§ 601.12  Repeat and Dangerous Offenders
   As used in Section 601.13:
   (a)   “Repeat offender” means a person who has a history of persistent criminal activity, and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following apply:
      (1)   Having been convicted of one (1) or more offenses of violence, as defined in RC 2901.01 and Section 601.01(i), and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense of violence;
      (2)   Having been convicted of one (1) or more sex offenses as defined in RC 2950.01 or Section 619.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent sex offense;
      (3)   Having been convicted of one (1) or more theft offenses as defined in RC 2913.01 or Section 625.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent theft offense;
      (4)   Having been convicted of one (1) or more felony drug abuse offenses as defined in RC Chapter 2925, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent felony drug abuse offense;
      (5)   Having been convicted of two (2) or more felonies, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense;
      (6)   Having been convicted of three (3) or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense.
   (b)   “Dangerous offender” means a person who has committed an offense, whose history, character, and condition reveal a substantial risk that he or she will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences.
   (c)   “Actual incarceration” means that an offender is required to be imprisoned for the stated period of time to which he or she is sentenced that is specified as a term of actual incarceration. If a person is sentenced to a term of actual incarceration, the court shall not suspend his or her term of actual incarceration, and shall not grant him or her probation or shock probation, pursuant to RC 2929.51, 2947.061, 2951.02, or 2951.04, and the department of rehabilitation and correction or the adult parole authority shall not, pursuant to RC Chapter 2967 its rules adopted pursuant to RC Chapter 2967, 5120, or 5149, grant him or her a furlough for employment or education, a furlough for being a trustworthy prisoner other than a furlough pursuant to division (A)(1)(a) or (b) of RC 2967.27, parole, emergency parole, or shock parole until after the expiration of his or her term of actual incarceration, diminished as provided in RC 2967.19, 2967.193, and 5145.11.
   An offender who is sentenced to a term of actual incarceration may be transferred from an institution operated by the department of rehabilitation and correction to the custody of the department of mental health or the department of mental retardation and developmental disabilities, as provided in RC 5120.17, and shall be credited with all time served in the custody of the department of mental health or the department of mental retardation and developmental disabilities against the term of actual incarceration.
   (d)   “Deadly weapon” has the same meaning as in Section 627.01.
(RC 2929.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)