Ohio § 2907.15

§ 2907.15.

(A) As used in this section: (1) “ Public retirement system ” means the public employees retirement system, state teachers retirement system,

school employees retirement system, Ohio police and fire pension fund, state highway

patrol retirement system, or a municipal retirement system of a municipal corporation

of this state. (2) “ Government deferred compensation program ” means such a program offered by the public employees retirement board;  a municipal

corporation;  or a government unit, as defined in section 148.06 of the Revised Code . (3) “ Deferred compensation program participant ” means a “participating employee” or “continuing member,” as defined in section 148.01 of the Revised Code , or any other public employee who has funds in a government deferred compensation

program. (4) “ Alternative retirement plan ” means an alternative retirement plan provided pursuant to Chapter 3305. of the Revised

Code. (5) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . In any case in which a sentencing court orders restitution to the victim under section 2929.18 or 2929.28 of the Revised Code for a violation of section 2907.02 , 2907.03 , 2907.04 , or 2907.05 of the Revised Code and in which the offender is a government deferred compensation program participant,

is an electing employee, as defined in section 3305.01 of the Revised Code , or is a member of, or receiving a pension, benefit, or allowance, other than a survivorship

benefit, from, a public retirement system and committed the offense against a child,

student, patient, or other person with whom the offender had contact in the context

of the offender's public employment, at the request of the victim the prosecutor shall

file a motion with the sentencing court specifying the government deferred compensation

program, alternative retirement plan, or public retirement system and requesting that

the court issue an order requiring the government deferred compensation program, alternative

retirement plan, or public retirement system to withhold the amount required as restitution

from one or more of the following:  any payment to be made from a government deferred

compensation program, any payment or benefit under an alternative retirement plan,

or under a pension, annuity, allowance, or any other benefit, other than a survivorship

benefit, that has been or is in the future granted to the offender;  from any payment

of accumulated employee contributions standing to the offender's credit with the government

deferred compensation program, alternative retirement plan, or public retirement system;

 or from any payment of any other amounts to be paid to the offender pursuant to Chapter

145., 148., 742., 3307., 3309., or 5505. of the Revised Code on withdrawal of contributions.  The motion may be filed at any time subsequent to the conviction of the offender

or entry of a guilty plea.  On the filing of the motion, the clerk of the court in which the motion is filed

shall notify the offender and the government deferred compensation program, alternative

retirement plan, or public retirement system, in writing, of all of the following:

 that the motion was filed;  that the offender will be granted a hearing on the issuance

of the requested order if the offender files a written request for a hearing with

the clerk prior to the expiration of thirty days after the offender receives the notice;

 that, if a hearing is requested, the court will schedule a hearing as soon as possible

and notify the offender and the government deferred compensation program, alternative

retirement plan, or public retirement system of the date, time, and place of the hearing;

 that, if a hearing is conducted, it will be limited to a consideration of whether

the offender can show good cause why the order should not be issued;  that, if a hearing

is conducted, the court will not issue the order if the court determines, based on

evidence presented at the hearing by the offender, that there is good cause for the

order not to be issued;  that the court will issue the order if a hearing is not requested

or if a hearing is conducted but the court does not determine, based on evidence presented

at the hearing by the offender, that there is good cause for the order not to be issued;

 and that, if the order is issued, the government deferred compensation program, alternative

retirement plan, or public retirement system specified in the motion will be required

to withhold the amount required as restitution from payments to the offender. (B) In any case in which a motion requesting the issuance of a withholding order as described

in division (A) of this section is filed, the offender may receive a hearing on the

motion by delivering a written request for a hearing to the court prior to the expiration

of thirty days after the offender's receipt of the notice provided pursuant to division

(A) of this section.  If the offender requests a hearing within the prescribed time, the court shall schedule

a hearing as soon as possible after the request is made and notify the offender and

the government deferred compensation program, alternative retirement plan, or public

retirement system of the date, time, and place of the hearing.  A hearing scheduled under this division shall be limited to a consideration of whether

there is good cause, based on evidence presented by the offender, for the requested

order not to be issued.  If the court determines, based on evidence presented by the offender, that there

is good cause for the order not to be issued, the court shall deny the motion and

shall not issue the order.  Good cause for not issuing the order includes a determination by the court that

the order would severely impact the offender's ability to support the offender's dependents. If the offender does not request a hearing within the prescribed time or the court

conducts a hearing but does not determine, based on evidence presented by the offender,

that there is good cause for the order not to be issued, the court shall order the

government deferred compensation program, alternative retirement plan, or public retirement

system to withhold the amount required as restitution from one or more of the following:

 any payments to be made from a government deferred compensation program, any payment

or benefit under an alternative retirement plan, or under a pension, annuity, allowance,

or under any other benefit, other than a survivorship benefit, that has been or is

in the future granted to the offender;  from any payment of accumulated employee contributions

standing to the offender's credit with the government deferred compensation program,

alternative retirement plan, or public retirement system;  or from any payment of

any other amounts to be paid to the offender upon withdrawal of contributions pursuant

to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code and to continue

the withholding for that purpose, in accordance with the order, out of each payment

to be made on or after the date of issuance of the order, until further order of the

court.  On receipt of an order issued under this division, the government deferred compensation

program, alternative retirement plan, or public retirement system shall withhold the

amount required as restitution, in accordance with the order, from any such payments

and immediately forward the amount withheld to the clerk of the court in which the

order was issued for payment to the person to whom restitution is to be made.  The order shall not apply to any portion of payments made from a government deferred

compensation program, alternative retirement plan, or public retirement system to

a person other than the offender pursuant to a previously issued domestic court order. (C) Service of a notice required by division (A) or (B) of this section shall be effected

in the same manner as provided in the Rules of Civil Procedure for the service of

process. (D) Upon the filing of charges under section 2907.02 , 2907.03 , 2907.04 , or 2907.05 of the Revised Code against a person who is a deferred compensation program participant, an electing

employee participating in an alternative retirement plan, or a member of, or receiving

a pension benefit, or allowance, other than a survivorship benefit, from a public

retirement system for an offense against a child, student, patient, or other person

with whom the offender had contact in the context of the offender's public employment,

the prosecutor shall send written notice that charges have been filed against that

person to the appropriate government deferred compensation program, alternative retirement

plan, or public retirement system.  The notice shall specifically identify the person charged.