| (B) There is hereby established the state victims assistance | 20 |
|
advisory council. The council shall consist of a chairperson, to | 21 |
|
be appointed by the attorney general, three ex officio members, | 22 |
and fifteenseventeen members to be appointed by the attorney | 23 |
|
general as follows: one member who represents the Ohio | 24 |
|
victim-witness association; three members who represent local | 25 |
|
victim assistance programs, including one from a municipally | 26 |
|
operated program and one from a county-operated program; one | 27 |
|
member who represents the interests of elderly victims; one member | 28 |
|
who represents the interests of individuals with mental illness; | 29 |
|
one member who is a board member of any statewide or local | 30 |
|
organization that exists primarily to aid victims of domestic | 31 |
violence, or who is an employee of, or counselor for, such an | 32 |
|
organization; one member who is a board member of any statewide or | 33 |
|
local organization that exists primarily to aid victims of sexual | 34 |
|
violence or who is an employee of or a counselor for an | 35 |
|
organization that exists primarily to aid victims of sexual | 36 |
|
violence; one member who is an employee or officer of a county | 37 |
|
probation department or a probation department operated by the | 38 |
|
department of rehabilitation and correction; one member who is a | 39 |
|
county prosecuting attorney; one member who is a city law | 40 |
|
director; one member who is a county sheriff; one member who is a | 41 |
|
member or officer of a township or municipal police department; | 42 |
|
one member who is a court of common pleas judge; one member who is | 43 |
|
a municipal court judge or county court judge; and two members who | 44 |
|
are private citizens and are not government employees. | 45 |
| Members of the council shall serve without compensation, but | 51 |
|
shall be reimbursed for travel and other necessary expenses that | 52 |
|
are incurred in the conduct of their official duties as members of | 53 |
|
the council. The chairperson and members of the council appointed | 54 |
|
by the attorney general shall serve at the pleasure of the | 55 |
|
attorney general. The attorney general shall serve on the council | 56 |
|
until the end of the term of office that qualified the attorney | 57 |
|
general for membership on the council. The member of the senate | 58 |
|
and the member of the house of representatives shall serve at the | 59 |
|
pleasure of the president of the senate and the speaker of the | 60 |
|
house of representatives, respectively. | 61 |
| (b) Programs offering or proposing to offer the broadest | 77 |
|
range of services and referrals to the community served, including | 78 |
|
medical, psychological, financial, educational, vocational, and | 79 |
|
legal services that were not in existence on July 1, 1985, shall | 80 |
|
be given second priority; | 81 |
| (c) A program operated by a government-based or nonprofit | 112 |
|
entity that provides a full continuum of services to victims of | 113 |
|
sexual assault, including hotlines, victim advocacy, and support | 114 |
|
services from the onset of the need for services through the | 115 |
|
completion of healing, that does not provide medical services, and | 116 |
|
that may refer victims to physicians for medical care but does not | 117 |
|
engage in or refer for services for which the use of genetic | 118 |
|
services funds is prohibited by section 3701.511 of the Revised | 119 |
|
Code. | 120 |
| (B) There is hereby created in the state treasury the rape | 128 |
|
crisis program trust fund, consisting of money paid into the fund | 129 |
|
pursuant to sections 307.515 and 311.172 of the Revised Code and | 130 |
|
any money appropriated to the fund by the general assembly or | 131 |
|
donated to the fund. The attorney general shall administer the | 132 |
|
fund. The attorney general may use not more than five per cent of | 133 |
|
the money deposited or appropriated into the fund to pay costs | 134 |
|
associated with administering this section and shall use at least | 135 |
|
ninety-five per cent of the money deposited or appropriated into | 136 |
|
the fund for the purpose of providing funding to rape crisis | 137 |
|
programs under this section. | 138 |
| Sec. 307.515. (A) All fines and penalties collected by, and | 163 |
|
moneys arising from forfeited bail in, a municipal court for | 164 |
|
offenses and misdemeanors brought for prosecution in the name of a | 165 |
|
municipal corporation under one of its penal ordinances, where | 166 |
|
there is in force a state statute under which the offense might be | 167 |
|
prosecuted, or brought for prosecution in the name of the state, | 168 |
|
except a portion of those fines, penalties, and moneys that, plus | 169 |
|
all costs collected monthly in those state cases, equal the | 170 |
|
compensation allowed by the board of county commissioners to the | 171 |
|
judges of the municipal court, its clerk, and the prosecuting | 172 |
|
attorney of that court in state cases, shall be retained by the | 173 |
|
clerk of that municipal court and shall be deposited by the clerk | 174 |
|
each month in the county law library resources fund that is | 175 |
|
created under section 307.514 of the Revised Code in the county in | 176 |
|
which that municipal corporation is located. The sum that the | 177 |
|
clerk of the municipal court deposits in the county law library | 178 |
|
resources fund shall in no month be less than twenty-five per cent | 179 |
|
of the amount of such fines, penalties, and moneys received in | 180 |
|
that month, without deducting the amount of the allowance of the | 181 |
|
board of county commissioners to the judges, clerk, and | 182 |
|
prosecuting attorney. | 183 |
| (4) In counties having a population of in excess of one | 201 |
|
hundred fifty thousand, fifteen thousand dollars in any calendar | 202 |
|
year. The maximum amount to be paid by each clerk shall be | 203 |
|
determined by the county auditor in December of each year for the | 204 |
|
next succeeding calendar year and shall bear the same ratio to the | 205 |
|
total amount payable under this section from the clerks of all | 206 |
|
municipal courts in such county as the total fines, costs, and | 207 |
|
forfeitures received by the corresponding municipal court, bear to | 208 |
|
the total fines, costs, and forfeitures received by all the | 209 |
|
municipal courts in the county, as shown for the last complete | 210 |
|
year of actual receipts, on the latest available budgets of such | 211 |
|
municipal courts. Payments in the full amounts provided in this | 212 |
|
section shall be made monthly by each clerk in each calendar year | 213 |
|
until the maximum amount for such year has been paid. When that | 214 |
|
amount, so determined by the auditor, has been paid to the county | 215 |
|
law library resources fund, then no further payments shall be | 216 |
|
required in that calendar year from the clerk of that court. | 217 |
| (B) The county treasurer, upon the voucher of the county | 224 |
|
auditor, shall deposit fifty per cent of all moneys collected by a | 225 |
|
county court accruing from fines, penalties, and forfeited bail, | 226 |
|
unless otherwise distributed by law, in the county law library | 227 |
|
resources fund in that county that is created under section | 228 |
|
307.514 of the Revised Code. The county treasurer shall deposit | 229 |
|
those moneys into that fund within thirty days after those moneys | 230 |
|
have been paid into the county treasury by the clerk of the county | 231 |
|
court. | 232 |
| (C) In each county of the state, the clerk of the court of | 239 |
|
common pleas and the clerk of the probate court shall retain all | 240 |
|
fines and penalties collected by, and moneys arising from | 241 |
|
forfeited bail in, the court of common pleas and the probate court | 242 |
|
of that county for offenses and misdemeanors brought for | 243 |
|
prosecution in those courts in the name of the state and monthly | 244 |
|
shall deposit those moneys in the county law library resources | 245 |
|
fund in that county that is created under section 307.514 of the | 246 |
|
Revised Code. The total sums so deposited shall not exceed twelve | 247 |
|
hundred fifty dollars per annum, and when that amount has been | 248 |
|
deposited in the fund in accordance with this section then no | 249 |
|
further payments shall be required under this section in that | 250 |
|
calendar year from the clerks of those respective courts. | 251 |
| (D) In each county, the treasurer of the county or the | 263 |
|
treasurer of the municipal corporation shall deposit monthly fifty | 264 |
|
per cent of all fines and penalties collected by, and fifty per | 265 |
|
cent of moneys arising from forfeited bail in, any court in that | 266 |
|
county for offenses brought for prosecution under Chapters 4301. | 267 |
|
and 4303. of the Revised Code and the state traffic laws in the | 268 |
|
county legal resources fund in that county that is created under | 269 |
|
section 307.514 of the Revised Code. The sum so deposited in that | 270 |
|
fund by each treasurer shall not exceed twelve hundred dollars per | 271 |
|
annum under Chapters 4301. and 4303. of the Revised Code, and when | 272 |
|
that amount has been deposited in that fund in accordance with | 273 |
|
this section, then no further deposits shall be required under | 274 |
|
this section in that calendar year from those treasurers. | 275 |
| Sec. 2929.18. (A) Except as otherwise provided in this | 297 |
|
division and in addition to imposing court costs pursuant to | 298 |
|
section 2947.23 of the Revised Code, the court imposing a sentence | 299 |
|
upon an offender for a felony may sentence the offender to any | 300 |
|
financial sanction or combination of financial sanctions | 301 |
|
authorized under this section or, in the circumstances specified | 302 |
|
in section 2929.32 of the Revised Code, may impose upon the | 303 |
|
offender a fine in accordance with that section. Financial | 304 |
|
sanctions that may be imposed pursuant to this section include, | 305 |
|
but are not limited to, the following: | 306 |
| (1) Restitution by the offender to the victim of the | 307 |
|
offender's crime or any survivor of the victim, in an amount based | 308 |
|
on the victim's economic loss. If the court imposes restitution, | 309 |
|
the court shall order that the restitution be made to the victim | 310 |
|
in open court, to the adult probation department that serves the | 311 |
|
county on behalf of the victim, to the clerk of courts, or to | 312 |
|
another agency designated by the court. If the court imposes | 313 |
|
restitution, at sentencing, the court shall determine the amount | 314 |
|
of restitution to be made by the offender. If the court imposes | 315 |
|
restitution, the court may base the amount of restitution it | 316 |
|
orders on an amount recommended by the victim, the offender, a | 317 |
|
presentence investigation report, estimates or receipts indicating | 318 |
|
the cost of repairing or replacing property, and other | 319 |
|
information, provided that the amount the court orders as | 320 |
|
restitution shall not exceed the amount of the economic loss | 321 |
|
suffered by the victim as a direct and proximate result of the | 322 |
|
commission of the offense. If the court decides to impose | 323 |
|
restitution, the court shall hold a hearing on restitution if the | 324 |
|
offender, victim, or survivor disputes the amount. All restitution | 325 |
|
payments shall be credited against any recovery of economic loss | 326 |
|
in a civil action brought by the victim or any survivor of the | 327 |
|
victim against the offender. | 328 |
| (2) Except as provided in division (B)(1), (3), or (4) of | 338 |
|
this section, a fine payable by the offender to the state, to a | 339 |
|
political subdivision, or as described in division (B)(2) of this | 340 |
|
section to one or more law enforcement agencies, with the amount | 341 |
|
of the fine based on a standard percentage of the offender's daily | 342 |
|
income over a period of time determined by the court and based | 343 |
|
upon the seriousness of the offense. A fine ordered under this | 344 |
|
division shall not exceed the maximum conventional fine amount | 345 |
|
authorized for the level of the offense under division (A)(3) of | 346 |
|
this section. | 347 |
| (b) If the offender is sentenced to a sanction of confinement | 382 |
|
pursuant to section 2929.14 or 2929.16 of the Revised Code that is | 383 |
|
to be served in a facility operated by a board of county | 384 |
|
commissioners, a legislative authority of a municipal corporation, | 385 |
|
or another local governmental entity, if, pursuant to section | 386 |
|
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, | 387 |
|
or 2947.19 of the Revised Code and section 2929.37 of the Revised | 388 |
|
Code, the board, legislative authority, or other local | 389 |
|
governmental entity requires prisoners to reimburse the county, | 390 |
|
municipal corporation, or other entity for its expenses incurred | 391 |
|
by reason of the prisoner's confinement, and if the court does not | 392 |
|
impose a financial sanction under division (A)(5)(a)(ii) of this | 393 |
|
section, confinement costs may be assessed pursuant to section | 394 |
|
2929.37 of the Revised Code. In addition, the offender may be | 395 |
|
required to pay the fees specified in section 2929.38 of the | 396 |
|
Revised Code in accordance with that section. | 397 |
| (B)(1) For a first, second, or third degree felony violation | 400 |
|
of any provision of Chapter 2925., 3719., or 4729. of the Revised | 401 |
|
Code, the sentencing court shall impose upon the offender a | 402 |
|
mandatory fine of at least one-half of, but not more than, the | 403 |
|
maximum statutory fine amount authorized for the level of the | 404 |
|
offense pursuant to division (A)(3) of this section. If an | 405 |
|
offender alleges in an affidavit filed with the court prior to | 406 |
|
sentencing that the offender is indigent and unable to pay the | 407 |
|
mandatory fine and if the court determines the offender is an | 408 |
|
indigent person and is unable to pay the mandatory fine described | 409 |
|
in this division, the court shall not impose the mandatory fine | 410 |
|
upon the offender. | 411 |
| (4) Notwithstanding any fine otherwise authorized or required | 425 |
|
to be imposed under division (A)(2) or (3) or (B)(1) of this | 426 |
|
section or section 2929.31 of the Revised Code for a violation of | 427 |
|
section 2925.03 of the Revised Code, in addition to any penalty or | 428 |
|
sanction imposed for that offense under section 2925.03 or | 429 |
|
sections 2929.11 to 2929.18 of the Revised Code and in addition to | 430 |
|
the forfeiture of property in connection with the offense as | 431 |
|
prescribed in Chapter 2981. of the Revised Code, the court that | 432 |
|
sentences an offender for a violation of section 2925.03 of the | 433 |
|
Revised Code may impose upon the offender a fine in addition to | 434 |
|
any fine imposed under division (A)(2) or (3) of this section and | 435 |
|
in addition to any mandatory fine imposed under division (B)(1) of | 436 |
|
this section. The fine imposed under division (B)(4) of this | 437 |
|
section shall be used as provided in division (H) of section | 438 |
|
2925.03 of the Revised Code. A fine imposed under division (B)(4) | 439 |
|
of this section shall not exceed whichever of the following is | 440 |
|
applicable: | 441 |
| (b) If the offender has no interest in any property of the | 448 |
|
type described in division (B)(4)(a) of this section or if it is | 449 |
|
not possible to ascertain whether the offender has an interest in | 450 |
|
any property of that type in which the offender may have an | 451 |
|
interest, the amount of the mandatory fine for the offense imposed | 452 |
|
under division (B)(1) of this section or, if no mandatory fine is | 453 |
|
imposed under division (B)(1) of this section, the amount of the | 454 |
|
fine authorized for the level of the offense imposed under | 455 |
|
division (A)(3) of this section. | 456 |
| (5) Prior to imposing a fine under division (B)(4) of this | 457 |
|
section, the court shall determine whether the offender has an | 458 |
|
interest in any property of the type described in division | 459 |
|
(B)(4)(a) of this section. Except as provided in division (B)(6) | 460 |
|
or (7) of this section, a fine that is authorized and imposed | 461 |
|
under division (B)(4) of this section does not limit or affect the | 462 |
|
imposition of the penalties and sanctions for a violation of | 463 |
|
section 2925.03 of the Revised Code prescribed under those | 464 |
|
sections or sections 2929.11 to 2929.18 of the Revised Code and | 465 |
|
does not limit or affect a forfeiture of property in connection | 466 |
|
with the offense as prescribed in Chapter 2981. of the Revised | 467 |
|
Code. | 468 |
| (6) If the sum total of a mandatory fine amount imposed for a | 469 |
|
first, second, or third degree felony violation of section 2925.03 | 470 |
|
of the Revised Code under division (B)(1) of this section plus the | 471 |
|
amount of any fine imposed under division (B)(4) of this section | 472 |
|
does not exceed the maximum statutory fine amount authorized for | 473 |
|
the level of the offense under division (A)(3) of this section or | 474 |
|
section 2929.31 of the Revised Code, the court may impose a fine | 475 |
|
for the offense in addition to the mandatory fine and the fine | 476 |
|
imposed under division (B)(4) of this section. The sum total of | 477 |
|
the amounts of the mandatory fine, the fine imposed under division | 478 |
|
(B)(4) of this section, and the additional fine imposed under | 479 |
|
division (B)(6) of this section shall not exceed the maximum | 480 |
|
statutory fine amount authorized for the level of the offense | 481 |
|
under division (A)(3) of this section or section 2929.31 of the | 482 |
|
Revised Code. The clerk of the court shall pay any fine that is | 483 |
|
imposed under division (B)(6) of this section to the county, | 484 |
|
township, municipal corporation, park district as created pursuant | 485 |
|
to section 511.18 or 1545.04 of the Revised Code, or state law | 486 |
|
enforcement agencies in this state that primarily were responsible | 487 |
|
for or involved in making the arrest of, and in prosecuting, the | 488 |
|
offender pursuant to division (F) of section 2925.03 of the | 489 |
|
Revised Code. | 490 |
| (7) If the sum total of the amount of a mandatory fine | 491 |
|
imposed for a first, second, or third degree felony violation of | 492 |
|
section 2925.03 of the Revised Code plus the amount of any fine | 493 |
|
imposed under division (B)(4) of this section exceeds the maximum | 494 |
|
statutory fine amount authorized for the level of the offense | 495 |
|
under division (A)(3) of this section or section 2929.31 of the | 496 |
|
Revised Code, the court shall not impose a fine under division | 497 |
|
(B)(6) of this section. | 498 |
| (8)(a) If an offender who is convicted of or pleads guilty to | 499 |
|
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or | 500 |
|
2923.32, division (A)(1) or (2) of section 2907.323, or division | 501 |
|
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised | 502 |
|
Code also is convicted of or pleads guilty to a specification of | 503 |
|
the type described in section 2941.1422 of the Revised Code that | 504 |
|
charges that the offender knowingly committed the offense in | 505 |
|
furtherance of human trafficking, the sentencing court shall | 506 |
|
sentence the offender to a financial sanction of restitution by | 507 |
|
the offender to the victim or any survivor of the victim, with the | 508 |
|
restitution including the costs of housing, counseling, and | 509 |
|
medical and legal assistance incurred by the victim as a direct | 510 |
|
result of the offense and the greater of the following: | 511 |
| (b) If a court imposing sentence upon an offender for a | 518 |
|
felony is required to impose upon the offender a financial | 519 |
|
sanction of restitution under division (B)(8)(a) of this section, | 520 |
|
in addition to that financial sanction of restitution, the court | 521 |
|
may sentence the offender to any other financial sanction or | 522 |
|
combination of financial sanctions authorized under this section, | 523 |
|
including a restitution sanction under division (A)(1) of this | 524 |
|
section. | 525 |
| (C)(1) The offender shall pay reimbursements imposed upon the | 532 |
|
offender pursuant to division (A)(5)(a) of this section to pay the | 533 |
|
costs incurred by the department of rehabilitation and correction | 534 |
|
in operating a prison or other facility used to confine offenders | 535 |
|
pursuant to sanctions imposed under section 2929.14, 2929.142, or | 536 |
|
2929.16 of the Revised Code to the treasurer of state. The | 537 |
|
treasurer of state shall deposit the reimbursements in the | 538 |
|
confinement cost reimbursement fund that is hereby created in the | 539 |
|
state treasury. The department of rehabilitation and correction | 540 |
|
shall use the amounts deposited in the fund to fund the operation | 541 |
|
of facilities used to confine offenders pursuant to sections | 542 |
|
2929.14, 2929.142, and 2929.16 of the Revised Code. | 543 |
| (2) Except as provided in section 2951.021 of the Revised | 544 |
|
Code, the offender shall pay reimbursements imposed upon the | 545 |
|
offender pursuant to division (A)(5)(a) of this section to pay the | 546 |
|
costs incurred by a county pursuant to any sanction imposed under | 547 |
|
this section or section 2929.16 or 2929.17 of the Revised Code or | 548 |
|
in operating a facility used to confine offenders pursuant to a | 549 |
|
sanction imposed under section 2929.16 of the Revised Code to the | 550 |
|
county treasurer. The county treasurer shall deposit the | 551 |
|
reimbursements in the sanction cost reimbursement fund that each | 552 |
|
board of county commissioners shall create in its county treasury. | 553 |
|
The county shall use the amounts deposited in the fund to pay the | 554 |
|
costs incurred by the county pursuant to any sanction imposed | 555 |
|
under this section or section 2929.16 or 2929.17 of the Revised | 556 |
|
Code or in operating a facility used to confine offenders pursuant | 557 |
|
to a sanction imposed under section 2929.16 of the Revised Code. | 558 |
| (3) Except as provided in section 2951.021 of the Revised | 559 |
|
Code, the offender shall pay reimbursements imposed upon the | 560 |
|
offender pursuant to division (A)(5)(a) of this section to pay the | 561 |
|
costs incurred by a municipal corporation pursuant to any sanction | 562 |
|
imposed under this section or section 2929.16 or 2929.17 of the | 563 |
|
Revised Code or in operating a facility used to confine offenders | 564 |
|
pursuant to a sanction imposed under section 2929.16 of the | 565 |
|
Revised Code to the treasurer of the municipal corporation. The | 566 |
|
treasurer shall deposit the reimbursements in a special fund that | 567 |
|
shall be established in the treasury of each municipal | 568 |
|
corporation. The municipal corporation shall use the amounts | 569 |
|
deposited in the fund to pay the costs incurred by the municipal | 570 |
|
corporation pursuant to any sanction imposed under this section or | 571 |
|
section 2929.16 or 2929.17 of the Revised Code or in operating a | 572 |
|
facility used to confine offenders pursuant to a sanction imposed | 573 |
|
under section 2929.16 of the Revised Code. | 574 |
| (D) Except as otherwise provided in this division, a | 580 |
|
financial sanction imposed pursuant to division (A) or (B) of this | 581 |
|
section is a judgment in favor of the state or a political | 582 |
|
subdivision in which the court that imposed the financial sanction | 583 |
|
is located, and the offender subject to the financial sanction is | 584 |
|
the judgment debtor. A financial sanction of reimbursement imposed | 585 |
|
pursuant to division (A)(5)(a)(ii) of this section upon an | 586 |
|
offender who is incarcerated in a state facility or a municipal | 587 |
|
jail is a judgment in favor of the state or the municipal | 588 |
|
corporation, and the offender subject to the financial sanction is | 589 |
|
the judgment debtor. A financial sanction of reimbursement imposed | 590 |
|
upon an offender pursuant to this section for costs incurred by a | 591 |
|
private provider of sanctions is a judgment in favor of the | 592 |
|
private provider, and the offender subject to the financial | 593 |
|
sanction is the judgment debtor. A financial sanction of | 594 |
|
restitution imposed pursuant to division (A)(1) or (B)(8) of this | 595 |
|
section is an order in favor of the victim of the offender's | 596 |
|
criminal act that can be collected through a certificate of | 597 |
|
judgment as described in division (D)(1) of this section, through | 598 |
|
execution as described in division (D)(2) of this section, or | 599 |
|
through an order as described in division (D)(3) of this section, | 600 |
|
and the offender shall be considered for purposes of the | 601 |
|
collection as the judgment debtor. Imposition of a financial | 602 |
|
sanction and execution on the judgment does not preclude any other | 603 |
|
power of the court to impose or enforce sanctions on the offender. | 604 |
|
Once the financial sanction is imposed as a judgment or order | 605 |
|
under this division, the victim, private provider, state, or | 606 |
|
political subdivision may do any of the following: | 607 |
| (F) Each court imposing a financial sanction upon an offender | 637 |
|
under this section or under section 2929.32 of the Revised Code | 638 |
|
may designate the clerk of the court or another person to collect | 639 |
|
the financial sanction. The clerk or other person authorized by | 640 |
|
law or the court to collect the financial sanction may enter into | 641 |
|
contracts with one or more public agencies or private vendors for | 642 |
|
the collection of, amounts due under the financial sanction | 643 |
|
imposed pursuant to this section or section 2929.32 of the Revised | 644 |
|
Code. Before entering into a contract for the collection of | 645 |
|
amounts due from an offender pursuant to any financial sanction | 646 |
|
imposed pursuant to this section or section 2929.32 of the Revised | 647 |
|
Code, a court shall comply with sections 307.86 to 307.92 of the | 648 |
|
Revised Code. | 649 |
| Section 4. Within the limits set forth in this act, the | 680 |
|
Director of Budget and Management shall establish accounts | 681 |
|
indicating the source and amount of funds for each appropriation | 682 |
|
made in this act, and shall determine the form and manner in which | 683 |
|
appropriation accounts shall be maintained. Expenditures from | 684 |
|
appropriations contained in this act shall be accounted for as | 685 |
|
though made in the main operating appropriations act of the 130th | 686 |
|
General Assembly. | 687 |
