(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 for a misdemeanor, the court shall consider the risk that the offender will commit another offense and the need for protecting the public from the risk, the nature and circumstances of the offense, the history, character and condition of the offender and the offender's need for correctional or rehabilitative treatment, any statement made by the victim under Ohio R.C. 2930.12 to 2930.17, if the offense is a misdemeanor specified in Ohio R.C. 2930.01(A), and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on the offender.
(b) The following do not control the court's discretion, but shall be considered in favor of imposing imprisonment for misdemeanor:
(1) The offender is a repeat or dangerous offender;
(2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense.
(3) The offense is a violation of Section 636.17 or Ohio R.C. 2919.25 or a violation of Section 636.02 or Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation, 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.
If the offense is a violation of Section 636.17 or Ohio R.C. 2919.25 or a violation of Section 636.02 or Ohio R.C. 2903.13 involving a person who was a family or household member at the time of the violation and the court decides to impose a term of imprisonment upon the offender, the factor listed in paragraph (b)(3) 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(C) and (E), that mitigate the seriousness of the offense and that indicate that the offender is unlikely to commit future crimes, do not control the court's discretion, but shall be considered against imposing imprisonment for misdemeanor.
(d) The criteria listed in subsection (b) hereof and referred to in subsection (c) hereof shall not be construed to limit the matters that 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 that, in the aggregate and to the extent not suspended by the court, exceed the amount that the offender is or will be able to pay by the method and within the time allowed without undue hardship to the offender or the offender's dependents, or will prevent the offender from making restitution or reparation to the victim of the offender's offense.
(g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to Ohio R.C. 2743.51 through 2743.72.
(h) As used in this section, “repeat offender” and “dangerous offender” have the same meanings as in Section 698.01.
(ORC 2929.22)