As Introduced
135th General Assembly
Regular Session H. B. No. 603
2023-2024
Representative Pavliga
A BILL
To amend sections 2929.15 and 2929.25 of the 1
Revised Code to allow a sheriff or deputy 2
sheriff to report violations of community 3
control. 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.15 and 2929.25 of the 5
Revised Code be amended to read as follows: 6
Sec. 2929.15. (A)(1) If in sentencing an offender for a 7
felony the court is not required to impose a prison term, a 8
mandatory prison term, or a term of life imprisonment upon the 9
offender, the court may directly impose a sentence that consists 10
of one or more community control sanctions authorized pursuant 11
to section 2929.16, 2929.17, or 2929.18 of the Revised Code. If 12
the court is sentencing an offender for a fourth degree felony 13
OVI offense under division (G)(1) of section 2929.13 of the 14
Revised Code, in addition to the mandatory term of local 15
incarceration imposed under that division and the mandatory fine 16
required by division (B)(3) of section 2929.18 of the Revised 17
Code, the court may impose upon the offender a community control 18
sanction or combination of community control sanctions in 19
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As Introduced
accordance with sections 2929.16 and 2929.17 of the Revised 20
Code. If the court is sentencing an offender for a third or 21
fourth degree felony OVI offense under division (G)(2) of 22
section 2929.13 of the Revised Code, in addition to the 23
mandatory prison term or mandatory prison term and additional 24
prison term imposed under that division, the court also may 25
impose upon the offender a community control sanction or 26
combination of community control sanctions under section 2929.16 27
or 2929.17 of the Revised Code, but the offender shall serve all 28
of the prison terms so imposed prior to serving the community 29
control sanction. 30
The duration of all community control sanctions imposed on 31
an offender under this division shall not exceed five years. If 32
the offender absconds or otherwise leaves the jurisdiction of 33
the court in which the offender resides without obtaining 34
permission from the court or the offender's probation officer to 35
leave the jurisdiction of the court, or if the offender is 36
confined in any institution for the commission of any offense 37
while under a community control sanction, the period of the 38
community control sanction ceases to run until the offender is 39
brought before the court for its further action. If the court 40
sentences the offender to one or more nonresidential sanctions 41
under section 2929.17 of the Revised Code, the court shall 42
impose as a condition of the nonresidential sanctions that, 43
during the period of the sanctions, the offender must abide by 44
the law and must not leave the state without the permission of 45
the court or the offender's probation officer. The court may 46
impose any other conditions of release under a community control 47
sanction that the court considers appropriate, including, but 48
not limited to, requiring that the offender not ingest or be 49
injected with a drug of abuse and submit to random drug testing 50
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As Introduced
as provided in division (D) of this section to determine whether 51
the offender ingested or was injected with a drug of abuse and 52
requiring that the results of the drug test indicate that the 53
offender did not ingest or was not injected with a drug of 54
abuse. 55
(2)(a) If a court sentences an offender to any community 56
control sanction or combination of community control sanctions 57
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 58
the Revised Code, the court shall place the offender under the 59
general control and supervision of a department of probation in 60
the county that serves the court for purposes of reporting to 61
the court a violation of any condition of the sanctions, any 62
condition of release under a community control sanction imposed 63
by the court, a violation of law, or the departure of the 64
offender from this state without the permission of the court or 65
the offender's probation officer. Alternatively, if the offender 66
resides in another county and a county department of probation 67
has been established in that county or that county is served by 68
a multicounty probation department established under section 69
2301.27 of the Revised Code, the court may request the court of 70
common pleas of that county to receive the offender into the 71
general control and supervision of that county or multicounty 72
department of probation for purposes of reporting to the court a 73
violation of any condition of the sanctions, any condition of 74
release under a community control sanction imposed by the court, 75
a violation of law, or the departure of the offender from this 76
state without the permission of the court or the offender's 77
probation officer, subject to the jurisdiction of the trial 78
judge over and with respect to the person of the offender, and 79
to the rules governing that department of probation. 80
If there is no department of probation in the county that 81
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As Introduced
serves the court, the court shall place the offender, regardless 82
of the offender's county of residence, under the general control 83
and supervision of the adult parole authority, unless the court 84
has entered into an agreement with the authority as described in 85
division (B) or (C) of section 2301.32 of the Revised Code, or 86
under an entity authorized under division (B) of section 2301.27 87
of the Revised Code to provide probation and supervisory 88
services to counties for purposes of reporting to the court a 89
violation of any of the sanctions, any condition of release 90
under a community control sanction imposed by the court, a 91
violation of law, or the departure of the offender from this 92
state without the permission of the court or the offender's 93
probation officer. 94
(b) If the court imposing sentence on an offender 95
sentences the offender to any community control sanction or 96
combination of community control sanctions authorized pursuant 97
to section 2929.16, 2929.17, or 2929.18 of the Revised Code, and 98
if the offender violates any condition of the sanctions, 99
violates any condition of release under a community control 100
sanction imposed by the court, violates any law, or departs the 101
state without the permission of the court or the offender's 102
probation officer, the sheriff or deputy sheriff with 103
jurisdiction over the offender or the public or private person 104
or entity that operates or administers the sanction or the 105
program or activity that comprises the sanction shall report the 106
violation or departure directly to the sentencing court, or 107
shall report the violation or departure to the county or 108
multicounty department of probation with general control and 109
supervision over the offender under division (A)(2)(a) of this 110
section or the officer of that department who supervises the 111
offender, or, if there is no such department with general 112
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As Introduced
control and supervision over the offender under that division, 113
to the adult parole authority unless the court has entered into 114
an agreement with the authority as described in division (B) or 115
(C) of section 2301.32 of the Revised Code, or to an entity 116
authorized under division (B) of section 2301.27 of the Revised 117
Code to provide probation and supervisory services to the 118
county. If the sheriff or deputy sheriff with jurisdiction over 119
the offender or the public or private person or entity that 120
operates or administers the sanction or the program or activity 121
that comprises the sanction reports the violation or departure 122
to the county or multicounty department of probation, the adult 123
parole authority, or any other entity providing probation and 124
supervisory services to the county, the department's, 125
authority's, or other entity's officers may treat the offender 126
as if the offender were on probation and in violation of the 127
probation, and shall report the violation of the condition of 128
the sanction, any condition of release under a community control 129
sanction imposed by the court, the violation of law, or the 130
departure from the state without the required permission to the 131
sentencing court. 132
(3) If an offender who is eligible for community control 133
sanctions under this section admits to having a drug addiction 134
or the court has reason to believe that the offender has a drug 135
addiction, and if the offense for which the offender is being 136
sentenced was related to the addiction, the court may require 137
that the offender be assessed by a properly credentialed 138
professional within a specified period of time and shall require 139
the professional to file a written assessment of the offender 140
with the court. If a court imposes treatment and recovery 141
support services as a community control sanction, the court 142
shall direct the level and type of treatment and recovery 143
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As Introduced
support services after consideration of the written assessment, 144
if available at the time of sentencing, and recommendations of 145
the professional and other treatment and recovery support 146
services providers. 147
(4) If an assessment completed pursuant to division (A)(3) 148
of this section indicates that the offender has an addiction to 149
drugs or alcohol, the court may include in any community control 150
sanction imposed for a violation of section 2925.02, 2925.03, 151
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 152
2925.36, or 2925.37 of the Revised Code a requirement that the 153
offender participate in alcohol and drug addiction services and 154
recovery supports certified under section 5119.36 of the Revised 155
Code or offered by a properly credentialed community addiction 156
services provider. 157
(B)(1) Except as provided in division (B)(2) of this 158
section, if the conditions of a community control sanction 159
imposed for a felony are violated or if the offender violates a 160
law or leaves the state without the permission of the court or 161
the offender's probation officer, the sentencing court may 162
impose on the violator one or more of the following penalties: 163
(a) A longer time under the same sanction if the total 164
time under the sanctions does not exceed the five-year limit 165
specified in division (A) of this section; 166
(b) A more restrictive sanction under section 2929.16, 167
2929.17, or 2929.18 of the Revised Code, including but not 168
limited to, a new term in a community-based correctional 169
facility, halfway house, or jail pursuant to division (A)(6) of 170
section 2929.16 of the Revised Code; 171
(c) A prison term on the offender pursuant to section 172
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2929.14 of the Revised Code and division (B)(3) of this section, 173
provided that a prison term imposed under this division is 174
subject to the following limitations and rules, as applicable: 175
(i) If the prison term is imposed for any technical 176
violation of the conditions of a community control sanction 177
imposed for a felony of the fifth degree, the prison term shall 178
not exceed ninety days, provided that if the remaining period of 179
community control at the time of the violation or the remaining 180
period of the reserved prison sentence at that time is less than 181
ninety days, the prison term shall not exceed the length of the 182
remaining period of community control or the remaining period of 183
the reserved prison sentence. If the court imposes a prison term 184
as described in this division, division (B)(2)(b) of this 185
section applies. 186
(ii) If the prison term is imposed for any technical 187
violation of the conditions of a community control sanction 188
imposed for a felony of the fourth degree that is not an offense 189
of violence and is not a sexually oriented offense, the prison 190
term shall not exceed one hundred eighty days, provided that if 191
the remaining period of the community control at the time of the 192
violation or the remaining period of the reserved prison 193
sentence at that time is less than one hundred eighty days, the 194
prison term shall not exceed the length of the remaining period 195
of community control or the remaining period of the reserved 196
prison sentence. If the court imposes a prison term as described 197
in this division, division (B)(2)(b) of this section applies. 198
(iii) A court is not limited in the number of times it may 199
sentence an offender to a prison term under division (B)(1)(c) 200
of this section for a violation of the conditions of a community 201
control sanction or for a violation of a law or leaving the 202
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As Introduced
state without the permission of the court or the offender's 203
probation officer. If an offender who is under a community 204
control sanction violates the conditions of the sanction or 205
violates a law or leaves the state without the permission of the 206
court or the offender's probation officer, is sentenced to a 207
prison term for the violation or conduct, is released from the 208
term after serving it, and subsequently violates the conditions 209
of the sanction or violates a law or leaves the state without 210
the permission of the court or the offender's probation officer, 211
the court may impose a new prison term sanction on the offender 212
under division (B)(1)(c) of this section for the subsequent 213
violation or conduct. 214
(2)(a) If an offender was acting pursuant to division (B) 215
(2)(b) of section 2925.11 or a related provision of section 216
2925.12, 2925.14, or 2925.141 of the Revised Code and in so 217
doing violated the conditions of a community control sanction 218
based on a minor drug possession offense, as defined in section 219
2925.11 of the Revised Code, or violated section 2925.12, 220
division (C)(1) of section 2925.14, or section 2925.141 of the 221
Revised Code, the sentencing court shall not impose an