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1994 048 Ordinance
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1994 048 Ordinance
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Last modified
11/19/2018 4:01:05 PM
Creation date
8/22/2018 10:44:41 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
048
Date
9/19/1994
Year
1994
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51 <br />DUI; Willful Misconduct; Speed 333.99 <br />(6) Notwithstanding any section of the Ohio Revised Code or this Traffic Code <br />that authorizes suspension of the imposition or execution of a sentence or <br />the placement of an offender in any treatment program in lieu of imprison- <br />ment, no court shall suspend the ten, thirty or sixty consecutive days of <br />imprisonment required to be imposed by paragraphs (2) to (4) hereof or <br />place an offender who is sentenced pursuant to paragraphs (2) to (4) hereof <br />in any treatment program in lieu of imprisonment until after the offender <br />has served the ten, thirty or sixty consecutive days of imprisonment required <br />to be imposed pursuant to paragraphs (2) to (4) hereof, and no court that <br />imposes a sentence of imprisoriment and a period of electronically monitored <br />house arrest upon an offender under paragraph (2) or (3) hereof shall <br />suspend any portion of the sentence or place the offender.in any treatment <br />program in lieu of imprisonment or electror_ically monitored house arrest. <br />Notwithstanding any section of the Ohio Revised Code or this Traffic <br />Code that authorizes the suspension of the imposition or execution of <br />a sentence or the placement of an offender in any treatment program in <br />lieu of imprisonment, no court, except as specifically authorized by <br />paragraph (1) hereof, shall suspend the three consecutive days of imprison- <br />ment required to be imposed by paragraph (1) hereof or place an offender <br />who is sentenced pursuant to paragraph (1) hereof in any treatment program <br />in lieu of imprisonment until after the offender has served the three <br />consecutive days of imprisonment required to be imposed pursuant to <br />paragraph (1) hereof. <br />(7) No court shall sentence an offender to an alcohol treatment program <br />pursuant to paragraphs (1) to (4) hereof unless the treatment program complies <br />with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 <br />by the State Director of Alcohol and Drug Addiction Services. <br />(8) No court shall impose the alternative sentence of a term of imprisonment <br />of five consecutive days plus not less than eighteen consecutive days <br />of electronically monitored house arrest permitted to be imposed by <br />paragraph (2) hereof, or the alternative sentence of a term of <br />imprisonment of fifteen consecutive days plus not less than fifty-five <br />consecutive days of electronically monitored house arrest permitted to <br />be imposed pursuant to paragraph (3) hereof, unless within sixty days <br />of the date of sentencing, the court issues a written finding, entered <br />into the record, that due to the unavailability of space at the <br />incarceration facility where the offender is required to serve the term <br />of imprisonment imposed upon him, the offender will not be able to <br />commence serving his term of imprisonment within the sixty-day period <br />following the date of sentencing. If the court issues such a finding, <br />the court may impose the alternative sentence comprised of a term of <br />imprisonment and a term of electronically monitored house arrest <br />permitted to be imposed by paragraph (2) or (3) hereof. <br />(ORC 4511.99) <br />(9) As used in this section, "three consecutive days" means seventy-two <br />consecutive hours. (ORC 451.1.991) <br />1994 Replacement
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