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(124th General Assembly)
(Substitute House Bill Number 271)
To amend section 2947.23 of the Revised Code to
authorize courts to impose periods of community
service upon offenders who fail to pay judgments
for court costs relating to the criminal action with a credit upon the judgment at the minimum wage rate per hour of service.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 2947.23 of the Revised Code be
read as follows:
(A)(1) In all criminal cases, including
violations of ordinances, the
judge or magistrate shall include in
the sentence the costs of prosecution and
render a judgment
against the defendant for such costs.
At the time the judge or
magistrate imposes sentence, the judge or magistrate shall notify
the defendant of both of the following:
(a) If the defendant fails to pay that judgment
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 in an amount of not more
than forty hours per month until the judgment is paid or until the
court is satisfied that the defendant is in compliance with the
approved payment schedule.
(b) 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.
(2) If a jury has been
the trial of a case, the fees of
the jurors shall be included in
costs, which shall be paid to
the public treasury from which
the jurors were
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in
of this section or has failed to timely make payments
judgment under a payment schedule approved by the
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 in an amount of not more
than forty hours per month 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
(C) As used in this section, "specified hourly credit rate" means 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.
SECTION 2. That existing section 2947.23 of the Revised
Code is hereby repealed.