Ohio § 2929.01

§ 2929.01.

As used in this chapter: (A)(1) “ Alternative residential facility ” means, subject to divisions (A)(2) and (3) of this section, any facility other than

an offender's home or residence in which an offender is assigned to live and that

satisfies all of the following criteria: (a) It provides programs through which the offender may seek or maintain employment or

may receive education, training, treatment, or habilitation. (b) It has received the appropriate license or certificate for any specialized education,

training, treatment, habilitation, or other service that it provides from the government

agency that is responsible for licensing or certifying that type of education, training,

treatment, habilitation, or service. (2) “Alternative residential facility” does not include a community-based correctional

facility, jail, halfway house, or prison. (3) “ Alternative residential facility ” includes a community alternative sentencing center or district community alternative

sentencing center when authorized by section 307.932 of the Revised Code and when the center is being used for an OVI term of confinement, as defined by that

section. (B) “ Basic probation supervision ” means a requirement that the offender maintain contact with a person appointed to

supervise the offender in accordance with sanctions imposed by the court or imposed

by the parole board pursuant to section 2967.28 of the Revised Code .  “ Basic probation supervision ” includes basic parole supervision and basic post-release control supervision. (C) “Cocaine,” “fentanyl-related compound,” “hashish,” “L.S.D.,” and “unit dose” have

the same meanings as in section 2925.01 of the Revised Code . (D) “ Community-based correctional facility ” means a community-based correctional facility and program or district community-based

correctional facility and program developed pursuant to sections 2301.51 to 2301.58 of the Revised Code . (E) “ Community control sanction ” means a sanction that is not a prison term and that is described in section 2929.15 , 2929.16 , 2929.17 , or 2929.18 of the Revised Code or a sanction that is not a jail term and that is described in section 2929.26 , 2929.27 , or 2929.28 of the Revised Code .  “ Community control sanction ” includes probation if the sentence involved was imposed for a felony that was committed

prior to July 1, 1996, or if the sentence involved was imposed for a misdemeanor that

was committed prior to January 1, 2004. (F) “Controlled substance,” “marihuana,” “schedule I,” and “schedule II” have the same

meanings as in section 3719.01 of the Revised Code . (G) “ Curfew ” means a requirement that an offender during a specified period of time be at a designated

place. (H) “ Day reporting ” means a sanction pursuant to which an offender is required each day to report to

and leave a center or other approved reporting location at specified times in order

to participate in work, education or training, treatment, and other approved programs

at the center or outside the center. (I) “Deadly weapon” has the same meaning as in section 2923.11 of the Revised Code . (J) “ Drug and alcohol use monitoring ” means a program under which an offender agrees to submit to random chemical analysis

of the offender's blood, breath, or urine to determine whether the offender has ingested

any alcohol or other drugs. (K) “ Drug treatment program ” means any program under which a person undergoes assessment and treatment designed

to reduce or completely eliminate the person's physical or emotional reliance upon

alcohol, another drug, or alcohol and another drug and under which the person may

be required to receive assessment and treatment on an outpatient basis or may be required

to reside at a facility other than the person's home or residence while undergoing

assessment and treatment. (L) “ Economic loss ” means any economic detriment suffered by a victim as a direct and proximate result

of the commission of an offense and includes any loss of income due to lost time at

work because of any injury caused to the victim, any property loss, medical cost,

or funeral expense incurred as a result of the commission of the offense, and the

cost of any accounting or auditing done to determine the extent of loss if the cost

is incurred and payable by the victim.  “Economic loss” does not include non-economic loss or any punitive or exemplary

damages. (M) “ Education or training ” includes study at, or in conjunction with a program offered by, a university, college,

or technical college or vocational study and also includes the completion of primary

school, secondary school, and literacy curricula or their equivalent. (N) “Firearm” has the same meaning as in section 2923.11 of the Revised Code . (O) “ Halfway house ” means a facility licensed by the division of parole and community services of the

department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders. (P) “ House arrest ” means a period of confinement of an offender that is in the offender's home or in

other premises specified by the sentencing court or by the parole board pursuant to section 2967.28 of the Revised Code and during which all of the following apply: (1) The offender is required to remain in the offender's home or other specified premises

for the specified period of confinement, except for periods of time during which the

offender is at the offender's place of employment or at other premises as authorized

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

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

by the sentencing court or by the parole board. (Q) “ Intensive probation supervision ” means a requirement that an offender maintain frequent contact with a person appointed

by the court, or by the parole board pursuant to section 2967.28 of the Revised Code , to supervise the offender while the offender is seeking or maintaining necessary

employment and participating in training, education, and treatment programs as required

in the court's or parole board's order.  “ Intensive probation supervision ” includes intensive parole supervision and intensive post-release control supervision. (R) “ Jail ” means a jail, workhouse, minimum security jail, or other residential facility used

for the confinement of alleged or convicted offenders that is operated by a political

subdivision or a combination of political subdivisions of this state. (S) “ Jail term ” means the term in a jail that a sentencing court imposes or is authorized to impose

pursuant to section 2929.24 or 2929.25 of the Revised Code or pursuant to any other provision of the Revised Code that authorizes a term in

a jail for a misdemeanor conviction. (T) “ Mandatory jail term ” means the term in a jail that a sentencing court is required to impose pursuant

to division (G) of section 1547.99 of the Revised Code , division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code , division (F) of section 2929.24 of the Revised Code , division (B) of section 4510.14 of the Revised Code , or division (G) of section 4511.19 of the Revised Code or pursuant to any other provision of the Revised Code that requires a term in a

jail for a misdemeanor conviction. (U) “Delinquent child” has the same meaning as in section 2152.02 of the Revised Code . (V) “ License violation report ” means a report that is made by a sentencing court, or by the parole board pursuant

to section 2967.28 of the Revised Code , to the regulatory or licensing board or agency that issued an offender a professional

license or a license or permit to do business in this state and that specifies that

the offender has been convicted of or pleaded guilty to an offense that may violate

the conditions under which the offender's professional license or license or permit

to do business in this state was granted or an offense for which the offender's professional

license or license or permit to do business in this state may be revoked or suspended. (W) “ Major drug offender ” means an offender who is convicted of or pleads guilty to the possession of, sale

of, or offer to sell any drug, compound, mixture, preparation, or substance that consists

of or contains at least one thousand grams of hashish;  at least one hundred grams

of cocaine;  at least one thousand unit doses or one hundred grams of heroin;  at

least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid

concentrate, liquid extract, or liquid distillate form;  at least fifty grams of a

controlled substance analog;  at least one thousand unit doses or one hundred grams

of a fentanyl-related compound;  or at least one hundred times the amount of any other

schedule I or II controlled substance other than marihuana that is necessary to commit

a felony of the third degree pursuant to section 2925.03 , 2925.04 , 2925.05 , or 2925.11 of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance. (X) “ Mandatory prison term ” means any of the following: (1) Subject to division (X)(2) of this section, the term in prison that must be imposed

for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (21) of section 2929.13 and division (B) of section 2929.14 of the Revised Code .  Except as provided in sections 2925.02 , 2925.03 , 2925.04 , 2925.05 , and 2925.11 of the Revised Code , unless the maximum or another specific term is required under section 2929.14 or 2929.142 of the Revised Code , a mandatory prison term described in this division may be any prison term authorized

for the level of offense except that if the offense is a felony of the first or second

degree committed on or after March 22, 2019, a mandatory prison term described in

this division may be one of the terms prescribed in division (A)(1)(a) or (2)(a) of

section 2929.14 of the Revised Code, whichever is applicable, that is authorized as

the minimum term for the offense. (2) The term of sixty or one hundred twenty days in prison that a sentencing court is

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

is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code . (3) The term in prison imposed pursuant to division (A) of section 2971.03 of the Revised Code for the offenses and in the circumstances described in division (F)(11) of section 2929.13 of the Revised Code or pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),

(b), (c), or (d) of section 2971.03 of the Revised Code and that term as modified

or terminated pursuant to section 2971.05 of the Revised Code . (Y) “ Monitored time ” means a period of time during which an offender continues to be under the control

of the sentencing court or parole board, subject to no conditions other than leading

a law-abiding life. (Z) “ Offender ” means a person who, in this state, is convicted of or pleads guilty to a felony

or a misdemeanor. (AA) “ Prison ” means a residential facility used for the confinement of convicted felony offenders

that is under the control of the department of rehabilitation and correction and includes

a violation sanction center operated under authority of section 2967.141 of the Revised Code . (BB)(1) “ Prison term ” includes either of the following sanctions for an offender: (a) A stated prison term; (b) A term in a prison shortened by, or with the approval of, the sentencing court pursuant

to section 2929.143 , 2929.20 , 5120.031 , 5120.032 , or 5120.073 of the Revised Code or shortened pursuant to section 2967.26 of the Revised Code . (2) With respect to a non-life felony indefinite prison term, references in any provision

of law to a reduction of, or deduction from, the prison term mean a reduction in,

or deduction from, the minimum term imposed as part of the indefinite term. (CC) “ Repeat violent offender ” means a person about whom both of the following apply: (1) The person is being sentenced for committing or for complicity in committing any

of the following: (a) Aggravated murder, murder, any felony of the first or second degree that is an offense

of violence, or an attempt to commit any of these offenses if the attempt is a felony

of the first or second degree; (b) An offense under an existing or former law of this state, another state, or the United

States that is or was substantially equivalent to an offense described in division

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

in division (CC)(1)(a) or (b) of this section. (DD) “ Sanction ” means any penalty imposed upon an offender who is convicted of or pleads guilty

to an offense, as punishment for the offense.  “ Sanction ” includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 or 2929.24 to 2929.28 of the Revised Code . (EE) “ Sentence ” means the sanction or combination of sanctions imposed by the sentencing court on

an offender who is convicted of or pleads guilty to an offense. (FF)(1) “ Stated prison term ” means the prison term, mandatory prison term, or combination of all prison terms

and mandatory prison terms imposed by the sentencing court pursuant to section 2929.14 , 2929.142 , or 2971.03 of the Revised Code or under section 2919.25 of the Revised Code .  “ Stated prison term ” includes any credit received by the offender for time spent in jail awaiting trial,

sentencing, or transfer to prison for the offense and any time spent under house arrest

or house arrest with electronic monitoring imposed after earning credits pursuant

to section 2967.193 or 2967.194 of the Revised Code .  If an offender is serving a prison term as a risk reduction sentence under sections 2929.143 and 5120.036 of the Revised Code , “ stated prison term ” includes any period of time by which the prison term imposed upon the offender is

shortened by the offender's successful completion of all assessment and treatment

or programming pursuant to those sections. (2) As used in the definition of “ stated prison term ” set forth in division (FF)(1) of this section, a prison term is a definite prison

term imposed under section 2929.14 of the Revised Code or any other provision of law, is the minimum and maximum prison terms under a non-life

felony indefinite prison term, or is a term of life imprisonment except to the extent

that the use of that definition in a section of the Revised Code clearly is not intended

to include a term of life imprisonment.  With respect to an offender sentenced to a non-life felony indefinite prison term,

references in section 2967.191 , 2967.193 , or 2967.194 of the Revised Code or any other provision of law to a reduction of, or deduction from, the offender's

stated prison term or to release of the offender before the expiration of the offender's

stated prison term mean a reduction in, or deduction from, the minimum term imposed

as part of the indefinite term or a release of the offender before the expiration

of that minimum term, references in section 2929.19 or 2967.28 of the Revised Code to a stated prison term with respect to a prison term imposed for a violation of

a post-release control sanction mean the minimum term so imposed, and references in

any provision of law to an offender's service of the offender's stated prison term

or the expiration of the offender's stated prison term mean service or expiration

of the minimum term so imposed plus any additional period of incarceration under the

sentence that is required under section 2967.271 of the Revised Code . (GG) “ Victim-offender mediation ” means a reconciliation or mediation program that involves an offender and the victim

of the offense committed by the offender and that includes a meeting in which the

offender and the victim may discuss the offense, discuss restitution, and consider

other sanctions for the offense. (HH) “ Fourth degree felony OVI offense ” means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the fourth degree. (II) “ Mandatory term of local incarceration ” means the term of sixty or one hundred twenty days in a jail, a community-based

correctional facility, a halfway house, or an alternative residential facility that

a sentencing court may impose upon a person who is convicted of or pleads guilty to

a fourth degree felony OVI offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code. (JJ) “Designated homicide, assault, or kidnapping offense,” “violent sex offense,” “sexual

motivation specification,” “sexually violent offense,” “sexually violent predator,”

and “sexually violent predator specification” have the same meanings as in section 2971.01 of the Revised Code . (KK) “Sexually oriented offense,” “child-victim oriented offense,” and “tier III sex offender/child-victim

offender” have the same meanings as in section 2950.01 of the Revised Code . (LL) An offense is “ committed in the vicinity of a child ” if the offender commits the offense within thirty feet of or within the same residential

unit as a child who is under eighteen years of age, regardless of whether the offender

knows the age of the child or whether the offender knows the offense is being committed

within thirty feet of or within the same residential unit as the child and regardless

of whether the child actually views the commission of the offense. (MM) “Family or household member” has the same meaning as in section 2919.25 of the Revised Code . (NN) “Motor vehicle” and “manufactured home” have the same meanings as in section 4501.01 of the Revised Code . (OO) “Detention” and “detention facility” have the same meanings as in section 2921.01 of the Revised Code . (PP) “ Third degree felony OVI offense ” means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the third degree. (QQ) “Random drug testing” has the same meaning as in section 5120.63 of the Revised Code . (RR) “Felony sex offense” has the same meaning as in section 2967.28 of the Revised Code . (SS) “Body armor” has the same meaning as in section 2941.1411 of the Revised Code . (TT) “ Electronic monitoring ” means monitoring through the use of an electronic monitoring device. (UU) “ Electronic monitoring device ” means any of the following: (1) Any device that can be operated by electrical or battery power and that conforms

with all of the following: (a) The device has a transmitter that can be attached to a person, that will transmit

a specified signal to a receiver of the type described in division (UU)(1)(b) of this

section if the transmitter is removed from the person, turned off, or altered in any

manner without prior court approval in relation to electronic monitoring or without

prior approval of the department of rehabilitation and correction in relation to the

use of an electronic monitoring device for an inmate on transitional control or otherwise

is tampered with, that can transmit continuously and periodically a signal to that

receiver when the person is within a specified distance from the receiver, and that

can transmit an appropriate signal to that receiver if the person to whom it is attached

travels a specified distance from that receiver. (b) The device has a receiver that can receive continuously the signals transmitted by

a transmitter of the type described in division (UU)(1)(a) of this section, can transmit

continuously those signals by a wireless or landline telephone connection to a central

monitoring computer of the type described in division (UU)(1)(c) of this section,

and can transmit continuously an appropriate signal to that central monitoring computer

if the device has been turned off or altered without prior court approval or otherwise

tampered with.  The device is designed specifically for use in electronic monitoring, is not a converted

wireless phone or another tracking device that is clearly not designed for electronic

monitoring, and provides a means of text-based or voice communication with the person. (c) The device has a central monitoring computer that can receive continuously the signals

transmitted by a wireless or landline telephone connection by a receiver of the type

described in division (UU)(1)(b) of this section and can monitor continuously the

person to whom an electronic monitoring device of the type described in division (UU)(1)(a)

of this section is attached. (2) Any device that is not a device of the type described in division (UU)(1) of this

section and that conforms with all of the following: (a) The device includes a transmitter and receiver that can monitor and determine the

location of a subject person at any time, or at a designated point in time, through

the use of a central monitoring computer or through other electronic means. (b) The device includes a transmitter and receiver that can determine at any time, or

at a designated point in time, through the use of a central monitoring computer or

other electronic means the fact that the transmitter is turned off or altered in any

manner without prior approval of the court in relation to the electronic monitoring

or without prior approval of the department of rehabilitation and correction in relation

to the use of an electronic monitoring device for an inmate on transitional control

or otherwise is tampered with. (3) Any type of technology that can adequately track or determine the location of a subject

person at any time and that is approved by the director of rehabilitation and correction,

including, but not limited to, any satellite technology, voice tracking system, or

retinal scanning system that is so approved. (VV) “ Non-economic loss ” means nonpecuniary harm suffered by a victim of an offense as a result of or related

to the commission of the offense, including, but not limited to, pain and suffering;

 loss of society, consortium, companionship, care, assistance, attention, protection,

advice, guidance, counsel, instruction, training, or education;  mental anguish;  and

any other intangible loss. (WW) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (XX) “ Continuous alcohol monitoring ” means the ability to automatically test and periodically transmit alcohol consumption

levels and tamper attempts at least every hour, regardless of the location of the

person who is being monitored. (YY) A person is “ adjudicated a sexually violent predator ” if the person is convicted of or pleads guilty to a violent sex offense and also

is convicted of or pleads guilty to a sexually violent predator specification that

was included in the indictment, count in the indictment, or information charging that

violent sex offense or if the person is convicted of or pleads guilty to a designated

homicide, assault, or kidnapping offense and also is convicted of or pleads guilty

to both a sexual motivation specification and a sexually violent predator specification

that were included in the indictment, count in the indictment, or information charging

that designated homicide, assault, or kidnapping offense. (ZZ) An offense is “ committed in proximity to a school ” if the offender commits the offense in a school safety zone or within five hundred

feet of any school building or the boundaries of any school premises, regardless of

whether the offender knows the offense is being committed in a school safety zone

or within five hundred feet of any school building or the boundaries of any school

premises. (AAA) “ Human trafficking ” means a scheme or plan to which all of the following apply: (1) Its object is one or both of the following: (a) To subject a victim or victims to involuntary servitude, as defined in section 2905.31 of the Revised Code or to compel a victim or victims to engage in sexual activity for hire, to engage

in a performance that is obscene, sexually oriented, or nudity oriented, or to be

a model or participant in the production of material that is obscene, sexually oriented,

or nudity oriented; (b) To facilitate, encourage, or recruit a victim who is a minor or is a person with

a developmental disability, or victims who are minors or are persons with developmental

disabilities, for any purpose listed in divisions (A)(2)(a) to (c) of section 2905.32

of the Revised Code. (2) It involves at least two felony offenses, whether or not there has been a prior conviction

for any of the felony offenses, to which all of the following apply: (a) Each of the felony offenses is a violation of section 2905.01 , 2905.02 , 2905.32 , 2907.21 , 2907.22 , or 2923.32, division (A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),

(4), or (5) of section 2919.22 of the Revised Code or is a violation of a law of any state other than this state that is substantially

similar to any of the sections or divisions of the Revised Code identified in this

division. (b) At least one of the felony offenses was committed in this state. (c) The felony offenses are related to the same scheme or plan and are not isolated instances. (BBB) “Material,” “nudity,” “obscene,” “performance,” and “sexual activity” have the same

meanings as in section 2907.01 of the Revised Code . (CCC) “ Material that is obscene, sexually oriented, or nudity oriented ” means any material that is obscene, that shows a person participating or engaging

in sexual activity, masturbation, or bestiality, or that shows a person in a state

of nudity. (DDD) “ Performance that is obscene, sexually oriented, or nudity oriented ” means any performance that is obscene, that shows a person participating or engaging

in sexual activity, masturbation, or bestiality, or that shows a person in a state

of nudity. (EEE) “ Accelerant ” means a fuel or oxidizing agent, such as an ignitable liquid, used to initiate a

fire or increase the rate of growth or spread of a fire. (FFF) “ Permanent disabling harm ” means serious physical harm that results in permanent injury to the intellectual,

physical, or sensory functions and that permanently and substantially impairs a person's

ability to meet one or more of the ordinary demands of life, including the functions

of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking,

breathing, learning, and working. (GGG) “ Non-life felony indefinite prison term ” means a prison term imposed under division (A)(1)(a) or (2)(a) of section 2929.14 and section 2929.144 of the Revised Code for a felony of the first or second degree committed on or after March 22, 2019.