Ohio § 2935.36

§ 2935.36.

(A) The prosecuting attorney may establish pre-trial diversion programs for adults who

are accused of committing criminal offenses and whom the prosecuting attorney believes

probably will not offend again.  The prosecuting attorney may require, as a condition of an accused's participation

in the program, the accused to pay a reasonable fee for supervision services that

include, but are not limited to, monitoring and drug testing.  The programs shall be operated pursuant to written standards approved by journal

entry by the presiding judge or, in courts with only one judge, the judge of the court

of common pleas and shall not be applicable to any of the following: (1) Repeat offenders or dangerous offenders; (2) Persons accused of an offense of violence, of a violation of section 2903.06 , 2907.04 , 2907.05 , 2907.21 , 2907.22 , 2907.31 , 2907.32 , 2907.34 , 2911.31 , 2919.12 , 2919.13 , 2919.22 , 2921.02 , 2921.11 , 2921.12 , 2921.32 , or 2923.20 of the Revised Code , or of a violation of section 2905.01 , 2905.02 , or 2919.23 of the Revised Code that, had it occurred prior to July 1, 1996, would have been a violation of section 2905.04 of the Revised Code as it existed prior to that date, with the exception that the prosecuting attorney

may permit persons accused of any such offense to enter a pre-trial diversion program,

if the prosecuting attorney finds any of the following: (a) The accused did not cause, threaten, or intend serious physical harm to any person; (b) The offense was the result of circumstances not likely to recur; (c) The accused has no history of prior delinquency or criminal activity; (d) The accused has led a law-abiding life for a substantial time before commission of

the alleged offense; (e) Substantial grounds tending to excuse or justify the alleged offense. (3) Persons accused of a violation of Chapter 2925. or 3719. of the Revised Code, with

the exception that the prosecuting attorney may permit persons accused of any of the

following to enter a pre-trial diversion program: (a) A misdemeanor, fifth degree felony, or fourth degree felony violation of section 2925.11 of the Revised Code ; (b) A misdemeanor violation of section 2925.12 , 2925.13, or division (C)(1) of section 2925.14 of the Revised Code . (4) Persons accused of a violation of section 4511.19 of the Revised Code or a violation of any substantially similar municipal ordinance; (5)(a) Persons who are accused of an offense while operating a commercial motor vehicle

or persons who hold a commercial driver's license and are accused of any offense,

if conviction of the offense would disqualify the person from operating a commercial

motor vehicle under Chapter 4506. of the Revised Code or would subject the person

to any other sanction under that chapter; (b) As used in division (A)(5) of this section, “commercial driver's license” and “commercial

motor vehicle” have the same meanings as in section 4506.01 of the Revised Code . (B) An accused who enters a diversion program shall do all of the following: (1) Waive, in writing and contingent upon the accused's successful completion of the

program, the accused's right to a speedy trial, the preliminary hearing, the time

period within which the grand jury may consider an indictment against the accused,

and arraignment, unless the hearing, indictment, or arraignment has already occurred; (2) Agree, in writing, to the tolling while in the program of all periods of limitation

established by statutes or rules of court, that are applicable to the offense with

which the accused is charged and to the conditions of the diversion program established

by the prosecuting attorney; (3) Agree, in writing, to pay any reasonable fee for supervision services established

by the prosecuting attorney. (C) The trial court, upon the application of the prosecuting attorney, shall order the

release from confinement of any accused who has agreed to enter a pre-trial diversion

program and shall discharge and release any existing bail and release any sureties

on recognizances and shall release the accused on a recognizance bond conditioned

upon the accused's compliance with the terms of the diversion program.  The prosecuting attorney shall notify every victim of the crime and the arresting

officers of the prosecuting attorney's intent to permit the accused to enter a pre-trial

diversion program.  The victim of the crime and the arresting officers shall have the opportunity to

file written objections with the prosecuting attorney prior to the commencement of

the pre-trial diversion program. (D) If the accused satisfactorily completes the diversion program, the prosecuting attorney

shall recommend to the trial court that the charges against the accused be dismissed,

and the court, upon the recommendation of the prosecuting attorney, shall dismiss

the charges.  If the accused chooses not to enter the prosecuting attorney's diversion program,

or if the accused violates the conditions of the agreement pursuant to which the accused

has been released, the accused may be brought to trial upon the charges in the manner

provided by law, and the waiver executed pursuant to division (B)(1) of this section

shall be void on the date the accused is removed from the program for the violation. (E) As used in this section: (1) “ Repeat offender ” means a person who has a history of persistent criminal activity and whose character

and condition reveal a substantial risk that the person will commit another offense.  It is prima-facie evidence that a person is a repeat offender if any of the following

applies: (a) Having been convicted of one or more offenses of violence and having been imprisoned

pursuant to sentence for any such offense, the person commits a subsequent offense

of violence; (b) Having been convicted of one or more sexually oriented offenses or child-victim oriented

offenses, both as defined in section 2950.01 of the Revised Code , and having been imprisoned pursuant to sentence for one or more of those offenses,

the person commits a subsequent sexually oriented offense or child-victim oriented

offense; (c) Having been convicted of one or more theft offenses as defined in section 2913.01 of the Revised Code and having been imprisoned pursuant to sentence for one or more of those theft offenses,

the person commits a subsequent theft offense; (d) Having been convicted of one or more felony drug abuse offenses as defined in section 2925.01 of the Revised Code and having been imprisoned pursuant to sentence for one or more of those felony drug

abuse offenses, the person commits a subsequent felony drug abuse offense; (e) Having been convicted of two or more felonies and having been imprisoned pursuant

to sentence for one or more felonies, the person commits a subsequent offense; (f) Having been convicted of three or more offenses of any type or degree other than

traffic offenses, alcoholic intoxication offenses, or minor misdemeanors and having

been imprisoned pursuant to sentence for any such offense, the person commits a subsequent

offense. (2) “ Dangerous offender ” means a person who has committed an offense, whose history, character, and condition

reveal a substantial risk that the person will be a danger to others, and whose conduct

has been characterized by a pattern of repetitive, compulsive, or aggressive behavior

with heedless indifference to the consequences.