misdemeanor conviction.	932

(U) "Delinquent child" has the same meaning as in section	933
2152.02 of the Revised Code.	934

(V) "License violation report" means a report that is made by	935
a sentencing court, or by the parole board pursuant to section	936
2967.28 of the Revised Code, to the regulatory or licensing board	937
or agency that issued an offender a professional license or a	938
license or permit to do business in this state and that specifies	939
that the offender has been convicted of or pleaded guilty to an	940
offense that may violate the conditions under which the offender's	941
professional license or license or permit to do business in this	942
state was granted or an offense for which the offender's	943
professional license or license or permit to do business in this	944
state may be revoked or suspended.	945

(W) "Major drug offender" means an offender who is convicted	946
of or pleads guilty to the possession of, sale of, or offer to	947
sell any drug, compound, mixture, preparation, or substance that	948
consists of or contains at least one thousand grams of hashish; at	949
least one hundred grams of cocaine; at least two thousand five	950
hundred unit doses or two hundred fifty grams of heroin; at least	951
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	952
in a liquid concentrate, liquid extract, or liquid distillate	953
form; at least fifty grams of a controlled substance analog; or at	954
least one hundred times the amount of any other schedule I or II	955
controlled substance other than marihuana that is necessary to	956
commit a felony of the third degree pursuant to section 2925.03,	957
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	958
the possession of, sale of, or offer to sell the controlled	959
substance.	960

(X) "Mandatory prison term" means any of the following:

961

(1) Subject to division (X)(2) of this section, the term in	962
prison that must be imposed for the offenses or circumstances set	963
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	964
2929.13 and division (B) of section 2929.14 of the Revised Code.	965
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	966
and 2925.11 of the Revised Code, unless the maximum or another	967
specific term is required under section 2929.14 or 2929.142 of the	968
Revised Code, a mandatory prison term described in this division	969
may be any prison term authorized for the level of offense.	970

(2) The term of sixty or one hundred twenty days in prison	971
that a sentencing court is required to impose for a third or	972
fourth degree felony OVI offense pursuant to division (G)(2) of	973
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	974
of the Revised Code or the term of one, two, three, four, or five	975
years in prison that a sentencing court is required to impose	976
pursuant to division (G)(2) of section 2929.13 of the Revised	977
Code.	978

(3) The term in prison imposed pursuant to division (A) of	979
section 2971.03 of the Revised Code for the offenses and in the	980
circumstances described in division (F)(11) of section 2929.13 of	981
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	982
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	983
2971.03 of the Revised Code and that term as modified or	984
terminated pursuant to section 2971.05 of the Revised Code.	985

(Y) "Monitored time" means a period of time during which an	986
offender continues to be under the control of the sentencing court	987
or parole board, subject to no conditions other than leading a	988
law-abiding life.	989

(Z) "Offender" means a person who, in this state, is	990
convicted of or pleads guilty to a felony or a misdemeanor.	991

(AA) "Prison" means a residential facility used for the	992
confinement of convicted felony offenders that is under the	993
control of the department of rehabilitation and correction but	994
does not include a violation sanction center operated under	995
authority of section 2967.141 of the Revised Code.	996

(BB) "Prison term" includes either of the following sanctions	997
for an offender:	998

(1) A stated prison term;

999

(2) A term in a prison shortened by, or with the approval of,	1000
the sentencing court pursuant to section 2929.143, 2929.20,	1001
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	1002

(CC) "Repeat violent offender" means a person about whom both	1003
of the following apply:	1004

(1) The person is being sentenced for committing or for	1005
complicity in committing any of the following:	1006

(a) Aggravated murder, murder, any felony of the first or	1007
second degree that is an offense of violence, or an attempt to	1008
commit any of these offenses if the attempt is a felony of the	1009
first or second degree;	1010

(b) An offense under an existing or former law of this state,	1011
another state, or the United States that is or was substantially	1012
equivalent to an offense described in division (CC)(1)(a) of this	1013
section.	1014

(2) The person previously was convicted of or pleaded guilty	1015
to an offense described in division (CC)(1)(a) or (b) of this	1016
section.	1017

(DD) "Sanction" means any penalty imposed upon an offender	1018
who is convicted of or pleads guilty to an offense, as punishment	1019
for the offense. "Sanction" includes any sanction imposed pursuant	1020
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1021
2929.28 of the Revised Code.	1022

(EE) "Sentence" means the sanction or combination of	1023
sanctions imposed by the sentencing court on an offender who is	1024
convicted of or pleads guilty to an offense.	1025

(FF) "Stated prison term" means the prison term, mandatory	1026
prison term, or combination of all prison terms and mandatory	1027
prison terms imposed by the sentencing court pursuant to section	1028
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1029
2919.25 of the Revised Code. "Stated prison term" includes any	1030
credit received by the offender for time spent in jail awaiting	1031
trial, sentencing, or transfer to prison for the offense and any	1032
time spent under house arrest or house arrest with electronic	1033
monitoring imposed after earning credits pursuant to section	1034
2967.193 of the Revised Code. If an offender is serving a prison	1035
term as a risk reduction sentence under sections 2929.143 and	1036
5120.036 of the Revised Code, "stated prison term" includes any	1037
period of time by which the prison term imposed upon the offender	1038
is shortened by the offender's successful completion of all	1039
assessment and treatment or programming pursuant to those	1040
sections.	1041

(GG) "Victim-offender mediation" means a reconciliation or	1042
mediation program that involves an offender and the victim of the	1043
offense committed by the offender and that includes a meeting in	1044
which the offender and the victim may discuss the offense, discuss	1045
restitution, and consider other sanctions for the offense.	1046

(HH) "Fourth degree felony OVI offense" means a violation of	1047
division (A) of section 4511.19 of the Revised Code that, under	1048
division (G) of that section, is a felony of the fourth degree.	1049

(II) "Mandatory term of local incarceration" means the term	1050
of sixty or one hundred twenty days in a jail, a community-based	1051
correctional facility, a halfway house, or an alternative	1052
residential facility that a sentencing court may impose upon a	1053
person who is convicted of or pleads guilty to a fourth degree	1054
felony OVI offense pursuant to division (G)(1) of section 2929.13	1055
of the Revised Code and division (G)(1)(d) or (e) of section	1056
4511.19 of the Revised Code.	1057

(JJ) "Designated homicide, assault, or kidnapping offense,"	1058
"violent sex offense," "sexual motivation specification,"	1059
"sexually violent offense," "sexually violent predator," and	1060
"sexually violent predator specification" have the same meanings	1061
as in section 2971.01 of the Revised Code.	1062

(KK) "Sexually oriented offense," "child-victim oriented	1063
offense," and "tier III sex offender/child-victim offender" have	1064
the same meanings as in section 2950.01 of the Revised Code.	1065

(LL) An offense is "committed in the vicinity of a child" if	1066
the offender commits the offense within thirty feet of or within	1067
the same residential unit as a child who is under eighteen years	1068
of age, regardless of whether the offender knows the age of the	1069
child or whether the offender knows the offense is being committed	1070
within thirty feet of or within the same residential unit as the	1071
child and regardless of whether the child actually views the	1072
commission of the offense.	1073

(MM) "Family or household member" has the same meaning as in	1074
section 2919.25 of the Revised Code.	1075

(NN) "Motor vehicle" and "manufactured home" have the same	1076
meanings as in section 4501.01 of the Revised Code.	1077

(OO) "Detention" and "detention facility" have the same	1078
meanings as in section 2921.01 of the Revised Code.	1079

(PP) "Third degree felony OVI offense" means a violation of	1080
division (A) of section 4511.19 of the Revised Code that, under	1081
division (G) of that section, is a felony of the third degree.	1082

(QQ) "Random drug testing" has the same meaning as in section	1083
5120.63 of the Revised Code.	1084

(RR) "Felony sex offense" has the same meaning as in section	1085
2967.28 of the Revised Code.	1086

(SS) "Body armor" has the same meaning as in section	1087
2941.1411 of the Revised Code.	1088

(TT) "Electronic monitoring" means monitoring through the use	1089
of an electronic monitoring device.	1090

(UU) "Electronic monitoring device" means any of the	1091
following:	1092

(1) Any device that can be operated by electrical or battery	1093
power and that conforms with all of the following:	1094

(a) The device has a transmitter that can be attached to a	1095
person, that will transmit a specified signal to a receiver of the	1096
type described in division (UU)(1)(b) of this section if the	1097
transmitter is removed from the person, turned off, or altered in	1098
any manner without prior court approval in relation to electronic	1099
monitoring or without prior approval of the department of	1100
rehabilitation and correction in relation to the use of an	1101
electronic monitoring device for an inmate on transitional control	1102
or otherwise is tampered with, that can transmit continuously and	1103
periodically a signal to that receiver when the person is within a	1104
specified distance from the receiver, and that can transmit an	1105
appropriate signal to that receiver if the person to whom it is	1106
attached travels a specified distance from that receiver.	1107

(b) The device has a receiver that can receive continuously	1108
the signals transmitted by a transmitter of the type described in	1109
division (UU)(1)(a) of this section, can transmit continuously	1110
those signals by a wireless or landline telephone connection to a	1111
central monitoring computer of the type described in division	1112
(UU)(1)(c) of this section, and can transmit continuously an	1113
appropriate signal to that central monitoring computer if the	1114
device has been turned off or altered without prior court approval	1115
or otherwise tampered with. The device is designed specifically	1116
for use in electronic monitoring, is not a converted wireless	1117
phone or another tracking device that is clearly not designed for	1118
electronic monitoring, and provides a means of text-based or voice	1119
communication with the person.	1120

(c) The device has a central monitoring computer that can	1121
receive continuously the signals transmitted by a wireless or	1122
landline telephone connection by a receiver of the type described	1123
in division (UU)(1)(b) of this section and can monitor	1124
continuously the person to whom an electronic monitoring device of	1125
the type described in division (UU)(1)(a) of this section is	1126
attached.	1127

(2) Any device that is not a device of the type described in	1128
division (UU)(1) of this section and that conforms with all of the	1129
following:	1130

(a) The device includes a transmitter and receiver that can	1131
monitor and determine the location of a subject person at any	1132
time, or at a designated point in time, through the use of a	1133
central monitoring computer or through other electronic means.	1134

(b) The device includes a transmitter and receiver that can	1135
determine at any time, or at a designated point in time, through	1136
the use of a central monitoring computer or other electronic means	1137
the fact that the transmitter is turned off or altered in any	1138
manner without prior approval of the court in relation to the	1139
electronic monitoring or without prior approval of the department	1140
of rehabilitation and correction in relation to the use of an	1141
electronic monitoring device for an inmate on transitional control	1142
or otherwise is tampered with.	1143

(3) Any type of technology that can adequately track or	1144
determine the location of a subject person at any time and that is	1145
approved by the director of rehabilitation and correction,	1146
including, but not limited to, any satellite technology, voice	1147
tracking system, or retinal scanning system that is so approved.	1148

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1149
a victim of an offense as a result of or related to the commission	1150
of the offense, including, but not limited to, pain and suffering;	1151
loss of society, consortium, companionship, care, assistance,	1152
attention, protection, advice, guidance, counsel, instruction,	1153
training, or education; mental anguish; and any other intangible	1154
loss.	1155

(WW) "Prosecutor" has the same meaning as in section 2935.01	1156
of the Revised Code.	1157

(XX) "Continuous alcohol monitoring" means the ability to	1158
automatically test and periodically transmit alcohol consumption	1159
levels and tamper attempts at least every hour, regardless of the	1160
location of the person who is being monitored.	1161

(YY) A person is "adjudicated a sexually violent predator" if	1162
the person is convicted of or pleads guilty to a violent sex	1163
offense and also is convicted of or pleads guilty to a sexually	1164
violent predator specification that was included in the	1165
indictment, count in the indictment, or information charging that	1166
violent sex offense or if the person is convicted of or pleads	1167
guilty to a designated homicide, assault, or kidnapping offense	1168
and also is convicted of or pleads guilty to both a sexual	1169
motivation specification and a sexually violent predator	1170
specification that were included in the indictment, count in the	1171
indictment, or information charging that designated homicide,	1172
assault, or kidnapping offense.	1173

(ZZ) An offense is "committed in proximity to a school" if	1174
the offender commits the offense in a school safety zone or within	1175
five hundred feet of any school building or the boundaries of any	1176
school premises, regardless of whether the offender knows the	1177
offense is being committed in a school safety zone or within five	1178
hundred feet of any school building or the boundaries of any	1179
school premises.	1180

(AAA) "Human trafficking" means a scheme or plan to which all	1181
of the following apply:	1182

(1) Its object is to subject a victim or victims to	1183
involuntary servitude, as defined in section 2905.31 of the	1184
Revised Code, to compel a victim or victims to engage in sexual	1185
activity for hire, to engage in a performance that is obscene,	1186
sexually oriented, or nudity oriented, or to be a model or	1187
participant in the production of material that is obscene,	1188
sexually oriented, or nudity oriented.	1189

(2) It involves at least two felony offenses, whether or not	1190
there has been a prior conviction for any of the felony offenses,	1191
to which all of the following apply:	1192

(a) Each of the felony offenses is a violation of section	1193
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1194
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1195
(4), or (5) of section 2919.22 of the Revised Code or is a	1196
violation of a law of any state other than this state that is	1197
substantially similar to any of the sections or divisions of the	1198
Revised Code identified in this division.	1199

(b) At least one of the felony offenses was committed in this	1200
state.	1201

(c) The felony offenses are related to the same scheme or	1202
plan and are not isolated instances.	1203

(BBB) "Material," "nudity," "obscene," "performance," and	1204
"sexual activity" have the same meanings as in section 2907.01 of	1205
the Revised Code.	1206

(CCC) "Material that is obscene, sexually oriented, or nudity	1207
oriented" means any material that is obscene, that shows a person	1208
participating or engaging in sexual activity, masturbation, or	1209
bestiality, or that shows a person in a state of nudity.	1210

(DDD) "Performance that is obscene, sexually oriented, or	1211
nudity oriented" means any performance that is obscene, that shows	1212
a person participating or engaging in sexual activity,	1213
masturbation, or bestiality, or that shows a person in a state of	1214
nudity.	1215

(EEE) "Permanent disabling harm" means serious physical harm	1216
that results in permanent injury to the intellectual, physical, or	1217
sensory functions and that permanently and substantially impairs a	1218
person's ability to meet one or more of the ordinary demands of	1219
life, including the functions of caring for one's self, performing	1220
manual tasks, walking, seeing, hearing, speaking, breathing,	1221
learning, and working.	1222

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1223
or (G) of this section and unless a specific sanction is required	1224
to be imposed or is precluded from being imposed pursuant to law,	1225
a court that imposes a sentence upon an offender for a felony may	1226
impose any sanction or combination of sanctions on the offender	1227
that are provided in sections 2929.14 to 2929.18 of the Revised	1228
Code.	1229

If the offender is eligible to be sentenced to community	1230
control sanctions, the court shall consider the appropriateness of	1231
imposing a financial sanction pursuant to section 2929.18 of the	1232
Revised Code or a sanction of community service pursuant to	1233
section 2929.17 of the Revised Code as the sole sanction for the	1234
offense. Except as otherwise provided in this division, if the	1235
court is required to impose a mandatory prison term for the	1236
offense for which sentence is being imposed, the court also shall	1237
impose any financial sanction pursuant to section 2929.18 of the	1238
Revised Code that is required for the offense and may impose any	1239
other financial sanction pursuant to that section but may not	1240
impose any additional sanction or combination of sanctions under	1241
section 2929.16 or 2929.17 of the Revised Code.	1242

If the offender is being sentenced for a fourth degree felony	1243
OVI offense or for a third degree felony OVI offense, in addition	1244
to the mandatory term of local incarceration or the mandatory	1245
prison term required for the offense by division (G)(1) or (2) of	1246
this section, the court shall impose upon the offender a mandatory	1247
fine in accordance with division (B)(3) of section 2929.18 of the	1248
Revised Code and may impose whichever of the following is	1249
applicable:	1250

(1) For a fourth degree felony OVI offense for which sentence	1251
is imposed under division (G)(1) of this section, an additional	1252
community control sanction or combination of community control	1253
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1254
the court imposes upon the offender a community control sanction	1255
and the offender violates any condition of the community control	1256
sanction, the court may take any action prescribed in division (B)	1257
of section 2929.15 of the Revised Code relative to the offender,	1258
including imposing a prison term on the offender pursuant to that	1259
division.	1260

(2) For a third or fourth degree felony OVI offense for which	1261
sentence is imposed under division (G)(2) of this section, an	1262
additional prison term as described in division (B)(4) of section	1263
2929.14 of the Revised Code or a community control sanction as	1264
described in division (G)(2) of this section.	1265

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1266
section, if an offender is convicted of or pleads guilty to a	1267
felony of the fourth or fifth degree that is not an offense of	1268
violence or that is a qualifying assault offense, the court shall	1269
sentence the offender to a community control sanction of at least	1270
one year's duration if all of the following apply:	1271

(i) The offender previously has not been convicted of or	1272
pleaded guilty to a felony offense.	1273

(ii) The most serious charge against the offender at the time	1274
of sentencing is a felony of the fourth or fifth degree.	1275

(iii) If the court made a request of the department of	1276
rehabilitation and correction pursuant to division (B)(1)(c) of	1277
this section, the department, within the forty-five-day period	1278
specified in that division, provided the court with the names of,	1279
contact information for, and program details of one or more	1280
community control sanctions of at least one year's duration that	1281
are available for persons sentenced by the court.	1282

(iv) The offender previously has not been convicted of or	1283
pleaded guilty to a misdemeanor offense of violence that the	1284
offender committed within two years prior to the offense for which	1285
sentence is being imposed.	1286

(b) The court has discretion to impose a prison term upon an	1287
offender who is convicted of or pleads guilty to a felony of the	1288
fourth or fifth degree that is not an offense of violence or that	1289
is a qualifying assault offense if any of the following apply:	1290

(i) The offender committed the offense while having a firearm	1291
on or about the offender's person or under the offender's control.	1292

(ii) If the offense is a qualifying assault offense, the	1293
offender caused serious physical harm to another person while	1294
committing the offense, and, if the offense is not a qualifying	1295
assault offense, the offender caused physical harm to another	1296
person while committing the offense.	1297

(iii) The offender violated a term of the conditions of bond	1298
as set by the court.	1299

(iv) The court made a request of the department of	1300
rehabilitation and correction pursuant to division (B)(1)(c) of	1301
this section, and the department, within the forty-five-day period	1302
specified in that division, did not provide the court with the	1303
name of, contact information for, and program details of any	1304
community control sanction of at least one year's duration that is	1305
available for persons sentenced by the court.	1306

(v) The offense is a sex offense that is a fourth or fifth	1307
degree felony violation of any provision of Chapter 2907. of the	1308
Revised Code.	1309

(vi) In committing the offense, the offender attempted to	1310
cause or made an actual threat of physical harm to a person with a	1311
deadly weapon.	1312

(vii) In committing the offense, the offender attempted to	1313
cause or made an actual threat of physical harm to a person, and	1314
the offender previously was convicted of an offense that caused	1315
physical harm to a person.	1316

(viii) The offender held a public office or position of	1317
trust, and the offense related to that office or position; the	1318
offender's position obliged the offender to prevent the offense or	1319
to bring those committing it to justice; or the offender's	1320
professional reputation or position facilitated the offense or was	1321
likely to influence the future conduct of others.	1322

(ix) The offender committed the offense for hire or as part	1323
of an organized criminal activity.	1324

(x) The offender at the time of the offense was serving, or	1325
the offender previously had served, a prison term.	1326

(xi) The offender committed the offense while under a	1327
community control sanction, while on probation, or while released	1328
from custody on a bond or personal recognizance.	1329

(c) If a court that is sentencing an offender who is	1330
convicted of or pleads guilty to a felony of the fourth or fifth	1331
degree that is not an offense of violence or that is a qualifying	1332
assault offense believes that no community control sanctions are	1333
available for its use that, if imposed on the offender, will	1334
adequately fulfill the overriding principles and purposes of	1335
sentencing, the court shall contact the department of	1336
rehabilitation and correction and ask the department to provide	1337
the court with the names of, contact information for, and program	1338
details of one or more community control sanctions of at least one	1339
year's duration that are available for persons sentenced by the	1340
court. Not later than forty-five days after receipt of a request	1341
from a court under this division, the department shall provide the	1342
court with the names of, contact information for, and program	1343
details of one or more community control sanctions of at least one	1344
year's duration that are available for persons sentenced by the	1345
court, if any. Upon making a request under this division that	1346
relates to a particular offender, a court shall defer sentencing	1347
of that offender until it receives from the department the names	1348
of, contact information for, and program details of one or more	1349
community control sanctions of at least one year's duration that	1350
are available for persons sentenced by the court or for forty-five	1351
days, whichever is the earlier.	1352

If the department provides the court with the names of,	1353
contact information for, and program details of one or more	1354
community control sanctions of at least one year's duration that	1355
are available for persons sentenced by the court within the	1356
forty-five-day period specified in this division, the court shall	1357
impose upon the offender a community control sanction under	1358
division (B)(1)(a) of this section, except that the court may	1359
impose a prison term under division (B)(1)(b) of this section if a	1360
factor described in division (B)(1)(b)(i) or (ii) of this section	1361
applies. If the department does not provide the court with the	1362
names of, contact information for, and program details of one or	1363
more community control sanctions of at least one year's duration	1364
that are available for persons sentenced by the court within the	1365
forty-five-day period specified in this division, the court may	1366
impose upon the offender a prison term under division	1367
(B)(1)(b)(iv) of this section.	1368

(d) A sentencing court may impose an additional penalty under	1369
division (B) of section 2929.15 of the Revised Code upon an	1370
offender sentenced to a community control sanction under division	1371
(B)(1)(a) of this section if the offender violates the conditions	1372
of the community control sanction, violates a law, or leaves the	1373
state without the permission of the court or the offender's	1374
probation officer.	1375

(2) If division (B)(1) of this section does not apply, except	1376
as provided in division (E), (F), or (G) of this section, in	1377
determining whether to impose a prison term as a sanction for a	1378
felony of the fourth or fifth degree, the sentencing court shall	1379
comply with the purposes and principles of sentencing under	1380
section 2929.11 of the Revised Code and with section 2929.12 of	1381
the Revised Code.	1382

(C) Except as provided in division (D), (E), (F), or (G) of	1383
this section, in determining whether to impose a prison term as a	1384
sanction for a felony of the third degree or a felony drug offense	1385
that is a violation of a provision of Chapter 2925. of the Revised	1386
Code and that is specified as being subject to this division for	1387
purposes of sentencing, the sentencing court shall comply with the	1388
purposes and principles of sentencing under section 2929.11 of the	1389
Revised Code and with section 2929.12 of the Revised Code.	1390

(D)(1) Except as provided in division (E) or (F) of this	1391
section, for a felony of the first or second degree, for a felony	1392
drug offense that is a violation of any provision of Chapter	1393
2925., 3719., or 4729. of the Revised Code for which a presumption	1394
in favor of a prison term is specified as being applicable, and	1395
for a violation of division (A)(4) or (B) of section 2907.05 of	1396
the Revised Code for which a presumption in favor of a prison term	1397
is specified as being applicable, it is presumed that a prison	1398
term is necessary in order to comply with the purposes and	1399
principles of sentencing under section 2929.11 of the Revised	1400
Code. Division (D)(2) of this section does not apply to a	1401
presumption established under this division for a violation of	1402
division (A)(4) of section 2907.05 of the Revised Code.	1403

(2) Notwithstanding the presumption established under	1404
division (D)(1) of this section for the offenses listed in that	1405
division other than a violation of division (A)(4) or (B) of	1406
section 2907.05 of the Revised Code, the sentencing court may	1407
impose a community control sanction or a combination of community	1408
control sanctions instead of a prison term on an offender for a	1409
felony of the first or second degree or for a felony drug offense	1410
that is a violation of any provision of Chapter 2925., 3719., or	1411
4729. of the Revised Code for which a presumption in favor of a	1412
prison term is specified as being applicable if it makes both of	1413
the following findings:	1414

(a) A community control sanction or a combination of	1415
community control sanctions would adequately punish the offender	1416
and protect the public from future crime, because the applicable	1417
factors under section 2929.12 of the Revised Code indicating a	1418
lesser likelihood of recidivism outweigh the applicable factors	1419
under that section indicating a greater likelihood of recidivism.	1420

(b) A community control sanction or a combination of	1421
community control sanctions would not demean the seriousness of	1422
the offense, because one or more factors under section 2929.12 of	1423
the Revised Code that indicate that the offender's conduct was	1424
less serious than conduct normally constituting the offense are	1425
applicable, and they outweigh the applicable factors under that	1426
section that indicate that the offender's conduct was more serious	1427
than conduct normally constituting the offense.	1428

(E)(1) Except as provided in division (F) of this section,	1429
for any drug offense that is a violation of any provision of	1430
Chapter 2925. of the Revised Code and that is a felony of the	1431
third, fourth, or fifth degree, the applicability of a presumption	1432
under division (D) of this section in favor of a prison term or of	1433
division (B) or (C) of this section in determining whether to	1434
impose a prison term for the offense shall be determined as	1435
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1436
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1437
Revised Code, whichever is applicable regarding the violation.	1438

(2) If an offender who was convicted of or pleaded guilty to	1439
a felony violates the conditions of a community control sanction	1440
imposed for the offense solely by reason of producing positive	1441
results on a drug test, the court, as punishment for the violation	1442
of the sanction, shall not order that the offender be imprisoned	1443
unless the court determines on the record either of the following:	1444

(a) The offender had been ordered as a sanction for the	1445
felony to participate in a drug treatment program, in a drug	1446
education program, or in narcotics anonymous or a similar program,	1447
and the offender continued to use illegal drugs after a reasonable	1448
period of participation in the program.	1449

(b) The imprisonment of the offender for the violation is	1450
consistent with the purposes and principles of sentencing set	1451
forth in section 2929.11 of the Revised Code.	1452

(3) A court that sentences an offender for a drug abuse	1453
offense that is a felony of the third, fourth, or fifth degree may	1454
require that the offender be assessed by a properly credentialed	1455
professional within a specified period of time. The court shall	1456
require the professional to file a written assessment of the	1457
offender with the court. If the offender is eligible for a	1458
community control sanction and after considering the written	1459
assessment, the court may impose a community control sanction that	1460
includes treatment and recovery support services authorized by	1461
section 3793.02 of the Revised Code. If the court imposes	1462
treatment and recovery support services as a community control	1463
sanction, the court shall direct the level and type of treatment	1464
and recovery support services after considering the assessment and	1465
recommendation of treatment and recovery support services	1466
providers.	1467

(F) Notwithstanding divisions (A) to (E) of this section, the	1468
court shall impose a prison term or terms under sections 2929.02	1469
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1470
of the Revised Code and except as specifically provided in section	1471
2929.20, divisions (C) to (I) of section 2967.19, or section	1472
2967.191 of the Revised Code or when parole is authorized for the	1473
offense under section 2967.13 of the Revised Code shall not reduce	1474
the term or terms pursuant to section 2929.20, section 2967.19,	1475
section 2967.193, or any other provision of Chapter 2967. or	1476
Chapter 5120. of the Revised Code for any of the following	1477
offenses:	1478

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

1479

(2) Any rape, regardless of whether force was involved and	1480
regardless of the age of the victim, or an attempt to commit rape	1481
if, had the offender completed the rape that was attempted, the	1482
offender would have been guilty of a violation of division	1483
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1484
sentenced under section 2971.03 of the Revised Code;	1485

(3) Gross sexual imposition or sexual battery, if the victim	1486
is less than thirteen years of age and if any of the following	1487
applies:	1488

(a) Regarding gross sexual imposition, the offender	1489
previously was convicted of or pleaded guilty to rape, the former	1490
offense of felonious sexual penetration, gross sexual imposition,	1491
or sexual battery, and the victim of the previous offense was less	1492
than thirteen years of age;	1493

(b) Regarding gross sexual imposition, the offense was	1494
committed on or after August 3, 2006, and evidence other than the	1495
testimony of the victim was admitted in the case corroborating the	1496
violation.	1497

(c) Regarding sexual battery, either of the following	1498
applies:	1499

(i) The offense was committed prior to August 3, 2006, the	1500
offender previously was convicted of or pleaded guilty to rape,	1501
the former offense of felonious sexual penetration, or sexual	1502
battery, and the victim of the previous offense was less than	1503
thirteen years of age.	1504

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

1505

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1506
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	1507
if the section requires the imposition of a prison term;	1508

(5) A first, second, or third degree felony drug offense for	1509
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1510
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1511
4729.99 of the Revised Code, whichever is applicable regarding the	1512
violation, requires the imposition of a mandatory prison term;	1513

(6) Any offense that is a first or second degree felony and	1514
that is not set forth in division (F)(1), (2), (3), or (4) of this	1515
section, if the offender previously was convicted of or pleaded	1516
guilty to aggravated murder, murder, any first or second degree	1517
felony, or an offense under an existing or former law of this	1518
state, another state, or the United States that is or was	1519
substantially equivalent to one of those offenses;	1520

(7) Any offense that is a third degree felony and either is a	1521
violation of section 2903.04 of the Revised Code or an attempt to	1522
commit a felony of the second degree that is an offense of	1523
violence and involved an attempt to cause serious physical harm to	1524
a person or that resulted in serious physical harm to a person if	1525
the offender previously was convicted of or pleaded guilty to any	1526
of the following offenses:	1527

(a) Aggravated murder, murder, involuntary manslaughter,	1528
rape, felonious sexual penetration as it existed under section	1529
2907.12 of the Revised Code prior to September 3, 1996, a felony	1530
of the first or second degree that resulted in the death of a	1531
person or in physical harm to a person, or complicity in or an	1532
attempt to commit any of those offenses;	1533

(b) An offense under an existing or former law of this state,	1534
another state, or the United States that is or was substantially	1535
equivalent to an offense listed in division (F)(7)(a) of this	1536
section that resulted in the death of a person or in physical harm	1537
to a person.	1538

(8) Any offense, other than a violation of section 2923.12 of	1539
the Revised Code, that is a felony, if the offender had a firearm	1540
on or about the offender's person or under the offender's control	1541
while committing the felony, with respect to a portion of the	1542
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	1543
of the Revised Code for having the firearm;	1544

(9) Any offense of violence that is a felony, if the offender	1545
wore or carried body armor while committing the felony offense of	1546
violence, with respect to the portion of the sentence imposed	1547
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	1548
Code for wearing or carrying the body armor;	1549

(10) Corrupt activity in violation of section 2923.32 of the	1550
Revised Code when the most serious offense in the pattern of	1551
corrupt activity that is the basis of the offense is a felony of	1552
the first degree;	1553

(11) Any violent sex offense or designated homicide, assault,	1554
or kidnapping offense if, in relation to that offense, the	1555
offender is adjudicated a sexually violent predator;	1556

(12) A violation of division (A)(1) or (2) of section 2921.36	1557
of the Revised Code, or a violation of division (C) of that	1558
section involving an item listed in division (A)(1) or (2) of that	1559
section, if the offender is an officer or employee of the	1560
department of rehabilitation and correction;	1561

(13) A violation of division (A)(1) or (2) of section 2903.06	1562
of the Revised Code if the victim of the offense is a peace	1563
officer, as defined in section 2935.01 of the Revised Code, or an	1564
investigator of the bureau of criminal identification and	1565
investigation, as defined in section 2903.11 of the Revised Code,	1566
with respect to the portion of the sentence imposed pursuant to	1567
division (B)(5) of section 2929.14 of the Revised Code;	1568

(14) A violation of division (A)(1) or (2) of section 2903.06	1569
of the Revised Code if the offender has been convicted of or	1570
pleaded guilty to three or more violations of division (A) or (B)	1571
of section 4511.19 of the Revised Code or an equivalent offense,	1572
as defined in section 2941.1415 of the Revised Code, or three or	1573
more violations of any combination of those divisions and	1574
offenses, with respect to the portion of the sentence imposed	1575
pursuant to division (B)(6) of section 2929.14 of the Revised	1576
Code;	1577

(15) Kidnapping, in the circumstances specified in section	1578
2971.03 of the Revised Code and when no other provision of	1579
division (F) of this section applies;	1580

(16) Kidnapping, abduction, compelling prostitution,	1581
promoting prostitution, engaging in a pattern of corrupt activity,	1582
illegal use of a minor in a nudity-oriented material or	1583
performance in violation of division (A)(1) or (2) of section	1584
2907.323 of the Revised Code, or endangering children in violation	1585
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	1586
the Revised Code, if the offender is convicted of or pleads guilty	1587
to a specification as described in section 2941.1422 of the	1588
Revised Code that was included in the indictment, count in the	1589
indictment, or information charging the offense;	1590

(17) A felony violation of division (A) or (B) of section	1591
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	1592
that section, and division (D)(6) of that section, require the	1593
imposition of a prison term;	1594

(18) A felony violation of section 2903.11, 2903.12, or	1595
2903.13 of the Revised Code, if the victim of the offense was a	1596
woman that the offender knew was pregnant at the time of the	1597
violation, with respect to a portion of the sentence imposed	1598
pursuant to division (B)(8) of section 2929.14 of the Revised	1599
Code;	1600

(19) Any offense of violence that is a felony, if the	1601
offender is convicted of or pleads guilty to a specification as	1602
described in section 2941.1424 of the Revised Code that was	1603
included in the indictment, count in the indictment, or	1604
information charging the offense.	1605

(G) Notwithstanding divisions (A) to (E) of this section, if	1606
an offender is being sentenced for a fourth degree felony OVI	1607
offense or for a third degree felony OVI offense, the court shall	1608
impose upon the offender a mandatory term of local incarceration	1609
or a mandatory prison term in accordance with the following:	1610

(1) If the offender is being sentenced for a fourth degree	1611
felony OVI offense and if the offender has not been convicted of	1612
and has not pleaded guilty to a specification of the type	1613
described in section 2941.1413 of the Revised Code, the court may	1614
impose upon the offender a mandatory term of local incarceration	1615
of sixty days or one hundred twenty days as specified in division	1616
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1617
not reduce the term pursuant to section 2929.20, 2967.193, or any	1618
other provision of the Revised Code. The court that imposes a	1619
mandatory term of local incarceration under this division shall	1620
specify whether the term is to be served in a jail, a	1621
community-based correctional facility, a halfway house, or an	1622
alternative residential facility, and the offender shall serve the	1623
term in the type of facility specified by the court. A mandatory	1624
term of local incarceration imposed under division (G)(1) of this	1625
section is not subject to any other Revised Code provision that	1626
pertains to a prison term except as provided in division (A)(1) of	1627
this section.	1628

(2) If the offender is being sentenced for a third degree	1629
felony OVI offense, or if the offender is being sentenced for a	1630
fourth degree felony OVI offense and the court does not impose a	1631
mandatory term of local incarceration under division (G)(1) of	1632
this section, the court shall impose upon the offender a mandatory	1633
prison term of one, two, three, four, or five years if the	1634
offender also is convicted of or also pleads guilty to a	1635
specification of the type described in section 2941.1413 of the	1636
Revised Code or shall impose upon the offender a mandatory prison	1637
term of sixty days or one hundred twenty days as specified in	1638
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1639
if the offender has not been convicted of and has not pleaded	1640
guilty to a specification of that type. Subject to divisions (C)	1641
to (I) of section 2967.19 of the Revised Code, the court shall not	1642
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	1643
any other provision of the Revised Code. The offender shall serve	1644
the one-, two-, three-, four-, or five-year mandatory prison term	1645
consecutively to and prior to the prison term imposed for the	1646
underlying offense and consecutively to any other mandatory prison	1647
term imposed in relation to the offense. In no case shall an	1648
offender who once has been sentenced to a mandatory term of local	1649
incarceration pursuant to division (G)(1) of this section for a	1650
fourth degree felony OVI offense be sentenced to another mandatory	1651
term of local incarceration under that division for any violation	1652
of division (A) of section 4511.19 of the Revised Code. In	1653
addition to the mandatory prison term described in division (G)(2)	1654
of this section, the court may sentence the offender to a	1655
community control sanction under section 2929.16 or 2929.17 of the	1656
Revised Code, but the offender shall serve the prison term prior	1657
to serving the community control sanction. The department of	1658
rehabilitation and correction may place an offender sentenced to a	1659
mandatory prison term under this division in an intensive program	1660
prison established pursuant to section 5120.033 of the Revised	1661
Code if the department gave the sentencing judge prior notice of	1662
its intent to place the offender in an intensive program prison	1663
established under that section and if the judge did not notify the	1664
department that the judge disapproved the placement. Upon the	1665
establishment of the initial intensive program prison pursuant to	1666
section 5120.033 of the Revised Code that is privately operated	1667
and managed by a contractor pursuant to a contract entered into	1668
under section 9.06 of the Revised Code, both of the following	1669
apply:	1670

(a) The department of rehabilitation and correction shall	1671
make a reasonable effort to ensure that a sufficient number of	1672
offenders sentenced to a mandatory prison term under this division	1673
are placed in the privately operated and managed prison so that	1674
the privately operated and managed prison has full occupancy.	1675

(b) Unless the privately operated and managed prison has full	1676
occupancy, the department of rehabilitation and correction shall	1677
not place any offender sentenced to a mandatory prison term under	1678
this division in any intensive program prison established pursuant	1679
to section 5120.033 of the Revised Code other than the privately	1680
operated and managed prison.	1681

(H) If an offender is being sentenced for a sexually oriented	1682
offense or child-victim oriented offense that is a felony	1683
committed on or after January 1, 1997, the judge shall require the	1684
offender to submit to a DNA specimen collection procedure pursuant	1685
to section 2901.07 of the Revised Code.	1686

(I) If an offender is being sentenced for a sexually oriented	1687
offense or a child-victim oriented offense committed on or after	1688
January 1, 1997, the judge shall include in the sentence a summary	1689
of the offender's duties imposed under sections 2950.04, 2950.041,	1690
2950.05, and 2950.06 of the Revised Code and the duration of the	1691
duties. The judge shall inform the offender, at the time of	1692
sentencing, of those duties and of their duration. If required	1693
under division (A)(2) of section 2950.03 of the Revised Code, the	1694
judge shall perform the duties specified in that section, or, if	1695
required under division (A)(6) of section 2950.03 of the Revised	1696
Code, the judge shall perform the duties specified in that	1697
division.	1698

(J)(1) Except as provided in division (J)(2) of this section,	1699
when considering sentencing factors under this section in relation	1700
to an offender who is convicted of or pleads guilty to an attempt	1701
to commit an offense in violation of section 2923.02 of the	1702
Revised Code, the sentencing court shall consider the factors	1703
applicable to the felony category of the violation of section	1704
2923.02 of the Revised Code instead of the factors applicable to	1705
the felony category of the offense attempted.	1706

(2) When considering sentencing factors under this section in	1707
relation to an offender who is convicted of or pleads guilty to an	1708
attempt to commit a drug abuse offense for which the penalty is	1709
determined by the amount or number of unit doses of the controlled	1710
substance involved in the drug abuse offense, the sentencing court	1711
shall consider the factors applicable to the felony category that	1712
the drug abuse offense attempted would be if that drug abuse	1713
offense had been committed and had involved an amount or number of	1714
unit doses of the controlled substance that is within the next	1715
lower range of controlled substance amounts than was involved in	1716
the attempt.	1717

(K) As used in this section:

1718

(1) "Drug abuse offense" has the same meaning as in section	1719
2925.01 of the Revised Code.	1720

(2) "Qualifying assault offense" means a violation of section	1721
2903.13 of the Revised Code for which the penalty provision in	1722
division (C)(8)(b) or (C)(9)(b) of that section applies.	1723

(L) At the time of sentencing an offender for any sexually	1724
oriented offense, if the offender is a tier III sex	1725
offender/child-victim offender relative to that offense and the	1726
offender does not serve a prison term or jail term, the court may	1727
require that the offender be monitored by means of a global	1728
positioning device. If the court requires such monitoring, the	1729
cost of monitoring shall be borne by the offender. If the offender	1730
is indigent, the cost of compliance shall be paid by the crime	1731
victims reparations fund.	1732

Sec. 2929.14.  (A) Except as provided in division (B)(1),	1733
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (B)(9),	1734
(E), (G), (H), or (J) of this section or in division (D)(6) of	1735
section 2919.25 of the Revised Code and except in relation to an	1736
offense for which a sentence of death or life imprisonment is to	1737
be imposed, if the court imposing a sentence upon an offender for	1738
a felony elects or is required to impose a prison term on the	1739
offender pursuant to this chapter, the court shall impose a	1740
definite prison term that shall be one of the following:	1741

(1) For a felony of the first degree, the prison term shall	1742
be three, four, five, six, seven, eight, nine, ten, or eleven	1743
years.	1744

(2) For a felony of the second degree, the prison term shall	1745
be two, three, four, five, six, seven, or eight years.	1746

(3)(a) For a felony of the third degree that is a violation	1747
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	1748
Revised Code or that is a violation of section 2911.02 or 2911.12	1749
of the Revised Code if the offender previously has been convicted	1750
of or pleaded guilty in two or more separate proceedings to two or	1751
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	1752
of the Revised Code, the prison term shall be twelve, eighteen,	1753
twenty-four, thirty, thirty-six, forty-two, forty-eight,	1754
fifty-four, or sixty months.	1755

(b) For a felony of the third degree that is not an offense	1756
for which division (A)(3)(a) of this section applies, the prison	1757
term shall be nine, twelve, eighteen, twenty-four, thirty, or	1758
thirty-six months.	1759

(4) For a felony of the fourth degree, the prison term shall	1760
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1761
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1762

(5) For a felony of the fifth degree, the prison term shall	1763
be six, seven, eight, nine, ten, eleven, or twelve months.	1764

(B)(1)(a) Except as provided in division (B)(1)(e) of this	1765
section, if an offender who is convicted of or pleads guilty to a	1766
felony also is convicted of or pleads guilty to a specification of	1767
the type described in section 2941.141, 2941.144, or 2941.145 of	1768
the Revised Code, the court shall impose on the offender one of	1769
the following prison terms:	1770

(i) A prison term of six years if the specification is of the	1771
type described in section 2941.144 of the Revised Code that	1772
charges the offender with having a firearm that is an automatic	1773
firearm or that was equipped with a firearm muffler or silencer on	1774
or about the offender's person or under the offender's control	1775
while committing the felony;	1776

(ii) A prison term of three years if the specification is of	1777
the type described in section 2941.145 of the Revised Code that	1778
charges the offender with having a firearm on or about the	1779
offender's person or under the offender's control while committing	1780
the offense and displaying the firearm, brandishing the firearm,	1781
indicating that the offender possessed the firearm, or using it to	1782
facilitate the offense;	1783

(iii) A prison term of one year if the specification is of	1784
the type described in section 2941.141 of the Revised Code that	1785
charges the offender with having a firearm on or about the	1786
offender's person or under the offender's control while committing	1787
the felony.	1788

(b) If a court imposes a prison term on an offender under	1789
division (B)(1)(a) of this section, the prison term shall not be	1790
reduced pursuant to section 2967.19, section 2929.20, section	1791
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1792
of the Revised Code. Except as provided in division (B)(1)(g) of	1793
this section, a court shall not impose more than one prison term	1794
on an offender under division (B)(1)(a) of this section for	1795
felonies committed as part of the same act or transaction.	1796

(c) Except as provided in division (B)(1)(e) of this section,	1797
if an offender who is convicted of or pleads guilty to a violation	1798
of section 2923.161 of the Revised Code or to a felony that	1799
includes, as an essential element, purposely or knowingly causing	1800
or attempting to cause the death of or physical harm to another,	1801
also is convicted of or pleads guilty to a specification of the	1802
type described in section 2941.146 of the Revised Code that	1803
charges the offender with committing the offense by discharging a	1804
firearm from a motor vehicle other than a manufactured home, the	1805
court, after imposing a prison term on the offender for the	1806
violation of section 2923.161 of the Revised Code or for the other	1807
felony offense under division (A), (B)(2), or (B)(3) of this	1808
section, shall impose an additional prison term of five years upon	1809
the offender that shall not be reduced pursuant to section	1810
2929.20, section 2967.19, section 2967.193, or any other provision	1811
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	1812
shall not impose more than one additional prison term on an	1813
offender under division (B)(1)(c) of this section for felonies	1814
committed as part of the same act or transaction. If a court	1815
imposes an additional prison term on an offender under division	1816
(B)(1)(c) of this section relative to an offense, the court also	1817
shall impose a prison term under division (B)(1)(a) of this	1818
section relative to the same offense, provided the criteria	1819
specified in that division for imposing an additional prison term	1820
are satisfied relative to the offender and the offense.	1821

(d) If an offender who is convicted of or pleads guilty to an	1822
offense of violence that is a felony also is convicted of or	1823
pleads guilty to a specification of the type described in section	1824
2941.1411 of the Revised Code that charges the offender with	1825
wearing or carrying body armor while committing the felony offense	1826
of violence, the court shall impose on the offender a prison term	1827
of two years. The prison term so imposed, subject to divisions (C)	1828
to (I) of section 2967.19 of the Revised Code, shall not be	1829
reduced pursuant to section 2929.20, section 2967.19, section	1830
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1831
of the Revised Code. A court shall not impose more than one prison	1832
term on an offender under division (B)(1)(d) of this section for	1833
felonies committed as part of the same act or transaction. If a	1834
court imposes an additional prison term under division (B)(1)(a)	1835
or (c) of this section, the court is not precluded from imposing	1836
an additional prison term under division (B)(1)(d) of this	1837
section.	1838

(e) The court shall not impose any of the prison terms	1839
described in division (B)(1)(a) of this section or any of the	1840
additional prison terms described in division (B)(1)(c) of this	1841
section upon an offender for a violation of section 2923.12 or	1842
2923.123 of the Revised Code. The court shall not impose any of	1843
the prison terms described in division (B)(1)(a) or (b) of this	1844
section upon an offender for a violation of section 2923.122 that	1845
involves a deadly weapon that is a firearm other than a dangerous	1846
ordnance, section 2923.16, or section 2923.121 of the Revised	1847
Code. The court shall not impose any of the prison terms described	1848
in division (B)(1)(a) of this section or any of the additional	1849
prison terms described in division (B)(1)(c) of this section upon	1850
an offender for a violation of section 2923.13 of the Revised Code	1851
unless all of the following apply:	1852

(i) The offender previously has been convicted of aggravated	1853
murder, murder, or any felony of the first or second degree.	1854

(ii) Less than five years have passed since the offender was	1855
released from prison or post-release control, whichever is later,	1856
for the prior offense.	1857

(f) If an offender is convicted of or pleads guilty to a	1858
felony that includes, as an essential element, causing or	1859
attempting to cause the death of or physical harm to another and	1860
also is convicted of or pleads guilty to a specification of the	1861
type described in section 2941.1412 of the Revised Code that	1862
charges the offender with committing the offense by discharging a	1863
firearm at a peace officer as defined in section 2935.01 of the	1864
Revised Code or a corrections officer, as defined in section	1865
2941.1412 of the Revised Code, the court, after imposing a prison	1866
term on the offender for the felony offense under division (A),	1867
(B)(2), or (B)(3) of this section, shall impose an additional	1868
prison term of seven years upon the offender that shall not be	1869
reduced pursuant to section 2929.20, section 2967.19, section	1870
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	1871
of the Revised Code. If an offender is convicted of or pleads	1872
guilty to two or more felonies that include, as an essential	1873
element, causing or attempting to cause the death or physical harm	1874
to another and also is convicted of or pleads guilty to a	1875
specification of the type described under division (B)(1)(f) of	1876
this section in connection with two or more of the felonies of	1877
which the offender is convicted or to which the offender pleads	1878
guilty, the sentencing court shall impose on the offender the	1879
prison term specified under division (B)(1)(f) of this section for	1880
each of two of the specifications of which the offender is	1881
convicted or to which the offender pleads guilty and, in its	1882
discretion, also may impose on the offender the prison term	1883
specified under that division for any or all of the remaining	1884
specifications. If a court imposes an additional prison term on an	1885
offender under division (B)(1)(f) of this section relative to an	1886
offense, the court shall not impose a prison term under division	1887
(B)(1)(a) or (c) of this section relative to the same offense.	1888

(g) If an offender is convicted of or pleads guilty to two or	1889
more felonies, if one or more of those felonies are aggravated	1890
murder, murder, attempted aggravated murder, attempted murder,	1891
aggravated robbery, felonious assault, or rape, and if the	1892
offender is convicted of or pleads guilty to a specification of	1893
the type described under division (B)(1)(a) of this section in	1894
connection with two or more of the felonies, the sentencing court	1895
shall impose on the offender the prison term specified under	1896
division (B)(1)(a) of this section for each of the two most	1897
serious specifications of which the offender is convicted or to	1898
which the offender pleads guilty and, in its discretion, also may	1899
impose on the offender the prison term specified under that	1900
division for any or all of the remaining specifications.	1901

(2)(a) If division (B)(2)(b) of this section does not apply,	1902
the court may impose on an offender, in addition to the longest	1903
prison term authorized or required for the offense, an additional	1904
definite prison term of one, two, three, four, five, six, seven,	1905
eight, nine, or ten years if all of the following criteria are	1906
met:	1907

(i) The offender is convicted of or pleads guilty to a	1908
specification of the type described in section 2941.149 of the	1909
Revised Code that the offender is a repeat violent offender.	1910

(ii) The offense of which the offender currently is convicted	1911
or to which the offender currently pleads guilty is aggravated	1912
murder and the court does not impose a sentence of death or life	1913
imprisonment without parole, murder, terrorism and the court does	1914
not impose a sentence of life imprisonment without parole, any	1915
felony of the first degree that is an offense of violence and the	1916
court does not impose a sentence of life imprisonment without	1917
parole, or any felony of the second degree that is an offense of	1918
violence and the trier of fact finds that the offense involved an	1919
attempt to cause or a threat to cause serious physical harm to a	1920
person or resulted in serious physical harm to a person.	1921

(iii) The court imposes the longest prison term for the	1922
offense that is not life imprisonment without parole.	1923

(iv) The court finds that the prison terms imposed pursuant	1924
to division (B)(2)(a)(iii) of this section and, if applicable,	1925
division (B)(1) or (3) of this section are inadequate to punish	1926
the offender and protect the public from future crime, because the	1927
applicable factors under section 2929.12 of the Revised Code	1928
indicating a greater likelihood of recidivism outweigh the	1929
applicable factors under that section indicating a lesser	1930
likelihood of recidivism.	1931

(v) The court finds that the prison terms imposed pursuant to	1932
division (B)(2)(a)(iii) of this section and, if applicable,	1933
division (B)(1) or (3) of this section are demeaning to the	1934
seriousness of the offense, because one or more of the factors	1935
under section 2929.12 of the Revised Code indicating that the	1936
offender's conduct is more serious than conduct normally	1937
constituting the offense are present, and they outweigh the	1938
applicable factors under that section indicating that the	1939
offender's conduct is less serious than conduct normally	1940
constituting the offense.	1941

(b) The court shall impose on an offender the longest prison	1942
term authorized or required for the offense and shall impose on	1943
the offender an additional definite prison term of one, two,	1944
three, four, five, six, seven, eight, nine, or ten years if all of	1945
the following criteria are met:	1946

(i) The offender is convicted of or pleads guilty to a	1947
specification of the type described in section 2941.149 of the	1948
Revised Code that the offender is a repeat violent offender.	1949

(ii) The offender within the preceding twenty years has been	1950
convicted of or pleaded guilty to three or more offenses described	1951
in division (CC)(1) of section 2929.01 of the Revised Code,	1952
including all offenses described in that division of which the	1953
offender is convicted or to which the offender pleads guilty in	1954
the current prosecution and all offenses described in that	1955
division of which the offender previously has been convicted or to	1956
which the offender previously pleaded guilty, whether prosecuted	1957
together or separately.	1958

(iii) The offense or offenses of which the offender currently	1959
is convicted or to which the offender currently pleads guilty is	1960
aggravated murder and the court does not impose a sentence of	1961
death or life imprisonment without parole, murder, terrorism and	1962
the court does not impose a sentence of life imprisonment without	1963
parole, any felony of the first degree that is an offense of	1964
violence and the court does not impose a sentence of life	1965
imprisonment without parole, or any felony of the second degree	1966
that is an offense of violence and the trier of fact finds that	1967
the offense involved an attempt to cause or a threat to cause	1968
serious physical harm to a person or resulted in serious physical	1969
harm to a person.	1970

(c) For purposes of division (B)(2)(b) of this section, two	1971
or more offenses committed at the same time or as part of the same	1972
act or event shall be considered one offense, and that one offense	1973
shall be the offense with the greatest penalty.	1974

(d) A sentence imposed under division (B)(2)(a) or (b) of	1975
this section shall not be reduced pursuant to section 2929.20,	1976
section 2967.19, or section 2967.193, or any other provision of	1977
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	1978
shall serve an additional prison term imposed under this section	1979
consecutively to and prior to the prison term imposed for the	1980
underlying offense.	1981

(e) When imposing a sentence pursuant to division (B)(2)(a)	1982
or (b) of this section, the court shall state its findings	1983
explaining the imposed sentence.	1984

(3) Except when an offender commits a violation of section	1985
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	1986
the violation is life imprisonment or commits a violation of	1987
section 2903.02 of the Revised Code, if the offender commits a	1988
violation of section 2925.03 or 2925.11 of the Revised Code and	1989
that section classifies the offender as a major drug offender, if	1990
the offender commits a felony violation of section 2925.02,	1991
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	1992
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	1993
division (C) of section 4729.51, or division (J) of section	1994
4729.54 of the Revised Code that includes the sale, offer to sell,	1995
or possession of a schedule I or II controlled substance, with the	1996
exception of marihuana, and the court imposing sentence upon the	1997
offender finds that the offender is guilty of a specification of	1998
the type described in section 2941.1410 of the Revised Code	1999
charging that the offender is a major drug offender, if the court	2000
imposing sentence upon an offender for a felony finds that the	2001
offender is guilty of corrupt activity with the most serious	2002
offense in the pattern of corrupt activity being a felony of the	2003
first degree, or if the offender is guilty of an attempted	2004
violation of section 2907.02 of the Revised Code and, had the	2005
offender completed the violation of section 2907.02 of the Revised	2006
Code that was attempted, the offender would have been subject to a	2007
sentence of life imprisonment or life imprisonment without parole	2008
for the violation of section 2907.02 of the Revised Code, the	2009
court shall impose upon the offender for the felony violation a	2010
mandatory prison term of the maximum prison term prescribed for a	2011
felony of the first degree that, subject to divisions (C) to (I)	2012
of section 2967.19 of the Revised Code, cannot be reduced pursuant	2013
to section 2929.20, section 2967.19, or any other provision of	2014
Chapter 2967. or 5120. of the Revised Code.	2015

(4) If the offender is being sentenced for a third or fourth	2016
degree felony OVI offense under division (G)(2) of section 2929.13	2017
of the Revised Code, the sentencing court shall impose upon the	2018
offender a mandatory prison term in accordance with that division.	2019
In addition to the mandatory prison term, if the offender is being	2020
sentenced for a fourth degree felony OVI offense, the court,	2021
notwithstanding division (A)(4) of this section, may sentence the	2022
offender to a definite prison term of not less than six months and	2023
not more than thirty months, and if the offender is being	2024
sentenced for a third degree felony OVI offense, the sentencing	2025
court may sentence the offender to an additional prison term of	2026
any duration specified in division (A)(3) of this section. In	2027
either case, the additional prison term imposed shall be reduced	2028
by the sixty or one hundred twenty days imposed upon the offender	2029
as the mandatory prison term. The total of the additional prison	2030
term imposed under division (B)(4) of this section plus the sixty	2031
or one hundred twenty days imposed as the mandatory prison term	2032
shall equal a definite term in the range of six months to thirty	2033
months for a fourth degree felony OVI offense and shall equal one	2034
of the authorized prison terms specified in division (A)(3) of	2035
this section for a third degree felony OVI offense. If the court	2036
imposes an additional prison term under division (B)(4) of this	2037
section, the offender shall serve the additional prison term after	2038
the offender has served the mandatory prison term required for the	2039
offense. In addition to the mandatory prison term or mandatory and	2040
additional prison term imposed as described in division (B)(4) of	2041
this section, the court also may sentence the offender to a	2042
community control sanction under section 2929.16 or 2929.17 of the	2043
Revised Code, but the offender shall serve all of the prison terms	2044
so imposed prior to serving the community control sanction.	2045

If the offender is being sentenced for a fourth degree felony	2046
OVI offense under division (G)(1) of section 2929.13 of the	2047
Revised Code and the court imposes a mandatory term of local	2048
incarceration, the court may impose a prison term as described in	2049
division (A)(1) of that section.	2050

(5) If an offender is convicted of or pleads guilty to a	2051
violation of division (A)(1) or (2) of section 2903.06 of the	2052
Revised Code and also is convicted of or pleads guilty to a	2053
specification of the type described in section 2941.1414 of the	2054
Revised Code that charges that the victim of the offense is a	2055
peace officer, as defined in section 2935.01 of the Revised Code,	2056
or an investigator of the bureau of criminal identification and	2057
investigation, as defined in section 2903.11 of the Revised Code,	2058
the court shall impose on the offender a prison term of five	2059
years. If a court imposes a prison term on an offender under	2060
division (B)(5) of this section, the prison term, subject to	2061
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	2062
not be reduced pursuant to section 2929.20, section 2967.19,	2063
section 2967.193, or any other provision of Chapter 2967. or	2064
Chapter 5120. of the Revised Code. A court shall not impose more	2065
than one prison term on an offender under division (B)(5) of this	2066
section for felonies committed as part of the same act.	2067

(6) If an offender is convicted of or pleads guilty to a	2068
violation of division (A)(1) or (2) of section 2903.06 of the	2069
Revised Code and also is convicted of or pleads guilty to a	2070
specification of the type described in section 2941.1415 of the	2071
Revised Code that charges that the offender previously has been	2072
convicted of or pleaded guilty to three or more violations of	2073
division (A) or (B) of section 4511.19 of the Revised Code or an	2074
equivalent offense, as defined in section 2941.1415 of the Revised	2075
Code, or three or more violations of any combination of those	2076
divisions and offenses, the court shall impose on the offender a	2077
prison term of three years. If a court imposes a prison term on an	2078
offender under division (B)(6) of this section, the prison term,	2079
subject to divisions (C) to (I) of section 2967.19 of the Revised	2080
Code, shall not be reduced pursuant to section 2929.20, section	2081
2967.19, section 2967.193, or any other provision of Chapter 2967.	2082
or Chapter 5120. of the Revised Code. A court shall not impose	2083
more than one prison term on an offender under division (B)(6) of	2084
this section for felonies committed as part of the same act.	2085

(7)(a) If an offender is convicted of or pleads guilty to a	2086
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	2087
2923.32, division (A)(1) or (2) of section 2907.323, or division	2088
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	2089
Code and also is convicted of or pleads guilty to a specification	2090
of the type described in section 2941.1422 of the Revised Code	2091
that charges that the offender knowingly committed the offense in	2092
furtherance of human trafficking, the court shall impose on the	2093
offender a mandatory prison term that is one of the following:	2094

(i) If the offense is a felony of the first degree, a	2095
definite prison term of not less than five years and not greater	2096
than ten years;	2097

(ii) If the offense is a felony of the second or third	2098
degree, a definite prison term of not less than three years and	2099
not greater than the maximum prison term allowed for the offense	2100
by division (A) of section 2929.14 of the Revised Code;	2101

(iii) If the offense is a felony of the fourth or fifth	2102
degree, a definite prison term that is the maximum prison term	2103
allowed for the offense by division (A) of section 2929.14 of the	2104
Revised Code.	2105

(b) Subject to divisions (C) to (I) of section 2967.19 of the	2106
Revised Code, the prison term imposed under division (B)(7)(a) of	2107
this section shall not be reduced pursuant to section 2929.20,	2108
section 2967.19, section 2967.193, or any other provision of	2109
Chapter 2967. of the Revised Code. A court shall not impose more	2110
than one prison term on an offender under division (B)(7)(a) of	2111
this section for felonies committed as part of the same act,	2112
scheme, or plan.	2113

(8) If an offender is convicted of or pleads guilty to a	2114
felony violation of section 2903.11, 2903.12, or 2903.13 of the	2115
Revised Code and also is convicted of or pleads guilty to a	2116
specification of the type described in section 2941.1423 of the	2117
Revised Code that charges that the victim of the violation was a	2118
woman whom the offender knew was pregnant at the time of the	2119
violation, notwithstanding the range of prison terms prescribed in	2120
division (A) of this section for felonies of the same degree as	2121
the violation, the court shall impose on the offender a mandatory	2122
prison term that is either a definite prison term of six months or	2123
one of the prison terms prescribed in section 2929.14 of the	2124
Revised Code for felonies of the same degree as the violation.	2125

(9) If an offender is convicted of or pleads guilty to a	2126
felony offense of violence and also is convicted of or pleads	2127
guilty to a specification of the type described in section	2128
2941.1424 of the Revised Code that charges that the victim of the	2129
offense suffered permanent disabling harm as a result of the	2130
offense, the court shall impose upon the offender an additional	2131
definite prison term of five, six, seven, eight, nine, or ten	2132
years. A prison term imposed upon an offender under division	2133
(B)(9) of this section shall not be reduced pursuant to section	2134
2929.20, section 2967.193, or any other provision of Chapter 2967.	2135
or Chapter 5120. of the Revised Code.	2136

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	2137
mandatory prison term is imposed upon an offender pursuant to	2138
division (B)(1)(a) of this section for having a firearm on or	2139
about the offender's person or under the offender's control while	2140
committing a felony, if a mandatory prison term is imposed upon an	2141
offender pursuant to division (B)(1)(c) of this section for	2142
committing a felony specified in that division by discharging a	2143
firearm from a motor vehicle, or if both types of mandatory prison	2144
terms are imposed, the offender shall serve any mandatory prison	2145
term imposed under either division consecutively to any other	2146
mandatory prison term imposed under either division or under	2147
division (B)(1)(d) of this section, consecutively to and prior to	2148
any prison term imposed for the underlying felony pursuant to	2149
division (A), (B)(2), or (B)(3) of this section or any other	2150
section of the Revised Code, and consecutively to any other prison	2151
term or mandatory prison term previously or subsequently imposed	2152
upon the offender.	2153

(b) If a mandatory prison term is imposed upon an offender	2154
pursuant to division (B)(1)(d) of this section for wearing or	2155
carrying body armor while committing an offense of violence that	2156
is a felony, the offender shall serve the mandatory term so	2157
imposed consecutively to any other mandatory prison term imposed	2158
under that division or under division (B)(1)(a) or (c) of this	2159
section, consecutively to and prior to any prison term imposed for	2160
the underlying felony under division (A), (B)(2), or (B)(3) of	2161
this section or any other section of the Revised Code, and	2162
consecutively to any other prison term or mandatory prison term	2163
previously or subsequently imposed upon the offender.	2164

(c) If a mandatory prison term is imposed upon an offender	2165
pursuant to division (B)(1)(f) of this section, the offender shall	2166
serve the mandatory prison term so imposed consecutively to and	2167
prior to any prison term imposed for the underlying felony under	2168
division (A), (B)(2), or (B)(3) of this section or any other	2169
section of the Revised Code, and consecutively to any other prison	2170
term or mandatory prison term previously or subsequently imposed	2171
upon the offender.	2172

(d) If a mandatory prison term is imposed upon an offender	2173
pursuant to division (B)(7) or (8) of this section, the offender	2174
shall serve the mandatory prison term so imposed consecutively to	2175
any other mandatory prison term imposed under that division or	2176
under any other provision of law and consecutively to any other	2177
prison term or mandatory prison term previously or subsequently	2178
imposed upon the offender.	2179

(2) If an offender who is an inmate in a jail, prison, or	2180
other residential detention facility violates section 2917.02,	2181
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	2182
of section 2921.34 of the Revised Code, if an offender who is	2183
under detention at a detention facility commits a felony violation	2184
of section 2923.131 of the Revised Code, or if an offender who is	2185
an inmate in a jail, prison, or other residential detention	2186
facility or is under detention at a detention facility commits	2187
another felony while the offender is an escapee in violation of	2188
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	2189
prison term imposed upon the offender for one of those violations	2190
shall be served by the offender consecutively to the prison term	2191
or term of imprisonment the offender was serving when the offender	2192
committed that offense and to any other prison term previously or	2193
subsequently imposed upon the offender.	2194

(3) If a prison term is imposed for a violation of division	2195
(B) of section 2911.01 of the Revised Code, a violation of	2196
division (A) of section 2913.02 of the Revised Code in which the	2197
stolen property is a firearm or dangerous ordnance, or a felony	2198
violation of division (B) of section 2921.331 of the Revised Code,	2199
the offender shall serve that prison term consecutively to any	2200
other prison term or mandatory prison term previously or	2201
subsequently imposed upon the offender.	2202

(4) If multiple prison terms are imposed on an offender for	2203
convictions of multiple offenses, the court may require the	2204
offender to serve the prison terms consecutively if the court	2205
finds that the consecutive service is necessary to protect the	2206
public from future crime or to punish the offender and that	2207
consecutive sentences are not disproportionate to the seriousness	2208
of the offender's conduct and to the danger the offender poses to	2209
the public, and if the court also finds any of the following:	2210

(a) The offender committed one or more of the multiple	2211
offenses while the offender was awaiting trial or sentencing, was	2212
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2213
2929.18 of the Revised Code, or was under post-release control for	2214
a prior offense.	2215

(b) At least two of the multiple offenses were committed as	2216
part of one or more courses of conduct, and the harm caused by two	2217
or more of the multiple offenses so committed was so great or	2218
unusual that no single prison term for any of the offenses	2219
committed as part of any of the courses of conduct adequately	2220
reflects the seriousness of the offender's conduct.	2221

(c) The offender's history of criminal conduct demonstrates	2222
that consecutive sentences are necessary to protect the public	2223
from future crime by the offender.	2224

(5) If a mandatory prison term is imposed upon an offender	2225
pursuant to division (B)(5) or (6) of this section, the offender	2226
shall serve the mandatory prison term consecutively to and prior	2227
to any prison term imposed for the underlying violation of	2228
division (A)(1) or (2) of section 2903.06 of the Revised Code	2229
pursuant to division (A) of this section or section 2929.142 of	2230
the Revised Code. If a mandatory prison term is imposed upon an	2231
offender pursuant to division (B)(5) of this section, and if a	2232
mandatory prison term also is imposed upon the offender pursuant	2233
to division (B)(6) of this section in relation to the same	2234
violation, the offender shall serve the mandatory prison term	2235
imposed pursuant to division (B)(5) of this section consecutively	2236
to and prior to the mandatory prison term imposed pursuant to	2237
division (B)(6) of this section and consecutively to and prior to	2238
any prison term imposed for the underlying violation of division	2239
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	2240
division (A) of this section or section 2929.142 of the Revised	2241
Code.	2242

(6) If a mandatory prison term is imposed upon an offender	2243
pursuant to division (B)(9) of this section, the offender shall	2244
serve that mandatory prison term consecutively to and prior to any	2245
prison term imposed for the underlying violation of an offense of	2246
violence and consecutively to and prior to any other prison term	2247
or mandatory prison term previously or subsequently imposed upon	2248
the offender.	2249

(7) When consecutive prison terms are imposed pursuant to	2250
division (C)(1), (2), (3), (4), or (5), or (6) or division (H)(1)	2251
or (2) of this section, the term to be served is the aggregate of	2252
all of the terms so imposed.	2253

(D)(1) If a court imposes a prison term for a felony of the	2254
first degree, for a felony of the second degree, for a felony sex	2255
offense, or for a felony of the third degree that is not a felony	2256
sex offense and in the commission of which the offender caused or	2257
threatened to cause physical harm to a person, it shall include in	2258
the sentence a requirement that the offender be subject to a	2259
period of post-release control after the offender's release from	2260
imprisonment, in accordance with that division. If a court imposes	2261
a sentence including a prison term of a type described in this	2262
division on or after July 11, 2006, the failure of a court to	2263
include a post-release control requirement in the sentence	2264
pursuant to this division does not negate, limit, or otherwise	2265
affect the mandatory period of post-release control that is	2266
required for the offender under division (B) of section 2967.28 of	2267
the Revised Code. Section 2929.191 of the Revised Code applies if,	2268
prior to July 11, 2006, a court imposed a sentence including a	2269
prison term of a type described in this division and failed to	2270
include in the sentence pursuant to this division a statement	2271
regarding post-release control.	2272

(2) If a court imposes a prison term for a felony of the	2273
third, fourth, or fifth degree that is not subject to division	2274
(D)(1) of this section, it shall include in the sentence a	2275
requirement that the offender be subject to a period of	2276
post-release control after the offender's release from	2277
imprisonment, in accordance with that division, if the parole	2278
board determines that a period of post-release control is	2279
necessary. Section 2929.191 of the Revised Code applies if, prior	2280
to July 11, 2006, a court imposed a sentence including a prison	2281
term of a type described in this division and failed to include in	2282
the sentence pursuant to this division a statement regarding	2283
post-release control.	2284

(E) The court shall impose sentence upon the offender in	2285
accordance with section 2971.03 of the Revised Code, and Chapter	2286
2971. of the Revised Code applies regarding the prison term or	2287
term of life imprisonment without parole imposed upon the offender	2288
and the service of that term of imprisonment if any of the	2289
following apply:	2290

(1) A person is convicted of or pleads guilty to a violent	2291
sex offense or a designated homicide, assault, or kidnapping	2292
offense, and, in relation to that offense, the offender is	2293
adjudicated a sexually violent predator.	2294

(2) A person is convicted of or pleads guilty to a violation	2295
of division (A)(1)(b) of section 2907.02 of the Revised Code	2296
committed on or after January 2, 2007, and either the court does	2297
not impose a sentence of life without parole when authorized	2298
pursuant to division (B) of section 2907.02 of the Revised Code,	2299
or division (B) of section 2907.02 of the Revised Code provides	2300
that the court shall not sentence the offender pursuant to section	2301
2971.03 of the Revised Code.	2302

(3) A person is convicted of or pleads guilty to attempted	2303
rape committed on or after January 2, 2007, and a specification of	2304
the type described in section 2941.1418, 2941.1419, or 2941.1420	2305
of the Revised Code.	2306

(4) A person is convicted of or pleads guilty to a violation	2307
of section 2905.01 of the Revised Code committed on or after	2308
January 1, 2008, and that section requires the court to sentence	2309
the offender pursuant to section 2971.03 of the Revised Code.	2310

(5) A person is convicted of or pleads guilty to aggravated	2311
murder committed on or after January 1, 2008, and division	2312
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	2313
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	2314
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	2315
2929.06 of the Revised Code requires the court to sentence the	2316
offender pursuant to division (B)(3) of section 2971.03 of the	2317
Revised Code.	2318

(6) A person is convicted of or pleads guilty to murder	2319
committed on or after January 1, 2008, and division (B)(2) of	2320
section 2929.02 of the Revised Code requires the court to sentence	2321
the offender pursuant to section 2971.03 of the Revised Code.	2322

(F) If a person who has been convicted of or pleaded guilty	2323
to a felony is sentenced to a prison term or term of imprisonment	2324
under this section, sections 2929.02 to 2929.06 of the Revised	2325
Code, section 2929.142 of the Revised Code, section 2971.03 of the	2326
Revised Code, or any other provision of law, section 5120.163 of	2327
the Revised Code applies regarding the person while the person is	2328
confined in a state correctional institution.	2329

(G) If an offender who is convicted of or pleads guilty to a	2330
felony that is an offense of violence also is convicted of or	2331
pleads guilty to a specification of the type described in section	2332
2941.142 of the Revised Code that charges the offender with having	2333
committed the felony while participating in a criminal gang, the	2334
court shall impose upon the offender an additional prison term of	2335
one, two, or three years.	2336

(H)(1) If an offender who is convicted of or pleads guilty to	2337
aggravated murder, murder, or a felony of the first, second, or	2338
third degree that is an offense of violence also is convicted of	2339
or pleads guilty to a specification of the type described in	2340
section 2941.143 of the Revised Code that charges the offender	2341
with having committed the offense in a school safety zone or	2342
towards a person in a school safety zone, the court shall impose	2343
upon the offender an additional prison term of two years. The	2344
offender shall serve the additional two years consecutively to and	2345
prior to the prison term imposed for the underlying offense.	2346

(2)(a) If an offender is convicted of or pleads guilty to a	2347
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2348
of the Revised Code and to a specification of the type described	2349
in section 2941.1421 of the Revised Code and if the court imposes	2350
a prison term on the offender for the felony violation, the court	2351
may impose upon the offender an additional prison term as follows:	2352

(i) Subject to division (H)(2)(a)(ii) of this section, an	2353
additional prison term of one, two, three, four, five, or six	2354
months;	2355

(ii) If the offender previously has been convicted of or	2356
pleaded guilty to one or more felony or misdemeanor violations of	2357
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	2358
Revised Code and also was convicted of or pleaded guilty to a	2359
specification of the type described in section 2941.1421 of the	2360
Revised Code regarding one or more of those violations, an	2361
additional prison term of one, two, three, four, five, six, seven,	2362
eight, nine, ten, eleven, or twelve months.	2363

(b) In lieu of imposing an additional prison term under	2364
division (H)(2)(a) of this section, the court may directly impose	2365
on the offender a sanction that requires the offender to wear a	2366
real-time processing, continual tracking electronic monitoring	2367
device during the period of time specified by the court. The	2368
period of time specified by the court shall equal the duration of	2369
an additional prison term that the court could have imposed upon	2370
the offender under division (H)(2)(a) of this section. A sanction	2371
imposed under this division shall commence on the date specified	2372
by the court, provided that the sanction shall not commence until	2373
after the offender has served the prison term imposed for the	2374
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	2375
of the Revised Code and any residential sanction imposed for the	2376
violation under section 2929.16 of the Revised Code. A sanction	2377
imposed under this division shall be considered to be a community	2378
control sanction for purposes of section 2929.15 of the Revised	2379
Code, and all provisions of the Revised Code that pertain to	2380
community control sanctions shall apply to a sanction imposed	2381
under this division, except to the extent that they would by their	2382
nature be clearly inapplicable. The offender shall pay all costs	2383
associated with a sanction imposed under this division, including	2384
the cost of the use of the monitoring device.	2385

(I) At the time of sentencing, the court may recommend the	2386
offender for placement in a program of shock incarceration under	2387
section 5120.031 of the Revised Code or for placement in an	2388
intensive program prison under section 5120.032 of the Revised	2389
Code, disapprove placement of the offender in a program of shock	2390
incarceration or an intensive program prison of that nature, or	2391
make no recommendation on placement of the offender. In no case	2392
shall the department of rehabilitation and correction place the	2393
offender in a program or prison of that nature unless the	2394
department determines as specified in section 5120.031 or 5120.032	2395
of the Revised Code, whichever is applicable, that the offender is	2396
eligible for the placement.	2397

If the court disapproves placement of the offender in a	2398
program or prison of that nature, the department of rehabilitation	2399
and correction shall not place the offender in any program of	2400
shock incarceration or intensive program prison.	2401

If the court recommends placement of the offender in a	2402
program of shock incarceration or in an intensive program prison,	2403
and if the offender is subsequently placed in the recommended	2404
program or prison, the department shall notify the court of the	2405
placement and shall include with the notice a brief description of	2406
the placement.	2407

If the court recommends placement of the offender in a	2408
program of shock incarceration or in an intensive program prison	2409
and the department does not subsequently place the offender in the	2410
recommended program or prison, the department shall send a notice	2411
to the court indicating why the offender was not placed in the	2412
recommended program or prison.	2413

If the court does not make a recommendation under this	2414
division with respect to an offender and if the department	2415
determines as specified in section 5120.031 or 5120.032 of the	2416
Revised Code, whichever is applicable, that the offender is	2417
eligible for placement in a program or prison of that nature, the	2418
department shall screen the offender and determine if there is an	2419
available program of shock incarceration or an intensive program	2420
prison for which the offender is suited. If there is an available	2421
program of shock incarceration or an intensive program prison for	2422
which the offender is suited, the department shall notify the	2423
court of the proposed placement of the offender as specified in	2424
section 5120.031 or 5120.032 of the Revised Code and shall include	2425
with the notice a brief description of the placement. The court	2426
shall have ten days from receipt of the notice to disapprove the	2427
placement.	2428

(J) If a person is convicted of or pleads guilty to	2429
aggravated vehicular homicide in violation of division (A)(1) of	2430
section 2903.06 of the Revised Code and division (B)(2)(c) of that	2431
section applies, the person shall be sentenced pursuant to section	2432
2929.142 of the Revised Code.	2433

Sec. 2941.1424. (A) Imposition of a mandatory prison term of	2434
five, six, seven, eight, nine, or ten years upon an offender under	2435
division (B)(9) of section 2929.14 of the Revised Code is	2436
precluded unless the offender is convicted of or pleads guilty to	2437
a felony offense of violence and unless the indictment, count in	2438
the indictment, or information charging the offense specifies that	2439
the victim of the offense suffered permanent disabling harm as a	2440
result of the offense. The specification shall be stated at the	2441
end of the body of the indictment, count, or information and shall	2442
be stated in substantially the following form:	2443

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	2444
Grand Jurors (or insert the person's or the prosecuting attorney's	2445
name when appropriate) further find and specify that (set forth	2446
that the victim of the offense suffered permanent disabling harm	2447
as a result of the offense)."	2448

(B) As used in this section, "permanent disabling harm" has	2449
the same meaning as in section 2929.01 of the Revised Code.	2450

Section 2. That existing sections 2743.51, 2743.60, 2743.65,	2451
2929.01, 2929.13, and 2929.14 of the Revised Code are hereby	2452
repealed.	2453

Section 3. This act shall be known as "Destiny's Law."

2454