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2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.09 | Failure to Pay Costs; Notice of Balance Due.

Effective:
September 19, 2014
Latest Legislation:
Senate Bill 143 - 130th General Assembly
(A) If a person is charged with an offense in a court of common pleas, including a juvenile court, and either fails to appear in court at the required time and place to answer the charge or pleads guilty to or is found guilty of the offense or is adjudicated a delinquent child or juvenile traffic offender based on the offense and fails within the time allowed by the court to pay any fine or costs imposed by the court, the court may enter information relative to the person's failure to pay any outstanding amount of the fine or costs on a form prescribed or approved by the registrar of motor vehicles pursuant to division (B) of this section and send the form to the registrar. Upon receipt of the form, the registrar shall take any measures necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person. However, for a motor vehicle leased by the person, the registrar shall not implement this requirement until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code.
The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed under this section remains in effect until the person pays any fine or costs imposed by the court relative to the offense. When the fine or costs have been paid in full, the court shall inform the registrar of the payment by entering information relative to the payment on a notice of payment form prescribed or approved by the registrar pursuant to division (B) of this section and sending the form to the registrar.
(B) The registrar shall prescribe and make available to courts of common pleas forms to be used for a notice to the registrar of failure to pay fines or costs and a notice to the registrar of payment of fines or costs under division (A) of this section. The registrar may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or approved pursuant to this section be transmitted to the registrar electronically. If the registrar requires electronic transmission, the registrar shall not be required to give effect to any form that is not transmitted electronically.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.14 | Hearing on Ability to Pay Fine.

Effective:
September 6, 2002
Latest Legislation:
House Bill 170 - 124th General Assembly
(A) If a fine is imposed as a sentence or a part of a sentence, the court or magistrate that imposed the fine may order that the offender be committed to the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court or magistrate determines at a hearing that the offender is able, at that time, to pay the fine but refuses to do so. The hearing required by this section shall be conducted at the time of sentencing.
(B) At the hearing, the offender has the right to be represented by counsel and to testify and present evidence as to the offender's ability to pay the fine. If a court or magistrate determines after considering the evidence presented by an offender, that the offender is able to pay a fine, the determination shall be supported by findings of fact set forth in a judgment entry that indicate the offender's income, assets, and debts, as presented by the offender, and the offender's ability to pay.
(C) If the court or magistrate has found the offender able to pay a fine at a hearing conducted in compliance with divisions (A) and (B) of this section, and the offender fails to pay the fine, a warrant may be issued for the arrest of the offender. Any offender held in custody pursuant to such an arrest shall be entitled to a hearing on the first regularly scheduled court day following the date of arrest in order to inform the court or magistrate of any change of circumstances that has occurred since the time of sentencing and that affects the offender's ability to pay the fine. The right to the hearing on any change of circumstances may be waived by the offender.
At the hearing to determine any change of circumstances, the offender has the right to testify and present evidence as to any portion of the offender's income, assets, or debts that has changed in such a manner as to affect the offender's ability to pay the fine. If a court or magistrate determines, after considering any evidence presented by the offender, that the offender remains able to pay the fine, that determination shall be supported by a judgment entry that includes findings of fact upon which such a determination is based.
(D) No person shall be ordered to be committed to a jail or workhouse or otherwise be held in custody in satisfaction of a fine imposed as the whole or a part of a sentence except as provided in this section. Any person imprisoned pursuant to this section shall receive credit upon the fine at the rate of fifty dollars per day or fraction of a day. If the unpaid fine is less than fifty dollars, the person shall be imprisoned one day.
(E) No commitment pursuant to this section shall exceed six months.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.15 | Labor for Nonpayment of Fine.

Effective:
November 8, 1990
Latest Legislation:
House Bill 51, House Bill 588 - 118th General Assembly
Persons committed to jail by a judge or magistrate for nonpayment of fine, or convicts sentenced to hard labor in the county jail, shall perform labor under the direction of the board of county commissioners within or outside the jail, within the county, and the board shall adopt orders and rules in relation to the performance of labor and the sheriff or other officer having the custody of the persons or convicts shall be governed by the orders and rules. The sheriff of the county shall collect the proceeds of the labor of the persons or convicts, pay it into the county treasury, take the county treasurer's duplicate receipts for the amount paid, and forthwith deposit one of them with the county auditor. The sheriff, with the approval of the board, may provide for the vocational training and rehabilitation of prisoners confined in the county jail.
This section does not apply to prisoners participating in a county jail industry program established under section 5147.30 of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.151 | Reduction of Inmate's Sentence.

Effective:
October 1, 1959
Latest Legislation:
House Bill 138 - 103rd General Assembly
The sheriff in charge of a county jail may, upon a consideration of the quality and amount of work done in the kitchen, in the jail offices, on the jail premises, or elsewhere, allow reductions of inmates' sentences as follows:
(A) On sentences of ninety days or less, up to three days for each thirty days of sentence;
(B) On sentences longer than ninety days but not longer than six months, up to four days for each thirty days of sentence;
(C) On sentences longer than six months, up to five days for each thirty days of sentence.
The reduction of the inmate's sentence shall become effective only upon the written concurrence of the presiding or sentencing judge or magistrate of the court where the sentence was imposed.
This section shall in no way restrict any other powers vested in the presiding or sentencing judge or magistrate of the court where the sentence was imposed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.16 | Recognizance of Misdemeanant to Keep the Peace and Be of Good Behavior.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person convicted of a misdemeanor may be required by the judge or magistrate to enter into a recognizance, with sufficient surety, in such sum as the judge or magistrate finds proper, to keep the peace and be of good behavior for such time, not exceeding two years, as the court directs. The court may order such person to stand committed until such order is complied with or he is discharged by law, but the court may discharge such person at any time on his own recognizance, or cancel such recognizance.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.17 | Breach of Condition of Any Recognizance.

Effective:
October 16, 1980
Latest Legislation:
House Bill 736 - 113th General Assembly
In case of a breach of the condition of any recognizance given under section 2947.16 of the Revised Code, the same proceedings shall be had as are prescribed in relation to forfeiture of other recognizances.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.18 | Misdemeanants Sentenced to Workhouse.

Effective:
September 3, 1970
Latest Legislation:
Senate Bill 460 - 108th General Assembly
Where the board of county commissioners of a county, or legislative authority of a municipal corporation having no workhouse, has made provisions for receiving prisoners into the workhouse of a city in any other county or district in the state, a court or magistrate, where imprisonment in jail may lawfully be imposed in such case, may sentence persons convicted of a misdemeanor, including a violation of a municipal ordinance, to such workhouse.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.19 | County Offenders Maintained in City Workhouse.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A) In a county that has no workhouse but in which is located a city that has a workhouse maintained by the city, the board of county commissioners may agree with the proper authorities of that city upon terms under which persons convicted of misdemeanors shall be maintained in the city workhouse at the expense of the county. In the case of persons committed to the city workhouse for the violation of a law of this state, whether the commitment is from the court of common pleas, magistrate's court, or other court, the cost of maintaining those persons committed shall be paid out of the general fund of the county, on the allowance of the board of county commissioners, provided that all persons committed to the city workhouse for the violation of ordinances of the city shall be maintained in that workhouse at the sole cost of the city.
(B) Pursuant to section 2929.37 of the Revised Code, the board of county commissioners or the legislative authority of the city may require a person who was convicted of an offense and who is confined in the city workhouse as provided in division (A) of this section to reimburse the county or the city, as the case may be, for its expenses incurred by reason of the person's confinement. If a person is convicted of or pleads guilty to a felony and the court imposes a sanction that requires the offender to serve a term in a city workhouse, sections 341.23, 753.02, 753.04, and 753.16 of the Revised Code govern the determination of whether the court may impose a sanction under section 2929.18 of the Revised Code that requires the offender to reimburse the expenses of confinement.
(C) Notwithstanding any contrary provision in this section or section 2929.18, 2929.28, or 2929.37 of the Revised Code, the board of county commissioners or the legislative authority of the city may establish a policy that complies with section 2929.38 of the Revised Code and that requires any person who is not indigent and who is confined in the city workhouse to pay a reception fee or a fee for any medical treatment or service requested by and provided to that person.
(D) If a person who has been convicted of or pleaded guilty to an offense is confined in the workhouse as provided in division (A) of this section, at the time of reception and at other times the person in charge of the operation of the workhouse determines to be appropriate, the person in charge of the operation of the workhouse may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the workhouse may cause a convicted offender in the workhouse who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.20 | Health Insurance Claims of Inmates Confined in City Workhouse.

Effective:
October 16, 1996
Latest Legislation:
Senate Bill 163 - 121st General Assembly
(A) For each person who is confined in a city workhouse as provided in section 2947.19 of the Revised Code, the county or the city, as the case may be, may make a determination as to whether the person is covered under a health insurance or health care policy, contract, or plan and, if the person has such coverage, what terms and conditions are imposed by it for the filing and payment of claims.
(B) If, pursuant to division (A) of this section, it is determined that the person is covered under a policy, contract, or plan and, while that coverage is in force, the workhouse renders or arranges for the rendering of health care services to the person in accordance with the terms and conditions of the policy, contract, or plan, then the person, county, city, or provider of the health care services, as appropriate under the terms and conditions of the policy, contract, or plan, shall promptly submit a claim for payment for the health care services to the appropriate third-party payer and shall designate, or make any other arrangement necessary to ensure, that payment of any amount due on the claim be made to the county, city, or provider, as the case may be.
(C) Any payment made to the county or the city pursuant to division (B) of this section shall be paid into the treasury of the governmental entity that incurred the expenses.
(D) This section also applies to any person who is under the custody of a law enforcement officer, as defined in section 2901.01 of the Revised Code, prior to the person's confinement in the workhouse.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.21 | Warrant for Detaining Person in Workhouse.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
When a person is sentenced to a workhouse by the court of common pleas, the clerk of the court of common pleas shall make and deliver to the sheriff a certified copy of the judgment. The copy shall describe the crime charged and the sentence of the court. The sheriff shall deliver the copy to the officer in charge of the workhouse, and the copy shall be that officer's warrant for detaining the person in custody. In case of such a conviction by any other court or magistrate, the court or magistrate shall make a certified transcript of the docket in the case, which, in like manner, shall be delivered to the marshal, constable, or sheriff to be delivered by the marshal, constable, or sheriff to the proper officer in charge of the workhouse and be that officer's warrant for detaining the person in custody.
When a person is sentenced to a jail or workhouse under section 2929.24 of the Revised Code, the court shall certify a transcript of the docket in the case, and the court shall deliver the certified transcript to the proper officer in charge of the workhouse or jail, and the certified transcript is the officer's warrant for detaining the person in custody during the prescribed period or periods.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.22 | Temporary Confinement in County Jail of Persons Sentenced to Workhouse.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person sentenced to a workhouse may be confined in the jail of the county in which he was convicted, for such period as is necessary to procure the papers and make arrangements to transport him to the workhouse.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2947 | Judgment; Sentence › Section 2947.231 | Pharmacy Board Investigative Costs Included in Sentence.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
If a business entity described in division (A)(2) or (3) of section 4729.541 of the Revised Code pleads guilty or no contest to or is found guilty of any criminal offense, the judge or magistrate shall include in the sentence any costs incurred by the state board of pharmacy in an investigation leading to the plea or conviction. Investigative costs include staff salaries, administrative costs, travel expenses, attorney's fees, and any other reasonable expense incurred by the board. The board shall set forth the costs the entity is required to pay in an itemized statement provided to the judge or magistrate.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.01 | Execution of Sentence Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2949. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.02 | Execution of the Sentence or Judgment Suspended.

Effective:
June 30, 2023
Latest Legislation:
House Bill 191 - 135th General Assembly
(A) If a person is convicted of any bailable offense, including, but not limited to, a violation of an ordinance of a municipal corporation, in a municipal or county court or in a court of common pleas and if the person gives to the trial judge or magistrate a written notice of the person's intention to file or apply for leave to file an appeal to the court of appeals, the trial judge or magistrate may suspend, subject to division (A)(2)(b) of section 2953.09 of the Revised Code, execution of the sentence or judgment imposed for any fixed time that will give the person time either to prepare and file, or to apply for leave to file, the appeal. In all bailable cases, except as provided in division (B) of this section, the trial judge or magistrate may release the person on bail in accordance with section 2937.011 of the Revised Code, and the bail shall at least be conditioned that the person will appeal without delay and abide by the judgment and sentence of the court.
(B) Notwithstanding any provision of section 2937.011 of the Revised Code to the contrary, a trial judge of a court of common pleas shall not release on bail pursuant to division (A) of this section a person who is convicted of a bailable offense if the person is sentenced to imprisonment for life or if that offense is a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2909.02, 2911.01, 2911.02, or 2911.11 of the Revised Code or is felonious sexual penetration in violation of former section 2907.12 of the Revised Code.
(C) If a trial judge of a court of common pleas is prohibited by division (B) of this section from releasing on bail pursuant to division (A) of this section a person who is convicted of a bailable offense and not sentenced to imprisonment for life, the appropriate court of appeals or two judges of it, upon motion of such a person and for good cause shown, may release the person on bail in accordance with section 2937.011 of the Revised Code and Appellate Rule 8, and the bail shall at least be conditioned as described in division (A) of this section.
Last updated July 18, 2023 at 12:34 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.03 | Further Suspension of Sentence.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
If a judgment of conviction by a court of common pleas, municipal court, or county court is affirmed by a court of appeals and remanded to the trial court for execution of the sentence or judgment imposed, and the person so convicted gives notice of his intention to file a notice of appeal to the supreme court, the trial court, on the filing of a motion by such person within three days after the rendition by the court of appeals of the judgment of affirmation, may further suspend, subject to division (A)(2)(b) of section 2953.09 of the Revised Code, the execution of the sentence or judgment imposed for a time sufficient to give such person an opportunity to file a notice of appeal to the supreme court, but the sentence or judgment imposed shall not be suspended more than thirty days for that purpose.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.04 | Reduction or Increase in Bail.

Effective:
June 30, 2023
Latest Legislation:
House Bill 191 - 135th General Assembly
When bail is fixed pursuant to division (B) of section 2953.03 or section 2949.02 or 2953.09 of the Revised Code in connection with an appeal, a reduction or increase in the amount of that bail or other change in that bail shall not be required of the accused during the pendency of the appeal unless the trial judge or magistrate, or the court in which the appeal is being prosecuted, finds that there is good cause to reduce or increase the amount of that bail or good cause for any other change in that bail. If the court in which the appeal is being prosecuted finds there is good cause to reduce or increase the amount of that bail or good cause for any other change in that bail, it shall order the reduction, increase, or other change in accordance with section 2937.011 of the Revised Code, and the new bail shall be in the amount and form so ordered and otherwise be to the approval of and filed with the clerk of the court in which the appeal is being prosecuted.
Last updated July 18, 2023 at 12:35 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.05 | Execution of Sentence or Judgment.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
If no appeal is filed, if leave to file an appeal or certification of a case is denied, if the judgment of the trial court is affirmed on appeal, or if post-conviction relief under section 2953.21 of the Revised Code is denied, the trial court or magistrate shall carry into execution the sentence or judgment which had been pronounced against the defendant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.06 | Escape After Sentence - Resentencing.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
If a person escapes after sentence and before confinement in a state correctional institution or jail, the clerk of the trial court, upon application of the prosecuting attorney or by order of the court, shall issue a warrant stating the conviction and sentence and commanding the sheriff to pursue the person into any county of this state. The sheriff shall take into custody the person so escaping and shall make return of the warrant to the court if it is in session, and if it is not in session he shall commit the accused to the jail of the county and bring him before the court at the next session of the court. The court shall set aside the former sentence and again pronounce judgment upon the verdict.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.07 | No Credit for Time Absent Due to Escape.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
If a convict escapes from a state correctional institution, the time the convict is absent from the institution because of his escape shall not be credited as a part of the time for which he was sentenced.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.09 | Execution for Fine and Costs of Prosecution.

Effective:
September 3, 1970
Latest Legislation:
Senate Bill 460 - 108th General Assembly
When a judge or magistrate renders judgment for a fine, an execution may issue for such judgment and costs of prosecution, to be levied on the property, or in default thereof, upon the body of the defendant for nonpayment of the fine. The officer holding such writ may arrest such defendant in any county and commit him to the jail of the county in which such writ issued, until such fine is paid or secured to be paid or he is otherwise legally discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.092 | No Waiver of Specified Additional Court Costs.

Effective:
September 23, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70, 2949.091, 2949.093, or 2949.094 of the Revised Code or pursuant to any other section of the Revised Code to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.10 | Execution for Fine to Issue to Other County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An execution under section 2949.09 of the Revised Code may issue to the sheriff of any county in which the defendant resides, is found, or has property, and the sheriff shall execute the writ. If the defendant is taken, the sheriff shall commit him to the jail of the county in which the writ issued and deliver a certified copy of the writ to the sheriff of such county, who shall detain the offender until he is discharged as provided in such section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.11 | Fines Paid Into County Treasury to Credit of County General Fund.

Effective:
May 6, 1986
Latest Legislation:
Senate Bill 54 - 116th General Assembly
Unless otherwise required in the Revised Code, an officer who collects a fine shall pay it into the treasury of the county in which such fine was assessed, within twenty days after the receipt of the fine, to the credit of the county general fund. The county treasurer shall issue duplicate receipts for the fine, and the officer making the collection shall deposit one of these receipts with the county auditor.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.12 | Reception Facilities for Convicted Felons.

Effective:
April 7, 2009
Latest Legislation:
House Bill 130 - 127th General Assembly
Unless the execution of sentence is suspended or the convicted felon has less than thirty days to serve in prison and the department of rehabilitation and correction, the county sheriff, and the court agree otherwise, a convicted felon who is sentenced to serve a term of imprisonment in a state correctional institution shall be conveyed, within five days after sentencing, excluding Saturdays, Sundays, and legal holidays, by the sheriff of the county in which the conviction was had to the facility that is designated by the department of rehabilitation and correction for the reception of convicted felons. The sheriff shall deliver the convicted felon into the custody of the managing officer of the reception facility and, at that time, unless the department and the sheriff have agreed to electronically processed prisoner commitment, shall present the managing officer with a copy of the convicted felon's sentence that clearly describes each offense for which the felon was sentenced to a correctional institution, designates each section of the Revised Code that the felon violated and that resulted in the felon's conviction and sentence to a correctional institution, designates the sentence imposed for each offense for which the felon was sentenced to a correctional institution, and, pursuant to section 2967.191 of the Revised Code, specifies the total number of days, if any, that the felon was confined for any reason prior to conviction and sentence. The sheriff, at that time, also shall present the managing officer with a copy of the indictment. The clerk of the court of common pleas shall furnish the copies of the sentence and indictment. In the case of a person under the age of eighteen years who is certified to the court of common pleas by the juvenile court, the clerk of the court of common pleas also shall attach a copy of the certification to the copy of the indictment.
The convicted felon shall be assigned to an institution or designated to be housed in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, if authorized pursuant to section 5120.161 of the Revised Code, shall be conveyed to the institution, jail, or workhouse, and shall be kept within the institution, jail, or workhouse until the term of the felon's imprisonment expires, the felon is pardoned, paroled, or placed under a post-release control sanction, or the felon is transferred under laws permitting the transfer of prisoners. If the execution of the felon's sentence is suspended, and the judgment thereafter affirmed, the felon shall be conveyed, in the same manner as if the execution of the felon's sentence had not been suspended, to the reception facility as soon as practicable after the judge directs the execution of sentence. The trial judge or other judge of the court, in the judge's discretion and for good cause shown, may extend the time of the conveyance.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.13 | Sheriff May Require Assistance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
During the time the sheriff is conveying a convicted felon to an institution for imprisonment therein, he may secure him in a jail and demand the assistance of a sheriff, jailer, or other person in keeping such prisoner, as if he were in his own county. Such sheriff, jailer, or other person is liable, on refusal, to like penalties as if the sheriff making the demand were in his own county.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.14 | Collection of Court Costs From Felon.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Upon conviction of a nonindigent person for a felony, the clerk of the court of common pleas shall make and certify under the clerk's hand and seal of the court, a complete itemized bill of the costs made in such prosecution, including the sum paid by the board of county commissioners, certified by the county auditor, for the arrest and return of the person on the requisition of the governor, or on the request of the governor to the president of the United States, or on the return of the fugitive by a designated agent pursuant to a waiver of extradition except in cases of parole violation. The clerk shall attempt to collect the costs from the person convicted.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.15 | Writ of Execution to Pay the Costs of Prosecution.

Effective:
July 1, 1983
Latest Legislation:
House Bill 291 - 115th General Assembly
If a nonindigent person convicted of a felony fails to pay the costs of prosecution pursuant to section 2949.14 of the Revised Code, the clerk of the court of common pleas shall forthwith issue to the sheriff of the county in which the indictment was found, and to the sheriff of any other county in which the person has property, executions against his property for fines and the costs of prosecution, which shall be served and returned within ten days, with the proceedings of such sheriff or the certification that there is no property upon which to levy, indorse thereon.
When a levy is made upon property under such execution, a writ shall forthwith be issued by the clerk for the sale thereof, and such sheriff shall sell the property and make return thereof, and after paying the costs of conviction, execution, and sale, pay the balance to the person authorized to receive it.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.17 | Prisoner Transportation - Expenses.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The sheriff may take one guard for every two convicted felons to be transported to a correctional institution. The trial judge may authorize a larger number of guards upon written application of the sheriff, in which case a transcript of the order of the judge shall be certified by the clerk of the court of common pleas under the seal of the court, and the sheriff shall deliver the order with the convict to the person in charge of the correctional institution.
(B) In order to obtain reimbursement for the county for the expenses of transportation for indigent convicted felons, the clerk of the court of common pleas shall prepare a transportation cost bill for each indigent convicted felon transported pursuant to this section for an amount equal to not less than one dollar a mile from the county seat to the state correctional institution and return for each prisoner. The number of miles shall be computed by the usual route of travel. The clerk's duties under this division are subject to division (B) of section 2949.19 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.20 | Costs in Case of Final Judgment of Reversal.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
In any case of final judgment of reversal as provided in section 2953.07 of the Revised Code, whenever the state of Ohio is the appellee, the clerk of the court of common pleas of the county in which sentence was imposed shall certify the case to the state public defender for reimbursement in the report required by section 2949.19 of the Revised Code, subject to division (B) of section 2949.19 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.201 | Notice to Clerks of Courts of Common Pleas as to Status of State Appropriations for State Payment of Criminal Costs for Indigent Felons.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
(A) On or before the date specified in division (B) of this section, in each state fiscal year, the state public defender shall notify the clerk of the court of common pleas of each county whether the general assembly has, or has not, appropriated funding for that state fiscal year for reimbursement payments pursuant to division (A) of section 2949.19 of the Revised Code.
(B) The state public defender shall provide the notification required by division (A) of this section on or before whichever of the following dates is applicable:
(1) If, on the first day of July of the fiscal year in question, the main operating appropriations act that covers that fiscal year is in effect, on or before the thirty-first day of July;
(2) If, on the first day of July of the fiscal year in question, the main operating appropriations act that covers that fiscal year is not in effect, on or before the day that is thirty days after the effective date of the main operating appropriations act that covers that fiscal year.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.21 | Writ for Execution of Death Penalty.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
A writ for the execution of the death penalty shall be directed to the sheriff by the court issuing it, and the sheriff, within thirty days and in a private manner, shall convey the prisoner to the facility designated by the director of rehabilitation and correction for the reception of the prisoner. For conducting the prisoner to the facility, the sheriff shall receive like fees and mileage as in other cases, when approved by the warden of the facility. After the procedures performed at the reception facility are completed, the prisoner shall be assigned to an appropriate correctional institution, conveyed to the institution, and kept within the institution until the execution of his sentence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.22 | Method of Execution of Death Sentence.

Effective:
November 21, 2001
Latest Legislation:
House Bill 362 - 124th General Assembly
(A) Except as provided in division (C) of this section, a death sentence shall be executed by causing the application to the person, upon whom the sentence was imposed, of a lethal injection of a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death. The application of the drug or combination of drugs shall be continued until the person is dead. The warden of the correctional institution in which the sentence is to be executed or another person selected by the director of rehabilitation and correction shall ensure that the death sentence is executed.
(B) A death sentence shall be executed within the walls of the state correctional institution designated by the director of rehabilitation and correction as the location for executions, within an enclosure to be prepared for that purpose, under the direction of the warden of the institution or, in the warden's absence, a deputy warden, and on the day designated by the judge passing sentence or otherwise designated by a court in the course of any appellate or postconviction proceedings. The enclosure shall exclude public view.
(C) If a person is sentenced to death, and if the execution of a death sentence by lethal injection has been determined to be unconstitutional, the death sentence shall be executed by using any different manner of execution prescribed by law subsequent to the effective date of this amendment instead of by causing the application to the person of a lethal injection of a drug or combination of drugs of sufficient dosage to quickly and painlessly cause death, provided that the subsequently prescribed different manner of execution has not been determined to be unconstitutional. The use of the subsequently prescribed different manner of execution shall be continued until the person is dead. The warden of the state correctional institution in which the sentence is to be executed or another person selected by the director of rehabilitation and correction shall ensure that the sentence of death is executed.
(D) No change in the law made by the amendment to this section that took effect on October 1, 1993, or by this amendment constitutes a declaration by or belief of the general assembly that execution of a death sentence by electrocution is a cruel and unusual punishment proscribed by the Ohio Constitution or the United States Constitution.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.222 | Sealing of Records.

Effective:
March 23, 2015
Latest Legislation:
House Bill 663 - 130th General Assembly
(A) As used in this section, "seal a record" means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records accessible only to the court.
(B) The court promptly shall order the immediate sealing of records containing information described in division (B) or (C) of section 2949.221 of the Revised Code and the person's participation in any activity described in the particular division, whenever the records come into the court's possession.
(C) If a record containing information described in division (B) or (C) of section 2949.221 of the Revised Code and the person's participation in any activity described in the particular division, is subpoenaed or requested by a court order, the director of rehabilitation and correction shall provide the record. If the court determines that the record is necessary for just adjudication, the court shall order the director to appear at a private hearing with a copy of the record and any other relevant evidence. The information is not otherwise subject to disclosure unless the court, through clear and convincing evidence presented in the private hearing, finds that the person whose identity is protected appears to have acted unlawfully with respect to the person's involvement in the administration of a lethal injection as contemplated by the first paragraph of division (B) and by division (C)(1) of section 2949.221 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.24 | Execution and Return of Warrant for Sentence of Death.

Effective:
September 21, 1995
Latest Legislation:
Senate Bill 4 - 121st General Assembly
Unless a suspension of execution is ordered by the court of appeals in which the cause is pending on appeal or the supreme court for a case in which a sentence of death is imposed for an offense committed before January 1, 1995, or by the supreme court for a case in which a sentence of death is imposed for an offense committed on or after January 1, 1995, or is ordered by two judges or four justices of that court, the warden or another person selected by the director of rehabilitation and correction shall proceed at the time and place named in the warrant to ensure that the death sentence of the prisoner under death sentence is executed in accordance with section 2949.22 of the Revised Code. The warden shall make the return to the clerk of the court of common pleas of the county immediately from which the prisoner was sentenced of the manner of the execution of the warrant. The clerk shall record the warrant and the return in the records of the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.25 | Attendance at Execution of Death Sentence.

Effective:
November 21, 2001
Latest Legislation:
House Bill 362 - 124th General Assembly
(A) At the execution of a death sentence, only the following persons may be present:
(1) The warden of the state correctional institution in which the sentence is executed or a deputy warden, any other person selected by the director of rehabilitation and correction to ensure that the death sentence is executed, any persons necessary to execute the death sentence by lethal injection, and the number of correction officers that the warden thinks necessary;
(2) The sheriff of the county in which the prisoner was tried and convicted;
(3) The director of rehabilitation and correction, or the director's agent;
(4) Physicians of the state correctional institution in which the sentence is executed;
(5) The clergyperson in attendance upon the prisoner, and not more than three other persons, to be designated by the prisoner, who are not confined in any state institution;
(6) Not more than three persons to be designated by the immediate family of the victim;
(7) Representatives of the news media as authorized by the director of rehabilitation and correction.
(B) The director shall authorize at least one representative of a newspaper, at least one representative of a television station, and at least one representative of a radio station to be present at the execution of the sentence under division (A)(7) of this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.26 | Disposing of Body of Executed Convict.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
The body of an executed convict shall be returned for burial in any county of the state, to friends who made written request therefor, if made to the warden the day before or on the morning of the execution. The warden may pay the transportation and other funeral expenses, not to exceed fifty dollars.
If no request is made by such friends therefor, such body shall be disposed of as provided by section 1713.34 of the Revised Code and the rules of the director of job and family services.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2949 | Execution of Sentence › Section 2949.27 | Escape, Rearrest, and Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a convicted felon escapes after sentence of death, and is not retaken before the time fixed for his execution, any sheriff may rearrest and commit him to the county jail, and make return thereof to the court in which the sentence was passed. Such court shall again fix the time for execution, which shall be carried into effect as provided in sections 2949.21 to 2949.26, inclusive, of the Revised Code.