Ohio § 2929.28

§ 2929.28.

(A) 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 misdemeanor, including a minor

misdemeanor, may sentence the offender to any financial sanction or combination of

financial sanctions authorized under this section and, if the offender is being sentenced

for a criminal offense as defined in section 2930.01 of the Revised Code , shall sentence the offender to make restitution pursuant to this section and section 2929.281 of the Revised Code .  If the court, in its discretion or as required by this section, imposes one or more

financial sanctions, the financial sanctions that may be imposed pursuant to this

section include, but are not limited to, the following: (1) Unless the misdemeanor offense could be disposed of by the traffic violations bureau

serving the court under Traffic Rule 13 , restitution by the offender to the victim of the offender's crime or the victim's

estate, in an amount based on the victim's economic loss.  The court may not impose restitution as a sanction pursuant to this division if

the offense could be disposed of by the traffic violations bureau serving the court

under Traffic Rule 13 .  If the court requires restitution, the court shall order that the restitution be

made to the victim in open court or to the adult probation department that serves

the jurisdiction or the clerk of the court on behalf of the victim. The court shall determine the amount of restitution to be paid 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.  If the court decides to or is required to impose restitution, the court shall hold

an evidentiary hearing on restitution if the offender, victim, victim's representative,

victim's attorney, if applicable, or victim's estate disputes the amount of restitution.  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.  No person may introduce evidence of an award of restitution under this section in

a civil action for purposes of imposing liability against an insurer under section 3937.18 of the Revised Code . 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 attorney, if applicable, or the attorney for the victim's estate

may 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 . (2) A fine of the type described in divisions (A)(2)(a) and (b) of this section payable

to the appropriate entity as required by law: (a) A fine in the following amount: (i) For a misdemeanor of the first degree, not more than one thousand dollars; (ii) For a misdemeanor of the second degree, not more than seven hundred fifty dollars; (iii) For a misdemeanor of the third degree, not more than five hundred dollars; (iv) For a misdemeanor of the fourth degree, not more than two hundred fifty dollars; (v) For a minor misdemeanor, not more than one hundred fifty dollars. (b) A state fine or cost as defined in section 2949.111 of the Revised Code . (3)(a) Reimbursement by the offender of any or all of the costs of sanctions incurred by

the government, including, but not limited to, 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 and the costs of global positioning system device monitoring; (ii) All or part of the costs of confinement in a jail or other residential facility,

including, but not limited to, a per diem fee for room and board, the costs of medical

and dental treatment, and the costs of repairing property damaged by the offender

while confined; (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) The amount of reimbursement ordered under division (A)(3)(a) of this section shall

not exceed the total amount of reimbursement the offender is able to pay and shall

not exceed the actual cost of the sanctions.  The court may collect any amount of reimbursement the offender is required to pay

under that division.  If the court does not order reimbursement under that division, confinement costs

may be assessed pursuant to a repayment policy adopted under 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. (B) If the court determines a hearing is necessary, the court may hold a hearing to determine

whether the offender is able to pay the financial sanction imposed pursuant to this

section or court costs or is likely in the future to be able to pay the sanction or

costs. If the court determines that the offender is indigent and unable to pay the financial

sanction or court costs, the court shall consider imposing and may impose a term of

community service under division (A) of section 2929.27 of the Revised Code in lieu of imposing a financial sanction or court costs.  If the court does not determine that the offender is indigent, the court may impose

a term of community service under division (A) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and

in addition to imposing court costs.  The court may order community service for a minor misdemeanor pursuant to division (D) of section 2929.27 of the Revised Code in lieu of or in addition to imposing a financial sanction under this section and

in addition to imposing court costs.  If a person fails to pay a financial sanction or court costs, the court may order

community service in lieu of the financial sanction or court costs. (C)(1) The offender shall pay reimbursements imposed upon the offender pursuant to division

(A)(3) of this section to pay the costs incurred by a county pursuant to any sanction

imposed under this section or section 2929.26 or 2929.27 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.26 of the Revised Code to the county treasurer.  The county treasurer shall deposit the reimbursements in the county's general fund.  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 2929.26 or 2929.27 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.26 of the Revised Code . (2) The offender shall pay reimbursements imposed upon the offender pursuant to division

(A)(3) of this section to pay the costs incurred by a municipal corporation pursuant

to any sanction imposed under this section or section 2929.26 or 2929.27 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.26 of the Revised Code to the treasurer of the municipal corporation.  The treasurer shall deposit the reimbursements in the municipal corporation's general

fund.  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 2929.26 or 2929.27 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed

under section 2929.26 of the Revised Code . (3) The offender shall pay reimbursements imposed pursuant to division (A)(3) of this

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

under this section or section 2929.26 or 2929.27 of the Revised Code to the provider. (D)(1) In addition to any other fine that is or may be imposed under this section, the court

imposing sentence upon an offender for misdemeanor domestic violence or menacing by

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

which shall, except as provided in divisions (D)(2) and (3) of this section, 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 . (2) A court that imposes a fine under division (D)(1) of this section may retain up to

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

costs. (3) A court that imposes a fine under division (D)(1) 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. (E) Except as otherwise provided in this division, a financial sanction imposed under

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

subdivision that operates the court that imposed the financial sanction, and the offender

subject to the financial sanction is the judgment debtor.  A financial sanction of reimbursement imposed pursuant to division (A)(3)(a)(i)

of this section upon an offender is a judgment in favor of the entity administering

the community control sanction, and the offender subject to the financial sanction

is the judgment debtor.  A financial sanction of reimbursement imposed pursuant to division (A)(3)(a)(ii)

of this section upon an offender confined in a jail or other residential facility

is a judgment in favor of the entity operating the jail or other residential facility,

and the offender subject to the financial sanction is the judgment debtor.  A financial sanction of restitution imposed pursuant to division (A)(1) 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 (E)(1) of

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

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

shall be considered for purposes of the collection as the judgment debtor. 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 charge,

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

any of the procedures identified in divisions (D)(1) and (2) of section 2929.18 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 . (F) The civil remedies authorized under division (E) of this section for the collection

of the financial sanction supplement, but do not preclude, enforcement of the criminal

sentence. (G) Each court imposing a financial sanction upon an offender under this section may

designate the clerk of the court or another person to collect the financial sanction.  The clerk, or another person authorized by law or the court to collect the financial

sanction may do the following: (1) Enter into contracts with one or more public agencies or private vendors for the

collection of amounts due under the sanction.  Before entering into a contract for the collection of amounts due from an offender

pursuant to any financial sanction imposed pursuant to this section, a court shall

comply with sections 307.86 to 307.92 of the Revised Code . (2) Permit payment of all or any portion of the sanction in installments, by financial

transaction device if the court is a county court or a municipal court operated by

a county, by credit or debit card or by another electronic transfer if the court is

a municipal court not operated by a county, or by any other reasonable method, in

any time, and on any terms that court considers just.  If the court is a county court or a municipal court operated by a county, the acceptance

of payments by any financial transaction device shall be governed by the policy adopted

by the board of county commissioners of the county pursuant to section 301.28 of the Revised Code .  If the court is a municipal court not operated by a county, the clerk may pay any

fee associated with processing an electronic transfer out of public money or may charge

the fee to the offender. (3) To defray administrative costs, charge a reasonable fee to an offender who elects

a payment plan rather than a lump sum payment of any financial sanction. (H) No financial sanction imposed under this section 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

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

costs from those assets.