OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 196 Bill Analysis
135th General Assembly
Click here for H.B. 196’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Williams and Seitz
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Penalties for technical violations of community control sanctions
Permits a more restrictive nonresidential sanction or temporary incarceration to be
used as additional penalties for technical violations of community control sanctions by a
felony offender.
Modifies the definition of technical violation to apply to all felonies rather than only to
fifth degree felonies and fourth degree felonies that are not offenses of violence or
sexually oriented offenses.
Maximum periods of community control sanctions
Specifies that the duration of all community control sanctions imposed on a felony
offender must not exceed five years for any first or second degree felony, three years
for any third degree felony, or two years for any fourth or fifth degree felony.
Specifies that the duration of all community control sanctions imposed on a
misdemeanor offender and in effect for an offender at any time must not exceed two
years.
Specifies that the period of community control sanctions imposed on an eligible
offender, a state of emergency-qualifying offender, or an 80%-qualifying offender who is
granted judicial release must be no longer than as follows:
Five years if the most serious offense from which the judicial release is granted is a
first or second degree felony;
Three years if the most serious offense from which judicial release is granted is a
third degree felony;
Two years if the most serious offense from which judicial release is granted is a
fourth or fifth degree felony.
October 16, 2023
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Penalties for technical violations of community control sanctions
Penalties
Under current law, a court that sentences an offender to a community control sanction
for a felony may impose on an offender who violates the conditions of the sanction, violates a
law, or leaves the state without the permission of the court or the offender’s probation officer
one or more of three types of penalties. The bill retains the three penalties and adds a fourth
type of penalty for technical violations as follows:1
1. Under current law and subject to the bill’s additional penalties described in (4) below, a
longer time under the same sanction if the total time under the sanction does not
exceed the applicable limit for the offense;2
2. Under current law and subject to the bill’s additional penalties described in (4) below, a
more restrictive sanction, including but not limited to, a new term a community-based
correctional facility, halfway house, or jail;3
3. Under current law and subject to the bill’s additional penalties described in (4) below, a
prison term provided that a prison term is subject to the following limitations and rules,
as applicable:4
a. If the prison term is imposed under the authority of the bill’s additional penalties
described in (4) below for any technical violation of the conditions of a community
control sanction imposed for a fifth degree felony, the prison term must not exceed
90 days, provided that if the remaining period of community control at the time of
the violation of the remaining period of the reserved prison sentence at the time is
less than 90 days, the prison term must not exceed the length of the remaining
period of community control or the remaining period of the reserved prison
sentence;
b. If the prison term is imposed under authority of the bill’s additional penalties
described in (4) below for any technical violation of the conditions of a community
control sanction imposed for a fourth degree felony that is not an offense of
violence and is not a sexually oriented offense, the prison term must not exceed 180
days, provided that if the remaining period of the community control at the time of
the violation or the remaining period of the reserved prison sentence at that time is
less than 180 days, the prison term must not exceed the length of the remaining
1 R.C. 2929.15(B)(1).
2 R.C. 2929.15(A)(1) and (B)(1)(a).
3 R.C. 2929.15(B)(1)(b).
4 R.C. 2929.15(B)(1)(c).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
period of community control or the remaining period of the reserved prison
sentence;
c. A court is not limited in the number of times it may sentence an offender to a prison
term for violating the conditions of a community control sanction, violating a law, or
leaving the state without permission. If an offender violates the conditions of a
community control sanction, violates a law, or leaves the state without permission,
is sentenced to a prison term for the violation or conduct, is released from the term
after serving it, and subsequently violates the conditions of the community control
sanction, violates a law, or leaves the state without permission, the court may
impose a new prison term penalty on the offender for the subsequent violation or
conduct.
4. Under the bill, if the conditions of the community control sanction imposed for a felony
are violated by a “technical violation,” (a defined term – see below) one or more of the
following penalties:5
a. A more restrictive nonresidential sanction;
b. A temporary incarceration sanction consisting of whichever of the following is
applicable;
i. For a first technical violation during a period of community control that includes
the violated sanction, a sanction of jail incarceration of not more than 15 days;
ii. For a second technical violation during a period of community control that
includes the violated sanction, a sanction of jail incarceration of not more than
30 days;
iii. For a third technical violation during a period of community control that includes
the violated sanction, a sanction of jail incarceration of not more than 45 days;
iv. For a fourth or subsequent technical violation during a period of community
control that includes the violated sanction, any sanction of6 temporary
incarceration described in (1) to (3) above.
Definition of technical violation
The bill modifies the definition of “technical violation” to apply to all felonies rather
than only to fifth degree felonies and fourth degree felonies that are not offenses of violence or
sexually oriented offenses. Under the bill, “technical violation” means a violation of the
conditions of a community control sanction imposed for a felony and to which neither of the
following applies: (1) the violation consists of a new criminal offense that is a felony or that is a
5 R.C. 2929.15(B)(1)(d) and (3).
6 This language may have been intended to cover any sanction or temporary incarceration prescribed in
current law for a community control violation as the referenced language covers both temporary
incarceration and other sanctions (such as extension of the period of community control).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
misdemeanor, other than a minor misdemeanor, and the violation is committed while under
the community control sanction, and (2) the violation consists of or includes the offender’s
articulated or demonstrated refusal to participate in the community control sanction imposed
on the offender or any of its conditions, and the refusal demonstrates to the court that the
offender has abandoned the objects of the community control sanction or condition.7
Maximum period of community control sanctions
Felony
Generally
The bill specifies that the duration of all community control sanctions, including any
period of supervised community service work, imposed on a felony offender must not exceed
five years for any first or second degree felony, three years for any third degree felony, or two
years for any fourth or fifth degree felony. Under current law, the duration of all community
control sanctions imposed on an offender must not exceed five years.8
The bill provides that a community control sanction imposed for an offense continues
for the period that a judge or magistrate determines and, subject to the five-year, three-year,
or two-year community control maximum that is applicable to the offense if it is a felony, may
be extended. Under current law, a community control sanction imposed for an offense
continues for a period that a judge or magistrate determines and is subject to the five-year
limit. If the offender under the community control sanction absconds from the jurisdiction of
the court without permission of the court or probation officer or if the offender is confined to
any institution for the commission of any offense, the period of community control ceases to
run until the time that the offense is brought before the court for its further action. 9
Misdemeanor
Under current law, if a court is sentencing an offender for a misdemeanor, other than a
minor misdemeanor, the sentencing court may directly impose a sentence that consists of one
or more community control sanctions.10 The bill provides that the duration of all community
control sanctions, including any period of supervised community service work, imposed on a
misdemeanor offender and in effect for an offender at any time must not exceed two years.
Under current law, the duration of all community control sanctions imposed on an offender and
in effect for an offender at any time must not exceed five years.11
The bill provides that a community control sanction imposed for an offense continues
for the period that a judge or magistrate determines and, subject to the two-year community
7 R.C. 2929.15(E).
8 R.C. 2929.15(A)(1) and (B)(1)(a) and 2951.02(B)(5).
9 R.C. 2951.07.
10 R.C. 2929.25(A)(1)(a).
11 R.C. 2929.25(A)(2) and (3) and (D)(2)(a) and 2951.02(B)(5).
P a g e |4 H.B. 196
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
control maximum that is applicable to the offense if it is a misdemeanor, may be extended as
described above. Under current law, a community control sanction imposed for an offense
continues for a period that a judge or magistrate determines and is subject to the five-year
limit.12
Judicial release
Under current law, if the court grants a motion for judicial release for an eligible
offender, a state of emergency-qualifying offender, or an 80%-qualifying offender, the court
must place the offender under an appropriate community control sanction. The bill provides
that the period of community control must be no longer than five years if the most serious
offense from which the judicial release is granted is a first or second degree felony, no longer
than three years if the most serious offense from which judicial release is granted is a third
degree felony, and no longer than two years if the most serious offense from which judicial
release is granted is a fourth or fifth degree felony. Under current law, the period of community
control must be no longer than five years.13
HISTORY
Action Date
Introduced 05-31-23
ANHB0196IN-135/ks
12 R.C. 2951.07.
13 R.C. 2929.20(K), (N)(5)(b), and (O)(6).
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As Introduced
Statutes affected: As Introduced: 2929.15, 2929.20, 2929.25, 2951.02, 2951.07