Ohio Revised Code Search
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Section 120.38 | Attorney-client privilege.
...(A) All information obtained by a public defender when determining if a person is indigent, shall be held confidential within the ethical standards of attorney-client communications, unless previously on public record, or made available to the court as provided in section 120.05 of the Revised Code. (B) All communications between the individual defendant and a public defender shall be fully protected by the attorney... |
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Section 120.39 | Conflict of interest.
...o-counsel appointed to assist the state public defender or a county or joint county public defender, and any public defender, county public defender, or joint county defender, or member of their offices, shall not be a partner or employee of any prosecuting attorney, city director of law, village solicitor, or similar chief legal officer. (B) A partner or employee of a village solicitor or of a law firm, legal profe... |
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Section 120.40 | Pay ranges.
...of county commissioners for the county public defender and those established by the joint board of county commissioners for the joint county public defender shall not exceed the pay ranges assigned under section 325.11 of the Revised Code for county prosecutors. (B) The pay ranges established by the board of county commissioners for the staff of the county public defender and those established by the joint b... |
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Section 120.41 | Indemnifying public defender in malpractice action.
...gainst a state, county, or joint county public defender or assistant public defender, the state, or the county or district in which the defender office is located when the action is brought against a county or joint county public defender or assistant public defender, shall indemnify the attorney, if he acted in good faith and in the scope of his employment, for any judgment awarded in the malpractice action or amoun... |
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Section 120.51 | Legal aid society funding definitions.
...ervices from an award to a client, from public funds, or from the opposing party. A case shall not be considered a fee generating case if adequate representation is unavailable or if any of the following circumstances exist concerning the case: (1) The legal aid society that represents the indigent in the case has determined that free referral is not possible for any of the following reasons: (a) The case has been ... |
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Section 120.52 | Legal aid fund.
...fund, which shall be for the charitable public purpose of providing financial assistance to legal aid societies that provide civil legal services to indigents. The fund shall contain all funds credited to it by the treasurer of state pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code. The treasurer of state may invest moneys contained in the legal aid fund in any man... |
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Section 120.521 | Access to justice foundation; fund.
...(A) The state public defender shall establish a charitable, tax exempt foundation, named the Ohio access to justice foundation, to actively solicit and accept gifts, bequests, donations, and contributions for use in providing financial assistance to legal aid societies, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall d... |
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Section 120.53 | Application for financial assistance.
...(A) A legal aid society that operates within the state may apply to the Ohio access to justice foundation for financial assistance from the legal aid fund established by section 120.52 of the Revised Code to be used for the funding of the society during the calendar year following the calendar year in which application is made. (B) An application for financial assistance made under division (A) of this section shal... |
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Section 120.54 | Uses of financial assistance.
...(A) A legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall use the financial assistance for only the following purposes: (1) To defray the costs of providing legal services to indigents; (2) To provide legal training and legal technical assistance to other eligible legal aid societies; and (3) If the legal aid society has entered into an agr... |
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Section 120.55 | Society to ensure conditions.
...In providing legal assistance, each legal aid society that receives financial assistance from the legal aid fund under section 120.53 of the Revised Code shall ensure all of the following: (A) The maintenance of quality service and professional standards; (B) That no person shall interfere with any attorney funded in whole or in part by sections 120.51 to 120.55 of the Revised Code in carrying out his professional ... |
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Section 123.01 | Powers and duties.
...) To erect, supervise, and maintain all public monuments and memorials erected by the state, except where the supervision and maintenance is otherwise provided by law; (4) To procure, by lease, storage accommodations for a state agency; (5) To lease or grant easements or licenses for unproductive and unused lands or other property under the control of a state agency. Such leases, easements, or licenses may be g... |
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Section 123.011 | Department of administrative services powers.
...(A) The department of administrative services may: (1) Fix, alter, and charge rentals and other charges for the use and occupancy of its buildings, facilities, and other properties; (2) Provide for the persons occupying its buildings, facilities, and other properties, health clinics, medical services, food services, and such other services as such persons cannot provide for themselves; and, if the department determ... |
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Section 123.02 | Director of administrative services - control of public works.
...es shall be appointed superintendent of public works and shall have the care and control of the public works of the state and shall protect, maintain, and keep them in repair. Subject to the approval of the governor, the director may purchase on behalf of the state such real or personal property, rights, or privileges as are necessary, in the director's judgment, to acquire in the maintenance of the public works or... |
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Section 123.03 | Director may maintain an action.
... violations of any law relating to the public works for an injury to property pertaining to the public works, or for any other cause which is necessary in the performance of the director's duties. |
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Section 123.04 | Rules and regulations.
...services shall have supervision of the public works of the state and shall make such rules and regulations for the maintenance and operation of the public works as are necessary. |
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Section 123.05 | Regulation and collection of tolls, rentals, and other revenues.
...he rate of tolls to be collected on the public works of the state, and shall fix all rentals and collect all tolls, rents, fines, commissions, fees, and other revenues arising from any source in the public works, including the sale, purchase, or rental of property, except that the director shall not collect a commission or fee from a real estate broker or the private owner when real property is leased or rented... |
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Section 123.06 | Office space for veterans organizations, auxiliary organizations and veterans' home agency.
...(A) The department of administrative services shall assign and make available, at state expense, suitable office space in state-owned facilities to accommodate the office operations of the state headquarters of both of the following: (1) All veterans organizations in this state that either are incorporated and issued a charter by the congress of the United States or are recognized by the United States departme... |
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Section 123.07 | Preferential parking for carpools, vanpools and buspools.
...Each state agency and any county, township, or municipal corporation owning, leasing, or controlling the operation of parking spaces for use by its employees may provide preferential parking for those vehicles used in carpools, vanpools, and buspools. The department of administrative services shall coordinate the efforts of the state agencies in providing preferential parking for such vehicles. |
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Section 123.08 | Appointment of employees.
...or the maintenance and operation of the public works. They shall be assigned to duty under the supervision of the director, under rules and regulations prescribed by the director. Any such employee, when deemed necessary by the director, shall give proper bond to the state, conditioned for the faithful performance of the employee's duties. Such bonds may, in the discretion of the director, be individual, schedu... |
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Section 123.09 | Claims paid upon order of director.
...air, maintenance, and operation of the public works of Ohio, including salary and expenses of all employees engaged in such work, shall be paid upon the order of the director of administrative services. |
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Section 123.10 | Authority to contract; declaration of public exigency.
...nd section 123.11 of the Revised Code, "public exigency" means an injury or obstruction that occurs in any public works of the state and that materially impairs its immediate use or places in jeopardy property adjacent to it; an immediate danger of such an injury or obstruction; or an injury or obstruction, or an immediate danger of an injury or obstruction, that occurs in any public works of the state and that mater... |
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Section 123.11 | Power to take lands and materials.
...When a public exigency, as defined in division (A) of section 123.10 of the Revised Code, exists, the executive director of the Ohio facilities construction commission may take possession of lands and use them, or materials and other property necessary for the maintenance, protection, or repair of the public works, in accordance with sections 163.01 to 163.22 of the Revised Code. |
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Section 123.12 | Written approval required for lease or sale of land.
...No land lease or sale of state lands shall be made by the director of administrative services except upon the written approval of the governor and the attorney general. |
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Section 123.13 | Custodian.
...d documents that pertain to any of the public works of this state. |
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Section 123.14 | State-owned real property study.
...(A) Every two years, the department of administrative services shall issue a report on all real property owned or leased by the state or a state agency. The director of administrative services shall deliver the report to the speaker of the house of representatives, the president of the senate, and the governor not later than the thirty-first day of January of every odd-numbered year. The study shall include all of th... |
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Section 5139.35 | Prior consent of committing court required for placement in less restrictive setting.
...(A) Except as provided in division (C) of this section and division (C)(2) of section 5139.06 of the Revised Code, the department of youth services shall not place a child committed to it pursuant to section 2152.16 or divisions (A) and (B) of section 2152.17 of the Revised Code who has not been institutionalized or institutionalized in a secure facility for the prescribed minimum period of institutionalization in a... |
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Section 5139.36 | Grants to operate community corrections facilities for felony delinquents.
...(A) In accordance with this section and the rules adopted under it and from funds appropriated to the department of youth services for the purposes of this section, the department shall make grants that provide financial resources to operate community corrections facilities for felony delinquents. (B)(1) Each community corrections facility that intends to seek a grant under this section shall file an applicati... |
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Section 5139.38 | Transferring felony delinquent to community facility for supervised treatment prior to ordering release.
...Within ninety days prior to the expiration of the prescribed minimum period of institutionalization of a felony delinquent committed to the department of youth services and with prior approval of the committing court, the department may transfer the felony delinquent to a community facility on supervised release as described in section 5139.18 of the Revised Code. For purposes of transfers under this section,... |
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Section 5139.39 | Transfer to certified foster care facility.
...The department of youth services, in the manner provided in this chapter and Chapter 2151. of the Revised Code, may transfer to a foster care facility certified by the department of children and youth under section 5103.03 of the Revised Code, any child committed to it and, in the event of a transfer of that nature, unless otherwise mutually agreed, the department of youth services shall bear the cost of care and ser... |
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Section 5139.41 | Formula for expending appropriation for care and custody of felony delinquents.
...munity corrections facility, except for public safety beds. At the end of the year, the department shall divide the amount of remaining credits of that county's allocation by the total number of remaining credits to all counties, to determine the county's percentage, which shall then be applied to the total county allocation to determine the county's payment for the fiscal year. (3) The department shall pay co... |
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Section 5139.43 | Felony delinquent care and custody program.
...w for all youths who do not qualify as public safety beds. The determination of which county a reduction of the care and custody allocation will be charged against shall be made as follows until each youth is released: (1) In the event of a commitment, the reduction shall be charged against the committing county. (2) In the event of a recommitment, the reduction shall be charged against the original committing... |
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Section 5139.45 | Office of quality assurance and improvement.
...ce records are confidential and are not public records under section 149.43 of the Revised Code and shall be used only in the course of the proper functions of a quality assurance program. (2) Except as provided in division (F) of this section, no person who possesses or has access to quality assurance records and who knows that the records are quality assurance records shall willfully disclose the contents of the ... |
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Section 5139.50 | Release authority - appointment - duties.
...y and shall neither seek nor hold other public office. The members shall be in the unclassified civil service. (B) A person appointed as a member of the release authority shall have a bachelor's degree from an accredited college or university or equivalent relevant experience and shall have the skills, training, or experience necessary to analyze issues of law, administration, and public policy. The membership of th... |
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Section 5139.51 | Supervised release or discharge.
...fare of the child and protection of the public, the release authority, without approval of the court that committed the child, may discharge the child from the department's custody and control without placing the child on supervised release. Additionally, the release authority may discharge a child in the department's custody without the child being placed on supervised release if the child is removed from the jurisd... |
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Section 5139.511 | Verification of identity prior to release.
...(A) Within nine months prior to the release of a youth from a secure facility under the control of the department of youth services if the youth is serving a sentence that is more than one year, or within a reasonable time if the youth is serving a sentence that is less than one year, the department of youth services shall attempt to verify the youth's age and identity in order to satisfy the requirements of section ... |
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Section 5139.52 | Violating term or condition of supervised release or judicial release.
...(A) At any time during a child's supervised release or during the period of a child's judicial release to department of youth services supervision, if the regional administrator or the employee of the department assigned to supervise and assist the child has reasonable grounds to believe that the child has violated a term or condition of the supervised release or judicial release, the administrator or employee ... |
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Section 5139.53 | Employees authorized to apprehend violators.
...ousand dollars, conditioned to save the public harmless by reason of the unlawful use of a firearm. A person injured or the family of a person killed by the employee's improper use of a firearm may have recourse on the bond. (E) In addition to the deadly force policy adopted under division (B)(2) of this section, the director of youth services shall establish policies for the carrying and use of firearms by the empl... |
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Section 5139.54 | Medical release or discharge.
... condition and is no longer a threat to public safety. (3) The child appears to be a person with a mental illness subject to court order, as defined in section 5122.01 of the Revised Code, or a person with an intellectual disability subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code. (B) When considering whether to release or discharge a child under this section for ... |
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Section 5139.55 | Office of victims' services.
...(A)(1) The office of victims' services is hereby created within the release authority of the department of youth services. The office of victims' services shall provide assistance to victims, victims' representatives, and members of a victim's family. The assistance shall include, but shall not be limited to, all of the following: (a) If the court has provided the name and address of the victims of the child's acts ... |
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Section 5139.56 | Notice to victim of all release reviews, pending release hearings, supervised release revocation hearings, and discharge reviews.
...his section are confidential, are not a public record, and shall be returned to the release authority at the end of a release hearing by any person who receives a copy of them. At a release hearing before the release authority, a victim or victim's representative may be accompanied by another person for support, but that person shall not act as a victim's representative. The release authority and other employees of ... |
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Section 5139.85 | Disposing of property of former inmates.
...ion, shall be sold by the department at public auction and the proceeds of the sale delivered to the state treasurer for deposit in the general revenue fund. If the department considers it expedient, it may accumulate the property of several children and sell the property in such lots as it may determine, provided that it makes a determination as to each child's share of the proceeds. (3) If any tangible personal pr... |
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Section 5139.86 | Cafeteria fund - industrial and entertainment fund - youth benefit fund - employee food service fund.
...(A) Each managing officer of an institution or regional office under the jurisdiction of the department of youth services, with the approval of the director of the department, may establish local funds designated as follows: (1) The cafeteria fund, created and maintained for the benefit of the institution, into which shall be deposited all money received from the sale of cafeteria meals. The fund shall be used to pa... |
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Section 5139.87 | Federal juvenile justice funds; juvenile justice and delinquency prevention fund.
...(A) The department of youth services shall serve as the state agent for the administration of federal juvenile justice grants awarded to the state. (B) There is hereby created in the state treasury the juvenile justice and delinquency prevention fund. All federal grants and other moneys received for federal juvenile programs shall be deposited into the fund. All receipts deposited into the fund shall be used for fe... |
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Section 5139.99 | Penalty.
...Whoever violates section 5139.21 of the Revised Code shall be fined not less than ten nor more than five hundred dollars or imprisoned not more than one year, or both. |
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Section 5145.01 | Length of sentences.
...Courts shall impose sentences to a state correctional institution for felonies pursuant to sections 2929.13 and 2929.14 of the Revised Code. All prison terms may be ended in the manner provided by law, but no prison term shall exceed the maximum term provided for the felony of which the prisoner was convicted as extended pursuant to section 2929.141 or 2967.28 of the Revised Code. If a prisoner is sentenced for tw... |
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Section 5145.03 | Rules for government and employment of prisoners.
...tside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance or operation of the department's institutions, and in other appropriate forms of labor; (2) A system of compensation, allowances, hours, conditions of employment, and advancement for prisoners who are employed in any form of labor; (3) The regulation of the working conditions for prisoners who are empl... |
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Section 5145.04 | Maintaining control of prisoners - daily record of conduct.
...The department of rehabilitation and correction shall maintain the control over prisoners committed to its custody that prevents them from committing crime, secure their self-support, and accomplish their reformation. When a prisoner is received into a state correctional institution upon direct sentence to the institution, the department shall enter in a register the date of the admission, the prisoner's name, age, ... |
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Section 5145.05 | Contents of daily record of conduct.
...The department of rehabilitation and correction, upon the register required to be maintained by section 5145.04 of the Revised Code, shall enter notes of observed improvement or deterioration of character of the prisoner, the method of treatment employed for the prisoner, orders or alterations affecting his standing or situation, the prisoner's performance of labor while committed, and subsequent facts of personal hi... |
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Section 5145.06 | Ohio central school system.
...(A) The department of rehabilitation and correction shall establish and operate a school system that is approved and chartered by the department of education and workforce and designated as the Ohio central school system to serve all of the correctional institutions under its control. The Ohio central school system shall provide educational programs for prisoners to allow them to complete adult basic education course... |
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Section 5145.13 | Monthly reports of management and progress of school.
...The superintendent of the elementary day school for uneducated prisoners in the penitentiary shall make monthly reports to the department of rehabilitation and correction with respect to the management and progress of the school and as to all matters under his supervision. |