(a) Financial Sanctions.
(1) In addition to imposing court costs pursuant to R.C. § 2947.23, the court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this division (a) and, if the offender is being sentenced for a criminal offense as defined in R.C. § 2930.01, shall sentence the offender to make restitution pursuant to this division (a) and R.C. § 2929.281. If the court, in its discretion or as required by this division (a), imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this division (a) include, but are not limited to, the following:
A. Restitution.
1. 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 division 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.
2. 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.
3. 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 division (a) in a civil action for purposes of imposing liability against an insurer under R.C. § 3937.18.
4. The court may order that the offender pay a surcharge, of not more than 5% of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments.
5. 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 R.C. § 2929.281(A).
B. Fines. A fine of the type described in divisions (a)(1)B.1. and (a)(1)B.2. of this section payable to the appropriate entity as required by law:
1. A fine in the following amount:
a. For a misdemeanor of the first degree, not more than $1,000;
b. For a misdemeanor of the second degree, not more than $750;
c. For a misdemeanor of the third degree, not more than $500;
d. For a misdemeanor of the fourth degree, not more than $250;
e. For a minor misdemeanor, not more than $150.
2. A state fine or cost as defined in R.C. § 2949.111.
C. Reimbursement.
1. Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including but not limited to the following:
a. All or part of the costs of implementing any community control sanction, including a supervision fee under R.C. § 2951.021 and the costs of global positioning system device monitoring;
b. 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;
c. All or part of the cost of purchasing and using an immobilizing or disabling device, including a certified ignition interlock device, or a remote alcohol monitoring device that a court orders an offender to use under R.C. § 4510.13.
2. The amount of reimbursement under division (a)(1)C.1. 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 division.
If the court does not order reimbursement under that division, confinement costs may be assessed pursuant to a repayment policy adopted under R.C. § 2929.37. In addition, the offender may be required to pay the fees specified in R.C. § 2929.38 in accordance with that section.
(2) A. If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this division (a) or court costs or is likely in the future to be able to pay the sanction or costs.
B. If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under R.C. § 2929.27 in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division R.C. § 2929.27 in lieu of or in addition to imposing a financial sanction under this division (a) and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to R.C. § 2929.27 in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.
(3) A. The offender shall pay reimbursements imposed upon the offender pursuant to division (a)(1)C. of this section to pay the costs incurred by a county pursuant to any sanction imposed under division (a) of this section or R.C. §§ 2929.26 and 2929.27 or in operating a facility used to confine offenders pursuant to a sanction imposed under R.C. § 2929.26 to the County Treasurer. The County Treasurer shall deposit the reimbursements in the county’s General Fund. The county shall use the amounts deposited in the Fund to pay the costs incurred by the county pursuant to any sanction imposed under division (a) of this section or R.C. §§ 2929.26 and 2929.27 or in operating a facility used to confine offenders pursuant to a sanction imposed under R.C. § 2929.26.
B. The offender shall pay reimbursements imposed upon the offender pursuant to division (a)(1)C. of this section to pay the costs incurred by a municipal corporation pursuant to any sanction imposed under division (a) of this section or R.C. §§ 2929.26 and 2929.27 or in operating a facility used to confine offenders pursuant to a sanction imposed under R.C. § 2929.26 to the Treasurer of the municipal corporation. The Treasurer shall deposit the reimbursements in the municipal corporation’s General Fund. The municipal corporation shall use the amounts deposited in the Fund to pay the costs incurred by the municipal corporation pursuant to any sanction imposed under division(a) of this section or R.C. §§ 2929.26 and 2929.27 or in operating a facility used to confine offenders pursuant to a sanction imposed under R.C. § 2929.26.
C. The offender shall pay reimbursements imposed pursuant to division (a)(1)C. of this section for the costs incurred by a private provider pursuant to a sanction imposed under division(a) of this section or R.C. §§ 2929.26 and 2929.27 to the provider.
(4) In addition to any other fine that is or may be imposed under this division (a), the court imposing sentence upon an offender for misdemeanor domestic violence or menacing by stalking may impose a fine of not less than $70 nor more than $500, which shall be transmitted to the Treasurer of Ohio to be credited to the address confidentiality program fund created by R.C. § 111.48.
(5) A. Except as otherwise provided in this division (a)(5), a financial sanction imposed under division (a)(1) of this section is a judgment in favor of the state or the political subdivision that operates the court that imposed the financial sanction, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement imposed pursuant to division (a)(1)C.1.a. of this section upon an offender is a judgment in favor of the entity administering the community control sanction, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement imposed pursuant to division (a)(1)C.1.b. of this section upon an offender confined in a jail or other residential facility is a judgment in favor of the entity operating the jail or other residential facility, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of restitution imposed pursuant to division (a)(1)A. of this section is an order in favor of the victim of the offender’s criminal act that can be collected through a certificate of judgment as described in division (a)(5)B.1. of this section, through execution as described in division (a)(5)B.2. of this section or through an order as described in division (a)(5)B.3. of this section and the offender shall be considered for purposes of the collection as a judgment debtor.
B. Once a financial sanction is imposed as a judgment or order under this division, the victim, private provider, state or political subdivision may do any of the following:
1. Obtain from the clerk of the court in which the judgment was entered, at no charge, a certificate of judgment that shall be in the same manner and form as a certificate of judgment issued in a civil action;
2. Obtain execution of the judgment or order through any available procedure, including any of the procedures identified in R.C. § 2929.18(D)(1) and (D)(2) or a substantially equivalent municipal ordinance.
3. Obtain an order for the assignment of wages of the judgment debtor under R.C. § 1321.33 or a substantially equivalent municipal ordinance.
(6) The civil remedies authorized under division (a)(5) of this section for the collection of the financial sanction supplement, but do not preclude, enforcement of the criminal sentence.
(7) Each court imposing a financial sanction upon an offender under this division (a) may designate the Clerk of the Court or another person to collect the financial sanction. The Clerk, or another person authorized by law or the court to collect the financial sanction may do the following:
A. Enter into contracts with one or more public agencies or private vendors for the collection of amounts due under the sanction. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this division (a), a court shall comply with R.C. §§ 307.86 to 307.92.
B. Permit payment of all or any portion of the sanction in installments, by financial transaction device if the court is a county court or a municipal court operated by a county, or by any other reasonable method, in any time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. If the court is a county court or a municipal court operated by a county, the acceptance of payments by any financial transaction device shall be governed by the policy adopted by the Board of County Commissioners of the county pursuant to R.C. § 301.28. If the court is a municipal court not operated by a county, the Clerk may pay any fee associated with processing an electronic transfer out of public money or may charge the fee to the offender.
C. To defray administrative costs, charge a reasonable fee to an offender who elects a payment plan rather than a lump sum payment of any financial sanction.
(8) No financial sanction imposed under this division (a) shall preclude a victim from bringing a civil action against the offender.
(9) If the court imposes restitution, fines, fees, or incarceration costs on a business or corporation, it is the duty of the person authorized to make disbursements from assets of the business or corporation to pay the restitution, fines, fees, or incarceration costs from those assets.
(10) If an offender is sentenced to pay restitution, a fine, fee, or incarceration costs, the clerk of the sentencing court, on request, shall make the offender’s payment history available to the victim, victim’s representative, victim’s attorney, if applicable, the prosecutor, the probation department, and the court without cost.
(R.C. § 2929.28)
(b) Jail Terms.
(1) Except as provided in R.C. § 2929.22 or 2929.23 or division (b)(5) of this section 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 chapter, 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. A court that sentences an offender to a jail term under this section may permit the offender to serve the sentenced in intermittent confinement or may authorize a limited release of the offender as provided in Ohio R.C. 2929.26(B). The court retains jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, but the court shall not reduce any mandatory jail term.
B. 1. If a prosecutor, as defined in Ohio R.C. 2935.01, has filed a notice with the court that the prosecutor wants to be notified about a particular case and if the court is considering modifying the jail sentence of the offender in that case, the court shall notify the prosecutor that the court is considering modifying the jail sentence of the offender in that case. The prosecutor may request a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the court shall notify the eligible offender of the hearing.
2. If the prosecutor requests a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, the court shall hold the hearing before considering whether or not to release the offender from the offender’s jail sentence.
(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.
(5) A. If an offender is convicted of or pleads guilty to a misdemeanor violation of R.C. § 2907.23, 2907.24, 2907.241 or 2907.25, or any substantially equivalent municipal ordinance, and to a specification of the type described in R.C. § 2941.1421 and if the court imposes a jail term on the offender for the misdemeanor violation, the court may impose upon the offender an additional definite jail term as follows:
1. Subject to division (b)(5)A.2. of this section, an additional definite jail term of not more than 60 days;
2. If the offender previously has been convicted of or pleaded guilty to one or more misdemeanor or felony violations of R.C. § 2907.22, 2907.23, 2907.24, 2907.241 or 2907.25, or any substantially equivalent municipal ordinance, and also was convicted of or pleaded guilty to a specification of the type described in R.C. § 2941.1421 regarding one or more of those violations, an additional definite jail term of not more than 120 days.
B. In lieu of imposing an additional definite jail term under division (b)(5)A. of this section, the court may directly impose on the offender a sanction that requires the offender to wear a real-time processing, continual tracking electronic monitoring device during the period of time specified by the court. The period of time specified by the court shall equal the duration of an additional jail term that the court could have imposed upon the offender under division (b)(5)A. of this section. A sanction imposed under this division shall commence on the date specified by the court, provided that the sanction shall not commence until after the offender has served the jail term imposed for the misdemeanor violation of R.C. § 2907.23, 2907.24, 2907.241 or 2907.25, or any substantially equivalent municipal ordinance, and any residential sanction imposed for the violation under division (d) of this section or R.C. § 2929.26. A sanction imposed under this division shall be considered to be a community control sanction for purposes of division (c) of this section or R.C. § 2929.25, and all provisions of this Code and the Ohio Revised Code that pertain to community control sanctions shall apply to a sanction imposed under this division, except to the extent that they would by their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction imposed under this division, including the cost of the use of the monitoring device.
(6) If an offender is convicted of or pleads guilty to a misdemeanor violation of R.C. § 2903.13 and also is convicted of or pleads guilty to a specification of the type described in R.C. § 2941.1423 that charges that the victim of the violation was a woman whom the offender knew was pregnant at the time of the violation, the court shall impose on the offender a mandatory jail term that is a definite term of at least 30 days.
(7) If a court sentences an offender to a jail term under this division (b), the sentencing court retains jurisdiction over the offender and the jail term. Upon motion of either party or upon the court’s own motion, the court, in the court’s sole discretion and as the circumstances warrant, may substitute one or more community control sanctions under division (d) or (e) of this section for any jail days that are not mandatory jail days.
(R.C. § 2929.24)
(c) Organizations. Regardless of the penalties provided in subsections (a) and (b) hereof, an organization convicted of an offense pursuant to Section 501.11
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 501.11, either in addition to or in lieu of a fine imposed pursuant to this subsection (c).
(ORC 2929.31)