As Introduced

136th General Assembly

Regular Session H. B. No. 667

2025-2026

To amend sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021, 5120.038, 5589.21, and 5589.211 of the Revised Code to enact the Reagan Tokes and Patrick Heringer Act to require certain warrants to be entered into LEADS, to require GPS monitoring of offenders released from prison, and to modify T-CAP requirements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021, 5120.038, 5589.21, and 5589.211 of the Revised Code be amended to read as follows:

Sec. 2929.141. (A) Upon the conviction of or plea of guilty to a felony by a person on post-release control at the time of the commission of the felony, the court may terminate the term of post-release control, and the court may do either of the following regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on post-release control:

(1) In addition to any prison term for the new felony, impose a prison term for the post-release control violation. The maximum prison term for the violation shall be the greater of twelve months or the period of post-release control for the earlier felony ~~minus any time~~ that remains on the date that the person ~~has spent under post-release control for the earlier~~ committed the new felony. In all cases, any prison term imposed for the violation shall be reduced by any prison term that is administratively imposed by the parole board as a post-release control sanction. A prison term imposed for the violation shall be served consecutively to any prison term imposed for the new felony. The imposition of a prison term for the post-release control violation shall terminate the period of post-release control for the earlier felony.

(2) Impose a sanction under sections 2929.15 to 2929.18 of the Revised Code for the violation that shall be served concurrently or consecutively, as specified by the court, with any community control sanctions for the new felony.

(B) If a person on post-release control was acting pursuant to division (B)(2)(b) of section 2925.11 or a related provision under section 2925.12, 2925.14, or 2925.141 of the Revised Code and in so doing violated the conditions of a post-release control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code, or violated section 2925.12, division (C)(1) of section 2925.14, or section 2925.141 of the Revised Code, the court shall not impose any of the penalties described in division (A) of this section based on the violation.

(C) Upon the conviction of or plea of guilty to a felony by a person on transitional control under section 2967.26 of the Revised Code at the time of the commission of the felony, the court may, in addition to any prison term for the new felony, impose a prison term not exceeding twelve months for having committed the felony while on transitional control. An additional prison term imposed pursuant to this section shall be served consecutively to any prison term imposed for the new felony. The sentencing court may impose the additional prison term authorized by this section regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on transitional control.

Sec. 2929.34. (A) A person who is convicted of or pleads guilty to aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of life imprisonment or a prison term pursuant to that conviction shall serve that term in an institution under the control of the department of rehabilitation and correction.

(B)(1) A person who is convicted of or pleads guilty to a felony other than aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of imprisonment or a prison term pursuant to that conviction shall serve that term as follows:

(a) Subject to divisions (B)(1)(b), (B)(2), and (B)(3) of this section, in an institution under the control of the department of rehabilitation and correction if the term is a prison term or as otherwise determined by the sentencing court pursuant to section 2929.16 of the Revised Code if the term is not a prison term;

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

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

(3)(a) As used in divisions (B)(3)(a) to (d) of this section, "voluntary county" means any county in which the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county enter into an agreement of the type described in division (B)(3)(b) of this section and in which the agreement has not been terminated as described in that division.

(b)(i) In any voluntary county, the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county may agree to having the county participate in the targeted community alternatives to prison (T-CAP) program for prisoners who serve a term in a facility pursuant to division (B)(3)(c) of this section by submitting a memorandum of understanding, either as a single county or jointly with other counties, to the department of rehabilitation and correction for approval, pursuant to section 5149.38 of the Revised Code. A board of county commissioners and an administrative judge of a court of common pleas that enter into an agreement of the type described in this division may terminate the agreement, but a termination under this division shall take effect only at the end of the state fiscal biennium in which the termination decision is made.

(ii) The department of rehabilitation and correction shall establish deadlines for a voluntary county to indicate the voluntary county's participation in the targeted community alternatives to prison (T-CAP) program before each state fiscal biennium.

(iii) In reviewing a submitted memorandum of understanding for approval, the department of rehabilitation and correction shall prioritize a voluntary county that has previously been a voluntary county. The department of rehabilitation and correction may review a memorandum of understanding for a new voluntary county if the general assembly has appropriated sufficient funds for that purpose.

(c) Except as provided in division (B)(3)(d) of this section, in any voluntary county, either division (B)(3)(c)(i) or divisions (B)(3)(c)(i) and (ii) of this section shall apply:

(i) On and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fifth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. The person shall instead serve the sentence as a term of confinement in a facility of a type described in division (C) or (D) of this section.

(ii) On and after September 1, 2022, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fourth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. The person shall instead serve the sentence as a term of confinement in a facility of a type described in division (C) or (D) of this section.

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

(d) Division (B)(3)(c) of this section does not apply to any person to whom any of the following apply:

(i) The felony of the fourth or fifth degree was an offense of violence, as defined in section 2901.01 of the Revised Code, a sex offense under Chapter 2907. of the Revised Code, a violation of section 2925.03 of the Revised Code, or any offense for which a mandatory prison term is required.

(ii) The person previously has been convicted of or pleaded guilty to any felony offense of violence, as defined in section 2901.01 of the Revised Code, unless the felony of the fifth degree for which the person is being sentenced is a violation of division (I)(1) of section 2903.43 of the Revised Code.

(iii) The person previously has been convicted of or pleaded guilty to any felony sex offense under Chapter 2907. of the Revised Code.

(iv) The person previously has been convicted of or pleaded guilty to two or more felony offenses that were not felony offenses of violence.

(v) The person previously was under a community control sanction for a felony offense that was not a felony offense of violence, and the person had the community control sanction for that felony offense unfavorably terminated.

(vi) The person was under post-release control at the time the person committed the felony of the fourth or fifth degree.

(vii) The person's sentence is required to be served concurrently to any other sentence imposed upon the person for a felony that is required to be served in an institution under the control of the department of rehabilitation and correction.

(C) A person who is convicted of or pleads guilty to one or more misdemeanors and who is sentenced to a jail term or term of imprisonment pursuant to the conviction or convictions shall serve that term in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse; in a community alternative sentencing center or district community alternative sentencing center when authorized by section 307.932 of the Revised Code; or, if the misdemeanor or misdemeanors are not offenses of violence, in a minimum security jail.

(D) Nothing in this section prohibits the commitment, referral, or sentencing of a person who is convicted of or pleads guilty to a felony to a community-based correctional facility.

Sec. 2935.10. (A) As used in this section:

(1) "Detention" has the same meaning as in section 2921.01 of the Revised Code.

(2) "Public safety answering point" has the same meaning as in section 128.01 of the Revised Code.

(3) "Targeted violent offender" means an offender to whom both of the following apply:

(a) The offender is subject to the supervision of the adult parole authority.

(b) The offender has been determined to have a higher risk of reoffending and a higher risk of committing a violent offense upon reoffending based on the adult parole authority's use of the Ohio risk assessment system, the state correctional institutional classification tool, the violence predictor risk assessment, or another tool that assesses the offender's risk of reoffending or committing a violent offense upon reoffending.

(B) Upon the filing of an affidavit or complaint as provided by section 2935.09 of the Revised Code, if it charges the commission of a felony, such judge, clerk, or magistrate, unless the judge, clerk, or magistrate has reason to believe that it was not filed in good faith, or the claim is not meritorious, shall forthwith issue a warrant for the arrest of the person charged in the affidavit, and directed to a peace officer; otherwise the judge, clerk, or magistrate shall forthwith refer the matter to the prosecuting attorney or other attorney charged by law with prosecution for investigation prior to the issuance of warrant.

~~(B)~~(C) If the offense charged is a misdemeanor or violation of a municipal ordinance, such judge, clerk, or magistrate may:

(1) Issue a warrant for the arrest of such person, directed to any officer named in section 2935.03 of the Revised Code but in cases of ordinance violation only to a police officer or marshal or deputy marshal of the municipal corporation;

(2) Issue summons, to be served by a peace officer, bailiff, or court constable, commanding the person against whom the affidavit or complaint was filed to appear forthwith, or at a fixed time in the future, before such court or magistrate. Such summons shall be served in the same manner as in civil cases.

~~(C)~~(D) If the affidavit is filed by, or the complaint is filed pursuant to an affidavit executed by, a peace officer who has, at the officer's discretion, at the time of commission of the alleged offense, notified the person to appear before the court or magistrate at a specific time set by such officer, no process need be issued unless the defendant fails to appear at the scheduled time.

~~(D)~~(E) Any person charged with a misdemeanor or violation of a municipal ordinance may give bail as provided in sections 2937.22 to 2937.46 of the Revised Code, for the person's appearance, regardless of whether a warrant, summons, or notice to appear has been issued.

~~(E)~~(F) Any warrant, summons, or any notice issued by the peace officer shall state the substance of the charge against the person arrested or directed to appear.

~~(F)~~(G) When the offense charged is a misdemeanor, and the warrant or summons issued pursuant to this section is not served within two years of the date of issue, a judge or magistrate may order such warrant or summons withdrawn and the case closed, when it does not appear that the ends of justice require keeping the case open.

~~(G)(1)~~(H)(1) Any warrant issued for ~~a tier one offense~~ any of the following shall be entered, by the law enforcement agency requesting the warrant and within forty-eight hours of receipt of the warrant, into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation:

(a) A tier one offense;

(b) A person who is under detention and breaks detention or fails to return to detention and who is under a community control sanction or a residential sanction for committing a tier one offense;

(c) A person who is under detention and breaks detention or fails to return to detention, who is under a community control sanction or a residential sanction, and who is a targeted violent offender.

(2) All warrants issued ~~for tier one offenses~~ under division (H)(1) of this section shall be entered, by the law enforcement agency that receives the warrant with a nationwide extradition radius, into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS.

(3) If a warrant is issued under division (H)(1)(b) or (c) of this section, the law enforcement agency requesting the warrant, within forty-eight hours of receipt of the warrant, shall notify the public safety answering point of the warrant.

(4) If a law enforcement agency discovers that a warrant entered pursuant to section ~~(G)(1)~~(H)(1) of this section into the law enforcement automated data system and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation was entered in error, the law enforcement agency shall remove the warrant from the law enforcement automated data system and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation within forty-eight hours following the discovery of the error.

~~(4)~~(5) If a warrant is entered pursuant to division ~~(G)(1)~~(H)(1) of this section into the law enforcement automated data system and the national crime information center (NCIC) maintained by the federal bureau of investigation, a law enforcement agency shall remove the warrant from the system and center within forty-eight hours of warrant service or dismissal or recall by the issuing court.

Sec. 2935.11. If the person summoned to appear as provided in division ~~(B)~~(C) of section 2935.10 of the Revised Code fails to appear without just cause and personal service of the summons was had upon ~~him~~the person, hethe person may be found guilty of contempt of court, and may be fined not to exceed twenty dollars for such contempt. Upon failure to appear the court or magistrate may forthwith issue a warrant for ~~his~~the person's arrest.

Sec. 5120.021. (A) The provisions of Chapter 5120. of the Revised Code, as they existed prior to July 1, 1996, and that address the duration or potential duration of incarceration or parole or other forms of supervised release, apply to all persons upon whom a court imposed a term of imprisonment prior to July 1, 1996, and all persons 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)(1) The provisions of Chapter 5120. of the Revised Code, as they exist on or after July 1, 1996, and that address the duration or potential duration of incarceration or supervised release, apply to all persons upon whom a court imposed a stated prison term for an offense committed on or after July 1, 1996.

(2) The provisions of Chapter 5120. of the Revised Code, as they exist on or after ~~the effective date of this amendment~~ March 22, 2019, and prior to the effective date of this amendment, apply to an offender who is released from confinement in a state correctional institution on or after ~~that date~~ March 22, 2019, and prior to the effective date of this amendment.

(3) The provisions of Chapter 5120. of the Revised Code, as they exist on or after the effective date of this amendment, apply to an offender who is released from confinement in a state correctional institution on or after that date.

(C) Nothing in this section limits or affects the applicability of any provision in Chapter 5120. of the Revised Code, as amended or enacted on or after July 1, 1996, that pertains to an issue other than the duration or potential duration of incarceration or supervised release, to persons in custody or under the supervision of the department of rehabilitation and correction.

Sec. 5120.038. (A) As used in this section, "GPS-monitored offender" means an offender who, on or after the effective date of divisions (B) to (D) of this section, is released from confinement in a state correctional institution under a conditional pardon, parole, other form of authorized release, or transitional control that includes global positioning system monitoring as a condition of the person's release, or who, on or after that date, is placed under post-release control that includes global positioning system monitoring as a condition under the post-release control.

(B) Not later than June 30, 2019, the department of rehabilitation and correction shall study the feasibility of contracting with a third-party contract administrator for global position system monitoring that would include a crime scene correlation program that could interface by link with a statewide database for GPS-monitored offenders. The study also shall analyze the use of GPS monitoring as a supervision tool. In conducting the study, the department shall consider all of the following factors:

(1) The ability of the department or another state entity to establish and operate a statewide internet database of GPS-monitored offenders and the specific information that such a database could include.

(2) The capability for a GPS monitoring system run by a third-party contract administrator to include a crime scene correlation program that interfaces by link with a statewide database of GPS-monitored offenders.

~~(3) The ability of local law enforcement representatives to remotely search a statewide internet database of GPS-monitored offenders that is linked with a crime scene correlation program.~~

(4) The capability for a GPS monitoring system with crime scene correlation features to allow local law enforcement representatives without a subpoena or warrant to access information contained in the crime scene correlation program about a GPS-monitored offender, including the offender's current location, the offender's location at previous points in time, the location of recent criminal activity in or near the offender's inclusionary or exclusionary zones included as restrictions under the offender's supervision, and any possible connection between the offender's location and that recent criminal activity.

(5) The ability of law enforcement representatives to obtain, without a warrant or subpoena, information about a GPS-monitored offender from either an employee of the department or a third-party contract administrator who is monitoring the offender, including information of the types listed in division (B)(4) of this section.

~~(6) The types of offenders for whom GPS monitoring would be beneficial, the appropriate length for monitoring, and the costs related to GPS monitoring.~~

(C) Upon completion of the study specified in division (B) of this section, the department shall submit copies of the study to the president and minority leader of the senate, the speaker and minority leader of the house of representatives, and the governor.

(B)(1) On and after the effective date of this amendment, each global positioning system monitor that is used to monitor a GPS-monitored offender shall specify and monitor restrictions for the offender. The restrictions shall include for the offender inclusionary zones and exclusionary zones, and may include for the offender a curfew specifying times of required presence in the inclusionary zone and any other reasonable restrictions.

(2) On or after the effective date of this amendment, the department of rehabilitation and correction shall contract with a single vendor for global positioning system monitoring of GPS-monitored offenders under this section. Any contract that the department of rehabilitation and correction enters into on or after the effective date of this amendment with a vendor for global positioning system monitoring of GPS-monitored offenders shall require all of the following:

(a) That the global positioning system used by the vendor to perform the actual monitoring of the offender include a crime scene correlation program;

(b) That the crime scene correlation program included in the vendor's global positioning system to perform the actual monitoring of the offender will allow local law enforcement representatives or their designees to obtain, without need for a subpoena or warrant, real-time access or active global positioning system access to information contained in the program about a GPS-monitored offender's location at that time and, to the extent that it is available, at other previous points in time identified by the representative or designee, about the location of recent criminal activity in or near the offender's inclusionary or exclusionary zones, and about any possible connection between the offender's location and that recent criminal activity;

(c) That the global positioning system used by the vendor to perform the actual monitoring of the offender be monitored continuously and that the access described in division (B)(2)(b) of this section be afforded twenty-four hours a day and seven days a week.

(C)(1) On and after the effective date of this amendment, the vendor used for global positioning system monitoring of a GPS-monitored offender shall comply in the monitoring of the offender with system requirements of the department of rehabilitation and correction that exist on that date for global positioning system monitoring of such offenders.

(2) If, on the effective date of this amendment, the department of rehabilitation and correction has not established system requirements of the type described in division (C)(1) of this section, within a reasonable period of time after that effective date, the department shall establish system requirements for global positioning system monitoring of GPS-monitored offenders. After establishment of the requirements, the department and the vendor used for global positioning system monitoring shall comply with the established system requirements in the monitoring of a GPS-monitored offender.

(D) The department of rehabilitation and correction may, in accordance with Chapter 119. of the Revised Code, adopt rules prescribing procedures for implementing the global positioning system monitoring of a GPS-monitored offender under this section.

Sec. 5589.21. (A) No railroad company shall obstruct, or permit or cause to be obstructed a public street, road, or highway, by permitting a railroad car, locomotive, or other obstruction to remain upon or across it for longer than five minutes, to the hindrance or inconvenience of travelers or a person passing along or upon such street, road, or highway.

(B) At the end of each five minute period of obstruction of a public street, road, or highway, each railroad company shall cause such railroad car, locomotive, or other obstruction to be removed for sufficient time, not less than three minutes, to allow the passage of persons and vehicles waiting to cross.

(C) This section does not apply to obstruction of a public street, road, or highway by a continuously moving through train or caused by circumstances wholly beyond the control of the railroad company, but does apply to other obstructions, including without limitation those caused by stopped trains and trains engaged in switching, loading, or unloading operations.

(D) If a railroad car, locomotive, or other obstruction is obstructing a public street, road, or highway in violation of division (A) of this section and the violation occurs in the unincorporated area of one or more counties, or in one or more municipal corporations, the officers and employees of each affected county or municipal corporation may charge the railroad company with only one violation of the law arising from the same facts and circumstances and the same act.

(E) Upon the filing of an affidavit or complaint for violation of division (A) of this section, summons shall be issued to the railroad company pursuant to division ~~(B)~~(C) of section 2935.10 of the Revised Code, which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.

Sec. 5589.211. No railroad company shall obstruct, or permit or cause to be obstructed, a public street, road, or highway, by permitting any part of a train whose crew has abandoned the locomotive to remain across it for longer than five minutes to the hindrance or inconvenience of travelers or a person passing along or upon the street, road, or highway, unless the safety of the train crew requires them to abandon the locomotive.

Upon the filing of an affidavit or complaint for violation of this section, summons shall be issued to the railroad company pursuant to division ~~(B)~~(C) of section 2935.10 of the Revised Code, which summons shall be served on the regular ticket or freight agent of the company in the county where the offense occurred.

Section 2. That existing sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021, 5120.038, 5589.21, and 5589.211 of the Revised Code are hereby repealed.

Section 3. This act shall be known as the Reagan Tokes and Patrick Heringer Act.