(a) As Alternative to Immediate Imposition of Sentence; Criteria.
(1) Alternative. The court may suspend a sentence of imprisonment or fines or a portion of imprisonment or fines and place an offender on probation as an alternative to immediate imposition of such sentence.
(2) Criteria. In determining whether to suspend such sentence and place an offender on probation, or whether to otherwise suspend an offender's sentence, 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, and the history, character and condition of the offender.
(b) Conditions of Probation. When an offender is placed on probation, or when his sentence otherwise is suspended, the probation or other suspension shall be at least on condition that, during the period of probation or other suspension, he shall abide by the law and not leave the State without the permission of the court or court officer, as defined in subsection (c) hereof. In the interests of doing justice, rehabilitating the offender and insuring his good behavior, the court may impose additional requirements on the offender, including, but not limited to, requiring the offender to make restitution for all or part of the damage that is caused by his offense and for all or part of the value of the property that is the subject of any theft offense, as defined in Ohio R.C. 2913.01(K), that the person committed. Compliance with the additional requirements shall also be a condition of the offender's probation or other suspension of sentence.
(c) Enforcement Personnel; Definitions. As used in this section, the following definitions shall apply:
(1) "Court officer" means any Clerk of Milford Mayor's Court.
(2) "Probation officer" means any police officer appointed by the court to serve as probation officer for any probationer.
(3) "Court" when the context so implies, means the Mayor or Vice Mayor sitting as Judge of Milford Mayor's Court.
Any clerk or probation officer shall be competent to file a charge of probation violation under this section.
(d) Stay to Pay Fines; Procedure. The court may grant a stay to pay to any offender against whom the court has levied a fine. Any offender who requests and is granted such a stay to pay may be placed by the court on probation until the fine is paid in full as a minimum period of probation. Failure to pay the fine in full by the time the stay has expired constitutes a probation violation. The court officer shall file an affidavit and complaint in Mayor's Court charging probation violation against any offender who fails to comply with the terms of his/her stay to pay a fine. Failure to pay any fine in full by the time any stay granted has expired shall also subject the offender to an additional fine not to exceed one hundred dollars ($100.00) per offense.
(e) Period of Probation. Probation continues for such period as the court determines, and may be extended. The total period of probation shall not exceed five years. If the probationer absconds or otherwise absents himself from the jurisdiction of the court without permission from the court officer or the court to do so, or if he is confined to any institution for the commission of any offense whatever, the probation period ceases to run until such time as he is brought before the court for further action.
(f) Procedure Against Probationer When Probation Violation Charged.
(1) Any court officer or other person with first hand knowledge that a probationer has violated any condition or conditions of his/her probation may file an affidavit and complaint in Milford Mayor's Court charging such violation. Such probation violations chargeable by a court officer include, but are not limited to, any subsequent criminal convictions.
(2) If a probationer is required to make restitution as a condition of his/her probation and the probationer fails to make full restitution by the deadlines imposed by the court, the person to whom restitution is owed and a court officer may file joint affidavits charging such violation.
(3) When an offender on probation is brought before court for probation violation(s), the court shall immediately inquire into the conduct of the offender and may terminate the probation and impose any sentence which might originally have been imposed or continue the probation and impose any additional or revised conditions of probation on the offender at any time during the probationary period. When the ends of justice will be served and the good conduct of the person so held warrants it, the court may terminate period of probation. At the end or termination of the period of probation, the jurisdiction of the court to impose sentence ceases and the defendant shall thereupon be discharged.
(g) Final Order. An order suspending the imposition of sentence and placing the offender on probation is a final order from which appeal may be prosecuted.
(Ord. 91-1359. Passed 2-19-91.)