1990 040 Ordinance - Laserfiche WebLink

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NI,V. ORDINANCE N0. 90-40' Page: -7~ imprisoment and a period of electronically monitored house arrest upon an offender under subparagraph (B) or (C) hereof shall suspend any portion of the sentence or place the offender in any treatment program in lieu. of imprisonment or electronically monitored house arrest. Notwithstanding any section of the Ohio Revised Code or-this Traffic Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program. in lieu of imprisonment, no court, except a specifically authorized by subparagraph (A) hereof, shall suspend the three consecutive days of imprisonment required to be imposed by subparagraph (A) hereof or place an offender who is sentenced pursuant to subparagraph (A) hereof in any treatment program in lieu of imprisonment until. after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to subparagraph (A) hereof. G. No court shall sentence an offender to an alcohol treatment program pursuant to subparagraph (A) thru (D) hereof unless the treatment program complies with the minimum. standards adopted pursuant to Ohio R.C. Chapter 3793 by the State Director of Alcohol and Drug Addiction Servic- es. H. No court shall. impose the alternative sentence of a term of imprisonment of five consecutive days followed. immedi- ately by not less than eighteen consecutive days of electronically monitored house arrest permitted to be imposed by subparagraph (B) hereof, or the alternative sentence of a term of imprisonment of fifteen consecu- tive days followed immediately by not less than fif- ty-five consecutive days of electronically monitored house arrest permitted to be imposed pursuant to sub- paragraph (C) hereof, unless both of the following conditions apply: 1. The offense for which the offender is sentenced occurs prior to July 1, 1993; 2. Within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him, the offender will not be able to commence serving his term of imprisonment within the sixty-day period following. the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by subparagraph (B) or (C) hereof. (ORC 4511.99) I. As used in this section, "three consecutive days" means