Bill Text: OH SB267 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize judicial release of misdemeanants who are serving jail sentences.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-05-25 - To Judiciary Criminal Justice [SB267 Detail]

Download: Ohio-2009-SB267-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 267

Senator Schiavoni 

Cosponsor: Senator Miller, D. 

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A BILL

To amend section 2929.24 of the Revised Code to

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authorize judicial release of misdemeanants who

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are serving jail sentences.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2929.24 of the Revised Code be	4
amended to read as follows:	5

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	6
2929.23 of the Revised Code or division (E) or (F) of this section	7
and unless another term is required or authorized pursuant to law,	8
if the sentencing court imposing a sentence upon an offender for a	9
misdemeanor elects or is required to impose a jail term on the	10
offender pursuant to this chapter, the court shall impose a	11
definite jail term that shall be one of the following:	12

(1) For a misdemeanor of the first degree, not more than one	13
hundred eighty days;	14

(2) For a misdemeanor of the second degree, not more than	15
ninety days;	16

(3) For a misdemeanor of the third degree, not more than	17
sixty days;	18

(4) For a misdemeanor of the fourth degree, not more than	19
thirty days.	20

(B) A court that sentences an offender to a jail term under	21
this section may permit the offender to serve the sentence in	22
intermittent confinement or may authorize a limited release of the	23
offender as provided in division (B) of section 2929.26 of the	24
Revised Code. The court retains jurisdiction over every offender	25
sentenced to jail to modify the jail sentence imposed at any time,	26
but the court shall not reduce any mandatory jail term.	27

(C) If a court sentences an offender to a jail term under	28
this section and the court assigns the offender to a county jail	29
that has established a county jail industry program pursuant to	30
section 5147.30 of the Revised Code, the court shall specify, as	31
part of the sentence, whether the offender may be considered for	32
participation in the program. During the offender's term in the	33
county jail, the court retains jurisdiction to modify its	34
specification regarding the offender's participation in the county	35
jail industry program.	36

(D) If a person is sentenced to a jail term pursuant to this	37
section, the court may impose as part of the sentence pursuant to	38
section 2929.28 of the Revised Code a reimbursement sanction, and,	39
if the local detention facility in which the term is to be served	40
is covered by a policy adopted pursuant to section 307.93, 341.14,	41
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	42
2947.19 of the Revised Code and section 2929.37 of the Revised	43
Code, both of the following apply:	44

(1) The court shall specify both of the following as part of	45
the sentence:	46

(a) If the person is presented with an itemized bill pursuant	47
to section 2929.37 of the Revised Code for payment of the costs of	48
confinement, the person is required to pay the bill in accordance	49
with that section.	50

(b) If the person does not dispute the bill described in	51
division (D)(1)(a) of this section and does not pay the bill by	52
the times specified in section 2929.37 of the Revised Code, the	53
clerk of the court may issue a certificate of judgment against the	54
person as described in that section.	55

(2) The sentence automatically includes any certificate of	56
judgment issued as described in division (D)(1)(b) of this	57
section.	58

(E) If an offender who is convicted of or pleads guilty to a	59
violation of division (B) of section 4511.19 of the Revised Code	60
also is convicted of or also pleads guilty to a specification of	61
the type described in section 2941.1416 of the Revised Code and if	62
the court imposes a jail term on the offender for the underlying	63
offense, the court shall impose upon the offender an additional	64
definite jail term of not more than six months. The additional	65
jail term shall not be reduced pursuant to any provision of the	66
Revised Code. The offender shall serve the additional jail term	67
consecutively to and prior to the jail term imposed for the	68
underlying offense and consecutively to any other mandatory term	69
imposed in relation to the offense.	70

(F)(1) If an offender is convicted of or pleads guilty to a	71
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or	72
2907.25 of the Revised Code and to a specification of the type	73
described in section 2941.1421 of the Revised Code and if the	74
court imposes a jail term on the offender for the misdemeanor	75
violation, the court may impose upon the offender an additional	76
definite jail term as follows:	77

(a) Subject to division (F)(1)(b) of this section, an	78
additional definite jail term of not more than sixty days;	79

(b) If the offender previously has been convicted of or	80
pleaded guilty to one or more misdemeanor or felony violations of	81
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	82
Revised Code and also was convicted of or pleaded guilty to a	83
specification of the type described in section 2941.1421 of the	84
Revised Code regarding one or more of those violations, an	85
additional definite jail term of not more than one hundred twenty	86
days.	87

(2) In lieu of imposing an additional definite jail term	88
under division (F)(1) of this section, the court may directly	89
impose on the offender a sanction that requires the offender to	90
wear a real-time processing, continual tracking electronic	91
monitoring device during the period of time specified by the	92
court. The period of time specified by the court shall equal the	93
duration of an additional jail term that the court could have	94
imposed upon the offender under division (F)(1) of this section. A	95
sanction imposed under this division shall commence on the date	96
specified by the court, provided that the sanction shall not	97
commence until after the offender has served the jail term imposed	98
for the misdemeanor violation of section 2907.23, 2907.24,	99
2907.241, or 2907.25 of the Revised Code and any residential	100
sanction imposed for the violation under section 2929.26 of the	101
Revised Code. A sanction imposed under this division shall be	102
considered to be a community control sanction for purposes of	103
section 2929.25 of the Revised Code, and all provisions of the	104
Revised Code that pertain to community control sanctions shall	105
apply to a sanction imposed under this division, except to the	106
extent that they would by their nature be clearly inapplicable.	107
The offender shall pay all costs associated with a sanction	108
imposed under this division, including the cost of the use of the	109
monitoring device.	110

(G) If an offender is convicted of or pleads guilty to a	111
misdemeanor violation of section 2903.13 of the Revised Code and	112
also is convicted of or pleads guilty to a specification of the	113
type described in section 2941.1423 of the Revised Code that	114
charges that the victim of the violation was a woman whom the	115
offender knew was pregnant at the time of the violation, the court	116
shall impose on the offender a mandatory jail term that is a	117
definite term of at least thirty days.	118

Section 2. That existing section 2929.24 of the Revised Code	119
is hereby repealed.	120