reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.21 | Written Application for Requisition for Return of Person Charged.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor a written application for a requisition for the return of the person charged. The application shall state the name of the person charged, the crime charged against the person, the approximate time, place, and circumstances of its commission, the state in which the person charged is believed to be located, and the location of the person in that state at the time the application is made. The prosecuting attorney shall certify that in the prosecuting attorney's opinion the ends of justice require the arrest and return of the person charged to this state for trial and that the proceeding is not instituted to enforce a private claim.
When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of the person's bail, parole, community control sanction, or post-release control sanction, the prosecuting attorney of the county in which the offense was committed, the adult parole authority, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of the person. The application shall state the person's name, the crime of which the person was convicted, the circumstances of the person's escape from confinement or of the breach of the terms of the person's bail, parole, community control sanction, or post-release control sanction, the state in which the person is believed to be located, and the location of the person in that state at the time the application is made.
An application presented under this section shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the indictment returned, of the information and affidavit filed, of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, of the judgment of conviction, or of the sentence. The prosecuting attorney, adult parole authority, warden, or sheriff also may attach any other affidavits or documents in duplicate that the prosecuting attorney, adult parole authority, warden, or sheriff finds proper to be submitted with the application. One copy of the application, with the action of the governor indicated by indorsement on the application, and one of the certified copies of the indictment, complaint, information, and affidavits, of the judgment of conviction, or of the sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.22 | Reimbursement of Fees and Travel Expenses.

Effective:
April 10, 1990
Latest Legislation:
Senate Bill 336 - 118th General Assembly
The director of budget and management shall provide for reimbursement of the fees to the officers of the state on whose governor the requisition is made under section 2963.21 of the Revised Code, and all necessary travel in returning the prisoner at the rates governing travel that have been adopted pursuant to section 126.31 of the Revised Code, on the certificate of the governor of such state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.23 | Accused Not Subject to Service of Process in Civil Suit Until Conviction or Return to Home State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person brought into this state by, or after waiver of, extradition based on a criminal charge is not subject to service of personal process in any civil action in this state until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.24 | Consent to Return to Demanding State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation, or parole may waive the issuance and service of the warrant provided for in section 2963.07 of the Revised Code and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state, a writing which states that he consents to return to the demanding state. Before such waiver is executed or subscribed by such person the judge in open court shall inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 2963.09 of the Revised Code.
When such consent has been executed it shall forthwith be forwarded to the office of the governor and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the accredited agent of the demanding state, and shall deliver to such agent a copy of such consent. This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state before any such demand has been made, nor is this waiver procedure an exclusive procedure or a limitation on the powers, rights, or duties of the officers of the demanding state or of this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.25 | Right to Try and Punish Extradited Person Not Waived by Granting Demand for Extradition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2963.01 to 2963.27, inclusive, of the Revised Code do not constitute a waiver by this state of its right, power, or privilege to try such demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor are any proceedings had under such sections, which result in, or fail to result in, extradition, a waiver by this state of any of its rights, privileges, or jurisdiction.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.26 | Trying Extradited Person for Crimes Other Than Ones Subject of Extradition Request.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person returned to this state by, or after waiver of, extradition proceedings, may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisition for his extradition.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.27 | Interpretation and Construction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2963.01 to 2963.26, inclusive, of the Revised Code shall be so interpreted and construed as to make the law of this state uniform with the law of those states which enact similar legislation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.28 | Request to Federal Authorities for Extradition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it appears to the governor by sworn evidence in writing that a person has committed a crime within this state for which such person may be delivered to the United States or its authorities by a foreign government or its authorities, because of laws of the United States, or of a treaty between the United States and a foreign government, and that such person is a fugitive from justice of this state, and may be found within the territory of such foreign government, the governor, under the great seal of Ohio, shall request the president of the United States, or the secretary of state of the United States, to take any steps necessary for the extradition of such person and his delivery to any agent of this state appointed by the governor, or to the proper officer of the county within which he is charged with the commission of such crime.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.29 | Evidence That Extradition Is Sought in Good Faith for Punishment of Crime Named.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The governor shall not request the extradition of a person under section 2963.28 of the Revised Code unless he is satisfied by sworn evidence that extradition is sought in good faith for the punishment of the crime named and not for the purpose of collecting a debt or pecuniary mulct or of bringing the alleged fugitive within this state to serve him with civil process, or with criminal process other than for the crime for which his extradition is sought.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.31 | Appropriate Court Defined.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 356 - 108th General Assembly
As used in section 2963.30 of the Revised Code, with reference to the courts of this state, "appropriate court" means the court of record having jurisdiction of the indictment, information, or complaint.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.32 | Effectuating Interstate Agreement on Detainers.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
The courts, departments, agencies, and officers of this state and its political subdivisions shall do all things that are necessary to effectuate the agreement adopted pursuant to section 2963.30 of the Revised Code and that are appropriate within their respective jurisdictions and consistent with their duties and authority. The warden or other official in charge of a correctional institution in this state shall give over the person of any inmate of the institution when so required by the operation of the agreement.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.34 | Escape and Aiding Escape While in Another State Pursuant to Interstate Agreement on Detainers.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
A person, while in another state pursuant to the agreement, adopted pursuant to section 2963.30 of the Revised Code, is subject to the prohibitions and penalties provided by sections 2921.34 and 2921.35 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2963 | Extradition › Section 2963.35 | Administrator of Interstate Agreement on Detainers.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
The chief of the bureau of sentence computation or another individual specified by the director of rehabilitation and correction is designated as the administrator as required by Article VII of the agreement adopted pursuant to section 2963.30 of the Revised Code. The administrator, acting jointly with like officers of other party states, shall, in accordance with Chapter 119. of the Revised Code, promulgate rules and regulations to carry out the terms of the agreement. The administrator is authorized and empowered to cooperate with all departments, agencies, and officers of this state and its political subdivisions, in facilitating the proper administration of the agreement or of any supplementary agreement or agreements entered into by this state thereunder.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.02 | Administration by Adult Parole Authority.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A) The adult parole authority created by section 5149.02 of the Revised Code shall administer sections 2967.01 to 2967.28 of the Revised Code, and other sections of the Revised Code governing pardon, community control sanctions, post-release control, and parole.
(B) The governor may grant a pardon after conviction, may grant an absolute and entire pardon or a partial pardon, and may grant a pardon upon conditions precedent or subsequent.
(C) The adult parole authority shall supervise all parolees. The department of rehabilitation and correction has legal custody of a parolee until the authority grants the parolee a final release pursuant to section 2967.16 of the Revised Code.
(D) The department of rehabilitation and correction has legal custody of a releasee until the adult parole authority grants the releasee a final release pursuant to section 2967.16 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.021 | Application of Chapter Before and After 7-1-96.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
(A) Chapter 2967. of the Revised Code, as it existed prior to July 1, 1996, applies to a person upon whom a court imposed a term of imprisonment prior to July 1, 1996, and a person upon whom a court, on or after July 1, 1996, and in accordance with law existing prior to July 1, 1996, imposed a term of imprisonment for an offense that was committed prior to July 1, 1996.
(B) Chapter 2967. of the Revised Code, as it exists on and after July 1, 1996, applies to a person upon whom a court imposed a stated prison term for an offense committed on or after July 1, 1996, subject to division (C) of this section.
(C) Section 2967.271 of the Revised Code, and other provisions of Chapter 2967. of the Revised Code, as they exist on and after the effective date of this amendment , apply to a person who is sentenced to a non-life felony indefinite prison term.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.04 | Pardons and Commutations.

Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
(A) A pardon or commutation may be granted upon such conditions precedent or subsequent as the governor may impose, which conditions shall be stated in the warrant. Such pardon or commutation shall not take effect until the conditions so imposed are accepted by the convict or prisoner so pardoned or having a sentence commuted, and the convict's or prisoner's acceptance is indorsed upon the warrant, signed by the prisoner or convict, and attested by one witness. Such witness shall go before the clerk of the court of common pleas in whose office the sentence is recorded and prove the signature of the convict. The clerk shall thereupon record the warrant, indorsement, and proof in the journal of the court, which record, or a duly certified transcript thereof, shall be evidence of such pardon or commutation, the conditions thereof, and the acceptance of the conditions.
(B) An unconditional pardon relieves the person to whom it is granted of all disabilities arising out of the conviction or convictions from which it is granted. For purposes of this section, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.
(C) In the case of an unconditional pardon, the governor may include as a condition of the pardon that records related to the conviction be sealed as if the records are related to an offense that is eligible to be sealed. The governor may issue a writ for the records related to the pardoned conviction or convictions to be sealed. However, such a writ shall not seal the records required to be kept under division (E) of section 107.10 of the Revised Code and shall not have any impact on the governor's office or on reports required to be made under law. Other than the records required to be kept under division (E) of section 107.10 of the Revised Code, no records of the governor's office related to a pardon that have been sealed under this division are subject to public inspection unless directed by the governor. Inspection of the records or disclosure of information contained in the records may be made pursuant to division (A) of section 2953.34 of the Revised Code or as the governor may direct. A disclosure of records sealed under a writ issued by the governor is not a criminal offense.
Last updated March 8, 2023 at 12:07 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.06 | Form of Warrants of Pardon and Commutation.

Effective:
March 18, 1965
Latest Legislation:
House Bill 28 - 105th General Assembly
Warrants of pardon and commutation shall be issued in triplicate, one to be given to the convict, one to be filed with the clerk of the court of common pleas in whose office the sentence is recorded, and one to be filed with the head of the institution in which the convict was confined, in case he was confined.
All warrants of pardon, whether conditional or otherwise, shall be recorded by said clerk and the officer of the institution with whom such warrants and copies are filed, in a book provided for that purpose, which record shall include the indorsements on such warrants. A copy of such a warrant with all indorsements, certified by said clerk under seal, shall be received in evidence as proof of the facts set forth in such copy with indorsements.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.07 | Written Applications for Pardon, Commutation of Sentence, or Reprieve.

Effective:
March 18, 1965
Latest Legislation:
House Bill 28 - 105th General Assembly
All applications for pardon, commutation of sentence, or reprieve shall be made in writing to the adult parole authority. Upon the filing of such application, or when directed by the governor in any case, a thorough investigation into the propriety of granting a pardon, commutation, or reprieve shall be made by the authority, which shall report in writing to the governor a brief statement of the facts in the case, together with the recommendation of the authority for or against the granting of a pardon, commutation, or reprieve, the grounds therefor and the records or minutes relating to the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.08 | Reprieve for Definite Time to Person Under Sentence of Death.

Effective:
March 18, 1965
Latest Legislation:
House Bill 28 - 105th General Assembly
The governor may grant a reprieve for a definite time to a person under sentence of death, with or without notices or application.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.09 | Filing Warrant of Reprieve With Sentencing Court.

Effective:
March 18, 1965
Latest Legislation:
House Bill 28 - 105th General Assembly
On receiving a warrant of reprieve, the head of the institution, sheriff, or other officer having custody of the person reprieved, shall file it forthwith with the clerk of the court of common pleas in which the sentence is recorded, who shall thereupon record the warrant in the journal of the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.10 | Confinement During Reprieve.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
When the governor directs in a warrant of reprieve that the prisoner be confined in a state correctional institution for the time of the reprieve or any part thereof, the sheriff or other officer having the prisoner in custody shall convey him to the state correctional institution in the manner provided for the conveyance of convicts, and the warden shall receive the prisoner and warrant and proceed as the warrant directs. At the expiration of the time specified in the warrant for the confinement of the prisoner in the state correctional institution, the warden shall deal with him according to the sentence as originally imposed, or as modified by executive clemency as shown by a new warrant of pardon, commutation, or reprieve executed by the governor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.141 | Violation Sanction Centers.

Effective:
March 22, 2019
Latest Legislation:
House Bill 411 - 132nd General Assembly
(A) The department of rehabilitation and correction may operate or contract for the operation of one or more violation sanction centers. A violation sanction center operated under authority of this division is a prison as defined in section 2929.01 of the Revised Code. A violation sanction center operated under authority of this division may be used for either of the following purposes:
(1) Service of a prison term that the parole board, subsequent to a hearing, imposes pursuant to division (F)(3) of section 2967.28 of the Revised Code upon a releasee who has violated a post-release control sanction imposed upon the releasee under that section;
(2) As a facility designated by the adult parole authority for confining a violator pursuant to division (A) of section 2967.15 of the Revised Code until a determination is made regarding the person's release status.
(B) A violation sanction center established under the authority of this section is not an alternative residential facility for the purpose of imposing sentence on an offender who is convicted of or pleads guilty to a felony, and a court that is sentencing an offender for a felony pursuant to sections 2929.11 to 2929.19 of the Revised Code shall not sentence the offender to a community residential sanction that requires the offender to serve a term in the center.
(C) If a releasee is ordered to serve a sanction in a violation sanction center, as described in division (A)(1) of this section, all of the following apply:
(1) The releasee shall be considered to be under a prison term for a violation of post-release control imposed pursuant to division (F)(3) of section 2967.28 of the Revised Code.
(2) The time the releasee serves in the center shall count toward, and shall be considered in determining, the maximum cumulative prison term for all violations that is described in division (F)(3) of section 2967.28 of the Revised Code.
(3) The time the releasee serves in the center shall not count as part of, and shall not be credited toward, the remaining period of post-release control that is applicable to the releasee.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.17 | Administrative Release.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The adult parole authority, in its discretion, may grant an administrative release to any of the following:
(1) A parole violator, release violator, or releasee serving another felony sentence in a correctional institution within or without this state for the purpose of consolidation of the records or if justice would best be served;
(2) A parole violator at large or release violator at large whose case has been inactive for at least ten years following the date of declaration of the parole violation or the violation of a post-release control sanction;
(3) A parolee or releasee taken into custody by the immigration and naturalization service of the United States department of justice and deported from the United States.
(B)(1)(a) As used in divisions (B)(2) and (3) of this section, "position of honor, trust, or profit" has the same meaning as in section 2929.192 of the Revised Code.
(b) For purposes of divisions (B)(2) and (3) of this section, a violation of section 2923.32 of the Revised Code or any other violation or offense that includes as an element a course of conduct or the occurrence of multiple acts is "committed on or after May 13, 2008," if the course of conduct continues, one or more of the multiple acts occurs, or the subject person's accountability for the course of conduct or for one or more of the multiple acts continues, on or after May 13, 2008.
(2) The adult parole authority shall not grant an administrative release except upon the concurrence of a majority of the parole board and approval of the chief of the adult parole authority. An administrative release does not restore for the person to whom it is granted the rights and privileges forfeited by conviction as provided in section 2961.01 of the Revised Code. Any person granted an administrative release under this section may subsequently apply for a commutation of sentence for the purpose of regaining the rights and privileges forfeited by conviction, except that the privilege of circulating or serving as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition forfeited under section 2961.01 of the Revised Code may not be restored under this section and except that the privilege of holding a position of honor, trust, or profit may not be restored under this section to a person in the circumstances described in division (B)(3) of this section.
(3) The privilege of holding a position of honor, trust, or profit may not be restored under this section to a person who was convicted of or pleaded guilty to committing on or after May 13, 2008, any violation or offense listed in divisions (C)(2)(c)(i) to (vi) of section 2967.16 of the Revised Code that is a felony.
Last updated July 30, 2021 at 4:04 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.191 | Reduction of Prison Term or Parole Eligibility Date for Related Days of Confinement.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201, Senate Bill 66 - 132nd General Assembly
(A) The department of rehabilitation and correction shall reduce the prison term of a prisoner, as described in division (B) of this section, by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term, as determined by the sentencing court under division (B)(2)(g)(i) of section 2929.19 of the Revised Code, and confinement in a juvenile facility. The department of rehabilitation and correction also shall reduce the stated prison term of a prisoner or, if the prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or the parole eligibility date of the prisoner by the total number of days, if any, that the prisoner previously served in the custody of the department of rehabilitation and correction arising out of the offense for which the prisoner was convicted and sentenced.
(B) The reductions described in division (A) of this section shall be made to the following prison terms, as applicable:
(1) The definite prison term of a prisoner serving a definite prison term as a stated prison term;
(2) The minimum and maximum term of a prisoner serving a non-life felony indefinite prison term as a stated prison term;
(3) The minimum and maximum term or the parole eligibility date of a prisoner serving a term for which there is parole eligibility.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.21 | Transfer of Prisoner Does Not Affect Term.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Any prisoner sentenced or committed to a state correctional institution may be transferred from that institution to another state correctional institution, but the prisoner shall continue to be subject to the same conditions as to the stated prison term, parole, and release as if the prisoner were confined in the institution to which the prisoner originally was sentenced or committed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.27 | Escorted Visits.

Effective:
March 31, 2003
Latest Legislation:
House Bill 510 - 124th General Assembly
(A)(1) The department of rehabilitation and correction may grant escorted visits to prisoners confined in any state correctional facility for the limited purpose of visiting a relative in imminent danger of death or having a private viewing of the body of a deceased relative.
(2) Prior to granting any prisoner an escorted visit for the limited purpose of visiting a relative in imminent danger of death or having a private viewing of the body of a deceased relative under this section, the department shall notify its office of victims' services so that the office may provide assistance to any victim or victims of the offense committed by the prisoner and to members of the family of the victim.
(B) The department of rehabilitation and correction shall adopt rules for the granting of escorted visits under this section and for supervising prisoners on an escorted visit.
(C) No prisoner shall be granted an escorted visit under this section if the prisoner is likely to pose a threat to the public safety or has a record of more than two felony commitments (including the present charge), not more than one of which may be for a crime of an assaultive nature.
(D) The procedure for granting an escorted visit under this section is separate from, and independent of, the transitional control program described in section 2967.26 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2967 | Pardon; Parole; Probation › Section 2967.29 | Agreement for Joint Supervision of Parolee.

Effective:
April 7, 2009
Latest Legislation:
House Bill 130 - 127th General Assembly
(A) A court of common pleas may cooperate with the department of rehabilitation and correction in the supervision of offenders who return to the court's territorial jurisdiction after serving a prison term. The court, after consultation with the board of county commissioners, may enter into an agreement with the department allowing the court and the parole board to make joint decisions relating to parole and post-release control to the extent permitted by section 2967.28 of the Revised Code.
(B) An agreement made under this section shall include at least all of the following:
(1) The categories of offenders with regard to which the court may participate in making decisions;
(2) The process by which the offenders in each category will be identified;
(3) The process by which the court and the parole board will monitor offenders and make recommendations regarding programming while the offenders are in prison;
(4) The process by which the court will participate in setting appropriate sanctions and conditions on offenders who leave prison on post-release control or parole;
(5) The process by which the court may participate in reducing the duration of the period of post-release control;
(6) Guidelines for the supervision of offenders under post-release control or parole supervision;
(7) Guidelines for sanctions for violations of parole or post-release control;
(8) Provisions that take into account the perspective of affected victims.
(C) A court that enters into an agreement under this section shall provide the department of rehabilitation and correction with a presentence investigation upon the offender's admission to prison. The department shall provide the court with a summary of an offender's progress while in prison prior to the release of the offender.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.01 | Recovery of Offender's Profits Fund Definitions.

Effective:
November 15, 1995
Latest Legislation:
Senate Bill 91 - 121st General Assembly
As used in sections 2969.01 to 2969.06 of the Revised Code:
(A) "Offender" means a person who pleads guilty to, is convicted of, or is found not guilty by reason of insanity of an offense in this state or a person against whom a complaint or information has been filed or an indictment has been returned in this state.
(B) "Victim" means a person who suffers personal injury, death, or property loss as a result of any of the following, or the beneficiaries of an action for the wrongful death of any person killed as a result of any of the following:
(1) An offense;
(2) The good faith effort of a person to prevent an offense;
(3) The good faith effort of any person to apprehend a person suspected of engaging in an offense.
(C) "Member of the family of an offender" means an individual who is related by consanguinity or affinity to an offender.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.03 | Declaratory Judgment.

Effective:
September 26, 1984
Latest Legislation:
Senate Bill 172 - 115th General Assembly
Any person may bring an action for a declaratory judgment to determine if section 2969.02 of the Revised Code applies to a particular contract. The action for a declaratory judgment shall be brought in the Franklin county court of common pleas.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.05 | Payment of Money Remaining in Separate Account of Recovery of Offender's Profits Fund.

Effective:
November 15, 1995
Latest Legislation:
Senate Bill 91 - 121st General Assembly
If a separate account has been maintained in the recovery of offender's profits fund and if there is no further requirement to pay money or the monetary value of property into the fund pursuant to section 2969.02 of the Revised Code, unless otherwise ordered by a court of record in which a judgment has been rendered against the offender or the representatives of the offender and, if money in the separate account was obtained from a member of the family of the offender or an agent or assignee of a member of the family of the offender, against the family member, agent, or assignee, the clerk of the court of claims shall pay the money remaining in the separate account to the persons from whom the money was obtained, if all of the following apply:
(A) The applicable period of time that governs the making of payments from the separate account, as set forth in division (C)(1) of section 2969.04 of the Revised Code, has elapsed.
(B) None of the civil actions against the offender or the representatives of the offender and, if money in the separate account was obtained from a member of the family of the offender or an agent or assignee of a member of the family of the offender, against the family member, agent, or assignee of which the clerk of the court of claims has been notified pursuant to division (B)(1) of section 2969.04 of the Revised Code is pending.
(C) All judgments for which payment was requested pursuant to division (B)(3) of section 2969.04 of the Revised Code have been paid.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.06 | Recovery of Offender's Profits Fund.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
All moneys collected pursuant to sections 2969.02 and 2969.03 of the Revised Code shall be credited by the treasurer of state to the recovery of offender's profits fund, which is hereby created in the state treasury. Except as provided in division (A) of section 2969.04 of the Revised Code, any interest earned on the money in the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.11 | Crime Victims Recovery Fund Definitions.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
As used in sections 2969.11 to 2969.14 of the Revised Code:
(A) "Crime victims recovery fund" means the fund created by division (D) of section 2929.32 of the Revised Code.
(B) "Victim" means a person who suffers personal injury, death, or property loss as a result of any of the following, or the beneficiaries of an action for the wrongful death of any person killed as a result of any of the following:
(1) An offense committed by an offender in whose name a separate account is maintained in the crime victims recovery fund pursuant to section 2969.12 of the Revised Code;
(2) The good faith effort of a person to prevent an offense committed by an offender in whose name a separate account is maintained in the crime victims recovery fund pursuant to section 2969.12 of the Revised Code;
(3) The good faith effort of a person to apprehend a person suspected of engaging in an offense committed by an offender in whose name a separate account is maintained in the crime victims recovery fund pursuant to section 2969.12 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.13 | Money and Interest Credited to Crime Victims Recovery Fund.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
All moneys that are collected pursuant to section 2929.32 of the Revised Code and required to be deposited in the crime victims recovery fund shall be credited by the treasurer of state to the fund. Any interest earned on the money in the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.21 | Civil Actions by Inmate Against Governmental Entity or Employee Definitions.

Effective:
March 22, 2019
Latest Legislation:
House Bill 411 - 132nd General Assembly
As used in sections 2969.21 to 2969.27 of the Revised Code:
(A) "Clerk" means the elected or appointed clerk of any court in this state, except the court of claims or the supreme court, in which an inmate has commenced a civil action against a government entity or employee or has filed an appeal of the judgment or order in a civil action of that nature.
(B)(1) "Civil action or appeal against a government entity or employee" means any of the following:
(a) A civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in a court of common pleas, court of appeals, county court, or municipal court;
(b) An appeal of the judgment or order in a civil action of the type described in division (B)(1)(a) of this section that an inmate files in a court of appeals.
(2) "Civil action or appeal against a governmental entity or employee" does not include any civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in the court of claims or the supreme court or an appeal of the judgment or order entered by the court of claims in a civil action of that nature, that an inmate files in a court of appeals or the supreme court.
(C) "Employee" means an officer or employee of the state or of a political subdivision who is acting under color of state law.
(D) "Inmate" means a person who is in actual confinement in a state correctional institution or in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse or a releasee who is serving a sanction in a violation sanction center.
(E) "Inmate account" means an account maintained by the department of rehabilitation and correction under rules adopted by the director of rehabilitation and correction pursuant to section 5120.01 of the Revised Code or a similar account maintained by a sheriff or any other administrator of a jail or workhouse or by the administrator of a violation sanction center.
(F) "Political subdivision" means a county, township, city, or village; the office of an elected officer of a county, township, city, or village; or a department, board, office, commission, agency, institution, or other instrumentality of a county, township, city, or village.
(G) "State" has the same meaning as in section 2743.01 of the Revised Code.
(H) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
(I) "Violation sanction center" means a prison that houses releasees who have violated a post-release control sanction or the terms and conditions of parole or of a conditional pardon and that is operated pursuant to section 2967.141 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.23 | Costs, Fees, and Expenses Paid From Inmate's Account.

Effective:
October 17, 1996
Latest Legislation:
House Bill 455 - 121st General Assembly
If an inmate files a civil action or appeal against a government entity or employee on or after the effective date of this section and if the inmate is ordered to pay court costs, an award of reasonable attorney's fees, or any other fees or expenses the clerk of the court in which the action or appeal is filed shall collect the court costs, reasonable attorney's fees, and other fees or expenses from the inmate using the procedures set forth in section 2969.22 of the Revised Code regarding the collection of fees.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.24 | Dismissal of Inmate's Action or Appeal.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
(A) If an inmate files a civil action or appeal against a government entity or employee, the court in which the action or appeal is filed, on its own motion or on the motion of a party, may dismiss the civil action or appeal at any stage in the proceedings if the court finds any of the following:
(1) The allegation of indigency in a poverty affidavit filed by the inmate is false.
(2) The claim that is the basis of the civil action or the issues of law that are the basis of the appeal are frivolous or malicious.
(3) The inmate filed an affidavit required by section 2969.25 or 2969.26 of the Revised Code that was materially false.
(B) For the purposes of this section, in determining whether a claim that is the basis of the civil action or the issues of law that are the basis of the appeal are frivolous or malicious, the court may consider whether any of the following applies:
(1) The claim fails to state a claim or the issues of law fail to state any issues of law.
(2) The claim has no arguable basis in law or fact or the issues of law have no arguable basis in law.
(3) It is clear that the inmate cannot prove material facts in support of the claim or in support of the issues of law.
(4) The claim that is the basis of the civil action is substantially similar to a claim in a previous civil action filed by the inmate or the issues of law that are the basis of the appeal are substantially similar to issues of law raised in a previous appeal filed by the inmate, in that the claim that is the basis of the current civil action or the issues of law that are the basis of the current appeal involve the same parties or arise from the same operative facts as the claim or issues of law in the previous civil action or appeal.
(C) If a party files a motion requesting the dismissal of a civil action or appeal under division (A) of this section, the court shall hold a hearing on the motion. If the court raises the issue of the dismissal of a civil action or appeal under division (A) of this section by its own motion, the court may hold a hearing on the motion. If practicable, the court may hold the hearing described in this division by telephone or, in the alternative, at the state correctional institution, jail, workhouse, or violation sanction center in which the inmate is confined.
(D) On the filing of a motion for dismissal of a civil action under division (A) of this section, the court may suspend discovery relating to the civil action pending the determination of the motion.
(E) Divisions (A) to (D) of this section do not limit the authority of the court in which the civil action or appeal is filed to otherwise dismiss the civil action or appeal.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.25 | Affidavit of Inmate of Prior Actions.

Effective:
June 28, 2002
Latest Legislation:
Senate Bill 168 - 124th General Assembly
(A) At the time that an inmate commences a civil action or appeal against a government entity or employee, the inmate shall file with the court an affidavit that contains a description of each civil action or appeal of a civil action that the inmate has filed in the previous five years in any state or federal court. The affidavit shall include all of the following for each of those civil actions or appeals:
(1) A brief description of the nature of the civil action or appeal;
(2) The case name, case number, and the court in which the civil action or appeal was brought;
(3) The name of each party to the civil action or appeal;
(4) The outcome of the civil action or appeal, including whether the court dismissed the civil action or appeal as frivolous or malicious under state or federal law or rule of court, whether the court made an award against the inmate or the inmate's counsel of record for frivolous conduct under section 2323.51 of the Revised Code, another statute, or a rule of court, and, if the court so dismissed the action or appeal or made an award of that nature, the date of the final order affirming the dismissal or award.
(B) If an inmate who files a civil action in a court of common pleas, court of appeals, county court, or municipal court or an inmate who files an appeal from a judgment or order in a civil action in any of those courts has filed three or more civil actions or appeals of civil actions in a court of record in this state in the preceding twelve months or previously has been subject to the review procedure described in this division, the court may appoint a member of the bar to review the claim that is the basis of the civil action or the issues of law that are the basis of the appeal and to make a recommendation regarding whether the claim asserted in the action or the issues of law raised in the appeal are frivolous or malicious under section 2969.24 of the Revised Code, any other provision of law, or rule of court.
(C) If an inmate who files a civil action or appeal against a government entity or employee seeks a waiver of the prepayment of the full filing fees assessed by the court in which the action or appeal is filed, the inmate shall file with the complaint or notice of appeal an affidavit that the inmate is seeking a waiver of the prepayment of the court's full filing fees and an affidavit of indigency. The affidavit of waiver and the affidavit of indigency shall contain all of the following:
(1) A statement that sets forth the balance in the inmate account of the inmate for each of the preceding six months, as certified by the institutional cashier;
(2) A statement that sets forth all other cash and things of value owned by the inmate at that time.