As Introduced
132nd General Assembly
Regular Session S. B. No. 274
2017-2018
Senator McColley
Cosponsors: Senators Lehner, Hoagland, Beagle, Sykes
A BILL
To amend sections 2903.212, 2907.41, 2919.251, 2935.15, 2937.22, 2937.222, 2937.23, and 2941.58 and to enact sections 2937.223, 2937.231, and 2937.47 of the Revised Code to require courts to use the results of a validated risk assessment tool in bail determinations; to allow nonmonetary bail to be set; to require courts to collect certain data on bail, pretrial release, and sentencing; and to require the Supreme Court to create a list of validated risk assessment tools and monitor the policies and procedures of courts in setting bail and utilizing pretrial supervision services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.212, 2907.41, 2919.251, 2935.15, 2937.22, 2937.222, 2937.23, and 2941.58 be amended and sections 2937.223, 2937.231, and 2937.47 of the Revised Code be enacted to read as follows:
Sec.
2903.212.
(A) Except when the complaint involves a person
who is a family or household member as defined in section 2919.25
of the Revised Code, if a person is charged with a violation
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the
Revised Code, a violation of a municipal ordinance that is
substantially
similar to one of those sections, or a sexually oriented
offense and if the person, at the time of the alleged violation,
was subject to the terms of any order issued pursuant to
section 2903.213, 2933.08, or 2945.04 of the Revised Code or
previously
had been convicted of or pleaded guilty to a violation
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the
Revised Code that involves the same complainant, a violation of
a municipal ordinance that is substantially similar to one of those
sections and that involves the same complainant, or a sexually
oriented offense that involves the same complainant, the
court shall consider all of the following, in addition to any
other circumstances considered by the court including
the results
of a validated risk assessment tool and
notwithstanding any
provisions to the contrary contained in Criminal Rule 46, before
setting the
amount and conditions of the bail
for the person:
(1) Whether the person has a history of violence toward the complainant or a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether setting bail at a high level will interfere with any treatment or counseling that the person is undergoing.
(B)
Any
court that has jurisdiction over violations of section
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code,
violations of a municipal ordinance that is substantially similar
to one of those sections, or sexually oriented offenses may
set a schedule for bail to be used in cases involving those
violations.
The schedule shall require that a judge consider all of
the factors listed in division (A) of this section and may require
judges to set bail at a certain level or impose other reasonable
conditions related to a release on bail or on recognizance
if the history of the alleged offender or the circumstances
of the alleged offense meet certain criteria in the
schedule.
(C)
As
used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec.
2907.41.
(A) Subject to division (D)
(C)
of
this section,
a person who is charged with the commission of any sexually
oriented offense or with a violation of section 2907.09 of
the Revised Code shall appear before the court for the setting
of bail if the person charged previously was convicted of
or pleaded guilty to a sexually oriented offense, a violation of
section 2907.09 of the Revised Code, or a violation of an existing
or former municipal ordinance or law of this or any other
state or the United States that is substantially similar to
section 2907.09 of the Revised Code.
(B) To the extent that information about any of the following is available to the court, the court, in addition to any other circumstances considered by the court including the results of a validated risk assessment tool and notwithstanding any provisions to the contrary contained in Criminal Rule 46, shall consider all of the following before setting bail for a person who appears before the court pursuant to division (A) of this section:
(1)
Whether the person previously has been adjudicated a sexual
predator or child-victim predator pursuant to Chapter 2950.
of the Revised Code, previously has been determined to be a
habitual sex offender or habitual child-victim offender pursuant
to that
Chapter
chapter,
has a history of committing sexually
oriented offenses or child-victim oriented offenses, or has
a history of committing violations of section 2907.09 of the Revised
Code or violations of an existing or former municipal ordinance
or law of this or any other state or the United States that
is substantially similar to that section;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether the person has access to deadly weapons or a history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or any controlled substance;
(7) The severity of the alleged conduct of the person that is the basis of the offense, including but not limited to, the duration of the alleged conduct, and whether the alleged conduct involved physical injury, assault, violence, or forcible entry to gain access to an alleged victim;
(8) Whether the person has exhibited obsessive or controlling behaviors toward another person, including, but not limited to, stalking, surveillance, or isolation of another person;
(9) Whether the person has expressed suicidal or homicidal ideations;
(10) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
(C)
Any court that has jurisdiction over charges alleging the
commission of a sexually oriented offense or a violation of section
2907.09 of the Revised Code, in circumstances in which the
person charged previously was convicted of or pleaded guilty to
any of the offenses or violations described in division (A) of
this section, may set a schedule for bail to be used in cases
involving
those offenses and violations. The schedule shall require
that a judge consider all of the factors listed in division
(B) of this section and may require judges to set bail at
a certain level if the history of the alleged offender or the
circumstances
of the alleged offense meet certain criteria in the
schedule.
(D)(1)
Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may permit
a person who is required to appear before it by division (A)
of this section to appear by video conferencing equipment.
(2)
If, in the opinion of the court, the appearance in person
or by video conferencing equipment of a person who is charged
with a misdemeanor and who is required to appear before the
court by division (A) of this section is not practicable, the
court may waive the appearance and release the person on bail
in accordance with the court's schedule for bail set under division
(C) of this section or, if the court has not set a schedule
for bail under that division, on one or both of the following
types of bail in an amount set by the court:
(a)
A bail bond secured by a deposit of ten per cent of the
amount of the bond in cash;
(b)
A surety bond, a bond secured by real estate or securities
as allowed by law, or the deposit of cash, at the option
of the person
set after
considering all
of the factors listed
in division (B) of this section.
Every court other than a juvenile
court shall consider the results of a validated risk assessment
tool before setting bail under this section. A juvenile
court setting bail under this section may, but is not required
to, consider the results of a validated risk assessment tool.
(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a sexually oriented offense or a violation of section 2907.09 of the Revised Code who is not described in that division from appearing before the court for the setting of bail.
(E)
(D)
As
used in this section,
"child-victim :
(1) "Child-victim oriented offense," "child-victim predator," "habitual child-victim offender," "habitual sex offender," "sexually oriented offense," and "sexual predator" have the same meanings as in section 2950.01 of the Revised Code.
(2) "Validated risk assessment tool" means a risk assessment tool that has been included in a list of validated risk assessment tools by the supreme court, or any board, commission, or other state government entity designated by the supreme court, pursuant to section 2937.47 of the Revised Code.
Sec.
2919.251.
(A) Subject to division (D)
(C)
of
this section,
a person who is charged with the commission of any offense
of violence shall appear before the court for the setting
of bail if the alleged victim of the offense charged was a
family or household member at the time of the offense and if any
of the following applies:
(1) The person charged, at the time of the alleged offense, was subject to the terms of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code or previously was convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a violation of section 2919.27 of the Revised Code involving a protection order or consent agreement of that type, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to either section, a violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the offense;
(2) The arresting officer indicates in a police report or other document accompanying the complaint any of the following:
(a) That the arresting officer observed on the alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
(b) That the arresting officer reasonably believes that the person had on the person's person at the time of the alleged offense a deadly weapon or dangerous ordnance;
(c) That the arresting officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
(B) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court including the results of a validated risk assessment tool and notwithstanding any provisions to the contrary contained in Criminal Rule 46, before setting bail for a person who appears before the court pursuant to division (A) of this section:
(1) Whether the person has a history of domestic violence or a history of other violent acts;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether the person has access to deadly weapons or a history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or any controlled substance;
(7) The severity of the alleged violence that is the basis of the offense, including but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(8) Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
(9) Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including but not limited to, stalking, surveillance, or isolation of the alleged victim;
(10) Whether the person has expressed suicidal or homicidal ideations;
(11) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
(C)
Any court that has jurisdiction over charges alleging the
commission of an offense of violence in circumstances in which
the alleged victim of the offense was a family or household
member at the time of the offense may set a schedule for
bail to be used in cases involving those offenses. The schedule
shall require that a judge consider all of the factors listed
in division (B) of this section and may require judges to set
bail at a certain level if the history of the alleged offender
or the circumstances of the alleged offense meet certain
criteria in the schedule.
(D)(1)
Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may permit
a person who is required to appear before it by division (A)
of this section to appear by video conferencing equipment.
(2)
If in the opinion of the court the appearance in person
or by video conferencing equipment of a person who is charged
with a misdemeanor and who is required to appear before the
court by division (A) of this section is not practicable, the
court may waive the appearance and release the person on bail
in accordance with the court's schedule for bail set under division
(C) of this section or, if the court has not set a schedule
for bail under that division, on one or both of the following
types of bail in an amount set by the court:
(a)
A bail bond secured by a deposit of ten per cent of the
amount of the bond in cash;
(b)
A surety bond, a bond secured by real estate or securities
as allowed by law, or the deposit of cash, at the option
of the person
set after considering all
of the factors listed
in division (B) of this section.
Every court other than a juvenile
court shall consider the results of a validated risk assessment
tool before setting bail under this section. A juvenile
court setting bail under this section may, but is not required
to, consider the results of a validated risk assessment tool.
(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with an offense of violence who is not described in that division from appearing before the court for the setting of bail.
(E)
(D)
As
used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Dangerous ordnance" and "deadly weapon" have the same meanings as in section 2923.11 of the Revised Code.
(3) "Validated risk assessment tool" means a risk assessment tool that has been included in a list of validated risk assessment tools by the supreme court, or any board, commission, or other state government entity designated by the supreme court, pursuant to section 2937.47 of the Revised Code.
Sec.
2935.15.
Amount
of bail,
and
nature of security therefor
set
or conditions required as bail
in
misdemeanor cases may
be set
by a schedule fixed by the court or magistrate, or it may
be endorsed
on the warrant by the magistrate or clerk of the issuing
court. If
the amount be not endorsed on the warrant, the schedule
set by the court or magistrate before whom bail is taken
shall prevail. All
recognizances taken, or cash received shall
be promptly transmitted to the court issuing the warrant, and
further proceedings thereon
on
that warrant
shall
be the same
as if taken by the issuing court.
Sec. 2937.22. (A) Bail is the security or conditions required for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave. It may take any of the following forms:
(1) Any condition that the judge or magistrate determines is appropriate to reasonably ensure public safety and to ensure that the accused appears in court as required and does not depart without leave;
(2) The deposit of cash by the accused or by some other person for the accused;
(2)
(3)
The
deposit by the accused or by some other person for
the accused in form of bonds of the United States, this state,
or any political subdivision thereof in a face amount equal
to the sum set by the court or magistrate. In case of bonds
not negotiable by delivery such bonds shall be properly endorsed
for transfer.
(3)
(4)
The
written undertaking by one or more persons to forfeit
the sum of money set by the court or magistrate, if the accused
is in default for appearance, which shall be known as a recognizance.
(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, other than bail described in division (A)(1) of this section, the person shall pay a surcharge of twenty-five dollars. The clerk of the court shall retain the twenty-five dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the twenty-five dollars on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the treasurer of state, and the treasurer of state shall deposit it into the indigent defense support fund created under section 120.08 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the twenty-five dollars to the person.
(C) All bail shall be received by the clerk of the court, deputy clerk of court, or by the magistrate, or by a special referee appointed by the supreme court pursuant to section 2937.46 of the Revised Code, and, except in cases of recognizances and conditions, receipt shall be given therefor.
(D) As used in this section, "moving violation" has the same meaning as in section 2743.70 of the Revised Code.
Sec.
2937.222. (A)
On the motion of the prosecuting attorney
or on the judge's own motion, the judge shall hold a hearing
to determine whether an accused person charged with aggravated
murder when
it is not
a capital offense,
murder, or
a
felony
of
the first or second degree, a violation of section 2903.06
of the Revised Code, a violation of section 2903.211 of the
Revised Code that is a felony, or a felony OVI offense
shall be
denied bail. The judge shall order that the accused be detained
until the conclusion of the hearing. Except for good cause,
a continuance on the motion of the state shall not exceed three
court days. Except for good cause, a continuance on the motion
of the accused shall not exceed five court days unless the
motion of the accused waives in writing the five-day limit and
states in writing a specific period for which the accused requests
a continuance. A continuance granted upon a motion of the
accused that waives in writing the five-day limit shall not exceed
five court days after the period of continuance requested in
the motion.
At the hearing, the accused has the right to be represented by counsel and, if the accused is indigent, to have counsel appointed. The judge shall afford the accused an opportunity to testify, to present witnesses and other information, and to cross-examine witnesses who appear at the hearing. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. Regardless of whether the hearing is being held on the motion of the prosecuting attorney or on the court's own motion, the state has the burden of proving that the proof is evident or the presumption great that the accused committed the offense with which the accused is charged, of proving that the accused poses a substantial risk of serious physical harm to any person or to the community, and of proving that no release conditions will reasonably assure the safety of that person and the community.
The judge may reopen the hearing at any time before trial if the judge finds that information exists that was not known to the movant at the time of the hearing and that that information has a material bearing on whether bail should be denied. If a municipal court or county court enters an order denying bail, a judge of the court of common pleas having jurisdiction over the case may continue that order or may hold a hearing pursuant to this section to determine whether to continue that order.
(B) No accused person shall be denied bail pursuant to this section unless the judge finds by clear and convincing evidence that the proof is evident or the presumption great that the accused committed the offense described in division (A) of this section with which the accused is charged, finds by clear and convincing evidence that the accused poses a substantial risk of serious physical harm to any person or to the community, and finds by clear and convincing evidence that no release conditions will reasonably assure the safety of that person and the community.
(C) The judge, in determining whether the accused person described in division (A) of this section poses a substantial risk of serious physical harm to any person or to the community and whether there are conditions of release that will reasonably assure the safety of that person and the community, shall consider all available information regarding all of the following:
(1) Subject to division (E) of this section, the results of a validated risk assessment tool;
(2) The nature and circumstances of the offense charged, including whether the offense is an offense of violence or involves alcohol or a drug of abuse;
(2)
(3)
The weight of the evidence
against the accused;
(3)
(4)
The history and
characteristics of the accused, including, but not limited to, both
of the following:
(a) The character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, and criminal history of the accused;
(b) Whether, at the time of the current alleged offense or at the time of the arrest of the accused, the accused was on probation, parole, post-release control, or other release pending trial, sentencing, appeal, or completion of sentence for the commission of an offense under the laws of this state, another state, or the United States or under a municipal ordinance.
(4)
(5)
The nature and seriousness of
the danger to any person or the community that would be posed by the
person's release;
(6) The likelihood that the accused would appear when required by the court if released.
(D)(1) An order of the court of common pleas denying bail pursuant to this section is a final appealable order. In an appeal pursuant to division (D) of this section, the court of appeals shall do all of the following:
(a) Give the appeal priority on its calendar;
(b) Liberally modify or dispense with formal requirements in the interest of a speedy and just resolution of the appeal;
(c) Decide the appeal expeditiously;
(d) Promptly enter its judgment affirming or reversing the order denying bail.
(2) The pendency of an appeal under this section does not deprive the court of common pleas of jurisdiction to conduct further proceedings in the case or to further consider the order denying bail in accordance with this section. If, during the pendency of an appeal under division (D) of this section, the court of common pleas sets aside or terminates the order denying bail, the court of appeals shall dismiss the appeal.
(E) In determining whether an accused person described in division (A) of this section poses a substantial risk of serious physical harm to any person or to the community and whether there are conditions of release that will reasonably assure the safety of that person and the community, a juvenile court judge may, but is not required to, consider the results of a validated risk assessment tool.
(1) "Court day" has the same meaning as in section 5122.01 of the Revised Code.
(2)
"Felony OVI offense" means a third degree felony OVI
offense
and a fourth degree felony OVI offense.
(3)
"Fourth degree felony OVI offense" and "third degree
felony
OVI offense" have the same meanings as in section 2929.01 of
the Revised Code.
"Validated risk assessment tool" means a risk
assessment tool that has been included in a list of validated
risk assessment tools by the supreme
court, or any board,
commission, or other state government entity designated by
the supreme court,
pursuant to section 2937.47
of the Revised Code.
Sec. 2937.223. A municipal court, county court, or court of common pleas may contract with the department of rehabilitation and correction for pretrial supervision services if there is no other pretrial services agency available within the court's territorial jurisdiction.
Sec.
2937.23.
(A)(1) In a case involving a felony or a violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code
when the victim of the offense is a peace officer, the judge
or magistrate,
except as provided in section 2937.222 of the
Revised Code,
shall fix
the amount of set
bail.
(2)
In a case involving a misdemeanor or a violation of a municipal
ordinance and not involving a felony or a violation of section
2903.11, 2903.12, or 2903.13 of the Revised Code when the victim of
the offense is a peace officer, the judge, magistrate, or clerk of
the court may fix
the amount of set
bail and
may do so in accordance with a schedule previously fixed by the
judge or magistrate
upon consideration of all relevant factors,
including the results of a validated risk assessment tool.
If the judge, magistrate, or clerk of the court is not readily
available, the sheriff, deputy sheriff, marshal, deputy marshal,
police officer, or jailer having custody of the person charged may
fix
the amount of set
bail in accordance with a schedule
previously fixed by the judge or magistrate and shall take the bail
only in the county courthouse, the municipal or township building, or
the county or municipal jail.
(3) In any case in which the accused is held in lieu of bond and in which bail was set in accordance with a schedule, the judge, magistrate, or clerk shall set bail for the accused upon consideration of all relevant factors, including the results of a validated risk assessment tool, as soon as the judge, magistrate, or clerk is readily available. Every court other than a juvenile court shall consider the results of a validated risk assessment tool before setting bail. A juvenile court setting bail under this section may, but is not required, to consider the results of a validated risk assessment tool. Bail set under division (A)(3) of this section shall supersede any bail set previously in accordance with a schedule.
(4)
In
all cases, the bail shall be fixed
set
with
consideration
of the seriousness of the offense charged, the previous
criminal record of the defendant, and the probability of
the defendant appearing at the trial of the case.
A judge, magistrate,
or clerk who sets bail shall first consider setting conditions
for bail, as described in division (A)(1) of section 2937.22
of the Revised Code.
(B) In any case involving an alleged violation of section 2903.211 of the Revised Code or of a municipal ordinance that is substantially similar to that section, the court shall determine whether it will order an evaluation of the mental condition of the defendant pursuant to section 2919.271 of the Revised Code and, if it decides to so order, shall issue the order requiring the evaluation before it sets bail for the person charged with the violation. In any case involving an alleged violation of section 2919.27 of the Revised Code or of a municipal ordinance that is substantially similar to that section and in which the court finds that either of the following criteria applies, the court shall determine whether it will order an evaluation of the mental condition of the defendant pursuant to section 2919.271 of the Revised Code and, if it decides to so order, shall issue the order requiring that evaluation before it sets bail for the person charged with the violation:
(1) Regarding an alleged violation of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code, that the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of a family or household member covered by the order or agreement or conduct by that defendant that caused a family or household member to believe that the defendant would cause physical harm to that member or that member's property;
(2) Regarding an alleged violation of a protection order issued pursuant to section 2903.213 or 2903.214 of the Revised Code, or a protection order issued by a court of another state, as defined in section 2919.27 of the Revised Code, that the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of the person covered by the order or conduct by that defendant that caused the person covered by the order to believe that the defendant would cause physical harm to that person or that person's property.
(C)
As used in this section,
"peace :
(1) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(2) "Validated risk assessment tool" means a risk assessment tool that has been included in a list of validated risk assessment tools by the supreme court, or any board, commission, or other state government entity designated by the supreme court, pursuant to section 2937.47 of the Revised Code.
Sec. 2937.231. (A) Every court, except a juvenile court, shall collect all of the following information about each criminal case handled by the court:
(1) Whether the defendant caused physical harm to persons or property while released on bail or under pretrial supervision;
(2) Whether the defendant failed to appear before the court as required after being released on bail or under pretrial supervision;
(3) Whether the court accepted the recommendation of a pretrial service agency in setting bail.
(B) Every court, except a juvenile court, shall collect the following information about each criminal case handled by the court:
(1) The date of the defendant's arrest;
(2) The date of the defendant's final release if the defendant was found not guilty in the case, or the complaint, indictment, or information in the case was dismissed, or the sentence was suspended at the time of sentencing;
(7) All of the following for any offense that the offender is charged with committing:
(b) The section of the Revised Code that specifies the offense;
(c) The degree of the offense;
(d) The validated risk assessment tool used to set bail;
(e) The risk score assigned to the offender;
(h) Whether a bail schedule was used.
(8) Any other information the supreme court requests for the purposes described in section 2937.47 of the Revised Code.
(C) The information described in divisions (A) and (B) of this section shall be made available to the supreme court, or any board, commission, or other state government entity designated by the supreme court, for the purposes described in section 2937.47 of the Revised Code.
Sec. 2937.47. (A) The supreme court, or any board, commission, or other state government entity designated by the supreme court, shall do all of the following:
(1) Within one year after the effective date of this section, create a list of validated risk assessment tools that courts may use for the purpose of setting bail under sections 2937.222 and 2937.23 of the Revised Code;
(2) Collect the information described in section 2937.231 of the Revised Code from every court, other than a juvenile court, and maintain a centralized database of that information;
(3) Report to the general assembly a summary of the policies and procedures of courts in setting bail and using pretrial supervision services, including a summary of the information described in section 2937.231 collected from the courts. The report shall be delivered by the thirty-first day of December of each even-numbered year.
(B) Any board, commission, or other state government entity designated under division (A) of this section is hereby designated a criminal justice agency as defined in section 109.571 of the Revised Code. As such, it is authorized by this state to access computerized and other databases administered by state and local agencies or jurisdictions for the administration of criminal justice and the maintenance of a centralized database of the information described in section 2937.231 of the Revised Code. The supreme court may also apply for access to such databases for the limited purposes described in this section.
Sec.
2941.58.
When a motion to quash or a plea in abatement
is adjudged in favor of the accused, the trial court may
order the case to be resubmitted to the grand jury, if then pending,
or to the next succeeding grand jury. The accused then may
be committed to jail or held
to bail
set
in
such
sum as the
manner
the
trial court requires for
his
the accused's
appearance to
answer at a time to be fixed by the court.
Section 2. That existing sections 2903.212, 2907.41, 2919.251, 2935.15, 2937.22, 2937.222, 2937.23, and 2941.58 of the Revised Code are hereby repealed.
Section 3. (A) The General Assembly, in enacting this act, respectfully requests that the Supreme Court of Ohio do all of the following within one year of the effective date of this act:
(1) Provide, in the Rules of Superintendence for the Courts of Ohio, a model policy for the supervision of defendants released prior to trial and a model judgment entry that includes entries for the findings of fact required by section 2937.231 of the Revised Code;
(2) Update the Rules of Criminal Procedure to conform the rules to sections 2907.41, 2919.251, 2935.15, 2937.22, 2937.222, 2937.23, and 2941.58 of the Revised Code, as amended by this act;
(3) Promulgate a Rule of Superintendence regarding the procedure for setting bail when a judge, magistrate, or clerk of the court is not readily available within a seventy-two hour period;
(4) Work with a representative of the surety bail bond agents of this state and other interested parties to select the validated risk assessment tools that courts may use for the purpose of setting bail.
(B) The municipal courts, county courts, and courts of common pleas shall be compliant with the provisions amended or enacted by this act and any changes to the Rules of Superintendence and Rules of Criminal Procedure resulting from this act not later than January 1, 2021.
Section 4. Section 2937.23 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 202 and Am. S.B. 142 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.