Ohio § 2929.15

§ 2929.15.

(A)(1) If in sentencing an offender for a felony the court is not required to impose a prison

term, a mandatory prison term, or a term of life imprisonment upon the offender, the

court may directly impose a sentence that consists of one or more community control

sanctions authorized pursuant to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code .  If the court is sentencing an offender for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code , in addition to the mandatory term of local incarceration imposed under that division

and the mandatory fine required by division (B)(3) of section 2929.18 of the Revised Code , the court may impose upon the offender a community control sanction or combination

of community control sanctions in accordance with sections 2929.16 and 2929.17 of the Revised Code .  If the court is sentencing an offender for a third or fourth degree felony OVI offense

under division (G)(2) of section 2929.13 of the Revised Code , in addition to the mandatory prison term or mandatory prison term and additional

prison term imposed under that division, the court also may impose upon the offender

a community control sanction or combination of community control sanctions under section 2929.16 or 2929.17 of the Revised Code , but the offender shall serve all of the prison terms so imposed prior to serving

the community control sanction. The duration of all community control sanctions imposed on an offender under this

division shall not exceed five years.  If the offender absconds or otherwise leaves the jurisdiction of the court in which

the offender resides without obtaining permission from the court or the offender's

probation officer to leave the jurisdiction of the court, or if the offender is confined

in any institution for the commission of any offense while under a community control

sanction, the period of the community control sanction ceases to run until the offender

is brought before the court for its further action.  If the court sentences the offender to one or more nonresidential sanctions under section 2929.17 of the Revised Code , the court shall impose as a condition of the nonresidential sanctions that, during

the period of the sanctions, the offender must abide by the law and must not leave

the state without the permission of the court or the offender's probation officer.  The court may impose any other conditions of release under a community control sanction

that the court considers appropriate, including, but not limited to, requiring that

the offender not ingest or be injected with a drug of abuse and submit to random drug

testing as provided in division (D) of this section to determine whether the offender

ingested or was injected with a drug of abuse and requiring that the results of the

drug test indicate that the offender did not ingest or was not injected with a drug

of abuse. (2)(a) If a court sentences an offender to any community control sanction or combination

of community control sanctions authorized pursuant to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code , the court shall place the offender under the general control and supervision of

a department of probation in the county that serves the court for purposes of reporting

to the court a violation of any condition of the sanctions, any condition of release

under a community control sanction imposed by the court, a violation of law, or the

departure of the offender from this state without the permission of the court or the

offender's probation officer.  Alternatively, if the offender resides in another county and a county department

of probation has been established in that county or that county is served by a multicounty

probation department established under section 2301.27 of the Revised Code , the court may request the court of common pleas of that county to receive the offender

into the general control and supervision of that county or multicounty department

of probation for purposes of reporting to the court a violation of any condition of

the sanctions, any condition of release under a community control sanction imposed

by the court, a violation of law, or the departure of the offender from this state

without the permission of the court or the offender's probation officer, subject to

the jurisdiction of the trial judge over and with respect to the person of the offender,

and to the rules governing that department of probation. If there is no department of probation in the county that serves the court, the court

shall place the offender, regardless of the offender's county of residence, under

the general control and supervision of the adult parole authority, unless the court

has entered into an agreement with the authority as described in division (B) or (C) of section 2301.32 of the Revised Code , or under an entity authorized under division (B) of section 2301.27 of the Revised Code to provide probation and supervisory services to counties for purposes of reporting

to the court a violation of any of the sanctions, any condition of release under a

community control sanction imposed by the court, a violation of law, or the departure

of the offender from this state without the permission of the court or the offender's

probation officer. (b) If the court imposing sentence on an offender sentences the offender to any community

control sanction or combination of community control sanctions authorized pursuant

to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code , and if the offender violates any condition of the sanctions, violates any condition

of release under a community control sanction imposed by the court, violates any law,

or departs the state without the permission of the court or the offender's probation

officer, the public or private person or entity that operates or administers the sanction

or the program or activity that comprises the sanction shall report the violation

or departure directly to the sentencing court, or shall report the violation or departure

to the county or multicounty department of probation with general control and supervision

over the offender under division (A)(2)(a) of this section or the officer of that

department who supervises the offender, or, if there is no such department with general

control and supervision over the offender under that division, to the adult parole

authority unless the court has entered into an agreement with the authority as described

in division (B) or (C) of section 2301.32 of the Revised Code , or to an entity authorized under division (B) of section 2301.27 of the Revised Code to provide probation and supervisory services to the county.  If the public or private person or entity that operates or administers the sanction

or the program or activity that comprises the sanction reports the violation or departure

to the county or multicounty department of probation, the adult parole authority,

or any other entity providing probation and supervisory services to the county, the

department's, authority's, or other entity's officers may treat the offender as if

the offender were on probation and in violation of the probation, and shall report

the violation of the condition of the sanction, any condition of release under a community

control sanction imposed by the court, the violation of law, or the departure from

the state without the required permission to the sentencing court. (3) If an offender who is eligible for community control sanctions under this section

admits to having a drug addiction or the court has reason to believe that the offender

has a drug addiction, and if the offense for which the offender is being sentenced

was related to the addiction, the court may require that the offender be assessed

by a properly credentialed professional within a specified period of time and shall

require the professional to file a written assessment of the offender with the court.  If a court imposes treatment and recovery support services as a community control

sanction, the court shall direct the level and type of treatment and recovery support

services after consideration of the written assessment, if available at the time of

sentencing, and recommendations of the professional and other treatment and recovery

support services providers. (4) If an assessment completed pursuant to division (A)(3) of this section indicates

that the offender has an addiction to drugs or alcohol, the court may include in any

community control sanction imposed for a violation of section 2925.02 , 2925.03 , 2925.04 , 2925.05 , 2925.06 , 2925.11 , 2925.13 , 2925.22 , 2925.23 , 2925.36 , or 2925.37 of the Revised Code a requirement that the offender participate in alcohol and drug addiction services

and recovery supports certified under section 5119.36 of the Revised Code or offered by a properly credentialed community addiction services provider. (B)(1) Except as provided in division (B)(2) of this section, if the conditions of a community

control sanction imposed for a felony are violated or if the offender violates a law

or leaves the state without the permission of the court or the offender's probation

officer, the sentencing court may impose on the violator one or more of the following

penalties: (a) A longer time under the same sanction if the total time under the sanctions does

not exceed the five-year limit specified in division (A) of this section; (b) A more restrictive sanction under section 2929.16 , 2929.17 , or 2929.18 of the Revised Code , including but not limited to, a new term in a community-based correctional facility,

halfway house, or jail pursuant to division (A)(6) of section 2929.16 of the Revised Code ; (c) A prison term on the offender pursuant to section 2929.14 of the Revised Code and division (B)(3) of this section, provided that a prison term imposed under this

division is subject to the following limitations and rules, as applicable: (i) If the prison term is imposed for any technical violation of the conditions of a

community control sanction imposed for a felony of the fifth degree, the prison term

shall not exceed ninety days, provided that if the remaining period of community control

at the time of the violation or the remaining period of the reserved prison sentence

at that time is less than ninety days, the prison term shall not exceed the length

of the remaining period of community control or the remaining period of the reserved

prison sentence.  If the court imposes a prison term as described in this division, division (B)(2)(b)

of this section applies. (ii) If the prison term is imposed for any technical violation of the conditions of a

community control sanction imposed for a felony of the fourth degree that is not an

offense of violence and is not a sexually oriented offense, the prison term shall

not exceed one hundred eighty days, provided that if the remaining period of the community

control at the time of the violation or the remaining period of the reserved prison

sentence at that time is less than one hundred eighty days, the prison term shall

not exceed the length of the remaining period of community control or the remaining

period of the reserved prison sentence.  If the court imposes a prison term as described in this division, division (B)(2)(b)

of this section applies. (iii) A court is not limited in the number of times it may sentence an offender to a prison

term under division (B)(1)(c) of this section for a violation of the conditions of

a community control sanction or for a violation of a law or leaving the state without

the permission of the court or the offender's probation officer.  If an offender who is under a community control sanction violates the conditions

of the sanction or violates a law or leaves the state without the permission of the

court or the offender's probation officer, is sentenced to a prison term for the violation

or conduct, is released from the term after serving it, and subsequently violates

the conditions of the sanction or violates a law or leaves the state without the permission

of the court or the offender's probation officer, the court may impose a new prison

term sanction on the offender under division (B)(1)(c) of this section for the subsequent

violation or conduct. (2)(a) If an offender was acting pursuant to division (B)(2)(b) of section 2925.11 or a related provision of section 2925.12 , 2925.14 , or 2925.141 of the Revised Code and in so doing violated the conditions of a community control sanction based on

a minor drug possession offense, as defined in section 2925.11 of the Revised Code , or violated section 2925.12, division (C)(1) of section 2925.14 , or section 2925.141 of the Revised Code , the sentencing court shall not impose any of the penalties described in division

(B)(1) of this section based on the violation. (b) If a court imposes a prison term on an offender under division (B)(1)(c)(i) or (ii)

of this section for a technical violation of the conditions of a community control

sanction, one of the following is applicable with respect to the time that the offender

spends in prison under the term: (i) Subject to division (B)(2)(b)(ii) of this section, it shall be credited against the

offender's community control sanction that was being served at the time of the violation,

and the remaining time under that community control sanction shall be reduced by the

time that the offender spends in prison under the prison term.  By determination of the court, the offender upon release from the prison term either

shall continue serving the remaining time under the community control sanction, as

reduced under this division, or shall have the community control sanction terminated. (ii) If, at the time a prison term is imposed for a technical violation, the offender

was serving a residential community control sanction imposed under section 2929.16 of the Revised Code , the time spent serving the residential community control sanction shall be credited

against the offender's reserved prison sentence, and the remaining time under that

residential community control sanction and under the reserved prison sentence shall

be reduced by the time that the offender spends in prison under the prison term.  By determination of the court, the offender upon release from the prison term either

shall continue serving the remaining time under the residential community control

sanction, as reduced under this division, or shall have the residential community

control sanction terminated. (3) The prison term, if any, imposed on a violator pursuant to this division and division

(B)(1) of this section shall be within the range of prison terms described in this

division and shall not exceed a prison term from the range of terms specified in the

notice provided to the offender at the sentencing hearing pursuant to division (B)(4) of section 2929.19 of the Revised Code .  The court may reduce the longer period of time that the offender is required to

spend under the longer sanction, the more restrictive sanction, or a prison term imposed

pursuant to division (B)(1) of this section by the time the offender successfully

spent under the sanction that was initially imposed.  Except as otherwise specified in this division, the prison term imposed under this

division and division (B)(1) of this section shall be within the range of prison terms

available as a definite term for the offense for which the sanction that was violated

was imposed.  If the offense for which the sanction that was violated was imposed is a felony

of the first or second degree committed on or after March 22, 2019, the prison term

so imposed under this division shall be within the range of prison terms available

as a minimum term for the offense under division (A)(1)(a) or (2)(a) of section 2929.14

of the Revised Code. (C) If an offender, for a significant period of time, fulfills the conditions of a sanction

imposed pursuant to section 2929.16 , 2929.17 , or 2929.18 of the Revised Code in an exemplary manner, the court may reduce the period of time under the sanction

or impose a less restrictive sanction, but the court shall not permit the offender

to violate any law or permit the offender to leave the state without the permission

of the court or the offender's probation officer. (D)(1) If a court under division (A)(1) of this section imposes a condition of release under

a community control sanction that requires the offender to submit to random drug testing,

the department of probation, the adult parole authority, or any other entity that

has general control and supervision of the offender under division (A)(2)(a) of this

section may cause the offender to submit to random drug testing performed by a laboratory

or entity that has entered into a contract with any of the governmental entities or

officers authorized to enter into a contract with that laboratory or entity under section 341.26 , 753.33 , or 5120.63 of the Revised Code . (2) If no laboratory or entity described in division (D)(1) of this section has entered

into a contract as specified in that division, the department of probation, the adult

parole authority, or any other entity that has general control and supervision of

the offender under division (A)(2)(a) of this section shall cause the offender to

submit to random drug testing performed by a reputable public laboratory to determine

whether the individual who is the subject of the drug test ingested or was injected

with a drug of abuse. (3) A laboratory or entity that has entered into a contract pursuant to section 341.26 , 753.33 , or 5120.63 of the Revised Code shall perform the random drug tests under division (D)(1) of this section in accordance

with the applicable standards that are included in the terms of that contract.  A public laboratory shall perform the random drug tests under division (D)(2) of

this section in accordance with the standards set forth in the policies and procedures

established by the department of rehabilitation and correction pursuant to section 5120.63 of the Revised Code .  An offender who is required under division (A)(1) of this section to submit to random

drug testing as a condition of release under a community control sanction and whose

test results indicate that the offender ingested or was injected with a drug of abuse

shall pay the fee for the drug test if the department of probation, the adult parole

authority, or any other entity that has general control and supervision of the offender

requires payment of a fee.  A laboratory or entity that performs the random drug testing on an offender under

division (D)(1) or (2) of this section shall transmit the results of the drug test

to the appropriate department of probation, the adult parole authority, or any other

entity that has general control and supervision of the offender under division (A)(2)(a)

of this section. (E) As used in this section, “ technical violation ” means a violation of the conditions of a community control sanction imposed for

a felony of the fifth degree, or for a felony of the fourth degree that is not an

offense of violence and is not a sexually oriented offense, and to which neither of

the following applies: (1) The violation consists of a new criminal offense that is a felony or that is a misdemeanor

other than a minor misdemeanor, and the violation is committed while under the community

control sanction. (2) The violation consists of or includes the offender's articulated or demonstrated

refusal to participate in the community control sanction imposed on the offender or

any of its conditions, and the refusal demonstrates to the court that the offender

has abandoned the objects of the community control sanction or condition.