Ohio § 2929.18

§ 2929.18.

(A) Except as otherwise provided in this division and in addition to imposing court costs

pursuant to section 2947.23 of the Revised Code , the court imposing a sentence upon an offender for a felony may sentence the offender

to any financial sanction or combination of financial sanctions authorized under this

section or, in the circumstances specified in section 2929.32 of the Revised Code , may impose upon the offender a fine in accordance with that section, and shall sentence

the offender to make restitution pursuant to this section and section 2929.281 of the Revised Code .  The victim has a right not to seek restitution.  Financial sanctions that either are required to be or may be imposed pursuant to

this section include, but are not limited to, the following: (1) Restitution by the offender to the victim of the offender's criminal offense or the

victim's estate, in an amount based on the victim's economic loss.  In open court, the court shall order that full restitution be made to the victim,

to the adult probation department that serves the county on behalf of the victim,

to the clerk of courts, or to another agency designated by the court.  At sentencing, the court shall determine the amount of restitution to be made by

the offender.  The victim, victim's representative, victim's attorney, if applicable, the prosecutor

or the prosecutor's designee, and the offender may provide information relevant to

the determination of the amount of restitution.  The amount the court orders as restitution shall not exceed the amount of the economic

loss suffered by the victim as a direct and proximate result of the commission of

the offense.  If the court imposes restitution for the cost of accounting or auditing done to

determine the extent of economic loss, the court may order restitution for any amount

of the victim's costs of accounting or auditing provided that the amount of restitution

is reasonable and does not exceed the value of property or services stolen or damaged

as a result of the offense.  The court shall hold a hearing on restitution if the offender, victim, victim's

representative, or victim's estate disputes the amount.  The court shall determine the amount of full restitution by a preponderance of the

evidence.  All restitution payments shall be credited against any recovery of economic loss

in a civil action brought by the victim or the victim's estate against the offender. The court may order that the offender pay a surcharge of not more than five per cent

of the amount of the restitution otherwise ordered to the entity responsible for collecting

and processing restitution payments. The victim, victim's estate, or victim's attorney, if applicable, may file a motion

or request that the prosecutor in the case file a motion, or the offender may file

a motion, for modification of the payment terms of any restitution ordered.  If the court grants the motion, it may modify the payment terms as it determines

appropriate but shall not reduce the amount of restitution ordered, except as provided

in division (A) of section 2929.281 of the Revised Code .  The court shall not discharge restitution until it is fully paid by the offender. (2) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable

by the offender to the state, to a political subdivision, or as described in division

(B)(2) of this section to one or more law enforcement agencies, with the amount of

the fine based on a standard percentage of the offender's daily income over a period

of time determined by the court and based upon the seriousness of the offense.  A fine ordered under this division shall not exceed the maximum conventional fine

amount authorized for the level of the offense under division (A)(3) of this section. (3) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable

by the offender to the state, to a political subdivision when appropriate for a felony,

or as described in division (B)(2) of this section to one or more law enforcement

agencies, in the following amount: (a) For a felony of the first degree, not more than twenty thousand dollars; (b) For a felony of the second degree, not more than fifteen thousand dollars; (c) For a felony of the third degree, not more than ten thousand dollars; (d) For a felony of the fourth degree, not more than five thousand dollars; (e) For a felony of the fifth degree, not more than two thousand five hundred dollars. (4) A state fine or costs as defined in section 2949.111 of the Revised Code . (5)(a) Reimbursement by the offender of any or all of the costs of sanctions incurred by

the government, including the following: (i) All or part of the costs of implementing any community control sanction, including

a supervision fee under section 2951.021 of the Revised Code ; (ii) All or part of the costs of confinement under a sanction imposed pursuant to section 2929.14 , 2929.142 , or 2929.16 of the Revised Code , provided that the amount of reimbursement ordered under this division shall not

exceed the total amount of reimbursement the offender is able to pay as determined

at a hearing and shall not exceed the actual cost of the confinement; (iii) All or part of the cost of purchasing and using an immobilizing or disabling device,

including a certified ignition interlock device, or a remote alcohol monitoring device

that a court orders an offender to use under section 4510.13 of the Revised Code . (b) If the offender is sentenced to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated by a board of county commissioners, a

legislative authority of a municipal corporation, or another local governmental entity,

if, pursuant to section 307.93 , 341.14 , 341.19 , 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 , the board, legislative authority, or other local governmental entity requires prisoners

to reimburse the county, municipal corporation, or other entity for its expenses incurred

by reason of the prisoner's confinement, and if the court does not impose a financial

sanction under division (A)(5)(a)(ii) of this section, confinement costs may be assessed

pursuant to section 2929.37 of the Revised Code .  In addition, the offender may be required to pay the fees specified in section 2929.38 of the Revised Code in accordance with that section. (c) Reimbursement by the offender for costs pursuant to section 2929.71 of the Revised Code ; (d) Reimbursement by the offender for costs pursuant to section 2917.321 of the Revised Code . (B)(1) For a first, second, or third degree felony violation of any provision of Chapter

2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon

the offender a mandatory fine of at least one-half of, but not more than, the maximum

statutory fine amount authorized for the level of the offense pursuant to division

(A)(3) of this section.  If an offender alleges in an affidavit filed with the court prior to sentencing

that the offender is indigent and unable to pay the mandatory fine and if the court

determines the offender is an indigent person and is unable to pay the mandatory fine

described in this division, the court shall not impose the mandatory fine upon the

offender. (2) Any mandatory fine imposed upon an offender under division (B)(1) of this section

and any fine imposed upon an offender under division (A)(2) or (3) of this section

for any fourth or fifth degree felony violation of any provision of Chapter 2925.,

3719., or 4729. of the Revised Code shall be paid to law enforcement agencies pursuant

to division (F) of section 2925.03 of the Revised Code . (3) For a fourth degree felony OVI offense and for a third degree felony OVI offense,

the sentencing court shall impose upon the offender a mandatory fine in the amount

specified in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever

is applicable.  The mandatory fine so imposed shall be disbursed as provided in the division pursuant

to which it is imposed. (4) Notwithstanding any fine otherwise authorized or required to be imposed under division

(A)(2) or (3) or (B)(1) of this section or section 2929.31 of the Revised Code for a violation of section 2925.03 of the Revised Code , in addition to any penalty or sanction imposed for that offense under section 2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in addition to the forfeiture of property in connection with the offense as prescribed

in Chapter 2981. of the Revised Code, the court that sentences an offender for a violation

of section 2925.03 of the Revised Code may impose upon the offender a fine in addition to any fine imposed under division

(A)(2) or (3) of this section and in addition to any mandatory fine imposed under

division (B)(1) of this section.  The fine imposed under division (B)(4) of this section shall be used as provided

in division (H) of section 2925.03 of the Revised Code .  A fine imposed under division (B)(4) of this section shall not exceed whichever

of the following is applicable: (a) The total value of any personal or real property in which the offender has an interest

and that was used in the course of, intended for use in the course of, derived from,

or realized through conduct in violation of section 2925.03 of the Revised Code , including any property that constitutes proceeds derived from that offense; (b) If the offender has no interest in any property of the type described in division

(B)(4)(a) of this section or if it is not possible to ascertain whether the offender

has an interest in any property of that type in which the offender may have an interest,

the amount of the mandatory fine for the offense imposed under division (B)(1) of

this section or, if no mandatory fine is imposed under division (B)(1) of this section,

the amount of the fine authorized for the level of the offense imposed under division

(A)(3) of this section. (5) Prior to imposing a fine under division (B)(4) of this section, the court shall determine

whether the offender has an interest in any property of the type described in division

(B)(4)(a) of this section.  Except as provided in division (B)(6) or (7) of this section, a fine that is authorized

and imposed under division (B)(4) of this section does not limit or affect the imposition

of the penalties and sanctions for a violation of section 2925.03 of the Revised Code prescribed under those sections or sections 2929.11 to 2929.18 of the Revised Code and does not limit or affect a forfeiture of property in connection with the offense

as prescribed in Chapter 2981. of the Revised Code. (6) If the sum total of a mandatory fine amount imposed for a first, second, or third

degree felony violation of section 2925.03 of the Revised Code under division (B)(1) of this section plus the amount of any fine imposed under division

(B)(4) of this section does not exceed the maximum statutory fine amount authorized

for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code , the court may impose a fine for the offense in addition to the mandatory fine and

the fine imposed under division (B)(4) of this section.  The sum total of the amounts of the mandatory fine, the fine imposed under division

(B)(4) of this section, and the additional fine imposed under division (B)(6) of this

section shall not exceed the maximum statutory fine amount authorized for the level

of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code .  The clerk of the court shall pay any fine that is imposed under division (B)(6)

of this section to the county, township, municipal corporation, park district as created

pursuant to section 511.18 or 1545.04 of the Revised Code , or state law enforcement agencies in this state that primarily were responsible

for or involved in making the arrest of, and in prosecuting, the offender pursuant

to division (F) of section 2925.03 of the Revised Code . (7) If the sum total of the amount of a mandatory fine imposed for a first, second, or

third degree felony violation of section 2925.03 of the Revised Code plus the amount of any fine imposed under division (B)(4) of this section exceeds

the maximum statutory fine amount authorized for the level of the offense under division

(A)(3) of this section or section 2929.31 of the Revised Code , the court shall not impose a fine under division (B)(6) of this section. (8)(a) If an offender who is convicted of or pleads guilty to a violation of section 2905.01,

2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323

involving a minor, or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of

the Revised Code also is convicted of or pleads guilty to a specification of the type

described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of

human trafficking, the sentencing court shall sentence the offender to a financial

sanction of restitution by the offender to the victim or the victim's estate, with

the restitution including the costs of housing, counseling, and medical and legal

assistance incurred by the victim as a direct result of the offense and the greater

of the following: (i) The gross income or value to the offender of the victim's labor or services; (ii) The value of the victim's labor as guaranteed under the minimum wage and overtime

provisions of the “Federal Fair Labor Standards Act of 1938,” 52 Stat. 1060, 20 U.S.C . 207, and state labor laws. (b) If a court imposing sentence upon an offender for a felony is required to impose

upon the offender a financial sanction of restitution under division (B)(8)(a) of

this section, in addition to that financial sanction of restitution, the court may

sentence the offender to any other financial sanction or combination of financial

sanctions authorized under this section, including a restitution sanction under division

(A)(1) of this section. (9) In addition to any other fine that is or may be imposed under this section, the court

imposing sentence upon an offender for a felony that is a sexually oriented offense

or a child-victim oriented offense, as those terms are defined in section 2950.01 of the Revised Code , may impose a fine of not less than fifty nor more than five hundred dollars. (10) For a felony violation of division (A) of section 2921.321 of the Revised Code that results in the death of the police dog or horse that is the subject of the violation,

the sentencing court shall impose upon the offender a mandatory fine from the range

of fines provided under division (A)(3) of this section for a felony of the third

degree.  A mandatory fine imposed upon an offender under division (B)(10) of this section

shall be paid to the law enforcement agency that was served by the police dog or horse

that was killed in the felony violation of division (A) of section 2921.321 of the Revised Code to be used as provided in division (E)(1)(b) of that section. (11) In addition to any other fine that is or may be imposed under this section, the court

imposing sentence upon an offender for any of the following offenses that is a felony

may impose a fine of not less than seventy nor more than five hundred dollars, which,

except as provided in division (B)(12) of this section, shall be transmitted to the

treasurer of state to be credited to the address confidentiality program fund created

by section 111.48 of the Revised Code : (a) Domestic violence; (b) Menacing by stalking; (c) Rape; (d) Sexual battery; (e) Trafficking in persons; (f) A violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division (A)(1)

or (2) of section 2907.323 involving a minor, or division (B)(1), (2), (3), (4), or

(5) of section 2919.22 of the Revised Code, if the offender also is convicted of a

specification of the type described in section 2941.1422 of the Revised Code that charges that the offender knowingly committed the offense in furtherance of

human trafficking. (12)(a) A court that imposes a fine under division (B)(11) of this section may retain up

to twenty-five per cent of amounts collected in satisfaction of the fine to cover

administrative costs. (b) A court that imposes a fine under division (B)(11) of this section may assign up

to twenty-five per cent of amounts collected in satisfaction of the fine to reimburse

the prosecuting attorney for costs associated with prosecution of the offense. (C)(1) Except as provided in section 2951.021 of the Revised Code , the offender shall pay reimbursements imposed upon the offender pursuant to division

(A)(5)(a) of this section to pay the costs incurred by a county pursuant to any sanction

imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.16 of the Revised Code to the county treasurer.  The county treasurer shall deposit the reimbursements in the sanction cost reimbursement

fund that each board of county commissioners shall create in its county treasury.  The county shall use the amounts deposited in the fund to pay the costs incurred

by the county pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.16 of the Revised Code . (2) Except as provided in section 2951.021 of the Revised Code , the offender shall pay reimbursements imposed upon the offender pursuant to division

(A)(5)(a) of this section to pay the costs incurred by a municipal corporation pursuant

to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.16 of the Revised Code to the treasurer of the municipal corporation.  The treasurer shall deposit the reimbursements in a special fund that shall be established

in the treasury of each municipal corporation.  The municipal corporation shall use the amounts deposited in the fund to pay the

costs incurred by the municipal corporation pursuant to any sanction imposed under

this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.16 of the Revised Code . (3) Except as provided in section 2951.021 of the Revised Code , the offender shall pay reimbursements imposed pursuant to division (A)(5)(a) of

this section for the costs incurred by a private provider pursuant to a sanction imposed

under this section or section 2929.16 or 2929.17 of the Revised Code to the provider. (D) Except as otherwise provided in this division, a financial sanction imposed pursuant

to division (A) or (B) of this section is a judgment in favor of the state or a political

subdivision in which the court that imposed the financial sanction is located, and

the offender subject to the financial sanction is the judgment debtor.  A financial sanction of reimbursement imposed pursuant to division (A)(5)(a)(ii)

of this section upon an offender who is incarcerated in a state facility or a municipal

jail is a judgment in favor of the state or the municipal corporation, and the offender

subject to the financial sanction is the judgment debtor.  A financial sanction of reimbursement imposed upon an offender pursuant to this

section for costs incurred by a private provider of sanctions is a judgment in favor

of the private provider, and the offender subject to the financial sanction is the

judgment debtor.  A financial sanction of a mandatory fine imposed under division (B)(10) of this

section that is required under that division to be paid to a law enforcement agency

is a judgment in favor of the specified law enforcement agency, and the offender subject

to the financial sanction is the judgment debtor.  A financial sanction of restitution imposed pursuant to division (A)(1) or (B)(8)

of this section is an order in favor of the victim of the offender's criminal act

that can be collected through a certificate of judgment as described in division (D)(1)

of this section, through execution as described in division (D)(2) of this section,

or through an order as described in division (D)(3) of this section, and the offender

shall be considered for purposes of the collection as the judgment debtor.  Imposition of a financial sanction and execution on the judgment does not preclude

any other power of the court to impose or enforce sanctions on the offender.  Once the financial sanction is imposed as a judgment or order under this division,

the victim, private provider, state, or political subdivision may do any of the following: (1) Obtain from the clerk of the court in which the judgment was entered, at no cost,

a certificate of judgment that shall be in the same manner and form as a certificate

of judgment issued in a civil action; (2) Obtain execution of the judgment or order through any available procedure, including: (a) An execution against the property of the judgment debtor under Chapter 2329. of the

Revised Code; (b) An execution against the person of the judgment debtor under Chapter 2331. of the

Revised Code; (c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including: (i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code ; (ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code ; (iii) A creditor's suit under section 2333.01 of the Revised Code . (d) The attachment of the property of the judgment debtor under Chapter 2715. of the

Revised Code; (e) The garnishment of the property of the judgment debtor under Chapter 2716. of the

Revised Code. (3) Obtain an order for the assignment of wages of the judgment debtor under section 1321.33 of the Revised Code . (E) A court that imposes a financial sanction upon an offender may hold a hearing if

necessary to determine whether the offender is able to pay the sanction or is likely

in the future to be able to pay it. (F) Each court imposing a financial sanction upon an offender under this section or under section 2929.32 of the Revised Code may designate the clerk of the court or another person to collect the financial sanction.  The clerk or other person authorized by law or the court to collect the financial

sanction may enter into contracts with one or more public agencies or private vendors

for the collection of, amounts due under the financial sanction imposed pursuant to

this section or section 2929.32 of the Revised Code .  Before entering into a contract for the collection of amounts due from an offender

pursuant to any financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code , a court shall comply with sections 307.86 to 307.92 of the Revised Code . (G) If a court that imposes a financial sanction under division (A) or (B) of this section

finds that an offender satisfactorily has completed all other sanctions imposed upon

the offender and that all restitution that has been ordered has been paid as ordered,

the court may suspend any financial sanctions imposed pursuant to this section or section 2929.32 of the Revised Code that have not been paid. (H) No financial sanction imposed under this section or section 2929.32 of the Revised Code shall preclude a victim from bringing a civil action against the offender. (I) If the court imposes restitution, fines, fees, or incarceration costs on a business

or corporation, it is the duty of the person authorized to make disbursements from

the assets of the business or corporation to pay the restitution, fines, fees, or

incarceration costs from those assets. (J) If an offender is sentenced to pay restitution, a fine, fee, or incarceration costs,

the clerk of the sentencing court, on request, shall make the offender's payment history

available to the prosecutor, victim, victim's representative, victim's attorney, if

applicable, the probation department, and the court without cost.