(a) Financial Sanctions. In addition to imposing court costs, the court imposing a sentence upon an offender for a misdemeanor committed under the Codified Ordinances, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section. If the court in its discretion imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:
(1) Restitution. Unless the misdemeanor offense is a minor misdemeanor or could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13, restitution by the offender to the victim of the offender's crime or any survivor of the victim, in an amount based on the victim's economic loss. If the court requires restitution, the court shall order that the restitution be made to the victim in open court or to the adult probation department that serves the jurisdiction or the clerk of the court on behalf of the victim. The victim or survivor may request that the prosecutor in the case file a motion, or the offender may file a motion, for modification of the payment terms of any restitution ordered. If the court grants the motion, it may modify the payment terms as it determines appropriate.
(2) Fines. A fine in the following amounts:
(a) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not less than twenty-five dollars ($25.00) and not more than one hundred and fifty dollars ($150.00).
(b) Whoever is convicted of or pleads guilty to a misdemeanor of the fourth degree shall be fined not less than fifty dollars ($50.00) and not more than two hundred and fifty dollars ($250.00).
(c) Whoever is convicted of or pleads guilty to a misdemeanor of the third degree shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
(d) Whoever is convicted of or pleads guilty to a misdemeanor of the second degree shall be fined not less than one hundred and twenty-five dollars ($125.00) and not more than seven hundred and fifty dollars ($750.00).
(e) Whoever is convicted of or pleads guilty to a misdemeanor of the first degree shall be fined not less than one hundred fifty dollars ($150.00) and not more than one thousand dollars ($1,000).
(f) The minimum fines provided herein shall not be suspended; however, in the case of an indigent defendant the presiding judge shall have the discretion to impose community service in lieu of part or all of the minimum fine.
(b) Jail Terms. In addition to other penalties and sanctions provided, whoever violates these Codified Ordinances shall be subject to the following jail terms unless other penalties are specified in the Code section violated. Unless otherwise provided in an applicable Code section, the presiding judge may permit the offender to serve the sentence in intermittent confinement in increments of not less than 24 hours of confinement at a time.
(1) Whoever is convicted of or pleads guilty to a minor misdemeanor shall not be subject to a jail sentence, but may be ordered by the presiding judge to complete up to 100 hours of community service.
(2) Whoever is convicted of or pleads guilty to a misdemeanor of the fourth degree may be sentenced to up to 30 days in jail.
(3) Whoever is convicted of or pleads guilty to a misdemeanor of the third degree may be sentenced to up to 60 days in jail.
(4) Whoever is convicted of or pleads guilty to a misdemeanor of the second degree may be sentenced to up to 120 days in jail.
(5) Whoever is convicted of or pleads guilty to a misdemeanor of the first degree may be sentenced to up to 180 days in jail.
(c) Work and Educational Release. The sentencing judge may order an offender committed to jail to be released during normal business hours for the purpose of maintaining his or her employment under the following conditions:
(1) The offender shall show proof of legitimate employment by providing a letter of employment and employer contact information signed by a person of authority within the organization, including, but not limited to, an immediate supervisor.
(2) The offender shall provide documentation verifying the offender's work hours signed by a person of authority within the organization.
(3) The offender shall pay an administrative processing fee to the City of forty dollars ($40.00) per day for each day of work release within 21 calendar days from completion of the jail sentence.
(4) The presiding judge may allow work release for self-employed offenders only under the following conditions:
(i) The offender's work release terms are monitored by the court's probation department.
(ii) Prior to scheduling release from jail, the offender shall provide the probation officer a list of clients, clients' contact telephone numbers and prescheduled appointment dates and times.
(iii) Upon return to jail following work release, the offender provide to the jail administrator a document signed by the client that the offender performed work for specified hours on the release date.
(iv) The offender shall pay an administrative processing fee to the City of twenty-five dollars ($25.00) per day for each day of work release within 21 days from completion of the jail sentence.
(v) A self-employed offender may not be released for the purpose of soliciting clients.
(vi) No offender shall be permitted to work seven days a week. No work release shall be permitted on major holidays.
(vii) The prosecutor, on-duty police officers, and designated probation officer are expressly permitted to contact the offender's place of employment, or clients of self-employed offenders, to confirm compliance with the terms of the offender's work release.
(viii) The sentencing judge may order an offender committed to jail to be released to attend classes at a high school, college, university, or trade school upon receiving proof of the offender's enrollment and class schedule.
(ix) If the Chief of Police or probation officer monitoring the offender's compliance with the terms of work release believes that the offender allowed for work release has violated the conditions of his or her work release, or has violated any laws while on work release, may temporarily suspend the offender's work release privileges pending the outcome of a hearing. The Chief or probation officer shall provide notice to the offender and to the sentencing judge on the next day that the court is in session. The sentencing judge shall hold a hearing to determine whether the offender violated the conditions of work release and shall take appropriate action upon a finding of a violation.
(d) Other sanctions. In addition to other penalties and sanctions provided, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the
offender any nonresidential sanction or combination of sanctions as follows:
(1) A term of house arrest, which may include electronic monitoring;
(2) A term of community service of up to 500 hours;
(3) A term in a drug treatment program with a level of security for the offender as determined necessary by the Court;
(4) A term of basic or intensive probation supervision or monitored time;
(5) A term of drug and/or alcohol use monitoring, which may include electronic monitoring and/or random testing;
(6) A curfew term;
(7) A requirement that the offender obtain employment;
(8) A requirement that the offender obtain education or training;
(9) A requirement that the offender obtain counseling or attend offense prevention classes designed to prevent the nature of the subject matter violation;
(10) A requirement that the offender complete an assessment for mental health, or drug or alcohol dependency or abuse;
(11) A requirement that the offender pay restitution to the victim of the offender's crime in an amount based upon the victim's economic loss;
(12) Reimbursement by the offender of any or all of the costs of sanctions incurred by the City, including, but not limited to:
A. All or part of the costs of confinement in a jail or other residential facility, including but not limited to, a per diem fee for room and board, the costs of medical and dental treatment, and the costs of repairing property damaged by the offender while confined;
B. All or part of the costs of the police investigation related to the crime, including, but not limited to, the cost of blood analysis to test the presence of drugs or alcohol, urinalysis to test the presence of drugs or alcohol, and/or chemical tests on controlled substances seized as part of the criminal investigation.
(13) Forfeiture of all or any portion of evidence seized as part of the criminal investigation;
(14) A requirement that the offender refrain from any form of contact with the victim for any period of time determined to be appropriate by the presiding judge;
(15) If authorized by law, suspend the offender's privilege to operate a motor vehicle, immobilization or forfeiture of the offender's motor vehicle, require that the offender obtain a valid motor vehicle operator's license, or any other related sanction.
(e) The sentencing court may order an offender to pay supervised probation fees, and/or the costs of drug and/or alcohol use monitoring, mental health assessments, drug and/or alcohol dependency and abuse assessments, and treatment.
(f) Upon a finding of an offender's indigence, the sentencing court may substitute community service for fines by applying Ohio's minimum wage standard to every hour of community service.
(g) Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense, the sentencing court may impose on the offender any sanction or combination of sanctions under this section. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
(h) Organizational Penalties. An organization convicted of an offense pursuant to Section 501.11
shall be fined by the court as follows:
(1) For a misdemeanor of the first degree, not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00);
(2) For a misdemeanor of the second degree, not less than four hundred dollars ($400.00) or more than four thousand dollars ($4,000.00);
(3) For a misdemeanor of the third degree, not less than three hundred dollars ($300.00) or more than three thousand dollars ($3,000.00);
(4) For a misdemeanor of the fourth degree, not less than two hundred dollars ($200.00) or more than two thousand dollars ($2,000.00);
(5) For a minor misdemeanor, not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00);
(6) For a misdemeanor not specifically classified, not more than two thousand dollars ($2,000.00);
(i) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this section.
(j) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this section, then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.
(k) This section does not prevent the imposition of available civil sanctions against an organization, either in addition to or in lieu of a fine imposed pursuant to this section.
(Ord. 2015-108. Passed 9-8-15.)
CITY OF ASHTABULA