Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.16 (2026)

Community residential sanctions - felony

✓ current as of May 2026
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Effective:
October 29, 2018
Latest Legislation:
Senate Bill 66 - 132nd General Assembly
PDF:
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(A) Except as provided in this division, the court imposing a sentence for a felony upon an offender who is not required to serve a mandatory prison term may impose any community residential sanction or combination of community residential sanctions under this section. The court imposing a sentence for a fourth degree felony OVI offense under division (G)(1) or (2) of section 2929.13 of the Revised Code or for a third degree felony OVI offense under division (G)(2) of that section may impose upon the offender, in addition to the mandatory term of local incarceration or mandatory prison term imposed under the applicable division, a community residential sanction or combination of community residential sanctions under this section, and the offender shall serve or satisfy the sanction or combination of sanctions after the offender has served the mandatory term of local incarceration or mandatory prison term required for the offense. Community residential sanctions include, but are not limited to, the following:

(1) Except as otherwise provided in division (A)(6) of this section, a term of up to six months at a community-based correctional facility that serves the county;

(2) Except as otherwise provided in division (A)(3) or (6) of this section and subject to division (D) of this section, a term of up to six months in a jail;

(3) If the offender is convicted of a fourth degree felony OVI offense and is sentenced under division (G)(1) of section 2929.13 of the Revised Code, subject to division (D) of this section, a term of up to one year in a jail less the mandatory term of local incarceration of sixty or one hundred twenty consecutive days of imprisonment imposed pursuant to that division;

(4) A term in a halfway house;

(5) A term in an alternative residential facility ;

(6) If the offender is sentenced to a community control sanction and violates the conditions of the sanction, a new term of up to six months in a community-based correctional facility that serves the county, in a halfway house, or in a jail, which term shall be in addition to any other term imposed under this division.

(B) The court that assigns any offender convicted of a felony to a residential sanction under this section may authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, or receive treatment. A release pursuant to this division shall be only for the duration of time that is needed to fulfill the purpose of the release and for travel that reasonably is necessary to fulfill the purposes of the release.

(C) If the court assigns an offender to a county jail that is not a minimum security misdemeanant jail in a county that has established a county jail industry program pursuant to section 5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the sheriff of that county may consider the offender for participation in the county jail industry program. During the offender's term in the county jail, the court shall retain jurisdiction to modify its specification upon a reassessment of the offender's qualifications for participation in the program.

(D) If a court sentences an offender to a term in jail under division (A)(2), (3), or (6) of this section and if the sentence is imposed for a felony of the fourth or fifth degree that is not an offense of violence, the court may specify that it prefers that the offender serve the term in a minimum security jail established under section 341.34 or 753.21 of the Revised Code. If the court includes a specification of that type in the sentence and if the administrator of the appropriate minimum security jail or the designee of that administrator classifies the offender in accordance with section 341.34 or 753.21 of the Revised Code as a minimal security risk, the offender shall serve the term in the minimum security jail established under section 341.34 or 753.21 of the Revised Code. Absent a specification of that type and a finding of that type, the offender shall serve the term in a jail other than a minimum security jail established under section 341.34 or 753.21 of the Revised Code.

(E) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a community residential sanction as described in division (A) of this section, at the time of reception and at other times the person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place at which the offender will serve the residential sanction determines to be appropriate, the person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place at which the offender will serve the residential sanction may cause a convicted offender in the community-based correctional facility, jail, halfway house, alternative residential facility, or other place who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
Notes of Decisions
Cited in 1,871 cases (735 in the last 5 years), 1997–2026 · leading case: State v. Barnhouse, 808 N.E.2d 874 (Ohio 2004).
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State v. Barnhouse, 808 N.E.2d 874 (Ohio 2004). · cites it 25× “) The trial court in the instant case sentenced Barnhouse to a county jail for multiple felonies pursuant to R.C. 2929.16. We *224 therefore conclude that the jail sentences imposed in the instant case rendered Barnhouse “imprisoned” within the meaning of R.”
State v. Bonnell (Slip Opinion), 2014 Ohio 3177 (Ohio 2014). · cites it 4× “unish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender’s conduct and to the danger the offender poses to the public, and if the court also finds any of the following: (a) The offender committed one or more of the multiple…”
State v. Amos (Slip Opinion), 2014 Ohio 3160 (Ohio 2014). · cites it 12× “01(E) and authorized by R.C. 2929.16 and 2929.18. {¶ 20} The question is, what should be done as a result of the trial court’s failure to obtain a PSI report as required by R.”
State v. Anderson, 2016 Ohio 7044 (Ohio Ct. App. 2016). · cites it 6× “Courts are authorized to impose CBCF and other residential sanctions as a community control sanction pursuant to R.C. 2929.16. As a result, residential community control sanctions are not prison terms as statutorily defined and R.”
State v. Gwynne, 2022 Ohio 4607 (Ohio 2022). · cites it 3× “14(C)(4)(a) involves the more-or-less ministerial finding that the defendant committed the offense or offenses in question while (1) awaiting trial or sentencing, (2) on postrelease control for a prior offense, or (3) serving a sanction under R.C. 2929.16 (community-residential…”
State v. Dansby-East, 2016 Ohio 202 (Ohio Ct. App. 2016). · cites it 13× “In this matter, we conclude that plain error has occurred, pursuant to R.C. 2929.16 and State v. Barnhouse, 102 Ohio St.”
State v. Ingledue, 2019 Ohio 397 (Ohio Ct. App. 2019). · cites it 8× “{¶ 6} When the initial term of local incarceration was imposed, R.C. 2929.16 provided that a trial court, subject to restrictions not applicable to this discussion, could, as a community residential sanction, require a defendant sentenced to CCS to serve “up to six months in…”
State v. Roberts, 2020 Ohio 6722 (Ohio Ct. App. 2020). · cites it 4× “Finally, the court must make at least one of these three additional findings: (1) the offender committed one or more of the offenses while awaiting trial or sentencing, while under a sanction imposed under R.C. §2929.16, §2929.17, or §2929.18, or while under post-release control…”
State v. Pettorini, 2021 Ohio 1512 (Ohio Ct. App. 2021). · cites it 4× “the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following: {¶22} (a) The offender committed one or more of the multiple…”
State v. Wiles, 2018 Ohio 3077 (Ohio Ct. App. 2018). · cites it 9× “” R.C. 2929.16 specifically includes “a term of up to six months in a jail” as a community residential sanction.”
State v. Leopard, 2011 Ohio 3864 (Ohio Ct. App. 2011). · cites it 4× “{¶ 30} “(D) The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is likely to commit future crimes: {¶ 31} “(1) At the time of committing the offense, the offender was…”
State v. Roberts, 2021 Ohio 90 (Ohio Ct. App. 2021). · cites it 10× “Finally, the court must make at least one of three additional findings, which include that (a) the offender committed one or more of the offenses while awaiting trial or sentencing, while under a sanction imposed under R.C. 2929.16, 2929.17, or 2929.18, or while under…”
Show all 1,871 citing cases →
— Ohio Rev. Code § 2929.16(1) — 1 case
State v. Marcum, 2020 Ohio 3962 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.16(A) — 41 cases
State v. Barnhouse, 808 N.E.2d 874 (Ohio 2004). “) The trial court in the instant case sentenced Barnhouse to a county jail for multiple felonies pursuant to R.C. 2929.16. We *224 therefore conclude that the jail sentences imposed in the instant case rendered Barnhouse “imprisoned” within the meaning of R.”
State v. Amos (Slip Opinion), 2014 Ohio 3160 (Ohio 2014). “01(E) and authorized by R.C. 2929.16 and 2929.18. {¶ 20} The question is, what should be done as a result of the trial court’s failure to obtain a PSI report as required by R.”
State v. Culgan, 768 N.E.2d 712 (Ohio Ct. App. 2001).
State v. Dansby-East, 2016 Ohio 202 (Ohio Ct. App. 2016). “In this matter, we conclude that plain error has occurred, pursuant to R.C. 2929.16 and State v. Barnhouse, 102 Ohio St.”
State v. Tarbay, 810 N.E.2d 979 (Ohio Ct. App. 2004).
— Ohio Rev. Code § 2929.16(A)(1) — 32 cases
State v. Paige (Slip Opinion), 2018 Ohio 813 (Ohio 2018).
State v. Anderson, 2016 Ohio 7044 (Ohio Ct. App. 2016). “Courts are authorized to impose CBCF and other residential sanctions as a community control sanction pursuant to R.C. 2929.16. As a result, residential community control sanctions are not prison terms as statutorily defined and R.”
State v. Hines, 721 N.E.2d 1093 (Ohio Ct. App. 1999).
State v. Peterson, 2015 Ohio 4581 (Ohio Ct. App. 2015).
State v. Tarbay, 810 N.E.2d 979 (Ohio Ct. App. 2004).
— Ohio Rev. Code § 2929.16(A)(2) — 50 cases
State v. Barnhouse, 808 N.E.2d 874 (Ohio 2004). “) The trial court in the instant case sentenced Barnhouse to a county jail for multiple felonies pursuant to R.C. 2929.16. We *224 therefore conclude that the jail sentences imposed in the instant case rendered Barnhouse “imprisoned” within the meaning of R.”
State v. Ingledue, 2019 Ohio 397 (Ohio Ct. App. 2019). “{¶ 6} When the initial term of local incarceration was imposed, R.C. 2929.16 provided that a trial court, subject to restrictions not applicable to this discussion, could, as a community residential sanction, require a defendant sentenced to CCS to serve “up to six months in…”
State v. Dansby-East, 2016 Ohio 202 (Ohio Ct. App. 2016). “In this matter, we conclude that plain error has occurred, pursuant to R.C. 2929.16 and State v. Barnhouse, 102 Ohio St.”
State v. Wiles, 2018 Ohio 3077 (Ohio Ct. App. 2018). “” R.C. 2929.16 specifically includes “a term of up to six months in a jail” as a community residential sanction.”
State v. Amos (Slip Opinion), 2014 Ohio 3160 (Ohio 2014). “01(E) and authorized by R.C. 2929.16 and 2929.18. {¶ 20} The question is, what should be done as a result of the trial court’s failure to obtain a PSI report as required by R.”
— Ohio Rev. Code § 2929.16(A)(3) — 1 case
State v. Salazar, 2023 Ohio 567 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.16(A)(4) — 2 cases
State v. Griffin, 723 N.E.2d 606 (Ohio Ct. App. 1998).
State ex rel. Devore v. Ohio Adult Parole Auth., 2024 Ohio 5923 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2929.16(A)(6) — 7 cases
State v. Ingledue, 2019 Ohio 397 (Ohio Ct. App. 2019). “{¶ 6} When the initial term of local incarceration was imposed, R.C. 2929.16 provided that a trial court, subject to restrictions not applicable to this discussion, could, as a community residential sanction, require a defendant sentenced to CCS to serve “up to six months in…”
State v. Evans, 2021 Ohio 590 (Ohio Ct. App. 2021).
State v. Struffolino, 2020 Ohio 1051 (Ohio Ct. App. 2020).
State v. Poulter, 2020 Ohio 396 (Ohio Ct. App. 2020).
State v. Masters, 2019 Ohio 1702 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.16(B) — 1 case
State v. Nickens, 2017 Ohio 1448 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2929.16(B)(1)(c) — 1 case
State v. Woofter, 2020 Ohio 738 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.16(B)(5) — 1 case
State v. Milenius, 2014 Ohio 3585 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2929.16(E) — 2 cases
State v. Whitfield, 2010 Ohio 2 (Ohio 2010).
State v. Bollar, 2022 Ohio 4370 (Ohio 2022).
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