2006 Ohio Revised Code - 2929.17. Nonresidential sanctions.
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.
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. 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 necessary 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
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.
HISTORY: 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 146 v S 166 (Eff 10-17-96); 148 v S 9 (Eff 3-8-2000); 148 v S 107 (Eff 3-23-2000); 148 v S 22 (Eff 5-17-2000); 148 v H 349. Eff 9-22-2000; 149 v H 490, § 1, eff. 1-1-04; 149 v S 123, § 1, eff. 1-1-04; 150 v H 163, § 1, eff. 9-23-04.
The effective date is set by section 4 of HB 490.
See provisions of § 5 of S.B. 123 (149 v - ) following RC § 2929.01.
Not analogous to former RC § 2929.17, amended and renumbered RC § 2929.24 in 146 v S 2, eff 7-1-96.
The provisions of § 3 of HB 349 (148 v - ) read as follows:
Sections 2929.01 and
2929.17 of the Revised Code are presented in this act as composites of the sections as amended by both Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd General Assembly, with the new language of neither of the acts shown in capital letters.
Section 2951.02 of the Revised Code is presented in this act as a composite of the section as amended by H.B. 471, Am. S.B. 9, and Am. Sub. S.B. 107 of the 123rd General Assembly, with the new language of none of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of
section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.
Effect of Amendments
150 v H 163, effective September 23, 2004, in the first paragraph, added the exception to the beginning; and rewrote the second paragraph and (B).
S.B. 123, Acts 2002, effective January 1, 2004, substituted "OVI" for "OMVI" in the second paragraph.
H.B. 490, Acts 2002, effective January 1, 2004, substituted "house arrest with electronic monitoring" with "electronically monitored house arrest" in (B); substituted "section (B) for section (F) in (C); deleted "pursuant to
section 2951.05 of the Revised Code" in (H);
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