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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 211
2025-2026
Representatives Humphrey, Williams
Cosponsors: Representatives Brewer,
Isaacsohn, Piccolantonio, Upchurch, Russo, Brennan, White, E.,
Brownlee, Synenberg, Mohamed, Cockley, Fischer
A
BILL
To
amend sections 2929.19, 2951.03, and 2951.041 of the Revised Code
to
require a court to consider an offender's status as a primary
caretaker of a child in determining whether the offender is amenable
to a community control sanction or to intervention in lieu of
conviction.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2929.19, 2951.03, and 2951.041 of the Revised Code be
amended to read as follows:
Sec.
2929.19.
(A)
The court shall hold a sentencing hearing before imposing a sentence
under this chapter upon an offender who was convicted of or pleaded
guilty to a felony and before resentencing an offender who was
convicted of or pleaded guilty to a felony and whose case was
remanded pursuant to section 2953.07 or 2953.08 of the Revised Code.
At the hearing, the offender, the prosecuting attorney, the victim or
the victim's representative in accordance with section 2930.14 of the
Revised Code, and, with the approval of the court, any other person
may present information relevant to the imposition of sentence in the
case. The court shall inform the offender of the verdict of the jury
or finding of the court and ask the offender whether the offender has
anything to say as to why sentence should not be imposed upon the
offender.
(B)(1)
At the sentencing hearing, the court, before imposing sentence, shall
do all of the following:
(a)
Consider the
following:
(i)
The
record
,
any
;
(ii)
Any
information presented at the hearing by any person pursuant to
division (A) of this section
,
and, if
;
(iii)
If
one was prepared, the presentence investigation report made pursuant
to section 2951.03 of the Revised Code or Criminal Rule 32.2,
and
any
including
the offender's status as the primary caretaker of a child, if
applicable;
(iv)
Any
victim
impact statement made pursuant to section 2947.051 of the Revised
Code
;
.
(b)
If the offense was committed when the offender was under eighteen
years of age, in addition to other factors considered, consider youth
and its characteristics as mitigating factors, including:
(i)
The chronological age of the offender at the time of the offense and
that age's hallmark features, including intellectual capacity,
immaturity, impetuosity, and a failure to appreciate risks and
consequences;
(ii)
The family and home environment of the offender at the time of the
offense, the offender's inability to control the offender's
surroundings, a history of trauma regarding the offender, and the
offender's school and special education history;
(iii)
The circumstances of the offense, including the extent of the
offender's participation in the conduct and the way familial and peer
pressures may have impacted the offender's conduct;
(iv)
Whether the offender might have been charged and convicted of a
lesser offense if not for the incompetencies associated with youth,
such as the offender's inability to deal with police officers and
prosecutors during the offender's interrogation or possible plea
agreement or the offender's inability to assist the offender's own
attorney;
(v)
Examples of the offender's rehabilitation, including any subsequent
growth or increase in maturity during confinement.
(2)
Subject to division (B)(3) of this section, if the sentencing court
determines at the sentencing hearing that a prison term is necessary
or required, the court shall do all of the following:
(a)
Impose a stated prison term and, if the court imposes a mandatory
prison term, notify the offender that the prison term is a mandatory
prison term;
(b)
In addition to any other information, include in the sentencing entry
the name and section reference to the offense or offenses, the
sentence or sentences imposed and whether the sentence or sentences
contain mandatory prison terms, if sentences are imposed for multiple
counts whether the sentences are to be served concurrently or
consecutively, and the name and section reference of any
specification or specifications for which sentence is imposed and the
sentence or sentences imposed for the specification or
specifications;
(c)
If the prison term is a non-life felony indefinite prison term,
notify the offender of all of the following:
(i)
That it is rebuttably presumed that the offender will be released
from service of the sentence on the expiration of the minimum prison
term imposed as part of the sentence or on the offender's presumptive
earned early release date, as defined in section 2967.271 of the
Revised Code, whichever is earlier;
(ii)
That the department of rehabilitation and correction may rebut the
presumption described in division (B)(2)(c)(i) of this section if, at
a hearing held under section 2967.271 of the Revised Code, the
department makes specified determinations regarding the offender's
conduct while confined, the offender's rehabilitation, the offender's
threat to society, the offender's restrictive housing, if any, while
confined, and the offender's security classification;
(iii)
That if, as described in division (B)(2)(c)(ii) of this section, the
department at the hearing makes the specified determinations and
rebuts the presumption, the department may maintain the offender's
incarceration after the expiration of that minimum term or after that
presumptive earned early release date for the length of time the
department determines to be reasonable, subject to the limitation
specified in section 2967.271 of the Revised Code;
(iv)
That the department may make the specified determinations and
maintain the offender's incarceration under the provisions described
in divisions (B)(2)(c)(i) and (ii) of this section more than one
time, subject to the limitation specified in section 2967.271 of the
Revised Code;
(v)
That if the offender has not been released prior to the expiration of
the offender's maximum prison term imposed as part of the sentence,
the offender must be released upon the expiration of that term.
(d)
Notify the offender that the offender will be supervised under
section 2967.28 of the Revised Code after the offender leaves prison
if the offender is being sentenced, other than to a sentence of life
imprisonment, for a felony of the first degree or second degree, for
a felony sex offense, or for a felony of the third degree that is an
offense of violence and is not a felony sex offense. This division
applies with respect to all prison terms imposed for an offense of a
type described in this division, including a non-life felony
indefinite prison term and including a term imposed for any offense
of a type described in this division that is a risk reduction
sentence, as defined in section 2967.28 of the Revised Code. If a
court imposes a sentence including a prison term of a type described
in division (B)(2)(d) of this section on or after July 11, 2006, the
failure of a court to notify the offender pursuant to division
(B)(2)(d) of this section that the offender will be supervised under
section 2967.28 of the Revised Code after the offender leaves prison
or to include in the judgment of conviction entered on the journal a
statement to that effect does not negate, limit, or otherwise affect
the mandatory period of supervision that is required for the offender
under division (B) of section 2967.28 of the Revised Code. Section
2929.191 of the Revised Code applies if, prior to July 11, 2006, a
court imposed a sentence including a prison term of a type described
in division (B)(2)(d) of this section and failed to notify the
offender pursuant to division (B)(2)(d) of this section regarding
post-release control or to include in the judgment of conviction
entered on the journal or in the sentence a statement regarding
post-release control.
(e)
Notify the offender that the offender may be supervised under section
2967.28 of the Revised Code after the offender leaves prison if the
offender is being sentenced for a felony of the third, fourth, or
fifth degree that is not subject to division (B)(2)(d) of this
section. This division applies with respect to all prison terms
imposed for an offense of a type described in this division,
including a term imposed for any such offense that is a risk
reduction sentence, as defined in section 2967.28 of the Revised
Code. Section 2929.191 of the Revised Code applies if, prior to July
11, 2006, a court imposed a sentence including a prison term of a
type described in division (B)(2)(e) of this section and failed to
notify the offender pursuant to division (B)(2)(e) of this section
regarding post-release control or to include in the judgment of
conviction entered on the journal or in the sentence a statement
regarding post-release control.
(f)
Notify the offender that, if a period of supervision is imposed
following the offender's release from prison, as described in
division (B)(2)(d) or (e) of this section, and if the offender
violates that supervision or a condition of post-release control
imposed under division (B) of section 2967.131 of the Revised Code,
the parole board may impose a prison term, as part of the sentence,
of up to one-half of the definite prison term originally imposed upon
the offender as the offender's stated prison term or up to one-half
of the minimum prison term originally imposed upon the offender as
part of the offender's stated non-life felony indefinite prison term.
If a court imposes a sentence including a prison term on or after
July 11, 2006, the failure of a court to notify the offender pursuant
to division (B)(2)(f) of this section that the parole board may
impose a prison term as described in division (B)(2)(f) of this
section for a violation of that supervision or a condition of
post-release control imposed under division (B) of section 2967.131
of the Revised Code or to include in the judgment of conviction
entered on the journal a statement to that effect does not negate,
limit, or otherwise affect the authority of the parole board to so
impose a prison term for a violation of that nature if, pursuant to
division (D)(1) of section 2967.28 of the Revised Code, the parole
board notifies the offender prior to the offender's release of the
board's authority to so impose a prison term. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term and failed to notify the offender
pursuant to division (B)(2)(f) of this section regarding the
possibility of the parole board imposing a prison term for a
violation of supervision or a condition of post-release control.
(g)(i)
Determine, notify the offender of, and include in the sentencing
entry the total number of days, including the sentencing date but
excluding conveyance time, that the offender has been confined for
any reason arising out of the offense for which the offender is being
sentenced and by which the department of rehabilitation and
correction must reduce the definite prison term imposed on the
offender as the offender's stated prison term or, if the offense is
an offense for which a non-life felony indefinite prison term is
imposed under division (A)(1)(a) or (2)(a) of section 2929.14 of the
Revised Code, the minimum and maximum prison terms imposed on the
offender as part of that non-life felony indefinite prison term,
under section 2967.191 of the Revised Code. The court's calculation
shall not include the number of days, if any, that the offender
served in the custody of the department of rehabilitation and
correction arising out of any prior offense for which the prisoner
was convicted and sentenced.
(ii)
In making a determination under division (B)(2)(g)(i) of this
section, the court shall consider the arguments of the parties and
conduct a hearing if one is requested.
(iii)
The sentencing court retains continuing jurisdiction to correct any
error not previously raised at sentencing in making a determination
under division (B)(2)(g)(i) of this section. The offender may, at any
time after sentencing, file a motion in the sentencing court to
correct any error made in making a determination under division
(B)(2)(g)(i) of this section, and the court may in its discretion
grant or deny that motion. If the court changes the number of days in
its determination or redetermination, the court shall cause the entry
granting that change to be delivered to the department of
rehabilitation and correction without delay. Sections 2931.15 and
2953.21 of the Revised Code do not apply to a motion made under this
section.
(iv)
An inaccurate determination under division (B)(2)(g)(i) of this
section is not grounds for setting aside the offender's conviction or
sentence and does not otherwise render the sentence void or voidable.
(v)
The department of rehabilitation and correction shall rely upon the
latest journal entry of the court in determining the total days of
local confinement for purposes of division (B)(2)(g)(i) to (iii) of
this section and section 2967.191 of the Revised Code.
(3)(a)
The court shall include in the offender's sentence a statement that
the offender is a tier III sex offender/child-victim offender, and
the court shall comply with the requirements of section 2950.03 of
the Revised Code if any of the following apply:
(i)
The offender is being sentenced for a violent sex offense or
designated homicide, assault, or kidnapping offense that the offender
committed on or after January 1, 1997, and the offender is
adjudicated a sexually violent predator in relation to that offense.
(ii)
The offender is being sentenced for a sexually oriented offense that
the offender committed on or after January 1, 1997, and the offender
is a tier III sex offender/child-victim offender relative to that
offense.
(iii)
The offender is being sentenced on or after July 31, 2003, for a
child-victim oriented offense, and the offender is a tier III sex
offender/child-victim offender relative to that offense.
(iv)
The offender is being sentenced under section 2971.03 of the Revised
Code for a violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after January 2, 2007.
(v)
The offender is sentenced to a term of life without parole under
division (B) of section 2907.02 of the Revised Code.
(vi)
The offender is being sentenced for attempted rape committed on or
after January 2, 2007, and a specification of the type described in
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code.
(vii)
The offender is being sentenced under division (B)(3)(a), (b), (c),
or (d) of section 2971.03 of the Revised Code for an offense
described in those divisions committed on or after January 1, 2008.
(b)
Additionally, if any criterion set forth in divisions (B)(3)(a)(i) to
(vii) of this section is satisfied, in the circumstances described in
division (E) of section 2929.14 of the Revised Code, the court shall
impose sentence on the offender as described in that division.
(4)
If the sentencing court determines at the sentencing hearing that a
community control sanction should be imposed and the court is not
prohibited from imposing a community control sanction, the court
shall impose a community control sanction. The court shall notify the
offender that, if the conditions of the sanction are violated, if the
offender commits a violation of any law, or if the offender leaves
this state without the permission of the court or the offender's
probation officer, the court may impose a longer time under the same
sanction, may impose a more restrictive sanction, or may impose a
prison term on the offender and shall indicate the range from which
the prison term may be imposed as a sanction for the violation, which
shall be the range of prison terms for the offense that is specified
pursuant to section 2929.14 of the Revised Code and as described in
section 2929.15 of the Revised Code.
"
(5)
Before imposing a financial sanction under section 2929.18 of the
Revised Code or a fine under section 2929.32 of the Revised Code, the
court shall consider the offender's present and future ability to pay
the amount of the sanction or fine.
(6)
If the sentencing court sentences the offender to a sanction of
confinement pursuant to section 2929.14 or 2929.16 of the Revised
Code that is to be served in a local detention facility, as defined
in section 2929.36 of the Revised Code, and if the local detention
facility is covered by a policy adopted pursuant to section 307.93,
341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or
2947.19 of the Revised Code and section 2929.37 of the Revised Code,
both of the following apply:
(a)
The court shall specify both of the following as part of the
sentence:
(i)
If the offender is presented with an itemized bill pursuant to
section 2929.37 of the Revised Code for payment of the costs of
confinement, the offender is required to pay the bill in accordance
with that section.
(ii)
If the offender does not dispute the bill described in division
(B)(6)(a)(i) of this section and does not pay the bill by the times
specified in section 2929.37 of the Revised Code, the clerk of the
court may issue a certificate of judgment against the offender as
described in that section.
(b)
The sentence automatically includes any certificate of judgment
issued as described in division (B)(6)(a)(ii) of this section.
(7)
The failure of the court to notify the offender that a prison term is
a mandatory prison term pursuant to division (B)(2)(a) of this
section or to include in the sentencing entry any information
required by division (B)(2)(b) of this section does not affect the
validity of the imposed sentence or sentences. If the sentencing
court notifies the offender at the sentencing hearing that a prison
term is mandatory but the sentencing entry does not specify that the
prison term is mandatory, the court may complete a corrected journal
entry and send copies of the corrected entry to the offender and the
department of rehabilitation and correction, or, at the request of
the state, the court shall complete a corrected journal entry and
send copies of the corrected entry to the offender and department of
rehabilitation and correction.
(C)(1)
If the offender is being sentenced for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised Code,
the court shall impose the mandatory term of local incarceration in
accordance with that division, shall impose a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose additional sanctions as specified
in sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised
Code. The court shall not impose a prison term on the offender except
that the court may impose a prison term upon the offender as provided
in division (A)(1) of section 2929.13 of the Revised Code.
(2)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the court shall impose the mandatory prison term in
accordance with that division, shall impose a mandatory fine in
accordance with division (B)(3) of section 2929.18 of the Revised
Code, and, in addition, may impose an additional prison term as
specified in section 2929.14 of the Revised Code. In addition to the
mandatory prison term or mandatory prison term and additional prison
term the court imposes, the court also may impose a community control
sanction on the offender, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.
(D)
The sentencing court, pursuant to division (I)(1) of section 2929.14
of the Revised Code, may recommend placement of the offender in a
program of shock incarceration under section 5120.031 of the Revised
Code or an intensive program prison under section 5120.032 of the
Revised Code, disapprove placement of the offender in a program or
prison of that nature, or make no recommendation. If the court
recommends or disapproves placement, it shall make a finding that
gives its reasons for its recommendation or disapproval.
Sec.
2951.03.
(A)(1)
Unless the defendant and the prosecutor who is handling the case
against the defendant agree to waive the presentence investigation
report, no person who has been convicted of or pleaded guilty to a
felony shall be placed under a community control sanction until a
written presentence investigation report has been considered by the
court. The court may order a presentence investigation report
notwithstanding an agreement to waive the report. If a court orders
the preparation of a presentence investigation report pursuant to
this section, section 2947.06 of the Revised Code, or Criminal Rule
32.2, the officer making the report shall inquire into the
circumstances of the offense and the criminal record, social history,
and present condition of the defendant, all information available
regarding any prior adjudications of the defendant as a delinquent
child and regarding the dispositions made relative to those
adjudications, and any other matters specified in Criminal Rule 32.2.
Whenever the officer considers it advisable, the officer's
investigation may include a physical and mental examination of the
defendant. A physical examination of the defendant may include a drug
test consisting of a chemical analysis of a blood or urine specimen
of the defendant to determine whether the defendant ingested or was
injected with a drug of abuse. If, pursuant to section 2930.13 of the
Revised Code, the victim of the offense of which the defendant has
been convicted wishes to make a statement regarding the impact of the
offense for the officer's use in preparing the presentence
investigation report, the officer shall comply with the requirements
of that section.
If the defendant files a motion that includes evidence of the
defendant's status as primary caretaker of a child, the officer shall
investigate the defendant's status as primary caretaker of a child
and include any findings in the report.
(2)
If a defendant is committed to any institution, the presentence
investigation report shall be sent to the institution with the entry
of commitment. If a defendant is committed to any institution and a
presentence investigation report is not prepared regarding that
defendant pursuant to this section, section 2947.06 of the Revised
Code, or Criminal Rule 32.2, the director of the department of
rehabilitation and correction or the director's designee may order
that an offender background investigation and report be conducted and
prepared regarding the defendant pursuant to section 5120.16 of the
Revised Code. An offender background investigation report prepared
pursuant to this section shall be considered confidential information
and is not a public record under section 149.43 of the Revised Code.
(3)
The department of rehabilitation and correction may use any
presentence investigation report and any offender background
investigation report prepared pursuant to this section for
penological and rehabilitative purposes. The department may disclose
any presentence investigation report and any offender background
investigation report to courts, law enforcement agencies,
community-based correctional facilities, halfway houses, and medical,
mental health, and substance abuse treatment providers. The
department shall make the disclosure in a manner calculated to
maintain the report's confidentiality. Any presentence investigation
report or offender background investigation report that the
department discloses to a community-based correctional facility, a
halfway house, or a medical, mental health, or substance abuse
treatment provider shall not include a victim impact section or
information identifying a witness.
(B)(1)
If a presentence investigation report is prepared pursuant to this
section, section 2947.06 of the Revised Code, or Criminal Rule 32.2,
the court, at a reasonable time before imposing sentence, shall
permit the defendant or the defendant's counsel to read the report,
except that the court shall not permit the defendant or the
defendant's counsel to read any of the following:
(a)
Any recommendation as to sentence;
(b)
Any diagnostic opinions that, if disclosed, the court believes might
seriously disrupt a program of rehabilitation for the defendant;
(c)
Any sources of information obtained upon a promise of
confidentiality;
(d)
Any other information that, if disclosed, the court believes might
result in physical harm or some other type of harm to the defendant
or to any other person.
(2)
Prior to sentencing, the court shall permit the defendant and the
defendant's counsel to comment on the presentence investigation
report and, in its discretion, may permit the defendant and the
defendant's counsel to introduce testimony or other information that
relates to any alleged factual inaccuracy contained in the report.
(3)
If the court believes that any information in the presentence
investigation report should not be disclosed pursuant to division
(B)(1) of this section, the court, in lieu of making the report or
any part of the report available, shall state orally or in writing a
summary of the factual information contained in the report that will
be relied upon in determining the defendant's sentence. The court
shall permit the defendant and the defendant's counsel to comment
upon the oral or written summary of the report.
(4)
Any material that is disclosed to the defendant or the defendant's
counsel pursuant to this section shall be disclosed to the prosecutor
who is handling the prosecution of the case against the defendant.
(5)
If the comments of the defendant or the defendant's counsel, the
testimony they introduce, or any of the other information they
introduce alleges any factual inaccuracy in the presentence
investigation report or the summary of the report, the court shall do
either of the following with respect to each alleged factual
inaccuracy:
(a)
Make a finding as to the allegation;
(b)
Make a determination that no finding is necessary with respect to the
allegation, because the factual matter will not be taken into account
in the sentencing of the defendant.
(C)
A court's decision as to the content of a summary under division
(B)(3) of this section or as to the withholding of information under
division (B)(1)(a), (b), (c), or (d) of this section shall be
considered to be within the discretion of the court. No appeal can be
taken from either of those decisions, and neither of those decisions
shall be the basis for a reversal of the sentence imposed.
(D)(1)
The contents of a presentence investigation report prepared pursuant
to this section, section 2947.06 of the Revised Code, or Criminal
Rule 32.2 and the contents of any written or oral summary of a
presentence investigation report or of a part of a presentence
investigation report described in division (B)(3) of this section are
confidential information and are not a public record. The contents of
a presentence investigation report or of a part of a presentence
investigation report described in division (B)(3) of this section may
be shared between courts. Any court, any appellate court, authorized
probation officers, investigators, and any authorized court
personnel, the defendant, the defendant's counsel, the prosecutor who
is handling the prosecution of the case against the defendant, and
authorized personnel of an institution to which the defendant is
committed may inspect, receive copies of, retain copies of, and use a
presentence investigation report or a written or oral summary of a
presentence investigation only for the purposes of or only as
authorized by Criminal Rule 32.2 or this section, division (F)(1) of
section 2953.08, section 2947.06, or another section of the Revised
Code.
(2)
Immediately following the imposition of sentence upon the defendant,
the defendant or the defendant's counsel and the prosecutor shall
return to the court all copies of a presentence investigation report
and of any written summary of a presentence investigation report or
part of a presentence investigation report that the court made
available to the defendant or the defendant's counsel and to the
prosecutor pursuant to this section. The defendant or the defendant's
counsel and the prosecutor shall not make any copies of the
presentence investigation report or of any written summary of a
presentence investigation report or part of a presentence
investigation report that the court made available to them pursuant
to this section.
(3)
Except when a presentence investigation report or a written or oral
summary of a presentence investigation report is being used for the
purposes of or as authorized by Criminal Rule 32.2 or this section,
division (F)(1) of section 2953.08, section 2947.06, or another
section of the Revised Code, the court or other authorized holder of
the report or summary shall retain the report or summary under seal.
(E)
In inquiring into the information available regarding any prior
adjudications of the defendant as a delinquent child and regarding
the dispositions made relative to those adjudications, the officer
making the report shall consider all information that is relevant,
including, but not limited to, the materials described in division
(B) of section 2151.14, division (C)(3) of section 2152.18, division
(D)(3) of section 2152.19, and division (E) of section 2152.71 of the
Revised Code.
(F)
As used in this section:
(1)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.
(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(3)
"Public record" has the same meaning as in section 149.43
of the Revised Code.
Sec.
2951.041.
(A)(1)
If an offender is charged with a criminal offense, including but not
limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21,
2913.31, or 2919.21 of the Revised Code, and the court has reason to
believe that drug or alcohol usage by the offender was a factor
leading to the criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness, was a person with an intellectual disability, or was
a victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the offender's criminal behavior, the court may
accept, prior to the entry of a guilty plea, the offender's request
for intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the offender
had a mental illness, was a person with an intellectual disability,
or was a victim of a violation of section 2905.32 or 2907.21 of the
Revised Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the criminal offense with which the offender is
charged. The request also shall include a waiver of the defendant's
right to a speedy trial, the preliminary hearing, the time period
within which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. Unless an offender alleges that
drug or alcohol usage by the offender was a factor leading to the
criminal offense with which the offender is charged, the court may
reject an offender's request without a hearing. If the court elects
to consider an offender's request or the offender alleges that drug
or alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged, the court shall conduct a
hearing to determine whether the offender is eligible under this
section for intervention in lieu of conviction and shall stay all
criminal proceedings pending the outcome of the hearing. If the court
schedules a hearing, the court shall order an assessment of the
offender for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.
If
the court schedules a hearing, the offender may file a motion with
the court that includes evidence that the offender is the primary
caretaker of a child. If the court determines that the offender is
the primary caretaker of a child, the court shall consider that fact
in determining the offender's program eligibility for intervention in
lieu of conviction.
If
the offender alleges that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged, the court may order that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan. The community addiction services
provider or the properly credentialed professional shall provide a
written assessment of the offender to the court.
(2)
The victim notification provisions of division (E) of section 2930.06
of the Revised Code apply in relation to any hearing held under
division (A)(1) of this section.
(B)
An offender is eligible for intervention in lieu of conviction if the
court finds all of the following:
(1)
The offender previously has not been convicted of or pleaded guilty
to any felony offense of violence.
(2)
The offense is not a felony of the first, second, or third degree, is
not an offense of violence, is not a felony sex offense, is not a
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code, is not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section 4511.19
of the Revised Code or a municipal ordinance that is substantially
similar to that division, and is not an offense for which a
sentencing court is required to impose a mandatory prison term.
(3)
The offender is not charged with a violation of section 2925.02,
2925.04, or 2925.06 of the Revised Code, is not charged with a
violation of section 2925.03 of the Revised Code that is a felony of
the first, second, third, or fourth degree, and is not charged with a
violation of section 2925.11 of the Revised Code that is a felony of
the first or second degree.
(4)
If an offender alleges that drug or alcohol usage by the offender was
a factor leading to the criminal offense with which the offender is
charged, the court has ordered that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan, the offender has been assessed by a
community addiction services provider of that nature or a properly
credentialed professional in accordance with the court's order, and
the community addiction services provider or properly credentialed
professional has filed the written assessment of the offender with
the court.
(5)
If an offender alleges that, at the time of committing the criminal
offense with which the offender is charged, the offender had a mental
illness, was a person with an intellectual disability, or was a
victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to that offense, the offender has been assessed by a
psychiatrist, psychologist, independent social worker, licensed
professional clinical counselor, or independent marriage and family
therapist for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.
(6)
The offender's drug usage, alcohol usage, mental illness, or
intellectual disability, or the fact that the offender was a victim
of a violation of section 2905.32 or 2907.21 of the Revised Code,
whichever is applicable, was a factor leading to the criminal offense
with which the offender is charged, intervention in lieu of
conviction would not demean the seriousness of the offense, and
intervention would substantially reduce the likelihood of any future
criminal activity.
(7)
The alleged victim of the offense was not sixty-five years of age or
older, permanently and totally disabled, under thirteen years of age,
or a peace officer engaged in the officer's official duties at the
time of the alleged offense.
(8)
If the offender is charged with a violation of section 2925.24 of the
Revised Code, the alleged violation did not result in physical harm
to any person.
(9)
The offender is willing to comply with all terms and conditions
imposed by the court pursuant to division (D) of this section.
(10)
The offender is not charged with an offense that would result in the
offender being disqualified under Chapter 4506. of the Revised Code
from operating a commercial motor vehicle or would subject the
offender to any other sanction under that chapter.
(C)
At the conclusion of a hearing held pursuant to division (A) of this
section, the court shall determine whether the offender will be
granted intervention in lieu of conviction. In making this
determination, the court shall presume that intervention in lieu of
conviction is appropriate. If the court finds under this division and
division (B) of this section that the offender is eligible for
intervention in lieu of conviction, the court shall grant the
offender's request unless the court finds specific reasons to believe
that the candidate's participation in intervention in lieu of
conviction would be inappropriate.
If
the court denies an eligible offender's request for intervention in
lieu of conviction, the court shall state the reasons for the denial,
with particularity, in a written entry.
If
the court grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within which
the grand jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. In addition, the court then may stay all criminal
proceedings and order the offender to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section. If the court finds that the offender is not eligible or does
not grant the offender's request, the criminal proceedings against
the offender shall proceed as if the offender's request for
intervention in lieu of conviction had not been made.
(D)
If the court grants an offender's request for intervention in lieu of
conviction, all of the following apply:
(1)
The court shall place the offender under the general control and
supervision of one of the following, as if the offender was subject
to a community control sanction imposed under section 2929.15,
2929.18, or 2929.25 of the Revised Code:
(a)
The county probation department, the adult parole authority, or
another appropriate local probation or court services agency, if one
exists;
(b)
If the court grants the request for intervention in lieu of
conviction during the period commencing on April 4, 2023, and ending
on October 15, 2025, a community-based correctional facility.
(2)
The court shall establish an intervention plan for the offender.
(3)
The terms and conditions of the intervention plan required under
division (D)(2) of this section shall require the offender, for at
least one year, but not more than five years, from the date on which
the court grants the order of intervention in lieu of conviction, to
abstain from the use of illegal drugs and alcohol, to participate in
treatment and recovery support services, and to submit to regular
random testing for drug and alcohol use and may include any other
treatment terms and conditions, or terms and conditions similar to
community control sanctions, which may include community service or
restitution, that are ordered by the court.
(E)
If the court grants an offender's request for intervention in lieu of
conviction and the court finds that the offender has successfully
completed the intervention plan for the offender, including the
requirement that the offender abstain from using illegal drugs and
alcohol for a period of at least one year, but not more than five
years, from the date on which the court granted the order of
intervention in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all other
terms and conditions ordered by the court, the court shall dismiss
the proceedings against the offender. Successful completion of the
intervention plan and period of abstinence under this section shall
be without adjudication of guilt and is not a criminal conviction for
purposes of any disqualification or disability imposed by law and
upon conviction of a crime, and the court may order the sealing or
expungement of records related to the offense in question, as a
dismissal of the charges, in the manner provided in sections 2953.31,
2953.33, 2953.37, and 2953.521 of the Revised Code and divisions (H),
(K), and (L) of section 2953.34 of the Revised Code.
(F)
If the court grants an offender's request for intervention in lieu of
conviction and the offender fails to comply with any term or
condition imposed as part of the intervention plan for the offender,
the supervising authority for the offender promptly shall advise the
court of this failure, and the court shall hold a hearing to
determine whether the offender failed to comply with any term or
condition imposed as part of the plan. If the court determines that
the offender has failed to comply with any of those terms and
conditions, it may continue the offender on intervention in lieu of
conviction, continue the offender on intervention in lieu of
conviction with additional terms, conditions, and sanctions, or enter
a finding of guilty and impose an appropriate sanction under Chapter
2929. of the Revised Code. If the court sentences the offender to a
prison term, the court, after consulting with the department of
rehabilitation and correction regarding the availability of services,
may order continued court-supervised activity and treatment of the
offender during the prison term and, upon consideration of reports
received from the department concerning the offender's progress in
the program of activity and treatment, may consider judicial release
under section 2929.20 of the Revised Code.
(G)
As used in this section:
(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.
(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(3)
"Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.
(4)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.
(5)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.
(6)
"Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(7)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
(8)
"Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.
Section
2.
That
existing sections 2929.19, 2951.03, and 2951.041 of the Revised Code
are hereby repealed.