Bill Text: OH SB143 | 2013-2014 | 130th General Assembly | Engrossed

Ohio Senate Bill 143 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To permit the Attorney General to authorize the release of information relating to certain arrests and delinquent child adjudications pursuant to a request for a criminal records check; to regulate the confidentiality of personal information related to community service block grants; to clarify the authority of boards of county commissioners to establish a community alternative sentencing center; to authorize a municipal corporation to establish a community alternative sentencing center; to modify the procedure for sentencing and admitting an eligible offender to a community alternative sentencing center; to clarify that an eligible offender must successfully complete any term in a center as a condition of a community residential sanction; to include the best interests of the person as a reason for which an alleged or adjudicated delinquent child who is at least 18 but younger than 21 may be held in an adult detention facility; to modify the waiting period for making a motion or application for the sealing of a juvenile court record of a person who is 18 years of age or older; to reaffirm that BCII is a public office or agency for purposes of notification of a delinquency record-sealing order; to specify that most identifying information that relates to the admission and confinement in an adult detention facility of a person under 21 generally is confidential; to clarify a court's authority to commit a delinquent child to the Department of Youth Services for a violation of supervised release; to authorize a court to order restitution if a person convicted of driving under suspension or driving under financial-responsibility-law suspension or cancellation fails to provide proof of financial responsibility; to extend the existence of the Ex-offender Reentry Coalition until December 31, 2019; to authorize a person charged with multiple offenses in connection with the same act to apply for the sealing of records pertaining to an acquitted charge; to eliminate the requirement that notice of a sealing order be sent by certified mail; to modify the requirements regarding testing for HIV of persons charged with specified sex offense; to increase the sentence of imprisonment that disqualifies an inmate from participating in the prison nursery program; to remove the cap of 40 hours per month and give a court discretion in setting the amount of credit for community service ordered for failure to pay a criminal court cost judgment; to authorize a court that receives or is forwarded a petition for a certificate of qualification for employment to direct the clerk of court to process and record all required notices; to include persons convicted twice of the same misdemeanor as eligible offenders for purposes of sealing records of the convictions; to provide a qualified immunity in specified circumstances to a government official who mistakenly releases information from a sealed or expunged record; to clarify the application of the Conviction Record Sealing Law to individual convictions and bail forfeitures; to preclude a court from disapproving transitional control of a prisoner who is serving a sentence of more than two years; to authorize an additional prison term for the commission of a felony while on transitional control; and to eliminate the warning notice that motor vehicle registration may be blocked for failure to appear in court or pay a fine.

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Passed) 2014-09-19 - Effective Date [SB143 Detail]

Download: Ohio-2013-SB143-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 143

Senators Seitz, Smith

Cosponsors: Senators Balderson, Beagle, Brown, Eklund, Hite, Lehner, Patton, Sawyer, Uecker

A BILL

To amend sections 109.57, 109.572, 109.578, 122.681,

307.932, 2151.311, 2151.356, 2151.357, 2152.26,

2907.27, 2907.28, 2929.26, 2947.23, 2953.25,

2953.31, 2953.32, 2953.321, 2953.35, 2953.36,

2953.61, 4510.111, 4510.16, 5120.651, 5139.01, and

5139.52 of the Revised Code to permit the Attorney

General to authorize the release of information

relating to certain arrests and delinquent child

adjudications pursuant to a request for a criminal

records check; to regulate the confidentiality of

personal information related to community service

block grants; to clarify the authority of boards

of county commissioners to establish a community

alternative sentencing center; to modify the

procedure for sentencing and admitting an eligible

offender to a community alternative sentencing

center; to clarify that an eligible offender must

successfully complete any term in a center as a

condition of a community residential sanction; to

include the best interests of the person as a

reason for which an alleged or adjudicated

delinquent child who is at least 18 but younger

than 21 may be held in an adult detention

facility; to modify the waiting period for making

a motion or application for the sealing of a

juvenile court record of a person who is 18 years

of age or older; to reaffirm that BCII is a public

office or agency for purposes of notification of a

delinquency record-sealing order; to specify that

most identifying information that relates to the

admission and confinement in an adult detention

facility of a person under 21 generally is

confidential; to clarify a court's authority to

commit a delinquent child to the Department of

Youth Services for a violation of supervised

release; to authorize a court to order restitution

if a person convicted of driving under suspension

or driving under financial-responsibility-law

suspension or cancellation fails to provide proof

of financial responsibility; to authorize a person

charged with multiple offenses in connection with

the same act to apply for the sealing of records

pertaining to an acquitted charge; to modify the

requirements regarding testing for HIV of persons

charged with specified sex offense; to increase

the sentence of imprisonment that disqualifies an

inmate from participating in the prison nursery

program; to remove the cap of 40 hours per month

and give a court discretion in setting the amount

of credit for community service ordered for

failure to pay a criminal court cost judgment; to

authorize a court that receives or is forwarded a

petition for a certificate of qualification for

employment to direct the clerk of court to process

and record all required notices; to include

persons convicted twice of the same misdemeanor as

eligible offenders for purposes of sealing records

of the convictions; to provide a qualified

immunity in specified circumstances to a

government official who mistakenly releases

information from a sealed or expunged record; and

to clarify the application of the Conviction

Record Sealing Law to individual convictions and

bail forfeitures.

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

Section 1. That sections 109.57, 109.572, 109.578, 122.681,	65
307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27, 2907.28,	66
2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 2953.35,	67
2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01, and	68
5139.52 of the Revised Code be amended to read as follows:	69

Sec. 109.57. (A)(1) The superintendent of the bureau of	70
criminal identification and investigation shall procure from	71
wherever procurable and file for record photographs, pictures,	72
descriptions, fingerprints, measurements, and other information	73
that may be pertinent of all persons who have been convicted of	74
committing within this state a felony, any crime constituting a	75
misdemeanor on the first offense and a felony on subsequent	76
offenses, or any misdemeanor described in division (A)(1)(a),	77
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	78
all children under eighteen years of age who have been adjudicated	79
delinquent children for committing within this state an act that	80
would be a felony or an offense of violence if committed by an	81
adult or who have been convicted of or pleaded guilty to	82
committing within this state a felony or an offense of violence,	83
and of all well-known and habitual criminals. The person in charge	84
of any county, multicounty, municipal, municipal-county, or	85
multicounty-municipal jail or workhouse, community-based	86
correctional facility, halfway house, alternative residential	87
facility, or state correctional institution and the person in	88
charge of any state institution having custody of a person	89
suspected of having committed a felony, any crime constituting a	90
misdemeanor on the first offense and a felony on subsequent	91
offenses, or any misdemeanor described in division (A)(1)(a),	92
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	93
having custody of a child under eighteen years of age with respect	94
to whom there is probable cause to believe that the child may have	95
committed an act that would be a felony or an offense of violence	96
if committed by an adult shall furnish such material to the	97
superintendent of the bureau. Fingerprints, photographs, or other	98
descriptive information of a child who is under eighteen years of	99
age, has not been arrested or otherwise taken into custody for	100
committing an act that would be a felony or an offense of violence	101
who is not in any other category of child specified in this	102
division, if committed by an adult, has not been adjudicated a	103
delinquent child for committing an act that would be a felony or	104
an offense of violence if committed by an adult, has not been	105
convicted of or pleaded guilty to committing a felony or an	106
offense of violence, and is not a child with respect to whom there	107
is probable cause to believe that the child may have committed an	108
act that would be a felony or an offense of violence if committed	109
by an adult shall not be procured by the superintendent or	110
furnished by any person in charge of any county, multicounty,	111
municipal, municipal-county, or multicounty-municipal jail or	112
workhouse, community-based correctional facility, halfway house,	113
alternative residential facility, or state correctional	114
institution, except as authorized in section 2151.313 of the	115
Revised Code.	116

(2) Every clerk of a court of record in this state, other	117
than the supreme court or a court of appeals, shall send to the	118
superintendent of the bureau a weekly report containing a summary	119
of each case involving a felony, involving any crime constituting	120
a misdemeanor on the first offense and a felony on subsequent	121
offenses, involving a misdemeanor described in division (A)(1)(a),	122
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	123
involving an adjudication in a case in which a child under	124
eighteen years of age was alleged to be a delinquent child for	125
committing an act that would be a felony or an offense of violence	126
if committed by an adult. The clerk of the court of common pleas	127
shall include in the report and summary the clerk sends under this	128
division all information described in divisions (A)(2)(a) to (f)	129
of this section regarding a case before the court of appeals that	130
is served by that clerk. The summary shall be written on the	131
standard forms furnished by the superintendent pursuant to	132
division (B) of this section and shall include the following	133
information:	134

(a) The incident tracking number contained on the standard	135
forms furnished by the superintendent pursuant to division (B) of	136
this section;	137

(b) The style and number of the case;

138

139

(d) The date that the person was convicted of or pleaded	140
guilty to the offense, adjudicated a delinquent child for	141
committing the act that would be a felony or an offense of	142
violence if committed by an adult, found not guilty of the	143
offense, or found not to be a delinquent child for committing an	144
act that would be a felony or an offense of violence if committed	145
by an adult, the date of an entry dismissing the charge, an entry	146
declaring a mistrial of the offense in which the person is	147
discharged, an entry finding that the person or child is not	148
competent to stand trial, or an entry of a nolle prosequi, or the	149
date of any other determination that constitutes final resolution	150
of the case;	151

(e) A statement of the original charge with the section of	152
the Revised Code that was alleged to be violated;	153

(f) If the person or child was convicted, pleaded guilty, or	154
was adjudicated a delinquent child, the sentence or terms of	155
probation imposed or any other disposition of the offender or the	156
delinquent child.	157

If the offense involved the disarming of a law enforcement	158
officer or an attempt to disarm a law enforcement officer, the	159
clerk shall clearly state that fact in the summary, and the	160
superintendent shall ensure that a clear statement of that fact is	161
placed in the bureau's records.	162

(3) The superintendent shall cooperate with and assist	163
sheriffs, chiefs of police, and other law enforcement officers in	164
the establishment of a complete system of criminal identification	165
and in obtaining fingerprints and other means of identification of	166
all persons arrested on a charge of a felony, any crime	167
constituting a misdemeanor on the first offense and a felony on	168
subsequent offenses, or a misdemeanor described in division	169
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	170
Revised Code and of all children under eighteen years of age	171
arrested or otherwise taken into custody for committing an act	172
that would be a felony or an offense of violence if committed by	173
an adult. The superintendent also shall file for record the	174
fingerprint impressions of all persons confined in a county,	175
multicounty, municipal, municipal-county, or multicounty-municipal	176
jail or workhouse, community-based correctional facility, halfway	177
house, alternative residential facility, or state correctional	178
institution for the violation of state laws and of all children	179
under eighteen years of age who are confined in a county,	180
multicounty, municipal, municipal-county, or multicounty-municipal	181
jail or workhouse, community-based correctional facility, halfway	182
house, alternative residential facility, or state correctional	183
institution or in any facility for delinquent children for	184
committing an act that would be a felony or an offense of violence	185
if committed by an adult, and any other information that the	186
superintendent may receive from law enforcement officials of the	187
state and its political subdivisions.	188

(4) The superintendent shall carry out Chapter 2950. of the	189
Revised Code with respect to the registration of persons who are	190
convicted of or plead guilty to a sexually oriented offense or a	191
child-victim oriented offense and with respect to all other duties	192
imposed on the bureau under that chapter.	193

(5) The bureau shall perform centralized recordkeeping	194
functions for criminal history records and services in this state	195
for purposes of the national crime prevention and privacy compact	196
set forth in section 109.571 of the Revised Code and is the	197
criminal history record repository as defined in that section for	198
purposes of that compact. The superintendent or the	199
superintendent's designee is the compact officer for purposes of	200
that compact and shall carry out the responsibilities of the	201
compact officer specified in that compact.	202

(B) The superintendent shall prepare and furnish to every	203
county, multicounty, municipal, municipal-county, or	204
multicounty-municipal jail or workhouse, community-based	205
correctional facility, halfway house, alternative residential	206
facility, or state correctional institution and to every clerk of	207
a court in this state specified in division (A)(2) of this section	208
standard forms for reporting the information required under	209
division (A) of this section. The standard forms that the	210
superintendent prepares pursuant to this division may be in a	211
tangible format, in an electronic format, or in both tangible	212
formats and electronic formats.	213

(C)(1) The superintendent may operate a center for	214
electronic, automated, or other data processing for the storage	215
and retrieval of information, data, and statistics pertaining to	216
criminals and to children under eighteen years of age who are	217
adjudicated delinquent children for committing an act that would	218
be a felony or an offense of violence if committed by an adult,	219
criminal activity, crime prevention, law enforcement, and criminal	220
justice, and may establish and operate a statewide communications	221
network to be known as the Ohio law enforcement gateway to gather	222
and disseminate information, data, and statistics for the use of	223
law enforcement agencies and for other uses specified in this	224
division. The superintendent may gather, store, retrieve, and	225
disseminate information, data, and statistics that pertain to	226
children who are under eighteen years of age and that are gathered	227
pursuant to sections 109.57 to 109.61 of the Revised Code together	228
with information, data, and statistics that pertain to adults and	229
that are gathered pursuant to those sections.	230

(2) The superintendent or the superintendent's designee shall	231
gather information of the nature described in division (C)(1) of	232
this section that pertains to the offense and delinquency history	233
of a person who has been convicted of, pleaded guilty to, or been	234
adjudicated a delinquent child for committing a sexually oriented	235
offense or a child-victim oriented offense for inclusion in the	236
state registry of sex offenders and child-victim offenders	237
maintained pursuant to division (A)(1) of section 2950.13 of the	238
Revised Code and in the internet database operated pursuant to	239
division (A)(13) of that section and for possible inclusion in the	240
internet database operated pursuant to division (A)(11) of that	241
section.	242

(3) In addition to any other authorized use of information,	243
data, and statistics of the nature described in division (C)(1) of	244
this section, the superintendent or the superintendent's designee	245
may provide and exchange the information, data, and statistics	246
pursuant to the national crime prevention and privacy compact as	247
described in division (A)(5) of this section.	248

(4) The attorney general may adopt rules under Chapter 119.	249
of the Revised Code establishing guidelines for the operation of	250
and participation in the Ohio law enforcement gateway. The rules	251
may include criteria for granting and restricting access to	252
information gathered and disseminated through the Ohio law	253
enforcement gateway. The attorney general shall permit the state	254
medical board and board of nursing to access and view, but not	255
alter, information gathered and disseminated through the Ohio law	256
enforcement gateway.	257

The attorney general may appoint a steering committee to	258
advise the attorney general in the operation of the Ohio law	259
enforcement gateway that is comprised of persons who are	260
representatives of the criminal justice agencies in this state	261
that use the Ohio law enforcement gateway and is chaired by the	262
superintendent or the superintendent's designee.	263

(D)(1) The following are not public records under section	264
149.43 of the Revised Code:	265

(a) Information and materials furnished to the superintendent	266
pursuant to division (A) of this section;	267

(b) Information, data, and statistics gathered or	268
disseminated through the Ohio law enforcement gateway pursuant to	269
division (C)(1) of this section;	270

(c) Information and materials furnished to any board or	271
person under division (F) or (G) of this section.	272

(2) The superintendent or the superintendent's designee shall	273
gather and retain information so furnished under division (A) of	274
this section that pertains to the offense and delinquency history	275
of a person who has been convicted of, pleaded guilty to, or been	276
adjudicated a delinquent child for committing a sexually oriented	277
offense or a child-victim oriented offense for the purposes	278
described in division (C)(2) of this section.	279

(E)(1) The attorney general shall adopt rules, in accordance	280
with Chapter 119. of the Revised Code and subject to division	281
(E)(2) of this section, setting forth the procedure by which a	282
person may receive or release information gathered by the	283
superintendent pursuant to division (A) of this section. A	284
reasonable fee may be charged for this service. If a temporary	285
employment service submits a request for a determination of	286
whether a person the service plans to refer to an employment	287
position has been convicted of or pleaded guilty to an offense	288
listed or described in division (A)(1), (2), or (3) of section	289
109.572 of the Revised Code, the request shall be treated as a	290
single request and only one fee shall be charged.	291

(2) Except as otherwise provided in this division or division	292
(E)(3) or (4) of this section, a rule adopted under division	293
(E)(1) of this section may provide only for the release of	294
information gathered pursuant to division (A) of this section that	295
relates to the conviction of a person, or a person's plea of	296
guilty to, a criminal offense or to the arrest of a person as	297
provided in division (E)(3) of this section. The superintendent	298
shall not release, and the attorney general shall not adopt any	299
rule under division (E)(1) of this section that permits the	300
release of, any information gathered pursuant to division (A) of	301
this section that relates to an adjudication of a child as a	302
delinquent child, or that relates to a criminal conviction of a	303
person under eighteen years of age if the person's case was	304
transferred back to a juvenile court under division (B)(2) or (3)	305
of section 2152.121 of the Revised Code and the juvenile court	306
imposed a disposition or serious youthful offender disposition	307
upon the person under either division, unless either of the	308
following applies with respect to the adjudication or conviction:	309

(a) The adjudication or conviction was for a violation of	310
section 2903.01 or 2903.02 of the Revised Code.	311

(b) The adjudication or conviction was for a sexually	312
oriented offense, the juvenile court was required to classify the	313
child a juvenile offender registrant for that offense under	314
section 2152.82, 2152.83, or 2152.86 of the Revised Code, ~~and~~ that	315
classification has not been removed, and the records of the	316
adjudication or conviction have not been sealed or expunged	317
pursuant to sections 2151.355 to 2151.358 or sealed pursuant to	318
section 2952.32 of the Revised Code.	319

(3) A rule adopted under division (E)(1) of this section may	320
provide for the release of information gathered pursuant to	321
division (A) of this section that relates to the arrest of a	322
person who is eighteen years of age or older when the person has	323
not been convicted as a result of that arrest if any of the	324
following applies:	325

(a) The arrest was made outside of this state.

326

(b) A criminal action resulting from the arrest is pending,	327
and the superintendent confirms that the criminal action has not	328
been resolved at the time the criminal records check is performed.	329

(c) The bureau cannot reasonably determine whether a criminal	330
action resulting from the arrest is pending, and not more than one	331
year has elapsed since the date of the arrest.	332

(4) A rule adopted under division (E)(1) of this section may	333
provide for the release of information gathered pursuant to	334
division (A) of this section that relates to an adjudication of a	335
child as a delinquent child if not more than five years have	336
elapsed since the date of the adjudication, the adjudication was	337
for an act that would have been a felony if committed by an adult,	338
the records of the adjudication have not been sealed or expunged	339
pursuant to sections 2151.355 to 2151.358 of the Revised Code, and	340
the request for information is made under division (F) of this	341
section or under section 109.572 of the Revised Code. In the case	342
of an adjudication for a violation of the terms of community	343
control or supervised release, the five-year period shall be	344
calculated from the date of the adjudication to which the	345
community control or supervised release pertains.	346

(F)(1) As used in division (F)(2) of this section, "head	347
start agency" means an entity in this state that has been approved	348
to be an agency for purposes of subchapter II of the "Community	349
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	350
as amended.	351

(2)(a) In addition to or in conjunction with any request that	352
is required to be made under section 109.572, 2151.86, 3301.32,	353
3301.541, division (C) of section 3310.58, or section 3319.39,	354
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	355
5153.111 of the Revised Code or that is made under section	356
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	357
board of education of any school district; the director of	358
developmental disabilities; any county board of developmental	359
disabilities; any provider or subcontractor as defined in section	360
5123.081 of the Revised Code; the chief administrator of any	361
chartered nonpublic school; the chief administrator of a	362
registered private provider that is not also a chartered nonpublic	363
school; the chief administrator of any home health agency; the	364
chief administrator of or person operating any child day-care	365
center, type A family day-care home, or type B family day-care	366
home licensed under Chapter 5104. of the Revised Code; the chief	367
administrator of any head start agency; the executive director of	368
a public children services agency; a private company described in	369
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	370
Code; or an employer described in division (J)(2) of section	371
3327.10 of the Revised Code may request that the superintendent of	372
the bureau investigate and determine, with respect to any	373
individual who has applied for employment in any position after	374
October 2, 1989, or any individual wishing to apply for employment	375
with a board of education may request, with regard to the	376
individual, whether the bureau has any information gathered under	377
division (A) of this section that pertains to that individual. On	378
receipt of the request, subject to division (E)(2) of this	379
section, the superintendent shall determine whether that	380
information exists and, upon request of the person, board, or	381
entity requesting information, also shall request from the federal	382
bureau of investigation any criminal records it has pertaining to	383
that individual. The superintendent or the superintendent's	384
designee also may request criminal history records from other	385
states or the federal government pursuant to the national crime	386
prevention and privacy compact set forth in section 109.571 of the	387
Revised Code. Within thirty days of the date that the	388
superintendent receives a request, subject to division (E)(2) of	389
this section, the superintendent shall send to the board, entity,	390
or person a report of any information that the superintendent	391
determines exists, including information contained in records that	392
have been sealed under section 2953.32 of the Revised Code, and,	393
within thirty days of its receipt, subject to division (E)(2) of	394
this section, shall send the board, entity, or person a report of	395
any information received from the federal bureau of investigation,	396
other than information the dissemination of which is prohibited by	397
federal law.	398

(b) When a board of education or a registered private	399
provider is required to receive information under this section as	400
a prerequisite to employment of an individual pursuant to division	401
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	402
may accept a certified copy of records that were issued by the	403
bureau of criminal identification and investigation and that are	404
presented by an individual applying for employment with the	405
district in lieu of requesting that information itself. In such a	406
case, the board shall accept the certified copy issued by the	407
bureau in order to make a photocopy of it for that individual's	408
employment application documents and shall return the certified	409
copy to the individual. In a case of that nature, a district or	410
provider only shall accept a certified copy of records of that	411
nature within one year after the date of their issuance by the	412
bureau.	413

(c) Notwithstanding division (F)(2)(a) of this section, in	414
the case of a request under section 3319.39, 3319.391, or 3327.10	415
of the Revised Code only for criminal records maintained by the	416
federal bureau of investigation, the superintendent shall not	417
determine whether any information gathered under division (A) of	418
this section exists on the person for whom the request is made.	419

(3) The state board of education may request, with respect to	420
any individual who has applied for employment after October 2,	421
1989, in any position with the state board or the department of	422
education, any information that a school district board of	423
education is authorized to request under division (F)(2) of this	424
section, and the superintendent of the bureau shall proceed as if	425
the request has been received from a school district board of	426
education under division (F)(2) of this section.	427

(4) When the superintendent of the bureau receives a request	428
for information under section 3319.291 of the Revised Code, the	429
superintendent shall proceed as if the request has been received	430
from a school district board of education and shall comply with	431
divisions (F)(2)(a) and (c) of this section.	432

(5) When a recipient of a classroom reading improvement grant	433
paid under section 3301.86 of the Revised Code requests, with	434
respect to any individual who applies to participate in providing	435
any program or service funded in whole or in part by the grant,	436
the information that a school district board of education is	437
authorized to request under division (F)(2)(a) of this section,	438
the superintendent of the bureau shall proceed as if the request	439
has been received from a school district board of education under	440
division (F)(2)(a) of this section.	441

(G) In addition to or in conjunction with any request that is	442
required to be made under section 3701.881, 3712.09, or 3721.121	443
of the Revised Code with respect to an individual who has applied	444
for employment in a position that involves providing direct care	445
to an older adult or adult resident, the chief administrator of a	446
home health agency, hospice care program, home licensed under	447
Chapter 3721. of the Revised Code, or adult day-care program	448
operated pursuant to rules adopted under section 3721.04 of the	449
Revised Code may request that the superintendent of the bureau	450
investigate and determine, with respect to any individual who has	451
applied after January 27, 1997, for employment in a position that	452
does not involve providing direct care to an older adult or adult	453
resident, whether the bureau has any information gathered under	454
division (A) of this section that pertains to that individual.	455

In addition to or in conjunction with any request that is	456
required to be made under section 173.27 of the Revised Code with	457
respect to an individual who has applied for employment in a	458
position that involves providing ombudsman services to residents	459
of long-term care facilities or recipients of community-based	460
long-term care services, the state long-term care ombudsman, the	461
director of aging, a regional long-term care ombudsman program, or	462
the designee of the ombudsman, director, or program may request	463
that the superintendent investigate and determine, with respect to	464
any individual who has applied for employment in a position that	465
does not involve providing such ombudsman services, whether the	466
bureau has any information gathered under division (A) of this	467
section that pertains to that applicant.	468

In addition to or in conjunction with any request that is	469
required to be made under section 173.38 of the Revised Code with	470
respect to an individual who has applied for employment in a	471
direct-care position, the chief administrator of a provider, as	472
defined in section 173.39 of the Revised Code, may request that	473
the superintendent investigate and determine, with respect to any	474
individual who has applied for employment in a position that is	475
not a direct-care position, whether the bureau has any information	476
gathered under division (A) of this section that pertains to that	477
applicant.	478

In addition to or in conjunction with any request that is	479
required to be made under section 3712.09 of the Revised Code with	480
respect to an individual who has applied for employment in a	481
position that involves providing direct care to a pediatric	482
respite care patient, the chief administrator of a pediatric	483
respite care program may request that the superintendent of the	484
bureau investigate and determine, with respect to any individual	485
who has applied for employment in a position that does not involve	486
providing direct care to a pediatric respite care patient, whether	487
the bureau has any information gathered under division (A) of this	488
section that pertains to that individual.	489

On receipt of a request under this division, the	490
superintendent shall determine whether that information exists	491
and, on request of the individual requesting information, shall	492
also request from the federal bureau of investigation any criminal	493
records it has pertaining to the applicant. The superintendent or	494
the superintendent's designee also may request criminal history	495
records from other states or the federal government pursuant to	496
the national crime prevention and privacy compact set forth in	497
section 109.571 of the Revised Code. Within thirty days of the	498
date a request is received, subject to division (E)(2) of this	499
section, the superintendent shall send to the requester a report	500
of any information determined to exist, including information	501
contained in records that have been sealed under section 2953.32	502
of the Revised Code, and, within thirty days of its receipt, shall	503
send the requester a report of any information received from the	504
federal bureau of investigation, other than information the	505
dissemination of which is prohibited by federal law.	506

(H) Information obtained by a government entity or person	507
under this section is confidential and shall not be released or	508
disseminated.	509

(I) The superintendent may charge a reasonable fee for	510
providing information or criminal records under division (F)(2) or	511
(G) of this section.	512

(J) As used in this section:

513

(1) "Pediatric respite care program" and "pediatric care	514
patient" have the same meanings as in section 3712.01 of the	515
Revised Code.	516

(2) "Sexually oriented offense" and "child-victim oriented	517
offense" have the same meanings as in section 2950.01 of the	518
Revised Code.	519

(3) "Registered private provider" means a nonpublic school or	520
entity registered with the superintendent of public instruction	521
under section 3310.41 of the Revised Code to participate in the	522
autism scholarship program or section 3310.58 of the Revised Code	523
to participate in the Jon Peterson special needs scholarship	524
program.	525

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	526
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	527
a completed form prescribed pursuant to division (C)(1) of this	528
section, and a set of fingerprint impressions obtained in the	529
manner described in division (C)(2) of this section, the	530
superintendent of the bureau of criminal identification and	531
investigation shall conduct a criminal records check in the manner	532
described in division (B) of this section to determine whether any	533
information exists that indicates that the person who is the	534
subject of the request previously has been convicted of or pleaded	535
guilty to any of the following:	536

(a) A violation of section 2903.01, 2903.02, 2903.03,	537
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	538
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	539
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	540
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	541
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	542
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	543
2925.06, or 3716.11 of the Revised Code, felonious sexual	544
penetration in violation of former section 2907.12 of the Revised	545
Code, a violation of section 2905.04 of the Revised Code as it	546
existed prior to July 1, 1996, a violation of section 2919.23 of	547
the Revised Code that would have been a violation of section	548
2905.04 of the Revised Code as it existed prior to July 1, 1996,	549
had the violation been committed prior to that date, or a	550
violation of section 2925.11 of the Revised Code that is not a	551
minor drug possession offense;	552

(b) A violation of an existing or former law of this state,	553
any other state, or the United States that is substantially	554
equivalent to any of the offenses listed in division (A)(1)(a) of	555
this section;	556

(c) If the request is made pursuant to section 3319.39 of the	557
Revised Code for an applicant who is a teacher, any offense	558
specified in section 3319.31 of the Revised Code.	559

(2) On receipt of a request pursuant to section 3712.09 or	560
3721.121 of the Revised Code, a completed form prescribed pursuant	561
to division (C)(1) of this section, and a set of fingerprint	562
impressions obtained in the manner described in division (C)(2) of	563
this section, the superintendent of the bureau of criminal	564
identification and investigation shall conduct a criminal records	565
check with respect to any person who has applied for employment in	566
a position for which a criminal records check is required by those	567
sections. The superintendent shall conduct the criminal records	568
check in the manner described in division (B) of this section to	569
determine whether any information exists that indicates that the	570
person who is the subject of the request previously has been	571
convicted of or pleaded guilty to any of the following:	572

(a) A violation of section 2903.01, 2903.02, 2903.03,	573
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	574
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	575
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	576
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	577
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	578
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	579
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	580
2925.22, 2925.23, or 3716.11 of the Revised Code;	581

(b) An existing or former law of this state, any other state,	582
or the United States that is substantially equivalent to any of	583
the offenses listed in division (A)(2)(a) of this section.	584

(3) On receipt of a request pursuant to section 173.27,	585
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	586
5123.169 of the Revised Code, a completed form prescribed pursuant	587
to division (C)(1) of this section, and a set of fingerprint	588
impressions obtained in the manner described in division (C)(2) of	589
this section, the superintendent of the bureau of criminal	590
identification and investigation shall conduct a criminal records	591
check of the person for whom the request is made. The	592
superintendent shall conduct the criminal records check in the	593
manner described in division (B) of this section to determine	594
whether any information exists that indicates that the person who	595
is the subject of the request previously has been convicted of,	596
has pleaded guilty to, or (except in the case of a request	597
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised	598
Code) has been found eligible for intervention in lieu of	599
conviction for any of the following, regardless of the date of the	600
conviction, the date of entry of the guilty plea, or (except in	601
the case of a request pursuant to section 5164.34, 5164.341, or	602
5164.342 of the Revised Code) the date the person was found	603
eligible for intervention in lieu of conviction:	604

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	605
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	606
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	607
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	608
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	609
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	610
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	611
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	612
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	613
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	614
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	615
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	616
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	617
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	618
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	619
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	620
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	621
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	622
2927.12, or 3716.11 of the Revised Code;	623

(b) Felonious sexual penetration in violation of former	624
section 2907.12 of the Revised Code;	625

(c) A violation of section 2905.04 of the Revised Code as it	626
existed prior to July 1, 1996;	627

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	628
the Revised Code when the underlying offense that is the object of	629
the conspiracy, attempt, or complicity is one of the offenses	630
listed in divisions (A)(3)(a) to (c) of this section;	631

(e) A violation of an existing or former municipal ordinance	632
or law of this state, any other state, or the United States that	633
is substantially equivalent to any of the offenses listed in	634
divisions (A)(3)(a) to (d) of this section.	635

(4) On receipt of a request pursuant to section 2151.86 of	636
the Revised Code, a completed form prescribed pursuant to division	637
(C)(1) of this section, and a set of fingerprint impressions	638
obtained in the manner described in division (C)(2) of this	639
section, the superintendent of the bureau of criminal	640
identification and investigation shall conduct a criminal records	641
check in the manner described in division (B) of this section to	642
determine whether any information exists that indicates that the	643
person who is the subject of the request previously has been	644
convicted of or pleaded guilty to any of the following:	645

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	646
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	647
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	648
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	649
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	650
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	651
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	652
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	653
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	654
of the Revised Code, a violation of section 2905.04 of the Revised	655
Code as it existed prior to July 1, 1996, a violation of section	656
2919.23 of the Revised Code that would have been a violation of	657
section 2905.04 of the Revised Code as it existed prior to July 1,	658
1996, had the violation been committed prior to that date, a	659
violation of section 2925.11 of the Revised Code that is not a	660
minor drug possession offense, two or more OVI or OVUAC violations	661
committed within the three years immediately preceding the	662
submission of the application or petition that is the basis of the	663
request, or felonious sexual penetration in violation of former	664
section 2907.12 of the Revised Code;	665

(b) A violation of an existing or former law of this state,	666
any other state, or the United States that is substantially	667
equivalent to any of the offenses listed in division (A)(4)(a) of	668
this section.	669

(5) Upon receipt of a request pursuant to section 5104.012 or	670
5104.013 of the Revised Code, a completed form prescribed pursuant	671
to division (C)(1) of this section, and a set of fingerprint	672
impressions obtained in the manner described in division (C)(2) of	673
this section, the superintendent of the bureau of criminal	674
identification and investigation shall conduct a criminal records	675
check in the manner described in division (B) of this section to	676
determine whether any information exists that indicates that the	677
person who is the subject of the request has been convicted of or	678
pleaded guilty to any of the following:	679

(a) A violation of section 2903.01, 2903.02, 2903.03,	680
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	681
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	682
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	683
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	684
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	685
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	686
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	687
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	688
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	689
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	690
3716.11 of the Revised Code, felonious sexual penetration in	691
violation of former section 2907.12 of the Revised Code, a	692
violation of section 2905.04 of the Revised Code as it existed	693
prior to July 1, 1996, a violation of section 2919.23 of the	694
Revised Code that would have been a violation of section 2905.04	695
of the Revised Code as it existed prior to July 1, 1996, had the	696
violation been committed prior to that date, a violation of	697
section 2925.11 of the Revised Code that is not a minor drug	698
possession offense, a violation of section 2923.02 or 2923.03 of	699
the Revised Code that relates to a crime specified in this	700
division, or a second violation of section 4511.19 of the Revised	701
Code within five years of the date of application for licensure or	702
certification.	703

(b) A violation of an existing or former law of this state,	704
any other state, or the United States that is substantially	705
equivalent to any of the offenses or violations described in	706
division (A)(5)(a) of this section.	707

(6) Upon receipt of a request pursuant to section 5153.111 of	708
the Revised Code, a completed form prescribed pursuant to division	709
(C)(1) of this section, and a set of fingerprint impressions	710
obtained in the manner described in division (C)(2) of this	711
section, the superintendent of the bureau of criminal	712
identification and investigation shall conduct a criminal records	713
check in the manner described in division (B) of this section to	714
determine whether any information exists that indicates that the	715
person who is the subject of the request previously has been	716
convicted of or pleaded guilty to any of the following:	717

(a) A violation of section 2903.01, 2903.02, 2903.03,	718
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	719
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	720
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	721
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	722
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	723
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	724
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	725
felonious sexual penetration in violation of former section	726
2907.12 of the Revised Code, a violation of section 2905.04 of the	727
Revised Code as it existed prior to July 1, 1996, a violation of	728
section 2919.23 of the Revised Code that would have been a	729
violation of section 2905.04 of the Revised Code as it existed	730
prior to July 1, 1996, had the violation been committed prior to	731
that date, or a violation of section 2925.11 of the Revised Code	732
that is not a minor drug possession offense;	733

(b) A violation of an existing or former law of this state,	734
any other state, or the United States that is substantially	735
equivalent to any of the offenses listed in division (A)(6)(a) of	736
this section.	737

(7) On receipt of a request for a criminal records check from	738
an individual pursuant to section 4749.03 or 4749.06 of the	739
Revised Code, accompanied by a completed copy of the form	740
prescribed in division (C)(1) of this section and a set of	741
fingerprint impressions obtained in a manner described in division	742
(C)(2) of this section, the superintendent of the bureau of	743
criminal identification and investigation shall conduct a criminal	744
records check in the manner described in division (B) of this	745
section to determine whether any information exists indicating	746
that the person who is the subject of the request has been	747
convicted of or pleaded guilty to a felony in this state or in any	748
other state. If the individual indicates that a firearm will be	749
carried in the course of business, the superintendent shall	750
require information from the federal bureau of investigation as	751
described in division (B)(2) of this section. Subject to division	752
(F) of this section, the superintendent shall report the findings	753
of the criminal records check and any information the federal	754
bureau of investigation provides to the director of public safety.	755

(8) On receipt of a request pursuant to section 1321.37,	756
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	757
Code, a completed form prescribed pursuant to division (C)(1) of	758
this section, and a set of fingerprint impressions obtained in the	759
manner described in division (C)(2) of this section, the	760
superintendent of the bureau of criminal identification and	761
investigation shall conduct a criminal records check with respect	762
to any person who has applied for a license, permit, or	763
certification from the department of commerce or a division in the	764
department. The superintendent shall conduct the criminal records	765
check in the manner described in division (B) of this section to	766
determine whether any information exists that indicates that the	767
person who is the subject of the request previously has been	768
convicted of or pleaded guilty to any of the following: a	769
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	770
2925.03 of the Revised Code; any other criminal offense involving	771
theft, receiving stolen property, embezzlement, forgery, fraud,	772
passing bad checks, money laundering, or drug trafficking, or any	773
criminal offense involving money or securities, as set forth in	774
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	775
the Revised Code; or any existing or former law of this state, any	776
other state, or the United States that is substantially equivalent	777
to those offenses.	778

(9) On receipt of a request for a criminal records check from	779
the treasurer of state under section 113.041 of the Revised Code	780
or from an individual under section 4701.08, 4715.101, 4717.061,	781
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	782
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	783
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	784
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	785
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	786
accompanied by a completed form prescribed under division (C)(1)	787
of this section and a set of fingerprint impressions obtained in	788
the manner described in division (C)(2) of this section, the	789
superintendent of the bureau of criminal identification and	790
investigation shall conduct a criminal records check in the manner	791
described in division (B) of this section to determine whether any	792
information exists that indicates that the person who is the	793
subject of the request has been convicted of or pleaded guilty to	794
any criminal offense in this state or any other state. Subject to	795
division (F) of this section, the superintendent shall send the	796
results of a check requested under section 113.041 of the Revised	797
Code to the treasurer of state and shall send the results of a	798
check requested under any of the other listed sections to the	799
licensing board specified by the individual in the request.	800

(10) On receipt of a request pursuant to section 1121.23,	801
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	802
Code, a completed form prescribed pursuant to division (C)(1) of	803
this section, and a set of fingerprint impressions obtained in the	804
manner described in division (C)(2) of this section, the	805
superintendent of the bureau of criminal identification and	806
investigation shall conduct a criminal records check in the manner	807
described in division (B) of this section to determine whether any	808
information exists that indicates that the person who is the	809
subject of the request previously has been convicted of or pleaded	810
guilty to any criminal offense under any existing or former law of	811
this state, any other state, or the United States.	812

(11) On receipt of a request for a criminal records check	813
from an appointing or licensing authority under section 3772.07 of	814
the Revised Code, a completed form prescribed under division	815
(C)(1) of this section, and a set of fingerprint impressions	816
obtained in the manner prescribed in division (C)(2) of this	817
section, the superintendent of the bureau of criminal	818
identification and investigation shall conduct a criminal records	819
check in the manner described in division (B) of this section to	820
determine whether any information exists that indicates that the	821
person who is the subject of the request previously has been	822
convicted of or pleaded guilty or no contest to any offense under	823
any existing or former law of this state, any other state, or the	824
United States that is a disqualifying offense as defined in	825
section 3772.07 of the Revised Code or substantially equivalent to	826
such an offense.	827

(12) On receipt of a request pursuant to section 2151.33 or	828
2151.412 of the Revised Code, a completed form prescribed pursuant	829
to division (C)(1) of this section, and a set of fingerprint	830
impressions obtained in the manner described in division (C)(2) of	831
this section, the superintendent of the bureau of criminal	832
identification and investigation shall conduct a criminal records	833
check with respect to any person for whom a criminal records check	834
is required by that section. The superintendent shall conduct the	835
criminal records check in the manner described in division (B) of	836
this section to determine whether any information exists that	837
indicates that the person who is the subject of the request	838
previously has been convicted of or pleaded guilty to any of the	839
following:	840

(a) A violation of section 2903.01, 2903.02, 2903.03,	841
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	842
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	843
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	844
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	845
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	846
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	847
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	848
2925.22, 2925.23, or 3716.11 of the Revised Code;	849

(b) An existing or former law of this state, any other state,	850
or the United States that is substantially equivalent to any of	851
the offenses listed in division (A)(12)(a) of this section.	852

(B) Subject to division (F) of this section, the	853
superintendent shall conduct any criminal records check to be	854
conducted under this section as follows:	855

(1) The superintendent shall review or cause to be reviewed	856
any relevant information gathered and compiled by the bureau under	857
division (A) of section 109.57 of the Revised Code that relates to	858
the person who is the subject of the criminal records check,	859
including, if the criminal records check was requested under	860
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	861
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	862
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	863
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	864
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or	865
5153.111 of the Revised Code, any relevant information contained	866
in records that have been sealed under section 2953.32 of the	867
Revised Code;	868

(2) If the request received by the superintendent asks for	869
information from the federal bureau of investigation, the	870
superintendent shall request from the federal bureau of	871
investigation any information it has with respect to the person	872
who is the subject of the criminal records check, including	873
fingerprint-based checks of national crime information databases	874
as described in 42 U.S.C. 671 if the request is made pursuant to	875
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	876
any other Revised Code section requires fingerprint-based checks	877
of that nature, and shall review or cause to be reviewed any	878
information the superintendent receives from that bureau. If a	879
request under section 3319.39 of the Revised Code asks only for	880
information from the federal bureau of investigation, the	881
superintendent shall not conduct the review prescribed by division	882
(B)(1) of this section.	883

(3) The superintendent or the superintendent's designee may	884
request criminal history records from other states or the federal	885
government pursuant to the national crime prevention and privacy	886
compact set forth in section 109.571 of the Revised Code.	887

(4) The superintendent shall include in the results of the	888
criminal records check a list or description of the offenses	889
listed or described in division (A)(1), (2), (3), (4), (5), (6),	890
(7), (8), (9), (10), (11), or (12) of this section, whichever	891
division requires the superintendent to conduct the criminal	892
records check. The superintendent shall exclude from the results	893
any information the dissemination of which is prohibited by	894
federal law.	895

(5) The superintendent shall send the results of the criminal	896
records check to the person to whom it is to be sent not later	897
than the following number of days after the date the	898
superintendent receives the request for the criminal records	899
check, the completed form prescribed under division (C)(1) of this	900
section, and the set of fingerprint impressions obtained in the	901
manner described in division (C)(2) of this section:	902

(a) If the superintendent is required by division (A) of this	903
section (other than division (A)(3) of this section) to conduct	904
the criminal records check, thirty;	905

(b) If the superintendent is required by division (A)(3) of	906
this section to conduct the criminal records check, sixty.	907

(C)(1) The superintendent shall prescribe a form to obtain	908
the information necessary to conduct a criminal records check from	909
any person for whom a criminal records check is to be conducted	910
under this section. The form that the superintendent prescribes	911
pursuant to this division may be in a tangible format, in an	912
electronic format, or in both tangible and electronic formats.	913

(2) The superintendent shall prescribe standard impression	914
sheets to obtain the fingerprint impressions of any person for	915
whom a criminal records check is to be conducted under this	916
section. Any person for whom a records check is to be conducted	917
under this section shall obtain the fingerprint impressions at a	918
county sheriff's office, municipal police department, or any other	919
entity with the ability to make fingerprint impressions on the	920
standard impression sheets prescribed by the superintendent. The	921
office, department, or entity may charge the person a reasonable	922
fee for making the impressions. The standard impression sheets the	923
superintendent prescribes pursuant to this division may be in a	924
tangible format, in an electronic format, or in both tangible and	925
electronic formats.	926

(3) Subject to division (D) of this section, the	927
superintendent shall prescribe and charge a reasonable fee for	928
providing a criminal records check under this section. The person	929
requesting the criminal records check shall pay the fee prescribed	930
pursuant to this division. In the case of a request under section	931
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	932
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	933
the manner specified in that section.	934

(4) The superintendent of the bureau of criminal	935
identification and investigation may prescribe methods of	936
forwarding fingerprint impressions and information necessary to	937
conduct a criminal records check, which methods shall include, but	938
not be limited to, an electronic method.	939

(D) The results of a criminal records check conducted under	940
this section, other than a criminal records check specified in	941
division (A)(7) of this section, are valid for the person who is	942
the subject of the criminal records check for a period of one year	943
from the date upon which the superintendent completes the criminal	944
records check. If during that period the superintendent receives	945
another request for a criminal records check to be conducted under	946
this section for that person, the superintendent shall provide the	947
results from the previous criminal records check of the person at	948
a lower fee than the fee prescribed for the initial criminal	949
records check.	950

(E) When the superintendent receives a request for	951
information from a registered private provider, the superintendent	952
shall proceed as if the request was received from a school	953
district board of education under section 3319.39 of the Revised	954
Code. The superintendent shall apply division (A)(1)(c) of this	955
section to any such request for an applicant who is a teacher.	956

(F)(1) All information regarding the results of a criminal	957
records check conducted under this section that the superintendent	958
reports or sends under division (A)(7) or (9) of this section to	959
the director of public safety, the treasurer of state, or the	960
person, board, or entity that made the request for the criminal	961
records check shall relate to the conviction of the subject	962
person, or the subject person's plea of guilty to, a criminal	963
offense.	964

(2) Division (F)(1) of this section does not limit, restrict,	965
or preclude the superintendent's release of information that	966
relates to the arrest of a person who is eighteen years of age or	967
older, to an adjudication of a child as a delinquent child, or	968
~~that relates~~ to a criminal conviction of a person under eighteen	969
years of age ~~if the person's case was transferred back to a~~	970
~~juvenile court under division (B)(2) or (3) of section 2152.121 of~~	971
~~the Revised Code and the juvenile court imposed a disposition or~~	972
~~serious youthful offender disposition upon the person under either~~	973
~~division, if either of the following applies with respect to the~~	974
~~adjudication or conviction:~~	975

~~(a) The adjudication or conviction was for a violation of~~	976
~~section 2903.01 or 2903.02 of the Revised Code.~~	977

~~(b) The adjudication or conviction was for a sexually~~	978
~~oriented offense, as defined in section 2950.01 of the Revised~~	979
~~Code, the juvenile court was required to classify the child a~~	980
~~juvenile offender registrant for that offense under section~~	981
~~2152.82, 2152.83, or 2152.86 of the Revised Code, and that~~	982
~~classification has not been removed~~in circumstances in which a	983
release of that nature is authorized under division (E)(2), (3),	984
or (4) of section 109.57 of the Revised Code pursuant to a rule	985
adopted under division (E)(1) of that section.	986

(G) As used in this section:

987

(1) "Criminal records check" means any criminal records check	988
conducted by the superintendent of the bureau of criminal	989
identification and investigation in accordance with division (B)	990
of this section.	991

(2) "Minor drug possession offense" has the same meaning as	992
in section 2925.01 of the Revised Code.	993

(3) "OVI or OVUAC violation" means a violation of section	994
4511.19 of the Revised Code or a violation of an existing or	995
former law of this state, any other state, or the United States	996
that is substantially equivalent to section 4511.19 of the Revised	997
Code.	998

(4) "Registered private provider" means a nonpublic school or	999
entity registered with the superintendent of public instruction	1000
under section 3310.41 of the Revised Code to participate in the	1001
autism scholarship program or section 3310.58 of the Revised Code	1002
to participate in the Jon Peterson special needs scholarship	1003
program.	1004

Sec. 109.578. (A) On receipt of a request pursuant to section	1005
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a	1006
completed form prescribed pursuant to division (C)(1) of this	1007
section, and a set of fingerprint impressions obtained in the	1008
manner described in division (C)(2) of this section, the	1009
superintendent of the bureau of criminal identification and	1010
investigation shall conduct a criminal records check in the manner	1011
described in division (B) of this section to determine whether any	1012
information exists that indicates that the person who is the	1013
subject of the request previously has been convicted of or pleaded	1014
guilty to any of the following:	1015

(1) A felony;

1016

(2) A violation of section 2909.03 of the Revised Code;

1017

(3) A violation of an existing or former law of this state,	1018
any other state, or the United States that is substantially	1019
equivalent to any of the offenses listed in division (A)(1) or (2)	1020
of this section.	1021

(B) Subject to division (E) of this section, the	1022
superintendent shall conduct any criminal records check pursuant	1023
to division (A) of this section as follows:	1024

(1) The superintendent shall review or cause to be reviewed	1025
any relevant information gathered and compiled by the bureau under	1026
division (A) of section 109.57 of the Revised Code that relates to	1027
the person who is the subject of the request, including any	1028
relevant information contained in records that have been sealed	1029
under section 2953.32 of the Revised Code.	1030

(2) If the request received by the superintendent asks for	1031
information from the federal bureau of investigation, the	1032
superintendent shall request from the federal bureau of	1033
investigation any information it has with respect to the person	1034
who is the subject of the request and shall review or cause to be	1035
reviewed any information the superintendent receives from that	1036
bureau.	1037

(C)(1) The superintendent shall prescribe a form to obtain	1038
the information necessary to conduct a criminal records check from	1039
any person for whom a criminal records check is requested pursuant	1040
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	1041
Code. The form that the superintendent prescribes pursuant to this	1042
division may be in a tangible format, in an electronic format, or	1043
in both tangible and electronic formats.	1044

(2) The superintendent shall prescribe standard impression	1045
sheets to obtain the fingerprint impressions of any person for	1046
whom a criminal records check is requested pursuant to section	1047
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	1048
person for whom a records check is requested pursuant to any of	1049
those sections shall obtain the fingerprint impressions at a	1050
county sheriff's office, a municipal police department, or any	1051
other entity with the ability to make fingerprint impressions on	1052
the standard impression sheets prescribed by the superintendent.	1053
The office, department, or entity may charge the person a	1054
reasonable fee for making the impressions. The standard impression	1055
sheets the superintendent prescribes pursuant to this division may	1056
be in a tangible format, in an electronic format, or in both	1057
tangible and electronic formats.	1058

(3) Subject to division (D) of this section, the	1059
superintendent shall prescribe and charge a reasonable fee for	1060
providing a criminal records check requested under section	1061
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	1062
person making the criminal records request shall pay the fee	1063
prescribed pursuant to this division.	1064

(4) The superintendent may prescribe methods of forwarding	1065
fingerprint impressions and information necessary to conduct a	1066
criminal records check. The methods shall include, but are not	1067
limited to, an electronic method.	1068

(D) A determination whether any information exists that	1069
indicates that a person previously has been convicted of or	1070
pleaded guilty to any offense listed or described in division (A)	1071
of this section and that the superintendent made with respect to	1072
information considered in a criminal records check in accordance	1073
with this section is valid for the person who is the subject of	1074
the criminal records check for a period of one year from the date	1075
upon which the superintendent makes the determination. During the	1076
period in which the determination in regard to a person is valid,	1077
if another request under this section is made for a criminal	1078
records check for that person, the superintendent shall provide	1079
the information that is the basis for the superintendent's initial	1080
determination at a lower fee than the fee prescribed for the	1081
initial criminal records check.	1082

(E)(1) All information regarding the results of a criminal	1083
records check conducted under this section that the superintendent	1084
reports or sends under this section to the person, board, or	1085
entity that made the request for the criminal records check shall	1086
relate to the conviction of the subject person, or the subject	1087
person's plea of guilty to, a criminal offense.	1088

(2) Division (E)(1) of this section does not limit, restrict,	1089
or preclude the superintendent's release of information that	1090
relates to the arrest of a person who is eighteen years of age or	1091
older, to an adjudication of a child as a delinquent child, or	1092
~~that relates~~ to a criminal conviction of a person under eighteen	1093
years of age ~~if the person's case was transferred back to a~~	1094
~~juvenile court under division (B)(2) or (3) of section 2152.121 of~~	1095
~~the Revised Code and the juvenile court imposed a disposition or~~	1096
~~serious youthful offender disposition upon the person under either~~	1097
~~division, if either of the following applies with respect to the~~	1098
~~adjudication or conviction:~~	1099

~~(a) The adjudication or conviction was for a violation of~~	1100
~~section 2903.01 or 2903.02 of the Revised Code.~~	1101

~~(b) The adjudication or conviction was for a sexually~~	1102
~~oriented offense, as defined in section 2950.01 of the Revised~~	1103
~~Code, the juvenile court was required to classify the child a~~	1104
~~juvenile offender registrant for that offense under section~~	1105
~~2152.82, 2152.83, or 2152.86 of the Revised Code, and that~~	1106
~~classification has not been removed~~in circumstances in which a	1107
release of that nature is authorized under division (E)(2), (3),	1108
or (4) of section 109.57 of the Revised Code pursuant to a rule	1109
adopted under division (E)(1) of that section.	1110

(F) As used in this section, "criminal records check" means	1111
any criminal records check conducted by the superintendent of the	1112
bureau of criminal identification and investigation in accordance	1113
with division (B) of this section.	1114

Sec. 122.681. (A) Except as permitted by this section, or	1115
when required by federal law, no person or government entity shall	1116
solicit, release, disclose, receive, use, or knowingly permit or	1117
participate in the use of any information regarding an individual	1118
receiving assistance pursuant to a community services division	1119
program under sections 122.66 to 122.702 of the Revised Code for	1120
any purpose not directly related to the administration of a	1121
division assistance program.	1122

(B) To the extent permitted by federal law, the division, and	1123
any entity that receives division funds to administer a division	1124
program to assist individuals, shall release information regarding	1125
an individual assistance recipient to the following:	1126

(1) A government entity responsible for administering the	1127
assistance program for purposes directly related to the	1128
administration of the program;	1129

(2) A law enforcement agency for the purpose of any	1130
investigation, prosecution, or criminal or civil proceeding	1131
relating to the administration of the assistance program;	1132

(3) A government entity responsible for administering a	1133
children's protective services program, for the purpose of	1134
protecting children;	1135

(4) Any appropriate person in compliance with a search	1136
warrant, subpoena, or other court order.	1137

(C) To the extent permitted by federal law and section	1138
1347.08 of the Revised Code, the division, and any entity	1139
administering a division program, shall provide access to	1140
information regarding an individual assistance recipient to all of	1141
the following:	1142

(1) The individual assistance recipient;

1143

(2) The authorized representative of the individual	1144
assistance recipient;	1145

(3) The legal guardian of the individual assistance	1146
recipient;	1147

(4) The attorney of the individual assistance recipient.

1148

(D) To the extent permitted by federal law, the division, and	1149
any entity administering a division program, may do either of the	1150
following:	1151

(1) Release information about an individual assistance	1152
recipient if the recipient gives voluntary, written authorization;	1153

(2) Release information regarding an individual assistance	1154
recipient to a state, federal, or federally assisted program that	1155
provides cash or in-kind assistance or services directly to	1156
individuals based on need.	1157

(E) The community services division, or an entity	1158
administering a division program, shall provide, at no cost, a	1159
copy of each written authorization to the individual who signed	1160
it.	1161

(F) The development services agency may adopt rules defining	1162
who may serve as an individual assistance recipient's authorized	1163
representative for purposes of division (C)(2) of this section.	1164

Sec. 307.932. (A) As used in this section:

1165

(1) "Division of parole and community services" means the	1166
division of parole and community services of the department of	1167
rehabilitation and correction.	1168

(2) "Eligible offender" means, in relation to a particular	1169
community alternative sentencing center or district community	1170
alternative sentencing center established and operated under	1171
~~division (E) of~~ this section, an offender who has been convicted	1172
of or pleaded guilty to a qualifying misdemeanor offense, for whom	1173
no provision of the Revised Code or ordinance of a municipal	1174
corporation other than section 4511.19 of the Revised Code, both	1175
~~section~~sections 4510.14 and 4511.19 of the Revised Code, or an	1176
ordinance or ordinances of a municipal corporation that provide	1177
the penalties for a municipal OVI offense or for both a municipal	1178
OVI ordinance and a municipal DUS ordinance of the municipal	1179
corporation requires the imposition of a mandatory jail term for	1180
that qualifying misdemeanor offense, and who is eligible to be	1181
sentenced directly to that center and admitted to it under rules	1182
adopted under division (G) of this section by the board of county	1183
commissioners or affiliated group of boards of county	1184
commissioners that established and operates that center.	1185

(3) "Municipal OVI offense" has the same meaning as in	1186
section 4511.181 of the Revised Code.	1187

(4) "OVI term of confinement" means a term of confinement	1188
imposed for a violation of section 4511.19 of the Revised Code or	1189
for a municipal OVI offense, including any mandatory jail term or	1190
mandatory term of local incarceration imposed for that violation	1191
or offense.	1192

(5) "Community residential sanction" means a community	1193
residential sanction imposed under section 2929.26 of the Revised	1194
Code for a misdemeanor violation of a section of the Revised Code	1195
or a term of confinement imposed for a misdemeanor violation of a	1196
municipal ordinance that is not a jail term.	1197

(6) "Qualifying misdemeanor offense" means a violation of any	1198
section of the Revised Code that is a misdemeanor or a violation	1199
of any ordinance of a municipal corporation located in the county	1200
that is a misdemeanor.	1201

(7) "Municipal DUS offense" means a violation of a municipal	1202
ordinance that is substantially equivalent to section 4510.14 of	1203
the Revised Code.	1204

(B)(1) The board of county commissioners of any county, in	1205
consultation with the sheriff of the county, may ~~formulate a~~	1206
~~proposal for~~establish a community alternative sentencing center	1207
that, upon implementation by the county or being subcontracted to	1208
or operated by a nonprofit organization, ~~would~~shall be used for	1209
the confinement of eligible offenders sentenced directly to the	1210
center by a court located in ~~the~~any county pursuant to a	1211
community residential sanction of not more than ~~thirty~~ninety days	1212
or pursuant to an OVI term of confinement of not more than ~~sixty~~	1213
ninety days, and for the purpose of closely monitoring those	1214
eligible offenders' adjustment to community supervision. A board	1215
that ~~formulates~~establishes a ~~proposal~~center pursuant to this	1216
division shall do so by resolution.	1217

(2) The boards of county commissioners of two or more	1218
adjoining or neighboring counties, in consultation with the	1219
sheriffs of each of those counties, may affiliate and ~~formulate~~	1220
establish by resolution adopted by each of them ~~a proposal for~~ a	1221
district community alternative sentencing center that, upon	1222
implementation by the counties or being subcontracted to or	1223
operated by a nonprofit organization, ~~would~~shall be used for the	1224
confinement of eligible offenders sentenced directly to the center	1225
by a court located in any ~~of those counties~~county pursuant to a	1226
community residential sanction of not more than ~~thirty~~ninety days	1227
or pursuant to an OVI term of confinement of not more than ~~sixty~~	1228
ninety days, and for the purpose of closely monitoring those	1229
eligible offenders' adjustment to community supervision. Each	1230
board that affiliates with one or more other boards to ~~formulate~~	1231
establish a ~~proposal~~center pursuant to this division shall	1232
~~formulate the proposal~~do so by resolution.	1233

(C) Each ~~proposal for~~resolution establishing a community	1234
alternative sentencing center or a district community alternative	1235
sentencing center ~~that is formulated~~ under division (B)(1) or (2)	1236
of this section shall include ~~proposals~~provisions for operation	1237
of the center and for criteria to define which offenders are	1238
eligible to be sentenced directly to the center and admitted to	1239
it. At a minimum, the ~~proposed~~ criteria that define which	1240
offenders are eligible to be sentenced directly to the center and	1241
admitted to it shall provide ~~all of the following:~~	1242

~~(1) That~~that an offender is eligible to be sentenced	1243
directly to the center and admitted to it if the offender has been	1244
convicted of or pleaded guilty to a qualifying misdemeanor offense	1245
and is sentenced directly to the center for the qualifying	1246
misdemeanor offense pursuant to a community residential sanction	1247
of not more than ~~thirty~~ninety days or pursuant to an OVI term of	1248
confinement of not more than ~~sixty~~ninety days by a court that is	1249
located in ~~the~~any county ~~or one of the counties served by the~~	1250
~~board of county commissioners or by any of the affiliated group of~~	1251
~~boards of county commissioners that submits the proposal;~~	1252

~~(2) That, except as otherwise provided in this division, no~~	1253
~~offender is eligible to be sentenced directly to the center or~~	1254
~~admitted to it if, in addition to the community residential~~	1255
~~sanction or OVI term of confinement described in division (C)(1)~~	1256
~~of this section, the offender is serving or has been sentenced to~~	1257
~~serve any other jail term, prison term, or community residential~~	1258
~~sanction. A mandatory jail term or electronic monitoring imposed~~	1259
~~in lieu of a mandatory jail term for a violation of section~~	1260
~~4511.19 of the Revised Code, for a municipal OVI offense, or for~~	1261
~~either such offense and a similar offense that exceeds sixty days~~	1262
~~of confinement shall not disqualify the offender from serving~~	1263
~~sixty days of the mandatory jail term at the center~~.	1264

(D) If a ~~proposal for a~~ community alternative sentencing	1265
center or a district community alternative sentencing center that	1266
is ~~formulated~~established under division (B)(1) or (2) of this	1267
section contemplates the use of an existing facility, or a part of	1268
an existing facility, as the center, nothing in this section	1269
limits, restricts, or precludes the use of the facility, the part	1270
of the facility, or any other part of the facility for any purpose	1271
other than as a community alternative sentencing center or	1272
district community alternative sentencing center.	1273

(E) ~~The establishment and operation of a community~~	1274
~~alternative sentencing center or district community alternative~~	1275
~~sentencing center may be done by subcontracting with a nonprofit~~	1276
~~organization for the operation of the center.~~	1277

If a board of county commissioners or an affiliated group of	1278
boards of county commissioners establishes and operates or	1279
subcontracts with a nonprofit organization for the operation of a	1280
community alternative sentencing center or district community	1281
alternative sentencing center under this division, except as	1282
otherwise provided in this division, the center is not a minimum	1283
security jail under section 341.14, section 753.21, or any other	1284
provision of the Revised Code, is not a jail or alternative	1285
residential facility as defined in section 2929.01 of the Revised	1286
Code, is not required to satisfy or comply with minimum standards	1287
for minimum security jails or other jails that are promulgated	1288
under division (A) of section 5120.10 of the Revised Code, is not	1289
a local detention facility as defined in section 2929.36 of the	1290
Revised Code, and is not a residential unit as defined in section	1291
2950.01 of the Revised Code. The center is a detention facility as	1292
defined in sections 2921.01 and 2923.124 of the Revised Code, and	1293
an eligible offender confined in the center is under detention as	1294
defined in section 2921.01 of the Revised Code. Regarding persons	1295
sentenced directly to the center under an OVI term of confinement	1296
or under both an OVI term of confinement and confinement for a	1297
violation of section 4510.14 of the Revised Code or a municipal	1298
DUS offense, the center shall be considered a "jail" or "local	1299
correctional facility" for purposes of any provision in section	1300
4510.14 or 4511.19 of the Revised Code or in an ordinance of a	1301
municipal corporation that requires a mandatory jail term or	1302
mandatory term of local incarceration for the violation of section	1303
4511.19 of the Revised Code, the violation of both section 4510.14	1304
and 4511.19 of the Revised Code, the municipal OVI offense, or the	1305
municipal OVI offense and the municipal DUS offense, and a direct	1306
sentence of a person to the center under an OVI term of	1307
confinement or under both an OVI term of confinement and	1308
confinement for a violation of section 4510.14 of the Revised Code	1309
or a municipal DUS offense shall be considered to be a sentence to	1310
a "jail" or "local correctional facility" for purposes of any such	1311
provision in section 4510.14 or 4511.19 of the Revised Code or in	1312
an ordinance of a municipal corporation.	1313

(F)(1) If the board of county commissioners of a county that	1314
is being served by a community alternative sentencing center	1315
established pursuant to ~~division (E) of~~ this section determines	1316
that it no longer wants to be served by the center, the board may	1317
dissolve the center by adopting a resolution evidencing the	1318
determination to dissolve the center.	1319

(2) If the boards of county commissioners of all of the	1320
counties served by any district community alternative sentencing	1321
center established pursuant to ~~division (E) of~~ this section	1322
determine that they no longer want to be served by the center, the	1323
boards may dissolve the center by adopting in each county a	1324
resolution evidencing the determination to dissolve the center.	1325

(3) If at least one, but not all, of the boards of county	1326
commissioners of the counties being served by any district	1327
community alternative sentencing center established pursuant to	1328
~~division (E) of~~ this section determines that it no longer wants to	1329
be served by the center, the board may terminate its involvement	1330
with the center by adopting a resolution evidencing the	1331
determination to terminate its involvement with the center. If at	1332
least one, but not all, of the boards of county commissioners of	1333
the counties being served by any community alternative sentencing	1334
center terminates its involvement with the center in accordance	1335
with this division, the other boards of county commissioners of	1336
the counties being served by the center may continue to be served	1337
by the center.	1338

(G) Prior to ~~establishing or~~ operating a community	1339
alternative sentencing center or a district community alternative	1340
sentencing center, the board of county commissioners or the	1341
affiliated group of boards of county commissioners that ~~formulated~~	1342
established the ~~proposal~~center shall adopt rules for the	1343
operation of the center. The rules shall include criteria that	1344
define which offenders are eligible to be sentenced directly to	1345
the center and admitted to it.	1346

(H) If a board of county commissioners ~~establishes and~~	1347
operates or subcontracts with a nonprofit organization for the	1348
operation of a community alternative sentencing center ~~under~~	1349
~~division (E) of this section,~~ or an affiliated group of boards of	1350
county commissioners ~~establishes and~~ operates or subcontracts	1351
with a nonprofit organization for the operation of a district	1352
community alternative sentencing center under ~~that division~~this	1353
section, all of the following apply:	1354

(1) ~~Any~~With the approval of the operator of the center, a	1355
court located within ~~the~~any county ~~served by the board that~~	1356
~~establishes and operates a community alternative sentencing center~~	1357
may directly sentence eligible offenders to ~~the~~a community	1358
alternative sentencing center or district community alternative	1359
sentencing center pursuant to a community residential sanction of	1360
not more than ~~thirty~~ninety days or pursuant to an OVI term of	1361
confinement, a combination of an OVI term of confinement and	1362
confinement for a violation of section 4510.14 of the Revised	1363
Code, or confinement for a municipal DUS offense of not more than	1364
ninety days. ~~Any court located within a county served by any of~~	1365
~~the boards that establishes and operates a district community~~	1366
~~alternative sentencing center may directly sentence eligible~~	1367
~~offenders to the center pursuant to a community residential~~	1368
~~sanction of not more than thirty days or pursuant to an OVI term~~	1369
~~of confinement, a combination of an OVI term of confinement and~~	1370
~~confinement for a violation of section 4510.14 of the Revised~~	1371
~~Code, or confinement for a municipal DUS offense of not more than~~	1372
~~sixty days.~~	1373

(2) Each eligible offender who is sentenced to the center as	1374
described in division (H)(1) of this section and admitted to it	1375
shall be offered during the eligible offender's confinement at the	1376
center educational and vocational services and reentry planning	1377
and may be offered any other treatment and rehabilitative services	1378
that are available and that the court that sentenced the	1379
particular eligible offender to the center and the administrator	1380
of the center determine are appropriate based upon the offense for	1381
which the eligible offender was sentenced to the community	1382
residential sanction and the length of the sanction.	1383

(3) Before accepting an eligible offender sentenced to the	1384
center by a court, the board or the affiliated group of boards	1385
shall enter into an agreement with a political subdivision that	1386
operates that court that addresses the cost and payment of medical	1387
treatment or services received by eligible offenders sentenced by	1388
that court while they are confined in the center. The agreement	1389
may provide for the payment of the costs by the particular	1390
eligible offender who receives the treatment or services, as	1391
described in division (I) of this section.	1392

(4) ~~If a court sentences an eligible offender to a center~~	1393
~~under authority of division (H)(1) of this section, immediately~~	1394
~~after the sentence is imposed, the eligible offender shall be~~	1395
~~taken to the probation department that serves the court. The~~	1396
~~department shall handle any preliminary matters regarding the~~	1397
~~admission of the eligible offender to the center, including a~~	1398
~~determination as to whether the eligible offender may be admitted~~	1399
~~to the center under the criteria included in the rules adopted~~	1400
~~under division (G) of this section that define which offenders are~~	1401
~~eligible to be sentenced and admitted to the center. If the~~	1402
~~eligible offender is accepted for admission to the center, the~~	1403
~~department shall schedule the eligible offender for the admission~~	1404
~~and shall provide for the transportation of the offender to the~~	1405
~~center. If an eligible offender who is sentenced to the center~~	1406
~~under a community residential sanction is not accepted for~~	1407
~~admission to the center for any reason, the nonacceptance shall be~~	1408
~~considered a violation of a condition of the community residential~~	1409
~~sanction, the eligible offender shall be taken before the court~~	1410
~~that imposed the sentence, and the court may proceed as specified~~	1411
~~in division (C)(2) of section 2929.25 of the Revised Code based on~~	1412
~~the violation or as provided by ordinance of the municipal~~	1413
~~corporation based on the violation, whichever is applicable. If an~~	1414
~~eligible offender who is sentenced to the center under an OVI term~~	1415
~~of confinement is not accepted for admission to the center for any~~	1416
~~reason, the eligible offender shall be taken before the court that~~	1417
~~imposed the sentence, and the court shall determine the place at~~	1418
~~which the offender is to serve the term of confinement.~~ If ~~the~~an	1419
eligible offender a court sentences to the center is admitted to	1420
the center, all of the following apply:	1421

(a) The admission shall be under the terms and conditions	1422
established by the court and the administrator of the center, and	1423
the court and the administrator of the center shall provide for	1424
the confinement of the eligible offender and supervise the	1425
eligible offender as provided in divisions (H)(4)(b) to (f) of	1426
this section.	1427

(b) The eligible offender shall be confined in the center	1428
during any period of time that the eligible offender is not	1429
actually working at the eligible offender's approved work release	1430
described in division (H)(4)(c) of this section, engaged in	1431
community service activities described in division (H)(4)(d) of	1432
this section, engaged in authorized vocational training or another	1433
authorized educational program, engaged in another program	1434
designated by the administrator of the center, or engaged in other	1435
activities approved by the court and the administrator of the	1436
center.	1437

(c) If the court and the administrator of the center	1438
determine that work release is appropriate based upon the offense	1439
for which the eligible offender was sentenced to the community	1440
residential sanction or OVI term of confinement and the length of	1441
the sanction or term, the eligible offender may be offered work	1442
release from confinement at the center and be released from	1443
confinement while engaged in the work release.	1444

(d) An eligible offender may not participate in community	1445
service without the court's approval. If the administrator of the	1446
center determines that community service is appropriate and if the	1447
eligible offender will be confined for more than ten days at the	1448
center, the eligible offender may be required to participate in	1449
community service activities approved by the court and by the	1450
political subdivision served by the court. Community service	1451
activities that may be required under this division may take place	1452
in facilities of the political subdivision that operates the	1453
court, in the community, or in both such locales. The eligible	1454
offender shall be released from confinement while engaged in the	1455
community service activities. Community service activities	1456
required under this division shall be supervised by the court or	1457
an official designated by the board of county commissioners or	1458
affiliated group of boards of county commissioners that	1459
established and is operating the center. Community service	1460
activities required under this division shall not exceed in	1461
duration the period for which the eligible offender will be	1462
confined at the center under the community residential sanction or	1463
the OVI term of confinement.	1464

(e) The confinement of the eligible offender in the center	1465
shall be considered for purposes of this division and division	1466
(H)(4)(f) of this section as including any period of time	1467
described in division (H)(4)(b) of this section when the eligible	1468
offender may be outside of the center and shall continue until the	1469
expiration of the community residential sanction, the OVI term of	1470
confinement, or the combination of the OVI term of confinement and	1471
the confinement for the violation of section 4510.14 of the	1472
Revised Code or the municipal DUS ordinance that the eligible	1473
offender is serving upon admission to the center.	1474

(f) After the admission and until the expiration of the	1475
community residential sanction or OVI term of confinement that the	1476
eligible offender is serving upon admission to the center, the	1477
eligible offender shall be considered for purposes of any	1478
provision in Title XXIX of the Revised Code to be serving the	1479
community residential sanction or OVI term of confinement.	1480

(5) The administrator of the center, or the administrator's	1481
designee, shall post a sign as described in division (A)(4) of	1482
section 2923.1212 of the Revised Code in a conspicuous location at	1483
the center.	1484

(I) The board of county commissioners that establishes ~~and~~	1485
~~operates~~ a community alternative sentencing center under ~~division~~	1486
~~(E) of~~ this section, or the affiliated group of boards of county	1487
commissioners that establishes ~~and operates~~ a district community	1488
alternative sentencing center under ~~that division~~this section,	1489
may require an eligible offender who is sentenced directly to the	1490
center and admitted to it to pay to the county served by the board	1491
or the counties served by the affiliated group of boards or the	1492
entity operating the center the reasonable expenses incurred by	1493
the county or counties, whichever is applicable, in supervising or	1494
confining the eligible offender after being sentenced to the	1495
center and admitted. Inability to pay those reasonable expenses	1496
shall not be grounds for refusing to admit an otherwise eligible	1497
offender to the center.	1498

(J)(1) If an eligible offender who is directly sentenced to a	1499
community alternative sentencing center or district community	1500
alternative sentencing center and admitted to the center	1501
successfully completes the service of the community residential	1502
sanction in the center, the administrator of the center shall	1503
notify the court that imposed the sentence, and the court shall	1504
enter into the journal that the eligible offender successfully	1505
completed the service of the sanction.	1506

(2) If an eligible offender who is directly sentenced to a	1507
community alternative sentencing center or district community	1508
alternative sentencing center and admitted to the center violates	1509
any rule established under this section by the board of county	1510
commissioners or the affiliated group of boards of county	1511
commissioners that establishes ~~and operates~~ the center, violates	1512
any condition of the community residential sanction, the OVI term	1513
of confinement, or the combination of the OVI term of confinement	1514
and the confinement for the violation of section 4510.14 of the	1515
Revised Code or the municipal OVI ordinance imposed by the	1516
sentencing court, or otherwise does not successfully complete the	1517
service of the community residential sanction or OVI term of	1518
confinement in the center, the administrator of the center shall	1519
report the violation or failure to successfully complete the	1520
sanction or term directly to the court or to the probation	1521
department or probation officer with general control and	1522
supervision over the eligible offender. A failure to successfully	1523
complete the service of the community residential sanction, the	1524
OVI term of confinement, or the combination of the OVI term of	1525
confinement and the confinement for the violation of section	1526
4510.14 of the Revised Code or the municipal OVI ordinance in the	1527
center shall be considered a violation of a condition of the	1528
community residential sanction or the OVI term of confinement. If	1529
the administrator reports the violation to the probation	1530
department or probation officer, the department or officer shall	1531
report the violation to the court. Upon its receipt under this	1532
division of a report of a violation or failure to complete the	1533
sanction by a person sentenced to the center under a community	1534
residential sanction, the court may proceed as specified in	1535
division (C)(2) of section 2929.25 of the Revised Code based on	1536
the violation or as provided by ordinance of the municipal	1537
corporation based on the violation, whichever is applicable. Upon	1538
its receipt under this division of a report of a violation or	1539
failure to complete the term by a person sentenced to the center	1540
under an OVI term of confinement, the court shall determine the	1541
place at which the offender is to serve the remainder of the term	1542
of confinement. The eligible offender shall receive credit towards	1543
completing the eligible offender's sentence for the time spent in	1544
the center after admission to it.	1545

Sec. 2151.311. (A) A person taking a child into custody	1546
shall, with all reasonable speed and in accordance with division	1547
(C) of this section, either:	1548

(1) Release the child to the child's parents, guardian, or	1549
other custodian, unless the child's detention or shelter care	1550
appears to be warranted or required as provided in section 2151.31	1551
of the Revised Code;	1552

(2) Bring the child to the court or deliver the child to a	1553
place of detention or shelter care designated by the court and	1554
promptly give notice thereof, together with a statement of the	1555
reason for taking the child into custody, to a parent, guardian,	1556
or other custodian and to the court.	1557

(B) If a parent, guardian, or other custodian fails, when	1558
requested by the court, to bring the child before the court as	1559
provided by this section, the court may issue its warrant	1560
directing that the child be taken into custody and brought before	1561
the court.	1562

(C)(1) Before taking any action required by division (A) of	1563
this section, a person taking a child into custody may hold the	1564
child for processing purposes in a county, multicounty, or	1565
municipal jail or workhouse, or other place where an adult	1566
convicted of crime, under arrest, or charged with crime is held	1567
for either of the following periods of time:	1568

(a) For a period not to exceed six hours, if all of the	1569
following apply:	1570

(i) The child is alleged to be a delinquent child for the	1571
commission of an act that would be a felony if committed by an	1572
adult;	1573

(ii) The child remains beyond the range of touch of all adult	1574
detainees;	1575

(iii) The child is visually supervised by jail or workhouse	1576
personnel at all times during the detention;	1577

(iv) The child is not handcuffed or otherwise physically	1578
secured to a stationary object during the detention.	1579

(b) For a period not to exceed three hours, if all of the	1580
following apply:	1581

(i) The child is alleged to be a delinquent child for the	1582
commission of an act that would be a misdemeanor if committed by	1583
an adult, is alleged to be a delinquent child for being a chronic	1584
truant or an habitual truant who previously has been adjudicated	1585
an unruly child for being an habitual truant, or is alleged to be	1586
an unruly child or a juvenile traffic offender;	1587

(ii) The child remains beyond the range of touch of all adult	1588
detainees;	1589

(iii) The child is visually supervised by jail or workhouse	1590
personnel at all times during the detention;	1591

(iv) The child is not handcuffed or otherwise physically	1592
secured to a stationary object during the detention.	1593

(2) If a child has been transferred to an adult court for	1594
prosecution for the alleged commission of a criminal offense,	1595
subsequent to the transfer, the child may be held as described in	1596
division (F) of section 2152.26 or division (B) of section 5120.16	1597
of the Revised Code.	1598

(D) If a person who is alleged to be or has been adjudicated	1599
a delinquent child or who is in any other category of persons	1600
identified in this section is confined under authority of this	1601
section in a place specified in division (C) of this section, the	1602
fact of the person's admission to and confinement in that place is	1603
restricted as described in division (G) of section 2152.26 of the	1604
Revised Code.	1605

(E) As used in division (C)(1) of this section, "processing	1606
purposes" means all of the following:	1607

(1) Fingerprinting, photographing, or fingerprinting and	1608
photographing the child in a secure area of the facility;	1609

(2) Interrogating the child, contacting the child's parent or	1610
guardian, arranging for placement of the child, or arranging for	1611
transfer or transferring the child, while holding the child in a	1612
nonsecure area of the facility.	1613

Sec. 2151.356. (A) The records of a case in which a person	1614
was adjudicated a delinquent child for committing a violation of	1615
section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not	1616
be sealed under this section.	1617

(B)(1) The juvenile court shall promptly order the immediate	1618
sealing of records pertaining to a juvenile in any of the	1619
following circumstances:	1620

(a) If the court receives a record from a public office or	1621
agency under division (B)(2) of this section;	1622

(b) If a person was brought before or referred to the court	1623
for allegedly committing a delinquent or unruly act and the case	1624
was resolved without the filing of a complaint against the person	1625
with respect to that act pursuant to section 2151.27 of the	1626
Revised Code;	1627

(c) If a person was charged with violating division (E)(1) of	1628
section 4301.69 of the Revised Code and the person has	1629
successfully completed a diversion program under division	1630
(E)(2)(a) of section 4301.69 of the Revised Code with respect to	1631
that charge;	1632

(d) If a complaint was filed against a person alleging that	1633
the person was a delinquent child, an unruly child, or a juvenile	1634
traffic offender and the court dismisses the complaint after a	1635
trial on the merits of the case or finds the person not to be a	1636
delinquent child, an unruly child, or a juvenile traffic offender;	1637

(e) Notwithstanding division (C) of this section and subject	1638
to section 2151.358 of the Revised Code, if a person has been	1639
adjudicated an unruly child, that person has attained eighteen	1640
years of age, and the person is not under the jurisdiction of the	1641
court in relation to a complaint alleging the person to be a	1642
delinquent child.	1643

(2) The appropriate public office or agency shall immediately	1644
deliver all original records at that public office or agency	1645
pertaining to a juvenile to the court, if the person was arrested	1646
or taken into custody for allegedly committing a delinquent or	1647
unruly act, no complaint was filed against the person with respect	1648
to the commission of the act pursuant to section 2151.27 of the	1649
Revised Code, and the person was not brought before or referred to	1650
the court for the commission of the act. The records delivered to	1651
the court as required under this division shall not include	1652
fingerprints, DNA specimens, and DNA records described under	1653
division (A)(3) of section 2151.357 of the Revised Code.	1654

(C)(1) The juvenile court shall consider the sealing of	1655
records pertaining to a juvenile upon the court's own motion or	1656
upon the application of a person if the person has been	1657
adjudicated a delinquent child for committing an act other than a	1658
violation of section 2903.01, 2903.02, or 2907.02 of the Revised	1659
Code, an unruly child, or a juvenile traffic offender and if, at	1660
the time of the motion or application, the person is not under the	1661
jurisdiction of the court in relation to a complaint alleging the	1662
person to be a delinquent child. The court shall not require a fee	1663
for the filing of the application. The motion or application may	1664
be made on or after the time specified in whichever of the	1665
following is applicable:	1666

(a) If the person is under eighteen years of age, at any time	1667
after six months after any of the following events occur:	1668

~~(a)~~(i) The termination of any order made by the court in	1669
relation to the adjudication;	1670

~~(b)~~(ii) The unconditional discharge of the person from the	1671
department of youth services with respect to a dispositional order	1672
made in relation to the adjudication or from an institution or	1673
facility to which the person was committed pursuant to a	1674
dispositional order made in relation to the adjudication;	1675

~~(c)~~(iii) The court enters an order under section 2152.84 or	1676
2152.85 of the Revised Code that contains a determination that the	1677
child is no longer a juvenile offender registrant.	1678

(b) If the person is eighteen years of age or older, at any	1679
time after the later of the following:	1680

(i) The person's attainment of eighteen years of age;

1681

(ii) The occurrence of any event identified in divisions	1682
(C)(1)(a)(i) to (iii) of this section.	1683

(2) In making the determination whether to seal records	1684
pursuant to division (C)(1) of this section, all of the following	1685
apply:	1686

(a) The court may require a person filing an application	1687
under division (C)(1) of this section to submit any relevant	1688
documentation to support the application.	1689

(b) The court may cause an investigation to be made to	1690
determine if the person who is the subject of the proceedings has	1691
been rehabilitated to a satisfactory degree.	1692

(c) The court shall promptly notify the prosecuting attorney	1693
of any proceedings to seal records initiated pursuant to division	1694
(C)(1) of this section.	1695

(d)(i) The prosecuting attorney may file a response with the	1696
court within thirty days of receiving notice of the sealing	1697
proceedings.	1698

(ii) If the prosecuting attorney does not file a response	1699
with the court or if the prosecuting attorney files a response but	1700
indicates that the prosecuting attorney does not object to the	1701
sealing of the records, the court may order the records of the	1702
person that are under consideration to be sealed without	1703
conducting a hearing on the motion or application. If the court	1704
decides in its discretion to conduct a hearing on the motion or	1705
application, the court shall conduct the hearing within thirty	1706
days after making that decision and shall give notice, by regular	1707
mail, of the date, time, and location of the hearing to the	1708
prosecuting attorney and to the person who is the subject of the	1709
records under consideration.	1710

(iii) If the prosecuting attorney files a response with the	1711
court that indicates that the prosecuting attorney objects to the	1712
sealing of the records, the court shall conduct a hearing on the	1713
motion or application within thirty days after the court receives	1714
the response. The court shall give notice, by regular mail, of the	1715
date, time, and location of the hearing to the prosecuting	1716
attorney and to the person who is the subject of the records under	1717
consideration.	1718

(e) After conducting a hearing in accordance with division	1719
(C)(2)(d) of this section or after due consideration when a	1720
hearing is not conducted, except as provided in division (B)(1)(c)	1721
of this section, the court may order the records of the person	1722
that are the subject of the motion or application to be sealed if	1723
it finds that the person has been rehabilitated to a satisfactory	1724
degree. In determining whether the person has been rehabilitated	1725
to a satisfactory degree, the court may consider all of the	1726
following:	1727

(i) The age of the person;

1728

(ii) The nature of the case;

1729

(iii) The cessation or continuation of delinquent, unruly, or	1730
criminal behavior;	1731

(iv) The education and employment history of the person;

1732

(v) The granting of a new tier classification or	1733
declassification from the juvenile offender registry pursuant to	1734
section 2152.85 of the Revised Code, except for public	1735
registry-qualified juvenile offender registrants;	1736

(vi) Any other circumstances that may relate to the	1737
rehabilitation of the person who is the subject of the records	1738
under consideration.	1739

(D)(1)(a) The juvenile court shall provide verbal notice to a	1740
person whose records are sealed under division (B) of this	1741
section, if that person is present in the court at the time the	1742
court issues a sealing order, that explains what sealing a record	1743
means, states that the person may apply to have those records	1744
expunged under section 2151.358 of the Revised Code, and explains	1745
what expunging a record means.	1746

(b) The juvenile court shall provide written notice to a	1747
person whose records are sealed under division (B) of this section	1748
by regular mail to the person's last known address, if that person	1749
is not present in the court at the time the court issues a sealing	1750
order and if the court does not seal the person's record upon the	1751
court's own motion, that explains what sealing a record means,	1752
states that the person may apply to have those records expunged	1753
under section 2151.358 of the Revised Code, and explains what	1754
expunging a record means.	1755

(2) Upon final disposition of a case in which a person has	1756
been adjudicated a delinquent child for committing an act other	1757
than a violation of section 2903.01, 2903.02, or 2907.02 of the	1758
Revised Code, an unruly child, or a juvenile traffic offender, the	1759
juvenile court shall provide written notice to the person that	1760
does all of the following:	1761

(a) States that the person may apply to the court for an	1762
order to seal the record;	1763

(b) Explains what sealing a record means;

1764

(c) States that the person may apply to the court for an	1765
order to expunge the record under section 2151.358 of the Revised	1766
Code;	1767

(d) Explains what expunging a record means.

1768

(3) The department of youth services and any other	1769
institution or facility that unconditionally discharges a person	1770
who has been adjudicated a delinquent child, an unruly child, or a	1771
juvenile traffic offender shall immediately give notice of the	1772
discharge to the court that committed the person. The court shall	1773
note the date of discharge on a separate record of discharges of	1774
those natures.	1775

Sec. 2151.357. (A) If the court orders the records of a	1776
person sealed pursuant to section 2151.356 of the Revised Code,	1777
the person who is subject of the order properly may, and the court	1778
shall, reply that no record exists with respect to the person upon	1779
any inquiry in the matter, and the court, except as provided in	1780
division (D) of this section, shall do all of the following:	1781

(1) Order that the proceedings in a case described in	1782
divisions (B) and (C) of section 2151.356 of the Revised Code be	1783
deemed never to have occurred;	1784

(2) Except as provided in division (C) of this section,	1785
delete all index references to the case and the person so that the	1786
references are permanently irretrievable;	1787

(3) Order that all original records of the case maintained by	1788
any public office or agency, except fingerprints held by a law	1789
enforcement agency, DNA specimens collected pursuant to section	1790
2152.74 of the Revised Code, and DNA records derived from DNA	1791
specimens pursuant to section 109.573 of the Revised Code, be	1792
delivered to the court;	1793

(4) Order each public office or agency, upon the delivering	1794
of records to the court under division (A)(3) of this section, to	1795
expunge remaining records of the case that are the subject of the	1796
sealing order that are maintained by that public office or agency,	1797
except fingerprints, DNA specimens, and DNA records described	1798
under division (A)(3) of this section;	1799

(5) Send notice of the order to seal to any public office or	1800
agency that the court has reason to believe may have a record of	1801
the sealed record including, but not limited to, the bureau of	1802
criminal identification and investigation;	1803

(6) Seal all of the records delivered to the court under	1804
division (A)(3) of this section, in a separate file in which only	1805
sealed records are maintained.	1806

(B) Except as provided in division (D) of this section, an	1807
order to seal under section 2151.356 of the Revised Code applies	1808
to every public office or agency that has a record relating to the	1809
case, regardless of whether it receives notice of the hearing on	1810
the sealing of the record or a copy of the order. Except as	1811
provided in division (D) of this section, upon the written request	1812
of a person whose record has been sealed and the presentation of a	1813
copy of the order and compliance with division (A)(3) of this	1814
section, a public office or agency shall expunge its record	1815
relating to the case, except a record of the adjudication or	1816
arrest or taking into custody that is maintained for compiling	1817
statistical data and that does not contain any reference to the	1818
person who is the subject of the order.	1819

(C) The court that maintains sealed records pursuant to this	1820
section may maintain a manual or computerized index of the sealed	1821
records and shall make the index available only for the purposes	1822
set forth in division (E) of this section.	1823

(1) Each entry regarding a sealed record in the index of	1824
sealed records shall contain all of the following:	1825

(a) The name of the person who is the subject of the sealed	1826
record;	1827

(b) An alphanumeric identifier relating to the person who is	1828
the subject of the sealed record;	1829

1830

(d) The name of the court that has custody of the sealed	1831
record.	1832

(2) Any entry regarding a sealed record in the index of	1833
sealed records shall not contain either of the following:	1834

(a) The social security number of the person who is subject	1835
of the sealed record;	1836

(b) The name or a description of the act committed.

1837

(D) Notwithstanding any provision of this section that	1838
requires otherwise, a board of education of a city, local,	1839
exempted village, or joint vocational school district that	1840
maintains records of an individual who has been permanently	1841
excluded under sections 3301.121 and 3313.662 of the Revised Code	1842
is permitted to maintain records regarding an adjudication that	1843
the individual is a delinquent child that was used as the basis	1844
for the individual's permanent exclusion, regardless of a court	1845
order to seal the record. An order issued under section 2151.356	1846
of the Revised Code to seal the record of an adjudication that an	1847
individual is a delinquent child does not revoke the adjudication	1848
order of the superintendent of public instruction to permanently	1849
exclude the individual who is the subject of the sealing order. An	1850
order to seal the record of an adjudication that an individual is	1851
a delinquent child may be presented to a district superintendent	1852
as evidence to support the contention that the superintendent	1853
should recommend that the permanent exclusion of the individual	1854
who is the subject of the sealing order be revoked. Except as	1855
otherwise authorized by this division and sections 3301.121 and	1856
3313.662 of the Revised Code, any school employee in possession of	1857
or having access to the sealed adjudication records of an	1858
individual that were the basis of a permanent exclusion of the	1859
individual is subject to division (F) of this section.	1860

(E) Inspection of records that have been ordered sealed under	1861
section 2151.356 of the Revised Code may be made only by the	1862
following persons or for the following purposes:	1863

(1) By the court;

1864

(2) If the records in question pertain to an act that would	1865
be an offense of violence that would be a felony if committed by	1866
an adult, by any law enforcement officer or any prosecutor, or the	1867
assistants of a law enforcement officer or prosecutor, for any	1868
valid law enforcement or prosecutorial purpose;	1869

(3) Upon application by the person who is the subject of the	1870
sealed records, by the person that is named in that application;	1871

(4) If the records in question pertain to an alleged	1872
violation of division (E)(1) of section 4301.69 of the Revised	1873
Code, by any law enforcement officer or any prosecutor, or the	1874
assistants of a law enforcement officer or prosecutor, for the	1875
purpose of determining whether the person is eligible for	1876
diversion under division (E)(2) of section 4301.69 of the Revised	1877
Code;	1878

(5) At the request of a party in a civil action that is based	1879
on a case the records for which are the subject of a sealing order	1880
issued under section 2151.356 of the Revised Code, as needed for	1881
the civil action. The party also may copy the records as needed	1882
for the civil action. The sealed records shall be used solely in	1883
the civil action and are otherwise confidential and subject to the	1884
provisions of this section;	1885

(6) By the attorney general or an authorized employee of the	1886
attorney general or the court for purposes of determining whether	1887
a child is a public registry-qualified juvenile offender	1888
registrant, as defined in section 2950.01 of the Revised Code, for	1889
purposes of Chapter 2950. of the Revised Code.	1890

(F) No officer or employee of the state or any of its	1891
political subdivisions shall knowingly release, disseminate, or	1892
make available for any purpose involving employment, bonding,	1893
licensing, or education to any person or to any department,	1894
agency, or other instrumentality of the state or of any of its	1895
political subdivisions any information or other data concerning	1896
any arrest, taking into custody, complaint, indictment,	1897
information, trial, hearing, adjudication, or correctional	1898
supervision, the records of which have been sealed pursuant to	1899
section 2151.356 of the Revised Code and the release,	1900
dissemination, or making available of which is not expressly	1901
permitted by this section. Whoever violates this division is	1902
guilty of divulging confidential information, a misdemeanor of the	1903
fourth degree.	1904

(G) In any application for employment, license, or other	1905
right or privilege, any appearance as a witness, or any other	1906
inquiry, a person may not be questioned with respect to any arrest	1907
or taking into custody for which the records were sealed. If an	1908
inquiry is made in violation of this division, the person may	1909
respond as if the sealed arrest or taking into custody did not	1910
occur, and the person shall not be subject to any adverse action	1911
because of the arrest or taking into custody or the response.	1912

(H) The judgment rendered by the court under this chapter	1913
shall not impose any of the civil disabilities ordinarily imposed	1914
by conviction of a crime in that the child is not a criminal by	1915
reason of the adjudication, and no child shall be charged with or	1916
convicted of a crime in any court except as provided by this	1917
chapter. The disposition of a child under the judgment rendered or	1918
any evidence given in court shall not operate to disqualify a	1919
child in any future civil service examination, appointment, or	1920
application. Evidence of a judgment rendered and the disposition	1921
of a child under the judgment is not admissible to impeach the	1922
credibility of the child in any action or proceeding. Otherwise,	1923
the disposition of a child under the judgment rendered or any	1924
evidence given in court is admissible as evidence for or against	1925
the child in any action or proceeding in any court in accordance	1926
with the Rules of Evidence and also may be considered by any court	1927
as to the matter of sentence or to the granting of probation, and	1928
a court may consider the judgment rendered and the disposition of	1929
a child under that judgment for purposes of determining whether	1930
the child, for a future criminal conviction or guilty plea, is a	1931
repeat violent offender, as defined in section 2929.01 of the	1932
Revised Code.	1933

Sec. 2152.26. (A) Except as provided in divisions (B) and	1934
(F) of this section, a child alleged to be or adjudicated a	1935
delinquent child or a juvenile traffic offender may be held only	1936
in the following places:	1937

(1) A certified foster home or a home approved by the court;

1938

(2) A facility operated by a certified child welfare agency;

1939

(3) Any other suitable place designated by the court.

1940

(B) In addition to the places listed in division (A) of this	1941
section, a child alleged to be or adjudicated a delinquent child	1942
or a person described in division (C)(7) of section 2152.02 of the	1943
Revised Code may be held in a detention facility for delinquent	1944
children that is under the direction or supervision of the court	1945
or other public authority or of a private agency and approved by	1946
the court, and a child adjudicated a delinquent child may be held	1947
in accordance with division (F)(2) of this section in a facility	1948
of a type specified in that division. ~~Division (B) of this section~~	1949
This division does not apply to a child alleged to be or	1950
adjudicated a delinquent child for chronic truancy, unless the	1951
child violated a lawful court order made pursuant to division	1952
(A)(6) of section 2152.19 of the Revised Code. ~~Division (B) of~~	1953
~~this section~~This division also does not apply to a child alleged	1954
to be or adjudicated a delinquent child for being an habitual	1955
truant who previously has been adjudicated an unruly child for	1956
being an habitual truant, unless the child violated a lawful court	1957
order made pursuant to division (C)(1)(e) of section 2151.354 of	1958
the Revised Code.	1959

(C)(1) Except as provided under division (C)(1) of section	1960
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1961
of the Revised Code, a child alleged to be or adjudicated a	1962
juvenile traffic offender may not be held in any of the following	1963
facilities:	1964

(a) A state correctional institution, county, multicounty, or	1965
municipal jail or workhouse, or other place in which an adult	1966
convicted of crime, under arrest, or charged with a crime is held.	1967

(b) A secure correctional facility.

1968

(2) Except as provided under this section, sections 2151.56	1969
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the	1970
Revised Code, a child alleged to be or adjudicated a juvenile	1971
traffic offender may not be held for more than twenty-four hours	1972
in a detention facility.	1973

(D) Except as provided in division (F) of this section or in	1974
division (C) of section 2151.311, in division (C)(2) of section	1975
5139.06 and section 5120.162, or in division (B) of section	1976
5120.16 of the Revised Code, a child who is alleged to be or is	1977
adjudicated a delinquent child or a person described in division	1978
(C)(7) of section 2152.02 of the Revised Code may not be held in a	1979
state correctional institution, county, multicounty, or municipal	1980
jail or workhouse, or other place where an adult convicted of	1981
crime, under arrest, or charged with crime is held.	1982

(E) Unless the detention is pursuant to division (F) of this	1983
section or division (C) of section 2151.311, division (C)(2) of	1984
section 5139.06 and section 5120.162, or division (B) of section	1985
5120.16 of the Revised Code, the official in charge of the	1986
institution, jail, workhouse, or other facility shall inform the	1987
court immediately when a person who is or appears to be under the	1988
age of eighteen years, or a person who is charged with a violation	1989
of an order of a juvenile court or a violation of probation or	1990
parole conditions imposed by a juvenile court and who is or	1991
appears to be between the ages of eighteen and twenty-one years,	1992
is received at the facility and shall deliver the person to the	1993
court upon request or transfer the person to a detention facility	1994
designated by the court.	1995

(F)(1) If a case is transferred to another court for criminal	1996
prosecution pursuant to section 2152.12 of the Revised Code and	1997
the alleged offender is a person described in division (C)(7) of	1998
section 2152.02 of the Revised Code, the person may not be	1999
transferred for detention pending the criminal prosecution in a	2000
jail or other facility except under the circumstances described in	2001
division (F)(4) of this section. Any child held in accordance with	2002
division (F)(3) of this section shall be confined in a manner that	2003
keeps the child beyond the sight and sound of all adult detainees.	2004
The child shall be supervised at all times during the detention.	2005

(2) If a person is adjudicated a delinquent child or juvenile	2006
traffic offender or is a person described in division (C)(7) of	2007
section 2152.02 of the Revised Code and the court makes a	2008
disposition of the person under this chapter, at any time after	2009
the person attains twenty-one years of age, the person may be held	2010
under that disposition or under the circumstances described in	2011
division (F)(4) of this section in places other than those	2012
specified in division (A) of this section, including, but not	2013
limited to, a county, multicounty, or municipal jail or workhouse,	2014
or other place where an adult convicted of crime, under arrest, or	2015
charged with crime is held.	2016

(3)(a) A person alleged to be a delinquent child may be held	2017
in places other than those specified in division (A) of this	2018
section, including, but not limited to, a county, multicounty, or	2019
municipal jail, if the delinquent act that the child allegedly	2020
committed would be a felony if committed by an adult, and if	2021
either of the following applies:	2022

(i) The person attains twenty-one years of age before the	2023
person is arrested or apprehended for that act.	2024

(ii) The person is arrested or apprehended for that act	2025
before the person attains twenty-one years of age, but the person	2026
attains twenty-one years of age before the court orders a	2027
disposition in the case.	2028

(b) If, pursuant to division (F)(3)(a) of this section, a	2029
person is held in a place other than a place specified in division	2030
(A) of this section, the person has the same rights to bail as an	2031
adult charged with the same offense who is confined in a jail	2032
pending trial.	2033

(4)(a) Any person whose case is transferred for criminal	2034
prosecution pursuant to section ~~2151.10~~2152.10 or 2152.12 of the	2035
Revised Code or any person who has attained the age of eighteen	2036
years but has not attained the age of twenty-one years and who is	2037
being held in a place specified in division (B) of this section	2038
may be held under that disposition or charge in places other than	2039
those specified in division (B) of this section, including a	2040
county, multicounty, or municipal jail or workhouse, or other	2041
place where an adult under arrest or charged with crime is held if	2042
the juvenile court, upon its own motion or upon motion by the	2043
prosecutor and after notice and hearing, establishes by a	2044
preponderance of the evidence and makes written findings of either	2045
of the following:	2046

(i) With respect to a person whose case is transferred for	2047
criminal prosecution pursuant to either specified section or who	2048
has attained the age of eighteen years but who has not attained	2049
the age of twenty-one years and is being so held, that the youth	2050
is a threat to the safety and security of the facility~~. Evidence~~	2051
~~that the~~;	2052

(ii) With respect to a person who has attained the age of	2053
eighteen years but who has not attained the age of twenty-one	2054
years and is being so held, that the best interests of the youth	2055
require that the youth be held in a place other than a place	2056
specified in division (B) of this section, including a county,	2057
multicounty, or municipal jail or workhouse, or other place where	2058
an adult under arrest or charged with crime is held.	2059

(b) In determining for purposes of division (F)(4)(a)(i) of	2060
this section whether a youth is a threat to the safety and	2061
security of the facility, evidence that the youth is a threat to	2062
the safety and security of the facility may include, but is not	2063
limited to, whether the youth has done any of the following:	2064

(i) Injured or created an imminent danger to the life or	2065
health of another youth or staff member in the facility or program	2066
by violent behavior;	2067

(ii) Escaped from the facility or program in which the youth	2068
is being held on more than one occasion;	2069

(iii) Established a pattern of disruptive behavior as	2070
verified by a written record that the youth's behavior is not	2071
conducive to the established policies and procedures of the	2072
facility or program in which the youth is being held.	2073

~~(b)~~(c) If ~~the~~a prosecutor submits a motion requesting that	2074
~~the~~a person be held in a place other than those specified in	2075
division (B) of this section or if the court submits its own	2076
motion, the juvenile court shall hold a hearing within five days	2077
of the filing of the motion, and, in determining whether a place	2078
other than those specified in division (B) of this section is the	2079
appropriate place of confinement for the person, the court shall	2080
consider the following factors:	2081

(i) The age of the person;

2082

(ii) Whether the person would be deprived of contact with	2083
other people for a significant portion of the day or would not	2084
have access to recreational facilities or age-appropriate	2085
educational opportunities in order to provide physical separation	2086
from adults;	2087

(iii) The person's current emotional state, intelligence, and	2088
developmental maturity, including any emotional and psychological	2089
trauma, and the risk to the person in an adult facility, which may	2090
be evidenced by mental health or psychological assessments or	2091
screenings made available to the prosecuting attorney and the	2092
defense counsel;	2093

(iv) Whether detention in a juvenile facility would	2094
adequately serve the need for community protection pending the	2095
outcome of the criminal proceeding;	2096

(v) The relative ability of the available adult and juvenile	2097
detention facilities to meet the needs of the person, including	2098
the person's need for age-appropriate mental health and	2099
educational services delivered by individuals specifically trained	2100
to deal with youth;	2101

(vi) Whether the person presents an imminent risk of	2102
self-inflicted harm or an imminent risk of harm to others within a	2103
juvenile facility;	2104

(vii) Any other factors the juvenile court considers to be	2105
relevant.	2106

~~(c)~~(d) If the juvenile court determines that a place other	2107
than those specified in division (B) of this section is the	2108
appropriate place for confinement of a person pursuant to division	2109
(F)(4)(a) of this section, the person may petition the juvenile	2110
court for a review hearing thirty days after the initial	2111
confinement decision, thirty days after any subsequent review	2112
hearing, or at any time after the initial confinement decision	2113
upon an emergency petition by the youth due to the youth facing an	2114
imminent danger from others or the youth's self. Upon receipt of	2115
the petition, the juvenile court has discretion over whether to	2116
conduct the review hearing and may set the matter for a review	2117
hearing if the youth has alleged facts or circumstances that, if	2118
true, would warrant reconsideration of the youth's placement in a	2119
place other than those specified in division (B) of this section	2120
based on the factors listed in division (F)(4)~~(b)~~(c) of this	2121
section.	2122

~~(d)~~(e) Upon the admission of a person described in division	2123
(F)(4)(a) of this section to a place other than those specified in	2124
division (B) of this section, the facility shall advise the person	2125
of the person's right to request a review hearing as described in	2126
division (F)(4)(d) of this section.	2127

~~(e)~~(f) Any person transferred under division (F)(4)(a) of	2128
this section to a place other than those specified in division (B)	2129
of this section shall be confined in a manner that keeps the	2130
person beyond sight and sound of all adult detainees. The person	2131
shall be supervised at all times during the detention.	2132

(G)(1) If a person who is alleged to be or has been	2133
adjudicated a delinquent child or who is in any other category of	2134
persons identified in this section or section 2151.311 of the	2135
Revised Code is confined under authority of any Revised Code	2136
section in a place other than a place specified in division (B) of	2137
this section, including a county, multicounty, or municipal jail	2138
or workhouse, or other place where an adult under arrest or	2139
charged with crime is held, subject to division (G)(2) of this	2140
section, all identifying information, other than the person's	2141
county of residence, age, gender, and race and the charges against	2142
the person, that relates to the person's admission to and	2143
confinement in that place is not a public record open for	2144
inspection or copying under section 149.43 of the Revised Code and	2145
is confidential and shall not be released to any person other than	2146
to a court, to a law enforcement agency for law enforcement	2147
purposes, or to a person specified by court order.	2148

(2) Division (G)(1) of this section does not apply with	2149
respect to a person whose case is transferred for criminal	2150
prosecution pursuant to section 2152.10 or 2152.12 of the Revised	2151
Code, who is convicted of or pleads guilty to an offense in that	2152
case, who is confined after that conviction or guilty plea in a	2153
place other than a place specified in division (B) of this	2154
section, and to whom one of the following applies:	2155

(a) The case was transferred other than pursuant to division	2156
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2157
Code.	2158

(b) The case was transferred pursuant to division	2159
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2160
Code, and the person is sentenced for the offense pursuant to	2161
division (B)(4) of section 2152.121 of the Revised Code.	2162

(c) The case was transferred pursuant to division	2163
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2164
Code, the person is sentenced for the offense pursuant to division	2165
(B)(3) of section 2152.121 of the Revised Code by the court in	2166
which the person was convicted of or pleaded guilty to the	2167
offense, and the sentence imposed by that court is invoked	2168
pursuant to division (B)(3)(b) of section 2152.121 of the Revised	2169
Code.	2170

Sec. 2907.27. (A)(1) If a person is charged with a violation	2171
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	2172
2907.25 of the Revised Code or with a violation of a municipal	2173
ordinance that is substantially equivalent to any of those	2174
sections, the arresting authorities or a court, upon the request	2175
of the prosecutor in the case or upon the request of the victim,	2176
shall cause the accused to submit to one or more appropriate tests	2177
to determine if the accused is suffering from a venereal disease.	2178
~~The court, upon the request of the prosecutor in the case or upon~~	2179
~~the request of the victim shall cause the accused to submit to one~~	2180
~~or more appropriate tests to determine if the accused is suffering~~	2181
~~from the human immunodeficiency virus (HIV) within forty-eight~~	2182
~~hours after the date on which the complaint, information, or~~	2183
~~indictment is filed or within forty-eight hours after the date on~~	2184
~~which the complaint, information, or indictment is served on the~~	2185
~~accused, whichever date is later. Nothing in this section shall be~~	2186
~~construed to prevent the court from ordering at any time during~~	2187
~~which the complaint, information, or indictment is pending, that~~	2188
~~the accused submit to one or more appropriate tests to determine~~	2189
~~if the accused is suffering from a venereal disease or from the~~	2190
~~human immunodeficiency virus (HIV).~~	2191

(2) If the accused is found to be suffering from a venereal	2192
disease in an infectious stage, the accused shall be required to	2193
submit to medical treatment for that disease. The cost of the	2194
medical treatment shall be charged to and paid by the accused who	2195
undergoes the treatment. If the accused is indigent, the court	2196
shall order the accused to report to a facility operated by a city	2197
health district or a general health district for treatment. If the	2198
accused is convicted of or pleads guilty to the offense with which	2199
the accused is charged and is placed under a community control	2200
sanction, a condition of community control shall be that the	2201
offender submit to and faithfully follow a course of medical	2202
treatment for the venereal disease. If the offender does not seek	2203
the required medical treatment, the court may revoke the	2204
offender's community control and order the offender to undergo	2205
medical treatment during the period of the offender's	2206
incarceration and to pay the cost of that treatment.	2207

(B)(1)(a) If a person is charged with a violation of division	2208
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	2209
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	2210
Code or, with a violation of a municipal ordinance that is	2211
substantially equivalent to that division or any of those	2212
sections, or with a violation of a statute or municipal ordinance	2213
in which by force or threat of force the accused compelled the	2214
victim to engage in sexual activity, the court, upon the request	2215
of the prosecutor in the case, upon the request of the victim, or	2216
upon the request of any other person whom the court reasonably	2217
believes had contact with the accused in circumstances related to	2218
the violation that could have resulted in the transmission to that	2219
person of the human immunodeficiency virus, shall cause the	2220
accused to submit to one or more tests designated by the director	2221
of health under section 3701.241 of the Revised Code to determine	2222
if the accused is infected with HIV. The court shall cause the	2223
accused to submit to the test or tests within forty-eight hours	2224
after the indictment, information, or complaint is presented. The	2225
court shall order follow-up tests for HIV as may be medically	2226
appropriate.	2227

(b) The court, upon the request of the prosecutor in the	2228
case, upon the request of the victim with the agreement of the	2229
prosecutor, or upon the request of any other person with the	2230
agreement of the prosecutor, may cause an accused who is charged	2231
with a violation of any ~~other~~division or section of the Revised	2232
Code or ~~with a violation of~~ any ~~other~~ municipal ordinance not	2233
described in division (B)(1)(a) of this section to submit to one	2234
or more tests so designated by the director of health if the	2235
circumstances of the violation indicate probable cause to believe	2236
that the accused, if the accused is infected with HIV, might have	2237
transmitted HIV to any of the following persons in committing the	2238
violation:	2239

(i) In relation to a request made by the prosecuting	2240
attorney, to the victim or to any other person;	2241

(ii) In relation to a request made by the victim, to the	2242
victim making the request;	2243

(iii) In relation to a request made by any other person, to	2244
the person making the request.	2245

~~(b)~~(c) The results of a test conducted under division	2246
(B)(1)(a) of this section shall be provided as soon as practicable	2247
to the victim, or the parent or guardian of the victim, and the	2248
accused. The results of any follow-up test conducted under that	2249
division also shall be provided as soon as practicable to the	2250
victim, or the parent or guardian of the victim, and the accused.	2251
The results of a test performed under division (B)(1)~~(a)~~(b) of	2252
this section shall be communicated in confidence to the court,	2253
~~and~~ the court shall inform the accused of the result~~. The~~, and the	2254
court shall inform the victim that the test was performed and that	2255
the victim has a right to receive the results on request. If	2256
Additionally, for a test under either division (B)(1)(a) or (b) of	2257
this section, all of the following apply:	2258

(i) If the test was performed upon the request of a person	2259
other than the prosecutor in the case and other than the victim,	2260
the court shall inform the person who made the request that the	2261
test was performed and that the person has a right to receive the	2262
results upon request. ~~Additionally, regardless~~	2263

(ii) Regardless of who made the request that was the basis of	2264
the test being performed, if the court reasonably believes that,	2265
in circumstances related to the violation, a person other than the	2266
victim had contact with the accused that could have resulted in	2267
the transmission of HIV to that person, the court may inform that	2268
person that the test was performed and that the person has a right	2269
to receive the results of the test on request. If	2270

(iii) If the accused tests positive for HIV, the test results	2271
shall be reported to the department of health in accordance with	2272
section 3701.24 of the Revised Code and to the sheriff, head of	2273
the state correctional institution, or other person in charge of	2274
any jail or prison in which the accused is incarcerated. If	2275

(iv) If the accused tests positive for HIV and the accused	2276
was charged with, and was convicted of or pleaded guilty to, a	2277
violation of section 2907.24, 2907.241, or 2907.25 of the Revised	2278
Code or a violation of a municipal ordinance that is substantially	2279
equivalent to any of those sections, the test results also shall	2280
be reported to the law enforcement agency that arrested the	2281
accused, and the law enforcement agency may use the test results	2282
as the basis for any future charge of a violation of division (B)	2283
of any of those sections or a violation of a municipal ordinance	2284
that is substantially equivalent to division (B) of any of those	2285
sections. ~~No other~~	2286

(v) Except as otherwise provided in the first paragraph in	2287
division (B)(1)(c) of this section or in division (B)(1)(c)(i),	2288
(ii), (iii), or (iv) of this section, no disclosure of the test	2289
results or the fact that a test was performed shall be made, other	2290
than as evidence in a grand jury proceeding or as evidence in a	2291
judicial proceeding in accordance with the Rules of Evidence. If	2292

(vi) If the test result is negative, and the charge has not	2293
been dismissed or if the accused has been convicted of the charge	2294
or a different offense arising out of the same circumstances as	2295
the offense charged, the court shall order that the test be	2296
repeated not earlier than three months nor later than six months	2297
after the original test.	2298

(2) If an accused who is free on bond refuses to submit to a	2299
test ordered by the court pursuant to division (B)(1) of this	2300
section, the court may order that the accused's bond be revoked	2301
and that the accused be incarcerated until the test is performed.	2302
If an accused who is incarcerated refuses to submit to a test	2303
ordered by the court pursuant to division (B)(1) of this section,	2304
the court shall order the person in charge of the jail or prison	2305
in which the accused is incarcerated to take any action necessary	2306
to facilitate the performance of the test, including the forcible	2307
restraint of the accused for the purpose of drawing blood to be	2308
used in the test.	2309

(3) A state agency, a political subdivision of the state, or	2310
an employee of a state agency or of a political subdivision of the	2311
state is immune from liability in a civil action to recover	2312
damages for injury, death, or loss to person or property allegedly	2313
caused by any act or omission in connection with the performance	2314
of the duties required under division (B)(2) of this section	2315
unless the acts or omissions are with malicious purpose, in bad	2316
faith, or in a wanton or reckless manner.	2317

(C) Nothing in this section shall be construed to prevent a	2318
court in which a person is charged with any offense specified in	2319
division (A)(1) or (B)(1)(a) of this section from ordering at any	2320
time during which the complaint, information, or indictment is	2321
pending, that the accused submit to one or more appropriate tests	2322
to determine if the accused is suffering from a venereal disease	2323
or from HIV.	2324

(D) As used in this section:

2325

(1) "Community control sanction" has the same meaning as in	2326
section 2929.01 of the Revised Code.	2327

(2) "HIV" means the human immunodeficiency virus.

2328

Sec. 2907.28. (A) Any cost incurred by a hospital or	2329
emergency medical facility in conducting a medical examination of	2330
a victim of an offense under any provision of sections 2907.02 to	2331
2907.06 of the Revised Code for the purpose of gathering physical	2332
evidence for a possible prosecution, including the cost of any	2333
antibiotics administered as part of the examination, shall be paid	2334
out of the reparations fund established pursuant to section	2335
2743.191 of the Revised Code, subject to the following conditions:	2336

(1) The hospital or emergency facility shall follow a	2337
protocol for conducting such medical examinations that is	2338
identified by the attorney general in rule adopted in accordance	2339
with Chapter 119. of the Revised Code.	2340

(2) The hospital or emergency facility shall submit requests	2341
for payment to the attorney general on a monthly basis, through a	2342
procedure determined by the attorney general and on forms approved	2343
by the attorney general. The requests shall identify the number of	2344
sexual assault examinations performed and shall verify that all	2345
required protocols were met for each examination form submitted	2346
for payment in the request.	2347

(3) The attorney general shall review all requests for	2348
payment that are submitted under division (A)(2) of this section	2349
and shall submit for payment as described in division (A)(5) of	2350
this section all requests that meet the requirements of this	2351
section.	2352

(4) The hospital or emergency facility shall accept a flat	2353
fee payment for conducting each examination in the amount	2354
determined by the attorney general pursuant to Chapter 119. of the	2355
Revised Code as payment in full for any cost incurred in	2356
conducting a medical examination and test of a victim of an	2357
offense under any provision of sections 2907.02 to 2907.06 of the	2358
Revised Code for the purpose of gathering physical evidence for a	2359
possible prosecution of a person. The attorney general shall	2360
determine a flat fee payment amount to be paid under this division	2361
that is reasonable.	2362

(5) In approving a payment under this section, the attorney	2363
general shall order the payment against the state. The payment	2364
shall be accomplished only through the following procedure, and	2365
the procedure may be enforced through a mandamus action and a writ	2366
of mandamus directed to the appropriate official:	2367

(a) The attorney general shall provide for payment in the	2368
amount set forth in the order.	2369

(b) The expense of the payment of the amount described in	2370
this section shall be charged against all available unencumbered	2371
moneys in the reparations fund.	2372

(B) No costs incurred by a hospital or emergency facility in	2373
conducting a medical examination and test of any victim of an	2374
offense under any provision of sections 2907.02 to 2907.06 of the	2375
Revised Code for the purpose of gathering physical evidence for a	2376
possible prosecution of a person shall be billed or charged	2377
directly or indirectly to the victim or the victim's insurer.	2378

(C) Any cost incurred by a hospital or emergency medical	2379
facility in conducting a medical examination and test of any	2380
person who is charged with a violation of division (B) of section	2381
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12,	2382
2907.24, 2907.241, or 2907.25 of the Revised Code or, with a	2383
violation of a municipal ordinance that is substantially	2384
equivalent to that division or any of those sections, or with a	2385
violation of a statute or municipal ordinance under which by force	2386
or threat of force the accused compelled the victim to engage in	2387
sexual activity, pursuant to division (B) of section 2907.27 of	2388
the Revised Code, shall be charged to and paid by the accused who	2389
undergoes the examination and test, unless the court determines	2390
that the accused is unable to pay, in which case the cost shall be	2391
charged to and paid by the municipal corporation in which the	2392
offense allegedly was committed, or charged to and paid by the	2393
county if the offense allegedly was committed within an	2394
unincorporated area. If separate counts of an alleged offense or	2395
alleged separate offenses under division (B) of section 2903.11 or	2396
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	2397
2907.241, or 2907.25 of the Revised Code or, under a municipal	2398
ordinance that is substantially equivalent to that division or any	2399
of those sections, or under a statute or municipal ordinance in	2400
violation of which by force or threat of force the accused	2401
compelled the victim to engage in sexual activity took place in	2402
more than one municipal corporation or more than one	2403
unincorporated area, or both, the local governments shall share	2404
the cost of the examination and test. If a hospital or other	2405
emergency medical facility has submitted charges for the cost of a	2406
medical examination and test to an accused and has been unable to	2407
collect payment for the charges after making good faith attempts	2408
to collect for a period of six months or more, the cost shall be	2409
charged to and paid by the appropriate municipal corporation or	2410
county as specified in division (C) of this section.	2411

Sec. 2929.26. (A) Except when a mandatory jail term is	2412
required by law, the court imposing a sentence for a misdemeanor,	2413
other than a minor misdemeanor, may impose upon the offender any	2414
community residential sanction or combination of community	2415
residential sanctions under this section. Community residential	2416
sanctions include, but are not limited to, the following:	2417

(1) A term of up to one hundred eighty days in a halfway	2418
house or community-based correctional facility or a term in a	2419
halfway house or community-based correctional facility not to	2420
exceed the longest jail term available for the offense, whichever	2421
is shorter, if the political subdivision that would have	2422
responsibility for paying the costs of confining the offender in a	2423
jail has entered into a contract with the halfway house or	2424
community-based correctional facility for use of the facility for	2425
misdemeanor offenders;	2426

(2) If the offender is an eligible offender, as defined in	2427
section 307.932 of the Revised Code, a term ~~of up to sixty days~~ in	2428
a community alternative sentencing center or district community	2429
alternative sentencing center established and operated in	2430
accordance with that section, in the circumstances specified in	2431
that section, with one of the conditions of the sanction being	2432
that the offender successfully complete the portion of the	2433
sentence to be served in the center ~~the entire term imposed~~.	2434

(B) A sentence to a community residential sanction under	2435
division (A)~~(3)~~(2) of this section shall be in accordance with	2436
section 307.932 of the Revised Code. In all other cases, the court	2437
that sentences an offender to a community residential sanction	2438
under this section may do either or both of the following:	2439

(1) Permit the offender to serve the offender's sentence in	2440
intermittent confinement, overnight, on weekends or at any other	2441
time or times that will allow the offender to continue at the	2442
offender's occupation or care for the offender's family;	2443

(2) Authorize the offender to be released so that the	2444
offender may seek or maintain employment, receive education or	2445
training, receive treatment, perform community service, or	2446
otherwise fulfill an obligation imposed by law or by the court. A	2447
release pursuant to this division shall be only for the duration	2448
of time that is needed to fulfill the purpose of the release and	2449
for travel that reasonably is necessary to fulfill the purposes of	2450
the release.	2451

(C) The court may order that a reasonable portion of the	2452
income earned by the offender upon a release pursuant to division	2453
(B) of this section be applied to any financial sanction imposed	2454
under section 2929.28 of the Revised Code.	2455

(D) No court shall sentence any person to a prison term for a	2456
misdemeanor or minor misdemeanor or to a jail term for a minor	2457
misdemeanor.	2458

(E) If a court sentences a person who has been convicted of	2459
or pleaded guilty to a misdemeanor to a community residential	2460
sanction as described in division (A) of this section, at the time	2461
of reception and at other times the person in charge of the	2462
operation of the halfway house, community alternative sentencing	2463
center, district community alternative sentencing center, or other	2464
place at which the offender will serve the residential sanction	2465
determines to be appropriate, the person in charge of the	2466
operation of the halfway house, community alternative sentencing	2467
center, district community alternative sentencing center, or other	2468
place may cause the convicted offender to be examined and tested	2469
for tuberculosis, HIV infection, hepatitis, including, but not	2470
limited to, hepatitis A, B, and C, and other contagious diseases.	2471
The person in charge of the operation of the halfway house,	2472
community alternative sentencing center, district community	2473
alternative sentencing center, or other place at which the	2474
offender will serve the residential sanction may cause a convicted	2475
offender in the halfway house, community alternative sentencing	2476
center, district community alternative sentencing center, or other	2477
place who refuses to be tested or treated for tuberculosis, HIV	2478
infection, hepatitis, including, but not limited to, hepatitis A,	2479
B, and C, or another contagious disease to be tested and treated	2480
involuntarily.	2481

(F) A political subdivision may enter into a contract with a	2482
halfway house for use of the halfway house to house misdemeanor	2483
offenders under a sanction imposed under division (A)(1) of this	2484
section.	2485

Sec. 2947.23. (A)(1)(a) In all criminal cases, including	2486
violations of ordinances, the judge or magistrate shall include in	2487
the sentence the costs of prosecution, including any costs under	2488
section 2947.231 of the Revised Code, and render a judgment	2489
against the defendant for such costs. If the judge or magistrate	2490
imposes a community control sanction or other nonresidential	2491
sanction, the judge or magistrate, when imposing the sanction,	2492
shall notify the defendant of both of the following:	2493

(i) If the defendant fails to pay that judgment or fails to	2494
timely make payments towards that judgment under a payment	2495
schedule approved by the court, the court may order the defendant	2496
to perform community service ~~in an amount of not more than forty~~	2497
~~hours per month~~ until the judgment is paid or until the court is	2498
satisfied that the defendant is in compliance with the approved	2499
payment schedule.	2500

(ii) If the court orders the defendant to perform the	2501
community service, the defendant will receive credit upon the	2502
judgment at the specified hourly credit rate per hour of community	2503
service performed, and each hour of community service performed	2504
will reduce the judgment by that amount.	2505

(b) The failure of a judge or magistrate to notify the	2506
defendant pursuant to division (A)(1)(a) of this section does not	2507
negate or limit the authority of the court to order the defendant	2508
to perform community service if the defendant fails to pay the	2509
judgment described in that division or to timely make payments	2510
toward that judgment under an approved payment plan.	2511

(2) The following shall apply in all criminal cases:

2512

(a) If a jury has been sworn at the trial of a case, the fees	2513
of the jurors shall be included in the costs, which shall be paid	2514
to the public treasury from which the jurors were paid.	2515

(b) If a jury has not been sworn at the trial of a case	2516
because of a defendant's failure to appear without good cause or	2517
because the defendant entered a plea of guilty or no contest less	2518
than twenty-four hours before the scheduled commencement of the	2519
trial, the costs incurred in summoning jurors for that particular	2520
trial may be included in the costs of prosecution. If the costs	2521
incurred in summoning jurors are assessed against the defendant,	2522
those costs shall be paid to the public treasury from which the	2523
jurors were paid.	2524

(B) If a judge or magistrate has reason to believe that a	2525
defendant has failed to pay the judgment described in division (A)	2526
of this section or has failed to timely make payments towards that	2527
judgment under a payment schedule approved by the judge or	2528
magistrate, the judge or magistrate shall hold a hearing to	2529
determine whether to order the offender to perform community	2530
service for that failure. The judge or magistrate shall notify	2531
both the defendant and the prosecuting attorney of the place,	2532
time, and date of the hearing and shall give each an opportunity	2533
to present evidence. If, after the hearing, the judge or	2534
magistrate determines that the defendant has failed to pay the	2535
judgment or to timely make payments under the payment schedule and	2536
that imposition of community service for the failure is	2537
appropriate, the judge or magistrate may order the offender to	2538
perform community service ~~in an amount of not more than forty~~	2539
~~hours per month~~ until the judgment is paid or until the judge or	2540
magistrate is satisfied that the offender is in compliance with	2541
the approved payment schedule. If the judge or magistrate orders	2542
the defendant to perform community service under this division,	2543
the defendant shall receive credit upon the judgment at the	2544
specified hourly credit rate per hour of community service	2545
performed, and each hour of community service performed shall	2546
reduce the judgment by that amount. Except for the credit and	2547
reduction provided in this division, ordering an offender to	2548
perform community service under this division does not lessen the	2549
amount of the judgment and does not preclude the state from taking	2550
any other action to execute the judgment.	2551

(C) The court retains jurisdiction to waive, suspend, or	2552
modify the payment of the costs of prosecution, including any	2553
costs under section 2947.231 of the Revised Code, at the time of	2554
sentencing or at any time thereafter.	2555

(D) As used in this section:

2556

(1) "Case" means a prosecution of all of the charges that	2557
result from the same act, transaction, or series of acts or	2558
transactions and that are given the same case type designator and	2559
case number under Rule 43 of the Rules of Superintendence for the	2560
Courts of Ohio or any successor to that rule.	2561

(2) "Specified hourly credit rate" means an hourly credit	2562
rate set by the judge or magistrate, which shall not be less than	2563
the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the	2564
federal Fair Labor Standards Act of 1938, that then is in effect,	2565
and that an employer subject to that provision must pay per hour	2566
to each of the employer's employees who is subject to that	2567
provision.	2568

Sec. 2953.25. (A) As used in this section:

2569

(1) "Collateral sanction" means a penalty, disability, or	2570
disadvantage that is related to employment or occupational	2571
licensing, however denominated, as a result of the individual's	2572
conviction of or plea of guilty to an offense and that applies by	2573
operation of law in this state whether or not the penalty,	2574
disability, or disadvantage is included in the sentence or	2575
judgment imposed.	2576

"Collateral sanction" does not include imprisonment,	2577
probation, parole, supervised release, forfeiture, restitution,	2578
fine, assessment, or costs of prosecution.	2579

(2) "Decision-maker" includes, but is not limited to, the	2580
state acting through a department, agency, board, commission, or	2581
instrumentality established by the law of this state for the	2582
exercise of any function of government, a political subdivision,	2583
an educational institution, or a government contractor or	2584
subcontractor made subject to this section by contract, law, or	2585
ordinance.	2586

(3) "Department-funded program" means a residential or	2587
nonresidential program that is not a term in a state correctional	2588
institution, that is funded in whole or part by the department of	2589
rehabilitation and correction, and that is imposed as a sanction	2590
for an offense, as part of a sanction that is imposed for an	2591
offense, or as a term or condition of any sanction that is imposed	2592
for an offense.	2593

(4) "Designee" means the person designated by the deputy	2594
director of the division of parole and community services to	2595
perform the duties designated in division (B) of this section.	2596

(5) "Division of parole and community services" means the	2597
division of parole and community services of the department of	2598
rehabilitation and correction.	2599

(6) "Offense" means any felony or misdemeanor under the laws	2600
of this state.	2601

(7) "Political subdivision" has the same meaning as in	2602
section 2969.21 of the Revised Code.	2603

(B)(1) After the provisions of this division become operative	2604
as described in division (J) of this section, an individual who is	2605
subject to one or more collateral sanctions as a result of being	2606
convicted of or pleading guilty to an offense and who either has	2607
served a term in a state correctional institution for any offense	2608
or has spent time in a department-funded program for any offense	2609
may file a petition with the designee of the deputy director of	2610
the division of parole and community services for a certificate of	2611
qualification for employment.	2612

(2) After the provisions of this division become operative as	2613
described in division (J) of this section, an individual who is	2614
subject to one or more collateral sanctions as a result of being	2615
convicted of or pleading guilty to an offense and who is not in a	2616
category described in division (B)(1) of this section may file a	2617
petition with the court of common pleas of the county in which the	2618
person resides or with the designee of the deputy director of the	2619
division of parole and community services for a certificate of	2620
qualification for employment.	2621

(3) A petition under division (B)(1) or (2) of this section	2622
shall be made on a copy of the form prescribed by the division of	2623
parole and community services under division (J) of this section	2624
and shall contain all of the information described in division (F)	2625
of this section.	2626

(4) An individual may file a petition under division (B)(1)	2627
or (2) of this section at any time after the expiration of	2628
whichever of the following is applicable:	2629

(a) If the offense that resulted in the collateral sanction	2630
from which the individual seeks relief is a felony, at any time	2631
after the expiration of one year from the date of release of the	2632
individual from any period of incarceration in a state or local	2633
correctional facility that was imposed for that offense and all	2634
periods of supervision imposed after release from the period of	2635
incarceration or, if the individual was not incarcerated for that	2636
offense, at any time after the expiration of one year from the	2637
date of the individual's final release from all other sanctions	2638
imposed for that offense.	2639

(b) If the offense that resulted in the collateral sanction	2640
from which the individual seeks relief is a misdemeanor, at any	2641
time after the expiration of six months from the date of release	2642
of the individual from any period of incarceration in a local	2643
correctional facility that was imposed for that offense and all	2644
periods of supervision imposed after release from the period of	2645
incarceration or, if the individual was not incarcerated for that	2646
offense, at any time after the expiration of six months from the	2647
date of the final release of the individual from all sanctions	2648
imposed for that offense including any period of supervision.	2649

(5)(a) A designee that receives a petition for a	2650
certification of qualification for employment from an individual	2651
under division (B)(1) or (2) of this section shall review the	2652
petition to determine whether it is complete. If the petition is	2653
complete, the designee shall forward the petition, and any other	2654
information the designee possesses that relates to the petition,	2655
to the court of common pleas of the county in which the individual	2656
resides.	2657

(b) A court of common pleas that receives a petition for a	2658
certificate of qualification for employment from an individual	2659
under division (B)(2) of this section, or that is forwarded a	2660
petition for such a certificate under division (B)(5)(a) of this	2661
section, shall attempt to determine all other courts in this state	2662
in which the individual was convicted of or pleaded guilty to an	2663
offense other than the offense from which the individual is	2664
seeking relief. The court that receives or is forwarded the	2665
petition shall notify all other courts in this state that it	2666
determines under this division were courts in which the individual	2667
was convicted of or pleaded guilty to an offense other than the	2668
offense from which the individual is seeking relief that the	2669
individual has filed the petition and that the court may send	2670
comments regarding the possible issuance of the certificate.	2671

A court of common pleas that receives a petition for a	2672
certificate of qualification for employment under division (B)(2)	2673
of this section shall notify the prosecuting attorney of the	2674
county in which the individual resides that the individual has	2675
filed the petition.	2676

A court of common pleas that receives a petition for a	2677
certificate of qualification for employment under division (B)(2)	2678
of this section, or that is forwarded a petition for qualification	2679
under division (B)(5)(a) of this section may direct the clerk of	2680
court to process and record all notices required in or under this	2681
section.	2682

(C)(1) Upon receiving a petition for a certificate of	2683
qualification for employment filed by an individual under division	2684
(B)(2) of this section or being forwarded a petition for such a	2685
certificate under division (B)(5)(a) of this section, the court	2686
shall review the individual's petition, the individual's criminal	2687
history, all filings submitted by the prosecutor or by the victim	2688
in accordance with rules adopted by the division of parole and	2689
community services, and all other relevant evidence. The court may	2690
order any report, investigation, or disclosure by the individual	2691
that the court believes is necessary for the court to reach a	2692
decision on whether to approve the individual's petition for a	2693
certificate of qualification for employment.	2694

(2) Upon receiving a petition for a certificate of	2695
qualification for employment filed by an individual under division	2696
(B)(2) of this section or being forwarded a petition for such a	2697
certificate under division (B)(5)(a) of this section, except as	2698
otherwise provided in this division, the court shall decide	2699
whether to issue the certificate within sixty days after the court	2700
receives or is forwarded the completed petition and all	2701
information requested for the court to make that decision. Upon	2702
request of the individual who filed the petition, the court may	2703
extend the sixty-day period specified in this division.	2704

(3) Subject to division (C)(5) of this section, a court that	2705
receives an individual's petition for a certificate of	2706
qualification for employment under division (B)(2) of this section	2707
or that is forwarded a petition for such a certificate under	2708
division (B)(5)(a) of this section may issue a certificate of	2709
qualification for employment, at the court's discretion, if the	2710
court finds that the individual has established all of the	2711
following by a preponderance of the evidence:	2712

(a) Granting the petition will materially assist the	2713
individual in obtaining employment or occupational licensing.	2714

(b) The individual has a substantial need for the relief	2715
requested in order to live a law-abiding life.	2716

(c) Granting the petition would not pose an unreasonable risk	2717
to the safety of the public or any individual.	2718

(4) The submission of an incomplete petition by an individual	2719
shall not be grounds for the designee or court to deny the	2720
petition.	2721

(5) A court that receives an individual's petition for a	2722
certificate of qualification for employment under division (B)(2)	2723
of this section or that is forwarded a petition for such a	2724
certificate under division (B)(5)(a) of this section shall not	2725
issue a certificate of qualification for employment that grants	2726
the individual relief from any of the following collateral	2727
sanctions:	2728

(a) Requirements imposed by Chapter 2950. of the Revised Code	2729
and rules adopted under sections 2950.13 and 2950.132 of the	2730
Revised Code;	2731

(b) A driver's license, commercial driver's license, or	2732
probationary license suspension, cancellation, or revocation	2733
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the	2734
Revised Code if the relief sought is available pursuant to section	2735
4510.021 or division (B) of section 4510.13 of the Revised Code;	2736

(c) Restrictions on employment as a prosecutor or law	2737
enforcement officer;	2738

(d) The denial, ineligibility, or automatic suspension of a	2739
license that is imposed upon an individual applying for or holding	2740
a license as a health care professional under Title XLVII of the	2741
Revised Code if the individual is convicted of, pleads guilty to,	2742
is subject to a judicial finding of eligibility for intervention	2743
in lieu of conviction in this state under section 2951.041 of the	2744
Revised Code, or is subject to treatment or intervention in lieu	2745
of conviction for a violation of section 2903.01, 2903.02,	2746
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	2747
2911.01, 2911.11, or 2919.123 of the Revised Code;	2748

(e) The immediate suspension of a license, certificate, or	2749
evidence of registration that is imposed upon an individual	2750
holding a license as a health care professional under Title XLVII	2751
of the Revised Code pursuant to division (C) of section 3719.121	2752
of the Revised Code;	2753

(f) The denial or ineligibility for employment in a pain	2754
clinic under division (B)(4) of section 4729.552 of the Revised	2755
Code;	2756

(g) The mandatory suspension of a license that is imposed on	2757
an individual applying for or holding a license as a health care	2758
professional under Title XLVII of the Revised Code pursuant to	2759
section 3123.43 of the Revised Code.	2760

(6) If a court that receives an individual's petition for a	2761
certificate of qualification for employment under division (B)(2)	2762
of this section or that is forwarded a petition for such a	2763
certificate under division (B)(5)(a) of this section denies the	2764
petition, the court shall provide written notice to the individual	2765
of the court's denial. The court may place conditions on the	2766
individual regarding the individual's filing of any subsequent	2767
petition for a certificate of qualification for employment. The	2768
written notice must notify the individual of any conditions placed	2769
on the individual's filing of a subsequent petition for a	2770
certificate of qualification for employment.	2771

If a court of common pleas that receives an individual's	2772
petition for a certificate of qualification for employment under	2773
division (B)(2) of this section or that is forwarded a petition	2774
for such a certificate under division (B)(5)(a) of this section	2775
denies the petition, the individual may appeal the decision to the	2776
court of appeals only if the individual alleges that the denial	2777
was an abuse of discretion on the part of the court of common	2778
pleas.	2779

(D) A certificate of qualification for employment issued to	2780
an individual lifts the automatic bar of a collateral sanction,	2781
and a decision-maker shall consider on a case-by-case basis	2782
whether to grant or deny the issuance or restoration of an	2783
occupational license or an employment opportunity, notwithstanding	2784
the individual's possession of the certificate, without, however,	2785
reconsidering or rejecting any finding made by a designee or court	2786
under division (C)(3) of this section.	2787

(E) A certificate of qualification for employment does not	2788
grant the individual to whom the certificate was issued relief	2789
from the mandatory civil impacts identified in division (A)(1) of	2790
section 2961.01 or division (B) of section 2961.02 of the Revised	2791
Code.	2792

(F) A petition for a certificate of qualification for	2793
employment filed by an individual under division (B)(1) or (2) of	2794
this section shall include all of the following:	2795

(1) The individual's name, date of birth, and social security	2796
number;	2797

(2) All aliases of the individual and all social security	2798
numbers associated with those aliases;	2799

(3) The individual's residence address, including the city,	2800
county, and state of residence and zip code;	2801

(4) The length of time that the individual has been a	2802
resident of this state, expressed in years and months of	2803
residence;	2804

(5) The name or type of each collateral sanction from which	2805
the individual is requesting a certificate of qualification for	2806
employment;	2807

(6) A summary of the individual's criminal history with	2808
respect to each offense that is a disqualification from employment	2809
or licensing in an occupation or profession, including the years	2810
of each conviction or plea of guilty for each of those offenses;	2811

(7) A summary of the individual's employment history,	2812
specifying the name of, and dates of employment with, each	2813
employer;	2814

(8) Verifiable references and endorsements;

2815

(9) The name of one or more immediate family members of the	2816
individual, or other persons with whom the individual has a close	2817
relationship, who support the individual's reentry plan;	2818

(10) A summary of the reason the individual believes the	2819
certificate of qualification for employment should be granted;	2820

(11) Any other information required by rule by the department	2821
of rehabilitation and correction.	2822

(G)(1) In a judicial or administrative proceeding alleging	2823
negligence or other fault, a certificate of qualification for	2824
employment issued to an individual under this section may be	2825
introduced as evidence of a person's due care in hiring,	2826
retaining, licensing, leasing to, admitting to a school or	2827
program, or otherwise transacting business or engaging in activity	2828
with the individual to whom the certificate of qualification for	2829
employment was issued if the person knew of the certificate at the	2830
time of the alleged negligence or other fault.	2831

(2) In any proceeding on a claim against an employer for	2832
negligent hiring, a certificate of qualification for employment	2833
issued to an individual under this section shall provide immunity	2834
for the employer as to the claim if the employer knew of the	2835
certificate at the time of the alleged negligence.	2836

(3) If an employer hires an individual who has been issued a	2837
certificate of qualification for employment under this section, if	2838
the individual, after being hired, subsequently demonstrates	2839
dangerousness or is convicted of or pleads guilty to a felony, and	2840
if the employer retains the individual as an employee after the	2841
demonstration of dangerousness or the conviction or guilty plea,	2842
the employer may be held liable in a civil action that is based on	2843
or relates to the retention of the individual as an employee only	2844
if it is proved by a preponderance of the evidence that the person	2845
having hiring and firing responsibility for the employer had	2846
actual knowledge that the employee was dangerous or had been	2847
convicted of or pleaded guilty to the felony and was willful in	2848
retaining the individual as an employee after the demonstration of	2849
dangerousness or the conviction or guilty plea of which the person	2850
has actual knowledge.	2851

(H) A certificate of qualification for employment issued	2852
under this section shall be presumptively revoked if the	2853
individual to whom the certificate of qualification for employment	2854
was issued is convicted of or pleads guilty to a felony offense	2855
committed subsequent to the issuance of the certificate of	2856
qualification for employment.	2857

(I) A designee's forwarding, or failure to forward, a	2858
petition for a certificate of qualification for employment to a	2859
court or a court's issuance, or failure to issue, a petition for a	2860
certificate of qualification for employment to an individual under	2861
division (B) of this section does not give rise to a claim for	2862
damages against the department of rehabilitation and correction or	2863
court.	2864

(J) Not later than ninety days after ~~the effective date of~~	2865
~~this section~~September 28, 2012, the division of parole and	2866
community services shall adopt rules in accordance with Chapter	2867
119. of the Revised Code for the implementation and administration	2868
of this section and shall prescribe the form for the petition to	2869
be used under division (B)(1) or (2) of this section. The form for	2870
the petition shall include places for all of the information	2871
specified in division (F) of this section. Upon the adoption of	2872
the rules, the provisions of divisions (A) to (I) of this section	2873
become operative.	2874

(K) The department of rehabilitation and correction shall	2875
conduct a study to determine the manner for transferring the	2876
mechanism for the issuance of a certificate of qualification for	2877
employment created by this section to an electronic database	2878
established and maintained by the department. The database to	2879
which the mechanism is to be transferred shall include granted	2880
certificates and revoked certificates and shall be designed to	2881
track the number of certificates granted and revoked, the	2882
industries, occupations, and professions with respect to which the	2883
certificates have been most applicable, the types of employers	2884
that have accepted the certificates, and the recidivism rates of	2885
individuals who have been issued the certificates. Not later than	2886
the date that is one year after ~~the effective date of this section~~	2887
September 28, 2012, the department of rehabilitation and	2888
correction shall submit to the general assembly and the governor a	2889
report that contains the results of the study and recommendations	2890
for transferring the mechanism for the issuance of certificate of	2891
qualification for employment created by this section to an	2892
electronic database established and maintained by the department.	2893

(L) The department of rehabilitation and correction, in	2894
conjunction with the Ohio judicial conference, shall conduct a	2895
study to determine whether the application process for	2896
certificates of qualification for employment created by this	2897
section is feasible based upon the caseload capacity of the	2898
department and the courts of common pleas. Not later than the date	2899
that is one year after ~~the effective date of this section~~	2900
September 28, 2012, the department shall submit to the general	2901
assembly a report that contains the results of the study and any	2902
recommendations for improvement of the application process.	2903

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	2904
Revised Code:	2905

(A) "Eligible offender" means anyone who has been convicted	2906
of an offense in this state or any other jurisdiction and who has	2907
not more than one felony conviction, not more than two misdemeanor	2908
convictions ~~if the convictions are not of the same offense~~, or not	2909
more than one felony conviction and one misdemeanor conviction in	2910
this state or any other jurisdiction. When two or more convictions	2911
result from or are connected with the same act or result from	2912
offenses committed at the same time, they shall be counted as one	2913
conviction. When two or three convictions result from the same	2914
indictment, information, or complaint, from the same plea of	2915
guilty, or from the same official proceeding, and result from	2916
related criminal acts that were committed within a three-month	2917
period but do not result from the same act or from offenses	2918
committed at the same time, they shall be counted as one	2919
conviction, provided that a court may decide as provided in	2920
division (C)(1)(a) of section 2953.32 of the Revised Code that it	2921
is not in the public interest for the two or three convictions to	2922
be counted as one conviction.	2923

For purposes of, and except as otherwise provided in, this	2924
division, a conviction for a minor misdemeanor, for a violation of	2925
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	2926
Revised Code, or for a violation of a municipal ordinance that is	2927
substantially similar to any section in those chapters is not a	2928
conviction. However, a conviction for a violation of section	2929
4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or	2930
4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a	2931
violation of section 4510.11 or 4510.14 of the Revised Code that	2932
is based upon the offender's operation of a vehicle during a	2933
suspension imposed under section 4511.191 or 4511.196 of the	2934
Revised Code, for a violation of a substantially equivalent	2935
municipal ordinance, for a felony violation of Title XLV of the	2936
Revised Code, or for a violation of a substantially equivalent	2937
former law of this state or former municipal ordinance shall be	2938
considered a conviction.	2939

(B) "Prosecutor" means the county prosecuting attorney, city	2940
director of law, village solicitor, or similar chief legal	2941
officer, who has the authority to prosecute a criminal case in the	2942
court in which the case is filed.	2943

(C) "Bail forfeiture" means the forfeiture of bail by a	2944
defendant who is arrested for the commission of a misdemeanor,	2945
other than a defendant in a traffic case as defined in Traffic	2946
Rule 2, if the forfeiture is pursuant to an agreement with the	2947
court and prosecutor in the case.	2948

(D) "Official records" has the same meaning as in division	2949
(D) of section 2953.51 of the Revised Code.	2950

(E) "Official proceeding" has the same meaning as in section	2951
2921.01 of the Revised Code.	2952

(F) "Community control sanction" has the same meaning as in	2953
section 2929.01 of the Revised Code.	2954

(G) "Post-release control" and "post-release control	2955
sanction" have the same meanings as in section 2967.01 of the	2956
Revised Code.	2957

(H) "DNA database," "DNA record," and "law enforcement	2958
agency" have the same meanings as in section 109.573 of the	2959
Revised Code.	2960

(I) "Fingerprints filed for record" means any fingerprints	2961
obtained by the superintendent of the bureau of criminal	2962
identification and investigation pursuant to sections 109.57 and	2963
109.571 of the Revised Code.	2964

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	2965
of the Revised Code, an eligible offender may apply to the	2966
sentencing court if convicted in this state, or to a court of	2967
common pleas if convicted in another state or in a federal court,	2968
for the sealing of the ~~conviction~~ record of the case that pertains	2969
to the conviction. Application may be made at the expiration of	2970
three years after the offender's final discharge if convicted of a	2971
felony, or at the expiration of one year after the offender's	2972
final discharge if convicted of a misdemeanor.	2973

(2) Any person who has been arrested for any misdemeanor	2974
offense and who has effected a bail forfeiture for the offense	2975
charged may apply to the court in which the misdemeanor criminal	2976
case was pending when bail was forfeited for the sealing of the	2977
record of the case that pertains to the charge. Except as provided	2978
in section 2953.61 of the Revised Code, the application may be	2979
filed at any time after the expiration of one year from the date	2980
on which the bail forfeiture was entered upon the minutes of the	2981
court or the journal, whichever entry occurs first.	2982

(B) Upon the filing of an application under this section, the	2983
court shall set a date for a hearing and shall notify the	2984
prosecutor for the case of the hearing on the application. The	2985
prosecutor may object to the granting of the application by filing	2986
an objection with the court prior to the date set for the hearing.	2987
The prosecutor shall specify in the objection the reasons for	2988
believing a denial of the application is justified. The court	2989
shall direct its regular probation officer, a state probation	2990
officer, or the department of probation of the county in which the	2991
applicant resides to make inquiries and written reports as the	2992
court requires concerning the applicant. If the applicant was	2993
convicted of or pleaded guilty to a violation of division (A)(2)	2994
or (B) of section 2919.21 of the Revised Code, the probation	2995
officer or county department of probation that the court directed	2996
to make inquiries concerning the applicant shall contact the child	2997
support enforcement agency enforcing the applicant's obligations	2998
under the child support order to inquire about the offender's	2999
compliance with the child support order.	3000

(C)(1) The court shall do each of the following:

3001

(a) Determine whether the applicant is an eligible offender	3002
or whether the forfeiture of bail was agreed to by the applicant	3003
and the prosecutor in the case. If the applicant applies as an	3004
eligible offender pursuant to division (A)(1) of this section and	3005
has two or three convictions that result from the same indictment,	3006
information, or complaint, from the same plea of guilty, or from	3007
the same official proceeding, and result from related criminal	3008
acts that were committed within a three-month period but do not	3009
result from the same act or from offenses committed at the same	3010
time, in making its determination under this division, the court	3011
initially shall determine whether it is not in the public interest	3012
for the two or three convictions to be counted as one conviction.	3013
If the court determines that it is not in the public interest for	3014
the two or three convictions to be counted as one conviction, the	3015
court shall determine that the applicant is not an eligible	3016
offender; if the court does not make that determination, the court	3017
shall determine that the offender is an eligible offender.	3018

(b) Determine whether criminal proceedings are pending	3019
against the applicant;	3020

(c) If the applicant is an eligible offender who applies	3021
pursuant to division (A)(1) of this section, determine whether the	3022
applicant has been rehabilitated to the satisfaction of the court;	3023

(d) If the prosecutor has filed an objection in accordance	3024
with division (B) of this section, consider the reasons against	3025
granting the application specified by the prosecutor in the	3026
objection;	3027

(e) Weigh the interests of the applicant in having the	3028
records pertaining to the applicant's conviction or bail	3029
forfeiture sealed against the legitimate needs, if any, of the	3030
government to maintain those records.	3031

(2) If the court determines, after complying with division	3032
(C)(1) of this section, that the applicant is an eligible offender	3033
or the subject of a bail forfeiture, that no criminal proceeding	3034
is pending against the applicant, and that the interests of the	3035
applicant in having the records pertaining to the applicant's	3036
conviction or bail forfeiture sealed are not outweighed by any	3037
legitimate governmental needs to maintain those records, and that	3038
the rehabilitation of an applicant who is an eligible offender	3039
applying pursuant to division (A)(1) of this section has been	3040
attained to the satisfaction of the court, the court, except as	3041
provided in divisions (G) and (H) of this section, shall order all	3042
official records ~~pertaining~~of the case that pertain to the ~~case~~	3043
conviction or bail forfeiture sealed and, except as provided in	3044
division (F) of this section, all index references to the case	3045
that pertain to the conviction or bail forfeiture deleted and, in	3046
the case of bail forfeitures, shall dismiss the charges in the	3047
case. The proceedings in the case that pertain to the conviction	3048
or bail forfeiture shall be considered not to have occurred and	3049
the conviction or bail forfeiture of the person who is the subject	3050
of the proceedings shall be sealed, except that upon conviction of	3051
a subsequent offense, the sealed record of prior conviction or	3052
bail forfeiture may be considered by the court in determining the	3053
sentence or other appropriate disposition, including the relief	3054
provided for in sections 2953.31 to 2953.33 of the Revised Code.	3055

(3) Upon the filing of an application under this section, the	3056
applicant, unless indigent, shall pay a fee of fifty dollars. The	3057
court shall pay thirty dollars of the fee into the state treasury.	3058
It shall pay twenty dollars of the fee into the county general	3059
revenue fund if the sealed conviction or bail forfeiture was	3060
pursuant to a state statute, or into the general revenue fund of	3061
the municipal corporation involved if the sealed conviction or	3062
bail forfeiture was pursuant to a municipal ordinance.	3063

(D) Inspection of the sealed records included in the order	3064
may be made only by the following persons or for the following	3065
purposes:	3066

(1) By a law enforcement officer or prosecutor, or the	3067
assistants of either, to determine whether the nature and	3068
character of the offense with which a person is to be charged	3069
would be affected by virtue of the person's previously having been	3070
convicted of a crime;	3071

(2) By the parole or probation officer of the person who is	3072
the subject of the records, for the exclusive use of the officer	3073
in supervising the person while on parole or under a community	3074
control sanction or a post-release control sanction, and in making	3075
inquiries and written reports as requested by the court or adult	3076
parole authority;	3077

(3) Upon application by the person who is the subject of the	3078
records, by the persons named in the application;	3079

(4) By a law enforcement officer who was involved in the	3080
case, for use in the officer's defense of a civil action arising	3081
out of the officer's involvement in that case;	3082

(5) By a prosecuting attorney or the prosecuting attorney's	3083
assistants, to determine a defendant's eligibility to enter a	3084
pre-trial diversion program established pursuant to section	3085
2935.36 of the Revised Code;	3086

(6) By any law enforcement agency or any authorized employee	3087
of a law enforcement agency or by the department of rehabilitation	3088
and correction as part of a background investigation of a person	3089
who applies for employment with the agency as a law enforcement	3090
officer or with the department as a corrections officer;	3091

(7) By any law enforcement agency or any authorized employee	3092
of a law enforcement agency, for the purposes set forth in, and in	3093
the manner provided in, section 2953.321 of the Revised Code;	3094

(8) By the bureau of criminal identification and	3095
investigation or any authorized employee of the bureau for the	3096
purpose of providing information to a board or person pursuant to	3097
division (F) or (G) of section 109.57 of the Revised Code;	3098

(9) By the bureau of criminal identification and	3099
investigation or any authorized employee of the bureau for the	3100
purpose of performing a criminal history records check on a person	3101
to whom a certificate as prescribed in section 109.77 of the	3102
Revised Code is to be awarded;	3103

(10) By the bureau of criminal identification and	3104
investigation or any authorized employee of the bureau for the	3105
purpose of conducting a criminal records check of an individual	3106
pursuant to division (B) of section 109.572 of the Revised Code	3107
that was requested pursuant to any of the sections identified in	3108
division (B)(1) of that section;	3109

(11) By the bureau of criminal identification and	3110
investigation, an authorized employee of the bureau, a sheriff, or	3111
an authorized employee of a sheriff in connection with a criminal	3112
records check described in section 311.41 of the Revised Code;	3113

(12) By the attorney general or an authorized employee of the	3114
attorney general or a court for purposes of determining a person's	3115
classification pursuant to Chapter 2950. of the Revised Code.	3116

When the nature and character of the offense with which a	3117
person is to be charged would be affected by the information, it	3118
may be used for the purpose of charging the person with an	3119
offense.	3120

(E) In any criminal proceeding, proof of any otherwise	3121
admissible prior conviction may be introduced and proved,	3122
notwithstanding the fact that for any such prior conviction an	3123
order of sealing previously was issued pursuant to sections	3124
2953.31 to 2953.36 of the Revised Code.	3125

(F) The person or governmental agency, office, or department	3126
that maintains sealed records pertaining to convictions or bail	3127
forfeitures that have been sealed pursuant to this section may	3128
maintain a manual or computerized index to the sealed records. The	3129
index shall contain only the name of, and alphanumeric identifiers	3130
that relate to, the persons who are the subject of the sealed	3131
records, the word "sealed," and the name of the person, agency,	3132
office, or department that has custody of the sealed records, and	3133
shall not contain the name of the crime committed. The index shall	3134
be made available by the person who has custody of the sealed	3135
records only for the purposes set forth in divisions (C), (D), and	3136
(E) of this section.	3137

(G) Notwithstanding any provision of this section or section	3138
2953.33 of the Revised Code that requires otherwise, a board of	3139
education of a city, local, exempted village, or joint vocational	3140
school district that maintains records of an individual who has	3141
been permanently excluded under sections 3301.121 and 3313.662 of	3142
the Revised Code is permitted to maintain records regarding a	3143
conviction that was used as the basis for the individual's	3144
permanent exclusion, regardless of a court order to seal the	3145
record. An order issued under this section to seal the record of a	3146
conviction does not revoke the adjudication order of the	3147
superintendent of public instruction to permanently exclude the	3148
individual who is the subject of the sealing order. An order	3149
issued under this section to seal the record of a conviction of an	3150
individual may be presented to a district superintendent as	3151
evidence to support the contention that the superintendent should	3152
recommend that the permanent exclusion of the individual who is	3153
the subject of the sealing order be revoked. Except as otherwise	3154
authorized by this division and sections 3301.121 and 3313.662 of	3155
the Revised Code, any school employee in possession of or having	3156
access to the sealed conviction records of an individual that were	3157
the basis of a permanent exclusion of the individual is subject to	3158
section 2953.35 of the Revised Code.	3159

(H) For purposes of sections 2953.31 to 2953.36 of the	3160
Revised Code, DNA records collected in the DNA database and	3161
fingerprints filed for record by the superintendent of the bureau	3162
of criminal identification and investigation shall not be sealed	3163
unless the superintendent receives a certified copy of a final	3164
court order establishing that the offender's conviction has been	3165
overturned. For purposes of this section, a court order is not	3166
"final" if time remains for an appeal or application for	3167
discretionary review with respect to the order.	3168

Sec. 2953.321. (A) As used in this section, "investigatory	3169
work product" means any records or reports of a law enforcement	3170
officer or agency that are excepted from the definition of	3171
"official records" contained in section 2953.51 of the Revised	3172
Code and that pertain to a ~~case~~conviction or bail forfeiture the	3173
records of which have been ordered sealed pursuant to division	3174
(C)(2) of section 2953.32 of the Revised Code or that pertain to a	3175
conviction or delinquent child adjudication the records of which	3176
have been ordered expunged pursuant to division (E) of section	3177
2151.358, division (D)(2) of section 2953.37, or division (G) of	3178
section 2953.38 of the Revised Code.	3179

(B) Upon the issuance of an order by a court pursuant to	3180
division (C)(2) of section 2953.32 of the Revised Code directing	3181
that all official records of a case pertaining to a ~~case~~	3182
conviction or bail forfeiture be sealed or an order by a court	3183
pursuant to division (E) of section 2151.358, division (D)(2) of	3184
section 2953.37, or division (G) of section 2953.38 of the Revised	3185
Code directing that all official records of a case pertaining to a	3186
~~case~~conviction or delinquent child adjudication be expunged:	3187

(1) Every law enforcement officer who possesses investigatory	3188
work product immediately shall deliver that work product to the	3189
law enforcement officer's employing law enforcement agency.	3190

(2) Except as provided in division (B)(3) of this section,	3191
every law enforcement agency that possesses investigatory work	3192
product shall close that work product to all persons who are not	3193
directly employed by the law enforcement agency and shall treat	3194
that work product, in relation to all persons other than those who	3195
are directly employed by the law enforcement agency, as if it did	3196
not exist and never had existed.	3197

(3) A law enforcement agency that possesses investigatory	3198
work product may permit another law enforcement agency to use that	3199
work product in the investigation of another offense if the facts	3200
incident to the offense being investigated by the other law	3201
enforcement agency and the facts incident to an offense that is	3202
the subject of the case are reasonably similar. The agency that	3203
permits the use of investigatory work product may provide the	3204
other agency with the name of the person who is the subject of the	3205
case if it believes that the name of the person is necessary to	3206
the conduct of the investigation by the other agency.	3207

(C)(1) Except as provided in division (B)(3) of this section,	3208
no law enforcement officer or other person employed by a law	3209
enforcement agency shall knowingly release, disseminate, or	3210
otherwise make the investigatory work product or any information	3211
contained in that work product available to, or discuss any	3212
information contained in it with, any person not employed by the	3213
employing law enforcement agency.	3214

(2) No law enforcement agency, or person employed by a law	3215
enforcement agency, that receives investigatory work product	3216
pursuant to division (B)(3) of this section shall use that work	3217
product for any purpose other than the investigation of the	3218
offense for which it was obtained from the other law enforcement	3219
agency, or disclose the name of the person who is the subject of	3220
the work product except when necessary for the conduct of the	3221
investigation of the offense, or the prosecution of the person for	3222
committing the offense, for which it was obtained from the other	3223
law enforcement agency.	3224

(3) It is not a violation of division (C)(1) or (2) of this	3225
section for the bureau of criminal identification and	3226
investigation or any authorized employee of the bureau	3227
participating in the investigation of criminal activity to	3228
release, disseminate, or otherwise make available to, or discuss	3229
with, a person directly employed by a law enforcement agency DNA	3230
records collected in the DNA database or fingerprints filed for	3231
record by the superintendent of the bureau of criminal	3232
identification and investigation.	3233

(D) Whoever violates division (C)(1) or (2) of this section	3234
is guilty of divulging confidential investigatory work product, a	3235
misdemeanor of the fourth degree.	3236

Sec. 2953.35. (A)(1) As used in divisions (A)(2) and (3) of	3237
this section, "law enforcement or justice system matter" means an	3238
arrest, complaint, indictment, trial, hearing, adjudication,	3239
conviction, or correctional supervision.	3240

(2) Except as authorized by divisions (D), (E), and (F) of	3241
section 2953.32 of the Revised Code or by Chapter 2950. of the	3242
Revised Code and subject to division (A)(3) of this section, any	3243
officer or employee of the state, or a political subdivision of	3244
the state, who releases or otherwise disseminates or makes	3245
available for any purpose involving employment, bonding, or	3246
licensing in connection with any business, trade, or profession to	3247
any person, or to any department, agency, or other instrumentality	3248
of the state, or any political subdivision of the state, any	3249
information or other data concerning any ~~arrest, complaint,~~	3250
~~indictment, trial, hearing, adjudication, conviction, or~~	3251
~~correctional supervision~~law enforcement or justice system matter	3252
the records with respect to which the officer or employee had	3253
knowledge of were sealed by an existing order issued pursuant to	3254
sections 2953.31 to 2953.36 of the Revised Code, were expunged by	3255
an order issued pursuant to division (E) of section 2151.358,	3256
section 2953.37, or section 2953.38 of the Revised Code, or were	3257
expunged by an order issued pursuant to section 2953.42 of the	3258
Revised Code as it existed prior to June 29, 1988, is guilty of	3259
divulging confidential information, a misdemeanor of the fourth	3260
degree.	3261

(3) Division (A)(2) of this section does not apply to an	3262
officer or employee of the state, or a political subdivision of	3263
the state, who releases or otherwise disseminates or makes	3264
available for any purpose specified in that division any	3265
information or other data concerning a law enforcement or justice	3266
system matter the records of which the officer had knowledge were	3267
sealed or expunged by an order of a type described in that	3268
division, if all of the following apply:	3269

(a) The officer or employee released, disseminated, or made	3270
available the information or data from the sealed or expunged	3271
records together with information or data concerning another law	3272
enforcement or justice system matter.	3273

(b) The records of the other law enforcement or justice	3274
matter were not sealed or expunged by any order of a type	3275
described in division (A)(2) of this section.	3276

(c) The law enforcement or justice matter covered by the	3277
information or data from the sealed or expunged records and the	3278
other law enforcement or justice matter covered by the information	3279
or data from the records that were not sealed or expunged resulted	3280
from or were connected to the same act.	3281

(d) The officer or employee made a good faith effort to not	3282
release, disseminate, or make available any information or other	3283
data concerning any law enforcement or justice matter from the	3284
sealed or expunged records, and the officer or employee did not	3285
release, disseminate, or make available the information or other	3286
data from the sealed or expunged records with malicious purpose,	3287
in bad faith, or in a wanton or reckless manner.	3288

(B) Any person who, in violation of section 2953.32 of the	3289
Revised Code, uses, disseminates, or otherwise makes available any	3290
index prepared pursuant to division (F) of section 2953.32 of the	3291
Revised Code is guilty of a misdemeanor of the fourth degree.	3292

(C) It is not a violation of this section for the bureau of	3293
criminal identification and investigation or any authorized	3294
employee of the bureau participating in the investigation of	3295
criminal activity to release, disseminate, or otherwise make	3296
available to, or discuss with, a person directly employed by a law	3297
enforcement agency DNA records collected in the DNA database or	3298
fingerprints filed for record by the superintendent of the bureau	3299
of criminal identification and investigation.	3300

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	3301
Code do not apply to any of the following:	3302

(A) Convictions when the offender is subject to a mandatory	3303
prison term;	3304

(B) Convictions under section 2907.02, 2907.03, 2907.04,	3305
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	3306
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	3307
Code, or a conviction for a violation of a municipal ordinance	3308
that is substantially similar to any section contained in any of	3309
those chapters, except as otherwise provided in section 2953.61 of	3310
the Revised Code;	3311

(C) Convictions of an offense of violence when the offense is	3312
a misdemeanor of the first degree or a felony and when the offense	3313
is not a violation of section 2917.03 of the Revised Code and is	3314
not a violation of section 2903.13, 2917.01, or 2917.31 of the	3315
Revised Code that is a misdemeanor of the first degree;	3316

(D) Convictions on or after October 10, 2007, under section	3317
2907.07 of the Revised Code or a conviction on or after October	3318
10, 2007, for a violation of a municipal ordinance that is	3319
substantially similar to that section;	3320

(E) Convictions on or after October 10, 2007, under section	3321
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311,	3322
2907.32, or 2907.33 of the Revised Code when the victim of the	3323
offense was under eighteen years of age;	3324

(F) Convictions of an offense in circumstances in which the	3325
victim of the offense was under eighteen years of age when the	3326
offense is a misdemeanor of the first degree or a felony, except	3327
for convictions under section 2919.21 of the Revised Code;	3328

(G) Convictions of a felony of the first or second degree;

3329

(H) Bail forfeitures in a traffic case as defined in Traffic	3330
Rule 2.	3331

Sec. 2953.61. ~~When~~(A) Except as provided in division (B) of	3332
this section, when a person is charged with two or more offenses	3333
as a result of or in connection with the same act, when all of the	3334
charges either are dismissed, end in a judgment that the person	3335
was not guilty, or end in the entry of a no bill by a grand jury,	3336
and when at least one of the charges has a final disposition that	3337
is different than the final disposition of the other charges, the	3338
person may not apply to the court for the sealing of ~~his~~the	3339
person's record in any of the cases until such time as hethe	3340
person would be able to apply to the court and have all of the	3341
records in all of the cases pertaining to those charges sealed	3342
pursuant to ~~divisions (A)(1) and (2) of section 2953.32 and~~	3343
divisions (A)(1) and (2) of section 2953.52 of the Revised Code.	3344
This division does not apply with respect to any charge that	3345
results in a conviction or a bail forfeiture or to the sealing of	3346
the record of any conviction or bail forfeiture under division	3347
(A)(1) or (2) of section 2953.32 of the Revised Code.	3348

(B) When a person is charged with two or more offenses as a	3349
result of or in connection with the same act, a record pertaining	3350
to any charge that is otherwise eligible for sealing may be sealed	3351
pursuant to section 2953.32 or 2953.52 of the Revised Code,	3352
notwithstanding the fact that one or more other charges are for	3353
offenses the records of which may not be sealed under section	3354
2953.36 of the Revised Code.	3355

Sec. 4510.111. (A) No person shall operate any motor vehicle	3356
upon a highway or any public or private property used by the	3357
public for purposes of vehicular travel or parking in this state	3358
whose driver's or commercial driver's license has been suspended	3359
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	3360
4510.032, 4510.22, or 4510.33 of the Revised Code.	3361

(B) Upon the request or motion of the prosecuting authority,	3362
a noncertified copy of the law enforcement automated data system	3363
report or a noncertified copy of a record of the registrar of	3364
motor vehicles that shows the name, date of birth, and social	3365
security number of a person charged with a violation of division	3366
(A) of this section may be admitted into evidence as prima-facie	3367
evidence that the license of the person was under suspension at	3368
the time of the alleged violation of division (A) of this section.	3369
The person charged with a violation of division (A) of this	3370
section may offer evidence to rebut this prima-facie evidence.	3371

(C) Whoever violates division (A) of this section is guilty	3372
of driving under suspension, and shall be punished as provided in	3373
division ~~(D)~~(C)(1) or (2) of this section.	3374

(1) Except as otherwise provided in division ~~(D)~~(C)(2) of	3375
this section, the offense is an unclassified misdemeanor. The	3376
offender shall be sentenced pursuant to sections 2929.21 to	3377
2929.28 of the Revised Code, except that the offender shall not be	3378
sentenced to a jail term; the offender shall not be sentenced to a	3379
community residential sanction pursuant to section 2929.26 of the	3380
Revised Code; notwithstanding division (A)(2)(a) of section	3381
2929.28 of the Revised Code, the offender may be fined up to one	3382
thousand dollars; and, notwithstanding division (A)(3) of section	3383
2929.27 of the Revised Code, the offender may be ordered pursuant	3384
to division (C) of that section to serve a term of community	3385
service of up to five hundred hours. The failure of an offender to	3386
complete a term of community service imposed by the court may be	3387
punished as indirect criminal contempt under division (A) of	3388
section 2705.02 of the Revised Code that may be filed in the	3389
underlying case.	3390

(2) If, within three years of the offense, the offender	3391
previously was convicted of or pleaded guilty to two or more	3392
violations of division (A) of this section, or any combination of	3393
two or more violations of division (A) ) of this section or	3394
section 4510.11 or 4510.16 of the Revised Code, or a substantially	3395
equivalent municipal ordinance, the offense is a misdemeanor of	3396
the fourth degree, and the offender shall provide the court with	3397
proof of financial responsibility as defined in section 4509.01 of	3398
the Revised Code. If the offender fails to provide that proof of	3399
financial responsibility, then in addition to any other penalties	3400
provided by law, the court may order restitution pursuant to	3401
section 2929.28 of the Revised Code in an amount not exceeding	3402
five thousand dollars for any economic loss arising from an	3403
accident or collision that was the direct and proximate result of	3404
the offender's operation of the vehicle before, during, or after	3405
committing the offense for which the offender is sentenced under	3406
this section.	3407

Sec. 4510.16. (A) No person, whose driver's or commercial	3408
driver's license or temporary instruction permit or nonresident's	3409
operating privilege has been suspended or canceled pursuant to	3410
Chapter 4509. of the Revised Code, shall operate any motor vehicle	3411
within this state, or knowingly permit any motor vehicle owned by	3412
the person to be operated by another person in the state, during	3413
the period of the suspension or cancellation, except as	3414
specifically authorized by Chapter 4509. of the Revised Code. No	3415
person shall operate a motor vehicle within this state, or	3416
knowingly permit any motor vehicle owned by the person to be	3417
operated by another person in the state, during the period in	3418
which the person is required by section 4509.45 of the Revised	3419
Code to file and maintain proof of financial responsibility for a	3420
violation of section 4509.101 of the Revised Code, unless proof of	3421
financial responsibility is maintained with respect to that	3422
vehicle.	3423

(B) No person shall operate any motor vehicle upon a highway	3424
or any public or private property used by the public for purposes	3425
of vehicular travel or parking in this state if the person's	3426
driver's or commercial driver's license or temporary instruction	3427
permit or nonresident operating privilege has been suspended	3428
pursuant to section 4509.37 or 4509.40 of the Revised Code for	3429
nonpayment of a judgment.	3430

(C) Upon the request or motion of the prosecuting authority,	3431
a noncertified copy of the law enforcement automated data system	3432
report or a noncertified copy of a record of the registrar of	3433
motor vehicles that shows the name, date of birth, and social	3434
security number of a person charged with a violation of division	3435
(A) or (B) of this section may be admitted into evidence as	3436
prima-facie evidence that the license of the person was under	3437
either a financial responsibility law suspension at the time of	3438
the alleged violation of division (A) of this section or a	3439
nonpayment of judgment suspension at the time of the alleged	3440
violation of division (B) of this section. The person charged with	3441
a violation of division (A) or (B) of this section may offer	3442
evidence to rebut this prima-facie evidence.	3443

(D) Whoever violates division (A) of this section is guilty	3444
of driving under financial responsibility law suspension or	3445
cancellation and shall be punished as provided in divisions (D) to	3446
(I) of this section. Whoever violates division (B) of this section	3447
is guilty of driving under a nonpayment of judgment suspension and	3448
shall be punished as provided in divisions (D) to (I) of this	3449
section.	3450

(1) Except as otherwise provided in division (D)(2) of this	3451
section, the offense is an unclassified misdemeanor. When the	3452
offense is an unclassified misdemeanor, the offender shall be	3453
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised	3454
Code, except that the offender shall not be sentenced to a jail	3455
term; the offender shall not be sentenced to a community	3456
residential sanction pursuant to section 2929.26 of the Revised	3457
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	3458
Revised Code, the offender may be fined up to one thousand	3459
dollars; and, notwithstanding division (A)(3) of section 2929.27	3460
of the Revised Code, the offender may be ordered pursuant to	3461
division (C) of that section to serve a term of community service	3462
of up to five hundred hours. The failure of an offender to	3463
complete a term of community service imposed by the court may be	3464
punished as indirect criminal contempt under division (A) of	3465
section 2705.02 of the Revised Code that may be filed in the	3466
underlying case.	3467

(2) If, within three years of the offense, the offender	3468
previously was convicted of or pleaded guilty to two or more	3469
violations of this section, or any combination of two violations	3470
of this section or section 4510.11 or 4510.111 of the Revised	3471
Code, or a substantially equivalent municipal ordinance, the	3472
offense is a misdemeanor of the fourth degree.	3473

(3) The offender shall provide the court with proof of	3474
financial responsibility as defined in section 4509.01 of the	3475
Revised Code. If the offender fails to provide that proof of	3476
financial responsibility, then in addition to any other penalties	3477
provided by law, the court may order restitution pursuant to	3478
section 2929.28 of the Revised Code in an amount not exceeding	3479
five thousand dollars for any economic loss arising from an	3480
accident or collision that was the direct and proximate result of	3481
the offender's operation of the vehicle before, during, or after	3482
committing the offense for which the offender is sentenced under	3483
this section.	3484

Sec. 5120.651. An inmate is eligible to participate in the	3485
prison nursery program if she is pregnant at the time she is	3486
delivered into the custody of the department of rehabilitation and	3487
correction, she gives birth on or after the date the program is	3488
implemented, she is subject to a sentence of imprisonment of not	3489
more than ~~eighteen months~~three years, and she and the child meet	3490
any other criteria established by the department.	3491

Sec. 5139.01. (A) As used in this chapter:

3492

(1) "Commitment" means the transfer of the physical custody	3493
of a child or youth from the court to the department of youth	3494
services.	3495

(2) "Permanent commitment" means a commitment that vests	3496
legal custody of a child in the department of youth services.	3497

(3) "Legal custody," insofar as it pertains to the status	3498
that is created when a child is permanently committed to the	3499
department of youth services, means a legal status in which the	3500
department has the following rights and responsibilities: the	3501
right to have physical possession of the child; the right and duty	3502
to train, protect, and control the child; the responsibility to	3503
provide the child with food, clothing, shelter, education, and	3504
medical care; and the right to determine where and with whom the	3505
child shall live, subject to the minimum periods of, or periods	3506
of, institutional care prescribed in sections 2152.13 to 2152.18	3507
of the Revised Code; provided, that these rights and	3508
responsibilities are exercised subject to the powers, rights,	3509
duties, and responsibilities of the guardian of the person of the	3510
child, and subject to any residual parental rights and	3511
responsibilities.	3512

(4) Unless the context requires a different meaning,	3513
"institution" means a state facility that is created by the	3514
general assembly and that is under the management and control of	3515
the department of youth services or a private entity with which	3516
the department has contracted for the institutional care and	3517
custody of felony delinquents.	3518

(5) "Full-time care" means care for twenty-four hours a day	3519
for over a period of at least two consecutive weeks.	3520

(6) "Placement" means the conditional release of a child	3521
under the terms and conditions that are specified by the	3522
department of youth services. The department shall retain legal	3523
custody of a child released pursuant to division (C) of section	3524
2152.22 of the Revised Code or division (C) of section 5139.06 of	3525
the Revised Code until the time that it discharges the child or	3526
until the legal custody is terminated as otherwise provided by	3527
law.	3528

(7) "Home placement" means the placement of a child in the	3529
home of the child's parent or parents or in the home of the	3530
guardian of the child's person.	3531

(8) "Discharge" means that the department of youth services'	3532
legal custody of a child is terminated.	3533

(9) "Release" means the termination of a child's stay in an	3534
institution and the subsequent period during which the child	3535
returns to the community under the terms and conditions of	3536
supervised release.	3537

(10) "Delinquent child" has the same meaning as in section	3538
2152.02 of the Revised Code.	3539

(11) "Felony delinquent" means any child who is at least ten	3540
years of age but less than eighteen years of age and who is	3541
adjudicated a delinquent child for having committed an act that if	3542
committed by an adult would be a felony. "Felony delinquent"	3543
includes any adult who is between the ages of eighteen and	3544
twenty-one and who is in the legal custody of the department of	3545
youth services for having committed an act that if committed by an	3546
adult would be a felony.	3547

(12) "Juvenile traffic offender" has the same meaning as in	3548
section 2152.02 of the Revised Code.	3549

(13) "Public safety beds" means all of the following:

3550

(a) Felony delinquents who have been committed to the	3551
department of youth services for the commission of an act, other	3552
than a violation of section 2911.01 or 2911.11 of the Revised	3553
Code, that is a category one offense or a category two offense and	3554
who are in the care and custody of an institution or have been	3555
diverted from care and custody in an institution and placed in a	3556
community corrections facility;	3557

(b) Felony delinquents who, while committed to the department	3558
of youth services and in the care and custody of an institution or	3559
a community corrections facility, are adjudicated delinquent	3560
children for having committed in that institution or community	3561
corrections facility an act that if committed by an adult would be	3562
a misdemeanor or a felony;	3563

3564

(i) They are at least ten years of age but less than eighteen	3565
years of age.	3566

(ii) They are adjudicated delinquent children for having	3567
committed acts that if committed by an adult would be a felony.	3568

(iii) They are committed to the department of youth services	3569
by the juvenile court of a county that has had one-tenth of one	3570
per cent or less of the statewide adjudications for felony	3571
delinquents as averaged for the past four fiscal years.	3572

(iv) They are in the care and custody of an institution or a	3573
community corrections facility.	3574

(d) Felony delinquents who, while committed to the department	3575
of youth services and in the care and custody of an institution	3576
are serving disciplinary time for having committed an act	3577
described in division (A)(18)(a), (b), or (c) of this section, and	3578
who have been institutionalized or institutionalized in a secure	3579
facility for the minimum period of time specified in divisions	3580
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.	3581

(e) Felony delinquents who are subject to and serving a	3582
three-year period of commitment order imposed by a juvenile court	3583
pursuant to divisions (A) and (B) of section 2152.17 of the	3584
Revised Code for an act, other than a violation of section 2911.11	3585
of the Revised Code, that would be a category one offense or	3586
category two offense if committed by an adult.	3587

(f) Felony delinquents who are described in divisions	3588
(A)(13)(a) to (e) of this section, who have been granted a	3589
judicial release to court supervision under division (B) or (D) of	3590
section 2152.22 of the Revised Code or a judicial release to the	3591
department of youth services supervision under division (C) or (D)	3592
of that section from the commitment to the department of youth	3593
services for the act described in divisions (A)(13)(a) to (e) of	3594
this section, who have violated the terms and conditions of that	3595
release, and who, pursuant to an order of the court of the county	3596
in which the particular felony delinquent was placed on release	3597
that is issued pursuant to division (E) of section 2152.22 of the	3598
Revised Code, have been returned to the department for	3599
institutionalization or institutionalization in a secure facility.	3600

(g) Felony delinquents who have been committed to the custody	3601
of the department of youth services, who have been granted	3602
supervised release from the commitment pursuant to section 5139.51	3603
of the Revised Code, who have violated the terms and conditions of	3604
that supervised release, and who, pursuant to an order of the	3605
court of the county in which the particular child was placed on	3606
supervised release issued pursuant to division (F) of section	3607
5139.52 of the Revised Code, have had the supervised release	3608
revoked and have been returned to the department for	3609
institutionalization. A felony delinquent described in this	3610
division shall be a public safety bed only for the time during	3611
which the felony delinquent is institutionalized as a result of	3612
the revocation subsequent to the ~~initial~~minimum thirty-day period	3613
of institutionalization required by division (F) of section	3614
5139.52 of the Revised Code.	3615

(14) Unless the context requires a different meaning,	3616
"community corrections facility" means a county or multicounty	3617
rehabilitation center for felony delinquents who have been	3618
committed to the department of youth services and diverted from	3619
care and custody in an institution and placed in the	3620
rehabilitation center pursuant to division (E) of section 5139.36	3621
of the Revised Code.	3622

(15) "Secure facility" means any facility that is designed	3623
and operated to ensure that all of its entrances and exits are	3624
under the exclusive control of its staff and to ensure that,	3625
because of that exclusive control, no child who has been	3626
institutionalized in the facility may leave the facility without	3627
permission or supervision.	3628

(16) "Community residential program" means a program that	3629
satisfies both of the following:	3630

(a) It is housed in a building or other structure that has no	3631
associated major restraining construction, including, but not	3632
limited to, a security fence.	3633

(b) It provides twenty-four-hour care, supervision, and	3634
programs for felony delinquents who are in residence.	3635

(17) "Category one offense" and "category two offense" have	3636
the same meanings as in section 2151.26 of the Revised Code.	3637

(18) "Disciplinary time" means additional time that the	3638
department of youth services requires a felony delinquent to serve	3639
in an institution, that delays the felony delinquent's planned	3640
release, and that the department imposes upon the felony	3641
delinquent following the conduct of an internal due process	3642
hearing for having committed any of the following acts while	3643
committed to the department and in the care and custody of an	3644
institution:	3645

(a) An act that if committed by an adult would be a felony;

3646

(b) An act that if committed by an adult would be a	3647
misdemeanor;	3648

(c) An act that is not described in division (A)(18)(a) or	3649
(b) of this section and that violates an institutional rule of	3650
conduct of the department.	3651

(19) "Unruly child" has the same meaning as in section	3652
2151.022 of the Revised Code.	3653

(20) "Revocation" means the act of revoking a child's	3654
supervised release for a violation of a term or condition of the	3655
child's supervised release in accordance with section 5139.52 of	3656
the Revised Code.	3657

(21) "Release authority" means the release authority of the	3658
department of youth services that is established by section	3659
5139.50 of the Revised Code.	3660

(22) "Supervised release" means the event of the release of a	3661
child under this chapter from an institution and the period after	3662
that release during which the child is supervised and assisted by	3663
an employee of the department of youth services under specific	3664
terms and conditions for reintegration of the child into the	3665
community.	3666

(23) "Victim" means the person identified in a police report,	3667
complaint, or information as the victim of an act that would have	3668
been a criminal offense if committed by an adult and that provided	3669
the basis for adjudication proceedings resulting in a child's	3670
commitment to the legal custody of the department of youth	3671
services.	3672

(24) "Victim's representative" means a member of the victim's	3673
family or another person whom the victim or another authorized	3674
person designates in writing, pursuant to section 5139.56 of the	3675
Revised Code, to represent the victim with respect to proceedings	3676
of the release authority of the department of youth services and	3677
with respect to other matters specified in that section.	3678

(25) "Member of the victim's family" means a spouse, child,	3679
stepchild, sibling, parent, stepparent, grandparent, other	3680
relative, or legal guardian of a child but does not include a	3681
person charged with, convicted of, or adjudicated a delinquent	3682
child for committing a criminal or delinquent act against the	3683
victim or another criminal or delinquent act arising out of the	3684
same conduct, criminal or delinquent episode, or plan as the	3685
criminal or delinquent act committed against the victim.	3686

(26) "Judicial release to court supervision" means a release	3687
of a child from institutional care or institutional care in a	3688
secure facility that is granted by a court pursuant to division	3689
(B) of section 2152.22 of the Revised Code during the period	3690
specified in that division or that is granted by a court to court	3691
supervision pursuant to division (D) of that section during the	3692
period specified in that division.	3693

(27) "Judicial release to department of youth services	3694
supervision" means a release of a child from institutional care or	3695
institutional care in a secure facility that is granted by a court	3696
pursuant to division (C) of section 2152.22 of the Revised Code	3697
during the period specified in that division or that is granted to	3698
department supervision by a court pursuant to division (D) of that	3699
section during the period specified in that division.	3700

(28) "Juvenile justice system" includes all of the functions	3701
of the juvenile courts, the department of youth services, any	3702
public or private agency whose purposes include the prevention of	3703
delinquency or the diversion, adjudication, detention, or	3704
rehabilitation of delinquent children, and any of the functions of	3705
the criminal justice system that are applicable to children.	3706

(29) "Metropolitan county criminal justice services agency"	3707
means an agency that is established pursuant to division (A) of	3708
section 5502.64 of the Revised Code.	3709

(30) "Administrative planning district" means a district that	3710
is established pursuant to division (A) or (B) of section 5502.66	3711
of the Revised Code.	3712

(31) "Criminal justice coordinating council" means a criminal	3713
justice services agency that is established pursuant to division	3714
(D) of section 5502.66 of the Revised Code.	3715

(32) "Comprehensive plan" means a document that coordinates,	3716
evaluates, and otherwise assists, on an annual or multi-year	3717
basis, all of the functions of the juvenile justice systems of the	3718
state or a specified area of the state, that conforms to the	3719
priorities of the state with respect to juvenile justice systems,	3720
and that conforms with the requirements of all federal criminal	3721
justice acts. These functions include, but are not limited to, all	3722
of the following:	3723

(a) Delinquency;

3724

(b) Identification, detection, apprehension, and detention of	3725
persons charged with delinquent acts;	3726

(c) Assistance to crime victims or witnesses, except that the	3727
comprehensive plan does not include the functions of the attorney	3728
general pursuant to sections 109.91 and 109.92 of the Revised	3729
Code;	3730

(d) Adjudication or diversion of persons charged with	3731
delinquent acts;	3732

(e) Custodial treatment of delinquent children;

3733

(f) Institutional and noninstitutional rehabilitation of	3734
delinquent children.	3735

(B) There is hereby created the department of youth services.	3736
The governor shall appoint the director of the department with the	3737
advice and consent of the senate. The director shall hold office	3738
during the term of the appointing governor but subject to removal	3739
at the pleasure of the governor. Except as otherwise authorized in	3740
section 108.05 of the Revised Code, the director shall devote the	3741
director's entire time to the duties of the director's office and	3742
shall hold no other office or position of trust or profit during	3743
the director's term of office.	3744

The director is the chief executive and administrative	3745
officer of the department and has all the powers of a department	3746
head set forth in Chapter 121. of the Revised Code. The director	3747
may adopt rules for the government of the department, the conduct	3748
of its officers and employees, the performance of its business,	3749
and the custody, use, and preservation of the department's	3750
records, papers, books, documents, and property. The director	3751
shall be an appointing authority within the meaning of Chapter	3752
124. of the Revised Code. Whenever this or any other chapter or	3753
section of the Revised Code imposes a duty on or requires an	3754
action of the department, the duty or action shall be performed by	3755
the director or, upon the director's order, in the name of the	3756
department.	3757

Sec. 5139.52. (A) At any time during a child's supervised	3758
release or during the period of a child's judicial release to	3759
department of youth services supervision, if the regional	3760
administrator or the employee of the department assigned to	3761
supervise and assist the child has reasonable grounds to believe	3762
that the child has violated a term or condition of the supervised	3763
release or judicial release, the administrator or employee may	3764
request a court to issue a summons that requires the child to	3765
appear for a hearing to answer charges of the alleged violation.	3766
The summons shall contain a brief statement of the alleged	3767
violation, including the date and place of the violation, and	3768
shall require the child to appear for a hearing before the court	3769
at a specific date, time, and place.	3770

(B)(1) At any time while a child is on supervised release or	3771
during the period of a child's judicial release to department of	3772
youth services supervision, a regional administrator or a designee	3773
of a regional administrator, upon application of the employee of	3774
the department assigned to supervise and assist the child as	3775
described in this division, may issue, or cause to be issued, an	3776
order of apprehension for the arrest of the child for the alleged	3777
violation of a term or condition of the child's supervised release	3778
or judicial release. An application requesting an order of	3779
apprehension shall set forth that, in the good faith judgment of	3780
the employee of the department assigned to supervise and assist	3781
the child making the application, there is reasonable cause to	3782
believe that the child who is on supervised release or judicial	3783
release to department of youth services supervision has violated	3784
or is violating a term or condition of the child's supervised	3785
release or judicial release, shall state the basis for that	3786
belief, and shall request that the child be taken to an	3787
appropriate place of secure detention pending a probable cause	3788
determination. As an alternative to an order of apprehension for	3789
the child, a regional administrator or the employee of the	3790
department assigned to supervise and assist the child may request	3791
a court to issue a warrant for the arrest of the child.	3792

Subject to the provision of prior notice required by division	3793
(D)(1) of this section, if a regional administrator or a designee	3794
of a regional administrator issues, in writing, an order of	3795
apprehension for the arrest of a child, a staff member of the	3796
department of youth services who has been designated pursuant to	3797
division (A)(1) of section 5139.53 of the Revised Code as being	3798
authorized to arrest and who has received the training described	3799
in division (B)(1) of that section, or a peace officer, as defined	3800
in section 2935.01 of the Revised Code, may arrest the child,	3801
without a warrant, and place the child in secure detention in	3802
accordance with this section.	3803

If a child is on supervised release or judicial release to	3804
department of youth services supervision, any peace officer, as	3805
defined in section 2935.01 of the Revised Code, may arrest the	3806
child without a warrant or order of apprehension if the peace	3807
officer has reasonable grounds to believe that the child has	3808
violated or is violating any of the following that has been	3809
prescribed by the release authority or department of youth	3810
services relative to the child:	3811

(a) A condition that prohibits the child's ownership,	3812
possession, or use of a firearm, deadly weapon, ammunition, or	3813
dangerous ordnance, all as defined in section 2923.11 of the	3814
Revised Code;	3815

(b) A condition that prohibits the child from being within a	3816
specified structure or geographic area;	3817

(c) A condition that confines the child to a residence,	3818
facility, or other structure;	3819

(d) A condition that prohibits the child from contacting or	3820
communicating with any specified individual;	3821

(e) A condition that prohibits the child from associating	3822
with a specified individual;	3823

(f) Any other rule, term, or condition governing the conduct	3824
of the child that has been prescribed by the release authority.	3825

(2) Subject to the provision of prior notice required by	3826
division (D)(1) of this section, a staff member of the department	3827
of youth services who is designated by the director pursuant to	3828
division (A)(1) of section 5139.53 of the Revised Code and who has	3829
received the training described in division (B)(1) of that	3830
section, a peace officer, as defined in section 2935.01 of the	3831
Revised Code, or any other officer with the power to arrest may	3832
execute a warrant or order of apprehension issued under division	3833
(B)(1) of this section and take the child into secure custody.	3834

(C) A staff member of the department of youth services who is	3835
designated by the director of youth services pursuant to division	3836
(A)(1) of section 5139.53 of the Revised Code and who has received	3837
the training described in division (B)(1) of that section, a peace	3838
officer, as defined in section 2935.01 of the Revised Code, or any	3839
other officer with the power to arrest may arrest without a	3840
warrant or order of apprehension and take into secure custody a	3841
child in the legal custody of the department, if the staff member,	3842
peace officer, or other officer has reasonable cause to believe	3843
that the child who is on supervised release or judicial release to	3844
department of youth services supervision has violated or is	3845
violating a term or condition of the supervised release or	3846
judicial release in any of the following manners:	3847

(1) The child committed or is committing an offense or	3848
delinquent act in the presence of the staff member, peace officer,	3849
or other officer.	3850

(2) There is probable cause to believe that the child	3851
violated a term or condition of supervised release or judicial	3852
release and that the child is leaving or is about to leave the	3853
state.	3854

(3) The child failed to appear before the release authority	3855
pursuant to a summons for a modification or failed to appear for a	3856
scheduled court hearing.	3857

(4) The arrest of the child is necessary to prevent physical	3858
harm to another person or to the child.	3859

(D)(1) Except as otherwise provided in this division, prior	3860
to arresting a child under this section, either in relation to an	3861
order of apprehension or a warrant for arrest or in any other	3862
manner authorized by this section, a staff member or employee of	3863
the department of youth services shall provide notice of the	3864
anticipated arrest to each county, municipal, or township law	3865
enforcement agency with jurisdiction over the place at which the	3866
staff member or employee anticipates making the arrest. A staff	3867
member or employee is not required to provide the notice described	3868
in this division prior to making an arrest in any emergency	3869
situation or circumstance described under division (C) of this	3870
section.	3871

(2) If a child is arrested under this section and if it is	3872
known that the child is on supervised release or judicial release	3873
to department of youth services supervision, a juvenile court,	3874
local juvenile detention facility, or jail shall notify the	3875
appropriate department of youth services regional office that the	3876
child has been arrested and shall provide to the regional office	3877
or to an employee of the department of youth services a copy of	3878
the arrest information pertaining to the arrest.	3879

(3) Nothing in this section limits the power to make an	3880
arrest that is granted to specified peace officers under section	3881
2935.03 of the Revised Code, to any person under section 2935.04	3882
of the Revised Code, or to any other specified category of persons	3883
by any other provision of the Revised Code, or the power to take a	3884
child into custody that is granted pursuant to section 2151.31 of	3885
the Revised Code.	3886

(E) If a child who is on supervised release or who is under a	3887
period of judicial release to department of youth services	3888
supervision is arrested under an order of apprehension, under a	3889
warrant, or without a warrant as described in division (B)(1),	3890
(B)(2), or (C) of this section and taken into secure custody, all	3891
of the following apply:	3892

(1) If no motion to revoke the child's supervised release or	3893
judicial release has been filed within seventy-two hours after the	3894
child is taken into secure custody, the juvenile court, in making	3895
its determinations at a detention hearing as to whether to hold	3896
the child in secure custody up to seventy-two hours so that a	3897
motion to revoke the child's supervised release or judicial	3898
release may be filed, may consider, in addition to all other	3899
evidence and information considered, the circumstances of the	3900
child's arrest and, if the arrest was pursuant to an order of	3901
apprehension, the order and the application for the order.	3902

(2) If no motion to revoke the child's supervised release or	3903
judicial release has been filed within seventy-two hours after the	3904
child is taken into secure custody and if the child has not	3905
otherwise been released prior to the expiration of that	3906
seventy-two-hour period, the child shall be released upon the	3907
expiration of that seventy-two-hour period.	3908

(3) If the person is eighteen, nineteen, or twenty years of	3909
age, the person may be confined in secure detention in the jail of	3910
the county in which the person is taken into custody. If the	3911
person is under eighteen years of age, the person may be confined	3912
in secure detention in the nearest juvenile detention facility.	3913

(4) If a motion to revoke the child's supervised release or	3914
judicial release is filed after the child has been taken into	3915
secure custody and the court decides at the detention hearing to	3916
release the child from secure custody, the court may release the	3917
child on the same terms and conditions that are currently in	3918
effect regarding the child's supervised release or judicial	3919
release, pending revocation or subsequent modification.	3920

(F) If a child who is on supervised release is arrested under	3921
an order of apprehension, under a warrant, or without a warrant as	3922
described in division (B)(1), (B)(2), or (C) of this section and	3923
taken into secure custody, and if a motion to revoke the child's	3924
supervised release is filed, the juvenile court of the county in	3925
which the child is placed promptly shall schedule a time for a	3926
hearing on whether the child violated any of the terms and	3927
conditions of the supervised release. If a child is released on	3928
supervised release and the juvenile court of the county in which	3929
the child is placed otherwise has reason to believe that the child	3930
has not complied with the terms and conditions of the supervised	3931
release, the court of the county in which the child is placed, in	3932
its discretion, may schedule a time for a hearing on whether the	3933
child violated any of the terms and conditions of the supervised	3934
release. If the court of the county in which the child is placed	3935
on supervised release conducts a hearing and determines at the	3936
hearing that the child did not violate any term or condition of	3937
the child's supervised release, the child shall be released from	3938
custody, if the child is in custody at that time, and shall	3939
continue on supervised release under the terms and conditions that	3940
were in effect at the time of the child's arrest, subject to	3941
subsequent revocation or modification. If the court of the county	3942
in which the child is placed on supervised release conducts a	3943
hearing and determines at the hearing that the child violated one	3944
or more of the terms and conditions of the child's supervised	3945
release, the court, if it determines that the violation was a	3946
serious violation, may revoke the child's supervised release and	3947
order the child to be returned to the department of youth services	3948
for institutionalization or, in any case, may make any other	3949
disposition of the child authorized by law that the court	3950
considers proper. If the court orders the child to be returned to	3951
a department of youth services institution, the court shall	3952
determine the length of the institutionalization, subject to the	3953
release authority of the department of youth services, which shall	3954
be for at least thirty days and shall not exceed the child's	3955
attainment of twenty-one years of age. Upon the child's return to	3956
an institution, the child shall remain institutionalized for a	3957
minimum period of thirty days~~, the~~and a maximum period not to	3958
exceed the child's attainment of twenty-one years of age. The	3959
department shall not reduce the minimum thirty-day period of	3960
institutionalization for any time that the child was held in	3961
secure custody subsequent to the child's arrest and pending the	3962
revocation hearing and the child's return to the department~~, the~~	3963
~~release authority, in its discretion, may require the child to~~	3964
~~remain in institutionalization for longer than the minimum~~	3965
~~thirty-day period, and the~~. The child ~~is not~~shall be eligible for	3966
judicial release or early release during ~~the minimum thirty-day~~	3967
~~period of institutionalization or~~ any period of	3968
institutionalization in excess of the minimum thirty-day period.	3969

This division does not apply regarding a child who is under a	3970
period of judicial release to department of youth services	3971
supervision. Division (E) of section 2152.22 of the Revised Code	3972
applies in relation to a child who is under a period of judicial	3973
release to department of youth services supervision.	3974

Section 2. That existing sections 109.57, 109.572, 109.578,	3975
122.681, 307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27,	3976
2907.28, 2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321,	3977
2953.35, 2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01,	3978
and 5139.52 of the Revised Code are hereby repealed.	3979

Section 3. Sections 307.932 and 2929.26 of the Revised Code	3980
are presented in this act as composites of the sections as amended	3981
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th	3982
General Assembly. The General Assembly, applying the principle	3983
stated in division (B) of section 1.52 of the Revised Code that	3984
amendments are to be harmonized if reasonably capable of	3985
simultaneous operation, finds that the composites are the	3986
resulting versions of the sections in effect prior to the	3987
effective date of the sections as presented in this act.	3988

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Bill Text: OH SB143 | 2013-2014 | 130th General Assembly | Engrossed

Ohio Senate Bill 143 (Prior Session Legislation)

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