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 B I L L
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
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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
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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
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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;
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(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
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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
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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
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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.
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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.
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(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.
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