(a) Except as provided in division (g) of this section or R.C. § 2929.23, and unless another penalty is otherwise expressly provided in the section of which the provision is a part, whoever violates any of the provisions of this Part Six - General Offenses Code, other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
Whoever is convicted of or pleads guilty to committing, attempting to commit or complicity in committing a violation of Section 642.06 or 642.08(a)(2), when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with R.C. § 2929.28.
(b) Except as provided in division (g) of this section, terms of imprisonment for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than six months;
(2) For a misdemeanor of the second degree, not more than 90 days;
(3) For a misdemeanor of the third degree, not more than 60 days;
(4) For a misdemeanor of the fourth degree, not more than 30 days.
(c) Fines for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than $1,000;
(2) For a misdemeanor of the second degree, not more than $750;
(3) For a misdemeanor of the third degree, not more than $500;
(4) For a misdemeanor of the fourth degree, not more than $250.
(d) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than $150.
(e) The court may require a person who is convicted of or pleads guilty to a misdemeanor to make restitution for all or part of the property damage that is caused by the offense and for all or part of the value of the property that is the subject of any theft offense, as defined in § 642.01, that the person committed. If the court determines that the victim of the offense was 65 years of age or older or permanently or totally disabled at the time of the commission of the offense, the court, regardless of whether or not the offender knew the age of the victim, shall consider this fact in favor of imposing restitution, but this fact shall not control the decision of the court.
(f) If a person is sentenced to a term of imprisonment pursuant to this section and the term of imprisonment is to be served in a county jail, in a county that has established a county jail industry program pursuant to R.C. § 5147.30, the court shall specify, as part of the sentence, whether the person may be considered by the county sheriff of that county for participation in the county jail industry program. The court shall retain jurisdiction to modify its specification made pursuant to this division during the person's term of imprisonment upon a reassessment of the person's qualifications for participation in the program.
(g) If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997) and if the judge imposing sentence for the sexually oriented offense determines pursuant to R.C. § 2950.09(B) that the offender is a sexual predator, the judge shall include in the offender's sentence a statement that the offender has been adjudicated as being a sexual predator, shall comply with the requirements of R.C. § 2950.03 and shall require the offender to submit to a DNA specimen collection procedure pursuant to R.C. § 2901.07.
(h) Before imposing sentence on an offender who is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997), the judge shall conduct a hearing in accordance with R.C. § 2950.09(B) to determine whether the offender is a sexual predator. Before imposing sentence on an offender who is being sentenced for a sexually oriented offense, the court also shall comply with R.C. § 2950.09(E).
(i) If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after the effective date of this amendment (January 1, 1997), the judge shall include in the sentence a summary of the offender's duty to register pursuant to R.C. § 2950.04, the offender's duty to provide notice of a change in residence address and register the new residence address pursuant to R.C. § 2950.05, the offender's duty to periodically verify the offender's current residence address pursuant to R.C. § 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration and, if required under R.C. § 2950.03(A)(2), shall perform the duties specified in that section.
(Ord. 151-05. Passed 8-8-05.)