Ohio § 2929.22

§ 2929.22.

(A) Unless a mandatory jail term is required to be imposed by division (G) of section 1547.99 , division (B) of section 4510.14 , division (G) of section 4511.19 of the Revised Code , or any other provision of the Revised Code a court that imposes a sentence under

this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion

to determine the most effective way to achieve the purposes and principles of sentencing

set forth in section 2929.21 of the Revised Code . Unless a specific sanction is required to be imposed or is precluded from being imposed

by the section setting forth an offense or the penalty for an offense or by any provision

of sections 2929.23 to 2929.28 of the Revised Code , a court that imposes a sentence upon an offender for a misdemeanor may impose on

the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code .  The court shall not impose a sentence that imposes an unnecessary burden on local

government resources. (B)(1) In determining the appropriate sentence for a misdemeanor, the court shall consider

all of the following factors: (a) The nature and circumstances of the offense or offenses; (b) Whether the circumstances regarding the offender and the offense or offenses indicate

that the offender has a history of persistent criminal activity and that the offender's

character and condition reveal a substantial risk that the offender will commit another

offense; (c) Whether the circumstances regarding the offender and the offense or offenses indicate

that the offender's history, character, and condition reveal a substantial risk that

the offender will be a danger to others and that the offender's conduct has been characterized

by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference

to the consequences; (d) Whether the victim's youth, age, disability, or other factor made the victim particularly

vulnerable to the offense or made the impact of the offense more serious; (e) Whether the offender is likely to commit future crimes in general, in addition to

the circumstances described in divisions (B)(1)(b) and (c) of this section; (f) Whether the offender has an emotional, mental, or physical condition that is traceable

to the offender's service in the armed forces of the United States and that was a

contributing factor in the offender's commission of the offense or offenses; (g) The offender's military service record. (2) In determining the appropriate sentence for a misdemeanor, if the offender enters

an Alford plea, the sentencing court shall not consider whether the offender showed

genuine remorse for the offense. (3) In determining the appropriate sentence for a misdemeanor, in addition to complying

with division (B)(1) of this section, the court may consider any other factors that

are relevant to achieving the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code . (C) Before imposing a jail term as a sentence for a misdemeanor, a court shall consider

the appropriateness of imposing a community control sanction or a combination of community

control sanctions under sections 2929.25 , 2929.26 , 2929.27 , and 2929.28 of the Revised Code .  A court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose

conduct and response to prior sanctions for prior offenses demonstrate that the imposition

of the longest jail term is necessary to deter the offender from committing a future

criminal offense. (D)(1) A sentencing court shall consider any relevant oral and written statement made by

the victim, the victim's representative, the victim's attorney, if applicable, the

defendant, the defense attorney, and the prosecuting authority regarding sentencing

for a misdemeanor.  This division does not create any rights to notice other than those rights authorized

by Chapter 2930. of the Revised Code. (2) At the time of sentencing for a misdemeanor or as soon as possible after sentencing,

the court shall notify the victim of the offense of the victim's right to file an

application for an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code .