§ 601.13  Considerations for Imposing Penalties
   (a)   In determining whether to impose imprisonment or a fine, or both, for a 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 from the risk; the nature and circumstances of the offense; the history, character, and condition of the offender and his or her need for correctional or rehabilitative treatment; any statement made by the victim, if the offense is a misdemeanor specified in division (A) of RC 2930.01; and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him or her.
   (b)   The following do not control the court’s discretion, but shall be considered in favor of imposing imprisonment for a 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 (65) years of age or older, permanently and totally disabled, or less than eighteen (18) years of age at the time of the commission of the offense.
   (c)   The following do not control the court’s discretion, but shall be considered against imposing imprisonment for a misdemeanor:
      (1)   The offense neither caused nor threatened serious physical harm to persons or property, or the offender did not contemplate that it would so do;
      (2)   The offense was the result of circumstances unlikely to recur;
      (3)   The victim of the offense induced or facilitated it;
      (4)   There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
      (5)   The offender acted under strong provocation;
      (6)   The offender has no history of prior delinquency or criminal activity, or has led a law- abiding life for a substantial time before commission of the present offense;
      (7)   The offender is likely to respond quickly to correctional or rehabilitative treatment.
   (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 a misdemeanor.
   (e)   The court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, 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 herself or his or her dependents, or will prevent him or her from making restitution or reparation to the victim of his or her 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 or her right to file an application for an award of reparations pursuant to RC 2743.51 to 2743.72.
(RC 2929.22; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)