698.01 Definitions.
698.02 Penalties for misdemeanor.
698.03 Imposing sentence for misdemeanor.
698.04 Organizational penalties.
698.05 Multiple sentences.
698.06 Modification of sentence.
CROSS REFERENCES
See section histories for similar state law
Definition of "Imprisoned" - see Ohio R.C. 1.05
Burden and degree of proof - see Ohio R.C. 2901.05
Criminal law prosecution - see Ohio R.C. 2901.11
Venue - see Ohio R.C. 2901.12
Procedure on change of venue - see Ohio R.C. 2931.29
Transfer of prisoner on change of venue - see Ohio R.C. 2931.30
Payment of costs and expenses on change of venue - see Ohio R.C. 2931.31
Degree of offense; charge and verdict; prior conviction - see Ohio R.C. 2945.75
Commitment in lieu of fine; credit for time served - see Ohio R.C. 2947.20
Psychiatric examination before sentence - see Ohio R.C. 2947.25
Criteria for probation; conditions for probation - see Ohio R.C. 2951.02
General provisions; administration and enforcement - see GEN. OFF. Ch. 606
As used in this chapter:
(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 will commit another offense. It is prima-facie evidence that a person is a repeat offender if any of the following applies:
(1) Having been convicted of one or more offenses of violence, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense of violence;
(2) Having been convicted of one or more sex offenses, as defined in Ohio R.C. 2950.01, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent sex offense;
(3) Having been convicted of one or more theft offenses, as defined in Section 642.01(k) and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses as defined in Ohio R.C. Chapter 2925, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent felony drug abuse offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense, he commits a subsequent offense;
(6) Having been convicted of three 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 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 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.
(ORC 2929.01)
(a) Financial Sanctions. In addition to imposing court costs pursuant to Ohio R.C. 2947.23, 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 and, if the offender is being sentenced for a criminal offense as defined in Ohio R.C. 2930.01, shall sentence the offender to make restitution pursuant to this section and Ohio R.C. 2929.281. If the court, in its discretion or as required by this section, 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.
A. Unless the misdemeanor offense 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 the victim’s estate, in an amount based on the victim’s economic loss. The court may not impose restitution as a sanction pursuant to this section if the offense could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13. 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.
B. The court shall determine the amount of restitution to be paid by the offender. The victim, victim’s representative, victim’s attorney, if applicable, the prosecutor or the prosecutor’s designee, and the offender may provide information relevant to the determination of the amount of restitution. The amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court imposes restitution for the cost of accounting or auditing done to determine the extent of economic loss, the court may order restitution for any amount of the victim’s costs of accounting or auditing provided that the amount of restitution is reasonable and does not exceed the value of property or services stolen or damaged as a result of the offense. If the court decides to or is required to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender, victim, victim’s representative, victim’s attorney, if applicable, or victim’s estate disputes the amount of restitution. The court shall determine
the amount of full restitution by a preponderance of the evidence.
C. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or the victim’s estate against the offender. No person may introduce evidence of an award of restitution under this section in a civil action for purposes of imposing liability against an insurer under Ohio R.C. 3937.18.
D. The court may order that the offender pay a surcharge, of not more than five percent (5%) of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments.
E. The victim, victim’s attorney, if applicable, or the attorney for the victim’s estate 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 but shall not reduce the amount of restitution ordered, except as provided in Ohio R.C. 2929.281(A).
(2) Fines. A fine in the following amount:
A. For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
B. For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
C. For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
D. For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00);
E. For a minor misdemeanor, not more than one hundred fifty dollars ($150.00).
(3) Reimbursement of costs of sanctions.
A. Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including, but not limited to, the following:
1. All or part of the costs of implementing any community control sanction, including a supervision fee under Ohio R.C. 2951.021 and the costs of global positioning system device monitoring;
2. 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. The amount of reimbursement ordered under subsection (a)(3)A. of this section shall not exceed the total amount of reimbursement the offender is able to pay and shall not exceed the actual cost of the sanctions. The court may collect any amount of reimbursement the offender is required to pay under that subsection. If the court does not order reimbursement under that subsection, confinement costs may be assessed pursuant to a repayment policy adopted under Ohio R.C. 2929.37. In addition, the offender may be required to pay the fees specified in Ohio R.C. 2929.38 in accordance with that section.
(ORC 2929.28)
(b) Jail Terms.
(1) Except as provided in Ohio R.C. 2929.22 or 2929.23 of the Revised Code, and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this General Offenses Code, the court shall impose a definite jail term that shall be one of the following:
A. For a misdemeanor of the first degree, not more than one hundred eighty days;
B. For a misdemeanor of the second degree, not more than ninety days;
C. For a misdemeanor of the third degree, not more than sixty days;
D. For a misdemeanor of the fourth degree, not more than thirty days.
(2) A court that sentences an offender to a jail term under this section may permit the offender to serve the sentence in intermittent confinement or may authorize a limited release of the offender as provided in division (B) of Ohio R.C. 2929.26.
(3) If a court sentences an offender to a jail term under this section and the court assigns the offender to a county jail that has established a county jail industry program pursuant to Ohio R.C. 5147.30, the court shall specify, as part of the sentence, whether the offender may be considered for participation in the program. During the offender’s term in the county jail, the court retains jurisdiction to modify its specification regarding the offender’s participation in the county jail industry program.
(4) If a person is sentenced to a jail term pursuant to this section, the court may impose as part of the sentence pursuant to Ohio R.C. 2929.28 a reimbursement sanction, and, if the local detention facility in which the term is to be served is covered by a policy adopted pursuant to Ohio R.C. 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 and Ohio R.C. 2929.37, both of the following apply:
A. The court shall specify both of the following as part of the sentence:
1. If the person is presented with an itemized bill pursuant to Ohio R.C. 2929.37 for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.
2. If the person does not dispute the bill described in subsection (b)(4)A.1. of this section and does not pay the bill by the times specified in Ohio R.C. 2929.37, the clerk of the court may issue a certificate of judgment against the person as described in that section.
B. The sentence automatically includes any certificate of judgment issued as described in subsection (b)(4)A.2. of this section.
(ORC 2929.24)
(c) Organizations. Regardless of the penalties provided in subsections (a) and (b) hereof, an organization convicted of an offense pursuant to Section 606.08 shall be fined, in accordance with this section. The court shall fix the fine as follows:
Type of Misdemeanor | Maximum Fine |
First degree | $ 5000.00 |
Second degree | 4000.00 |
Third degree | 3000.00 |
Fourth degree | 2000.00 |
Minor | 1000.00 |
Misdemeanor not specifically classified | 2000.00 |
Minor misdemeanor not specifically classified | 1000.00 |
(1) When an organization is convicted of an offense that is 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 the penalty so provided shall be imposed in lieu of the penalty provided in this subsection (c).
(2) When an organization is convicted of an offense that is not specifically classified, and the penalty provided includes a higher fine than the fine that is provided in this subsection (c), then the penalty imposed shall be pursuant to the penalty provided for the violation of the section defining the offense.
(3) This subsection (c) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 606.08, either in addition to or in lieu of a fine imposed pursuant to this subsection (c).
(ORC 2929.31)
(a) In determining whether to impose imprisonment or a fine, or both, for misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will commit another offense and the need for protecting the public therefrom, the nature and circumstances of the offense, the history, character and condition of the offender and his need for correctional or rehabilitative treatment, and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him.
(b) (1) The following do not control the court's discretion but shall be considered in favor of imposing imprisonment for misdemeanor:
A. The offender is a repeat or dangerous offender.
B. Regardless of whether or not the offender knew the age of the victim, the victim of the offense was 65 years of age or older or permanently and totally disabled at the time of the commission of the offense.
C. The offense is a violation of Ohio R.C. 2919.25 or a violation of Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation, or a violation of any municipal ordinance substantially similar to either of these offenses, the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children.
(2) If the offense is a violation of Ohio R.C. 2919.25 or a violation of Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation, or a violation of any municipal ordinance substantially similar to either of these offenses, and the court decides to impose a term of imprisonment upon the offender, the factor listed in subsection (b)(1)C. hereof shall be considered in favor of imposing a longer term of imprisonment on the offender.
(c) The criteria listed in Ohio R.C. 2929.12, favoring shorter terms of imprisonment for felony, do not control the court's discretion, but shall be considered against imposing imprisonment for misdemeanor.
(d) The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered in determining whether to impose Imprisonment for misdemeanor.
(e) The court shall not impose a fine in addition to imprisonment for misdemeanor, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, or the offense has proximately resulted in physical harm to the person or property of another, or the offense was committed for hire or for purpose of gain.
(f) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.
(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of his right to file an application for an award of reparations pursuant to Ohio R.C. 2743.51 through 2743.72.
(ORC 2929.22)
(1) For a misdemeanor of the first degree, not more than five thousand dollars ($5,000);
(2) For a misdemeanor of the second degree, not more than four thousand dollars ($4,000);
(3) For a misdemeanor of the third degree, not more than three thousand dollars ($3,000);
(4) For a misdemeanor of the fourth degree, not more than two thousand dollars ($2,000);
(5) For a minor misdemeanor, not more than one thousand dollars ($1,000);
(6) For a misdemeanor not specifically classified, not more than two thousand dollars ($2,000);
(7) For a minor misdemeanor not specifically classified, not more than one thousand dollars ($1,000).
(b) 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.
(c) 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.
(d) This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 606.08, either in addition to or in lieu of a fine imposed pursuant to this section.
(ORC 2929.31; Ord. 157-73. Passed 1-14-74.)
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