< Note: See also version(s) of this section with earlier effective date(s). >

Transcription

1 R.C Baldwin's Ohio Revised Code Annotated Currentness Title XXIX. Crimes--Procedure (Refs & Annos) Chapter Penalties and Sentencing (Refs & Annos) Definitions Definitions (later effective date) < Note: See also version(s) of this section with earlier effective date(s). > As used in this chapter: (A)(1) Alternative residential facility means, subject to division (A)(2) of this section, any facility other than an offender's home or residence in which an offender is assigned to live and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation. (b) It has received the appropriate license or certificate for any specialized education, training, treatment, habilitation, or other service that it provides from the government agency that is responsible for licensing or certifying that type of education, training, treatment, habilitation, or service. (2) Alternative residential facility does not include a community-based correctional facility, jail, halfway house, or prison. (B) Basic probation supervision means a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court or imposed by the parole board pursuant to section of the Revised Code. Basic probation supervision includes basic parole supervision and basic postrelease control supervision. (C) Cocaine, crack cocaine, hashish, L.S.D., and unit dose have the same meanings as in section of the Revised Code. (D) Community-based correctional facility means a community-based correctional facility and program or district community-based correctional facility and program developed pursuant to sections to of the Revised Code. (E) Community control sanction means a sanction that is not a prison term and that is described in section , , , or of the Revised Code or a sanction that is not a jail term and that is described in section , , or of the Revised Code. Community control sanction includes probation if the sentence involved was imposed for a felony that was committed prior to July 1, 1996, or

2 if the sentence involved was imposed for a misdemeanor that was committed prior to January 1, (F) Controlled substance, marihuana, schedule I, and schedule II have the same meanings as in section of the Revised Code. (G) Curfew means a requirement that an offender during a specified period of time be at a designated place. (H) Day reporting means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center. (I) Deadly weapon has the same meaning as in section of the Revised Code. (J) Drug and alcohol use monitoring means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs. (K) Drug treatment program means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment. (L) Economic loss means any economic detriment suffered by a victim as a direct and proximate result of the commission of an offense and includes any loss of income due to lost time at work because of any injury caused to the victim, and any property loss, medical cost, or funeral expense incurred as a result of the commission of the offense. Economic loss does not include non-economic loss or any punitive or exemplary damages. (M) Education or training includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent. (N) Firearm has the same meaning as in section of the Revised Code. (O) Halfway house means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section of the Revised Code as a suitable facility for the care and treatment of adult offenders.

3 (P) House arrest means a period of confinement of an offender that is in the offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section of the Revised Code and during which all of the following apply: (1) The offender is required to remain in the offender's home or other specified premises for the specified period of confinement, except for periods of time during which the offender is at the offender's place of employment or at other premises as authorized by the sentencing court or by the parole board. (2) The offender is required to report periodically to a person designated by the court or parole board. (3) The offender is subject to any other restrictions and requirements that may be imposed by the sentencing court or by the parole board. (Q) Intensive probation supervision means a requirement that an offender maintain frequent contact with a person appointed by the court, or by the parole board pursuant to section of the Revised Code, to supervise the offender while the offender is seeking or maintaining necessary employment and participating in training, education, and treatment programs as required in the court's or parole board's order. Intensive probation supervision includes intensive parole supervision and intensive post-release control supervision. (R) Jail means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state. (S) Jail term means the term in a jail that a sentencing court imposes or is authorized to impose pursuant to section or of the Revised Code or pursuant to any other provision of the Revised Code that authorizes a term in a jail for a misdemeanor conviction. (T) Mandatory jail term means the term in a jail that a sentencing court is required to impose pursuant to division (G) of section of the Revised Code, division (E) of section or division (D) of section of the Revised Code, division (E) or (G) of section of the Revised Code, division (B) of section of the Revised Code, or division (G) of section of the Revised Code or pursuant to any other provision of the Revised Code that requires a term in a jail for a misdemeanor conviction. (U) Delinquent child has the same meaning as in section of the Revised Code. (V) License violation report means a report that is made by a sentencing court, or by the parole board pursuant to section of the Revised Code, to the regulatory or licensing board or agency that issued an offender a professional license or a license or

4 permit to do business in this state and that specifies that the offender has been convicted of or pleaded guilty to an offense that may violate the conditions under which the offender's professional license or license or permit to do business in this state was granted or an offense for which the offender's professional license or license or permit to do business in this state may be revoked or suspended. (W) Major drug offender means an offender who is convicted of or pleads guilty to the possession of, sale of, or offer to sell any drug, compound, mixture, preparation, or substance that consists of or contains at least one thousand grams of hashish; at least one hundred grams of crack cocaine; at least one thousand grams of cocaine that is not crack cocaine; at least two thousand five hundred unit doses or two hundred fifty grams of heroin; at least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form; or at least one hundred times the amount of any other schedule I or II controlled substance other than marihuana that is necessary to commit a felony of the third degree pursuant to section , , , or of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance. (X) Mandatory prison term means any of the following: (1) Subject to division (X)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (18) of section and division (D) of section of the Revised Code. Except as provided in sections , , , , and of the Revised Code, unless the maximum or another specific term is required under section or of the Revised Code, a mandatory prison term described in this division may be any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison that a sentencing court is required to impose for a third or fourth degree felony OVI offense pursuant to division (G)(2) of section and division (G)(1)(d) or (e) of section of the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section of the Revised Code. (3) The term in prison imposed pursuant to division (A) of section of the Revised Code for the offenses and in the circumstances described in division (F)(11) of section of the Revised Code or pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section of the Revised Code and that term as modified or terminated pursuant to section of the Revised Code. (Y) Monitored time means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life. (Z) Offender means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor.

5 (AA) Prison means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction but does not include a violation sanction center operated under authority of section of the Revised Code. (BB) Prison term includes either of the following sanctions for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the approval of, the sentencing court pursuant to section , , , , or of the Revised Code. (CC) Repeat violent offender means a person about whom both of the following apply: (1) The person is being sentenced for committing or for complicity in committing any of the following: (a) Aggravated murder, murder, any felony of the first or second degree that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree; (b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (CC)(1)(a) of this section. (2) The person previously was convicted of or pleaded guilty to an offense described in division (CC)(1)(a) or (b) of this section. (DD) Sanction means any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. Sanction includes any sanction imposed pursuant to any provision of sections to or to of the Revised Code. (EE) Sentence means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense. (FF) Stated prison term means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section , , or of the Revised Code or under section of the Revised Code. Stated prison term includes any credit received by the offender for time spent in jail awaiting trial, sentencing, or transfer to prison for the offense and any time spent under house arrest or house arrest with electronic monitoring imposed after earning credits pursuant to section of the Revised Code.

6 (GG) Victim-offender mediation means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense. (HH) Fourth degree felony OVI offense means a violation of division (A) of section of the Revised Code that, under division (G) of that section, is a felony of the fourth degree. (II) Mandatory term of local incarceration means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OVI offense pursuant to division (G)(1) of section of the Revised Code and division (G)(1)(d) or (e) of section of the Revised Code. (JJ) Designated homicide, assault, or kidnapping offense, violent sex offense, sexual motivation specification, sexually violent offense, sexually violent predator, and sexually violent predator specification have the same meanings as in section of the Revised Code. (KK) Sexually oriented offense, child-victim oriented offense, and tier III sex offender/child-victim offender, have the same meanings as in section of the Revised Code. (LL) An offense is committed in the vicinity of a child if the offender commits the offense within thirty feet of or within the same residential unit as a child who is under eighteen years of age, regardless of whether the offender knows the age of the child or whether the offender knows the offense is being committed within thirty feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense. (MM) Family or household member has the same meaning as in section of the Revised Code. (NN) Motor vehicle and manufactured home have the same meanings as in section of the Revised Code. (OO) Detention and detention facility have the same meanings as in section of the Revised Code. (PP) Third degree felony OVI offense means a violation of division (A) of section of the Revised Code that, under division (G) of that section, is a felony of the third degree.

7 (QQ) Random drug testing has the same meaning as in section of the Revised Code. (RR) Felony sex offense has the same meaning as in section of the Revised Code. (SS) Body armor has the same meaning as in section of the Revised Code. (TT) Electronic monitoring means monitoring through the use of an electronic monitoring device. (UU) Electronic monitoring device means any of the following: (1) Any device that can be operated by electrical or battery power and that conforms with all of the following: (a) The device has a transmitter that can be attached to a person, that will transmit a specified signal to a receiver of the type described in division (UU)(1)(b) of this section if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval in relation to electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with, that can transmit continuously and periodically a signal to that receiver when the person is within a specified distance from the receiver, and that can transmit an appropriate signal to that receiver if the person to whom it is attached travels a specified distance from that receiver. (b) The device has a receiver that can receive continuously the signals transmitted by a transmitter of the type described in division (UU)(1)(a) of this section, can transmit continuously those signals by telephone to a central monitoring computer of the type described in division (UU)(1)(c) of this section, and can transmit continuously an appropriate signal to that central monitoring computer if the receiver is turned off or altered without prior court approval or otherwise tampered with. (c) The device has a central monitoring computer that can receive continuously the signals transmitted by telephone by a receiver of the type described in division (UU)(1)(b) of this section and can monitor continuously the person to whom an electronic monitoring device of the type described in division (UU)(1)(a) of this section is attached. (2) Any device that is not a device of the type described in division (UU)(1) of this section and that conforms with all of the following: (a) The device includes a transmitter and receiver that can monitor and determine the location of a subject person at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means.

8 (b) The device includes a transmitter and receiver that can determine at any time, or at a designated point in time, through the use of a central monitoring computer or other electronic means the fact that the transmitter is turned off or altered in any manner without prior approval of the court in relation to the electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with. (3) Any type of technology that can adequately track or determine the location of a subject person at any time and that is approved by the director of rehabilitation and correction, including, but not limited to, any satellite technology, voice tracking system, or retinal scanning system that is so approved. (VV) Non-economic loss means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (WW) Prosecutor has the same meaning as in section of the Revised Code. (XX) Continuous alcohol monitoring means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored. (YY) A person is adjudicated a sexually violent predator if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense. (ZZ) An offense is committed in proximity to a school if the offender commits the offense in a school safety zone or within five hundred feet of any school building or the boundaries of any school premises, regardless of whether the offender knows the offense is being committed in a school safety zone or within five hundred feet of any school building or the boundaries of any school premises. (BBB) [FN1] Human trafficking means a scheme or plan to which all of the following apply:

9 (1) Its object is to compel a victim or victims to engage in sexual activity for hire, to engage in a performance that is obscene, sexually oriented, or nudity oriented, or to be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented. (2) It involves at least two felony offenses, whether or not there has been a prior conviction for any of the felony offenses, to which all of the following apply: (a) Each of the felony offenses is a violation of section , , , , or , division (A)(1) or (2) of section , or division (B)(1), (2), (3), (4), or (5) of section of the Revised Code or is a violation of a law of any state other than this state that is substantially similar to any of the sections or divisions of the Revised Code identified in this division. (b) At least one of the felony offenses was committed in this state. (c) The felony offenses are related to the same scheme or plan, are not isolated instances, and are not so closely related to each other and connected in time and place that they constitute a single event or transaction. (CCC) [FN2] Material, nudity, obscene, performance, and sexual activity have the same meanings as in section of the Revised Code. (DDD) [FN3] Material that is obscene, sexually oriented, or nudity oriented means any material that is obscene, that shows a person participating or engaging in sexual activity, masturbation, or bestiality, or that shows a person in a state of nudity. (EEE) [FN4] Performance that is obscene, sexually oriented, or nudity oriented means any performance that is obscene, that shows a person participating or engaging in sexual activity, masturbation, or bestiality, or that shows a person in a state of nudity. CREDIT(S) (2008 H 130, eff ; 2008 H 280, eff ; 2008 S 220, eff ; 2007 S 10, eff ; 2006 H 461, eff ; 2006 S 260, eff ; 2006 H 162, eff ; 2006 H 95, eff ; 2004 H 473, eff ; 2004 H 163, eff ; 2004 H 52, eff ; 2003 S 57, eff ; 2003 S 5, 3, eff ; 2003 S 5, 1, eff ; 2002 H 490, eff ; 2002 S 123, eff ; 2002 H 327, eff ; 2000 S 179, 3, eff ; 2000 S 222, eff ; 2000 H 349, eff ; 1999 S 22, eff ; 1999 S 107, eff ; 1999 S 9, eff ; 1997 S 111, eff ; 1997 H 378, eff ; 1996 S 166, eff ; 1996 H 180, eff ; 1996 S 269, eff ; 1996 H 480, eff ; 1996 H 445, eff ; 1995 S 2, eff ) [FN1] Paragraph designations appear as a result of the harmonization of 2008 H 280 and 2008 H 130. [FN2] Paragraph designations appear as a result of the harmonization of 2008 H 280 and 2008 H 130.

10 [FN3] Paragraph designations appear as a result of the harmonization of 2008 H 280 and 2008 H 130. [FN4] Paragraph designations appear as a result of the harmonization of 2008 H 280 and 2008 H 130. UNCODIFIED LAW 2008 H 130, 5, eff , reads: The items of law contained in this act, and their applications, are severable. If any item of law contained in this act, or if any application of any item of law contained in this act, is held invalid, the invalidity does not affect other items of law contained in this act and their applications that can be given effect without the invalid item of law or application S 269, 3, eff , amended 1995 S 2, 5, to read: Sec. 5. The provisions of the Revised Code in existence prior to July 1, 1996, shall apply to a person upon whom a court imposed a term of imprisonment prior to that date and, notwithstanding division (B) of section 1.58 of the Revised Code, to a person upon whom a court, on or after that date and in accordance with the law in existence prior to that date, imposes a term of imprisonment for an offense that was committed prior to that date. The provisions of the Revised Code in existence on and after July 1, 1996, apply to a person who commits an offense on or after that date H 51, 3, eff , reads: This act does not apply to any criminal sentence or dispositional order imposed prior to the effective date of this act, which sentence or dispositional order requires an offender or delinquent child to serve a period of time restricted to his home or any other specified premises for specified periods of time and requires the offender or delinquent child to be monitored by some type of electronic monitoring device, unless the court that imposed the sentence or dispositional order modifies the sentence or dispositional order and specifically makes the provisions of this act applicable to the criminal sentence or dispositional order H 511, 3, eff , reads: Persons charged with a capital offense committed prior to the effective date provided in Section 4 of this act shall be prosecuted under the law as it existed at the time the offense was committed, and, if convicted, shall be imprisoned for life, except that whenever the statute under which any such person is prosecuted provides for a lesser penalty under the circumstances of the particular case, such lesser penalty shall be imposed. Persons charged with an offense, other than a capital offense, committed prior to the effective date specified in Section 4 of this act shall be prosecuted under the law as it existed at the time the offense was committed. Persons convicted or sentenced on or after the effective date specified in Section 4 of this act for an offense committed prior to the effective date specified in Section 4 of this act, shall be sentenced according to the penalty for commission of the substantially equivalent offense under this act. If the offense for which sentence is being imposed does not have a substantial equivalent under this act, or if this act provides a more severe penalty than

11 that originally prescribed for the offense of which the person is convicted, then sentence shall be imposed under the law as it existed prior to the effective date specified in Section 4 of this act. HISTORICAL AND STATUTORY NOTES Ed. Note: The legal review and technical services staff of the Legislative Service Commission has issued an opinion regarding the treatment of multiple amendments stating, Division lettering adjusted to give effect to the manifest intent of each amendment pursuant to R.C. 1.52(B). The opinion is neither legally authoritative nor binding, but is provided as a general indication that the amendments of the several acts [2008 H 130, eff and 2008 H 280, eff ] may be harmonized pursuant to the rule of construction contained in R.C. 1.52(B) requiring all amendments be given effect if they can reasonably be put into simultaneous operation. See Baldwin's Ohio Legislative Service Annotated, 2008, pages 9/L-2754 and 9/L-2391, or the OH-LEGIS or OH- LEGIS-OLD database on Westlaw, for original versions of these Acts. Ed. Note: The legal review and technical services staff of the Legislative Service Commission has issued an opinion regarding the treatment of multiple amendments, stating Each act affirms harmonization between H 162 and H 95. The opinion is neither legally authoritative nor binding, but is provided as a general indication that the amendments of the several acts [2006 H 461, eff and 2006 S 260, eff ] may be harmonized pursuant to the rule of construction contained in R.C. 1.52(B) requiring all amendments be given effect if they can reasonably be put into simultaneous operation. See Baldwin's Ohio Legislative Service Annotated, 2006, pages 7/L-3187 and 7/L-3087, or the OH-LEGIS or OH-LEGIS-OLD database on Westlaw, for original versions of these Acts. Ed. Note: RC (VV) contains provisions analogous to former (A)(1), repealed by 2002 H 490, eff Ed. Note: Former repealed by 1995 S 2, eff ; 1994 S 186, eff ; 1994 H 571, eff ; 1987 H 261, eff ; 1983 S 210; 1982 H 269, 4, S 199; 1978 H 565; 1975 H 300; 1972 H 511. Amendment Note: 2007 S 10 rewrote division (Y)(3) and (LL), which prior thereto read, respectively: (3) The term in prison imposed pursuant to division (A) of section of the Revised Code for the offenses and in the circumstances described in division (F)(11) of section of the Revised Code, pursuant to division (B)(1)(a), (b), or (c) of section of the Revised Code for the offense of rape committed on or after the effective date of this amendment in violation of division (A)(1)(b) of section of the Revised Code, pursuant to division (B)(2)(a) of section of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a specification of the type described in section of the Revised Code, pursuant to division (B)(2)(b) of section of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a

12 specification of the type described in section of the Revised Code, or pursuant to division (B)(2)(c) of section of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a specification of the type described in section of the Revised Code and that term as modified or terminated pursuant to section of the Revised Code. (LL) Habitual sex offender, sexually oriented offense, sexual predator, registration-exempt sexually oriented offense, child-victim oriented offense, habitual child-victim offender, and child-victim predator have the same meanings as in section of the Revised Code. Amendment Note: 2006 H 461 inserted the references to RC in divisions (Y)(1) and (GG). Amendment Note: 2006 S 260 rewrote division (Y)(3), which prior thereto read: (3) The term in prison imposed pursuant to section of the Revised Code for the offenses and in the circumstances described in division (F)(11) of section of the Revised Code and that term as modified or terminated pursuant to section of the Revised Code. Amendment Note: 2006 H 162 substituted for in division (E). Amendment Note: 2006 H 95 rewrote division (DD), which prior thereto read: (DD) Repeat violent offender means a person about whom both of the following apply: (1) The person has been convicted of or has pleaded guilty to, and is being sentenced for committing, for complicity in committing, or for an attempt to commit, aggravated murder, murder, involuntary manslaughter, a felony of the first degree other than one set forth in Chapter of the Revised Code, a felony of the first degree set forth in Chapter of the Revised Code that involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person, or a felony of the second degree that involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded guilty to, and previously served or, at the time of the offense was serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in

13 physical harm to a person, or complicity in or an attempt to commit any of those offenses; (ii) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed under division (DD)(2)(a)(i) of this section and that resulted in the death of a person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child for committing an act that if committed by an adult would have been an offense listed in division (DD)(2)(a)(i) or (ii) of this section, the person was committed to the department of youth services for that delinquent act. Amendment Note: 2004 H 473 inserted violent sex offense, in division (KK); renamed division (WW) as (YY); and added division (ZZ). Amendment Note: 2004 H 163 inserted division (E) of section of the Revised Code, in division (U); inserted or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section of the Revised Code at the end of division (Y)(2); and added division (WW). Amendment Note: 2004 H 52 inserted direct and proximate and added the last sentence in division (M); inserted division (E) of section or division (D) of section of the Revised Code, in division (U); inserted to (14) in division (Y)(1); and added new divisions (WW) and (YY). Amendment Note: 2003 S 57 substituted offense for felony in division (M). Amendment Note: 2003 S 5 rewrote division (LL), which prior thereto read: (LL) Habitual sex offender, sexually oriented offense, and sexual predator have the same meanings as in section of the Revised Code. Amendment Note: 2002 H 490 redesignated divisions (R) through (U) as (P) through (S); deleted, that may be electronically monitored house arrest, from former division (S); deleted the term eligible throughout former division (S); added new divisions (T) and (U); added or to to the second sentence of division (EE); substituted an offense for a felony in division (FF); substituted for in division (SS); added divisions (UU) and (VV); made a nonsubstantive change in division (GG); and deleted divisions (O) and (P), which prior thereto read: (O) Electronically monitored house arrest has the same meaning as in section of the Revised Code. (P) Eligible offender has the same meaning as in section of the Revised Code except as otherwise specified in section of the Revised Code.

14 Amendment Note: 2002 S 123 substituted OVI for OMVI throughout the section; substituted division (G)(1)(d) or (e) of section for division (A)(4) or (8) of section in divisions (Y)(2) and (JJ); inserted division (G) of that before, and deleted of the Revised Code after, section in divisions (II) and (QQ). Amendment Note: 2002 H 327 relocated and redesignated as division (TT) existing language which, prior to amendment, was the second of two different divisions, each of which had been designated as division (RR); and rewrote division (DD)(2)(a), which prior thereto read: The person previously was convicted of or pleaded guilty to, and served a prison term for, any of the following:. Amendment Note: 2000 S 179, 3, eff , substituted for in division (V); deleted, and the juvenile court in which the person was adjudicated a delinquent child made a specific finding that the adjudication should be considered a conviction for purposes of a determination in the future pursuant to this chapter as to whether the person is a repeat violent offender from the end of division (DD)(2)(b); and made corrective internal numbering changes. Amendment Note: 2000 S 222 substituted (F)(12) for (F)(11) in division (Y)(1), substituted (F)(11) for (F)(10) in division (Y)(3); added division (RR); and made other corrective changes. Amendment Note: 2000 H 349 redesignated the first former division (NN), former division (OO), former division (MM), and the second former division (NN), as new divisions (MM) through (PP), respectively; added divisions (QQ) and (RR); and made other corrective changes. Amendment Note: 1999 S 22 substituted March 10, 1998 for the effective date of this amendment in division (G); inserted or one hundred twenty, third or, and or (8) in division (Z)(2); inserted or one hundred twenty and or (8) and substituted may for is required to in division (KK); added division (NN); and made other corrective and nonsubstantive changes. Amendment Note: 1999 S 107 inserted probation after basic and added the second sentence in division (C); deleted former division (G) and redesignated former divisions (H) through (MM) as new divisions (G) through (LL); substituted commission of a felony for criminally injurious conduct twice in new division (M); added the second sentence in new division (T); inserted two thousand five hundred unit doses or and or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form and deleted after in new division (X); substituted (Y) for (DD)(Z) and (11) for (10)' in new division (Y)(1); substituted (10) for (9) in new division (Y)(3); substituted (DD) for (EE) and inserted and that resulted in the death of a person or in physical harm to a person in new division (DD)(2)(a)(ii);

15 substituted (DD) for (EE) in new division (DD)(2)(b); added new divisions (MM) and (NN); and made corrective and nonsubstantive. Prior to deletion, former division (G) read: (G) Criminally injurious conduct means any conduct of the type that is described in division (C)(1) or (2) of section of the Revised Code and that occurs on or after July 1, 1996, or any activity that is described in divisions (C)(3) and (R) of section of the Revised Code and that occurs on or after the effective date of this amendment. Amendment Note: 1999 S 9 substituted March 10, 1998 for the effective date of this amendment in division (G); substituted curricula for curriculums in division (O); substituted (8) for (9) in division (Z)(1); added new division (NN); and made technical corrections in divisions (Z), (Z)(1), and (EE)(2)(a)(i). Amendment Note: 1997 S 111 rewrote division (A); substituted any for either in the first paragraph in division (Z); substituted (Z)(2) for (CC)(2) and inserted or (F)(10) in division (Z)(1); corrected the designation of division (Z)(3) and inserted for the offenses and in the circumstances described in division (F)(9) of section of the Revised Code therein; inserted but does not include a violation sanction center operated under authority of section of the Revised Code in division (CC); deleted , before , in division (DD); substituted section of the Revised Code as it existed prior to September 3, 1996 for former section of the Revised Code in division (EE)(2)(a)(i); and corrected the designations of divisions (JJ) through (MM). Prior to amendment, division (A) read: (A) Alternative residential facility means any facility other than an offender's home or residence in which an offender is assigned to live and that provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation. Alternative residential facility does not include a communitybased correctional facility, jail, halfway house, or prison. Amendment Note: 1997 H 378 inserted, or any activity that is described in divisions (C)(3) and (R) of section of the Revised Code and that occurs on or after the effective date of this amendment in division (G); substituted one for either in the first paragraph in division (Z); substituted (DD) for (CC) and (9) for (8) in division (Z)(1); corrected the designation of division (Z)(3); inserted as it existed under for in violation of former and inserted prior to September 3, 1996 in division (EE)(2)(a)(i); redesignated the first former divisions (OO) and (PP) as new divisions (JJ) and (KK); redesignated the second former divisions (OO) and (PP) as new divisions (LL) and (MM); and made other nonsubstantive changes. Amendment Note: 1996 S 166 inserted either of the following: in the introductory paragraph of division (CC); designated division (CC)(1) and inserted Subject to division (CC)(2) of this section, the and described in this division therein; added division

16 (CC)(2); inserted mandatory prison term, and and mandatory prison terms in division (MM); added divisions (OO) and (PP); and made other nonsubstantive changes. Amendment Note: 1996 S 269 inserted crack cocaine, in division (D); inserted a statutory reference to section in division (F); substituted July 1, 1996 for the effective date of this section in division (G); deleted divisions (R), (V), (W), (FF), and (II); redesignated former divisions (S) to (U) as divisions (R) to (T) respectively, former divisions (X) to (EE) as divisions (U) to (BB) respectively, former divisions (GG) and (HH) as divisions (CC) and (DD) respectively, and former divisions (JJ) to (NN) as divisions (EE) to (II) respectively; inserted crack following one hundred grams of and inserted at least one thousand grams of cocaine that is not crack cocaine in division (Y); and made other nonsubstantive changes. Prior thereto divisions (R), (V), (W), (FF), and (II) read: (R) Financial institution means a bank, savings and loan association, or credit union or a regulated investment company or mutual fund in which a person who is required to pay a financial sanction imposed pursuant to section of the Revised Code has funds on deposit that are not exempt under the law of this state or the United States from execution, attachment, or other legal process. (V) Income means, except as excluded in this division, any accession to wealth that is clearly realized by an offender and over which the offender has complete control. Income does not include any benefit received by an offender from any means-tested public assistance program, including aid to families with dependent children, supplemental security income, food stamps, or general relief, does not include any benefit received by an offender for any service-connected disability under a program or law administered by the United States department of veterans' affairs or veterans' administration, and does not include any child support received by an offender. (W) Income source means any employer paying personal earnings to an offender; any employer paying workers' compensation benefits to an offender; the bureau of workers' compensation; or any other governmental or private entity, other than an entity that pays any pension, annuity, allowance, or other retirement or pension benefit, that pays to an offender any other form of income, including any disability or sick pay, insurance proceeds, lottery prize award, federal, state, or local government benefit to the extent the benefit can be withheld or deducted under any law governing the benefit, trust fund or endowment fund in any form, vacation pay, commission or draw against commission that is paid on a regular basis, bonus or profit sharing payment or distribution, and lump sum payment. (FF) Personal earnings' means compensation paid or payable for personal services, however denominated, including any wages, salary, commission, bonus, draw against commission, profit sharing, or vacation pay. (II) Public assistance means medical assistance under section of the Revised Code, aid to dependent children under Chapter of the Revised Code, supplemental

17 security income provided pursuant to Title XVI of the Social Security Act, 86 Stat (1972), 42 U.S.C.A. 1383, as amended, or disability assistance under Chapter of the Revised Code. Amendment Note: 1996 H 180 inserted either of the following in the introductory paragraph of division (CC); designated division (CC)(1), and changed statutory references from division (F) to divisions (F)(1) to (8) of section therein; added divisions (CC)(2), (OO), and (PP); and inserted a statutory reference to section in division (MM). Amendment Note: 1996 H 445 inserted in violation of former section of the Revised Code in division (JJ)(2)(i). Amendment Note: 1996 H 480 changed references from minimum security misdemeanant jail to minimum security jail in division (Y). LEGISLATIVE SERVICE COMMISSION 1973: This section defines the terms repeat offender and dangerous offender, used in connection with determining sentences, eligibility for probation, and eligibility for early release on parole. In general, repeat offenders are those with a history of persistent criminal activity and who appear to be bad risks for the future. A person is prima facie a repeat offender if he has served time on a prior conviction and is convicted of a second offense of violence, second sex offense, or second theft offense, or is convicted of a third felony, or of a fourth offense of any kind or degree (other than a minor misdemeanor, intoxication offense, or traffic offense). Dangerous offenders are those who have committed an offense, whose history, character and condition reveal them as dangerous, and whose conduct shows a pattern of repetitive, compulsive, or aggressive behavior without thought for the consequences. The term dangerous offender equates with psychopathic offender. Chapter brings together in one unit the basic rules for dealing with convicted offenders--the range of penalties which may be assessed, guidelines for choosing the penalty to be imposed, and general rules for modifying sentences. Flexibility is emphasized, particularly at the trial court level but also at the corrections level, and the overall effect of the new penalty structure is to encourage tailoring sentences to fit individual offenders rather than to fit the type of crime alone. The death penalty is reinstated for aggravated murder, which includes premeditated murder and felony murder. Death may be imposed only if one of seven listed aggravating circumstances is specified in the indictment and proved beyond a reasonable doubt, and none of three listed mitigating circumstances is established by a preponderance of the

18 evidence. The jury decides whether aggravation is present or not, but the trial court decides the question of mitigation in a separate hearing following the trial. With respect to sentences for felonies other than murder, the concept of indeterminant sentencing is retained, but while the maximum terms are fixed, the trial court determines the minimum term to be imposed from among four choices given in the statute for each degree. Also, only a few felonies under former law carried fines, but under the new code all felonies may have a fine imposed in addition to imprisonment. Detailed criteria are given to aid the trial court in determining the penalty to be imposed in a given case. Conceptually, the misdemeanor penalties are much the same as in former law. That is, either a fine, or a definite term of imprisonment, or both, may be imposed. As with felony penalties, detailed guidelines are provided for choosing the penalty to be imposed in a given case. In addition to the usual penalties for the various degrees of offenses, the chapter contains a schedule of fines applicable to organizations for all degrees of offenses (under section , an organization may be convicted of any offense under certain circumstances). Also the chapter lists the different ways in which a trial court may modify sentences, including consecutive and concurrent sentences, probation, shock probation, split sentencing, weekend sentencing, installment payment of fines, and other measures. CROSS REFERENCES Aggravated vehicular assault, Aggravated vehicular homicide, Annual report to contain statistics on prisoners, Arrest of person violating probation; community control sanction, defined, Assault, community control sanction defined, Assaulting police dog, horse, or service dog, penalty, Caretaker authorization affidavit, form and content, Community corrections programs defined, Comprehensive criminal sentencing structure, duties upon implementation, Conspiracy, additional penalties, Convicted felons forbidden to serve as election officers, Delinquent children, admissibility of evidence of disposition, DNA testing of certain prisoners, Driving under OVI suspension, Driving under the influence of alcohol or drugs, Drug offenses, additional penalties, Drug offenses, definitions, Form and content of power of attorney, grandparents, Intensive program prisons, Intensive program prisons, fourth degree felony OMVI offenders, Intervention in lieu of conviction, Pardon and parole, definitions,

19 Penitentiary, duration of sentences; prison term, defined, Pharmacists, major drug offenders, additional penalties, Possession offenses; dangerous offender, defined, Presentence investigation reports, community control sanction defined, Priority of assignment of payments by offender; community control sanction, defined, Probation department; community control sanction, defined, Rehabilitation and correction department, agreements with local authorities for housing prisoners, Requirements for community based correctional facility proposals, Specification concerning major drug offender; major drug offender, defined, Specification concerning repeat violent offenders; repeat violent offender, defined, Victims' rights; custodial agency, defined, Waiver of statutory precondition for nonconsensual entry; law enforcement officer, defined, Wrongful entrustment of motor vehicle, OHIO ADMINISTRATIVE CODE REFERENCES Community program release time for inmates who are not dangerous offenders, OAC LIBRARY REFERENCES Baldwin's Ohio Legislative Service, 1995 S 2--LSC Analysis, p 8/L-2907 RESEARCH REFERENCES Encyclopedias OH Jur. 3d Criminal Law 949, Generally; Catchall Mitigating Factor. OH Jur. 3d Criminal Law 2363, Prior Conviction. OH Jur. 3d Criminal Law 3220, Generally; Power to Impose Fines and Punishment. OH Jur. 3d Criminal Law 3241, Sexual Predator Hearing; Notice--Inclusion of Finding in Sentence. OH Jur. 3d Criminal Law 3242, Community Control Sanction. OH Jur. 3d Criminal Law 3243, Financial Sanction or Fine. OH Jur. 3d Criminal Law 3278, Felony of the Third Degree.