Ohio § 2929.16

§ 2929.16.

(A) Except as provided in this division, the court imposing a sentence for a felony upon

an offender who is not required to serve a mandatory prison term may impose any community

residential sanction or combination of community residential sanctions under this

section.  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 community residential sanction or combination of

community residential 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.  Community residential sanctions include, but are not limited to, the following: (1) Except as otherwise provided in division (A)(6) of this section, a term of up to

six months at a community-based correctional facility that serves the county; (2) Except as otherwise provided in division (A)(3) or (6) of this section and subject

to division (D) of this section, a term of up to six months in a jail; (3) If the offender is convicted of a fourth degree felony OVI offense and is sentenced

under division (G)(1) of section 2929.13 of the Revised Code , subject to division (D) of this section, a term of up to one year in a jail less

the mandatory term of local incarceration of sixty or one hundred twenty consecutive

days of imprisonment imposed pursuant to that division; (4) A term in a halfway house; (5) A term in an alternative residential facility; (6) If the offender is sentenced to a community control sanction and violates the conditions

of the sanction, a new term of up to six months in a community-based correctional

facility that serves the county, in a halfway house, or in a jail, which term shall

be in addition to any other term imposed under this division. (B) The court that assigns any offender convicted of a felony to a residential sanction

under this section may authorize the offender to be released so that the offender

may seek or maintain employment, receive education or training, or receive treatment.  A release pursuant to this division shall be only for the duration of time that

is needed to fulfill the purpose of the release and for travel that reasonably is

necessary to fulfill the purposes of the release. (C) If the court assigns an offender to a county jail that is not a minimum security

misdemeanant jail in a county 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 sheriff of that county

may consider the offender for participation in the county jail industry program.  During the offender's term in the county jail, the court shall retain jurisdiction

to modify its specification upon a reassessment of the offender's qualifications for

participation in the program. (D) If a court sentences an offender to a term in jail under division (A)(2), (3), or

(6) of this section and if the sentence is imposed for a felony of the fourth or fifth

degree that is not an offense of violence, the court may specify that it prefers that

the offender serve the term in a minimum security jail established under section 341.34 or 753.21 of the Revised Code .  If the court includes a specification of that type in the sentence and if the administrator

of the appropriate minimum security jail or the designee of that administrator classifies

the offender in accordance with section 341.34 or 753.21 of the Revised Code as a minimal security risk, the offender shall serve the term in the minimum security

jail established under section 341.34 or 753.21 of the Revised Code .  Absent a specification of that type and a finding of that type, the offender shall

serve the term in a jail other than a minimum security jail established under section 341.34 or 753.21 of the Revised Code . (E) If a person who has been convicted of or pleaded guilty to a felony is sentenced

to a community residential sanction as described in division (A) of this section,

at the time of reception and at other times the person in charge of the operation

of the community-based correctional facility, jail, halfway house, alternative residential

facility, or other place at which the offender will serve the residential sanction

determines to be appropriate, the person in charge of the operation of the community-based

correctional facility, jail, halfway house, alternative residential facility, or other

place may cause the convicted offender to be examined and tested for tuberculosis,

HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and

other contagious diseases.  The person in charge of the operation of the community-based correctional facility,

jail, halfway house, alternative residential facility, or other place at which the

offender will serve the residential sanction may cause a convicted offender in the

community-based correctional facility, jail, halfway house, alternative residential

facility, or other place who refuses to be tested or treated for tuberculosis, HIV

infection, hepatitis, including but not limited to hepatitis A, B, and C, or another

contagious disease to be tested and treated involuntarily.