Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.26 (2026)

Community residential sanctions - misdemeanor

✓ current as of May 2026
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Effective:
September 19, 2014
Latest Legislation:
Senate Bill 143 - 130th General Assembly
PDF:
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(A) Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any community residential sanction or combination of community residential sanctions under this section. Community residential sanctions include, but are not limited to, the following:

(1) A term of up to one hundred eighty days in a halfway house or community-based correctional facility or a term in a halfway house or community-based correctional facility not to exceed the longest jail term available for the offense, whichever is shorter, if the political subdivision that would have responsibility for paying the costs of confining the offender in a jail has entered into a contract with the halfway house or community-based correctional facility for use of the facility for misdemeanor offenders;

(2) If the offender is an eligible offender, as defined in section 307.932 of the Revised Code, a term in a community alternative sentencing center or district community alternative sentencing center established and operated in accordance with that section, in the circumstances specified in that section, with one of the conditions of the sanction being that the offender successfully complete the portion of the sentence to be served in the center.

(B) A sentence to a community residential sanction under division (A)(2) of this section shall be in accordance with section 307.932 of the Revised Code. In all other cases, the court that sentences an offender to a community residential sanction under this section may do either or both of the following:

(1) Permit the offender to serve the offender's sentence in intermittent confinement, overnight, on weekends or at any other time or times that will allow the offender to continue at the offender's occupation or care for the offender's family;

(2) Authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court. 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) The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (B) of this section be applied to any financial sanction imposed under section 2929.28 of the Revised Code.

(D) No court shall sentence any person to a prison term for a misdemeanor or minor misdemeanor or to a jail term for a minor misdemeanor.

(E) If a court sentences a person who has been convicted of or pleaded guilty to a misdemeanor 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 halfway house, community alternative sentencing center, district community alternative sentencing center, 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 halfway house, community alternative sentencing center, district community alternative sentencing center, 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 halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction may cause a convicted offender in the halfway house, community alternative sentencing center, district community alternative sentencing center, 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.

(F) A political subdivision may enter into a contract with a halfway house for use of the halfway house to house misdemeanor offenders under a sanction imposed under division (A)(1) of this section.
Notes of Decisions
Cited in 62 cases (28 in the last 5 years), 2005–2026 · leading case: State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011).
Sort: Relevance Newest Treatment
State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011). · cites it 3× “R.C. 2929.26 to 2929.28. The total time of all community-control sanctions imposed for a misdemeanor offense may not exceed *643 five years.”
State v. Zappa, 2022 Ohio 243 (Ohio Ct. App. 2022). · cites it 2× “{¶36} A trial court also has the discretion to “substitute one or more community control sanctions under [R.C. 2929.26] or [R.C. 2929.27] for any jail days that are not mandatory jail days.”
State v. Floyd, 2018 Ohio 5107 (Ohio Ct. App. 2018). · cites it 2× “If a trial court sentences an offender to any community-control sanction or combination of community-control sanctions authorized under R.C. 2929.26, 2929.27, or 2929.28, the sentencing court retains jurisdiction over the offender for the duration of the sanctions imposed.”
State v. Smith, 2013 Ohio 1698 (Ohio 2013). · cites it 2× “214, not R.C. 2929.26, as the lower courts stated.”
Walton Hills v. Olesinski, 2020 Ohio 5618 (Ohio Ct. App. 2020). · cites it 3× “28; or (2) impose a jail sentence, suspend some or all of that sentence, and place the offender under a community-control sanction or combination of community-control sanctions authorized under R.C. 2929.26, 2929.27, or 2929.28. R.C. 2929.”
State v. Henry, 2016 Ohio 680 (Ohio Ct. App. 2016). · cites it 2× “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 sanction or a combination of community control sanctions authorized under…”
State v. Cintron, 2022 Ohio 305 (Ohio Ct. App. 2022). · cites it 2× “28; or (2) impose a jail sentence, suspend some or all of that sentence, and place the offender under a community-control sanction or combination of community-control sanctions authorized under R.C. 2929.26, 2929.27, or 2929.28. R.C. 2929.”
State v. Geiger, 862 N.E.2d 914 (Ohio Ct. App. 2006). · cites it 4× “25(A)(1), when sentencing an offender for a misdemeanor when a jail term is not required by law, the sentencing court may do either of the following: (a) Directly impose a sentence that consists of one or more community control sanctions authorized by section 2929.26, 2929.27,…”
State v. Thomas, 2024 Ohio 5662 (Ohio Ct. App. 2024). · cites it 6× “Community control sanctions may be residential under R.C. 2929.26, nonresidential under R.C. 2929.”
Cleveland v. S.W. Invests., L.L.C., 2024 Ohio 1271 (Ohio Ct. App. 2024). · cites it 2× “The statute provides a trial court with two options when sentencing a misdemeanor offender: (1) directly impose a sentence that consists of one or more community- control sanctions authorized by R.C. 2929.26, 2929.27, or 2929.28; or (2) impose a jail sentence, suspend some or…”
State v. Barnes, 2022 Ohio 1738 (Ohio Ct. App. 2022). · cites it 4× “In imposing community control, a trial court may: (a) Directly impose a sentence that consists of one or more community control sanctions authorized by section 2929.26, 2929.27, or 2929.28 of the Revised Code.”
State v. Ogle, 2013 Ohio 3420 (Ohio Ct. App. 2013). · cites it 2× “19 of the Revised Code or a sanction that is not a jail term and that is described in section 2929.26, 2929.27, or 2929.28 of the Revised Code.”
Show all 62 citing cases →
— Ohio Rev. Code § 2929.26(A) — 1 case
State v. Ferrelli, 2026 Ohio 750 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2929.26(A)(1) — 5 cases
State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011). “R.C. 2929.26 to 2929.28. The total time of all community-control sanctions imposed for a misdemeanor offense may not exceed *643 five years.”
State v. Zappa, 2022 Ohio 243 (Ohio Ct. App. 2022). “{¶36} A trial court also has the discretion to “substitute one or more community control sanctions under [R.C. 2929.26] or [R.C. 2929.27] for any jail days that are not mandatory jail days.”
State v. Cowen, 854 N.E.2d 579 (Ohio Ct. App. 2006).
State v. Pope, 2014 Ohio 2864 (Ohio Ct. App. 2014).
State v. Thomas, 2024 Ohio 5662 (Ohio Ct. App. 2024). “Community control sanctions may be residential under R.C. 2929.26, nonresidential under R.C. 2929.”
— Ohio Rev. Code § 2929.26(B) — 1 case
State v. Roweton, 2025 Ohio 2027 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.26(B)(1) — 1 case
State v. Hoffman, 2017 Ohio 7584 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2929.26(D) — 2 cases
State v. Ferrelli, 2026 Ohio 750 (Ohio Ct. App. 2026).
Hughley v. Se. Corr. Inst., 2011 Ohio 5332 (Ohio Ct. Cl. 2011).
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