2006 Ohio Revised Code - 2929.24. Definite jail terms for misdemeanor; eligibility for county jail industry program; reimbursement sanction; costs of confinement.

§ 2929.24. Definite jail terms for misdemeanor; eligibility for county jail industry program; reimbursement sanction; costs of confinement.
 

(A)  Except as provided in section 2929.22 or 2929.23 of the Revised Code and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following: 

(1) For a misdemeanor of the first degree, not more than one hundred eighty days; 

(2) For a misdemeanor of the second degree, not more than ninety days; 

(3) For a misdemeanor of the third degree, not more than sixty days; 

(4) For a misdemeanor of the fourth degree, not more than thirty days. 

(B)  A court that sentences an offender to a jail term under this section may permit the offender to serve the sentence in intermittent confinement or may authorize a limited release of the offender as provided in division (B) of section 2929.26 of the Revised Code. 

(C)  If a court sentences an offender to a jail term under this section and the court assigns the offender to a county jail that has established a county jail industry program pursuant to section 5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the offender may be considered for participation in the program. During the offender's term in the county jail, the court retains jurisdiction to modify its specification regarding the offender's participation in the county jail industry program. 

(D)  If a person is sentenced to a jail term pursuant to this section, the court may impose as part of the sentence pursuant to section 2929.28 of the Revised Code a reimbursement sanction, and, if the local detention facility in which the term is to be served 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: 

(1) The court shall specify both of the following as part of the sentence: 

(a) If the person is presented with an itemized bill pursuant to section 2929.37 of the Revised Code for payment of the costs of confinement, the person is required to pay the bill in accordance with that section. 

(b) If the person does not dispute the bill described in division (D)(1)(a) 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 person as described in that section. 

(2) The sentence automatically includes any certificate of judgment issued as described in division (D)(1)(b) of this section. 

(E)  If an offender who is convicted of or pleads guilty to a violation of division (B) of section 4511.19 of the Revised Code also is convicted of or also pleads guilty to a specification of the type described in section 2941.1416 [2941.14.16] of the Revised Code and if the court imposes a jail term on the offender for the underlying offense, the court shall impose upon the offender an additional definite jail term of not more than six months. The additional jail term shall not be reduced pursuant to any provision of the Revised Code. The offender shall serve the additional jail term consecutively to and prior to the jail term imposed for the underlying offense and consecutively to any other mandatory term imposed in relation to the offense. 
 

HISTORY: 149 v H 490, § 1, eff. 1-1-04; 150 v H 163, § 1, eff. 9-23-04.

 

Effect of Amendments

150 v H 163, effective September 23, 2004, added (E). 

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