HB 667 — Enact the Reagan Tokes and Patrick Heringer Act

As ReportedPassed by the House Public Safety Committee 136th General Assembly Regular Session Sub.

Representatives Johnson, Robb Blasdel, Hall, T., John, White, A., Ray, Miller, K., Bird, Schmidt, Sigrist, Ghanbari, Thomas, C., WillisWillis, Brennan, Creech, Daniels, Fischer, LaRe, Lorenz, Manning, Mathews, A., Odioso, Richardson, Stephens, Williams, Young To amend sections 2929.141, 2929.34, 2935.10, 1 2935.11, 5120.021, 5120.038, 5589.21, and 2 5589.211 of the Revised Code to enact the Reagan 3 Tokes and Patrick Heringer Act to require 4 certain warrants to be entered into LEADS, to 5 require GPS monitoring of offenders released 6 from prison, and to modify T-CAP requirements.

17 (1)Sub. In addition to any prison term for the new felony, 18 impose a prison term for the post-release control violation.

The 19 Sub.

667 Page 2 As ReportedPassed by the House Public(1) SafetyIn Committeeaddition maximumto any prison term for the violationnew shallfelony, be18 theimpose greatera ofprison 20term twelve months or the period of post-release control for the 21 earlier felony minus any time that remains on the date that the 22 person has spent under post-release control forviolation. the earlier 23 committed the new felony.

The 19 maximum prison term for the violation shall be the greater of 20 twelve months or the period of post-release control for the 21 earlier felony minus any time that remains on the date that the 22 person has spent under post-release control for the earlier 23 committed the new felony.

45 (C) Upon the conviction of or plea of guilty to a felony 46 by a person on transitional control under section 2967.26 of the 47 Revised Code at the time of the commission of the felony, the 48 court may, in addition to any prison term for the new felony, 49 Sub.

667 Page 3 As ReportedPassed by the House PublicRevised SafetyCode Committeeat the time of the commission of the felony, the 48 court may, in addition to any prison term for the new felony, 49 impose a prison term not exceeding twelve months for having 50 committed the felony while on transitional control.

75 (b) In a facility of a type described in division (G)(1) 76 of section 2929.13 of the Revised Code, if the offender is 77 sentencedSub. pursuant to that division.

78 Sub.

667 Page 4 As ReportedPassed by the House Publicsentenced Safety Committee (2) If the term is a prison term, the person may be 79 imprisoned in a jail that is not a minimum security jail 80 pursuant to agreement under section 5120.161 of the Revised Code 81 between the department of rehabilitation and correction and the 82 local authority that operatesdivision. the jail.

78 (2) If the term is a prison term, the person may be 79 imprisoned in a jail that is not a minimum security jail 80 pursuant to agreement under section 5120.161 of the Revised Code 81 between the department of rehabilitation and correction and the 82 local authority that operates the jail.

105 (ii) The department of rehabilitation and correction shall 106 establish deadlines for a voluntary county to indicate the 107 voluntary county's participation in the targeted community 108 Sub.

667 Page 5 As ReportedPassed by the House Publicvoluntary Safetycounty's Committeeparticipation in the targeted community 108 alternatives to prison (T-CAP) program before each state fiscal 109 biennium.

134 Nothing in this division relieves the state of its 135 obligation to pay for the cost of confinement of the person in a 136 community-based correctional facility under division (D) of this 137 Sub.

667 Page 6 As ReportedPassed by the House Publiccommunity-based Safetycorrectional Committeefacility under division (D) of this 137 section.

164 (vii) The person's sentence is required to be served 165 Sub.

667 Page 7 As ReportedPassed by the House Public(vii) SafetyThe Committeeperson's sentence is required to be served 165 concurrently to any other sentence imposed upon the person for a 166 felony that is required to be served in an institution under the 167 control of the department of rehabilitation and correction.

190 (b) The offender has been determined to have a higher risk 191 of reoffending and a higher risk of committing a violent offense 192 upon reoffending based on the adult parole authority's use of 193 Sub.

667 Page 8 As ReportedPassed by the House Publicupon Safetyreoffending Committeebased on the adult parole authority's use of 193 the Ohio risk assessment system, the state correctional 194 institutional classification tool, the violence predictor risk 195 assessment, or another tool that assesses the offender's risk of 196 reoffending or committing a violent offense upon reoffending.

667 Page 9 As ReportedPassed by the House Public Safety Committee (C)(D) If the affidavit is filed by, or the complaint is 223 filed pursuant to an affidavit executed by, a peace officer who 224 has, at the officer's discretion, at the time of commission of 225 the alleged offense, notified the person to appear before the 226 court or magistrate at a specific time set by such officer, no 227 process need be issued unless the defendant fails to appear at 228 the scheduled time.

667 Page 10 As ReportedPassed by the House Public Safety Committee (a) A tier one offense;

667 Page 11 As ReportedPassed by the House Public Safety Committee (4)(5) If a warrant is entered pursuant to division (G)(1) 281 (H)(1) of this section into the law enforcement automated data 282 system and the national crime information center (NCIC) 283 maintained by the federal bureau of investigation, a law 284 enforcement agency shall remove the warrant from the system and 285 center within forty-eight hours of warrant service or dismissal 286 or recall by the issuing court.

667 Page 12 As ReportedPassed by the House Public Safety Committee (2) The provisions of Chapter 5120.

667 Page 13 As ReportedPassed by the House Public Safety Committee position system monitoring that would include a crime scene 341 correlation program that could interface by link with a 342 statewide database for GPS-monitored offenders.

667 Page 14 As ReportedPassed by the House Public Safety Committee (5) The ability of law enforcement representatives to 370 obtain, without a warrant or subpoena, information about a GPS- 371 monitored offender from either an employee of the department or 372 a third-party contract administrator who is monitoring the 373 offender, including information of the types listed in division 374 (B)(4) of this section.

667 Page 15 As ReportedPassed by the House Public Safety Committee (a) That the global positioning system used by the vendor 400 to perform the actual monitoring of the offender include a crime 401 scene correlation program;

667 Page 16 As ReportedPassed by the House Public Safety Committee this section, within a reasonable period of time after that 430 effective date, the department shall establish system 431 requirements for global positioning system monitoring of GPS- 432 monitored offenders.

667 Page 17 As ReportedPassed by the House Public Safety Committee (D) If a railroad car, locomotive, or other obstruction is 459 obstructing a public street, road, or highway in violation of 460 division (A) of this section and the violation occurs in the 461 unincorporated area of one or more counties, or in one or more 462 municipal corporations, the officers and employees of each 463 affected county or municipal corporation may charge the railroad 464 company with only one violation of the law arising from the same 465 facts and circumstances and the same act.

667 Page 18 As ReportedPassed by the House Public Safety Committee the Revised Code are hereby repealed.