{¶ 1} The trial court order and the opinion of the court of appeals in this case were premised upon the application of R.C. 2941.401. Because appellee was incarcerated in a federal prison in Ohio rather than in a “correctional institution of this state,” see R.C. 2941.401 and 2967.01, R.C. 2941.401 does not apply.

{¶ 2} Accordingly, this case is remanded to the court of appeals for further proceedings to determine the statute that properly applies and whether the requirements of that statute were satisfied.