OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 122* Bill Analysis
135th General Assembly
Click here for S.B. 122 ‘s Fiscal Note
Version: As Reported by House Criminal Justice
Primary Sponsors: Sens. Manning and Hicks-Hudson
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Pretrial release generally
Requires a court to release a defendant on the least restrictive conditions that will
reasonably assure the defendant’s appearance in court, the protection or safety of any
person or the community, and that the defendant will not obstruct the criminal justice
process.
Presumes release on personal recognizance when the defendant appears pursuant to a
summons issued by the court, absent good cause to the contrary.
Requires a person who has been arrested to be brought before a judicial officer for an
initial bail hearing not later than the second court day following the person’s arrest.
Requires the court to hold a second bail hearing on the second court day following the
initial bail hearing if, at the initial bail hearing, the defendant was not represented by
counsel, and if the defendant has not yet been released on bail.
Requires an indigent defendant to be afforded representation by appointed counsel at
the state’s expense at the second bail hearing.
Conditions of release
Requires financial conditions of release to be related to public safety, the defendant’s
risk of nonappearance in court, the seriousness of the offense, and the previous criminal
record of the defendant.
*This analysis was prepared before the report of the House Criminal Justice Committee appeared in the
House Journal. Note that the legislative history may be incomplete.
June 14, 2023
Office of Research and Drafting LSC Legislative Budget Office
Requires financial conditions of release to be in an amount and type least costly to the
defendant while also sufficient to reasonably assure the defendant’s future appearance
in court.
Establishes types of nonfinancial conditions of release, bail, and factors for determining
types, amounts, and conditions of bail.
Bail bond schedule
Requires each court to establish a bail bond schedule covering all misdemeanors,
including traffic offenses, either specifically, by type, by potential penalty, or by some
other reasonable method of classification.
Requires courts to review bail bond schedules biennially by January 31 of each even-
numbered year beginning in 2024 to ensure appropriate bail bond schedules that do not
result in the unnecessary detention of a defendant due to an inability to pay.
Modification of conditions
Permits modification of conditions of release when necessary.
Statements made at bail proceeding
Prohibits a court from receiving as substantive evidence statements or admissions of the
defendant made at a bail proceeding or in the course of compliance with a condition of
bail.
Failure to appear
Provides that any person who fails to appear is subject to punishment provided by the
law and the defendant’s bail may be forfeited.
Permits a court to amend the defendant’s bail if the defendant breaches a condition of
release.
Sureties
Requires sureties to justify by affidavit the property that the surety proposes as security
and the encumbrances on it, the number and amount of other bonds and undertakings
for bail entered into by the surety and remaining undischarged, and all of the surety’s
other liabilities.
Requires the surety to provide other evidence of financial responsibility as the court or
clerk may require.
Prohibits a court from approving a bail bond unless the surety or sureties appear, in the
opinion of the court or clerk, to be financially responsible in at least the amount of the
bond.
Prohibits a licensed attorney from being a surety.
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Emergency clause
Declares an emergency.
DETAILED ANALYSIS
Pretrial release generally
Unless a court orders a defendant detained pursuant to a hearing denying that
defendant bail, the bill requires the court to release the defendant on the least restrictive
conditions that, in the discretion of the court, will reasonably assure the defendant’s
appearance in court, the protection or safety of any person or the community, and that the
defendant will not obstruct the criminal justice process.1
Absent good cause, there is a presumption of release on personal recognizance when
the defendant appears pursuant to a summons issued by the court.2
Under the bill, a person who has been arrested, either pursuant to a warrant or without
a warrant, and who has not been released on bail, must be brought before a judicial officer for
an initial bail hearing not later than the second court day following the person’s arrest. This bail
hearing may be combined with the initial appearance provided for in the Rules of Criminal
Procedure.3
If, at the initial bail hearing before a judicial officer, the defendant was not represented
by counsel, and if the defendant has not yet been released on bail, the court must hold a
second bail hearing on the second court day following the initial bail hearing. The bill requires
an indigent defendant to be afforded representation by appointed counsel at the state’s
expense at the second bail hearing.4
Conditions of release
Under the bill, if a court orders financial conditions of release, those financial conditions
must be related to public safety, the defendant’s risk of nonappearance in court, the
seriousness of the offense, and the previous criminal record of the defendant.5 Any financial
conditions must be in an amount and type that are least costly to the defendant while also
sufficient to reasonably assure the defendant’s future appearance in court.6
1 R.C. 2937.011(A).
2 R.C. 2937.011(F).
3 R.C. 2937.011(J)(1).
4 R.C. 2937.011(J)(2).
5 R.C. 2937.011(A).
6 R.C. 2937.011(B).
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Any defendant who is entitled to release may be released on one or more of the
following types of bail in the amount set by the court:7
An unsecured bail bond;
A bail bond secured by the deposit of 10% of the amount of the bond in cash. The court
must return 90% of the deposit upon compliance with all conditions of the bond;
A surety bond, a bond secured by real estate or securities as allowed by law, or the
deposit of cash, at the option of the defendant.
The court may also impose any of the following nonfinancial conditions of release:8
The personal recognizance of the defendant;
Placing the defendant in the custody of a designated person or organization that agrees
to supervise the defendant;
Placing restrictions on the travel, association, or place of abode of the defendant during
the period of release;
Placing the defendant under a house arrest, electronic monitoring, or work release
program;
Regulating or prohibiting the defendant’s contact with the victim;
Regulating the defendant’s contact with witnesses or others associated with the case
upon proof of the likelihood that the defendant will threaten, harass, cause injury, or
seek to intimidate those persons;
For any defendant charged with an offense that is alcohol or drug related, or where
alcohol or drug influence or addiction appears to be a contributing factor in the offense,
and who appears based upon an evaluation, prior treatment history, or recent alcohol
or drug use, to be in need of treatment, requiring completion of a drug or alcohol
assessment and compliance with treatment recommendations;
Requiring compliance with alternatives to pretrial detention, including diversion
programs, day reporting, or comparable alternatives, to ensure the defendant’s
appearance at future court proceedings;
Any other constitutional condition considered reasonably necessary to reasonably
assure the defendant’s appearance or public safety.
When determining the types, amounts, and conditions of bail, under the bill the court is
required to consider all relevant information, including the following:9
7 R.C. 2937.011(C).
8 R.C. 2937.011(D).
9 R.C. 2937.011(E).
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The nature and circumstances of the crime charged, and specifically whether the
defendant used or had access to a weapon;
The weight of the evidence against the defendant;
The confirmation of the defendant’s identity;
The defendant’s family ties, employment, financial resources, character, mental
condition, length of residence in the community, jurisdiction of residence, record of
convictions, record of appearance at court proceedings, or of flight to avoid
prosecution;
Whether the defendant is on probation, a community control sanction, parole, post-
release control, bail, or under a court protection order;
The considerations required under Section 9 of Article I of the Ohio Constitution.
Bail bond schedule
The bill requires each court to establish a bail bond schedule covering all misdemeanors,
including traffic offenses, either specifically, by type, by potential penalty, or by some other
reasonable method of classification, in order to expedite the prompt release of a defendant
prior to an initial appearance. The court may also include requirements for release in
consideration of the above listed conditions of release. The bill states that the sole purpose of a
bail schedule is to allow for the consideration of release prior to the defendant’s initial
appearance. The bond schedule established by the court is not considered relevant information
in determining the types, amounts, and conditions of bail under the bill.10
Each municipal or county court must establish a method, by rule, whereby a defendant
may make bail by using a credit card.11
Each court must review its bail bond schedule biennially by January 31 of each even-
numbered year beginning in 2024 to ensure an appropriate bail bond schedule that does not
result in the unnecessary detention of a defendant due to the defendant’s inability to pay.12
Modification of conditions
Under the bill, a party or the court can move that the conditions of release require a
modification. A judicial officer may order additional or different types, amounts, or conditions
of bail, or may eliminate or lessen conditions of bail the court determines to be no longer
necessary. Unless the parties agree to a modification, the court must hold a hearing on the
modification of bond as promptly as possible. Unless modified by the judicial officer, or if
application is made by a surety for discharge from a bond, conditions of release must continue
10 R.C. 2937.011(I)(1) and (2).
11 R.C. 2937.011(I)(3).
12 R.C. 2937.011(I)(4).
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until the return of a verdict or the entry of a guilty plea or a no-contest plea and may continue
thereafter pending sentence or disposition of the case on review.13
Statements made at bail proceeding
Information stated in or offered in connection with any order entered pursuant to
setting types, amounts, or conditions of bail, or conditions of release does not need to conform
to the rules pertaining to the admissibility of evidence in a court of law. Under the bill, the court
must not receive as substantive evidence statements or admissions of the defendant made at a
bail proceeding or in the course of compliance with a condition of bail.14
Failure to appear
Under the bill, any person who fails to appear before any court as required is subject to
the punishment provided by the law, and any bail given for the defendant’s release may be
forfeited. If the defendant breaches a condition of release, the court may amend the
defendant’s bail.15
Sureties
Every surety, except a corporate surety licensed as provided by law, must justify by
affidavit, and may be required to describe in the affidavit, the property that the surety proposes
as security and the encumbrances on it, the number and amount of other bonds and
undertakings for bail entered into by the surety and remaining undischarged, and all of the
surety’s other liabilities. The bill requires the surety to provide other evidence of financial
responsibility as the court or clerk may require. A court may not approve a bail bond unless the
surety or sureties appear, in the opinion of the court or clerk, to be financially responsible in at
least the amount of the bond.16
The bill prohibits a licensed attorney from being a surety.17
Declaration of emergency
The Ohio Supreme Court published a plan to repeal Criminal Rule 46 effective July 1,
2023. An emergency clause putting the bill into immediate effect prior to the July 1, 2023, date
prevents any lapse in the effect of Criminal Rule 46.18
13 R.C. 2937.011(G).
14 R.C. 2937.011(H).
15 R.C. 2937.011(K).
16 R.C. 2937.011(L).
17 R.C. 2937.011(L).
18 Section 3.
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Cross references
The bill updates cross references in R.C. 2743.70, 2903.212, 2903.213, 2907.41,
2919.251, 2937.40, 2949.02, 2949.04, 2949.093, 2953.03, and 2953.09 from referencing
Criminal Rule 46 to reference R.C. 2937.011.
HISTORY
Action Date
Introduced 05-16-23
Reported, S. Judiciary 05-30-23
Passed Senate (32-0) 05-31-23
Reported, H. Criminal Justice ---
ANSB0122RH-135/ar
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As Reported by House Criminal Justice
Statutes affected: As Introduced: 2743.70, 2903.212, 2903.213, 2907.41, 2919.251, 2937.40, 2949.02, 2949.04, 2949.093, 2953.03, 2953.09
As Reported By Senate Committee: 2743.70, 2903.212, 2903.213, 2907.41, 2919.251, 2937.40, 2949.02, 2949.04, 2949.093, 2953.03, 2953.09
As Passed By Senate: 2743.70, 2903.212, 2903.213, 2907.41, 2919.251, 2937.40, 2949.02, 2949.04, 2949.093, 2953.03, 2953.09
As Reported By House Committee: 2743.70, 2903.212, 2903.213, 2907.41, 2919.251, 2937.40, 2949.02, 2949.04, 2949.093, 2953.03, 2953.09