Except as provided in this section, the court imposing a sentence for a felony upon an offender who is not required to serve a mandatory prison term may impose any nonresidential sanction or combination of nonresidential sanctions authorized under this section. If the court imposes one or more nonresidential sanctions authorized under this section, the court shall impose as a condition of the sanction that, during the period of the nonresidential sanction, the offender shall abide by the law and shall not leave the state without the permission of the court or the offender’s probation officer.

criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Ohio Code 2929.17

  • Arrest: Taking physical custody of a person by lawful authority.
  • Basic probation supervision: includes basic parole supervision and basic post-release control supervision. See Ohio Code 2929.01
  • Continuous alcohol monitoring: means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored. See Ohio Code 2929.01
  • Curfew: means a requirement that an offender during a specified period of time be at a designated place. See Ohio Code 2929.01
  • Day reporting: means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center. See Ohio Code 2929.01
  • Drug and alcohol use monitoring: means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs. See Ohio Code 2929.01
  • Drug treatment program: means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment. See Ohio Code 2929.01
  • Education or training: includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent. See Ohio Code 2929.01
  • Electronic monitoring: means monitoring through the use of an electronic monitoring device. See Ohio Code 2929.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • House arrest: means a period of confinement of an offender that is in the offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section 2967. See Ohio Code 2929.01
  • Intensive probation supervision: includes intensive parole supervision and intensive post-release control supervision. See Ohio Code 2929.01
  • License violation report: means a report that is made by a sentencing court, or by the parole board pursuant to section 2967. See Ohio Code 2929.01
  • Mandatory prison term: means any of the following:

    (1) Subject to division (X)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (21) of section 2929. See Ohio Code 2929.01

  • Mandatory term of local incarceration: means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OVI offense pursuant to division (G)(1) of section 2929. See Ohio Code 2929.01
  • Monitored time: means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life. See Ohio Code 2929.01
  • Offender: means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor. See Ohio Code 2929.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Prison: means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction and includes a violation sanction center operated under authority of section 2967. See Ohio Code 2929.01
  • Prison term: includes either of the following sanctions for an offender:

    (a) A stated prison term;

    (b) A term in a prison shortened by, or with the approval of, the sentencing court pursuant to section 2929. See Ohio Code 2929.01

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Sanction: includes any sanction imposed pursuant to any provision of sections 2929. See Ohio Code 2929.01
  • Sentence: means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense. See Ohio Code 2929.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • Victim-offender mediation: means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense. See Ohio Code 2929.01

The court imposing a sentence for a fourth degree felony OVI offense under division (G)(1) or (2) of section 2929.13 of the Revised Code or for a third degree felony OVI offense under division (G)(2) of that section may impose upon the offender, in addition to the mandatory term of local incarceration or mandatory prison term imposed under the applicable division, a nonresidential sanction or combination of nonresidential sanctions under this section, and the offender shall serve or satisfy the sanction or combination of sanctions after the offender has served the mandatory term of local incarceration or mandatory prison term required for the offense. The court shall not impose a term in a drug treatment program as described in division (D) of this section until after considering an assessment by a properly credentialed treatment professional, if available. Nonresidential sanctions include, but are not limited to, the following:

(A) A term of day reporting;

(B) A term of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, a term of electronic monitoring or continuous alcohol monitoring without house arrest, or a term of house arrest without electronic monitoring or continuous alcohol monitoring;

(C) A term of community service of up to five hundred hours pursuant to division (B) of section 2951.02 of the Revised Code or, if the court determines that the offender is financially incapable of fulfilling a financial sanction described in section 2929.18 of the Revised Code, a term of community service as an alternative to a financial sanction;

(D) A term in a drug treatment program with a level of security for the offender as determined by the court;

(E) A term of intensive probation supervision;

(F) A term of basic probation supervision;

(G) A term of monitored time;

(H) A term of drug and alcohol use monitoring, including random drug testing;

(I) A curfew term;

(J) A requirement that the offender obtain employment;

(K) A requirement that the offender obtain education or training;

(L) Provided the court obtains the prior approval of the victim, a requirement that the offender participate in victim-offender mediation;

(M) A license violation report;

(N) 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, if the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and if 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, a requirement that the offender obtain counseling. This division does not limit the court in requiring the offender to obtain counseling for any offense or in any circumstance not specified in this division.

(O) If the offense is a violation of section 2907.04 of the Revised Code and the offender was under twenty-one years of age at the time of committing the offense, a requirement that the offender participate in a sex offender treatment program certified by the department of rehabilitation and correction pursuant to section 2950.16 of the Revised Code.

  Previous section
Next section  
 Chapter 2929 Contents