Revise sentences of imprisonment for felony offenses

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 794

2025-2026

Representative Williams

To
amend sections 2929.01, 2929.14, 2929.144, 2929.19, 2953.08,
2967.193
,
and 2967.194

of the Revised Code
to
require every sentence of imprisonment for a felony offense be for an
indefinite period consisting of a minimum and maximum term and to
change the maximum term that applies to those offenses.

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

Section
1.
That
sections 2929.01, 2929.14, 2929.144, 2929.19, 2953.08, 2967.193
,
and 2967.194

of the Revised Code be amended to read as follows:

Sec.
2929.01.
As
used in this chapter:

(A)(1)
"Alternative residential facility" means, subject to
divisions (A)(2) and (3) of this section, any facility other than an
offender's home or residence in which an offender is assigned to live
and that satisfies all of the following criteria:

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

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

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

(3)
"Alternative residential facility" includes a community
alternative sentencing center or district community alternative
sentencing center when authorized by section 307.932 of the Revised
Code and when the center is being used for an OVI term of
confinement, as defined by that section.

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

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

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

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

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

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

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

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

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

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

(L)
"Economic loss" means any economic detriment suffered by a
victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense, and the cost of any accounting or auditing
done to determine the extent of loss if the cost is incurred and
payable by the victim. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)
Subject to division (X)(2) of this section, the term in prison that
must be imposed for the offenses or circumstances set forth in
divisions (F)(1) to (8) or (F)(12) to (21) of section 2929.13 and
division (B) of section 2929.14 of the Revised Code. Except as
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11
of the Revised Code, unless the maximum or another specific term is
required under section 2929.14 or 2929.142 of the Revised Code, a
mandatory prison term described in this division may be any prison
term authorized for the level of offense except that if the offense
is a felony of the first or second degree committed on or after March
22, 2019, a mandatory prison term described in this division may be
one of the terms prescribed in division (A)(1)(a) or (2)(a) of
section 2929.14 of the Revised Code, whichever is applicable, that is
authorized as the minimum term for the offense.

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

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

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

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

(AA)
"Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the control
of the department of rehabilitation and correction and includes a
violation sanction center operated under authority of section
2967.141 of the Revised Code.

(BB)(1)
"Prison term" includes either of the following sanctions
for an offender:

(a)
A stated prison term;

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

(2)
With respect to a non-life felony indefinite prison term, references
in any provision of law to a reduction of, or deduction from, the
prison term mean a reduction in, or deduction from, the minimum term
imposed as part of the indefinite term.

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

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

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

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

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

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

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

(FF)(1)
"Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory prison
terms imposed by the sentencing court pursuant to section 2929.14,
2929.142, or 2971.03 of the Revised Code or under section 2919.25 of
the Revised Code. "Stated prison term" includes any credit
received by the offender for time spent in jail awaiting trial,
sentencing, or transfer to prison for the offense and any time spent
under house arrest or house arrest with electronic monitoring imposed
after earning credits pursuant to section 2967.193 or 2967.194 of the
Revised Code. If an offender is serving a prison term as a risk
reduction sentence under sections 2929.143 and 5120.036 of the
Revised Code, "stated prison term" includes any period of
time by which the prison term imposed upon the offender is shortened
by the offender's successful completion of all assessment and
treatment or programming pursuant to those sections.

(2)
As used in the definition of "stated prison term" set forth
in division (FF)(1) of this section, a prison term is a definite
prison term imposed under section 2929.14 of the Revised Code or any
other provision of law, is the minimum and maximum prison terms under
a non-life felony indefinite prison term, or is a term of life
imprisonment except to the extent that the use of that definition in
a section of the Revised Code clearly is not intended to include a
term of life imprisonment. With respect to an offender sentenced to a
non-life felony indefinite prison term, references in section
2967.191, 2967.193, or 2967.194 of the Revised Code or any other
provision of law to a reduction of, or deduction from, the offender's
stated prison term or to release of the offender before the
expiration of the offender's stated prison term mean a reduction in,
or deduction from, the minimum term imposed as part of the indefinite
term or a release of the offender before the expiration of that
minimum term, references in section 2929.19 or 2967.28 of the Revised
Code to a stated prison term with respect to a prison term imposed
for a violation of a post-release control sanction mean the minimum
term so imposed, and references in any provision of law to an
offender's service of the offender's stated prison term or the
expiration of the offender's stated prison term mean service or
expiration of the minimum term so imposed plus any additional period
of incarceration under the sentence that is required under section
2967.271 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(YY)
A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex offense
and also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment, count in
the indictment, or information charging that violent sex offense or
if the person is convicted of or pleads guilty to a designated
homicide, assault, or kidnapping offense and also is convicted of or
pleads guilty to both a sexual motivation specification and a
sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that
designated homicide, assault, or kidnapping offense.

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

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

(1)
Its object is one or both of the following:

(a)
To subject a victim or victims to involuntary servitude, as defined
in section 2905.31 of the Revised Code or to compel a victim or
victims to engage in sexual activity for hire, to engage in a
performance that is obscene, sexually oriented, or nudity oriented,
or to be a model or participant in the production of material that is
obscene, sexually oriented, or nudity oriented;

(b)
To facilitate, encourage, or recruit a victim who is a minor or is a
person with a developmental disability, or victims who are minors or
are persons with developmental disabilities, for any purpose listed
in divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code.

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

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

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

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

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

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

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

(EEE)
"Accelerant" means a fuel or oxidizing agent, such as an
ignitable liquid, used to initiate a fire or increase the rate of
growth or spread of a fire.

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

(GGG)
"Non-life felony indefinite prison term" means a prison
term imposed under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 and section 2929.144 of the Revised Code

for a felony of the first or second degree committed on or after
March 22, 2019
.

Sec.
2929.14.
(A)
Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4),
(B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11), (E), (G),
(H), (J), or (K) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense for
which a sentence of death or life imprisonment is to be imposed, if
the court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant to this
chapter, the court shall impose a prison term that shall be one of
the following:

(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.

(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.

(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, 2919.25, or 3795.04 of the Revised Code, that is a
violation of division (A) of section 4511.19 of the Revised Code if
the offender previously has been convicted of or pleaded guilty to a
violation of division (A) of that section that was a felony, that is
a violation of section 2911.02 or 2911.12 of the Revised Code if the
offender previously has been convicted of or pleaded guilty in two or
more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or that is
a violation of division (B) of section 2921.331 of the Revised Code
if division (C)(5) of that section applies, the prison term shall be

a
definite
an
indefinite prison
term

with
a stated minimum term selected by the court
of
twelve, eighteen, twenty-four, thirty, thirty-six, forty-two,
forty-eight, fifty-four, or sixty months

and a maximum term that is determined pursuant to section 2929.144 of
the Revised Code, except that if the section of the Revised Code that
criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section controls in determining the minimum term or
otherwise sentencing the offender, but the minimum term or sentence
imposed under that specific language shall be considered for purposes
of the Revised Code as if it had been imposed under this division
.

(b)
For a felony of the third degree that is not an offense for which
division (A)(3)(a) of this section applies, the prison term shall be

a
definite
an
indefinite prison
term

with
a stated minimum term selected by the court
of
nine, twelve, eighteen, twenty-four, thirty, or thirty-six months

and a maximum term that is determined pursuant to section 2929.144 of
the Revised Code, except that if the section of the Revised Code that
criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section controls in determining the minimum term or
otherwise sentencing the offender, but the minimum term or sentence
imposed under that specific language shall be considered for purposes
of the Revised Code as if it had been imposed under this division
.

(4)
For a felony of the fourth degree, the prison term shall be
a
definite
an
indefinite prison
term

with
a stated minimum term selected by the court
of
six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen,
fifteen, sixteen, seventeen, or eighteen months

and a maximum term that is determined pursuant to section 2929.144 of
the Revised Code, except that if the section of the Revised Code that
criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section controls in determining the minimum term or
otherwise sentencing the offender, but the minimum term or sentence
imposed under that specific language shall be considered for purposes
of the Revised Code as if it had been imposed under this division
.

(5)
For a felony of the fifth degree, the prison term shall be
a
definite
an
indefinite prison
term

with
a stated minimum term selected by the court
of
six, seven, eight, nine, ten, eleven, or twelve months

and a maximum term that is determined pursuant to section 2929.144 of
the Revised Code, except that if the section of the Revised Code that
criminalizes the conduct constituting the felony specifies a
different minimum term or penalty for the offense, the specific
language of that section controls in determining the minimum term or
otherwise sentencing the offender, but the minimum term or sentence
imposed under that specific language shall be considered for purposes
of the Revised Code as if it had been imposed under this division
.

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

(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;

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

(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;

(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(v)
A prison term of fifty-four months if the specification is of the
type described in division (D) of section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using the
firearm to facilitate the offense and that the offender previously
has been convicted of or pleaded guilty to a specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.

(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.

(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.

(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.

(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.

(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:

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

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

(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.

(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code.

(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.

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

(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:

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

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

(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.

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

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

(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:

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

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

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

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

(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.

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

(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.

(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.

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

(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.

(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.

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

(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;

(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;

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

(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.

(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after March 22, 2019, the court shall impose as the minimum prison
term under division (A)(1)(a) or (2)(a) of this section a mandatory
term that is one of the terms prescribed in that division, whichever
is applicable, for the offense.

(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:

(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;

(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.

(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.

(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under ten years of age
at the time of the offense, regardless of whether the offender knew
the age of the victim, the court shall impose upon the offender an
additional definite prison term of six years. A prison term imposed
on an offender under division (B)(10) of this section shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division relative to
a violation of division (A) of section 2903.11 of the Revised Code,
the court shall not impose any other additional prison term on the
offender relative to the same offense.

(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(11) of
this section for felonies committed as part of the same act.

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

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

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

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

(e)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(11) of this section, the offender shall serve the
mandatory prison term consecutively to any other mandatory prison
term imposed under that division, consecutively to and prior to any
prison term imposed for the underlying felony, and consecutively to
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender.

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

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

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

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

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

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

(5)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(5) or (6) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A) of this
section or section 2929.142 of the Revised Code. If a mandatory
prison term is imposed upon an offender pursuant to division (B)(5)
of this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (B)(6) of this section in relation
to the same violation, the offender shall serve the mandatory prison
term imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to and
prior to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of the
Revised Code.

(6)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(9) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.11 of the Revised Code and consecutively to and prior to
any other prison term or mandatory prison term previously or
subsequently imposed on the offender.

(7)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(10) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying felonious assault. Except as otherwise
provided in division (C) of this section, any other prison term or
mandatory prison term previously or subsequently imposed upon the
offender may be served concurrently with, or consecutively to, the
prison term imposed pursuant to division (B)(10) of this section.

(8)
Any prison term imposed for a violation of section 2903.04 of the
Revised Code that is based on a violation of section 2925.03 or
2925.11 of the Revised Code or on a violation of section 2925.05 of
the Revised Code that is not funding of marihuana trafficking shall
run consecutively to any prison term imposed for the violation of
section 2925.03 or 2925.11 of the Revised Code or for the violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking.

(9)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.

(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.

(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.

(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.

(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.

Sec.
2929.144.
(A)

As
used in this section, "qualifying felony of the first or second
degree" means a felony of the first or second degree committed
on or after the effective date of this section.

(B)

The
court imposing
a

an
indefinite
prison
term on an offender under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code
for
a qualifying felony of the first or second degree
shall
determine the maximum prison term that is part of the sentence in
accordance with the following:

(1)
If the offender is being sentenced for
one
felony and the felony is a qualifying
a

felony
of the first
or
second
degree,
the maximum prison term shall be equal to the minimum term imposed on
the offender under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code plus
fifty
per cent of that term
five
years
.

(2)
If the offender is being sentenced for
more
than one felony, if one or more of the felonies is
a

qualifying

felony of the
first
or
second
degree,
and
if the court orders that some or all of the prison terms imposed are
to be served consecutively,

the
court shall add all of the minimum terms imposed on the offender
under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised
Code for a qualifying felony of the first or second degree that are
to be served consecutively and all of the definite terms of the
felonies that are not qualifying felonies of the first or second
degree that are to be served consecutively, and
the
maximum term shall be equal to the
total
of those terms so added by the court
minimum
term imposed on the offender under division (A) of section 2929.14 of
the Revised Code
plus

fifty
per cent of the longest minimum term or definite term for the most
serious felony being sentenced
three
years
.

(3)
(3)(a)

If the offender is being sentenced for
more
than one
a

felony
,
if one or more of the felonies is a qualifying felony of the first or
second degree, and if the court orders that all of the prison terms
imposed are to run concurrently

of the third degree that is a violation of section 2903.06, 2903.08,
2907.03, 2907.04, 2907.05, 2907.321, 2907.322, 2907.323, 2919.25, or
3795.04 of the Revised Code, that is a violation of division (A) of
section 4511.19 of the Revised Code if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of
that section that was a felony, that is a violation of section
2911.02 or 2911.12 of the Revised Code if the offender previously has
been convicted of or pleaded guilty in two or more separate
proceedings to two or more violations of section 2911.01, 2911.02,
2911.11, or 2911.12 of the Revised Code, or that is a violation of
division (B) of section 2921.331 of the Revised Code if division
(C)(5) of that section applies
,
the maximum term shall be equal to
the
longest of
the
minimum
terms

term

imposed
on the offender under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code
for
a qualifying felony of the first or second degree for which the
sentence is being imposed
plus

fifty
per cent of the longest minimum term for the most serious qualifying
felony being sentenced
two
years
.

(b)
If the offender is being sentenced for a felony of the third degree
that is not included in division (A)(3)(a) of this section, the
maximum term shall be equal to the minimum term imposed on the
offender under division (A) of section 2929.14 of the Revised Code
plus one or two years.

(4)

If
the offender is being sentenced for a felony of the fourth or fifth
degree, the maximum term shall be equal to the minimum term imposed
on the offender under division (A) of section 2929.14 of the Revised
Code plus six months.

(5)(a)
If the offender is being sentenced for multiple felonies and the
court orders that all of the prison terms are to run concurrently,
the maximum term shall be equal to the longest of the minimum terms
imposed on the offender under division (A) of section 2929.14 of the
Revised Code, plus the additional term imposed based on the degree of
felony for the longest term in division (A)(1) to (4) of this
section.

(b)
If the offender is being sentenced for multiple felonies and the
court orders that some or all of the prison terms are to run
consecutively, the maximum term shall be equal to the total of all of
the minimum terms to be served consecutively, plus the additional
term imposed based on the degree of felony for the longest term in
division (A)(1) to (4) of this section.

(6)

Any
mandatory prison term, or portion of a mandatory prison term, that is
imposed or to be imposed on the offender under division (B), (G), or
(H) of section 2929.14 of the Revised Code or under any other
provision of the Revised Code, with respect to a conviction of or
plea of guilty to a specification, and that is in addition to the
sentence imposed for the underlying offense is separate from the
sentence being imposed for the
qualifying
first or second degree
felony

committed
on or after the effective date of this section

and shall not be considered or included in determining a maximum
prison term for the offender under divisions
(B)(1)
(A)(1)

to
(3)
(4)

of this section.

(C)
(B)

The court imposing a prison term on an offender pursuant to division

(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code
for
a qualifying felony of the first or second degree
shall
sentence the offender, as part of the sentence, to the maximum prison
term determined under division
(B)
(A)

of this section. The court shall impose this maximum term at
sentencing as part of the sentence it imposes under section 2929.14
of the Revised Code, and shall state the minimum term it imposes
under division
(A)(1)(a)
or (2)(a)
(A)

of that section, and this maximum term, in the sentencing entry.

(D)
(C)

If a court imposes a prison term on an offender pursuant to division

(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code

for a qualifying felony of the first or second degree
,
section 2967.271 of the Revised Code applies with respect to the
offender's service of the prison term.

Sec.
2929.19.
(A)
The court shall hold a sentencing hearing before imposing a sentence
under this chapter upon an offender who was convicted of or pleaded
guilty to a felony and before resentencing an offender who was
convicted of or pleaded guilty to a felony and whose case was
remanded pursuant to section 2953.07 or 2953.08 of the Revised Code.
At the hearing, the offender, the prosecuting attorney, the victim or
the victim's representative in accordance with section 2930.14 of the
Revised Code, and, with the approval of the court, any other person
may present information relevant to the imposition of sentence in the
case. The court shall inform the offender of the verdict of the jury
or finding of the court and ask the offender whether the offender has
anything to say as to why sentence should not be imposed upon the
offender.

(B)(1)
At the sentencing hearing, the court, before imposing sentence, shall
do all of the following:

(a)
Consider the record, any information presented at the hearing by any
person pursuant to division (A) of this section, and, if one was
prepared, the presentence investigation report made pursuant to
section 2951.03 of the Revised Code or Criminal Rule 32.2, and any
victim impact statement made pursuant to section 2947.051 of the
Revised Code;

(b)
If the offense was committed when the offender was under eighteen
years of age, in addition to other factors considered, consider youth
and its characteristics as mitigating factors, including:

(i)
The chronological age of the offender at the time of the offense and
that age's hallmark features, including intellectual capacity,
immaturity, impetuosity, and a failure to appreciate risks and
consequences;

(ii)
The family and home environment of the offender at the time of the
offense, the offender's inability to control the offender's
surroundings, a history of trauma regarding the offender, and the
offender's school and special education history;

(iii)
The circumstances of the offense, including the extent of the
offender's participation in the conduct and the way familial and peer
pressures may have impacted the offender's conduct;

(iv)
Whether the offender might have been charged and convicted of a
lesser offense if not for the incompetencies associated with youth,
such as the offender's inability to deal with police officers and
prosecutors during the offender's interrogation or possible plea
agreement or the offender's inability to assist the offender's own
attorney;

(v)
Examples of the offender's rehabilitation, including any subsequent
growth or increase in maturity during confinement.

(2)
Subject to division (B)(3) of this section, if the sentencing court
determines at the sentencing hearing that a prison term is necessary
or required, the court shall do all of the following:

(a)
Impose a stated prison term and, if the court imposes a mandatory
prison term, notify the offender that the prison term is a mandatory
prison term;

(b)
In addition to any other information, include in the sentencing entry
the name and section reference to the offense or offenses, the
sentence or sentences imposed and whether the sentence or sentences
contain mandatory prison terms, if sentences are imposed for multiple
counts whether the sentences are to be served concurrently or
consecutively, and the name and section reference of any
specification or specifications for which sentence is imposed and the
sentence or sentences imposed for the specification or
specifications;

(c)
If the prison term is a non-life felony indefinite prison term,
notify the offender of all of the following:

(i)
That it is rebuttably presumed that the offender will be released
from service of the sentence on the expiration of the minimum prison
term imposed as part of the sentence or on the offender's presumptive
earned early release date, as defined in section 2967.271 of the
Revised Code, whichever is earlier;

(ii)
That the department of rehabilitation and correction may rebut the
presumption described in division (B)(2)(c)(i) of this section if, at
a hearing held under section 2967.271 of the Revised Code, the
department makes specified determinations regarding the offender's
conduct while confined, the offender's rehabilitation, the offender's
threat to society, the offender's restrictive housing, if any, while
confined, and the offender's security classification;

(iii)
That if, as described in division (B)(2)(c)(ii) of this section, the
department at the hearing makes the specified determinations and
rebuts the presumption, the department may maintain the offender's
incarceration after the expiration of that minimum term or after that
presumptive earned early release date for the length of time the
department determines to be reasonable, subject to the limitation
specified in section 2967.271 of the Revised Code;

(iv)
That the department may make the specified determinations and
maintain the offender's incarceration under the provisions described
in divisions (B)(2)(c)(i) and (ii) of this section more than one
time, subject to the limitation specified in section 2967.271 of the
Revised Code;

(v)
That if the offender has not been released prior to the expiration of
the offender's maximum prison term imposed as part of the sentence,
the offender must be released upon the expiration of that term.

(d)
Notify the offender that the offender will be supervised under
section 2967.28 of the Revised Code after the offender leaves prison
if the offender is being sentenced, other than to a sentence of life
imprisonment, for a felony of the first degree or second degree, for
a felony sex offense, or for a felony of the third degree that is an
offense of violence and is not a felony sex offense. This division
applies with respect to all prison terms imposed for an offense of a
type described in this division, including a non-life felony
indefinite prison term and including a term imposed for any offense
of a type described in this division that is a risk reduction
sentence, as defined in section 2967.28 of the Revised Code. If a
court imposes a sentence including a prison term of a type described
in division (B)(2)(d) of this section on or after July 11, 2006, the
failure of a court to notify the offender pursuant to division
(B)(2)(d) of this section that the offender will be supervised under
section 2967.28 of the Revised Code after the offender leaves prison
or to include in the judgment of conviction entered on the journal a
statement to that effect does not negate, limit, or otherwise affect
the mandatory period of supervision that is required for the offender
under division (B) of section 2967.28 of the Revised Code. Section
2929.191 of the Revised Code applies if, prior to July 11, 2006, a
court imposed a sentence including a prison term of a type described
in division (B)(2)(d) of this section and failed to notify the
offender pursuant to division (B)(2)(d) of this section regarding
post-release control or to include in the judgment of conviction
entered on the journal or in the sentence a statement regarding
post-release control.

(e)
Notify the offender that the offender may be supervised under section
2967.28 of the Revised Code after the offender leaves prison if the
offender is being sentenced for a felony of the third, fourth, or
fifth degree that is not subject to division (B)(2)(d) of this
section. This division applies with respect to all prison terms
imposed for an offense of a type described in this division,
including a term imposed for any such offense that is a risk
reduction sentence, as defined in section 2967.28 of the Revised
Code. Section 2929.191 of the Revised Code applies if, prior to July
11, 2006, a court imposed a sentence including a prison term of a
type described in division (B)(2)(e) of this section and failed to
notify the offender pursuant to division (B)(2)(e) of this section
regarding post-release control or to include in the judgment of
conviction entered on the journal or in the sentence a statement
regarding post-release control.

(f)
Notify the offender that, if a period of supervision is imposed
following the offender's release from prison, as described in
division (B)(2)(d) or (e) of this section, and if the offender
violates that supervision or a condition of post-release control
imposed under division (B) of section 2967.131 of the Revised Code,
the parole board may impose a prison term, as part of the sentence,
of up to one-half of the definite prison term originally imposed upon
the offender as the offender's stated prison term or up to one-half
of the minimum prison term originally imposed upon the offender as
part of the offender's stated non-life felony indefinite prison term.
If a court imposes a sentence including a prison term on or after
July 11, 2006, the failure of a court to notify the offender pursuant
to division (B)(2)(f) of this section that the parole board may
impose a prison term as described in division (B)(2)(f) of this
section for a violation of that supervision or a condition of
post-release control imposed under division (B) of section 2967.131
of the Revised Code or to include in the judgment of conviction
entered on the journal a statement to that effect does not negate,
limit, or otherwise affect the authority of the parole board to so
impose a prison term for a violation of that nature if, pursuant to
division (D)(1) of section 2967.28 of the Revised Code, the parole
board notifies the offender prior to the offender's release of the
board's authority to so impose a prison term. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term and failed to notify the offender
pursuant to division (B)(2)(f) of this section regarding the
possibility of the parole board imposing a prison term for a
violation of supervision or a condition of post-release control.

(g)(i)
Determine, notify the offender of, and include in the sentencing
entry the total number of days, including the sentencing date but
excluding conveyance time, that the offender has been confined for
any reason arising out of the offense for which the offender is being
sentenced and by which the department of rehabilitation and
correction must reduce the definite prison term imposed on the
offender as the offender's stated prison term or, if the offense is
an offense for which a non-life felony indefinite prison term is
imposed under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code, the minimum and maximum
prison terms imposed on the offender as part of that non-life felony
indefinite prison term, under section 2967.191 of the Revised Code.
The court's calculation shall not include the number of days, if any,
that the offender served in the custody of the department of
rehabilitation and correction arising out of any prior offense for
which the prisoner was convicted and sentenced.

(ii)
In making a determination under division (B)(2)(g)(i) of this
section, the court shall consider the arguments of the parties and
conduct a hearing if one is requested.

(iii)
The sentencing court retains continuing jurisdiction to correct any
error not previously raised at sentencing in making a determination
under division (B)(2)(g)(i) of this section. The offender may, at any
time after sentencing, file a motion in the sentencing court to
correct any error made in making a determination under division
(B)(2)(g)(i) of this section, and the court may in its discretion
grant or deny that motion. If the court changes the number of days in
its determination or redetermination, the court shall cause the entry
granting that change to be delivered to the department of
rehabilitation and correction without delay. Sections 2931.15 and
2953.21 of the Revised Code do not apply to a motion made under this
section.

(iv)
An inaccurate determination under division (B)(2)(g)(i) of this
section is not grounds for setting aside the offender's conviction or
sentence and does not otherwise render the sentence void or voidable.

(v)
The department of rehabilitation and correction shall rely upon the
latest journal entry of the court in determining the total days of
local confinement for purposes of division (B)(2)(g)(i) to (iii) of
this section and section 2967.191 of the Revised Code.

(3)(a)
The court shall include in the offender's sentence a statement that
the offender is a tier III sex offender/child-victim offender, and
the court shall comply with the requirements of section 2950.03 of
the Revised Code if any of the following apply:

(i)
The offender is being sentenced for a violent sex offense or
designated homicide, assault, or kidnapping offense that the offender
committed on or after January 1, 1997, and the offender is
adjudicated a sexually violent predator in relation to that offense.

(ii)
The offender is being sentenced for a sexually oriented offense that
the offender committed on or after January 1, 1997, and the offender
is a tier III sex offender/child-victim offender relative to that
offense.

(iii)
The offender is being sentenced on or after July 31, 2003, for a
child-victim oriented offense, and the offender is a tier III sex
offender/child-victim offender relative to that offense.

(iv)
The offender is being sentenced under section 2971.03 of the Revised
Code for a violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after January 2, 2007.

(v)
The offender is sentenced to a term of life without parole under
division (B) of section 2907.02 of the Revised Code.

(vi)
The offender is being sentenced for attempted rape committed on or
after January 2, 2007, and a specification of the type described in
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code.

(vii)
The offender is being sentenced under division (B)(3)(a), (b), (c),
or (d) of section 2971.03 of the Revised Code for an offense
described in those divisions committed on or after January 1, 2008.

(b)
Additionally, if any criterion set forth in divisions (B)(3)(a)(i) to
(vii) of this section is satisfied, in the circumstances described in
division (E) of section 2929.14 of the Revised Code, the court shall
impose sentence on the offender as described in that division.

(4)
If the sentencing court determines at the sentencing hearing that a
community control sanction should be imposed and the court is not
prohibited from imposing a community control sanction, the court
shall impose a community control sanction. The court shall notify the
offender that, if the conditions of the sanction are violated, if the
offender commits a violation of any law, or if the offender leaves
this state without the permission of the court or the offender's
probation officer, the court may impose a longer time under the same
sanction, may impose a more restrictive sanction, or may impose a
prison term on the offender and shall indicate the range from which
the prison term may be imposed as a sanction for the violation, which
shall be the range of prison terms for the offense that is specified
pursuant to section 2929.14 of the Revised Code and as described in
section 2929.15 of the Revised Code.
"

(5)
Before imposing a financial sanction under section 2929.18 of the
Revised Code or a fine under section 2929.32 of the Revised Code, the
court shall consider the offender's present and future ability to pay
the amount of the sanction or fine.

(6)
If the sentencing court sentences the offender to a sanction of
confinement pursuant to section 2929.14 or 2929.16 of the Revised
Code that is to be served in a local detention facility, as defined
in section 2929.36 of the Revised Code, and if the local detention
facility is covered by a policy adopted pursuant to section 307.93,
341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised Code,
both of the following apply:

(a)
The court shall specify both of the following as part of the
sentence:

(i)
If the offender is presented with an itemized bill pursuant to
section 2929.37 of the Revised Code for payment of the costs of
confinement, the offender is required to pay the bill in accordance
with that section.

(ii)
If the offender does not dispute the bill described in division
(B)(6)(a)(i) of this section and does not pay the bill by the times
specified in section 2929.37 of the Revised Code, the clerk of the
court may issue a certificate of judgment against the offender as
described in that section.

(b)
The sentence automatically includes any certificate of judgment
issued as described in division (B)(6)(a)(ii) of this section.

(7)
The failure of the court to notify the offender that a prison term is
a mandatory prison term pursuant to division (B)(2)(a) of this
section or to include in the sentencing entry any information
required by division (B)(2)(b) of this section does not affect the
validity of the imposed sentence or sentences. If the sentencing
court notifies the offender at the sentencing hearing that a prison
term is mandatory but the sentencing entry does not specify that the
prison term is mandatory, the court may complete a corrected journal
entry and send copies of the corrected entry to the offender and the
department of rehabilitation and correction, or, at the request of
the state, the court shall complete a corrected journal entry and
send copies of the corrected entry to the offender and department of
rehabilitation and correction.

(C)(1)
If the offender is being sentenced for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised Code,
the court shall impose the mandatory term of local incarceration in
accordance with that division, shall impose a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as specified
in sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised
Code. The court shall not impose a prison term on the offender except
that the court may impose a prison term upon the offender as provided
in division (A)(1) of section 2929.13 of the Revised Code.

(2)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the court shall impose the mandatory prison term in
accordance with that division, shall impose a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose an additional prison term as
specified in section 2929.14 of the Revised Code. In addition to the
mandatory prison term or mandatory prison term and additional prison
term the court imposes, the court also may impose a community control
sanction on the offender, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.

(D)
The sentencing court, pursuant to division (I)(1) of section 2929.14
of the Revised Code, may recommend placement of the offender in a
program of shock incarceration under section 5120.031 of the Revised
Code or an intensive program prison under section 5120.032 of the
Revised Code, disapprove placement of the offender in a program or
prison of that nature, or make no recommendation. If the court
recommends or disapproves placement, it shall make a finding that
gives its reasons for its recommendation or disapproval.

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

(1)
The sentence consisted of or included the maximum definite prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code or, with respect to a non-life
felony indefinite prison term, the longest minimum prison term
allowed for the offense by division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code, the maximum definite prison
term or longest minimum prison term was not required for the offense
pursuant to Chapter 2925. or any other provision of the Revised Code,
and the court imposed the sentence under one of the following
circumstances:

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

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

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

(3)
The person was convicted of or pleaded guilty to a violent sex
offense or a designated homicide, assault, or kidnapping offense, was
adjudicated a sexually violent predator in relation to that offense,
and was sentenced pursuant to division (A)(3) of section 2971.03 of
the Revised Code, if the minimum term of the indefinite term imposed
pursuant to division (A)(3) of section 2971.03 of the Revised Code is
the longest term available for the offense from among the range of
definite terms listed in section 2929.14 of the Revised Code or, with
respect to a non-life felony indefinite prison term, the longest
minimum prison term allowed for the offense by division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code. As used in this division,
"designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as in section
2971.01 of the Revised Code. As used in this division, "adjudicated
a sexually violent predator" has the same meaning as in section
2929.01 of the Revised Code, and a person is "adjudicated a
sexually violent predator" in the same manner and the same
circumstances as are described in that section.

(4)
The sentence is contrary to law.

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

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

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

(2)
The sentence is contrary to law.

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

(C)(1)
In addition to the right to appeal a sentence granted under division
(A) or (B) of this section, a defendant who is convicted of or pleads
guilty to a felony may seek leave to appeal a sentence imposed upon
the defendant on the basis that the sentencing judge has imposed
consecutive sentences under division (C)(3) of section 2929.14 of the
Revised Code and that the consecutive sentences exceed the maximum
definite prison term allowed by division (A) of that section for the
most serious offense of which the defendant was convicted or, with
respect to a non-life felony indefinite prison term, exceed the
longest minimum prison term allowed by division
(A)(1)(a)
or (2)(a)
(A)

of that section for the most serious such offense. Upon the filing of
a motion under this division, the court of appeals may grant leave to
appeal the sentence if the court determines that the allegation
included as the basis of the motion is true.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(I)
As used in this section, "non-life felony indefinite prison
term" has the same meaning as in section 2929.01 of the Revised
Code.

Sec.
2967.193.
(A)(1)
The provisions of this section apply until April 4, 2024, to persons
confined in a state correctional institution or in the substance use
disorder treatment program. On and after April 4, 2024, the
provisions of section 2967.194 of the Revised Code apply to persons
so confined, in the manner specified in division (G) of that section.

(2)
Except as provided in division (C) of this section and subject to the
maximum aggregate total specified in division (A)(4) of this section,
a person confined in a state correctional institution or placed in
the substance use disorder treatment program may provisionally earn
one day or five days of credit, based on the category set forth in
division (D)(1), (2), (3), (4), or (5) of this section in which the
person is included, toward satisfaction of the person's stated prison
term, as described in division (F) of this section, for each
completed month during which the person, if confined in a state
correctional institution, productively participates in an education
program, vocational training, employment in prison industries,
treatment for substance abuse, or any other constructive program
developed by the department of rehabilitation and correction with
specific standards for performance by prisoners or during which the
person, if placed in the substance use disorder treatment program,
productively participates in the program. Except as provided in
division (C) of this section and subject to the maximum aggregate
total specified in division (A)(4) of this section, a person so
confined in a state correctional institution who successfully
completes two programs or activities of that type may, in addition,
provisionally earn up to five days of credit toward satisfaction of
the person's stated prison term, as described in division (F) of this
section, for the successful completion of the second program or
activity. The person shall not be awarded any provisional days of
credit for the successful completion of the first program or activity
or for the successful completion of any program or activity that is
completed after the second program or activity. At the end of each
calendar month in which a person productively participates in a
program or activity listed in this division or successfully completes
a program or activity listed in this division, the department of
rehabilitation and correction shall determine and record the total
number of days credit that the person provisionally earned in that
calendar month. If the person in a state correctional institution
violates prison rules or the person in the substance use disorder
treatment program violates program or department rules, the
department may deny the person a credit that otherwise could have
been provisionally awarded to the person or may withdraw one or more
credits previously provisionally earned by the person. Days of credit
provisionally earned by a person shall be finalized and awarded by
the department subject to administrative review by the department of
the person's conduct.

(3)
Unless a person is serving a mandatory prison term or a prison term
for an offense of violence or a sexually oriented offense, and
notwithstanding the maximum aggregate total specified in division
(A)(4) of this section, a person who successfully completes any of
the following shall earn ninety days of credit toward satisfaction of
the person's stated prison term or a ten per cent reduction of the
person's stated prison term, whichever is less:

(a)
An Ohio high school diploma or Ohio certificate of high school
equivalence certified by the Ohio central school system;

(b)
A therapeutic drug community program;

(c)
All three phases of the department of rehabilitation and correction's
intensive outpatient drug treatment program;

(d)
A career technical vocational school program;

(e)
A college certification program;

(f)
The criteria for a certificate of achievement and employability as
specified in division (A)(1) of section 2961.22 of the Revised Code.

(4)(a)
Except for persons described in division (A)(3) of this section and
subject to division (A)(4)(b) of this section, the aggregate days of
credit provisionally earned by a person for program or activity
participation and program and activity completion under this section
and the aggregate days of credit finally credited to a person under
this section shall not exceed eight per cent of the total number of
days in the person's stated prison term.

(b)
If a person is confined in a state correctional institution or in the
substance use disorder treatment program after
the
effective date of this amendment
October
3, 2023
,
and if the person as of
that
effective date
October
3, 2023,
has
met the eight per cent limit specified in division (A)(4)(a) of this
section or the person meets that eight per cent limit between
that
effective date
October
3, 2023,
and
April 3, 2024, both of the following apply with respect to the
person:

(i)
On and after
the
effective date of this amendment
October
3, 2023
,
the eight per cent limit specified in division (A)(4)(a) of this
section no longer applies to the person;

(ii)
On and after
the
effective date of this amendment
October
3, 2023
,
the aggregate days of credit provisionally earned by a person for
program or activity participation and program and activity completion
under this section and the aggregate days of credit finally credited
to a person under this section shall not exceed fifteen per cent of
the total number of days in the person's stated prison term.

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

(C)
No person confined in a state correctional institution or placed in a
substance use disorder treatment program to whom any of the following
applies shall be awarded any days of credit under division (A) of
this section:

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

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

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

(D)
This division does not apply to a determination of whether a person
confined in a state correctional institution or placed in a substance
use disorder treatment program may earn any days of credit under
division (A) of this section for successful completion of a second
program or activity. The determination of whether a person confined
in a state correctional institution may earn one day of credit or
five days of credit under division (A) of this section for each
completed month during which the person productively participates in
a program or activity specified under that division shall be made in
accordance with the following:

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

(a)
A violation of division (A) of section 2903.04 or of section 2903.03,
2903.11, 2903.15, 2905.01, 2907.24, 2907.25, 2909.02, 2909.09,
2909.10, 2909.101, 2909.26, 2909.27, 2909.29, 2911.01, 2911.02,
2911.11, 2911.12, 2919.13, 2919.15, 2919.151, 2919.22, 2921.34,
2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24 of the
Revised Code;

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

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

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

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

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

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

(F)
Days of credit awarded under this section shall be applied toward
satisfaction of a person's stated prison term as follows:

(1)
Toward the definite prison term of a prisoner serving a definite
prison term as a stated prison term;

(2)
Toward the minimum and maximum terms of a prisoner serving an
indefinite prison term imposed under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code

for a felony of the first or second degree committed on or after
March 22, 2019
.

(G)
As used in this section:

(1)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(2)
"Substance use disorder treatment program" means the
substance use disorder treatment program established by the
department of rehabilitation and correction under section 5120.035 of
the Revised Code.

Sec.
2967.194.
(A)(1)
Beginning April 4, 2024, the provisions of this section shall apply,
in the manner described in division (G) of this section, to persons
confined on or after that date in a state correctional institution or
in the substance use disorder treatment program.

(2)
Except as provided in division (C) of this section and subject to the
maximum aggregate total specified in division (A)(4) of this section,
a person confined in a state correctional institution or placed in
the substance use disorder treatment program may provisionally earn
one day or five days of credit, based on the category set forth in
division (D)(1) or (2) of this section in which the person is
included, toward satisfaction of the person's stated prison term, as
described in division (F) of this section, for each completed month
during which the person, if confined in a state correctional
institution, productively participates in an education program,
vocational training, employment in prison industries, treatment for
substance abuse, or any other constructive program developed by the
department of rehabilitation and correction with specific standards
for performance by prisoners or during which the person, if placed in
the substance use disorder treatment program, productively
participates in the program. Except as provided in division (C) of
this section and subject to the maximum aggregate total specified in
division (A)(4) of this section, a person so confined in a state
correctional institution who successfully completes two programs or
activities of that type may, in addition, provisionally earn up to
five days of credit toward satisfaction of the person's stated prison
term, as described in division (F) of this section, for the
successful completion of the second program or activity. The person
shall not be awarded any provisional days of credit for the
successful completion of the first program or activity or for the
successful completion of any program or activity that is completed
after the second program or activity. At the end of each calendar
month in which a person productively participates in a program or
activity listed in this division or successfully completes a program
or activity listed in this division, the department of rehabilitation
and correction shall determine and record the total number of days
credit that the person provisionally earned in that calendar month.
If the person in a state correctional institution violates prison
rules or the person in the substance use disorder treatment program
violates program or department rules, the department may deny the
person a credit that otherwise could have been provisionally awarded
to the person or may withdraw one or more credits previously
provisionally earned by the person. Days of credit provisionally
earned by a person shall be finalized and awarded by the department
subject to administrative review by the department of the person's
conduct.

(3)
Except as provided in division (C) of this section, unless a person
is serving a mandatory prison term or a prison term for an offense of
violence or a sexually oriented offense, and notwithstanding the
maximum aggregate total specified in division (A)(4) of this section,
a person who successfully completes any diploma, equivalence,
program, or criteria identified in divisions (A)(3)(a) to (g) of this
section shall earn ninety days of credit toward satisfaction of the
person's stated prison term or a ten per cent reduction of the
person's stated prison term, whichever is less, for each such
diploma, equivalence, program, or criteria successfully completed.
The diplomas, equivalences, programs, and criteria for which credit
shall be granted under this division, upon successful completion,
are:

(a)
An Ohio high school diploma or Ohio certificate of high school
equivalence certified by the Ohio central school system;

(b)
A therapeutic drug community program;

(c)
All three phases of the department of rehabilitation and correction's
intensive outpatient drug treatment program;

(d)
A career technical vocational school program;

(e)
A college certification program;

(f)
The criteria for a certificate of achievement and employability as
specified in division (A)(1) of section 2961.22 of the Revised Code;

(g)
Any other constructive program developed by the department of
rehabilitation and correction with specific standards for performance
by prisoners.

(4)
Except for persons described in division (A)(3) of this section, the
aggregate days of credit provisionally earned by a person for program
or activity participation and program and activity completion under
this section and the aggregate days of credit finally credited to a
person under this section shall not exceed fifteen per cent of the
total number of days in the person's stated prison term.

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

(C)
No person confined in a state correctional institution or placed in a
substance use disorder treatment program to whom any of the following
applies shall be awarded any days of credit under division (A)(2) or
(3) of this section:

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

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

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

(D)
This division does not apply to a determination of whether a person
confined in a state correctional institution or placed in a substance
use disorder treatment program may earn any days of credit under
division (A)(2) of this section for successful completion of a second
program or activity. The determination of whether a person confined
in a state correctional institution may earn one day of credit or
five days of credit under division (A)(2) of this section for each
completed month during which the person productively participates in
a program or activity specified under that division shall be made in
accordance with the following:

(1)
The offender may earn one day of credit under division (A)(2) of this
section, except as provided in division (C) of this section, if the
offender is serving a stated prison term that includes a prison term
imposed for a sexually oriented offense that the offender committed
prior to September 30, 2011.

(2)
Except as provided in division (C) of this section, if division
(D)(1) of this section does not apply to the offender, the offender
may earn five days of credit under division (A)(2) of this section.

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

(F)
Days of credit awarded under this section shall be applied toward
satisfaction of a person's stated prison term as follows:

(1)
Toward the definite prison term of a prisoner serving a definite
prison term as a stated prison term;

(2)
Toward the minimum and maximum terms of a prisoner serving an
indefinite prison term imposed under division
(A)(1)(a)
or (2)(a)
(A)

of section 2929.14 of the Revised Code

for a felony of the first or second degree committed on or after
March 22, 2019
.

(G)
The provisions of this section apply to persons confined in a state
correctional institution or in the substance use disorder treatment
program on or after April 4, 2024, as follows:

(1)
Subject to division (G)(2) of this section, the provisions apply to a
person so confined regardless of whether the person committed the
offense for which the person is confined in the institution or was
placed in the program prior to, on, or after April 4, 2024, and
regardless of whether the person was convicted of or pleaded guilty
to that offense prior to, on, or after April 4, 2024.

(2)
The provisions apply to a person so confined only with respect to the
time that the person is so confined on and after April 4, 2024, and
the provisions of section 2967.193 of the Revised Code that were in
effect prior to April 4, 2024, and that applied to the person prior
to that date, including the provisions of division (A)(4) of that
section as amended by
this
act
H.B.
33 of the 135th general assembly
,
apply to the person with respect to the time that the person was so
confined prior to April 4, 2024.

(H)
As used in this section:

(1)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(2)
"Substance use disorder treatment program" means the
substance use disorder treatment program established by the
department of rehabilitation and correction under section 5120.035 of
the Revised Code.

Section
2.
That
existing sections 2929.01, 2929.14, 2929.144, 2929.19, 2953.08,
2967.193
,
and 2967.194

of the Revised Code are hereby repealed.

Section
3.
Section
2929.14 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 37, H.B. 56, H.B. 111, and S.B.
106, all of the 135th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.