Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.24 (2026)

Definite jail terms for misdemeanors

✓ current as of May 2026
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Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
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(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code or division (E) of this section and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following:

(1) For a misdemeanor of the first degree, not more than one hundred eighty days;

(2) For a misdemeanor of the second degree, not more than ninety days;

(3) For a misdemeanor of the third degree, not more than sixty days;

(4) For a misdemeanor of the fourth degree, not more than thirty days.

(B)(1) A court that sentences an offender to a jail term under this section may permit the offender to serve the sentence in intermittent confinement or may authorize a limited release of the offender as provided in division (B) of section 2929.26 of the Revised Code. The court retains jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, but the court shall not reduce any mandatory jail term.

(2)(a) If a prosecutor, as defined in section 2935.01 of the Revised Code, has filed a notice with the court that the prosecutor wants to be notified about a particular case and if the court is considering modifying the jail sentence of the offender in that case, the court shall notify the prosecutor that the court is considering modifying the jail sentence of the offender in that case. The prosecutor may request a hearing regarding the court's consideration of modifying the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the court shall notify the eligible offender of the hearing.

(b) If the prosecutor requests a hearing regarding the court's consideration of modifying the jail sentence of the offender in that case, the court shall hold the hearing before considering whether or not to release the offender from the offender's jail sentence.

(C) If a court sentences an offender to a jail term under this section and the court assigns the offender to a county jail 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 offender may be considered for participation in the program. During the offender's term in the county jail, the court retains jurisdiction to modify its specification regarding the offender's participation in the county jail industry program.

(D) If a person is sentenced to a jail term pursuant to this section, the court may impose as part of the sentence pursuant to section 2929.28 of the Revised Code a reimbursement sanction, and, if the local detention facility in which the term is to be served is covered by a policy adopted pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following apply:

(1) The court shall specify both of the following as part of the sentence:

(a) If the person is presented with an itemized bill pursuant to section 2929.37 of the Revised Code for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.

(b) If the person does not dispute the bill described in division (D)(1)(a) of this section and does not pay the bill by the times specified in section 2929.37 of the Revised Code, the clerk of the court may issue a certificate of judgment against the person as described in that section.

(2) The sentence automatically includes any certificate of judgment issued as described in division (D)(1)(b) of this section.

(E)(1) If an offender is convicted of or pleads guilty to a misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and to a specification of the type described in section 2941.1421 of the Revised Code and if the court imposes a jail term on the offender for the misdemeanor violation, the court may impose upon the offender an additional definite jail term as follows:

(a) Subject to division (E)(1)(b) of this section, an additional definite jail term of not more than sixty days;

(b) If the offender previously has been convicted of or pleaded guilty to one or more misdemeanor or felony violations of section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and also was convicted of or pleaded guilty to a specification of the type described in section 2941.1421 of the Revised Code regarding one or more of those violations, an additional definite jail term of not more than one hundred twenty days.

(2) In lieu of imposing an additional definite jail term under division (E)(1) of this section, the court may directly impose on the offender a sanction that requires the offender to wear a real-time processing, continual tracking electronic monitoring device during the period of time specified by the court. The period of time specified by the court shall equal the duration of an additional jail term that the court could have imposed upon the offender under division (E)(1) of this section. A sanction imposed under this division shall commence on the date specified by the court, provided that the sanction shall not commence until after the offender has served the jail term imposed for the misdemeanor violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and any residential sanction imposed for the violation under section 2929.26 of the Revised Code. A sanction imposed under this division shall be considered to be a community control sanction for purposes of section 2929.25 of the Revised Code, and all provisions of the Revised Code that pertain to community control sanctions shall apply to a sanction imposed under this division, except to the extent that they would by their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction imposed under this division, including the cost of the use of the monitoring device.

(F) If an offender is convicted of or pleads guilty to a misdemeanor violation of section 2903.13 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1423 of the Revised Code that charges that the victim of the violation was a woman whom the offender knew was pregnant at the time of the violation, the court shall impose on the offender a mandatory jail term that is a definite term of at least thirty days.

(G) If a court sentences an offender to a jail term under this section, the sentencing court retains jurisdiction over the offender and the jail term. Upon motion of either party or upon the court's own motion, the court, in the court's sole discretion and as the circumstances warrant, may substitute one or more community control sanctions under section 2929.26 or 2929.27 of the Revised Code for any jail days that are not mandatory jail days.

Last updated March 8, 2023 at 11:33 AM

Notes of Decisions
Cited in 373 cases (151 in the last 5 years), 2005–2026 · leading case: State v. Floyd, 2018 Ohio 5107 (Ohio Ct. App. 2018).
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State v. Floyd, 2018 Ohio 5107 (Ohio Ct. App. 2018). · cites it 12× “25, while misdemeanor jail terms are governed by R.C. 2929.24—both of which were rewritten effective January 1, 2004.”
State v. Maggette, 2016 Ohio 5554 (Ohio Ct. App. 2016). · cites it 3× “A court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the…”
State v. Zappa, 2022 Ohio 243 (Ohio Ct. App. 2022). · cites it 4× “25(A)(1)(a), a trial court may directly impose a community control sanction upon an offender, which may include a residential community control sanction under R.”
State v. Williams, 2016 Ohio 733 (Ohio Ct. App. 2016). · cites it 3× “22(C) provides that “[a] court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that…”
State v. Thadur, 2016 Ohio 417 (Ohio Ct. App. 2016). · cites it 4× “28 of the Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code.”
State v. Neville, 2019 Ohio 151 (Ohio Ct. App. 2019). · cites it 3× “It further argued that "[w]hen a defendant repeatedly fails on community control, which is common, the court has to have the prison option available," otherwise "the defendant could in effect ignore the judge, knowing that the court does not have the prison option.”
State v. Henry, 2016 Ohio 680 (Ohio Ct. App. 2016). · cites it 4× “25(A)(1)(b) authorizes courts to “[i]mpose a jail term under section 2929.24 of the Revised Code from the range of jail terms authorized under that section for the offense, suspend all or a portion of the jail term imposed, and place the offender under a community control…”
Conneaut v. Pushic, 2025 Ohio 1783 (Ohio Ct. App. 2025). · cites it 7× ““[A] court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code.”
State v. Nuby, 2016 Ohio 8157 (Ohio Ct. App. 2016). · cites it 2× “Unless a specific sentence is required, a court that imposes a sentence upon an offender for a misdemeanor may impose any sanction or combination of sanctions under R.C. 2929.24 through 2929.28. R.C. 2929.22(A).”
State v. Nolan, 2016 Ohio 2985 (Ohio Ct. App. 2016). · cites it 5× “25 expressly authorizes a court to “[i]mpose a jail term under section 2929.24 of the Revised Code from the range of jail terms authorized under that section for the offense, suspend all or a portion of the jail term imposed, and place the offender under a community control…”
State v. Pope, 2014 Ohio 2864 (Ohio Ct. App. 2014). · cites it 5× “” 4 {¶11} While the trial court sentenced Pope to the maximum jail term permitted under R.C. 2929.24 for his offense, the trial court suspended a portion of that sentence.”
State v. Fluhart, 2021 Ohio 2153 (Ohio Ct. App. 2021). · cites it 4× “R.C. 2929.24(A)(1); R.C. 2929.24(A)(2). Accordingly, Fluhart's offenses were "petty offenses," and Crim.”
Show all 373 citing cases →
— Ohio Rev. Code § 2929.24(A) — 15 cases
State v. Florence, 2014 Ohio 2337 (Ohio Ct. App. 2014).
State v. Cooper, 2016 Ohio 4730 (Ohio Ct. App. 2016).
State v. Norman, 2014 Ohio 5084 (Ohio Ct. App. 2014).
State v. Briggs, 2017 Ohio 686 (Ohio Ct. App. 2017).
State v. Dahms, 2019 Ohio 3124 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2929.24(A)(1) — 189 cases
State v. Jones, 877 N.E.2d 677 (Ohio 2007).
State v. Conant, 2020 Ohio 4319 (Ohio Ct. App. 2020).
State v. Estridge, 2022 Ohio 208 (Ohio Ct. App. 2022).
State v. Jones, 2012 Ohio 6150 (Ohio Ct. App. 2012).
State v. Williams, 2016 Ohio 733 (Ohio Ct. App. 2016). “22(C) provides that “[a] court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that…”
— Ohio Rev. Code § 2929.24(A)(1)(2) — 1 case
State v. Bodnar, 2013 Ohio 1115 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2929.24(A)(1)(b) — 1 case
State v. Henry, 2016 Ohio 680 (Ohio Ct. App. 2016). “25(A)(1)(b) authorizes courts to “[i]mpose a jail term under section 2929.24 of the Revised Code from the range of jail terms authorized under that section for the offense, suspend all or a portion of the jail term imposed, and place the offender under a community control…”
— Ohio Rev. Code § 2929.24(A)(2) — 30 cases
State v. Fluhart, 2021 Ohio 2153 (Ohio Ct. App. 2021). “R.C. 2929.24(A)(1); R.C. 2929.24(A)(2). Accordingly, Fluhart's offenses were "petty offenses," and Crim.”
Cleveland v. Goodman, 2020 Ohio 2713 (Ohio Ct. App. 2020).
State v. Thadur, 2016 Ohio 417 (Ohio Ct. App. 2016). “28 of the Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code.”
State v. Glowney & Glowney, 2019 Ohio 3390 (Ohio Ct. App. 2019).
State v. Fluhart, 2021 Ohio 3560 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.24(A)(3) — 14 cases
State v. Maggette, 2016 Ohio 5554 (Ohio Ct. App. 2016). “A court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the…”
State v. Zappa, 2022 Ohio 243 (Ohio Ct. App. 2022). “25(A)(1)(a), a trial court may directly impose a community control sanction upon an offender, which may include a residential community control sanction under R.”
Garfield Hts. v. Williams, 2016 Ohio 381 (Ohio Ct. App. 2016).
State v. Adhikari, 2017 Ohio 460 (Ohio Ct. App. 2017).
State v. Veite, 2021 Ohio 290 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.24(A)(4) — 39 cases
Miamisburg v. Hanson, 2016 Ohio 964 (Ohio Ct. App. 2016).
Kinkus v. Vill. of Yorkville, 289 F. App'x 86 (6th Cir. 2008).
State v. Coll, 2017 Ohio 7270 (Ohio Ct. App. 2017).
State v. Rivera, 2021 Ohio 1343 (Ohio Ct. App. 2021).
State v. Cowen, 854 N.E.2d 579 (Ohio Ct. App. 2006).
— Ohio Rev. Code § 2929.24(B)(1) — 5 cases
Miamisburg v. Hanson, 2016 Ohio 964 (Ohio Ct. App. 2016).
State v. Roweton, 2025 Ohio 2027 (Ohio Ct. App. 2025).
State v. Shaffer, 2026 Ohio 2042 (Ohio Ct. App. 2026).
State v. Faircloth, 2011 Ohio 3727 (Ohio Ct. App. 2011).
State v. Hoffman, 2017 Ohio 7584 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2929.24(B)(1)(b) — 1 case
State v. Odums, 2026 Ohio 2171 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2929.24(B)(3) — 1 case
State v. Neville, 2019 Ohio 151 (Ohio Ct. App. 2019). “It further argued that "[w]hen a defendant repeatedly fails on community control, which is common, the court has to have the prison option available," otherwise "the defendant could in effect ignore the judge, knowing that the court does not have the prison option.”
— Ohio Rev. Code § 2929.24(C) — 2 cases
State v. Neville, 2019 Ohio 151 (Ohio Ct. App. 2019). “It further argued that "[w]hen a defendant repeatedly fails on community control, which is common, the court has to have the prison option available," otherwise "the defendant could in effect ignore the judge, knowing that the court does not have the prison option.”
State v. Shannon, 2020 Ohio 5511 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.24(C)(4) — 4 cases
State v. Sands, 2016 Ohio 7150 (Ohio Ct. App. 2016).
State v. Bryan, 2017 Ohio 1532 (Ohio Ct. App. 2017).
State v. Kaufmann, 2022 Ohio 3487 (Ohio Ct. App. 2022).
State v. Edding, 2021 Ohio 3477 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.24(C)(4)(a) — 1 case
State v. Edding, 2021 Ohio 3477 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2929.24(H) — 8 cases
State v. Floyd, 2018 Ohio 5107 (Ohio Ct. App. 2018). “25, while misdemeanor jail terms are governed by R.C. 2929.24—both of which were rewritten effective January 1, 2004.”
State v. Zappa, 2022 Ohio 243 (Ohio Ct. App. 2022). “25(A)(1)(a), a trial court may directly impose a community control sanction upon an offender, which may include a residential community control sanction under R.”
State v. Jones, 2020 Ohio 1273 (Ohio Ct. App. 2020).
In re A.R.H., 2019 Ohio 1325 (Ohio Ct. App. 2019).
State v. Snell, 2019 Ohio 2251 (Ohio Ct. App. 2019).
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