Ohio Code 2929.27 – Nonresidential sanctions – misdemeanor
(A) Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any nonresidential sanction or combination of nonresidential sanctions authorized under this division. Nonresidential sanctions include, but are not limited to, the following:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
| Minor misdemeanor | up to $150 |
Terms Used In Ohio Code 2929.27
- 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
- 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
- Jail: means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state. See Ohio Code 2929.01
- Jail term: means the term in a jail that a sentencing court imposes or is authorized to impose pursuant to 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
- 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
- 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
(1) A term of day reporting;
(2) 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;
(3) A term of community service of up to five hundred hours for a misdemeanor of the first degree or two hundred hours for a misdemeanor of the second, third, or fourth degree;
(4) A term in a drug treatment program with a level of security for the offender as determined necessary by the court;
(5) A term of intensive probation supervision;
(6) A term of basic probation supervision;
(7) A term of monitored time;
(8) A term of drug and alcohol use monitoring, including random drug testing;
(9) A curfew term;
(10) A requirement that the offender obtain employment;
(11) A requirement that the offender obtain education or training;
(12) Provided the court obtains the prior approval of the victim, a requirement that the offender participate in victim-offender mediation;
(13) If authorized by law, suspension of the offender’s privilege to operate a motor vehicle, immobilization or forfeiture of the offender’s motor vehicle, a requirement that the offender obtain a valid motor vehicle operator’s license, or any other related sanction;
(14) A requirement that the offender obtain counseling if the offense is a violation of section 2919.25 or a violation of section 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. This division does not limit the court in requiring that the offender obtain counseling for any offense or in any circumstance not specified in this division.
(B) If the court imposes a term of community service pursuant to division (A)(3) of this section, the offender may request that the court modify the sentence to authorize the offender to make a reasonable contribution, as determined by the court, to the general fund of the county, municipality, or other local entity that provides funding to the court. The court may grant the request if the offender demonstrates a change in circumstances from the date the court imposes the sentence or that the modification would otherwise be in the interests of justice. If the court grants the request, the offender shall make a reasonable contribution to the court, and the clerk of the court shall deposit that contribution into the general fund of the county, municipality, or other local entity that provides funding to the court. If more than one entity provides funding to the court, the clerk shall deposit a percentage of the reasonable contribution equal to the percentage of funding the entity provides to the court in that entity’s general fund.
(C) In addition to the sanctions authorized under division (A) of this section, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, upon an offender who is not required to serve a mandatory jail term may impose any other sanction that is intended to discourage the offender or other persons from committing a similar offense if the sanction is reasonably related to the overriding purposes and principles of misdemeanor sentencing.
(D) The court imposing a sentence for a minor misdemeanor may impose a term of community service in lieu of all or part of a fine. The term of community service imposed for a minor misdemeanor shall not exceed thirty hours. After imposing a term of community service, the court may modify the sentence to authorize a reasonable contribution, as determined by the court, to the appropriate general fund as provided in division (B) of this section.