(A) (1) In determining whether to suspend sentence of imprisonment imposed upon an offender for a misdemeanor and place the offender on probation or whether to otherwise suspend a sentence of imprisonment imposed upon an offender for a misdemeanor pursuant to R.C. § 2929.51 (A), 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.
(2) An offender who has been convicted of or pleaded guilty to a misdemeanor shall not be placed on probation and shall not otherwise have the sentence of imprisonment imposed upon the offender suspended pursuant to R.C. § 2929.51(A) if any of the following applies:
(a) The offender is a repeat or dangerous offender, as defined in R.C. § 2935.36.
(b) The misdemeanor offense involved was not a violation of R.C. § 2923.12 and was committed while the offender was armed with a firearm or dangerous ordnance, as defined in R.C. § 2923.11.
(c) Under R.C. § 2903.07(C), the offender is not eligible for probation.
(B) The following do not control the court’s discretion, but the court shall consider them in favor of placing an offender who has been convicted of or pleaded guilty to a misdemeanor on probation in favor of otherwise suspending the offender’s sentence of imprisonment pursuant to R.C. § 2929.51 (A):
(1) The offense neither caused nor threatened serious harm to persons or property, or the offender did not contemplate that it would do so.
(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 period before commission of the present offense.
(7) The offender is likely to respond affirmatively to probationary or other court-imposed treatment.
(8) The character and attitudes of the offender indicate that the offender is unlikely to commit another offense.
(9) The offender has made or will make restitution or reparation to the victim of the offender’s offense for the injury, damage, or loss sustained.
(10) Imprisonment of the offender will entail undue hardship to the offender or the offender’s dependents.
(C) (1) (a) When an offender who has been convicted of or pleaded guilty to a misdemeanor is placed on probation or the sentence of that type of offender otherwise is suspended pursuant to R.C. § 2929.51 (A), the probation or other suspension shall be at least on condition that, during the period of probation or other suspension, the offender shall abide by the law, including, but not limited to, complying with the provisions of R.C. Chapter 2923 relating to the possession, sale, furnishing, transfer, disposition, purchase, acquisition, carrying, conveying, or use of, or other conduct involving, a firearm or dangerous ordnance, as defined in R.C. § 2923.11, and shall not leave the state without the permission of the court or the offender’s probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender’s good behavior, the court may impose additional requirements on the offender, including, but not limited to, requiring the offender to make restitution pursuant to R.C. § 2929.21 for all or part of the property damage that is caused by the offender’s offense and for all or part of the value of the property that is the subject of any theft offense, as defined in R.C. § 2913.01 (K), that the offender committed. Compliance with the additional requirements shall also be a condition of the offender’s probation or other suspension.
(b) When an offender who has been convicted of or pleaded guilty to a felony is sentenced to a nonresidential sanction pursuant to R.C. § 2929.17, the court shall impose as a condition of the sanction that, during the period of the nonresidential sanction, the offender shall abide by the law, including but not limited to, complying with the provisions of R.C. Chapter 2923 identified in division (C)(1)(a) of this section.
(2) During the period of a misdemeanor offender’s probation or other suspension or during the period of a felon’s nonresidential sanction, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the offender, the place of residence of the offender, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the offender has a right, title, or interest or for which the offender has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that, the offender is not abiding by the law or otherwise is not complying with the conditions of the offender’s probation or other suspension or the conditions of the offender’s nonresidential sanction. If a felon who is sentenced to a nonresidential sanction is under the general control and supervision of the adult parole authority, as described in R.C. § 2929.15 (A)(2)(a), adult parole authority field officers with supervisory responsibilities over the felon shall have the same search authority relative to the felon during the period of the sanction as is described under this division for probation officers. The court that places the offender on probation or suspends the misdemeanor offender’s sentence of imprisonment pursuant to R.C.§ 2929.51 (D)(2) or (4) or that sentences the felon to a nonresidential sanction pursuant to R.C. § 2929.17 shall provide the offender with a written notice that informs the offender that authorized probation officers or adult parole authority field officers with supervisory responsibilities over the offender who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of probation or other suspension or during the period of the nonresidential sanction if they have reasonable grounds to believe that the offender is not abiding by the law or otherwise is not complying with the conditions of the offender’s probation or other suspension or the conditions of the offender’s nonresidential sanction.
(D) The following do not control the court’s discretion, but the court shall consider them against placing an offender who has been convicted of or pleaded guilty to a misdemeanor on probation and against otherwise suspending an offender’s sentence of imprisonment pursuant to R.C. § 2929.51 (A);
(1) The offender recently violated the conditions of pardon, post-release control pursuant to R.C. § 2967.28, or a probation or suspension pursuant to R.C. § 2929.51 (A), previously granted the offender.
(2) There is a substantial risk that, while at liberty during the period of probation or other suspension, the offender will commit another offense.
(3) The offender is in need of correctional or rehabilitative treatment that can be provided best by the offender’s commitment to a locally governed and operated residential facility.
(4) Regardless of whether the offender knew the age of the victim, the victim of the offense was 65 years of age or older or permanently and totally disabled at the time of the commission of the offense.
(E) The criteria listed in divisions (B) and (D) of this section shall not be construed to limit the matters that may be considered in determining whether to suspend sentence of imprisonment and place an offender who has been convicted of or pleaded guilty to a misdemeanor on probation or whether to otherwise suspend the offender’s sentence of imprisonment pursuant to R.C. § 2929.51 (A).
(F) (1) When an offender is convicted of or pleads guilty to a misdemeanor, the court may require the offender, as a condition of probation or as a condition of otherwise suspending the offender’s sentence pursuant to R.C. § 2929.51(A), in addition to the conditions of probation or other suspension imposed pursuant to division (C) of this section, to perform supervised community service work under the authority of health districts, park districts, counties, municipal corporations, townships, other political subdivisions of the state, or agencies of the state or any of its political subdivisions, or under the authority of charitable organizations that render services to the community or its citizens, in accordance with this division. Supervised community service work shall not be required as a condition of probation or other suspension under this division unless the offender agrees to perform the work offered as a condition of probation or other suspension by the court. The court may require an offender who agrees to perform the work to pay to it a reasonable fee to cover the costs of the offender’s participation in the work, including, but not limited to, the costs of procuring a policy or policies of insurance to cover the period during which the offender will perform the work. A court may permit any offender convicted of a misdemeanor to satisfy the payment of a fine imposed for the offense by performing supervised community service work as described in this division if the offender requests an opportunity to satisfy the payment by this means and if the court determines the offender is financially unable to pay the fine. The supervised community service work that may be imposed under this division shall be subject to the following limitations:
(a) The court shall fix the period of the work and, if necessary, shall distribute it over weekends or over other appropriate times that will allow the offender to continue at the offender’s occupation or to care for the offender’s family. The period of the work as fixed by the court shall not exceed an aggregate of 200 hours.
(b) An agency, political subdivision, or charitable organization must agree to accept the offender for the work before the court requires the offender to perform the work for the entity. A court shall not require an offender to perform supervised community service work for an agency, political subdivision, or charitable organization at a location that is an unreasonable distance from the offender’s residence or domicile, unless the offender is provided with transportation to the location where the work is to be performed.
(c) A court may enter into an agreement with a county department of human services for the management, placement, and supervision of offenders eligible for community service work in work activities, developmental activities, and alternative work activities under R.C. §§ 5107.40 to 5107.69. If a court and a county department of human services have entered into an agreement of that nature, the clerk of that court is authorized to pay directly to the department of human services all or a portion of the fees collected by the court pursuant to this division in accordance with the terms of its agreement.
(d) Community service work that a court requires under this division shall be supervised by an official of the agency, political subdivision, or charitable organization for which the work is performed or by a person designated by the agency, political subdivision, or charitable organization. The official or designated person shall be qualified for the supervision by education, training, or experience, and periodically shall report, in writing, to the court and to the offender’s probation officer concerning the conduct of the offender in performing the work.
(2) When an offender is convicted of a felony, the court may impose pursuant to R.C. §§ 2929.15 and 2929.17 a sanction that requires the offender to perform supervised community service work in accordance with this division and under the authority of any agency, political subdivision, or charitable organization as described in division (F)(1) of this section. The court may require an offender who is ordered to perform the work to pay to it a reasonable fee to cover the costs of the offender’s participation in the work, including, but not limited to, the costs of procuring a policy or policies of liability insurance to cover the period during which the offender will perform the work. A court may permit an offender convicted of a felony to satisfy the payment of a fine imposed for the offense pursuant to R.C. § 2929.18 by performing supervised community service work as described in this division if the court determines that the offender is financially unable to pay the fine. The supervised community service work that may be imposed under this division shall be subject to the limitations specified in divisions (F)(1)(a) to (d) of this section, except that the court is not required to obtain the agreement of the offender to impose supervised community work as a sanction. Additionally, the total of any period of supervised community service work imposed on an offender under this division plus the period of all other sanctions imposed pursuant to R.C. §§ 2929.15, 2929.16, 2929.17, and 2929.18 shall not exceed five years.
(G) (1) When an offender is convicted of a violation of R.C. § 4511.19, a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine or of a misdemeanor violation of R.C. § 2903.07 or an equivalent violation of a municipal ordinance that is substantially similar to R.C. § 2903.07 and that provides for that type of finding by a jury or judge in a case in which the jury or judge found that the offender was under the influence of alcohol at the time of the commission of the offense, the court may require, as a condition of probation in addition to the required conditions of probation and the discretionary conditions of probation that may be imposed pursuant to division (C) of this section, any suspension or revocation of a driver’s or commercial driver’s license or permit or nonresident operating privilege, and all other penalties provided by law or by ordinance, that the offender operate only a motor vehicle equipped with an ignition interlock device that is certified pursuant to R.C. § 4511.83.
(2) When a court requires an offender, as a condition of probation pursuant to division (G)(1) of this section, to operate only a motor vehicle equipped with an ignition interlock device that is certified pursuant to R.C. § 4511.83, the offender immediately shall surrender the offender’s driver’s or commercial driver’s license or permit to the court. Upon the receipt of the offender’s license or permit, the court shall issue an order authorizing the offender to operate a motor vehicle equipped with a certified ignition interlock device, deliver the offender’s license or permit to the bureau of motor vehicles, and include in the abstract of the case forwarded to the bureau pursuant to R.C. § 4507.021 the conditions of probation imposed pursuant to division (G)(1) of this section. The court shall give the offender a copy, of its order, and that copy shall be used by the offender in lieu of a driver’s or commercial driver’s license or permit until the bureau issues a restricted license to the offender.
(3) Upon receipt of an offender’s driver’s or commercial driver’s license or permit pursuant to division (G)(2) of this section, the bureau of motor vehicles shall issue a restricted license to the offender. The restricted license shall be identical to the surrendered license, except that it shall have printed on its face a statement that the offender is prohibited from operating a motor vehicle that is not equipped with an ignition interlock device that is certified pursuant to R.C. § 4511.83. The bureau shall deliver the offender’s surrendered license or permit to the court upon receipt of a court order requiring it to do so, or reissue the offender’s license or permit under R.C. § 4507.54 if the registrar destroyed the offender’s license or permit under that section. The offender shall surrender the restricted license to the court upon receipt of the offender’s surrendered license or permit.
(4) If an offender violates a requirement of the court imposed under division (G)(1) of this section, the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege may be suspended as provided in R.C. § 4507.16.
(5) As used in this division, IGNITION INTERLOCK DEVICE has the same meaning as in R.C. § 4511.83.
(R.C. § 2951.02)
(H) At the time of sentencing and after sentencing, when imprisonment is imposed for a misdemeanor, the court may do any of the following:
(1) Suspend the sentence and place the offender on probation pursuant to R.C. § 2951.02;
(2) Suspend the sentence pursuant to R.C. § 2951.02 upon any terms that the court considers appropriate;
(3) Permit the offender to serve the offender’s sentence in intermittent confinement, overnight, or on weekends, or both, or at any other time or times that will allow the offender to continue at the offender’s occupation or care for the offender’s family;
(4) Require the offender to serve a portion of the offender’s sentence, which may be served in intermittent confinement, and suspend the balance of the sentence pursuant to R.C. § 2951.02 upon any terms that the court considers appropriate, or suspend the balance of the sentence and place the offender on probation pursuant to that section.
(I) At the time of sentencing and after sentencing, when a term of imprisonment is imposed for a misdemeanor violation of R.C. § 2919.25, a misdemeanor violation of R.C. § 2919.27 involving a protection order issued or consent agreement approved pursuant to R.C. § 2919.26 or R.C. § 3113.31, or a violation of a municipal ordinance that is substantially equivalent to a misdemeanor violation of either of those sections, and when the court has reason to believe, based on an evaluation performed pursuant to R.C. § 2919.271 or on the advice of a chemical dependency professional, that the offender is a drug dependent person, is in danger of becoming a drug dependent person, is an alcoholic, or is suffering from acute alcohol intoxication, as defined in R.C. § 2935.33, the court may require the offender to serve a portion of the offender’s sentence and suspend the balance of the sentence and place the offender on probation pursuant to R.C. § 2951.02, with one of the conditions of probation being that the offender enter into an appropriate treatment program or facility and comply with the treatment prescribed at the program or facility. The court shall order a person to enter a particular program or facility under this division only if the court has received evidence that the program or facility has space available and that the treatment provided by the program or facility is appropriate. For purposes of this division, an appropriate treatment program or facility includes a program licensed by the director of alcohol and drug addiction services pursuant to R.C. § 3793.11, a program certified by the director of alcohol and drug addiction services pursuant to R.C. § 3793.06, a public or private hospital, the veterans administration or other agencies of the federal government, or private care or treatment rendered by a physician or a psychologist licensed in the state, a licensed independent social worker, a licensed professional clinical counselor, or a certified chemical dependency counselor. For purposes of this division, the fact that an offender is a repeat offender, as defined in R.C. § 2935.36, shall not conclusively bar the offender from conditional probation under this division if the previous offenses for which the offender was imprisoned involved misdemeanor violations of R.C. § 2919.25, misdemeanor violations of R.C. § 2919.27 involving a protection order issued or consent agreement approved pursuant to R.C. § 2919.26 or R.C. § 3113.31, or equivalent misdemeanor violations of substantially equivalent municipal ordinances or would have been violations of either of those sections had they been in effect at the time of the violations.
(J) At the time of sentencing and after sentencing, when a fine is imposed for a misdemeanor, the court may do either of the following:
(1) Suspend all or any portion of the fine, upon any conditions that the court imposes in the interests of justice and the correction and rehabilitation of the offender;
(2) Permit payment of all or any portion of the fine in installments, or by any other method and in any time and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed two years.
(R.C. § 2929.51) (‘74 Code, § 32.53)