(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 at subsection (d) 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 at 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) Work Release Option; Procedure. The court may, in its discretion, give an offender the option to serve jail time imposed by the court on the Work Release Program. Any offender selecting the Work Release Program option shall be required to sign an Agreement to serve the days owed on Work Release Program, on a form to be prescribed by the court and a Release of Liability, on a form to be prescribed by the court. Any offender selecting the Work Release option shall also be placed on probation for a minimum of one year. A condition of probation shall be that the offender appear as scheduled for the Work Release Program and perform the assigned work as required by the court officers, as defined at subsection (d) hereof. Failure to appear as scheduled for Work Release Program or failure to perform the assigned work as required by the court officers shall constitute a probation violation. Any court officer or supervisor to whom a Work Release participant is assigned shall file an Affidavit and Complaint in Mayors Court in the event that such offender so fails to appear or perform work assignments as required.
(d) Enforcement Personnel; Definitions. As used in this section, the following definitions shall apply:
(1) "Court officer" means any Clerk of Norwood Mayors Court and any police personnel assigned to the Bureau of Identification.
(2) "Court", when the context so implies, means the Mayor or Vice Mayor sitting as judge of Norwood Mayors Court.
Any other employee of the City to whom a Work Release participant is assigned to perform any task or tasks shall also be competent to file a charge of probation violation against any Work Release participant so assigned who fails to perform his/her duties as required.
(Ord. 46-1989. Passed 9-12-89.)
(e) Stay to Pay Fines; Procedure. Any court officer 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 shall be placed 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 Mayors Court charging probation violation against any offender who fails to comply with the terms of his/her stay to pay a fine. Whoever violates this section is guilty of a probation violation, a misdemeanor of the first degree. (Ord. 92-1996. Passed 11-26-96.)
(f) Ignition Interlock Device; Procedure.
(l) When an offender is convicted of a violation of Codified Ordinances Section 333.01, the court may require, as a condition of probation in addition to any other conditions of probation, any suspension or revocation of an operator's or chauffeur's license or permit or nonresident operating privilege, and all other penalties provided by law or ordinance, that the offender operate only a motor vehicle equipped with an ignition interlock device that is certified as provided in Ohio R.C. 4511.83.
(2) When the court requires an offender, as a condition of probation pursuant to subsection (f)(1) hereof, to operate only a motor vehicle equipped with an ignition interlock device that is certified as provided in Ohio R.C. 4511.83, the offender shall immediately surrender his operator's or chauffeur's license or permit to the court. Upon receipt of the offender's operator's or chauffeur'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 operator's or chauffeur's license or permit to the Bureau of Motor Vehicles, and include in the abstract of the case forwarded to the Bureau pursuant to Ohio R.C. 4507.021, the conditions of probation imposed pursuant to subsection (f)(1) hereof. The court shall give the offender a copy of its order, and that copy shall be used by the offender in lieu of an operator's or chauffeur's license or permit until the Bureau issues a restricted license to the offender.
(3) Upon receipt of an offender's operator's or chauffeur's license or permit pursuant to subsection (f)(2) hereof, the Bureau of Motor Vehicles shall issue a restricted license to the offender. The restricted license shall be identical to an operator's license, except that it shall have printed on the face of the license 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 Ohio R.C. 4511.83. The Bureau shall deliver the offender's surrendered operator's or chauffeur's license or permit to the court upon receipt of a court order requiring it to do so. The offender shall surrender the restricted license to the court upon receipt of his surrendered license or permit.
(4) An offender who violates a requirement of the court under subsection (f)(1) hereof may have his operator's or chauffeur's license or permit or nonresident operating privilege suspended as provided in Ohio R.C. 4507.16. Additionally, such violation constitutes a probation violation.
(g) 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.
(h) 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 the 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 deadline 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 immediate 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 shall 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.
(i) 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. 46-1989. Passed 9-12-89 )