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Ohio Revised Code

Ohio Rev. Code § 2929.144 (2026)

Determination of maximum prison term for qualifying felonies of the first or second degree

✓ current as of May 2026
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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
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(A) As used in this section, "qualifying felony of the first or second degree" means a felony of the first or second degree committed on or after the effective date of this section .

(B) The court imposing a prison term on an offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree shall determine the maximum prison term that is part of the sentence in accordance with the following:

(1) If the offender is being sentenced for one felony and the felony is a qualifying felony of the first or second degree, the maximum prison term shall be equal to the minimum term imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code plus fifty per cent of that term.

(2) If the offender is being sentenced for more than one felony, if one or more of the felonies is a qualifying felony of the first or second degree, and if the court orders that some or all of the prison terms imposed are to be served consecutively, the court shall add all of the minimum terms imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree that are to be served consecutively and all of the definite terms of the felonies that are not qualifying felonies of the first or second degree that are to be served consecutively, and the maximum term shall be equal to the total of those terms so added by the court plus fifty per cent of the longest minimum term or definite term for the most serious felony being sentenced.

(3) If the offender is being sentenced for more than one felony, if one or more of the felonies is a qualifying felony of the first or second degree, and if the court orders that all of the prison terms imposed are to run concurrently, the maximum term shall be equal to the longest of the minimum terms imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree for which the sentence is being imposed plus fifty per cent of the longest minimum term for the most serious qualifying felony being sentenced.

(4) Any mandatory prison term, or portion of a mandatory prison term, that is imposed or to be imposed on the offender under division (B), (G), or (H) of section 2929.14 of the Revised Code or under any other provision of the Revised Code, with respect to a conviction of or plea of guilty to a specification, and that is in addition to the sentence imposed for the underlying offense is separate from the sentence being imposed for the qualifying first or second degree felony committed on or after the effective date of this section and shall not be considered or included in determining a maximum prison term for the offender under divisions (B)(1) to (3) of this section.

(C) The court imposing a prison term on an offender pursuant to division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree shall sentence the offender, as part of the sentence, to the maximum prison term determined under division (B) of this section. The court shall impose this maximum term at sentencing as part of the sentence it imposes under section 2929.14 of the Revised Code, and shall state the minimum term it imposes under division (A)(1)(a) or (2)(a) of that section, and this maximum term, in the sentencing entry.

(D) If a court imposes a prison term on an offender pursuant to division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code for a qualifying felony of the first or second degree, section 2967.271 of the Revised Code applies with respect to the offender's service of the prison term.
Notes of Decisions
Cited in 334 cases (309 in the last 5 years), 2019–2026 · leading case: State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022).
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State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). · cites it 25× “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021 Ohio 1810 (Ohio Ct. App. 2021). · cites it 30× “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). · cites it 33× “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Reed, 2021 Ohio 1623 (Ohio Ct. App. 2021). · cites it 14× “011 and four newly-enacted statutes, one of which is R.C. 2929.144. Unlike R.C. 2901.011, R.C.”
State v. Searls, 2022 Ohio 858 (Ohio Ct. App. 2022). · cites it 13× “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. Hacker, 2020 Ohio 5048 (Ohio Ct. App. 2020). · cites it 4× “R.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Wolfe, 2020 Ohio 5501 (Ohio Ct. App. 2020). · cites it 4× “egislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
State v. Rogers, 2022 Ohio 4126 (Ohio Ct. App. 2022). · cites it 9× “14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
State v. Thompson, 2021 Ohio 4027 (Ohio Ct. App. 2021). · cites it 5× “14(A), and a maximum term determined by formulas set forth in R.C. 2929.144. The law also establishes a presumption that the offender will be released at the end of the minimum term.”
State v. Wilson, 2023 Ohio 1042 (Ohio Ct. App. 2023). · cites it 11× “14(A)(1)(a), for felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144. R.C. 2929.144 provides…”
State v. Gutierrez-Reynoso, 2023 Ohio 3122 (Ohio Ct. App. 2023). · cites it 12× “However, while R.C. 2929.144 governs the calculation of the maximum term, R.”
State v. McLoyd, 2023 Ohio 3971 (Ohio Ct. App. 2023). · cites it 13× “” For felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144, which provides the framework for…”
Show all 334 citing cases →
— Ohio Rev. Code § 2929.144(A) — 40 cases
State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021 Ohio 1810 (Ohio Ct. App. 2021). “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Hacker, 2020 Ohio 5048 (Ohio Ct. App. 2020). “R.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Reed, 2021 Ohio 1623 (Ohio Ct. App. 2021). “011 and four newly-enacted statutes, one of which is R.C. 2929.144. Unlike R.C. 2901.011, R.C.”
State v. Griffin, 2021 Ohio 4128 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.144(A)(1) — 3 cases
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Green, 2026 Ohio 738 (Ohio Ct. App. 2026).
State v. Lawrence, 2026 Ohio 1195 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2929.144(A)(2) — 1 case
State v. Sylvester, 2022 Ohio 3798 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2929.144(A)(B)(2) — 2 cases
State v. Flow, 2022 Ohio 4416 (Ohio Ct. App. 2022).
State v. Mitro, 2022 Ohio 3265 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2929.144(B) — 74 cases
State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Gamble, 2021 Ohio 1810 (Ohio Ct. App. 2021). “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Ferguson, 2020 Ohio 4153 (Ohio Ct. App. 2020).
State v. Wolfe, 2020 Ohio 5501 (Ohio Ct. App. 2020). “egislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
— Ohio Rev. Code § 2929.144(B)(1) — 66 cases
State v. Glover, 2024 Ohio 5195 (Ohio 2024).
State v. Searls, 2022 Ohio 858 (Ohio Ct. App. 2022). “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. McFadden, 2021 Ohio 2204 (Ohio Ct. App. 2021).
State v. McLean, 2022 Ohio 2806 (Ohio Ct. App. 2022).
State v. Barnhart, 2021 Ohio 2874 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.144(B)(2) — 59 cases
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Rogers, 2022 Ohio 4126 (Ohio Ct. App. 2022). “14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
State v. Scott, 2022 Ohio 1486 (Ohio Ct. App. 2022).
State v. Searls, 2022 Ohio 858 (Ohio Ct. App. 2022). “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. Norris, 2023 Ohio 4057 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.144(B)(3) — 27 cases
State v. Searls, 2022 Ohio 858 (Ohio Ct. App. 2022). “We nevertheless agree with the State that only one maximum term is calculated under R.C. 2929.144 and that the maximum term was properly stated in the trial court’s judgment entry.”
State v. McLoyd, 2023 Ohio 3971 (Ohio Ct. App. 2023). “” For felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144, which provides the framework for…”
State v. Wilson, 2023 Ohio 1042 (Ohio Ct. App. 2023). “14(A)(1)(a), for felony offenses sentenced under the Reagan Tokes Law, the trial court is required to impose an indefinite sentence with a stated minimum term selected by the court and a calculated maximum term determined in accordance with R.C. 2929.144. R.C. 2929.144 provides…”
State v. Gutierrez-Reynoso, 2023 Ohio 3122 (Ohio Ct. App. 2023). “However, while R.C. 2929.144 governs the calculation of the maximum term, R.”
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
— Ohio Rev. Code § 2929.144(B)(4) — 10 cases
State v. Hacker, 2020 Ohio 5048 (Ohio Ct. App. 2020). “R.C. 2929.144 is silent as to the impact of his gun specification on the minimum prison term as to Count One.”
State v. Miles, 2020 Ohio 6921 (Ohio Ct. App. 2020).
State v. Favours, 2024 Ohio 2819 (Ohio Ct. App. 2024).
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Bryant, 2022 Ohio 3669 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2929.144(C) — 31 cases
State v. Gamble, 2021 Ohio 1810 (Ohio Ct. App. 2021). “The trial court imposes the minimum and maximum terms of imprisonment under the unambiguous language of R.C. 2929.144 and 2929.14 (A)(1)(a) and (A)(2)(a).”
State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). “It is important to recognize that the indefinite prison sentence with the executive branch’s review has been a mainstay of Ohio law since time immemorial, and it does not appear that any argument as to the constitutional validity of the Reagan Tokes Law challenges R.C. 2929.144…”
State v. Bond, 2022 Ohio 1487 (Ohio Ct. App. 2022). “And, in accordance with R.C. 2929.144(C) the court stated the minimum term imposed under R.”
State v. Whitehead, 2021 Ohio 847 (Ohio Ct. App. 2021).
State v. Wolfe, 2020 Ohio 5501 (Ohio Ct. App. 2020). “egislature has authorized as a sentence for a felony of the second degree, (2)(a) For a felony of the second degree committed on or after the effective date of this amendment, the prison term shall be an indefinite prison term with a stated minimum term selected by the court of…”
— Ohio Rev. Code § 2929.144(C)(4)(a) — 2 cases
State v. Rogers, 2022 Ohio 4126 (Ohio Ct. App. 2022). “14 and R.C. 2929.144. IV. The Reagan Tokes Act is unconstitutional as it impermissibly violates the Separation of Powers doctrine and the Due Process Clauses of the United States and Ohio Constitutions.”
State v. Moore, 2023 Ohio 3834 (Ohio Ct. App. 2023).
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