Ohio § 2951.041

§ 2951.041.

(A)(1) If an offender is charged with a criminal offense, including but not limited to a

violation of section 2913.02 , 2913.03 , 2913.11 , 2913.21 , 2913.31 , or 2919.21 of the Revised Code , and the court has reason to believe that drug or alcohol usage by the offender was

a factor leading to the criminal offense with which the offender is charged or that,

at the time of committing that offense, the offender had a mental illness, was a person

with an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability,

or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the offender's criminal behavior, the court may accept, prior

to the entry of a guilty plea, the offender's request for intervention in lieu of

conviction.  The request shall include a statement from the offender as to whether the offender

is alleging that drug or alcohol usage by the offender was a factor leading to the

criminal offense with which the offender is charged or is alleging that, at the time

of committing that offense, the offender had a mental illness, was a person with an

intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability,

or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to the criminal offense with which the offender is charged.  The request also shall include a waiver of the defendant's right to a speedy trial,

the preliminary hearing, the time period within which the grand jury may consider

an indictment against the offender, and arraignment, unless the hearing, indictment,

or arraignment has already occurred.  Unless an offender alleges that drug or alcohol usage by the offender was a factor

leading to the criminal offense with which the offender is charged, the court may

reject an offender's request without a hearing.  If the court elects to consider an offender's request or the offender alleges that

drug or alcohol usage by the offender was a factor leading to the criminal offense

with which the offender is charged, the court shall conduct a hearing to determine

whether the offender is eligible under this section for intervention in lieu of conviction

and shall stay all criminal proceedings pending the outcome of the hearing.  If the court schedules a hearing, the court shall order an assessment of the offender

for the purpose of determining the offender's program eligibility for intervention

in lieu of conviction and recommending an appropriate intervention plan. If the offender alleges that drug or alcohol usage by the offender was a factor leading

to the criminal offense with which the offender is charged, the court may order that

the offender be assessed by a community addiction services provider or a properly

credentialed professional for the purpose of determining the offender's program eligibility

for intervention in lieu of conviction and recommending an appropriate intervention

plan.  The community addiction services provider or the properly credentialed professional

shall provide a written assessment of the offender to the court. (2) The victim notification provisions of division (E) of section 2930.06 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section. (B) An offender is eligible for intervention in lieu of conviction if the court finds

all of the following: (1) The offender previously has not been convicted of or pleaded guilty to any felony

offense of violence. (2) The offense is not a felony of the first, second, or third degree, is not an offense

of violence, is not a felony sex offense, is not a violation of division (A)(1) or

(2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code , is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not

an offense for which a sentencing court is required to impose a mandatory prison term. (3) The offender is not charged with a violation of section 2925.02 , 2925.04 , or 2925.06 of the Revised Code , is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree, and is not charged

with a violation of section 2925.11 of the Revised Code that is a felony of the first or second degree. (4) If an offender alleges that drug or alcohol usage by the offender was a factor leading

to the criminal offense with which the offender is charged, the court has ordered

that the offender be assessed by a community addiction services provider or a properly

credentialed professional for the purpose of determining the offender's program eligibility

for intervention in lieu of conviction and recommending an appropriate intervention

plan, the offender has been assessed by a community addiction services provider of

that nature or a properly credentialed professional in accordance with the court's

order, and the community addiction services provider or properly credentialed professional

has filed the written assessment of the offender with the court. (5) If an offender alleges that, at the time of committing the criminal offense with

which the offender is charged, the offender had a mental illness, was a person with

an intellectual disability, or was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code and that the mental illness, status as a person with an intellectual disability,

or fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code was a factor leading to that offense, the offender has been assessed by a psychiatrist,

psychologist, independent social worker, licensed professional clinical counselor,

or independent marriage and family therapist for the purpose of determining the offender's

program eligibility for intervention in lieu of conviction and recommending an appropriate

intervention plan. (6) The offender's drug usage, alcohol usage, mental illness, or intellectual disability,

or the fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code , whichever is applicable, was a factor leading to the criminal offense with which

the offender is charged, intervention in lieu of conviction would not demean the seriousness

of the offense, and intervention would substantially reduce the likelihood of any

future criminal activity. (7) The alleged victim of the offense was not sixty-five years of age or older, permanently

and totally disabled, under thirteen years of age, or a peace officer engaged in the

officer's official duties at the time of the alleged offense. (8) If the offender is charged with a violation of section 2925.24 of the Revised Code , the alleged violation did not result in physical harm to any person. (9) The offender is willing to comply with all terms and conditions imposed by the court

pursuant to division (D) of this section. (10) The offender is not charged with an offense that would result in the offender being

disqualified under Chapter 4506. of the Revised Code from operating a commercial motor

vehicle or would subject the offender to any other sanction under that chapter. (C) At the conclusion of a hearing held pursuant to division (A) of this section, the

court shall determine whether the offender will be granted intervention in lieu of

conviction.  In making this determination, the court shall presume that intervention in lieu

of conviction is appropriate.  If the court finds under this division and division (B) of this section that the

offender is eligible for intervention in lieu of conviction, the court shall grant

the offender's request unless the court finds specific reasons to believe that the

candidate's participation in intervention in lieu of conviction would be inappropriate. If the court denies an eligible offender's request for intervention in lieu of conviction,

the court shall state the reasons for the denial, with particularity, in a written

entry. If the court grants the offender's request, the court shall accept the offender's

plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary

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

the offender, and arraignment, unless the hearing, indictment, or arraignment has

already occurred.  In addition, the court then may stay all criminal proceedings and order the offender

to comply with all terms and conditions imposed by the court pursuant to division

(D) of this section.  If the court finds that the offender is not eligible or does not grant the offender's

request, the criminal proceedings against the offender shall proceed as if the offender's

request for intervention in lieu of conviction had not been made. (D) If the court grants an offender's request for intervention in lieu of conviction,

all of the following apply: (1) The court shall place the offender under the general control and supervision of one

of the following, as if the offender was subject to a community control sanction imposed

under section 2929.15 , 2929.18 , or 2929.25 of the Revised Code : (a) The county probation department, the adult parole authority, or another appropriate

local probation or court services agency, if one exists; (b) If the court grants the request for intervention in lieu of conviction during the

period commencing on April 4, 2023, and ending on October 15, 2025, a community-based

correctional facility. (2) The court shall establish an intervention plan for the offender. (3) The terms and conditions of the intervention plan required under division (D)(2)

of this section shall require the offender, for at least one year, but not more than

five years, from the date on which the court grants the order of intervention in lieu

of conviction, to abstain from the use of illegal drugs and alcohol, to participate

in treatment and recovery support services, and to submit to regular random testing

for drug and alcohol use and may include any other treatment terms and conditions,

or terms and conditions similar to community control sanctions, which may include

community service or restitution, that are ordered by the court. (E) If the court grants an offender's request for intervention in lieu of conviction

and the court finds that the offender has successfully completed the intervention

plan for the offender, including the requirement that the offender abstain from using

illegal drugs and alcohol for a period of at least one year, but not more than five

years, from the date on which the court granted the order of intervention in lieu

of conviction, the requirement that the offender participate in treatment and recovery

support services, and all other terms and conditions ordered by the court, the court

shall dismiss the proceedings against the offender.  Successful completion of the intervention plan and period of abstinence under this

section shall be without adjudication of guilt and is not a criminal conviction for

purposes of any disqualification or disability imposed by law and upon conviction

of a crime, and the court may order the sealing or expungement of records related

to the offense in question, as a dismissal of the charges, in the manner provided

in sections 2953.31 , 2953.33 , 2953.37 , and 2953.521 of the Revised Code and divisions (H) , (K) , and (L) of section 2953.34 of the Revised Code . (F) If the court grants an offender's request for intervention in lieu of conviction

and the offender fails to comply with any term or condition imposed as part of the

intervention plan for the offender, the supervising authority for the offender promptly

shall advise the court of this failure, and the court shall hold a hearing to determine

whether the offender failed to comply with any term or condition imposed as part of

the plan.  If the court determines that the offender has failed to comply with any of those

terms and conditions, it may continue the offender on intervention in lieu of conviction,

continue the offender on intervention in lieu of conviction with additional terms,

conditions, and sanctions, including placing the offender under the general control

and supervision of a community-based correctional facility, or enter a finding of

guilty and impose an appropriate sanction under Chapter 2929. of the Revised Code.  If the court sentences the offender to a prison term, the court, after consulting

with the department of rehabilitation and correction regarding the availability of

services, may order continued court-supervised activity and treatment of the offender

during the prison term and, upon consideration of reports received from the department

concerning the offender's progress in the program of activity and treatment, may consider

judicial release under section 2929.20 of the Revised Code . (G) As used in this section: (1) “Community addiction services provider” has the same meaning as in section 5119.01 of the Revised Code . (2) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (3) “ Intervention in lieu of conviction ” means any court-supervised activity that complies with this section. (4) “Intellectual disability” has the same meaning as in section 5123.01 of the Revised Code . (5) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code . (6) “Mental illness” and “psychiatrist” have the same meanings as in section 5122.01 of the Revised Code . (7) “Psychologist” has the same meaning as in section 4732.01 of the Revised Code . (8) “ Felony sex offense ” means a violation of a section contained in Chapter 2907. of the Revised Code that

is a felony.