CHAPTER 698
Penalties and Sentencing
698.01    Definitions.
698.02    Penalties for misdemeanor.
698.03    Imposing sentence for misdemeanor.
698.04    Organizational penalties.
698.05    Multiple sentences.
698.06    Suspension of driver's license.
 
CROSS REFERENCES
See section histories for similar State law
Definition of "imprisoned" - see Ohio R.C. 1.05
Burden and degree of proof - see Ohio R.C. 2901.05
Venue - see Ohio R.C. 2901.12
Procedure on change of venue - see Ohio R.C. 2931.29
Transfer of prisoner on change of venue - see Ohio R.C. 2931.30
Payment of costs and expenses on change of venue - see Ohio R.C. 2931.31
Degree of offense; charge and verdict; prior conviction - see Ohio R.C. 2945.75
Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14
Criteria for probation; conditions for probation - see Ohio R.C. 2951.02
General provisions; administration and enforcement - see GEN. OFF. Ch. 606
Definitions generally - see GEN. OFF. 606.01
Culpable mental states - see GEN. OFF. 606.02
Classification of offenses - see GEN. OFF. 606.02
Common law offenses abrogated - see GEN. OFF. 606.04
Rules of construction - see GEN. OFF. 606.04
Criminal law jurisdiction - see GEN. OFF. 606.05
Limitation on prosecutions - see GEN. OFF. 606.06
Requirements for criminal liability - see GEN. OFF. 606.07
Organizational criminal liability - see GEN. OFF. 606.08
Personal accountability for organizational conduct - see GEN. OFF. 606.09
Obstructing justice - see GEN. OFF. 606.15
 
 
698.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Dangerous offender" means a person who has committed an offense, whose history, character and condition reveal a substantial risk that he or she will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive or aggressive behavior with heedless indifference to the consequences.
   (b)   "Repeat offender" means a person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following applies:
      (1)   Having been convicted of one or more offenses of violence, as defined in Ohio R.C. 2901.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent offense of violence;
      (2)   Having been convicted of one or more sexually oriented offenses or child- victim oriented offenses, both as defined in Ohio R.C. 2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent sexually oriented offense or child victim oriented offense;
      (3)   Having been convicted of one or more theft offenses, as defined in Ohio R.C. 2913.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent theft offense;
      (4)   Having been convicted of one or more felony drug abuse offenses, as defined in Ohio R.C. 2925.01, and having been imprisoned pursuant to sentence for one or more of those offenses, the person commits a subsequent felony drug abuse offense;
      (5)   Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense;
      (6)   Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, the person commits a subsequent offense.
         (ORC 2935.36(E))
698.02 PENALTIES FOR MISDEMEANOR.
   (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).
      (2)   Fines. A fine in the following amount:
         A.   For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
         B.   For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
         C.   For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
         D.   For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00);
         E.   For a minor misdemeanor, not more than one hundred fifty dollars ($150.00).
      (3)   Reimbursement of costs of sanctions.
         A.   Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including, but not limited to, the following:
            1.   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;
            2.   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.
         B.   The amount of reimbursement ordered under subsection (a)(3)A. 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 subsection. If the court does not order reimbursement under that subsection, confinement costs may be assessed pursuant to a repayment policy adopted under Ohio R.C. 2929.37. In addition, the offender may be required to pay the fees specified in Ohio R.C. 2929.38 in accordance with that section.
(ORC 2929.28)
   (b)   Jail Terms.  
      (1)   Except as provided in Ohio R.C. 2929.22 or 2929.23 of the Revised Code, 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 General Offenses Code, 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.
(ORC 2929.24)
698.03 IMPOSING SENTENCE FOR MISDEMEANOR.
   (a)   (1)   Unless a mandatory jail term is required to be imposed by division (G) of Section 1547.99, division (B) of Section 4510.14, division (G) of Section 4511.19 of the Ohio Revised Code, or any other provision of the Ohio Revised Code a court that imposes a sentence under this Code upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most efficient way to achieve the purposes and principles of sentencing set forth in Section 2929.21 of the Ohio Revised Code.
      (2)   Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of Sections 2929.23 to 2929.28 of the Ohio Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under Sections 2929.24 to 2929.28 of the Ohio Revised Code. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.
   (b)   (1)   In determining the appropriate sentence for a misdemeanor, the court shall determine whether the victim of the offense was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense and, to the extent applicable, shall proceed as follows:
         A.   If the court determines that the victim was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim’s disability, and if the offense is a misdemeanor other than a minor misdemeanor, the court shall consider that fact in favor of imposing a jail term on the offender, but that fact shall not control the decision of the court.
         B.   If the court determines that the victim was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim’s disability, the court shall consider that fact in favor of imposing a financial sanction of restitution on the offender under Section 2929.28 of the Ohio Revised Code, but that fact shall not control the decision of the court.
      (2)   In determining the appropriate sentence for a misdemeanor, in addition to complying with division (b)(1) of this section, the court shall consider all of the following factors:
         A.   The nature and circumstances of the offense or offenses;
         B.   Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender’s character and condition reveal a substantial risk that the offender will commit another offense;
         C.   Whether the circumstances regarding th offender and the offense or offenses indicate that the offender’s history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender’s conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;
         D.   The criminal history and character of the offender in general, in addition to the circumstances described in divisions (b)(2)B. and C. of this section.
         E.   Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (b)(2)B. and C. of this section.
      (3)   In determining the appropriate sentence for a misdemeanor, in addition to complying with divisions (b)(1) and (2) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in Section 2929.21 of the Ohio Revised Code.
   (c)   Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under R.C. §§ 2929.25, 2929.26, 2929.27, and 2929.28. A court may impose the longest jail term authorized under § 698.02(b) only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future criminal offense.
   (d)   (1)   A sentencing court shall consider any relevant oral and written statement made by the victim, the victim’s representative, the victim’s attorney, if applicable, the defendant, the defense attorney, and the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by R.C. Chapter 2930.
      (2)   At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim’s right to file an application for an award of reparations pursuant to Sections 2743.51 to 2743.72 of the Ohio Revised Code.
(ORC 2929.22)
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