Enact the Alford Plea Fairness Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 705

2025-2026

Representative Williams

To
amend sections 2929.12, 2929.15, and 2929.25 of the Revised Code
to
prohibit a sentencing court from imposing, as a condition of
community control, a requirement that the offender admit guilt if the
offender was found guilty after entering an Alford plea and to name
this act the Alford Plea Fairness Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2929.12, 2929.15, and 2929.25 of the Revised Code be amended
to read as follows:

Sec.
2929.12.
(A)
Unless otherwise required by section 2929.13 or 2929.14 of the
Revised Code, a court that imposes a sentence under this chapter upon
an offender for a felony has discretion to determine the most
effective way to comply with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code. In
exercising that discretion, the court shall consider the factors set
forth in divisions (B) and (C) of this section relating to the
seriousness of the conduct, the factors provided in divisions (D) and
(E) of this section relating to the likelihood of the offender's
recidivism, the factors set forth in division (F) of this section
pertaining to the offender's service in the armed forces of the
United States, and the factors set forth in division (G) of this
section relating to Alford pleas and, in addition, may consider any
other factors that are relevant to achieving those purposes and
principles of sentencing.

(B)
The sentencing court shall consider all of the following that apply
regarding the offender, the offense, or the victim, and any other
relevant factors, as indicating that the offender's conduct is more
serious than conduct normally constituting the offense:

(1)
The physical or mental injury suffered by the victim of the offense
due to the conduct of the offender was exacerbated because of the
physical or mental condition or age of the victim.

(2)
The victim of the offense suffered serious physical, psychological,
or economic harm, including serious physical harm the victim caused
to the victim's self, as a result of the offense.

(3)
The victim died by suicide as a result of the offense.

(4)
The offender held a public office or position of trust in the
community, and the offense related to that office or position.

(5)
The offender's occupation, elected office, or profession obliged the
offender to prevent the offense or bring others committing it to
justice.

(6)
The offender's professional reputation or occupation, elected office,
or profession was used to facilitate the offense or is likely to
influence the future conduct of others.

(7)
The offender's relationship with the victim facilitated the offense.

(8)
The offender committed the offense for hire or as a part of an
organized criminal activity.

(9)
In committing the offense, the offender was motivated by prejudice
based on race, ethnic background, gender, sexual orientation, or
religion.

(10)
If the offense is a violation of section 2919.25 or a violation of
section 2903.11, 2903.12, or 2903.13 of the Revised Code involving a
person who was a family or household member at the time of the
violation, the offender committed the offense in the vicinity of one
or more children who are not victims of the offense, and the offender
or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children.

(C)
The sentencing court shall consider all of the following that apply
regarding the offender, the offense, or the victim, and any other
relevant factors, as indicating that the offender's conduct is less
serious than conduct normally constituting the offense:

(1)
The victim induced or facilitated the offense.

(2)
In committing the offense, the offender acted under strong
provocation.

(3)
In committing the offense, the offender did not cause or expect to
cause physical harm to any person or property.

(4)
There are substantial grounds to mitigate the offender's conduct,
although the grounds are not enough to constitute a defense.

(D)
The sentencing court shall consider all of the following that apply
regarding the offender, and any other relevant factors, as factors
indicating that the offender is likely to commit future crimes:

(1)
At the time of committing the offense, the offender was under release
from confinement before trial or sentencing; was under a sanction
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code; was under post-release control pursuant to section
2967.28 or any other provision of the Revised Code for an earlier
offense or had been unfavorably terminated from post-release control
for a prior offense pursuant to division (B) of section 2967.16 or
section 2929.141 of the Revised Code; was under transitional control
in connection with a prior offense; or had absconded from the
offender's approved community placement resulting in the offender's
removal from the transitional control program under section 2967.26
of the Revised Code.

(2)
The offender previously was adjudicated a delinquent child pursuant
to Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code, or the offender has a
history of criminal convictions.

(3)
The offender has not been rehabilitated to a satisfactory degree
after previously being adjudicated a delinquent child pursuant to
Chapter 2151. of the Revised Code prior to January 1, 2002, or
pursuant to Chapter 2152. of the Revised Code, or the offender has
not responded favorably to sanctions previously imposed for criminal
convictions.

(4)
The offender has demonstrated a pattern of drug or alcohol abuse that
is related to the offense, and the offender refuses to acknowledge
that the offender has demonstrated that pattern, or the offender
refuses treatment for the drug or alcohol abuse.

(5)
The offender shows no genuine remorse for the offense.

(E)
The sentencing court shall consider all of the following that apply
regarding the offender, and any other relevant factors, as factors
indicating that the offender is not likely to commit future crimes:

(1)
Prior to committing the offense, the offender had not been
adjudicated a delinquent child.

(2)
Prior to committing the offense, the offender had not been convicted
of or pleaded guilty to a criminal offense.

(3)
Prior to committing the offense, the offender had led a law-abiding
life for a significant number of years.

(4)
The offense was committed under circumstances not likely to recur.

(5)
Except as provided in division (G) of this section, the offender
shows genuine remorse for the offense.

(F)
The sentencing court shall consider the offender's military service
record and whether the offender has an emotional, mental, or physical
condition that is traceable to the offender's service in the armed
forces of the United States and that was a contributing factor in the
offender's commission of the offense or offenses.

(G)
If the offender enters an Alford plea, the sentencing court shall not
consider whether the offender showed genuine remorse for the offense

and shall not impose as any condition of the sentence a requirement
that the offender admit guilt
.

Sec.
2929.15.
(A)(1)
If in sentencing an offender for a felony the court is not required
to impose a prison term, a mandatory prison term, or a term of life
imprisonment upon the offender, the court may directly impose a
sentence that consists of one or more community control sanctions
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code. If the court is sentencing an offender for a fourth
degree felony OVI offense under division (G)(1) of section 2929.13 of
the Revised Code, in addition to the mandatory term of local
incarceration imposed under that division and the mandatory fine
required by division (B)(3) of section 2929.18 of the Revised Code,
the court may impose upon the offender a community control sanction
or combination of community control sanctions in accordance with
sections 2929.16 and 2929.17 of the Revised Code. If the court is
sentencing an offender for a third or fourth degree felony OVI
offense under division (G)(2) of section 2929.13 of the Revised Code,
in addition to the mandatory prison term or mandatory prison term and
additional prison term imposed under that division, the court also
may impose upon the offender a community control sanction or
combination of community control sanctions under section 2929.16 or
2929.17 of the Revised Code, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.

The
duration of all community control sanctions imposed on an offender
under this division shall not exceed five years. If the offender
absconds or otherwise leaves the jurisdiction of the court in which
the offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the
court, or if the offender is confined in any institution for the
commission of any offense while under a community control sanction,
the period of the community control sanction ceases to run until the
offender is brought before the court for its further action. If the
court sentences the offender to one or more nonresidential sanctions
under section 2929.17 of the Revised Code, the court shall impose as
a condition of the nonresidential sanctions that, during the period
of the sanctions, the offender must abide by the law and must not
leave the state without the permission of the court or the offender's
probation officer. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit to
random drug testing as provided in division (D) of this section to
determine whether the offender ingested or was injected with a drug
of abuse and requiring that the results of the drug test indicate
that the offender did not ingest or was not injected with a drug of
abuse.

(2)(a)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of the Revised Code, the court
shall place the offender under the general control and supervision of
a department of probation in the county that serves the court for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer. Alternatively, if the offender
resides in another county and a county department of probation has
been established in that county or that county is served by a
multicounty probation department established under section 2301.27 of
the Revised Code, the court may request the court of common pleas of
that county to receive the offender into the general control and
supervision of that county or multicounty department of probation for
purposes of reporting to the court a violation of any condition of
the sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer, subject to the jurisdiction of
the trial judge over and with respect to the person of the offender,
and to the rules governing that department of probation.

If
there is no department of probation in the county that serves the
court, the court shall place the offender, regardless of the
offender's county of residence, under the general control and
supervision of the adult parole authority, unless the court has
entered into an agreement with the authority as described in division
(B) or (C) of section 2301.32 of the Revised Code, or under an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to counties for
purposes of reporting to the court a violation of any of the
sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the departure
of the offender from this state without the permission of the court
or the offender's probation officer.

(b)
If the court imposing sentence on an offender sentences the offender
to any community control sanction or combination of community control
sanctions authorized pursuant to section 2929.16, 2929.17, or 2929.18
of the Revised Code, and if the offender violates any condition of
the sanctions, violates any condition of release under a community
control sanction imposed by the court, violates any law, or departs
the state without the permission of the court or the offender's
probation officer, the public or private person or entity that
operates or administers the sanction or the program or activity that
comprises the sanction shall report the violation or departure
directly to the sentencing court, or shall report the violation or
departure to the county or multicounty department of probation with
general control and supervision over the offender under division
(A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with
general control and supervision over the offender under that
division, to the adult parole authority unless the court has entered
into an agreement with the authority as described in division (B) or
(C) of section 2301.32 of the Revised Code, or to an entity
authorized under division (B) of section 2301.27 of the Revised Code
to provide probation and supervisory services to the county. If the
public or private person or entity that operates or administers the
sanction or the program or activity that comprises the sanction
reports the violation or departure to the county or multicounty
department of probation, the adult parole authority, or any other
entity providing probation and supervisory services to the county,
the department's, authority's, or other entity's officers may treat
the offender as if the offender were on probation and in violation of
the probation, and shall report the violation of the condition of the
sanction, any condition of release under a community control sanction
imposed by the court, the violation of law, or the departure from the
state without the required permission to the sentencing court.

(3)
If an offender who is eligible for community control sanctions under
this section admits to having a drug addiction or the court has
reason to believe that the offender has a drug addiction, and if the
offense for which the offender is being sentenced was related to the
addiction, the court may require that the offender be assessed by a
properly credentialed professional within a specified period of time
and shall require the professional to file a written assessment of
the offender with the court. If a court imposes treatment and
recovery support services as a community control sanction, the court
shall direct the level and type of treatment and recovery support
services after consideration of the written assessment, if available
at the time of sentencing, and recommendations of the professional
and other treatment and recovery support services providers.

(4)
If an assessment completed pursuant to division (A)(3) of this
section indicates that the offender has an addiction to drugs or
alcohol, the court may include in any community control sanction
imposed for a violation of section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code a requirement that the offender
participate in alcohol and drug addiction services and recovery
supports certified under section 5119.36 of the Revised Code or
offered by a properly credentialed community addiction services
provider.

(B)(1)
Except as provided in division (B)(2) of this section, if the
conditions of a community control sanction imposed for a felony are
violated or if the offender violates a law or leaves the state
without the permission of the court or the offender's probation
officer, the sentencing court may impose on the violator one or more
of the following penalties:

(a)
A longer time under the same sanction if the total time under the
sanctions does not exceed the five-year limit specified in division
(A) of this section;

(b)
A more restrictive sanction under section 2929.16, 2929.17, or
2929.18 of the Revised Code, including but not limited to, a new term
in a community-based correctional facility, halfway house, or jail
pursuant to division (A)(6) of section 2929.16 of the Revised Code;

(c)
A prison term on the offender pursuant to section 2929.14 of the
Revised Code and division (B)(3) of this section, provided that a
prison term imposed under this division is subject to the following
limitations and rules, as applicable:

(i)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fifth degree, the prison term shall not exceed ninety days,
provided that if the remaining period of community control at the
time of the violation or the remaining period of the reserved prison
sentence at that time is less than ninety days, the prison term shall
not exceed the length of the remaining period of community control or
the remaining period of the reserved prison sentence. If the court
imposes a prison term as described in this division, division
(B)(2)(b) of this section applies.

(ii)
If the prison term is imposed for any technical violation of the
conditions of a community control sanction imposed for a felony of
the fourth degree that is not an offense of violence and is not a
sexually oriented offense, the prison term shall not exceed one
hundred eighty days, provided that if the remaining period of the
community control at the time of the violation or the remaining
period of the reserved prison sentence at that time is less than one
hundred eighty days, the prison term shall not exceed the length of
the remaining period of community control or the remaining period of
the reserved prison sentence. If the court imposes a prison term as
described in this division, division (B)(2)(b) of this section
applies.

(iii)
A court is not limited in the number of times it may sentence an
offender to a prison term under division (B)(1)(c) of this section
for a violation of the conditions of a community control sanction or
for a violation of a law or leaving the state without the permission
of the court or the offender's probation officer. If an offender who
is under a community control sanction violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, is sentenced to a
prison term for the violation or conduct, is released from the term
after serving it, and subsequently violates the conditions of the
sanction or violates a law or leaves the state without the permission
of the court or the offender's probation officer, the court may
impose a new prison term sanction on the offender under division
(B)(1)(c) of this section for the subsequent violation or conduct.

(2)(a)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision of section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (B)(1) of this
section based on the violation.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(c)(i) or (ii) of this section for a technical violation of the
conditions of a community control sanction, one of the following is
applicable with respect to the time that the offender spends in
prison under the term:

(i)
Subject to division (B)(2)(b)(ii) of this section, it shall be
credited against the offender's community control sanction that was
being served at the time of the violation, and the remaining time
under that community control sanction shall be reduced by the time
that the offender spends in prison under the prison term. By
determination of the court, the offender upon release from the prison
term either shall continue serving the remaining time under the
community control sanction, as reduced under this division, or shall
have the community control sanction terminated.

(ii)
If, at the time a prison term is imposed for a technical violation,
the offender was serving a residential community control sanction
imposed under section 2929.16 of the Revised Code, the time spent
serving the residential community control sanction shall be credited
against the offender's reserved prison sentence, and the remaining
time under that residential community control sanction and under the
reserved prison sentence shall be reduced by the time that the
offender spends in prison under the prison term. By determination of
the court, the offender upon release from the prison term either
shall continue serving the remaining time under the residential
community control sanction, as reduced under this division, or shall
have the residential community control sanction terminated.

(3)
The prison term, if any, imposed on a violator pursuant to this
division and division (B)(1) of this section shall be within the
range of prison terms described in this division and shall not exceed
a prison term from the range of terms specified in the notice
provided to the offender at the sentencing hearing pursuant to
division (B)(4) of section 2929.19 of the Revised Code. The court may
reduce the longer period of time that the offender is required to
spend under the longer sanction, the more restrictive sanction, or a
prison term imposed pursuant to division (B)(1) of this section by
the time the offender successfully spent under the sanction that was
initially imposed. Except as otherwise specified in this division,
the prison term imposed under this division and division (B)(1) of
this section shall be within the range of prison terms available as a
definite term for the offense for which the sanction that was
violated was imposed. If the offense for which the sanction that was
violated was imposed is a felony of the first or second degree
committed on or after March 22, 2019, the prison term so imposed
under this division shall be within the range of prison terms
available as a minimum term for the offense under division (A)(1)(a)
or (2)(a) of section 2929.14 of the Revised Code.

(C)
If an offender, for a significant period of time, fulfills the
conditions of a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code in an exemplary manner, the
court may reduce the period of time under the sanction or impose a
less restrictive sanction, but the court shall not permit the
offender to violate any law or permit the offender to leave the state
without the permission of the court or the offender's probation
officer.

(D)(1)
If a court under division (A)(1) of this section imposes a condition
of release under a community control sanction that requires the
offender to submit to random drug testing, the department of
probation, the adult parole authority, or any other entity that has
general control and supervision of the offender under division
(A)(2)(a) of this section may cause the offender to submit to random
drug testing performed by a laboratory or entity that has entered
into a contract with any of the governmental entities or officers
authorized to enter into a contract with that laboratory or entity
under section 341.26, 753.33, or 5120.63 of the Revised Code.

(2)
If no laboratory or entity described in division (D)(1) of this
section has entered into a contract as specified in that division,
the department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section shall cause the offender to submit
to random drug testing performed by a reputable public laboratory to
determine whether the individual who is the subject of the drug test
ingested or was injected with a drug of abuse.

(3)
A laboratory or entity that has entered into a contract pursuant to
section 341.26, 753.33, or 5120.63 of the Revised Code shall perform
the random drug tests under division (D)(1) of this section in
accordance with the applicable standards that are included in the
terms of that contract. A public laboratory shall perform the random
drug tests under division (D)(2) of this section in accordance with
the standards set forth in the policies and procedures established by
the department of rehabilitation and correction pursuant to section
5120.63 of the Revised Code. An offender who is required under
division (A)(1) of this section to submit to random drug testing as a
condition of release under a community control sanction and whose
test results indicate that the offender ingested or was injected with
a drug of abuse shall pay the fee for the drug test if the department
of probation, the adult parole authority, or any other entity that
has general control and supervision of the offender requires payment
of a fee. A laboratory or entity that performs the random drug
testing on an offender under division (D)(1) or (2) of this section
shall transmit the results of the drug test to the appropriate
department of probation, the adult parole authority, or any other
entity that has general control and supervision of the offender under
division (A)(2)(a) of this section.

(E)
As used in this section, "technical violation" means a
violation of the conditions of a community control sanction imposed
for a felony of the fifth degree, or for a felony of the fourth
degree that is not an offense of violence and is not a sexually
oriented offense, and to which neither of the following applies:

(1)
The violation consists of a new criminal offense that is a felony or
that is a misdemeanor other than a minor misdemeanor, and the
violation is committed while under the community control sanction.

(2)
The violation consists of or includes the offender's articulated or
demonstrated refusal to participate in the community control sanction
imposed on the offender or any of its conditions, and the refusal
demonstrates to the court that the offender has abandoned the objects
of the community control sanction or condition.

(F)
A court shall not, under division (A)(1) of this section, impose a
condition of release under a community control sanction that requires
an offender who has pleaded guilty by entering an Alford plea to
otherwise admit guilt for the offense.

Sec.
2929.25.
(A)(1)
Except as provided in sections 2929.22 and 2929.23 of the Revised
Code or when a jail term is required by law, in sentencing an
offender for a misdemeanor, other than a minor misdemeanor, the
sentencing court may do either of the following:

(a)
Directly impose a sentence that consists of one or more community
control sanctions authorized by section 2929.26, 2929.27, or 2929.28
of the Revised Code. The court may impose any other conditions of
release under a community control sanction that the court considers
appropriate. If the court imposes a jail term upon the offender, the
court may impose any community control sanction or combination of
community control sanctions in addition to the jail term.

(b)
Impose a jail term under section 2929.24 of the Revised Code from the
range of jail terms authorized under that section for the offense,
suspend all or a portion of the jail term imposed, and place the
offender under a community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code.

(2)
The duration of all community control sanctions imposed upon an
offender and in effect for an offender at any time shall not exceed
five years.

(3)
At sentencing, if a court directly imposes a community control
sanction or combination of community control sanctions pursuant to
division (A)(1)(a) or (B) of this section, the court shall state the
duration of the community control sanctions imposed and shall notify
the offender that if any of the conditions of the community control
sanctions are violated the court may do any of the following:

(a)
Impose a longer time under the same community control sanction if the
total time under all of the offender's community control sanctions
does not exceed the five-year limit specified in division (A)(2) of
this section;

(b)
Impose a more restrictive community control sanction under section
2929.26, 2929.27, or 2929.28 of the Revised Code, but the court is
not required to impose any particular sanction or sanctions;

(c)
Impose a definite jail term from the range of jail terms authorized
for the offense under section 2929.24 of the Revised Code.

(B)
If a court sentences an offender to any community control sanction or
combination of community control sanctions pursuant to division
(A)(1)(a) of this section, the sentencing court retains jurisdiction
over the offender and the period of community control for the
duration of the period of community control. Upon the motion of
either party or on the court's own motion, the court, in the court's
sole discretion and as the circumstances warrant, may modify the
community control sanctions or conditions of release previously
imposed, substitute a community control sanction or condition of
release for another community control sanction or condition of
release previously imposed, or impose an additional community control
sanction or condition of release.

(C)(1)
If a court sentences an offender to any community control sanction or
combination of community control sanctions authorized under section
2929.26, 2929.27, or 2929.28 of the Revised Code, the court shall
place the offender under the general control and supervision of the
court or of a department of probation in the jurisdiction that serves
the court for purposes of reporting to the court a violation of any
of the conditions of the sanctions imposed. If the offender resides
in another jurisdiction and a department of probation has been
established to serve the municipal court or county court in that
jurisdiction, the sentencing court may request the municipal court or
the county court to receive the offender into the general control and
supervision of that department of probation for purposes of reporting
to the sentencing court a violation of any of the conditions of the
sanctions imposed. The sentencing court retains jurisdiction over any
offender whom it sentences for the duration of the sanction or
sanctions imposed.

(2)
The sentencing court shall require as a condition of any community
control sanction that the offender abide by the law and 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. The offender's
compliance with the additional requirements also shall be a condition
of the community control sanction imposed upon the offender.

(D)(1)
If the court imposing sentence upon an offender sentences the
offender to any community control sanction or combination of
community control sanctions authorized under section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if the offender violates
any of the conditions of the sanctions, the public or private person
or entity that supervises or administers the program or activity that
comprises the sanction shall report the violation directly to the
sentencing court or to the department of probation or probation
officer with general control and supervision over the offender. If
the public or private person or entity reports the violation to the
department of probation or probation officer, the department or
officer shall report the violation to the sentencing court.

(2)
Except as provided in division (D)(3) of this section, if an offender
violates any condition of a community control sanction, the
sentencing court may impose upon the violator one or more of the
following penalties:

(a)
A longer time under the same community control sanction if the total
time under all of the community control sanctions imposed on the
violator does not exceed the five-year limit specified in division
(A)(2) of this section;

(b)
A more restrictive community control sanction;

(c)
A combination of community control sanctions, including a jail term.

(3)
If an offender was acting pursuant to division (B)(2)(b) of section
2925.11 or a related provision under section 2925.12, 2925.14, or
2925.141 of the Revised Code and in so doing violated the conditions
of a community control sanction based on a minor drug possession
offense, as defined in section 2925.11 of the Revised Code, or
violated section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code, the sentencing court shall not
impose any of the penalties described in division (D)(2) of this
section based on the violation.

(4)
If the court imposes a jail term upon a violator pursuant to division
(D)(2) of this section, the total time spent in jail for the
misdemeanor offense and the violation of a condition of the community
control sanction shall not exceed the maximum jail term available for
the offense for which the sanction that was violated was imposed. The
court may reduce the longer period of time that the violator is
required to spend under the longer sanction or the more restrictive
sanction imposed under division (D)(2) of this section by all or part
of the time the violator successfully spent under the sanction that
was initially imposed.

(E)
Except as otherwise provided in this division, if an offender, for a
significant period of time, fulfills the conditions of a community
control sanction imposed pursuant to section 2929.26, 2929.27, or
2929.28 of the Revised Code in an exemplary manner, the court may
reduce the period of time under the community control sanction or
impose a less restrictive community control sanction. Fulfilling the
conditions of a community control sanction does not relieve the
offender of a duty to make restitution under section 2929.28 of the
Revised Code.

(F)
A court shall not, under division (A)(1) of this section, impose a
condition of release under a community control sanction that requires
an offender who has pleaded guilty by entering an Alford plea to
otherwise admit guilt for the offense.

Section
2.
That
existing sections 2929.12, 2929.15, and 2929.25 of the Revised Code
are hereby repealed.

Section
3.
This
act shall be known as the Alford Plea Fairness Act.

Section
4.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2929.12 of the Revised Code as amended by both H.B. 234 and H.B. 531
of the 135th General Assembly.

Section
2929.15 of the Revised Code as amended by H.B. 110, H.B. 281, and
S.B. 288 all of the 134th General Assembly.