Enact the Adult Parole Authority Enhancement Act

hb923_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 923

2025-2026

Representative Williams

To
amend sections 2929.15, 2929.16, 2929.25, 2967.131, and 2967.15 and
to enact section 2903.217 of the Revised Code
to
enact the Adult Parole Authority Enhancement Act.

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

Section
1.
That
sections 2929.15, 2929.16, 2929.25, 2967.131, and 2967.15 be amended
and section 2903.217 of the Revised Code be enacted to read as
follows:

Sec.
2903.217.
(A)
If an offender is subject to post-release control, the adult parole
authority may file for a post-conviction no contact order under this
section on behalf of a victim, with or without the victim's consent,
in the common pleas court of the county in which the offender
resides.

(B)
A motion for a post-conviction no contact order under this section
shall include documentation of the offender's conditions of
post-release control, including any existing no contact orders or
other terms set by the adult parole authority.

(C)(1)
As soon as possible after the filing of a motion that requests the
issuance of a post-conviction no contact order under this section,
but not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The adult parole authority
officer or agent who requested the order shall appear before the
court and provide the court with the information that it requests
concerning the basis of the motion.

(2)
If the court finds that the safety and protection of the alleged
victim may be impaired by the continued presence of the alleged
offender, the court shall issue a post-conviction no contact order
under this section that contains terms designed to ensure the safety
and protection of the alleged victim, including a requirement that
the alleged offender refrain from entering the residence, school,
business, or place of employment of the alleged victim.

(3)
If the court issues a post-conviction no contact order under this
section that includes a requirement that the alleged offender refrain
from entering the residence, school, business, or place of employment
of the alleged victim, the order shall clearly state that the order
cannot be waived or nullified by an invitation to the alleged
offender from the alleged victim, or a family or household member to
enter the residence, school, business, or place of employment or by
the alleged offender's entry into one of those places otherwise upon
the consent of the alleged victim, or a family or household member.

(4)(a)
If the court issues a post-conviction no contact order under this
section as an ex parte order, it shall conduct, as soon as possible
after the issuance of the order but not later than a date that is
within ten court days after the ex parte hearing, a hearing to
determine whether the order should remain in effect, be modified, or
be revoked.

The
court shall give the alleged offender notice of, and an opportunity
to be heard at, the full hearing and shall hold the full hearing on
the date scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to a
reasonable time determined by the court:

(i)
Prior to the date scheduled for the full hearing under this division,
the alleged offender has not been served with the petition filed
pursuant to this section and notice of the full hearing.

(ii)
The parties consent to the continuance.

(iii)
The continuance is needed to allow a party to obtain counsel.

(iv)
The continuance is needed for other good cause.

(b)
An ex parte order issued under this section does not expire because
of a failure to serve notice of the full hearing upon the alleged
offender before the date set for the full hearing or because the
court grants a continuance.

(5)
If the adult parole authority does not request an ex parte order, or
the adult parole authority requests an ex parte order but the court
does not issue an ex parte order after an ex parte hearing, the court
shall proceed as in a normal civil action and grant a full hearing on
the matter.

(D)(1)
A copy of a post-conviction no contact order that is issued under
this section shall be issued by the court to the adult parole
authority, to the alleged victim, to the alleged offender, and to all
law enforcement agencies that have jurisdiction to enforce the order.
The court shall direct that a copy of the order be delivered to the
alleged offender on the same day that the order is entered.

(2)
All law enforcement agencies shall establish and maintain an index
for the post-conviction no contact orders delivered to the agencies
pursuant to division (D)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time of the agency's receipt of the order.

(3)
Regardless of whether the adult parole authority has registered the
post-conviction no contact order in the county in which the officer's
agency has jurisdiction, any officer of a law enforcement agency
shall enforce a post-conviction no contact order issued pursuant to
this section in accordance with the provisions of the order.

Sec.
2929.15.
(A)(1)
If in sentencing an offender for a felony the court is not required
to impose a prison term, a mandatory prison term, or a term of life
imprisonment upon the offender, the court may directly impose a
sentence that consists of one or more community control sanctions
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code. If the court is sentencing an offender for a fourth
degree felony OVI offense under division (G)(1) of section 2929.13 of
the Revised Code, in addition to the mandatory term of local
incarceration imposed under that division and the mandatory fine
required by division (B)(3) of section 2929.18 of the Revised Code,
the court may impose upon the offender a community control sanction
or combination of community control sanctions in accordance with
sections 2929.16 and 2929.17 of the Revised Code. If the court is
sentencing an offender for a third or fourth degree felony OVI
offense under division (G)(2) of section 2929.13 of the Revised Code,
in addition to the mandatory prison term or mandatory prison term and
additional prison term imposed under that division, the court also
may impose upon the offender a community control sanction or
combination of community control sanctions 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.

The
duration of all community control sanctions imposed on an offender
under this division shall not exceed five years. If the offender
absconds or otherwise leaves the jurisdiction of the court in which
the offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the
court, or if the offender is confined in any institution for the
commission of any offense while under a community control sanction,
the period of the community control sanction ceases to run until the
offender is brought before the court for its further action. If the
court sentences the offender to one or more nonresidential sanctions
under section 2929.17 of the Revised Code, the court shall impose as
a condition of the nonresidential sanctions that, during the period
of the sanctions, the offender must abide by the law and must not
leave the state without the permission of the court or the offender's
probation officer. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit to
random drug testing as provided in division (D) of this section to
determine whether the offender ingested or was injected with a drug
of abuse and requiring that the results of the drug test indicate
that the offender did not ingest or was not injected with a drug of
abuse.

(2)(a)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of the Revised Code, the court
shall place the offender under the general control and supervision of
a department of probation in the county that serves the court for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer. Alternatively, if the offender
resides in another county and a county department of probation has
been established in that county or that county is served by a
multicounty probation department established under section 2301.27 of
the Revised Code, the court may request the court of common pleas of
that county to receive the offender into the general control and
supervision of that county or multicounty department of probation for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer, subject to the jurisdiction of
the trial judge over and with respect to the person of the offender,
and to the rules governing that department of probation.

If
there is no department of probation in the county that serves the
court, the court shall place the offender, regardless of the
offender's county of residence, under the general control and
supervision of the adult parole authority, unless the court has
entered into an agreement with the authority as described in division
(B) or (C) of section 2301.32 of the Revised Code, or under an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to counties for
purposes of reporting to the court a violation of any of the
sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer.

(b)
If the court imposing sentence on an offender sentences the offender
to any community control sanction or combination of community control
sanctions authorized pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code, and if the offender violates any condition of
the sanctions, violates any condition of release under a community
control sanction imposed by the court, violates any law, or departs
the state without the permission of the court or the offender's
probation officer, the public or private person or entity that
operates or administers the sanction or the program or activity that
comprises the sanction shall report the violation or departure
directly to the sentencing court, or shall report the violation or
departure to the county or multicounty department of probation with
general control and supervision over the offender under division
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with
general control and supervision over the offender under that
division, to the adult parole authority unless the court has entered
into an agreement with the authority as described in division (B) or
(C) of section 2301.32 of the Revised Code, or to an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to the county. If the
public or private person or entity that operates or administers the
sanction or the program or activity that comprises the sanction
reports the violation or departure to the county or multicounty
department of probation, the adult parole authority, or any other
entity providing probation and supervisory services to the county,
the department's, authority's, or other entity's officers may treat
the offender as if the offender were on probation and in violation of
the probation, and shall report the violation of the condition of the
sanction, any condition of release under a community control sanction
imposed by the court, the violation of law, or the departure from the
state without the required permission to the sentencing court.

(3)
If an offender who is eligible for community control sanctions under
this section admits to having a drug addiction or the court has
reason to believe that the offender has a drug addiction, and if the
offense for which the offender is being sentenced was related to the
addiction, the court may require that the offender be assessed by a
properly credentialed professional within a specified period of time
and shall require the professional to file a written assessment of
the offender with the court. If a court imposes treatment and
recovery support services as a community control sanction, the court
shall direct the level and type of treatment and recovery support
services after consideration of the written assessment, if available
at the time of sentencing, and recommendations of the professional
and other treatment and recovery support services providers.

(4)
If an assessment completed pursuant to division (A)(3) of this
section indicates that the offender has an addiction to drugs or
alcohol, the court may include in any community control sanction
imposed for a violation of section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code a requirement that the offender
participate in alcohol and drug addiction services and recovery
supports certified under section 5119.36 of the Revised Code or
offered by a properly credentialed community addiction services
provider.

(B)(1)
Except as provided in division (B)(2) of this section, if the
conditions of a community control sanction imposed for a felony are
violated or if the offender violates a law or leaves the state
without the permission of the court or the offender's probation
officer, the sentencing court may impose on the violator one or more
of the following penalties:

(a)
A longer time under the same sanction if the total time under the
sanctions does not exceed the five-year limit specified in division
(A) of this section;

(b)
A more restrictive sanction under section 2929.16, 2929.17, or
2929.18 of the Revised Code, including but not limited to, a new term
in a community-based correctional facility, halfway house,

work-release
program,
or
jail pursuant to division (A)(6) of section 2929.16 of the Revised
Code;

(c)
A prison term on the offender pursuant to section 2929.14 of the
Revised Code and division (B)(3) of this section, provided that a
prison term imposed under this division is subject to the following
limitations and rules, as applicable:

(i)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fifth degree, the prison term shall not exceed ninety days,
provided that if the remaining period of community control at the
time of the violation or the remaining period of the reserved prison
sentence at that time is less than ninety days, the prison term shall
not exceed the length of the remaining period of community control or
the remaining period of the reserved prison sentence. If the court
imposes a prison term as described in this division, division
(B)(2)(b) of this section applies.

(ii)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fourth degree that is not an offense of violence and is not a
sexually oriented offense, the prison term shall not exceed one
hundred eighty days, provided that if the remaining period of the
community control at the time of the violation or the remaining
period of the reserved prison sentence at that time is less than one
hundred eighty days, the prison term shall not exceed the length of
the remaining period of community control or the remaining period of
the reserved prison sentence. If the court imposes a prison term as
described in this division, division (B)(2)(b) of this section
applies.

(iii)
A court is not limited in the number of times it may sentence an
offender to a prison term under division (B)(1)(c) of this section
for a violation of the conditions of a community control sanction or
for a violation of a law or leaving the state without the permission
of the court or the offender's probation officer. If an offender who
is under a community control sanction violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, is sentenced to a
prison term for the violation or conduct, is released from the term
after serving it, and subsequently violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, the court may
impose a new prison term sanction on the offender under division
(B)(1)(c) of this section for the subsequent violation or conduct.

(2)(a)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision of section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (B)(1) of this
section based on the violation.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(c)(i) or (ii) of this section for a technical violation of the
conditions of a community control sanction, one of the following is
applicable with respect to the time that the offender spends in
prison under the term:

(i)
Subject to division (B)(2)(b)(ii) of this section, it shall be
credited against the offender's community control sanction that was
being served at the time of the violation, and the remaining time
under that community control sanction shall be reduced by the time
that the offender spends in prison under the prison term. By
determination of the court, the offender upon release from the prison
term either shall continue serving the remaining time under the
community control sanction, as reduced under this division, or shall
have the community control sanction terminated.

(ii)
If, at the time a prison term is imposed for a technical violation,
the offender was serving a residential community control sanction
imposed under section 2929.16 of the Revised Code, the time spent
serving the residential community control sanction shall be credited
against the offender's reserved prison sentence, and the remaining
time under that residential community control sanction and under the
reserved prison sentence shall be reduced by the time that the
offender spends in prison under the prison term. By determination of
the court, the offender upon release from the prison term either
shall continue serving the remaining time under the residential
community control sanction, as reduced under this division, or shall
have the residential community control sanction terminated.

(3)
The prison term, if any, imposed on a violator pursuant to this
division and division (B)(1) of this section shall be within the
range of prison terms described in this division and shall not exceed
a prison term from the range of terms specified in the notice
provided to the offender at the sentencing hearing pursuant to
division (B)(4) of section 2929.19 of the Revised Code. The court may
reduce the longer period of time that the offender is required to
spend under the longer sanction, the more restrictive sanction, or a
prison term imposed pursuant to division (B)(1) of this section by
the time the offender successfully spent under the sanction that was
initially imposed. Except as otherwise specified in this division,
the prison term imposed under this division and division (B)(1) of
this section shall be within the range of prison terms available as a
definite term for the offense for which the sanction that was
violated was imposed. If the offense for which the sanction that was
violated was imposed is a felony of the first or second degree
committed on or after March 22, 2019, the prison term so imposed
under this division shall be within the range of prison terms
available as a minimum term for the offense under division (A)(1)(a)
or (2)(a) of section 2929.14 of the Revised Code.

(C)
If an offender, for a significant period of time, fulfills the
conditions of a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code in an exemplary manner, the
court may reduce the period of time under the sanction or impose a
less restrictive sanction, but the court shall not permit the
offender to violate any law or permit the offender to leave the state
without the permission of the court or the offender's probation
officer.

(D)(1)
If a court under division (A)(1) of this section imposes a condition
of release under a community control sanction that requires the
offender to submit to random drug testing, the department of
probation, the adult parole authority, or any other entity that has
general control and supervision of the offender under division
(A)(2)(a) of this section may cause the offender to submit to random
drug testing performed by a laboratory or entity that has entered
into a contract with any of the governmental entities or officers
authorized to enter into a contract with that laboratory or entity
under section 341.26, 753.33, or 5120.63 of the Revised Code.

(2)
If no laboratory or entity described in division (D)(1) of this
section has entered into a contract as specified in that division,
the department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section shall cause the offender to submit
to random drug testing performed by a reputable public laboratory to
determine whether the individual who is the subject of the drug test
ingested or was injected with a drug of abuse.

(3)
A laboratory or entity that has entered into a contract pursuant to
section 341.26, 753.33, or 5120.63 of the Revised Code shall perform
the random drug tests under division (D)(1) of this section in
accordance with the applicable standards that are included in the
terms of that contract. A public laboratory shall perform the random
drug tests under division (D)(2) of this section in accordance with
the standards set forth in the policies and procedures established by
the department of rehabilitation and correction pursuant to section
5120.63 of the Revised Code. An offender who is required under
division (A)(1) of this section to submit to random drug testing as a
condition of release under a community control sanction and whose
test results indicate that the offender ingested or was injected with
a drug of abuse shall pay the fee for the drug test if the department
of probation, the adult parole authority, or any other entity that
has general control and supervision of the offender requires payment
of a fee. A laboratory or entity that performs the random drug
testing on an offender under division (D)(1) or (2) of this section
shall transmit the results of the drug test to the appropriate
department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section.

(E)
As used in this section, "technical violation" means a
violation of the conditions of a community control sanction imposed
for a felony of the fifth degree, or for a felony of the fourth
degree that is not an offense of violence and is not a sexually
oriented offense, and to which neither of the following applies:

(1)
The violation consists of a new criminal offense that is a felony or
that is a misdemeanor other than a minor misdemeanor, and the
violation is committed while under the community control sanction.

(2)
The violation consists of or includes the offender's articulated or
demonstrated refusal to participate in the community control sanction
imposed on the offender or any of its conditions, and the refusal
demonstrates to the court that the offender has abandoned the objects
of the community control sanction or condition.

Sec.
2929.16.
(A)
Except as provided in this division, the court imposing a sentence
for a felony upon an offender who is not required to serve a
mandatory prison term may impose any community residential sanction
or combination of community residential sanctions under this section.
The court imposing a sentence for a fourth degree felony OVI offense
under division (G)(1) or (2) of section 2929.13 of the Revised Code
or for a third degree felony OVI offense under division (G)(2) of
that section may impose upon the offender, in addition to the
mandatory term of local incarceration or mandatory prison term
imposed under the applicable division, a community residential
sanction or combination of community residential sanctions under this
section, and the offender shall serve or satisfy the sanction or
combination of sanctions after the offender has served the mandatory
term of local incarceration or mandatory prison term required for the
offense. Community residential sanctions include, but are not limited
to, the following:

(1)
Except as otherwise provided in division (A)(6) of this section, a
term of up to six months at a community-based correctional facility
that serves the county;

(2)
Except as otherwise provided in division (A)(3) or (6) of this
section and subject to division (D) of this section, a term of up to
six months in a jail;

(3)
If the offender is convicted of a fourth degree felony OVI offense
and is sentenced under division (G)(1) of section 2929.13 of the
Revised Code, subject to division (D) of this section, a term of up
to one year in a jail less the mandatory term of local incarceration
of sixty or one hundred twenty consecutive days of imprisonment
imposed pursuant to that division;

(4)
A term in a halfway house;

(5)
A term in an alternative residential facility;

(6)
If the offender is sentenced to a community control sanction and
violates the conditions of the sanction, a new term of up to six
months in a community-based correctional facility that serves the
county, in a halfway house,
a
work-release program,
or
in a jail, which term shall be in addition to any other term imposed
under this division.

(B)
The court that assigns any offender convicted of a felony to a
residential sanction under this section may authorize the offender to
be released so that the offender may seek or maintain employment,
receive education or training, or receive treatment. A release
pursuant to this division shall be only for the duration of time that
is needed to fulfill the purpose of the release and for travel that
reasonably is necessary to fulfill the purposes of the release.

(C)
If the court assigns an offender to a county jail that is not a
minimum security misdemeanant jail in a county that has established a
county jail industry program pursuant to section 5147.30 of the
Revised Code, the court shall specify, as part of the sentence,
whether the sheriff of that county may consider the offender for
participation in the county jail industry program. During the
offender's term in the county jail, the court shall retain
jurisdiction to modify its specification upon a reassessment of the
offender's qualifications for participation in the program.

(D)
If a court sentences an offender to a term in jail under division
(A)(2), (3), or (6) of this section and if the sentence is imposed
for a felony of the fourth or fifth degree that is not an offense of
violence, the court may specify that it prefers that the offender
serve the term in a minimum security jail established under section
341.34 or 753.21 of the Revised Code. If the court includes a
specification of that type in the sentence and if the administrator
of the appropriate minimum security jail or the designee of that
administrator classifies the offender in accordance with section
341.34 or 753.21 of the Revised Code as a minimal security risk, the
offender shall serve the term in the minimum security jail
established under section 341.34 or 753.21 of the Revised Code.
Absent a specification of that type and a finding of that type, the
offender shall serve the term in a jail other than a minimum security
jail established under section 341.34 or 753.21 of the Revised Code.

(E)
If a person who has been convicted of or pleaded guilty to a felony
is sentenced to a community residential sanction as described in
division (A) of this section, at the time of reception and at other
times the person in charge of the operation of the community-based
correctional facility, jail, halfway house, alternative residential
facility, or other place at which the offender will serve the
residential sanction determines to be appropriate, the person in
charge of the operation of the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
may cause the convicted offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including but not limited to
hepatitis A, B, and C, and other contagious diseases. The person in
charge of the operation of the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
at which the offender will serve the residential sanction may cause a
convicted offender in the community-based correctional facility,
jail, halfway house, alternative residential facility, or other place
who refuses to be tested or treated for tuberculosis, HIV infection,
hepatitis, including but not limited to hepatitis A, B, and C, or
another contagious disease to be tested and treated involuntarily.

Sec.
2929.25.
(A)(1)
Except as provided in sections 2929.22 and 2929.23 of the Revised
Code or when a jail term is required by law, in sentencing an
offender for a misdemeanor, other than a minor misdemeanor, the
sentencing court may do either of the following:

(a)
Directly impose a sentence that consists of one or more community
control sanctions authorized by section 2929.26, 2929.27, or 2929.28
of the Revised Code. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate. If the court imposes a jail term upon the offender, the
court may impose any community control sanction or combination of
community control sanctions in addition to the jail term.

(b)
Impose a jail term under section 2929.24 of the Revised Code from the
range of jail terms authorized under that section for the offense,
suspend all or a portion of the jail term imposed, and place the
offender under a community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code.

(2)
The duration of all community control sanctions imposed upon an
offender and in effect for an offender at any time shall not exceed
five years.

(3)
At sentencing, if a court directly imposes a community control
sanction or combination of community control sanctions pursuant to
division (A)(1)(a) or (B) of this section, the court shall state the
duration of the community control sanctions imposed and shall notify
the offender that if any of the conditions of the community control
sanctions are violated the court may do any of the following:

(a)
Impose a longer time under the same community control sanction if the
total time under all of the offender's community control sanctions
does not exceed the five-year limit specified in division (A)(2) of
this section;

(b)
Impose a more restrictive community control sanction under section
2929.26, 2929.27, or 2929.28 of the Revised Code, but the court is
not required to impose any particular sanction or sanctions;

(c)
Impose a definite jail term from the range of jail terms authorized
for the offense under section 2929.24 of the Revised Code.

(B)
If a court sentences an offender to any community control sanction or
combination of community control sanctions pursuant to division
(A)(1)(a) of this section, the sentencing court retains jurisdiction
over the offender and the period of community control for the
duration of the period of community control. Upon the motion of
either party or on the court's own motion, the court, in the court's
sole discretion and as the circumstances warrant, may modify the
community control sanctions or conditions of release previously
imposed, substitute a community control sanction or condition of
release for another community control sanction or condition of
release previously imposed, or impose an additional community control
sanction or condition of release.

(C)(1)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized under section
2929.26, 2929.27, or 2929.28 of the Revised Code, the court shall
place the offender under the general control and supervision of the
court or of a department of probation in the jurisdiction that serves
the court for purposes of reporting to the court a violation of any
of the conditions of the sanctions imposed. If the offender resides
in another jurisdiction and a department of probation has been
established to serve the municipal court or county court in that
jurisdiction, the sentencing court may request the municipal court or
the county court to receive the offender into the general control and
supervision of that department of probation for purposes of reporting
to the sentencing court a violation of any of the conditions of the
sanctions imposed. The sentencing court retains jurisdiction over any
offender whom it sentences for the duration of the sanction or
sanctions imposed.

(2)
The sentencing court shall require as a condition of any community
control sanction that the offender abide by the law and not leave the
state without the permission of the court or the offender's probation
officer. In the interests of doing justice, rehabilitating the
offender, and ensuring the offender's good behavior, the court may
impose additional requirements on the offender. The offender's
compliance with the additional requirements also shall be a condition
of the community control sanction imposed upon the offender.

(D)(1)
If the court imposing sentence upon an offender sentences the
offender to any community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if the offender violates
any of the conditions of the sanctions, the public or private person
or entity that supervises or administers the program or activity that
comprises the sanction shall report the violation directly to the
sentencing court or to the department of probation or probation
officer with general control and supervision over the offender. If
the public or private person or entity reports the violation to the
department of probation or probation officer, the department or
officer shall report the violation to the sentencing court.

(2)
Except as provided in division (D)(3) of this section, if an offender
violates any condition of a community control sanction, the
sentencing court may impose upon the violator one or more of the
following penalties:

(a)
A longer time under the same community control sanction if the total
time under all of the community control sanctions imposed on the
violator does not exceed the five-year limit specified in division
(A)(2) of this section;

(b)
A more restrictive community control sanction;

(c)
A combination of community control sanctions, including a jail term

or a term in a work-release program
.

(3)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision under section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (D)(2) of this
section based on the violation.

(4)
If the court imposes a jail term
or
a term in a work-release program
upon
a violator pursuant to division (D)(2) of this section, the total
time spent in jail
or
in a work-release program
for
the misdemeanor offense and the violation of a condition of the
community control sanction shall not exceed the maximum jail term
or
term in a work-release program
available
for the offense for which the sanction that was violated was imposed.
The court may reduce the longer period of time that the violator is
required to spend under the longer sanction or the more restrictive
sanction imposed under division (D)(2) of this section by all or part
of the time the violator successfully spent under the sanction that
was initially imposed.

(E)
Except as otherwise provided in this division, if an offender, for a
significant period of time, fulfills the conditions of a community
control sanction imposed pursuant to section 2929.26, 2929.27, or
2929.28 of the Revised Code in an exemplary manner, the court may
reduce the period of time under the community control sanction or
impose a less restrictive community control sanction. Fulfilling the
conditions of a community control sanction does not relieve the
offender of a duty to make restitution under section 2929.28 of the
Revised Code.

Sec.
2967.131.
(A)
In addition to any other terms and conditions of a conditional pardon
or parole, of transitional control, or of another form of authorized
release from confinement in a state correctional institution that is
granted to an individual and that involves the placement of the
individual under the supervision of the adult parole authority, and
in addition to any other sanctions of post-release control of a felon
imposed under section 2967.28 of the Revised Code, the authority or,
in the case of a conditional pardon, the governor shall include in
the terms and conditions of the conditional pardon, parole,
transitional control, or other form of authorized release or shall
include as conditions of the post-release control the conditions that
the individual or felon not leave the state without permission of the
court or the individual's or felon's parole or probation officer and
that the individual or felon abide by the law during the period of
the individual's or felon's conditional pardon, parole, transitional
control, other form of authorized release, or post-release control.

(B)(1)
The department of rehabilitation and correction, as a condition of
parole or post-release control, may require that the individual or
felon shall not ingest or be injected with a drug of abuse and shall
submit to random drug testing as provided in divisions (B)(2), (3),
and (4) of this section and that the results of the drug test
indicate that the individual or felon did not ingest or was not
injected with a drug of abuse.

(2)
If the adult parole authority has general control and supervision of
an individual or felon who is required to submit to random drug
testing as a condition of parole or post-release control under
division (B)(1) of this section, the authority may cause the
individual or felon to submit to random drug testing performed by a
laboratory or entity that has entered into a contract with any of the
governmental entities or officers authorized to enter into a contract
with that laboratory or entity under section 341.26, 753.33, or
5120.63 of the Revised Code.

(3)
If no laboratory or entity described in division (B)(2) of this
section has entered into a contract as specified in that division,
the adult parole authority shall cause the individual or felon to
submit to random drug testing performed by a reputable public
laboratory to determine whether the individual or felon who is the
subject of the drug test ingested or was injected with a drug of
abuse.

(4)
If a laboratory or entity has entered into a contract with a
governmental entity or officer as specified in division (B)(2) of
this section, the laboratory or entity shall perform the random drug
testing under division (B)(2) of this section in accordance with the
applicable standards that are included in the terms of that contract.
A public laboratory shall perform the random drug tests under
division (B)(3) of this section in accordance with the standards set
forth in the policies and procedures established by the department of
rehabilitation and correction pursuant to section 5120.63 of the
Revised Code. An individual or felon who is required under division
(B)(1) of this section to submit to random drug testing as a
condition of parole or post-release control and whose test results
indicate that the individual or felon ingested or was injected with a
drug of abuse shall pay the fee for the drug test if the adult parole
authority requires payment of a fee. A laboratory or entity that
performs the random drug testing on a parolee or releasee under
division (B)(2) or (3) of this section shall transmit the results of
the drug test to the adult parole authority.

(C)(1)
During the period of a conditional pardon or parole, of transitional
control, or of another form of authorized release from confinement in
a state correctional institution that is granted to an individual and
that involves the placement of the individual under the supervision
of the adult parole authority, and during a period of post-release
control of a felon imposed under section 2967.28 of the Revised Code,
authorized field officers of the authority who are engaged within the
scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the individual or felon, the
place of residence of the individual or felon, and a motor vehicle,
another item of tangible or intangible personal property, or other
real property in which the individual or felon has a right, title, or
interest or for which the individual or felon has the express or
implied permission of a person with a right, title, or interest to
use, occupy, or possess, if any of the following apply:

(a)
The field officers have reasonable grounds to believe that the
individual or felon has left the state, is not abiding by the law, or
otherwise is not complying with the terms and conditions of the
individual's or felon's conditional pardon, parole, transitional
control, other form of authorized release, or post-release control.

(b)
The adult parole authority requires the individual's or felon's
consent to searches as part of the terms and conditions of the
conditional pardon or parole, of the transitional control, of the
other form of authorized release from confinement in a state
correctional institution that is granted to a person, or of the
post-release control and that involves the placement of the person
under the supervision of the adult parole authority, and the
individual or felon agreed to those terms and conditions, provided
that this division applies with respect to an individual only if the
individual is a felon.

(c)
The individual or felon otherwise provides consent for the search,
provided that this division applies with respect to an individual
only if the individual is a felon.

(2)
The adult parole authority shall provide each individual who is
granted a conditional pardon or parole, transitional control, or
another form of authorized release from confinement in a state
correctional institution and each felon who is under post-release
control with a written notice that informs the individual or felon
that authorized field officers of the authority who are engaged
within the scope of their supervisory duties or responsibilities may
conduct the types of searches described in division (C)(1) of this
section during the period of the conditional pardon, parole,
transitional control, other form of authorized release, or
post-release control if any of the following apply:

(a)
The field officers have reasonable grounds to believe that the
individual or felon has left the state, is not abiding by the law, or
otherwise is not complying with the terms and conditions of the
individual's or felon's conditional pardon, parole, transitional
control, other form of authorized release, or post-release control.

(b)
The adult parole authority requires the individual's or felon's
consent to searches as part of the terms and conditions of the
conditional pardon or parole, of transitional control, of the other
form of authorized release from confinement in a state correctional
institution that is granted to a person, or of the post-release
control and that involves the placement of the person under the
supervision of the adult parole authority, and the individual or
felon agreed to those terms and conditions, provided that this
division applies with respect to an individual only if the individual
is a felon.

(c)
The individual or felon otherwise provides consent for the search,
provided that this division applies with respect to an individual
only if the individual is a felon.

(D)
The department of rehabilitation and correction, as a condition of
parole or post-release control, may require the individual or felon
to do any of the following:

(1)
Seek and obtain employment or visit an employment service to review
available positions or utilize other recommended resources in seeking
employment, until employment is secured;

(2)
Participate in educational or vocational training, or in a workforce
development program;

(3)
Participate in community service.

Sec.
2967.15.
(A)
(A)(1)

If an adult parole authority field officer has reasonable cause to
believe that a person who is a parolee or releasee, who is under
transitional control, or who is under another form of authorized
release and who is under the supervision of the adult parole
authority has violated or is violating the condition of a conditional
pardon, parole, other form of authorized release, transitional
control, or post-release control specified in division (A) of section
2967.131 of the Revised Code or any other term or condition of the
person's conditional pardon, parole, other form of authorized
release, transitional control, or post-release control, the field
officer may arrest the person without a warrant or order a peace
officer to arrest the person without a warrant.

(2)
The adult parole authority may arrest a person described above in a
residence, including residences other than the approved residence of
the person, if there is probable cause to believe that the person is
residing at the residence or there is probable cause to believe that
the person is currently present on the premises.

(3)

A
person so arrested shall be confined in the jail of the county in
which the person is arrested or in another facility designated by the
chief of the adult parole authority until a determination is made
regarding the person's release status. Upon making an arrest under
this section, the arresting or supervising adult parole authority
field officer promptly shall notify the superintendent of parole
supervision or the superintendent's designee, in writing, that the
person has been arrested and is in custody and submit an appropriate
report of the reason for the arrest.

(B)
Except as otherwise provided in this division, prior to the
revocation by the adult parole authority of a person's pardon,
parole, or other release and prior to the imposition by the parole
board or adult parole authority of a new prison term as a
post-release control sanction for a person, the adult parole
authority shall grant the person a hearing in accordance with rules
adopted by the department of rehabilitation and correction under
Chapter 119. of the Revised Code. The adult parole authority is not
required to grant the person a hearing if the person is convicted of
or pleads guilty to an offense that the person committed while
released on a pardon, on parole, or another form of release, or on
post-release control and upon which the revocation of the person's
pardon, parole, other release, or post-release control is based.

If
a person who has been pardoned is found to be a violator of the
conditions of the parolee's conditional pardon or commutation of
sentence, the authority forthwith shall transmit to the governor its
recommendation concerning that violation, and the violator shall be
retained in custody until the governor issues an order concerning
that violation.

If
the authority fails to make a determination of the case of a parolee
or releasee alleged to be a violator of the terms and conditions of
the parolee's or releasee's conditional pardon, parole, other
release, or post-release control sanctions within a reasonable time,
the parolee or releasee shall be released from custody under the same
terms and conditions of the parolee's or releasee's original
conditional pardon, parole, other release, or post-release control
sanctions.

(C)(1)
If a person who is a parolee or releasee, who is under transitional
control, or who is under another form of authorized release under the
supervision of the adult parole authority absconds from supervision,
the supervising adult parole authority field officer shall report
that fact to the superintendent of parole supervision, in writing,
and the authority shall declare that person to be a violator at
large. Upon being advised of the apprehension and availability for
return of a violator at large, the superintendent of parole
supervision shall determine whether the violator at large should be
restored to parole, transitional control, another form of authorized
release, or post-release control.

The
time between the date on which a person who is a parolee or other
releasee is declared to be a violator or violator at large and the
date on which that person is returned to custody in this state under
the immediate control of the adult parole authority shall not be
counted as time served under the sentence imposed on that person or
as a part of the term of post-release control.

(2)
A person who is under transitional control or who is under any form
of authorized release under the supervision of the adult parole
authority is considered to be in custody while under the transitional
control or on release, and, if the person absconds from supervision,
the person may be prosecuted for the offense of escape.

(D)
A person who is a parolee or releasee, who is under transitional
control, or who is under another form of authorized release under the
supervision of the adult parole authority and who has violated a term
or condition of the person's conditional pardon, parole, transitional
control, other form of authorized release, or post-release control
shall be declared to be a violator if the person is committed to a
correctional institution outside the state to serve a sentence
imposed upon the person by a federal court or a court of another
state or if the person otherwise leaves the state.

(E)
As used in this section, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.

Section
2.
That
existing sections 2929.15, 2929.16, 2929.25, 2967.131, and 2967.15 of
the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Adult Parole Authority Enhancement Act.

Section
4.
Section
2929.15 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 110, H.B. 281, and S.B. 288, all of
the 134th 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.