Transcript Misdemeanor Sanctions - Oberlin Municipal Court

Misdemeanor Sanctions
Making a Difference
Purpose of Misdemeanor
Sentencing
To protect the public
from future crime by
the offender and
others (emphasis
added)
 To punish the
offender

Judge’s Discretion

Unless mandatory jail or
another specific sanction
is required the court has
discretion to determine
the most effective way to
achieve the purposes of
sentencing and may
impose any sanction or
combination of sanctions.
JAIL
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Minor MisdemeanorNone
4TH Degree Misdemeanor
– 30 days
3rd Degree Misdemeanor 60 days
2nd Degree Misdemeanor
– 90 days
1st Degree Misdemeanor
– 180 days
Work Release or Intermittent Confinement
Except for mandatory terms the court may:
Permit intermittent confinement, overnight, on
weekends or at any other time to allow the
person to keep their job or care for their
family
 Allow release so that the person can seek or
maintain employment, receive education
or training, receive treatment, perform
community service, or otherwise fulfill an
obligation imposed by law or by the court
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FINES
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Minor Misdemeanor$150.00
4TH Degree Misdemeanor
- $250.00
3rd Degree Misdemeanor $500.00
2nd Degree Misdemeanor
- $750.00
1st Degree Misdemeanor $1,000.00
Driving Privilege Sanctions

If authorized by law,
suspension of driving
privileges,
immobilization or
forfeiture of a vehicle
or any related
sanction
Community Service

Community Service
up to five hundred
hours for a 1st Degree
Misdemeanor and up
to two hundred
hours for 2nd, 3rd, and
4th Degree
Misdemeanors
Restitution
Court can order
restitution
 A 5% fee can be
charged to collect
restitution

Community Control Sanctions

Community Control
Department
Except when a jail term is required by law
the court has several options
Directly impose a sentence that consists of one
or more community control sanctions
 Impose a jail term, suspend all or a portion of
the jail term imposed, and place the offender
under a community control sanction
 The duration of any community control sanction
may not exceed five (5) years

Three Types of “Probation”
Intensive Probation Supervision
 Basic Probation Supervision
 Monitored Time (Good Behavior)

Intensive Probation Supervision
– Requires the person maintain frequent contact
with the probation department while the
offender is seeking or maintaining necessary
employment and participating in training,
education and treatment programs as
required in the court’s order
Basic Probation Supervision

A term of basic probation supervision
defined as a requirement that the offender
maintain contact with a person appointed
to supervise the offender in accordance
with sanctions imposed by the court
Monitored Time

A term of monitored time defined as a
period of time during which the offender
continues to be under the control of the
court subject to no conditions other than
leading a law-abiding life (i.e. good
behavior)
Community Residential Sanctions
Halfway House

Serving all or a part of the jail term in a
halfway house (if the political subdivision
that would have responsibility for paying
the costs of confining the offender in a jail
has entered into a contract with the
halfway house for use of the facility for
misdemeanor offenders)
Alternative Residential Facility
Serving all or a part of the jail term in an
alternative residential facility.
 Any facility other than the offender’s home that
(a) provides programs through which the
offender may seek or maintain employment or
may receive education, training, treatment or
habilitation and (b) has received licensing or
certification from the governmental agency
responsible for certification or licensing

Release and Other Options While Serving a
Residential Sanction
Same option as jai release:
 Permit intermittent confinement,
overnight, on weekends or at any other
time to allow the offender to continue at
the offender’s occupation or care for the
offender’s family
-continuedAllow release so that the offender may
seek or maintain employment, receive
education or training, receive treatment,
perform community service, or otherwise
fulfill an obligation imposed by law or by
the court
 Order that part of the offender’s wages
while on release be applied to any
financial sanction imposed
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Nonresidential Sanctions
Nonresidential sanctions include but are
not limited to the following that may be
imposed alone or in combination:
Day Reporting
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Requires an offender to report to and
leave a center or other approved reporting
location at specified times in order to
participate in work, education or training,
treatment, and other approved programs
at the center or outside the center
House Arrest
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House arrest with or
without electronic
monitoring
Drug Treatment Program

A term in a drug
treatment program
with a level of
security for the
offender as
determined necessary
by the court
Drug and Alcohol Use Monitoring
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A term of drug and
alcohol use
monitoring
Curfew
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A curfew may be
imposed
Employment
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A requirement that
the offender obtain
employment
Education or Training
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A requirement that
the offender obtain
education or training
Victim-Offender Mediation
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Victim-offender
mediation with the
approval of the victim
Counseling
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Counseling including
but not limited to
family violence
counseling
Other Sanctions

Any other sanction intended to discourage
the offender or other persons from
committing a similar offense if reasonably
related to the purposes of sentencing
Early
Intervention
Misdemeanor Case- Conditions
of Bond
Conditions of Bond

Criminal Rule 46
permits a Judge to
place conditions on a
person’s release from
jail on bond
What conditions can the Judge
set?
Place the person in the custody of
a trusted person or organization
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Place the person in
the custody of a
designated person or
organization agreeing
to supervise the
person
Place Restrictions on where the
person can live and who they can
associate with
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Place restrictions on
the travel,
association, or place
of abode of the
person during the
period of release
House Arrest or Work Release
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Place the person in a
work release program
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Place the person on
house arrest
Control contact with Victim
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Regulate or prohibit
the person’s contact
with the victim
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Protection Order or
No Contact Order
Control contact with witnesses or
others
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Regulate the person’s
contact with
witnesses or others
associated with the
case upon proof of
the likelihood that the
person will threaten,
harass, cause injury,
or seek to intimidate
those persons
Attend alcohol or drug treatment
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Require a person who
is charged with an
offense that is alcohol
or drug related, and
who appears to need
treatment, to attend
treatment while on
bond.
Any other condition reasonably
necessary to ensure appearance or
public safety
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Any other
constitutional
condition considered
reasonably necessary
to ensure appearance
or public safety
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Role of Community Control
Department with Conditions of
Bond
The community
control department
monitors compliance
with conditions of
bond just as they
monitor compliance
with terms and
conditions of
probation post
conviction
Thank You