Ohio § 2947.23

§ 2947.23.

(A)(1)(a) In all criminal cases, including violations of ordinances, the judge or magistrate

shall include in the sentence the costs of prosecution, including any costs under section 2947.231 of the Revised Code , and render a judgment against the defendant for such costs.  If the judge or magistrate imposes a community control sanction or other nonresidential

sanction, the judge or magistrate, when imposing the sanction, shall notify the defendant

of both of the following: (i) If the defendant fails to pay that judgment or fails to timely make payments towards

that judgment under a payment schedule approved by the court, the court may order

the defendant to perform community service until the judgment is paid or until the

court is satisfied that the defendant is in compliance with the approved payment schedule. (ii) If the court orders the defendant to perform the community service, the defendant

will receive credit upon the judgment at the specified hourly credit rate per hour

of community service performed, and each hour of community service performed will

reduce the judgment by that amount. (b) The failure of a judge or magistrate to notify the defendant pursuant to division

(A)(1)(a) of this section does not negate or limit the authority of the court to order

the defendant to perform community service if the defendant fails to pay the judgment

described in that division or to timely make payments toward that judgment under an

approved payment plan. (2) The following shall apply in all criminal cases: (a) If a jury has been sworn at the trial of a case, the fees of the jurors shall be

included in the costs, which shall be paid to the public treasury from which the jurors

were paid. (b) If a jury has not been sworn at the trial of a case because of a defendant's failure

to appear without good cause or because the defendant entered a plea of guilty or

no contest less than twenty-four hours before the scheduled commencement of the trial,

the costs incurred in summoning jurors for that particular trial may be included in

the costs of prosecution.  If the costs incurred in summoning jurors are assessed against the defendant, those

costs shall be paid to the public treasury from which the jurors were paid. (B) If a judge or magistrate has reason to believe that a defendant has failed to pay

the judgment described in division (A) of this section or has failed to timely make

payments towards that judgment under a payment schedule approved by the judge or magistrate,

the judge or magistrate shall hold a hearing to determine whether to order the offender

to perform community service for that failure.  The judge or magistrate shall notify both the defendant and the prosecuting attorney

of the place, time, and date of the hearing and shall give each an opportunity to

present evidence.  If, after the hearing, the judge or magistrate determines that the defendant has

failed to pay the judgment or to timely make payments under the payment schedule and

that imposition of community service for the failure is appropriate, the judge or

magistrate may order the offender to perform community service until the judgment

is paid or until the judge or magistrate is satisfied that the offender is in compliance

with the approved payment schedule.  If the judge or magistrate orders the defendant to perform community service under

this division, the defendant shall receive credit upon the judgment at the specified

hourly credit rate per hour of community service performed, and each hour of community

service performed shall reduce the judgment by that amount.  Except for the credit and reduction provided in this division, ordering an offender

to perform community service under this division does not lessen the amount of the

judgment and does not preclude the state from taking any other action to execute the

judgment. (C) The court retains jurisdiction to waive, suspend, or modify the payment of the costs

of prosecution, including any costs under section 2947.231 of the Revised Code , at the time of sentencing or at any time thereafter. (D) As used in this section: (1) “ Case ” means a prosecution of all of the charges that result from the same act, transaction,

or series of acts or transactions and that are given the same case type designator

and case number under Rule 43 of the Rules of Superintendence for the Courts of Ohio

or any successor to that rule. (2) “ Specified hourly credit rate ” means an hourly credit rate set by the judge or magistrate, which shall not be less

than the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor Standards Act of 1938, that then is in effect, and that

an employer subject to that provision must pay per hour to each of the employer's

employees who is subject to that provision.