As Introduced
135th General Assembly
Regular Session H. B. No. 671
2023-2024
Representatives Click, Santucci
Cosponsors: Representatives Barhorst, Bird, Robb Blasdel, Dean, Demetriou,
Fischer, Gross, Hall, Johnson, King, Lear, Wiggam, Williams, Willis
A BILL
To amend sections 2929.15, 2929.16, 2929.17, and 1
2929.25 and to enact sections 2965.01 and 2
2965.02 of the Revised Code to enact the America 3
First Act to prohibit a person who is unlawfully 4
present in the United States from entering or 5
being present in Ohio. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2929.15, 2929.16, 2929.17, and 7
2929.25 be amended and sections 2965.01 and 2965.02 of the 8
Revised Code be enacted to read as follows: 9
Sec. 2929.15. (A)(1) If Subject to section 2965.01 of the 10
Revised Code, if in sentencing an offender for a felony the 11
court is not required to impose a prison term, a mandatory 12
prison term, or a term of life imprisonment upon the offender, 13
the court may directly impose a sentence that consists of one or 14
more community control sanctions authorized pursuant to section 15
2929.16, 2929.17, or 2929.18 of the Revised Code. If the court 16
is sentencing an offender for a fourth degree felony OVI offense 17
under division (G)(1) of section 2929.13 of the Revised Code, in 18
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As Introduced
addition to the mandatory term of local incarceration imposed 19
under that division and the mandatory fine required by division 20
(B)(3) of section 2929.18 of the Revised Code, the court may 21
impose upon the offender a community control sanction or 22
combination of community control sanctions in accordance with 23
sections 2929.16 and 2929.17 of the Revised Code. If the court 24
is sentencing an offender for a third or fourth degree felony 25
OVI offense under division (G)(2) of section 2929.13 of the 26
Revised Code, in addition to the mandatory prison term or 27
mandatory prison term and additional prison term imposed under 28
that division, the court also may impose upon the offender a 29
community control sanction or combination of community control 30
sanctions under section 2929.16 or 2929.17 of the Revised Code, 31
but the offender shall serve all of the prison terms so imposed 32
prior to serving the community control sanction. 33
The duration of all community control sanctions imposed on 34
an offender under this division shall not exceed five years. If 35
the offender absconds or otherwise leaves the jurisdiction of 36
the court in which the offender resides without obtaining 37
permission from the court or the offender's probation officer to 38
leave the jurisdiction of the court, or if the offender is 39
confined in any institution for the commission of any offense 40
while under a community control sanction, the period of the 41
community control sanction ceases to run until the offender is 42
brought before the court for its further action. If the court 43
sentences the offender to one or more nonresidential sanctions 44
under section 2929.17 of the Revised Code, the court shall 45
impose as a condition of the nonresidential sanctions that, 46
during the period of the sanctions, the offender must abide by 47
the law and must not leave the state without the permission of 48
the court or the offender's probation officer. The court may 49
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As Introduced
impose any other conditions of release under a community control 50
sanction that the court considers appropriate, including, but 51
not limited to, requiring that the offender not ingest or be 52
injected with a drug of abuse and submit to random drug testing 53
as provided in division (D) of this section to determine whether 54
the offender ingested or was injected with a drug of abuse and 55
requiring that the results of the drug test indicate that the 56
offender did not ingest or was not injected with a drug of 57
abuse. 58
(2)(a) If a court sentences an offender to any community 59
control sanction or combination of community control sanctions 60
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of 61
the Revised Code, the court shall place the offender under the 62
general control and supervision of a department of probation in 63
the county that serves the court for purposes of reporting to 64
the court a violation of any condition of the sanctions, any 65
condition of release under a community control sanction imposed 66
by the court, a violation of law, or the departure of the 67
offender from this state without the permission of the court or 68
the offender's probation officer. Alternatively, if the offender 69
resides in another county and a county department of probation 70
has been established in that county or that county is served by 71
a multicounty probation department established under section 72
2301.27 of the Revised Code, the court may request the court of 73
common pleas of that county to receive the offender into the 74
general control and supervision of that county or multicounty 75
department of probation for purposes of reporting to the court a 76
violation of any condition of the sanctions, any condition of 77
release under a community control sanction imposed by the court, 78
a violation of law, or the departure of the offender from this 79
state without the permission of the court or the offender's 80
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probation officer, subject to the jurisdiction of the trial 81
judge over and with respect to the person of the offender, and 82
to the rules governing that department of probation. 83
If there is no department of probation in the county that 84
serves the court, the court shall place the offender, regardless 85
of the offender's county of residence, under the general control 86
and supervision of the adult parole authority, unless the court 87
has entered into an agreement with the authority as described in 88
division (B) or (C) of section 2301.32 of the Revised Code, or 89
under an entity authorized under division (B) of section 2301.27 90
of the Revised Code to provide probation and supervisory 91
services to counties for purposes of reporting to the court a 92
violation of any of the sanctions, any condition of release 93
under a community control sanction imposed by the court, a 94
violation of law, or the departure of the offender from this 95
state without the permission of the court or the offender's 96
probation officer. 97
(b) If the court imposing sentence on an offender 98
sentences the offender to any community control sanction or 99
combination of community control sanctions authorized pursuant 100
to section 2929.16, 2929.17, or 2929.18 of the Revised Code, and 101
if the offender violates any condition of the sanctions, 102
violates any condition of release under a community control 103
sanction imposed by the court, violates any law, or departs the 104
state without the permission of the court or the offender's 105
probation officer, the public or private person or entity that 106
operates or administers the sanction or the program or activity 107
that comprises the sanction shall report the violation or 108
departure directly to the sentencing court, or shall report the 109
violation or departure to the county or multicounty department 110
of probation with general control and supervision over the 111
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As Introduced
offender under division (A)(2)(a) of this section or the officer 112
of that department who supervises the offender, or, if there is 113
no such department with general control and supervision over the 114
offender under that division, to the adult parole authority 115
unless the court has entered into an agreement with the 116
authority as described in division (B) or (C) of section 2301.32 117
of the Revised Code, or to an entity authorized under division 118
(B) of section 2301.27 of the Revised Code to provide probation 119
and supervisory services to the county. If the public or private 120
person or entity that operates or administers the sanction or 121
the program or activity that comprises the sanction reports the 122
violation or departure to the county or multicounty department 123
of probation, the adult parole authority, or any other entity 124
providing probation and supervisory services to the county, the 125
department's, authority's, or other entity's officers may treat 126
the offender as if the offender were on probation and in 127
violation of the probation, and shall report the violation of 128
the condition of the sanction, any condition of release under a 129
community control sanction imposed by the court, the violation 130
of law, or the departure from the state without the required 131
permission to the 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
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shall direct the level and type of treatment and recovery 143
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
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(c) A prison term on the offender pursuant to section 172
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
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control sanction or for a violation of a law or leaving the 202
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