Revise community control sanctions for felonies and misdemeanors

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 291

2025-2026

Senators Manning, Reynolds

To
amend sections 2925.11, 2929.15, 2929.20, 2929.25, 2951.02, and
2951.07 of the Revised Code
to
change the maximum periods of community control sanctions authorized
for felonies and misdemeanors and to modify the confinement sanctions
authorized for a technical violation of community control sanction
conditions.

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

Section
1.
That
sections
2925.11,

2929.15,
2929.20, 2929.25, 2951.02, and 2951.07 of the Revised Code be amended
to read as follows:

Sec.
2925.11.
(A)
No person shall knowingly obtain, possess, or use a controlled
substance or a controlled substance analog.

(B)(1)
This section does not apply to any of the following:

(a)
Manufacturers, licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other persons whose
conduct was in accordance with Chapters 3719., 4715., 4723., 4729.,
4730., 4731., 4741., and 4772. of the Revised Code;

(b)
If the offense involves an anabolic steroid, any person who is
conducting or participating in a research project involving the use
of an anabolic steroid if the project has been approved by the United
States food and drug administration;

(c)
Any person who sells, offers for sale, prescribes, dispenses, or
administers for livestock or other nonhuman species an anabolic
steroid that is expressly intended for administration through
implants to livestock or other nonhuman species and approved for that
purpose under the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold,
offered for sale, prescribed, dispensed, or administered for that
purpose in accordance with that act;

(d)
Any person who obtained the controlled substance pursuant to a
prescription issued by a licensed health professional authorized to
prescribe drugs if the prescription was issued for a legitimate
medical purpose and not altered, forged, or obtained through
deception or commission of a theft offense.

As
used in division (B)(1)(d) of this section, "deception" and
"theft offense" have the same meanings as in section
2913.01 of the Revised Code.

(2)(a)
As used in division (B)(2) of this section:

(i)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

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

(iii)
"Health care facility" has the same meaning as in section
2919.16 of the Revised Code.

(iv)
"Minor drug possession offense" means a violation of this
section that is a misdemeanor or a felony of the fifth degree.

(v)
"Post-release control sanction" has the same meaning as in
section 2967.28 of the Revised Code.

(vi)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(vii)
"Public agency" has the same meaning as in section 2930.01
of the Revised Code.

(viii)
"Qualified individual" means a person who is acting in good
faith who seeks or obtains medical assistance for another person who
is experiencing a drug overdose, a person who experiences a drug
overdose and who seeks medical assistance for that overdose, or a
person who is the subject of another person seeking or obtaining
medical assistance for that overdose as described in division
(B)(2)(b) of this section.

(ix)
"Seek or obtain medical assistance" includes, but is not
limited to making a 9-1-1 call, contacting in person or by telephone
call an on-duty peace officer, or transporting or presenting a person
to a health care facility.

(b)
Subject to division (B)(2)(e) of this section, a qualified individual
shall not be arrested, charged, prosecuted, convicted, or penalized
pursuant to this chapter for a minor drug possession offense or a
violation of section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code if all of the following apply:

(i)
The evidence of the obtaining, possession, or use of the controlled
substance or controlled substance analog, drug abuse instruments, or
drug paraphernalia that would be the basis of the offense was
obtained as a result of the qualified individual seeking the medical
assistance or experiencing an overdose and needing medical
assistance.

(ii)
Subject to division (B)(2)(f) of this section, within thirty days
after seeking or obtaining the medical assistance, the qualified
individual seeks and obtains a screening and receives a referral for
treatment from a community addiction services provider or a properly
credentialed addiction treatment professional.

(iii)
Subject to division (B)(2)(f) of this section, the qualified
individual who obtains a screening and receives a referral for
treatment under division (B)(2)(b)(ii) of this section, upon the
request of any prosecuting attorney, submits documentation to the
prosecuting attorney that verifies that the qualified individual
satisfied the requirements of that division. The documentation shall
be limited to the date and time of the screening obtained and
referral received.

(c)
If a person who is serving a community control sanction or is under a
sanction on post-release control acts pursuant to division (B)(2)(b)
of this section, then division (B) of section 2929.141, division
(B)
(2)
(3)

of section 2929.15, division (D)
(3)
(4)

of section 2929.25, or division (F)(3) of section 2967.28 of the
Revised Code applies to the person with respect to any violation of
the sanction or post-release control sanction based on a minor drug
possession offense, as defined in section 2925.11 of the Revised
Code, or a violation of section 2925.12, division (C)(1) of section
2925.14, or section 2925.141 of the Revised Code.

(d)
Nothing in division (B)(2)(b) of this section shall be construed to
do any of the following:

(i)
Limit the admissibility of any evidence in connection with the
investigation or prosecution of a crime with regards to a defendant
who does not qualify for the protections of division (B)(2)(b) of
this section or with regards to any crime other than a minor drug
possession offense or a violation of section 2925.12, division (C)(1)
of section 2925.14, or section 2925.141 of the Revised Code committed
by a person who qualifies for protection pursuant to division
(B)(2)(b) of this section;

(ii)
Limit any seizure of evidence or contraband otherwise permitted by
law;

(iii)
Limit or abridge the authority of a peace officer to detain or take
into custody a person in the course of an investigation or to
effectuate an arrest for any offense except as provided in that
division;

(iv)
Limit, modify, or remove any immunity from liability available
pursuant to law in effect prior to September 13, 2016, to any public
agency or to an employee of any public agency.

(e)
Division (B)(2)(b) of this section does not apply to any person who
twice previously has been granted an immunity under division
(B)(2)(b) of this section. No person shall be granted an immunity
under division (B)(2)(b) of this section more than two times.

(f)
Nothing in this section shall compel any qualified individual to
disclose protected health information in a way that conflicts with
the requirements of the "Health Insurance Portability and
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat.
2021, 42 U.S.C. 1320d et seq., as amended, and regulations
promulgated by the United States department of health and human
services to implement the act or the requirements of 42 C.F.R. Part
2.

(C)
Whoever violates division (A) of this section is guilty of one of the
following:

(1)
If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related
compound, hashish, and any controlled substance analog, whoever
violates division (A) of this section is guilty of aggravated
possession of drugs. The penalty for the offense shall be determined
as follows:

(a)
Except as otherwise provided in division (C)(1)(b), (c), (d), or (e)
of this section, aggravated possession of drugs is a felony of the
fifth degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds the bulk amount
but is less than five times the bulk amount, aggravated possession of
drugs is a felony of the third degree, and there is a presumption for
a prison term for the offense.

(c)
If the amount of the drug involved equals or exceeds five times the
bulk amount but is less than fifty times the bulk amount, aggravated
possession of drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term a second degree felony
mandatory prison term.

(d)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount but is less than one hundred times the bulk amount,
aggravated possession of drugs is a felony of the first degree, and
the court shall impose as a mandatory prison term a first degree
felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds one hundred
times the bulk amount, aggravated possession of drugs is a felony of
the first degree, the offender is a major drug offender, and the
court shall impose as a mandatory prison term a maximum first degree
felony mandatory prison term.

(2)
If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule III, IV, or V, whoever
violates division (A) of this section is guilty of possession of
drugs. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(2)(b), (c), or (d) of
this section, possession of drugs is a misdemeanor of the first
degree or, if the offender previously has been convicted of a drug
abuse offense, a felony of the fifth degree.

(b)
If the amount of the drug involved equals or exceeds the bulk amount
but is less than five times the bulk amount, possession of drugs is a
felony of the fourth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(c)
If the amount of the drug involved equals or exceeds five times the
bulk amount but is less than fifty times the bulk amount, possession
of drugs is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount, possession of drugs is a felony of the second degree,
and the court shall impose upon the offender as a mandatory prison
term a second degree felony mandatory prison term.

(3)
If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish, whoever violates division (A) of this section is guilty of
possession of marihuana. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division (C)(3)(b), (c), (d), (e),
(f), or (g) of this section, possession of marihuana is a minor
misdemeanor.

(b)
If the amount of the drug involved equals or exceeds one hundred
grams but is less than two hundred grams, possession of marihuana is
a misdemeanor of the fourth degree.

(c)
If the amount of the drug involved equals or exceeds two hundred
grams but is less than one thousand grams, possession of marihuana is
a felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(d)
If the amount of the drug involved equals or exceeds one thousand
grams but is less than five thousand grams, possession of marihuana
is a felony of the third degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison
term on the offender.

(e)
If the amount of the drug involved equals or exceeds five thousand
grams but is less than twenty thousand grams, possession of marihuana
is a felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense.

(f)
If the amount of the drug involved equals or exceeds twenty thousand
grams but is less than forty thousand grams, possession of marihuana
is a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term of
five, six, seven, or eight years.

(g)
If the amount of the drug involved equals or exceeds forty thousand
grams, possession of marihuana is a felony of the second degree, and
the court shall impose as a mandatory prison term a maximum second
degree felony mandatory prison term.

(4)
If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever
violates division (A) of this section is guilty of possession of
cocaine. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(4)(b), (c), (d), (e), or
(f) of this section, possession of cocaine is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds five grams but
is less than ten grams of cocaine, possession of cocaine is a felony
of the fourth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison term
on the offender.

(c)
If the amount of the drug involved equals or exceeds ten grams but is
less than twenty grams of cocaine, possession of cocaine is a felony
of the third degree, and, except as otherwise provided in this
division, there is a presumption for a prison term for the offense.
If possession of cocaine is a felony of the third degree under this
division and if the offender two or more times previously has been
convicted of or pleaded guilty to a felony drug abuse offense, the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the third degree.

(d)
If the amount of the drug involved equals or exceeds twenty grams but
is less than twenty-seven grams of cocaine, possession of cocaine is
a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds twenty-seven
grams but is less than one hundred grams of cocaine, possession of
cocaine is a felony of the first degree, and the court shall impose
as a mandatory prison term a first degree felony mandatory prison
term.

(f)
If the amount of the drug involved equals or exceeds one hundred
grams of cocaine, possession of cocaine is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(5)
If the drug involved in the violation is L.S.D., whoever violates
division (A) of this section is guilty of possession of L.S.D. The
penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(5)(b), (c), (d), (e), or
(f) of this section, possession of L.S.D. is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of L.S.D. involved equals or exceeds ten unit doses but
is less than fifty unit doses of L.S.D. in a solid form or equals or
exceeds one gram but is less than five grams of L.S.D. in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
L.S.D. is a felony of the fourth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(c)
If the amount of L.S.D. involved equals or exceeds fifty unit doses,
but is less than two hundred fifty unit doses of L.S.D. in a solid
form or equals or exceeds five grams but is less than twenty-five
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, possession of L.S.D. is a felony of the third
degree, and there is a presumption for a prison term for the offense.

(d)
If the amount of L.S.D. involved equals or exceeds two hundred fifty
unit doses but is less than one thousand unit doses of L.S.D. in a
solid form or equals or exceeds twenty-five grams but is less than
one hundred grams of L.S.D. in a liquid concentrate, liquid extract,
or liquid distillate form, possession of L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison term
a second degree felony mandatory prison term.

(e)
If the amount of L.S.D. involved equals or exceeds one thousand unit
doses but is less than five thousand unit doses of L.S.D. in a solid
form or equals or exceeds one hundred grams but is less than five
hundred grams of L.S.D. in a liquid concentrate, liquid extract, or
liquid distillate form, possession of L.S.D. is a felony of the first
degree, and the court shall impose as a mandatory prison term a first
degree felony mandatory prison term.

(f)
If the amount of L.S.D. involved equals or exceeds five thousand unit
doses of L.S.D. in a solid form or equals or exceeds five hundred
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, possession of L.S.D. is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(6)
If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin, whoever
violates division (A) of this section is guilty of possession of
heroin. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(6)(b), (c), (d), (e), or
(f) of this section, possession of heroin is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds ten unit doses
but is less than fifty unit doses or equals or exceeds one gram but
is less than five grams, possession of heroin is a felony of the
fourth degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.

(c)
If the amount of the drug involved equals or exceeds fifty unit doses
but is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, possession of heroin is a felony of
the third degree, and there is a presumption for a prison term for
the offense.

(d)
If the amount of the drug involved equals or exceeds one hundred unit
doses but is less than five hundred unit doses or equals or exceeds
ten grams but is less than fifty grams, possession of heroin is a
felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams, possession of
heroin is a felony of the first degree, and the court shall impose as
a mandatory prison term a first degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams, possession of
heroin is a felony of the first degree, the offender is a major drug
offender, and the court shall impose as a mandatory prison term a
maximum first degree felony mandatory prison term.

(7)
If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish, whoever
violates division (A) of this section is guilty of possession of
hashish. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(7)(b), (c), (d), (e),
(f), or (g) of this section, possession of hashish is a minor
misdemeanor.

(b)
If the amount of the drug involved equals or exceeds five grams but
is less than ten grams of hashish in a solid form or equals or
exceeds one gram but is less than two grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a misdemeanor of the fourth degree.

(c)
If the amount of the drug involved equals or exceeds ten grams but is
less than fifty grams of hashish in a solid form or equals or exceeds
two grams but is less than ten grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a felony of the fifth degree, and division (B) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(d)
If the amount of the drug involved equals or exceeds fifty grams but
is less than two hundred fifty grams of hashish in a solid form or
equals or exceeds ten grams but is less than fifty grams of hashish
in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.

(e)
If the amount of the drug involved equals or exceeds two hundred
fifty grams but is less than one thousand grams of hashish in a solid
form or equals or exceeds fifty grams but is less than two hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the third
degree, and there is a presumption that a prison term shall be
imposed for the offense.

(f)
If the amount of the drug involved equals or exceeds one thousand
grams but is less than two thousand grams of hashish in a solid form
or equals or exceeds two hundred grams but is less than four hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term a
second degree felony mandatory prison term of five, six, seven, or
eight years.

(g)
If the amount of the drug involved equals or exceeds two thousand
grams of hashish in a solid form or equals or exceeds four hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term a
maximum second degree felony mandatory prison term.

(8)
If the drug involved is a controlled substance analog or compound,
mixture, preparation, or substance that contains a controlled
substance analog, whoever violates division (A) of this section is
guilty of possession of a controlled substance analog. The penalty
for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(8)(b), (c), (d), (e), or
(f) of this section, possession of a controlled substance analog is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(b)
If the amount of the drug involved equals or exceeds ten grams but is
less than twenty grams, possession of a controlled substance analog
is a felony of the fourth degree, and there is a presumption for a
prison term for the offense.

(c)
If the amount of the drug involved equals or exceeds twenty grams but
is less than thirty grams, possession of a controlled substance
analog is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds thirty grams but
is less than forty grams, possession of a controlled substance analog
is a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds forty grams but
is less than fifty grams, possession of a controlled substance analog
is a felony of the first degree, and the court shall impose as a
mandatory prison term a first degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds fifty grams,
possession of a controlled substance analog is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(9)
If the drug involved in the violation is a compound, mixture,
preparation, or substance that is a combination of a fentanyl-related
compound and marihuana, one of the following applies:

(a)
Except as otherwise provided in division (C)(9)(b) of this section,
the offender is guilty of possession of marihuana and shall be
punished as provided in division (C)(3) of this section. Except as
otherwise provided in division (C)(9)(b) of this section, the
offender is not guilty of possession of a fentanyl-related compound
under division (C)(11) of this section and shall not be charged with,
convicted of, or punished under division (C)(11) of this section for
possession of a fentanyl-related compound.

(b)
If the offender knows or has reason to know that the compound,
mixture, preparation, or substance that is the drug involved contains
a fentanyl-related compound, the offender is guilty of possession of
a fentanyl-related compound and shall be punished under division
(C)(11) of this section.

(10)
If the drug involved in the violation is a compound, mixture,
preparation, or substance that is a combination of a fentanyl-related
compound and any schedule III, schedule IV, or schedule V controlled
substance that is not a fentanyl-related compound, one of the
following applies:

(a)
Except as otherwise provided in division (C)(10)(b) of this section,
the offender is guilty of possession of drugs and shall be punished
as provided in division (C)(2) of this section. Except as otherwise
provided in division (C)(10)(b) of this section, the offender is not
guilty of possession of a fentanyl-related compound under division
(C)(11) of this section and shall not be charged with, convicted of,
or punished under division (C)(11) of this section for possession of
a fentanyl-related compound.

(b)
If the offender knows or has reason to know that the compound,
mixture, preparation, or substance that is the drug involved contains
a fentanyl-related compound, the offender is guilty of possession of
a fentanyl-related compound and shall be punished under division
(C)(11) of this section.

(11)
If the drug involved in the violation is a fentanyl-related compound
and neither division (C)(9)(a) nor division (C)(10)(a) of this
section applies to the drug involved, or is a compound, mixture,
preparation, or substance that contains a fentanyl-related compound
or is a combination of a fentanyl-related compound and any other
controlled substance and neither division (C)(9)(a) nor division
(C)(10)(a) of this section applies to the drug involved, whoever
violates division (A) of this section is guilty of possession of a
fentanyl-related compound. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division (C)(11)(b), (c), (d), (e),
(f), or (g) of this section, possession of a fentanyl-related
compound is a felony of the fifth degree, and division (B) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(b)
If the amount of the drug involved equals or exceeds ten unit doses
but is less than fifty unit doses or equals or exceeds one gram but
is less than five grams, possession of a fentanyl-related compound is
a felony of the fourth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(c)
If the amount of the drug involved equals or exceeds fifty unit doses
but is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, possession of a fentanyl-related
compound is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds one hundred unit
doses but is less than two hundred unit doses or equals or exceeds
ten grams but is less than twenty grams, possession of a
fentanyl-related compound is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree.

(e)
If the amount of the drug involved equals or exceeds two hundred unit
doses but is less than five hundred unit doses or equals or exceeds
twenty grams but is less than fifty grams, possession of a
fentanyl-related compound is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.

(f)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams, possession of
a fentanyl-related compound is a felony of the first degree, and the
court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree.

(g)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams, possession of a
fentanyl-related compound is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a felony
of the first degree.

(D)
Arrest or conviction for a minor misdemeanor violation of this
section does not constitute a criminal record and need not be
reported by the person so arrested or convicted in response to any
inquiries about the person's criminal record, including any inquiries
contained in any application for employment, license, or other right
or privilege, or made in connection with the person's appearance as a
witness.

(E)
In addition to any prison term or jail term authorized or required by
division (C) of this section and sections 2929.13, 2929.14, 2929.22,
2929.24, and 2929.25 of the Revised Code and in addition to any other
sanction that is imposed for the offense under this section, sections
2929.11 to 2929.18, or sections 2929.21 to 2929.28 of the Revised
Code, if applicable, the court also shall do the following:

(1)(a)
If the violation is a felony of the first, second, or third degree,
the court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18 of the
Revised Code unless, as specified in that division, the court
determines that the offender is indigent.

(b)
Notwithstanding any contrary provision of section 3719.21 of the
Revised Code, the clerk of the court shall pay a mandatory fine or
other fine imposed for a violation of this section pursuant to
division (A) of section 2929.18 of the Revised Code in accordance
with and subject to the requirements of division (F) of section
2925.03 of the Revised Code. The agency that receives the fine shall
use the fine as specified in division (F) of section 2925.03 of the
Revised Code.

(c)
If a person is charged with a violation of this section that is a
felony of the first, second, or third degree, posts bail, and
forfeits the bail, the clerk shall pay the forfeited bail pursuant to
division (E)(1)(b) of this section as if it were a mandatory fine
imposed under division (E)(1)(a) of this section.

(2)
If the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the court
immediately shall comply with section 2925.38 of the Revised Code.

(3)
If the offender has a driver's or commercial driver's license or
permit, section 2929.33 of the Revised Code applies.

(F)
It is an affirmative defense, as provided in section 2901.05 of the
Revised Code, to a charge of a fourth degree felony violation under
this section that the controlled substance that gave rise to the
charge is in an amount, is in a form, is prepared, compounded, or
mixed with substances that are not controlled substances in a manner,
or is possessed under any other circumstances, that indicate that the
substance was possessed solely for personal use. Notwithstanding any
contrary provision of this section, if, in accordance with section
2901.05 of the Revised Code, an accused who is charged with a fourth
degree felony violation of division (C)(2), (4), (5), or (6) of this
section sustains the burden of going forward with evidence of and
establishes by a preponderance of the evidence the affirmative
defense described in this division, the accused may be prosecuted for
and may plead guilty to or be convicted of a misdemeanor violation of
division (C)(2) of this section or a fifth degree felony violation of
division (C)(4), (5), or (6) of this section respectively.

(G)
When a person is charged with possessing a bulk amount or multiple of
a bulk amount, division (E) of section 2925.03 of the Revised Code
applies regarding the determination of the amount of the controlled
substance involved at the time of the offense.

(H)
It is an affirmative defense to a charge of possession of a
controlled substance analog under division (C)(8) of this section
that the person charged with violating that offense obtained,
possessed, or used one of the following items that are excluded from
the meaning of "controlled substance analog" under section
3719.01 of the Revised Code:

(1)
A controlled substance;

(2)
Any substance for which there is an approved new drug application;

(3)
With respect to a particular person, any substance if an exemption is
in effect for investigational use for that person pursuant to federal
law to the extent that conduct with respect to that substance is
pursuant to that exemption.

(I)
Any offender who received a mandatory suspension of the offender's
driver's or commercial driver's license or permit under this section
prior to September 13, 2016, may file a motion with the sentencing
court requesting the termination of the suspension. However, an
offender who pleaded guilty to or was convicted of a violation of
section 4511.19 of the Revised Code or a substantially similar
municipal ordinance or law of another state or the United States that
arose out of the same set of circumstances as the violation for which
the offender's license or permit was suspended under this section
shall not file such a motion.

Upon
the filing of a motion under division (I) of this section, the
sentencing court, in its discretion, may terminate the suspension.

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

Except
as provided in divisions (B)(1)(c), (d), and (e) of this section, the

duration
of all community control sanctions imposed on an offender under this
division shall not exceed five years

for any felony of the first or second degree and three years for any
felony of the third, fourth, or fifth degree
.
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)
(E)

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)
(B)(3)

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

Subject
to division (B)(1)(g) of this section, 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
the
applicable limit in division (A) of this section
;

(b)

A

Subject
to division (B)(1)(g) of this section, 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, or jail
pursuant to division (A)(6) of section 2929.16 of the Revised Code;

(c)

A

If
the offender is serving the community control sanction for any felony
of the third, fourth, or fifth degree, and subject to divisions
(B)(1)(f) and (g) of this section, a term of not more than one year
under the same sanction if the total time under the sanction does not
exceed five years, and if the court finds all of the following:

(i)
The offender, while serving the projected last twelve months of the
offender's community control sanction, violates the conditions of the
sanction, other than a technical violation;

(ii)
The imposition of the term is necessary so that the offender may
participate in a specialized docket program, programming in a
community-based correctional facility or halfway house, or other
specified program, the duration of which is longer than the remaining
time on community control;

(iii)
The imposition of the term will reduce the risk of the offender
reoffending.

(d)
If the offender is serving the community control sanction for any
felony of the third, fourth, or fifth degree, and subject to
divisions (B)(1)(f) and (g) of this section, a term of not more than
one year under the same sanction if the total time under the sanction
does not exceed five years and the court conducts a hearing and finds
either of the following:

(i)
In the six months prior to the hearing, the offender has consistently
demonstrated a willful refusal to comply with required mental or
behavioral health treatment imposed as a condition of the community
control sanction, and the court cannot appropriately respond in the
remaining period of the community control sanction;

(ii)
The offender is required to complete programming as a condition of
the community control sanction, and has not completed the programming
at the conclusion of the initial supervision term.

(e)
If the offender is serving the community control sanction for any
felony of the third, fourth, or fifth degree, and is required to pay
restitution pursuant to section 2929.18 or 2929.281 of the Revised
Code, subject to division (B)(2) of this section, a longer time under
the same sanction if the total time under the sanction does not
exceed the time required for the offender to complete the restitution
payments or five years, whichever is less, if the court conducts a
hearing and finds all of the following:

(i)
The offender has consistently demonstrated a willful refusal to pay
restitution imposed as a condition of the community control sanction;

(ii)
The offender has the ability to pay restitution without suffering an
undue financial burden;

(iii)
The civil remedies and procedures described in division (D) of
section 2929.18 of the Revised Code are insufficient to allow the
victim of the offender's criminal offense or the victim's estate to
recover restitution after the period of the community control
sanction has terminated.

(f)
Subject to division (B)(1)(g) of this section, a
prison
term
on
the offender
pursuant
to section 2929.14 of the Revised Code and division
(B)(3)
(B)(4)

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
under
authority of division (B)(1)(g)(i)(IV) of this section
for
any
fourth
or subsequent
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)
(B)(3)(b)

of this section applies.

(ii)
If the prison term is imposed
under
authority of division (B)(1)(g)(i)(IV) of this section
for

any

a
fourth or subsequent
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)
(B)(3)(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)

(B)(1)(f)

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)
(B)(1)(f)

of this section for the subsequent violation or conduct.

(g)
If the conditions of the community control sanction imposed for a
felony are violated by a technical violation, one or more of the
following penalties:

(i)
A more restrictive sanction under section 2929.17 of the Revised
Code;

(ii)
A temporary incarceration sanction consisting of whichever of the
following is applicable:

(I)
For a first technical violation during the period of community
control that includes the violated sanction, a sanction of jail
incarceration of not more than fifteen days or a sanction of a term
in a community-based correctional facility, halfway house, or
alternative residential facility of not more than one hundred eighty
days;

(II)
For a second technical violation during the period of community
control that includes the violated sanction, a sanction of jail
incarceration of not more than thirty days or a sanction of a term in
a community-based correctional facility, halfway house, or
alternative residential facility of not more than one hundred eighty
days;

(III)
For a third technical violation during the period of community
control that includes the violated sanction, a sanction of jail
incarceration of not more than forty-five days or a sanction of a
term in a community-based correctional facility, halfway house, or
alternative residential facility of not more than one hundred eighty
days;

(IV)
For a fourth or subsequent technical violation during the period of
community control that includes the violated sanction, any sanction
of temporary incarceration described in divisions (B)(1)(a) to (f) of
this section.

(2)(a)
A court is not limited in the number of times it may sentence an
offender to a term described in division (B)(1)(c), (d), or (e) of
this section, if the total time under the sanction does not exceed
five years and if the court makes the required findings.

(b)
If the court imposes a term described in division (B)(1)(d) of this
section, the offender shall not be subject to any conditions of
supervision under the community control sanction except for complying
with mental or behavioral health treatment or completing required
programming during the extended term. If the court imposes a term
described in division (B)(1)(e) of this section, the offender shall
not be subject to any conditions of supervision under the community
control sanction except for payment of restitution during the
extended term.

(c)
If the court imposes a sanction of jail incarceration described in
division (B)(1)(g) of this section, the sanction may be served in
intermittent confinement, overnight, on weekends, or at any other
time that will allow the offender to continue at the offender's
occupation or care for the offender's family.

(d)
If the court imposes a sanction of jail incarceration described in
division (B)(1)(g) of this section, the court may suspend the
sanction if the offender knowingly and voluntarily agrees to comply
with inpatient or outpatient mental or behavioral treatment,
including substance abuse treatment, for a period of thirty to one
hundred eighty days as determined by the court. If the offender
successfully completes the inpatient or outpatient mental or
behavioral health treatment, the sanction shall be terminated. If the
offender does not successfully complete the mental or behavioral
health treatment, the sanction shall be reimposed.

(2)(a)
(3)(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)
(B)(1)(f)(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)
(B)(3)(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)
(4)

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,
temporary
incarceration,
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)

Within
sixty days after an offender completes two years of the conditions of
a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code the court shall determine whether the following
apply:

(a)
The offender is serving the community control sanction for any felony
of the third, fourth, or fifth degree.

(b)
The offender has not violated the conditions of the community control
sanction in the six months prior to the court's determination.

(c)
The offender has completed all programs required as a condition of
the community control sanction or, if applicable, the offender has
successfully earned a qualifying diploma, degree, or license.

(2)(a)
If the court determines that all of the conditions listed in division
(D)(1) of this section apply and that the termination will not
present a risk of serious physical harm to a person, the court shall
terminate the community control sanction and is not required to
conduct a hearing.

(b)
If the court does not terminate the community control sanction under
division (D)(2)(a) of this section, the court shall schedule a
hearing and shall notify the offender and prosecutor for the case of
the hearing. The prosecutor shall provide timely notice of the
hearing to the victim and victim's representative, if applicable. The
court shall hold the hearing not less than thirty days after the date
the court makes the determinations described in division (D)(1) of
this section and at the hearing shall determine whether the factors
in division (D)(1) of this section are met and whether termination of
the sanction presents a serious risk of physical harm to a person. If
the court, pursuant to the hearing, determines that the factors in
division (D)(1) of this section are met and that termination of the
sanction does not present a serious risk of physical harm to a
person, the court shall terminate the sanction.

(E)(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)
(E)(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)
(E)(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)
(E)(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)
(E)(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)
(F)

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.
2929.20.
(A)
As used in this section:

(1)(a)
Except as provided in division (A)(1)(b) of this section, "eligible
offender" means any person who, on or after April 7, 2009, is
serving a stated prison term that includes one or more nonmandatory
prison terms. A person may be an eligible offender and also may be an
eighty per cent-qualifying offender or, during a declared state of
emergency, a state of emergency-qualifying offender.

(b)
"Eligible offender" does not include any person who, on or
after April 7, 2009, is serving a stated prison term for any of the
following criminal offenses that was a felony and was committed while
the person held a public office in this state:

(i)
A violation of section 2921.02, 2921.03, 2921.05, 2921.31, 2921.32,
2921.41, 2921.42, or 2923.32 of the Revised Code;

(ii)
A violation of section 2913.42, 2921.04, 2921.11, or 2921.12 of the
Revised Code, when the conduct constituting the violation was related
to the duties of the offender's public office or to the offender's
actions as a public official holding that public office;

(iii)
A violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially
equivalent to any violation listed in division (A)(1)(b)(i) of this
section;

(iv)
A violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially
equivalent to any violation listed in division (A)(1)(b)(ii) of this
section, when the conduct constituting the violation was related to
the duties of the offender's public office or to the offender's
actions as a public official holding that public office;

(v)
A conspiracy to commit, attempt to commit, or complicity in
committing any offense listed in division (A)(1)(b)(i) or described
in division (A)(1)(b)(iii) of this section;

(vi)
A conspiracy to commit, attempt to commit, or complicity in
committing any offense listed in division (A)(1)(b)(ii) or described
in division (A)(1)(b)(iv) of this section, if the conduct
constituting the offense that was the subject of the conspiracy, that
would have constituted the offense attempted, or constituting the
offense in which the offender was complicit was or would have been
related to the duties of the offender's public office or to the
offender's actions as a public official holding that public office.

(2)
"State of emergency-qualifying offender" means any inmate
to whom all of the following apply:

(a)
The inmate is serving a stated prison term during a state of
emergency that is declared by the governor as a direct response to a
pandemic or public health emergency.

(b)
The geographical area covered by the declared state of emergency
includes the location at which the inmate is serving the stated
prison term described in division (A)(2)(a) of this section.

(c)
There is a direct nexus between the emergency that is the basis of
the governor's declaration of the state of emergency and the
circumstances of, and need for release of, the inmate.

(3)(a)
"Eighty per cent-qualifying offender" means an offender who
is serving a stated prison term of one year or more, on or after
April 4, 2023, who has commenced service of that stated prison term,
who is not serving a stated prison term that includes a disqualifying
prison term or a stated prison term that consists solely of one or
more restricting prison terms, and to whom either of the following
applies:

(i)
If the offender is serving a stated prison term of one year or more
that includes one or more restricting prison terms and one or more
eligible prison terms, the offender has fully served all restricting
prison terms and has served eighty per cent of that stated prison
term that remains to be served after all restricting prison terms
have been fully served.

(ii)
If the offender is serving a stated prison term of one year or more
that consists solely of one or more eligible prison terms, the
offender has served eighty per cent of that stated prison term.

(b)
For purposes of determining whether an offender is an eighty per
cent-qualifying offender under division (A)(3)(a) of this section:

(i)
If the offender's stated prison term includes consecutive prison
terms, any restricting prison terms shall be deemed served prior to
any eligible prison terms that run consecutively to the restricting
prison terms, and the eligible prison terms are deemed to commence
after all of the restricting prison terms have been fully served.

(ii)
An offender serving a stated prison term of one year or more that
includes a mandatory prison term that is not a disqualifying prison
term and is not a restricting prison term is not automatically
disqualified from being an eighty per cent-qualifying offender as a
result of the offender's service of that mandatory term for release
from prison under this section, and the offender may be eligible for
release from prison in accordance with this division and division (O)
of this section.

(4)
"Nonmandatory prison term" means a prison term that is not
a mandatory prison term.

(5)
"Public office" means any elected federal, state, or local
government office in this state.

(6)
"Victim's representative" has the same meaning as in
section 2930.01 of the Revised Code.

(7)
"Imminent danger of death," "medically incapacitated,"
and "terminal illness" have the same meanings as in section
2967.05 of the Revised Code.

(8)
"Aggregated nonmandatory prison term or terms" means the
aggregate of the following:

(a)
All nonmandatory definite prison terms;

(b)
With respect to any non-life felony indefinite prison term, all
nonmandatory minimum prison terms imposed as part of the non-life
felony indefinite prison term or terms.

(9)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.

(10)
"Disqualifying prison term" means any of the following:

(a)
A prison term imposed for aggravated murder, murder, voluntary
manslaughter, involuntary manslaughter, felonious assault,
kidnapping, rape, aggravated arson, aggravated burglary, or
aggravated robbery;

(b)
A prison term imposed for complicity in, an attempt to commit, or
conspiracy to commit any offense listed in division (A)(10)(a) of
this section;

(c)
A prison term of life imprisonment, including any term of life
imprisonment that has parole eligibility;

(d)
A prison term imposed for any 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;

(e)
A prison term imposed for any violation of section 2925.03 of the
Revised Code that is a felony of the first or second degree;

(f)
A prison term imposed for engaging in a pattern of corrupt activity
in violation of section 2923.32 of the Revised Code;

(g)
A prison term imposed pursuant to section 2971.03 of the Revised
Code;

(h)
A prison term imposed for any sexually oriented offense.

(11)
"Eligible prison term" means any prison term that is not a
disqualifying prison term and is not a restricting prison term.

(12)
"Restricting prison term" means any of the following:

(a)
A mandatory prison term imposed under division (B)(1)(a), (B)(1)(c),
(B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section 2929.14 of the
Revised Code for a specification of the type described in that
division;

(b)
In the case of an offender who has been sentenced to a mandatory
prison term for a specification of the type described in division
(A)(12)(a) of this section, the prison term imposed for the felony
offense for which the specification was stated at the end of the body
of the indictment, count in the indictment, or information charging
the offense;

(c)
A prison term imposed for trafficking in persons;

(d)
A prison term imposed for any offense that is described in division
(A)(12)(d)(i) of this section if division (A)(12)(d)(ii) of this
section applies to the offender:

(i)
The offense is a felony of the first or second degree that is an
offense of violence and that is not described in division (A)(10)(a)
or (b) of this section, an attempt to commit a felony of the first or
second degree that is an offense of violence and that is not
described in division (A)(10)(a) or (b) of this section if the
attempt is a felony of the first or second degree, or an offense
under an existing or former law of this state, another state, or the
United States that is or was substantially equivalent to any other
offense described in this division.

(ii)
The offender previously was convicted of or pleaded guilty to any
offense listed in division (A)(10) or (A)(12)(d)(i) of this section.

(13)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(14)
"Stated prison term of one year or more" means a definite
prison term of one year or more imposed as a stated prison term, or a
minimum prison term of one year or more imposed as part of a stated
prison term that is a non-life felony indefinite prison term.

(B)
On the motion of an eligible offender, on the motion of a state of
emergency-qualifying offender made during the declared state of
emergency, or on its own motion with respect to an eligible offender
or with respect to a state of emergency-qualifying offender during
the declared state of emergency, the sentencing court may reduce the
offender's aggregated nonmandatory prison term or terms through a
judicial release under this section.

(C)(1)
Subject to division (C)(2) of this section, an eligible offender may
file a motion for judicial release with the sentencing court, or a
state of emergency-qualifying offender may file a motion for judicial
release with the sentencing court during the declared state of
emergency, within the following applicable periods:

(a)
If the aggregated nonmandatory prison term or terms is less than two
years, the eligible offender or state of emergency-qualifying
offender may file the motion at any time after the offender is
delivered to a state correctional institution or, if the prison term
includes a mandatory prison term or terms, at any time after the
expiration of all mandatory prison terms.

(b)
If the aggregated nonmandatory prison term or terms is at least two
years but less than five years, the eligible offender or state of
emergency-qualifying offender may file the motion not earlier than
one hundred eighty days after the offender is delivered to a state
correctional institution or, if the prison term includes a mandatory
prison term or terms, not earlier than one hundred eighty days after
the expiration of all mandatory prison terms.

(c)
If the aggregated nonmandatory prison term or terms is five years,
the eligible offender or state of emergency-qualifying offender may
file the motion not earlier than the date on which the offender has
served four years of the offender's stated prison term or, if the
prison term includes a mandatory prison term or terms, not earlier
than four years after the expiration of all mandatory prison terms.

(d)
If the aggregated nonmandatory prison term or terms is more than five
years but not more than ten years, the eligible offender or state of
emergency-qualifying offender may file the motion not earlier than
the date on which the offender has served five years of the
offender's stated prison term or, if the prison term includes a
mandatory prison term or terms, not earlier than five years after the
expiration of all mandatory prison terms.

(e)
If the aggregated nonmandatory prison term or terms is more than ten
years, the eligible offender or state of emergency-qualifying
offender may file the motion not earlier than the later of the date
on which the offender has served one-half of the offender's stated
prison term or the date specified in division (C)(1)(d) of this
section.

(f)
With respect to a state of emergency-qualifying offender, if the
offender's prison term does not include a mandatory prison term or
terms, or if the offender's prison term includes one or more
mandatory prison terms and the offender has completed the mandatory
prison term or terms, the state of emergency-qualifying offender may
file the motion at any time during the offender's aggregated
nonmandatory prison term or terms, provided that time also is during
the declared state of emergency.

(2)
During any single declared state of emergency, a state of
emergency-qualifying offender may only file a motion for judicial
release as a state of emergency-qualifying offender with the
sentencing court during that declared state of emergency once every
six months.

(D)(1)(a)
Upon receipt of a timely motion for judicial release filed by an
eligible offender or a state of emergency-qualifying offender under
division (C) of this section, or upon the sentencing court's own
motion made within the appropriate time specified in that division,
the court may deny the motion without a hearing or schedule a hearing
on the motion. The court may grant the motion without a hearing for
an offender under consideration for judicial release as a state of
emergency-qualifying offender, but the court shall not grant the
motion without a hearing for an offender under consideration as an
eligible offender. If a court denies a motion without a hearing, the
court later may consider judicial release for that eligible offender
or that state of emergency-qualifying offender on a subsequent
motion. For an offender under consideration for judicial release as
an eligible offender, but not for one under consideration as a state
of emergency-qualifying offender, the court may deny the motion with
prejudice. If a court denies a motion with prejudice, the court may
later consider judicial release on its own motion. For an offender
under consideration for judicial release as a state of
emergency-qualifying offender, the court shall not deny a motion with
prejudice. For an offender under consideration for judicial release
as an eligible offender, but not for one under consideration as a
state of emergency-qualifying offender, if a court denies a motion
after a hearing, the court shall not consider a subsequent motion for
that offender based on the offender's classification as an eligible
offender. The court may hold multiple hearings for any offender under
consideration for judicial release as a state of emergency-qualifying
offender, but shall hold only one hearing for any offender under
consideration as an eligible offender.

(b)
If an offender is under consideration for judicial release as an
eligible offender and the motion is denied, and if the offender at
that time also is or subsequently becomes a state of
emergency-qualifying offender, the denial does not limit or affect
any right of the offender to file a motion under this section for
consideration for judicial release as a state of emergency-qualifying
offender or for the court on its own motion to consider the offender
for judicial release as a state of emergency-qualifying offender.

If
an offender is under consideration for judicial release as a state of
emergency-qualifying offender and the motion is denied, and if the
offender at that time also is or subsequently becomes an eligible
offender, the denial does not limit or affect any right of the
offender to file a motion under this section for consideration for
judicial release as an eligible offender or for the court on its own
motion to consider the offender for judicial release as an eligible
offender.

(2)(a)
With respect to a motion for judicial release filed by an offender as
an eligible offender or made by the court on its own motion for an
offender as an eligible offender, a hearing under this section shall
be conducted in open court not less than thirty or more than sixty
days after the motion is filed, provided that the court may delay the
hearing for one hundred eighty additional days. If the court holds a
hearing, the court shall enter a ruling on the motion within ten days
after the hearing. If the court denies the motion without a hearing,
the court shall enter its ruling on the motion within sixty days
after the motion is filed.

(b)
With respect to a motion for judicial release filed by an offender as
a state of emergency-qualifying offender or made by the court on its
own motion for an offender as a state of emergency-qualifying
offender, the court shall notify the prosecuting attorney of the
county in which the offender was indicted and may order the
prosecuting attorney to respond to the motion in writing within ten
days. The prosecuting attorney shall notify the victim pursuant to
the Ohio Constitution. The prosecuting attorney shall include in the
response any statement that the victim wants to be represented to the
court. The court shall consider any response from the prosecuting
attorney and any statement from the victim in its ruling on the
motion. After receiving the response from the prosecuting attorney,
the court either shall order a hearing consistent with divisions (E)
to (I) of this section as soon as possible, or shall enter its ruling
on the motion for judicial release as soon as possible. If the court
conducts a hearing, the hearing shall be conducted in open court or
by a virtual, telephonic, or other form of remote hearing. If the
court holds a hearing, the court shall enter a ruling on the motion
within ten days after the hearing. If the court denies the motion
without a hearing, the court shall enter its ruling on the motion
within ten days after the motion is filed or after it receives the
response from the prosecuting attorney.

(E)
If a court schedules a hearing under divisions (D)(1) and (2)(a) of
this section or under divisions (D)(1) and (2)(b) of this section,
the court shall notify the subject eligible offender or state of
emergency-qualifying offender and the head of the state correctional
institution in which that subject offender is confined prior to the
hearing. The head of the state correctional institution immediately
shall notify the appropriate person at the department of
rehabilitation and correction of the hearing, and the department
within twenty-four hours after receipt of the notice, shall post on
the database it maintains pursuant to section 5120.66 of the Revised
Code the subject offender's name and all of the information specified
in division (A)(1)(c)(i) of that section. If the court schedules a
hearing for judicial release, the court promptly shall give notice of
the hearing to the prosecuting attorney of the county in which the
subject eligible offender or state of emergency-qualifying offender
was indicted. Upon receipt of the notice from the court, the
prosecuting attorney shall do whichever of the following is
applicable:

(1)
Subject to division (E)(2) of this section, notify the victim of the
offense and the victim's representative, if applicable, pursuant to
the Ohio Constitution and division (B) of section 2930.16 of the
Revised Code;

(2)
If the offense was an offense of violence that is a felony of the
first, second, or third degree, except as otherwise provided in this
division, pursuant to the Ohio Constitution, notify the victim and
the victim's representative, if applicable, of the hearing regardless
of whether the victim or victim's representative has requested the
notification. Except when notice to the victim is required under the
Ohio Constitution, the notice of the hearing shall not be given under
this division to a victim or victim's representative if the victim or
victim's representative has requested pursuant to division (B)(2) of
section 2930.03 of the Revised Code that the victim or the victim's
representative not be provided the notice. If notice is to be
provided to a victim or victim's representative under this division,
the prosecuting attorney may give the notice by any reasonable means,
including regular mail, telephone, and electronic mail, in accordance
with division (D)(1) of section 2930.16 of the Revised Code. If the
notice is based on an offense committed prior to March 22, 2013, the
notice also shall include the opt-out information described in
division (D)(1) of section 2930.16 of the Revised Code. The
prosecuting attorney, in accordance with division (D)(2) of section
2930.16 of the Revised Code, shall keep a record of all attempts to
provide the notice, and of all notices provided, under this division.
Division (E)(2) of this section, and the notice-related provisions of
division (K) of this section, division (D)(1) of section 2930.16,
division (H) of section 2967.12, division (E)(1)(b) of section
2967.19 as it existed prior to April 4, 2023, division (A)(3)(b) of
section 2967.26, division (D)(1) of section 2967.28, and division
(A)(2) of section 5149.101 of the Revised Code enacted in the act in
which division (E)(2) of this section was enacted, shall be known as
"Roberta's Law."

(F)
Upon an offender's successful completion of rehabilitative
activities, the head of the state correctional institution may notify
the sentencing court of the successful completion of the activities.

(G)
Prior to the date of the hearing on a motion for judicial release
made by an eligible offender, by a state of emergency-qualifying
offender, or by a court on its own under this section, the head of
the state correctional institution in which the subject offender is
confined shall send to the court an institutional summary report on
the offender's conduct in the institution and in any institution from
which the offender may have been transferred. Upon the request of the
prosecuting attorney of the county in which the subject offender was
indicted or of any law enforcement agency, the head of the state
correctional institution, at the same time the person sends the
institutional summary report to the court, also shall send a copy of
the report to the requesting prosecuting attorney and law enforcement
agencies. The institutional summary report shall cover the subject
offender's participation in school, vocational training, work,
treatment, and other rehabilitative activities and any disciplinary
action taken against the subject offender. The report shall be made
part of the record of the hearing. A presentence investigation report
is not required for judicial release.

(H)
If the court grants a hearing on a motion for judicial release made
by an eligible offender, by a state of emergency-qualifying offender,
or by a court on its own under this section, the subject offender
shall attend the hearing if ordered to do so by the court. Upon
receipt of a copy of the journal entry containing the order, the head
of the state correctional institution in which the subject offender
is incarcerated shall deliver the subject offender to the sheriff of
the county in which the hearing is to be held. The sheriff shall
convey the subject offender to and from the hearing.

(I)
At the hearing on a motion for judicial release under this section
made by an eligible offender, by a state of emergency-qualifying
offender, or by a court on its own, the court shall afford the
subject offender and the offender's attorney an opportunity to
present written and, if present, oral information relevant to the
motion. The court shall afford a similar opportunity to the
prosecuting attorney, the victim, the victim's representative, the
victim's attorney, if applicable, and any other person the court
determines is likely to present additional relevant information. The
court shall consider any oral or written statement of a victim,
victim's representative, and victim's attorney, if applicable, made
pursuant to section 2930.14 or 2930.17 of the Revised Code, any
victim impact statement prepared pursuant to section 2947.051 of the
Revised Code, and any report made under division (G) of this section.
The court may consider any written statement of any person submitted
to the court pursuant to division (L) of this section.

If
the motion alleges that the offender who is the subject of the motion
is an eligible offender and the court makes an initial determination
that the offender satisfies the criteria for being an eligible
offender, or if the motion alleges that the offender who is the
subject of the motion is a state of emergency-qualifying offender and
the court makes an initial determination that the offender satisfies
the criteria for being a state of emergency-qualifying offender, the
court shall determine whether to grant the motion. After ruling on
the motion, the court shall notify the prosecuting attorney of the
county in which the eligible offender or state of
emergency-qualifying offender was indicted of the ruling, and the
prosecuting attorney shall notify the victim and the victim's
representative of the ruling in accordance with sections 2930.03 and
2930.16 of the Revised Code or, if the court granted the motion, in
accordance with division (K) of this section.

(J)(1)
A court shall not grant a judicial release under this section to an
offender who is imprisoned for a felony of the first or second degree
and who is under consideration as an eligible offender, or to an
offender who committed an offense under Chapter 2925. or 3719. of the
Revised Code, who is under consideration as an eligible offender, and
for whom there was a presumption under section 2929.13 of the Revised
Code in favor of a prison term, unless the court, with reference to
factors under section 2929.12 of the Revised Code, finds both of the
following:

(a)
That a sanction other than a prison term would adequately punish the
offender and protect the public from future criminal violations by
the offender because the applicable factors indicating a lesser
likelihood of recidivism outweigh the applicable factors indicating a
greater likelihood of recidivism;

(b)
That a sanction other than a prison term would not demean the
seriousness of the offense because factors indicating that the
offender's conduct in committing the offense was less serious than
conduct normally constituting the offense outweigh factors indicating
that the eligible offender's conduct was more serious than conduct
normally constituting the offense.

(2)
A court that grants a judicial release under division (J)(1) of this
section to an offender who is under consideration as an eligible
offender shall specify on the record both findings required in that
division and also shall list all the factors described in that
division that were presented at the hearing.

(3)(a)
Subject to division (J)(3)(b) of this section, a court shall grant a
judicial release under this section to an offender who is under
consideration as a state of emergency-qualifying offender if the
court determines that the risks posed by incarceration to the health
and safety of the offender, because of the nature of the declared
state of emergency, outweigh the risk to public safety if the
offender were to be released from incarceration.

(b)
A court shall not grant a judicial release under this section to an
offender who is imprisoned for a felony of the first or second degree
and is under consideration for judicial release as a state of
emergency-qualifying offender unless the court, with reference to the
factors specified under section 2929.12 of the Revised Code, finds
both of the criteria set forth in divisions (J)(1)(a) and (b) of this
section.

(K)
(K)(1)

If the court grants a motion for judicial release under this section,
the court shall order the release of the eligible offender or state
of emergency-qualifying offender, shall place the offender under an
appropriate community control sanction, under appropriate conditions,
and under the supervision of the department of probation serving the
court and shall reserve the right to reimpose the sentence that it
reduced if the offender violates the sanction. If the court reimposes
the reduced sentence, it may do so either concurrently with, or
consecutive to, any new sentence imposed on the eligible offender or
state of emergency-qualifying offender as a result of the violation
that is a new offense. Except as provided in division (N)(5)(b) of
this section

and divisions (B)(1)(c) to (e) of section 2929.15 of the Revised
Code
,
the period of community control shall be no longer than five years

if the most serious offense from which the judicial release is
granted is a felony of the first or second degree and no longer than
three years if the most serious offense from which judicial release
is granted is a felony of the third, fourth, or fifth degree
.
The court, in its discretion, may reduce the period of community
control by the amount of time the offender spent in jail or prison
for the offense and in prison. If the court made any findings
pursuant to division (J)(1) of this section, the court shall serve a
copy of the findings upon counsel for the parties within fifteen days
after the date on which the court grants the motion for judicial
release.

(2)

If
the court grants a motion for judicial release, the court shall
notify the appropriate person at the department of rehabilitation and
correction, and the department shall post notice of the release on
the database it maintains pursuant to section 5120.66 of the Revised
Code. The court also shall notify the prosecuting attorney of the
county in which the eligible offender or state of
emergency-qualifying offender was indicted that the motion has been
granted. When notice to the victim is required under the Ohio
Constitution, the prosecuting attorney shall notify the victim and
the victim's representative, if applicable, of the judicial release.
In all other cases, unless the victim or the victim's representative
has requested pursuant to division (B)(2) of section 2930.03 of the
Revised Code that the victim or victim's representative not be
provided the notice, the prosecuting attorney shall notify the victim
and the victim's representative, if applicable, of the judicial
release in any manner, and in accordance with the same procedures,
pursuant to which the prosecuting attorney is authorized to provide
notice of the hearing pursuant to division (E)(2) of this section. If
the notice is based on an offense committed prior to March 22, 2013,
the notice to the victim or victim's representative also shall
include the opt-out information described in division (D)(1) of
section 2930.16 of the Revised Code.

(L)
In addition to and independent of the right of a victim to make a
statement pursuant to section 2930.14, 2930.17, or 2946.051 of the
Revised Code and any right of a person to present written information
or make a statement pursuant to division (I) of this section, any
person may submit to the court, at any time prior to the hearing on
the motion for judicial release of the eligible offender or state of
emergency-qualifying offender, a written statement concerning the
effects of the offender's criminal offense, the circumstances
surrounding the criminal offense, the manner in which the criminal
offense was perpetrated, and the person's opinion as to whether the
offender should be released.

(M)(1)
The changes to this section that are made on September 30, 2011,
apply to any judicial release decision made on or after September 30,
2011, for any eligible offender, subject to division (M)(2) of this
section.

(2)
The changes to this section that are made on April 4, 2023, apply to
any judicial release application, and any judicial release decision,
made on or after April 4, 2023, for any eligible offender or state of
emergency-qualifying offender.

(N)(1)
Notwithstanding the eligibility requirements specified in divisions
(A)(1) and (2) of this section and the filing time frames specified
in division (C) of this section and notwithstanding the findings
required under division (J)(1) and the eligibility criteria specified
in division (J)(3) of this section, the sentencing court, upon the
court's own motion and after considering whether the release of the
offender into society would create undue risk to public safety, may
grant a judicial release to an offender who is not serving a life
sentence at any time during the offender's imposed sentence when the
director of rehabilitation and correction certifies to the sentencing
court through the chief medical officer for the department of
rehabilitation and correction that the offender is in imminent danger
of death, is medically incapacitated, or has a terminal illness.

(2)
The director of rehabilitation and correction shall not certify any
offender under division (N)(1) of this section who is serving a death
sentence.

(3)
A motion made by the court under division (N)(1) of this section is
subject to the notice, hearing, and other procedural requirements
specified in divisions (D), (E), (G), (H), (I), (K), and (L) of this
section with respect to motions for a grant of judicial release to
eligible offenders, including notice to the victim, except for the
following:

(a)
The court may waive the offender's appearance at any hearing
scheduled by the court if the offender's condition makes it
impossible for the offender to participate meaningfully in the
proceeding.

(b)
The court may grant the motion without a hearing, provided that the
prosecuting attorney, victim, and victim's representative, if
applicable, to whom notice of the hearing was provided under division
(E) of this section indicate that they do not wish to participate in
the hearing or present information relevant to the motion.

(4)
The court may request health care records from the department of
rehabilitation and correction to verify the certification made under
division (N)(1) of this section.

(5)(a)
If the court grants judicial release under division (N)(1) of this
section, the court shall do all of the following:

(i)
Order the release of the offender;

(ii)
Place the offender under an appropriate community control sanction,
under appropriate conditions;

(iii)
Place the offender under the supervision of the department of
probation serving the court or under the supervision of the adult
parole authority.

(b)
The court, in its discretion, may revoke the judicial release if the
offender violates the community control sanction described in
division (N)(5)(a) of this section. The period of that community
control is not subject to the
five-year
limitation
limitations
on duration
described
in division (K) of this section and shall not expire earlier than the
date on which all of the offender's mandatory prison terms expire.

(6)
If the health of an offender who is released under division (N)(1) of
this section improves so that the offender is no longer terminally
ill, medically incapacitated, or in imminent danger of death, the
court shall, upon the court's own motion, revoke the judicial
release. The court shall not grant the motion without a hearing
unless the offender waives a hearing. If a hearing is held, the court
shall afford the offender and the offender's attorney an opportunity
to present written and, if the offender or the offender's attorney is
present, oral information relevant to the motion. The court shall
afford a similar opportunity to the prosecuting attorney, the victim,
the victim's representative, the victim's attorney, if applicable,
and any other person the court determines is likely to present
additional relevant information. If a hearing is held, the
prosecuting attorney shall notify the victim and the victim's
representative, if applicable, pursuant to the Ohio Constitution. A
court that grants a motion under this division shall specify its
findings on the record.

(O)(1)
Separate from and independent of the provisions of divisions (A) to
(N) of this section, the director of the department of rehabilitation
and correction may recommend in writing to the sentencing court that
the court consider releasing from prison, through a judicial release,
any offender who is confined in a state correctional institution and
who is an eighty per cent-qualifying offender. The director may file
such a recommendation for judicial release by submitting to the
sentencing court a notice, in writing, of the recommendation within
the applicable period specified in division (A)(3) of this section
for qualifying as an eighty per cent-qualifying offender.

The
director shall include with any notice submitted to the sentencing
court under this division an institutional summary report that covers
the offender's participation while confined in a state correctional
institution in school, training, work, treatment, and other
rehabilitative activities and any disciplinary action taken against
the offender while so confined. The director shall include with the
notice any other documentation requested by the court, if available.

If
the director submits a notice under this division recommending
judicial release, the department promptly shall provide to the
prosecuting attorney of the county in which the offender was indicted
a copy of the written notice and recommendation, a copy of the
institutional summary report, and any other information provided to
the court, and shall provide a copy of the institutional summary
report to any law enforcement agency that requests the report. The
department also shall provide written notice of the submission of the
director's notice to any victim of the offender or victim's
representative, if applicable, in the same manner as is specified in
divisions (E)(1) and (2) of this section with respect to notices of
hearings.

(2)
A recommendation for judicial release in a notice submitted by the
director under division (O)(1) of this section is subject to the
notice, hearing, and other procedural requirements specified in
divisions (E), (H), (I), and (L) of this section, including notice to
the victim pursuant to the Ohio Constitution, except as otherwise
specified in divisions (O)(3) to (5) of this section, provided that
references in divisions (E), (H), (I), (K), and (L) of this section
to "the motion" shall be construed for purposes of division
(O) of this section as being references to the notice and
recommendation specified in division (O)(1) of this section.

(3)
The director's submission of a notice under division (O)(1) of this
section constitutes a recommendation by the director that the court
strongly consider a judicial release of the offender consistent with
the purposes and principles of sentencing set forth in sections
2929.11 and 2929.13 of the Revised Code and establishes a rebuttable
presumption that the offender shall be released through a judicial
release in accordance with the recommendation. The presumption of
release may be rebutted only as described in division (O)(6) of this
section. Only an offender recommended by the director under division
(O)(1) of this section may be considered for a judicial release under
division (O) of this section.

(4)
Upon receipt of a notice recommending judicial release submitted by
the director under division (O)(1) of this section, the court shall
schedule a hearing to consider the recommendation for the judicial
release of the offender who is the subject of the notice. The hearing
shall be conducted in open court not less than thirty or more than
sixty days after the notice is submitted. The court shall inform the
department and the prosecuting attorney of the county in which the
offender who is the subject of the notice was indicted of the date,
time, and location of the hearing. Upon receipt of the notice from
the court, the prosecuting attorney shall comply with division (E) of
this section, including providing notice to the victim and the
victim's representative, if applicable, pursuant to the Ohio
Constitution, and the department shall post the information specified
in that division.

(5)
When a court schedules a hearing under division (O)(4) of this
section, at the hearing, the court shall consider all of the
following in determining whether to grant the offender judicial
release under division (O) of this section:

(a)
The institutional summary report submitted under division (O)(1) of
this section;

(b)
The inmate's academic, vocational education programs, or alcohol or
drug treatment programs; or involvement in meaningful activity;

(c)
The inmate's assignments and whether the inmate consistently
performed each work assignment to the satisfaction of the department
staff responsible for supervising the inmate's work;

(d)
The inmate transferred to and actively participated in core
curriculum programming at a reintegration center prison;

(e)
The inmate's disciplinary history;

(f)
The inmate's security level;

(g)
All other information, statements, reports, and documentation
described in division (I) of this section.

(6)
If the court that receives a notice recommending judicial release
submitted by the director under division (O)(1) of this section makes
an initial determination that the offender satisfies the criteria for
being an eighty per cent-qualifying offender, the court then shall
determine whether to grant the offender judicial release. In making
the second determination, the court shall grant the offender judicial
release unless the prosecuting attorney proves to the court, by a
preponderance of the evidence, that the legitimate interests of the
government in maintaining the offender's confinement outweigh the
interests of the offender in being released from that confinement. If
the court grants a judicial release under this division, division (K)
of this section applies regarding the judicial release, including
the
maximums specified in that division for the duration of the period of
all community control sanctions imposed on the offender under that
division and the
notice
to the victim and the victim's representative, if applicable,
pursuant to the Ohio Constitution, provided that references in
division (K) of this section to "the motion" shall be
construed for purposes of the judicial release granted under this
division as being references to the notice and recommendation
specified in division (O)(1) of this section.

The
court shall enter its ruling on the notice recommending judicial
release submitted by the director under division (O)(1) of this
section within ten days after the hearing is conducted. After ruling
on whether to grant the offender judicial release under division (O)
of this section, the court shall notify the offender, the prosecuting
attorney, and the department of rehabilitation and correction of its
decision, and shall notify the victim of its decision in accordance
with the Ohio Constitution and sections 2930.03 and 2930.16 of the
Revised Code. If the court does not enter a ruling on the notice
within ten days after the hearing is conducted as required under this
division, the division of parole and community services of the
department of rehabilitation and correction may release the offender.

(P)
All notices to a victim of an offense provided under division (D),
(E), (K), (N), or (O) of this section shall be provided in accordance
with the Ohio Constitution.

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

Except
as provided in divisions (D)(2)(d) and (e) and division (D)(3) of
this section, the
duration
of all community control sanctions imposed upon an offender and in
effect for an offender at any time shall not exceed
five

three

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
,
except as provided in divisions (D)(2)(d) and (e) and division (D)(3)
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
;

(d)
Subject to division (D)(3) of this section, a term of not more than
one year under the same sanction if the total time under the sanction
does not exceed five years and the court conducts a hearing and finds
either of the following:

(i)
In the six months prior to the hearing, the offender has consistently
demonstrated a willful refusal to comply with required mental or
behavioral health treatment imposed as a condition of the community
control sanction, and the court cannot appropriately respond in the
remaining period of the community control sanction;

(ii)
The offender is required to complete programming as a condition of
the community control sanction, and has not completed the programming
at the conclusion of the initial supervision term.

(e)
If the offender is required to pay restitution pursuant to section
2929.28 or 2929.281 of the Revised Code, subject to division (D)(3)
of this section, a longer time under the same sanction if the total
time under the sanction does not exceed the time required for the
offender to complete the restitution payments or five years,
whichever is less, if the court conducts a hearing and finds all of
the following:

(i)
The offender has consistently demonstrated a willful refusal to pay
restitution imposed as a condition of the community control sanction;

(ii)
The offender has the ability to pay restitution without suffering an
undue financial burden;

(iii)
The civil remedies and procedures described in division (D) of
section 2929.18 of the Revised Code are insufficient to allow the
victim of the offender's criminal offense or the victim's estate to
recover restitution after the period of the community control
sanction has terminated.

(3)(a)
A court is not limited in the number of times it may sentence an
offender to a term described in divisions (D)(2)(d) or (e) of this
section if the total time under the sanction does not exceed five
years.

(b)
If the court imposes a term described in division (D)(2)(d) of this
section, the offender shall not be subject to any conditions of
supervision under the community control sanction except for complying
with mental or behavioral health treatment or completing required
programming during the extended term. If the court imposes a term
described in division (D)(2)(e) of this section, the offender shall
not be subject to any conditions of supervision under the community
control sanction except for payment of restitution during the
extended term
.

(3)
(4)

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)
(5)

If the court imposes a jail term upon a violator pursuant to division
(D)(2) of this section, the total time spent in jail for the
misdemeanor offense and the violation of a condition of the community
control sanction shall not exceed the maximum jail term 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.
2951.02.
(A)(1)
During the period of a misdemeanor offender's community control
sanction or during the period of a felony offender's nonresidential
sanction, authorized probation officers who are engaged within the
scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the offender, the place of
residence of the offender, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in
which the offender has a right, title, or interest or for which the
offender 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 probation officers have reasonable grounds to believe that the
offender is not abiding by the law or otherwise is not complying with
the conditions of the misdemeanor offender's community control
sanction or the conditions of the felony offender's nonresidential
sanction.

(b)
If the offender is a felony offender, the court requires the
offender's consent to searches as part of the terms and conditions of
community control, and the offender agreed to those terms and
conditions.

(c)
If the offender is a felony offender, the offender otherwise provides
consent for the search.

(2)
If a felony offender who is sentenced to a nonresidential sanction is
under the general control and supervision of the adult parole
authority, as described in division (A)(2)(a) of section 2929.15 of
the Revised Code, adult parole authority field officers with
supervisory responsibilities over the felony offender shall have the
same search authority relative to the felony offender during the
period of the sanction that is described under division (A)(1) of
this section for probation officers.

(3)
If a misdemeanor offender is placed under a community control
sanction pursuant to section 2929.25 of the Revised Code or if a
felony offender is sentenced to a nonresidential sanction pursuant to
section 2929.17 of the Revised Code, the court that places the
misdemeanor offender under the sanction or sentences the felony
offender to the sanction shall provide the offender with a written
notice that informs the offender that authorized probation officers
or adult parole authority field officers with supervisory
responsibilities over the offender who are engaged within the scope
of their supervisory duties or responsibilities may conduct the types
of searches described in divisions (A)(1) and (2) of this section
during the period of community control sanction or the nonresidential
sanction if any of the following apply:

(a)
The officers have reasonable grounds to believe that the offender is
not abiding by the law or otherwise is not complying with the
conditions of the offender's community control sanction or
nonresidential sanction.

(b)
If the offender is a felony offender, the court requires the
offender's consent to searches as part of the terms and conditions of
community control, and the offender agreed to those terms and
conditions.

(c)
If the offender is a felony offender, the offender otherwise provides
consent for the search.

(B)
If an offender is convicted of or pleads guilty to a misdemeanor, the
court may require the offender, as a condition of the offender's
sentence of a community control sanction, to perform supervised
community service work in accordance with this division. If an
offender is convicted of or pleads guilty to a felony, the court,
pursuant to sections 2929.15 and 2929.17 of the Revised Code, may
impose a sanction that requires the offender to perform supervised
community service work in accordance with this division. The
supervised community service work shall be under the authority of
health districts, park districts, counties, municipal corporations,
townships, other political subdivisions of the state, or agencies of
the state or any of its political subdivisions, or under the
authority of charitable organizations that render services to the
community or its citizens, in accordance with this division. The
court may require an offender who is ordered to perform the work to
pay to it a reasonable fee to cover the costs of the offender's
participation in the work, including, but not limited to, the costs
of procuring a policy or policies of liability insurance to cover the
period during which the offender will perform the work.

A
court may permit any offender convicted of a felony or a misdemeanor
to satisfy the payment of a fine imposed for the offense pursuant to
section 2929.18 or 2929.28 of the Revised Code by performing
supervised community service work as described in this division if
the offender requests an opportunity to satisfy the payment by this
means and if the court determines that the offender is financially
unable to pay the fine.

After
imposing a term of community service, the court may modify the
sentence to authorize a reasonable contribution to the appropriate
general fund as provided in division (B) of section 2929.27 of the
Revised Code.

The
supervised community service work that may be imposed under this
division shall be subject to the following limitations:

(1)
The court shall fix the period of the work and, if necessary, shall
distribute it over weekends or over other appropriate times that will
allow the offender to continue at the offender's occupation or to
care for the offender's family. The period of the work as fixed by
the court shall not exceed in the aggregate the number of hours of
community service imposed by the court pursuant to section 2929.17 or
2929.27 of the Revised Code.

(2)
An agency, political subdivision, or charitable organization must
agree to accept the offender for the work before the court requires
the offender to perform the work for the entity. A court shall not
require an offender to perform supervised community service work for
an agency, political subdivision, or charitable organization at a
location that is an unreasonable distance from the offender's
residence or domicile, unless the offender is provided with
transportation to the location where the work is to be performed.

(3)
A court may enter into an agreement with a county department of job
and family services for the management, placement, and supervision of
offenders eligible for community service work in work activities,
developmental activities, and alternative work activities under
sections 5107.40 to 5107.69 of the Revised Code. If a court and a
county department of job and family services have entered into an
agreement of that nature, the clerk of that court is authorized to
pay directly to the county department all or a portion of the fees
collected by the court pursuant to this division in accordance with
the terms of its agreement.

(4)
Community service work that a court requires under this division
shall be supervised by an official of the agency, political
subdivision, or charitable organization for which the work is
performed or by a person designated by the agency, political
subdivision, or charitable organization. The official or designated
person shall be qualified for the supervision by education, training,
or experience, and periodically shall report, in writing, to the
court and to the offender's probation officer concerning the conduct
of the offender in performing the work.

(5)
The total of any period of supervised community service work imposed
on an offender under division (B) of this section plus the period of
all other sanctions imposed pursuant to sections 2929.15, 2929.16,
2929.17, and 2929.18 of the Revised Code for a felony, or pursuant to
sections 2929.25, 2929.26, 2929.27, and 2929.28 of the Revised Code
for a misdemeanor, shall not exceed

five years

the community control maximum specified in section 2929.15 of the
Revised Code that is applicable to the offense if it is a felony or
the community control maximum specified in section 2929.25 of the
Revised Code if the offense is a misdemeanor
.

(C)(1)
If an offender is convicted of a violation of section 4511.19 of the
Revised Code or a substantially similar municipal ordinance, the
court may require, as a condition of a community control sanction,
that the offender operate only a motor vehicle equipped with an
ignition interlock device that is certified pursuant to section
4510.43 of the Revised Code.

(2)
If a court requires an offender, as a condition of a community
control sanction pursuant to division (C)(1) of this section, to
operate only a motor vehicle equipped with an ignition interlock
device that is certified pursuant to section 4510.43 of the Revised
Code, the offender immediately shall surrender the offender's
driver's or commercial driver's license or permit to the court. Upon
the receipt of the offender's license or permit, the court shall
issue an order authorizing the offender to operate a motor vehicle
equipped with a certified ignition interlock device and deliver the
offender's license or permit to the registrar of motor vehicles. The
court also shall give the offender a copy of its order for purposes
of obtaining a restricted license.

(3)
An offender shall present to the registrar or to a deputy registrar
the copy of the order issued under division (C) of this section and a
certificate affirming the installation of an ignition interlock
device that is in a form established by the director of public safety
and that is signed by the person who installed the device. Upon
presentation of the order and certificate, the registrar or deputy
registrar shall issue a restricted license to the offender, unless
the offender's driver's license or commercial driver's license or
permit is suspended under any other provision of law and limited
driving privileges have not been granted with regard to that
suspension. The restricted license shall be identical to the
surrendered license, except that it shall have printed on its face a
statement that the offender is prohibited from operating a motor
vehicle that is not equipped with an ignition interlock device that
is certified pursuant to section 4510.43 of the Revised Code. The
registrar shall deliver the offender's surrendered license or permit
to the court upon receipt of a court order requiring it to do so, or
reissue the offender's license or permit under section 4510.52 of the
Revised Code if the registrar destroyed the offender's license or
permit under that section. The offender shall surrender the
restricted license to the court upon receipt of the offender's
surrendered license or permit.

(4)
If an offender violates a requirement of the court imposed under
division (C)(1) of this section, the court may impose a class seven
suspension of the offender's driver's or commercial driver's license
or permit or nonresident operating privilege from the range specified
in division (A)(7) of section 4510.02 of the Revised Code. On a
second or subsequent violation, the court may impose a class four
suspension of the offender's driver's or commercial driver's license
or permit or nonresident operating privilege from the range specified
in division (A)(4) of section 4510.02 of the Revised Code.

Sec.
2951.07.
A
community control sanction
imposed
for an offense
continues
for the period that the judge or magistrate determines and
,

may be extended,

subject to the
five-year
limit
following
maximums:

(A)
The community control maximum

specified in section 2929.15
or

of
the Revised Code that is applicable to the offense if it is a felony.

(B)
The community control maximum specified in section
2929.25
of the Revised Code

if the offense is a misdemeanor
,
may be extended
.

(C)

If
the offender under community control absconds or otherwise leaves the
jurisdiction of the court without permission from the probation
officer, the probation agency, or the court to do so, or if the
offender is confined in any institution for the commission of any
offense, the period of community control ceases to run until the time
that the offender is brought before the court for its further action.

Section
2.
That
existing sections
2925.11,

2929.15,
2929.20, 2929.25, 2951.02, and 2951.07 of the Revised Code are hereby
repealed.

Section
3.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2929.15 of the Revised Code as amended by H.B. 110, H.B. 281, and
S.B. 288, all of the 134th General Assembly.

Section
2925.11 of the Revised Code as amended by both H.B. 29 and S.B. 95 of
the 135th General Assembly.