Ohio § 2937.222

§ 2937.222.

(A) On the motion of the prosecuting attorney or on the judge's own motion, the judge

shall hold a hearing to determine whether an accused person charged with aggravated

murder when it is not a capital offense, murder, a felony of the first or second degree,

a violation of section 2903.06 of the Revised Code , a violation of section 2903.211 of the Revised Code that is a felony, or a felony OVI offense shall be denied bail.  The judge shall order that the accused be detained until the conclusion of the hearing.  Except for good cause, a continuance on the motion of the state shall not exceed

three court days.  Except for good cause, a continuance on the motion of the accused shall not exceed

five court days unless the motion of the accused waives in writing the five-day limit

and states in writing a specific period for which the accused requests a continuance.  A continuance granted upon a motion of the accused that waives in writing the five-day

limit shall not exceed five court days after the period of continuance requested in

the motion. At the hearing, the accused has the right to be represented by counsel and, if the

accused is indigent, to have counsel appointed.  The judge shall afford the accused an opportunity to testify, to present witnesses

and other information, and to cross-examine witnesses who appear at the hearing.  The rules concerning admissibility of evidence in criminal trials do not apply to

the presentation and consideration of information at the hearing.  Regardless of whether the hearing is being held on the motion of the prosecuting

attorney or on the court's own motion, the state has the burden of proving that the

proof is evident or the presumption great that the accused committed the offense with

which the accused is charged, of proving that the accused poses a substantial risk

of serious physical harm to any person or to the community, and of proving that no

release conditions will reasonably assure the safety of that person and the community. The judge may reopen the hearing at any time before trial if the judge finds that

information exists that was not known to the movant at the time of the hearing and

that that information has a material bearing on whether bail should be denied.  If a municipal court or county court enters an order denying bail, a judge of the

court of common pleas having jurisdiction over the case may continue that order or

may hold a hearing pursuant to this section to determine whether to continue that

order. (B) No accused person shall be denied bail pursuant to this section unless the judge

finds by clear and convincing evidence that the proof is evident or the presumption

great that the accused committed the offense described in division (A) of this section

with which the accused is charged, finds by clear and convincing evidence that the

accused poses a substantial risk of serious physical harm to any person or to the

community, and finds by clear and convincing evidence that no release conditions will

reasonably assure the safety of that person and the community. (C) The judge, in determining whether the accused person described in division (A) of

this section poses a substantial risk of serious physical harm to any person or to

the community and whether there are conditions of release that will reasonably assure

the safety of that person and the community, shall consider all available information

regarding all of the following: (1) The nature and circumstances of the offense charged, including whether the offense

is an offense of violence or involves alcohol or a drug of abuse; (2) The weight of the evidence against the accused; (3) The history and characteristics of the accused, including, but not limited to, both

of the following: (a) The character, physical and mental condition, family ties, employment, financial

resources, length of residence in the community, community ties, past conduct, history

relating to drug or alcohol abuse, and criminal history of the accused; (b) Whether, at the time of the current alleged offense or at the time of the arrest

of the accused, the accused was on probation, parole, post-release control, or other

release pending trial, sentencing, appeal, or completion of sentence for the commission

of an offense under the laws of this state, another state, or the United States or

under a municipal ordinance. (4) The nature and seriousness of the danger to any person or the community that would

be posed by the person's release. (D)(1) An order of the court of common pleas denying bail pursuant to this section is a

final appealable order.  In an appeal pursuant to division (D) of this section, the court of appeals shall

do all of the following: (a) Give the appeal priority on its calendar; (b) Liberally modify or dispense with formal requirements in the interest of a speedy

and just resolution of the appeal; (c) Decide the appeal expeditiously; (d) Promptly enter its judgment affirming or reversing the order denying bail. (2) The pendency of an appeal under this section does not deprive the court of common

pleas of jurisdiction to conduct further proceedings in the case or to further consider

the order denying bail in accordance with this section.  If, during the pendency of an appeal under division (D) of this section, the court

of common pleas sets aside or terminates the order denying bail, the court of appeals

shall dismiss the appeal. (E) As used in this section: (1) “Court day” has the same meaning as in section 5122.01 of the Revised Code . (2) “ Felony OVI offense ” means a third degree felony OVI offense and a fourth degree felony OVI offense. (3) “Fourth degree felony OVI offense” and “third degree felony OVI offense” have the

same meanings as in section 2929.01 of the Revised Code .