Ohio Rev. Code » Chapter 2929
Ohio Revised Code

Ohio Rev. Code § 2929.34 (2026)

Where imprisonment to be served

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A) A person who is convicted of or pleads guilty to aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of life imprisonment or a prison term pursuant to that conviction shall serve that term in an institution under the control of the department of rehabilitation and correction.

(B)(1) A person who is convicted of or pleads guilty to a felony other than aggravated murder, murder, or an offense punishable by life imprisonment and who is sentenced to a term of imprisonment or a prison term pursuant to that conviction shall serve that term as follows:

(a) Subject to divisions (B)(1)(b), (B)(2), and (B)(3) of this section, in an institution under the control of the department of rehabilitation and correction if the term is a prison term or as otherwise determined by the sentencing court pursuant to section 2929.16 of the Revised Code if the term is not a prison term;

(b) In a facility of a type described in division (G)(1) of section 2929.13 of the Revised Code, if the offender is sentenced pursuant to that division.

(2) If the term is a prison term, the person may be imprisoned in a jail that is not a minimum security jail pursuant to agreement under section 5120.161 of the Revised Code between the department of rehabilitation and correction and the local authority that operates the jail.

(3)(a) As used in divisions (B)(3)(a) to (d) of this section, "voluntary county" means any county in which the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county enter into an agreement of the type described in division (B)(3)(b) of this section and in which the agreement has not been terminated as described in that division.

(b)(i) In any voluntary county, the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county may agree to having the county participate in the targeted community alternatives to prison (T-CAP) program for prisoners who serve a term in a facility pursuant to division (B)(3)(c) of this section by submitting a memorandum of understanding, either as a single county or jointly with other counties, to the department of rehabilitation and correction for approval, pursuant to section 5149.38 of the Revised Code. A board of county commissioners and an administrative judge of a court of common pleas that enter into an agreement of the type described in this division may terminate the agreement, but a termination under this division shall take effect only at the end of the state fiscal biennium in which the termination decision is made.

(ii) The department of rehabilitation and correction shall establish deadlines for a voluntary county to indicate the voluntary county's participation in the targeted community alternatives to prison (T-CAP) program before each state fiscal biennium.

(iii) In reviewing a submitted memorandum of understanding for approval, the department of rehabilitation and correction shall prioritize a voluntary county that has previously been a voluntary county. The department of rehabilitation and correction may review a memorandum of understanding for a new voluntary county if the general assembly has appropriated sufficient funds for that purpose.

(c) Except as provided in division (B)(3)(d) of this section, in any voluntary county, either division (B)(3)(c)(i) or divisions (B)(3)(c)(i) and (ii) of this section shall apply:

(i) On and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fifth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. The person shall instead serve the sentence as a term of confinement in a facility of a type described in division (C) or (D) of this section.

(ii) On and after September 1, 2022, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fourth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. The person shall instead serve the sentence as a term of confinement in a facility of a type described in division (C) or (D) of this section.

Nothing in this division relieves the state of its obligation to pay for the cost of confinement of the person in a community-based correctional facility under division (D) of this section.

(d) Division (B)(3)(c) of this section does not apply to any person to whom any of the following apply:

(i) The felony of the fourth or fifth degree was an offense of violence, as defined in section 2901.01 of the Revised Code, a sex offense under Chapter 2907. of the Revised Code, a violation of section 2925.03 of the Revised Code, or any offense for which a mandatory prison term is required.

(ii) The person previously has been convicted of or pleaded guilty to any felony offense of violence, as defined in section 2901.01 of the Revised Code, unless the felony of the fifth degree for which the person is being sentenced is a violation of division (I)(1) of section 2903.43 of the Revised Code.

(iii) The person previously has been convicted of or pleaded guilty to any felony sex offense under Chapter 2907. of the Revised Code.

(iv) The person's sentence is required to be served concurrently to any other sentence imposed upon the person for a felony that is required to be served in an institution under the control of the department of rehabilitation and correction.

(C) A person who is convicted of or pleads guilty to one or more misdemeanors and who is sentenced to a jail term or term of imprisonment pursuant to the conviction or convictions shall serve that term in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse; in a community alternative sentencing center or district community alternative sentencing center when authorized by section 307.932 of the Revised Code; or, if the misdemeanor or misdemeanors are not offenses of violence, in a minimum security jail.

(D) Nothing in this section prohibits the commitment, referral, or sentencing of a person who is convicted of or pleads guilty to a felony to a community-based correctional facility.

Last updated August 4, 2023 at 11:38 AM

Notes of Decisions
Cited in 33 cases (20 in the last 5 years), 2008–2026 · leading case: State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021).
Sort: Relevance Newest Treatment
State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021). · cites it 4× “Rather, “[a]n issue lacks arguable merit if, on the facts and law involved, no responsible contention can be 1 R.C. 2929.34(B)(3)(c) governs TCAP and provides that on and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term…”
State v. Espinoza, 2022 Ohio 1807 (Ohio Ct. App. 2022). · cites it 8× “{¶8} In his first assignment of error, Espinoza argues that the trial court imposed his sentence in contravention of R.C. 2929.34. Specifically, Espinoza contends that the trial court should have ordered that he serve his 12-month prison term in an institution under the control…”
State v. Arthurs, 2021 Ohio 3296 (Ohio Ct. App. 2021). · cites it 5× “Defense trial counsel argued appellant was a Targeted Community Alternatives to Prison (“TCAP”) offender pursuant to R.C. 2929.34. The trial court disagreed, found appellant was not a TCAP offender, and imposed a prison term of 8 months upon Count II.”
State v. Curry, 2018 Ohio 4771 (Ohio Ct. App. 2018). · cites it 3× “, CONCURRING IN JUDGMENT ONLY: 8 R.C. 2929.34 lists the type of institutions where the term of imprisonment can be served and house arrest is not listed.”
State v. Pope, 2019 Ohio 4100 (Ohio Ct. App. 2019). · cites it 3× “-4- {¶ 5} Turning to the first potential assignment of error, House Bill 49, codified at R.C. 2929.34, requires that when a defendant is sentenced to prison from certain counties for certain fifth-degree felonies, the prison term will not be served in an institution under ODRC’s…”
State v. Highley, 2019 Ohio 5177 (Ohio Ct. App. 2019). · cites it 4× “2019 CA 00086 5 {¶13} “House Bill 49, codified at R.C. 2929.34, requires that when a defendant is sentenced to prison from certain counties for certain fifth-degree felonies, the prison term will not be served in an institution under ODRC's control; instead, the sentence will be…”
State v. Patterson, 2021 Ohio 3959 (Ohio Ct. App. 2021). · cites it 2× “The court additionally specified that this time would be served in the Butler County jail pursuant to R.C. 2929.34. {¶4} The judgment entry informed Patterson that he could be subject to up to a maximum of three years of postrelease control upon his release from incarceration.”
State v. Curtis, 2022 Ohio 1691 (Ohio Ct. App. 2022). “24(A)(1); R.C. 2929.34(C); State v. Leach, 6th Dist.”
State v. Howard, 2022 Ohio 3394 (Ohio Ct. App. 2022). · cites it 4× “{¶5} The trial court imposed a prison term of 8 months and ordered appellant to serve her sentence at the Licking County Justice Center pursuant to R.C. 2929.34(B). {¶6} Appellant now appeals from the judgment entry of her conviction and sentence.”
State v. Waggoner, 2020 Ohio 212 (Ohio Ct. App. 2020). · cites it 6× “Sentencing limitations of R.C. 2929.34(B)(3)(c) {¶ 17} Waggoner next contends that the prison term imposed by the trial court “was prohibited under R.”
State v. Hamm, 2016 Ohio 2938 (Ohio Ct. App. 2016). “221 (now R.C. 2929.34). This court reversed the sentence and remanded for resentencing, finding that the trial court was required to sentence the defendant to one to five years on the involuntary manslaughter count consecutive to the sentence on the firearm specification.”
Hill v. Sheets, 627 F. Supp. 2d 810 (S.D. Ohio 2008). · cites it 2× “ce imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multi-county, municipal, municipal-county, or multi-county-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, a…”
Show all 33 citing cases →
— Ohio Rev. Code § 2929.34(A) — 1 case
State v. Paul, 2025 Ohio 2203 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.34(B) — 1 case
State v. Howard, 2022 Ohio 3394 (Ohio Ct. App. 2022). “{¶5} The trial court imposed a prison term of 8 months and ordered appellant to serve her sentence at the Licking County Justice Center pursuant to R.C. 2929.34(B). {¶6} Appellant now appeals from the judgment entry of her conviction and sentence.”
— Ohio Rev. Code § 2929.34(B)(2) — 2 cases
State v. Salazar, 2023 Ohio 567 (Ohio Ct. App. 2023).
State v. Chuppa, 2022 Ohio 4461 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2929.34(B)(3) — 2 cases
State v. Pigg, 2026 Ohio 375 (Ohio Ct. App. 2026).
State v. Black, 2025 Ohio 5261 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.34(B)(3)(a) — 2 cases
State v. Highley, 2019 Ohio 5177 (Ohio Ct. App. 2019). “2019 CA 00086 5 {¶13} “House Bill 49, codified at R.C. 2929.34, requires that when a defendant is sentenced to prison from certain counties for certain fifth-degree felonies, the prison term will not be served in an institution under ODRC's control; instead, the sentence will be…”
State v. Howard, 2022 Ohio 3394 (Ohio Ct. App. 2022). “{¶5} The trial court imposed a prison term of 8 months and ordered appellant to serve her sentence at the Licking County Justice Center pursuant to R.C. 2929.34(B). {¶6} Appellant now appeals from the judgment entry of her conviction and sentence.”
— Ohio Rev. Code § 2929.34(B)(3)(c) — 12 cases
State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021). “Rather, “[a]n issue lacks arguable merit if, on the facts and law involved, no responsible contention can be 1 R.C. 2929.34(B)(3)(c) governs TCAP and provides that on and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term…”
State v. Arthurs, 2021 Ohio 3296 (Ohio Ct. App. 2021). “Defense trial counsel argued appellant was a Targeted Community Alternatives to Prison (“TCAP”) offender pursuant to R.C. 2929.34. The trial court disagreed, found appellant was not a TCAP offender, and imposed a prison term of 8 months upon Count II.”
State v. Espinoza, 2022 Ohio 1807 (Ohio Ct. App. 2022). “{¶8} In his first assignment of error, Espinoza argues that the trial court imposed his sentence in contravention of R.C. 2929.34. Specifically, Espinoza contends that the trial court should have ordered that he serve his 12-month prison term in an institution under the control…”
State v. Patterson, 2021 Ohio 3959 (Ohio Ct. App. 2021). “The court additionally specified that this time would be served in the Butler County jail pursuant to R.C. 2929.34. {¶4} The judgment entry informed Patterson that he could be subject to up to a maximum of three years of postrelease control upon his release from incarceration.”
State v. Waggoner, 2020 Ohio 212 (Ohio Ct. App. 2020). “Sentencing limitations of R.C. 2929.34(B)(3)(c) {¶ 17} Waggoner next contends that the prison term imposed by the trial court “was prohibited under R.”
— Ohio Rev. Code § 2929.34(B)(3)(c)(i) — 4 cases
State v. Pigg, 2026 Ohio 375 (Ohio Ct. App. 2026).
State v. Bankston, 2026 Ohio 580 (Ohio Ct. App. 2026).
State v. Salazar, 2023 Ohio 567 (Ohio Ct. App. 2023).
State v. Black, 2025 Ohio 5261 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.34(B)(3)(d) — 4 cases
State v. Pope, 2019 Ohio 4100 (Ohio Ct. App. 2019). “-4- {¶ 5} Turning to the first potential assignment of error, House Bill 49, codified at R.C. 2929.34, requires that when a defendant is sentenced to prison from certain counties for certain fifth-degree felonies, the prison term will not be served in an institution under ODRC’s…”
State v. Espinoza, 2022 Ohio 1807 (Ohio Ct. App. 2022). “{¶8} In his first assignment of error, Espinoza argues that the trial court imposed his sentence in contravention of R.C. 2929.34. Specifically, Espinoza contends that the trial court should have ordered that he serve his 12-month prison term in an institution under the control…”
State v. Townsend, 2021 Ohio 2702 (Ohio Ct. App. 2021).
State v. Miller, 2025 Ohio 4387 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2929.34(B)(3)(d)(i) — 1 case
State v. Shannon, 2020 Ohio 5511 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2929.34(B)(3)(d)(ii) — 5 cases
State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021). “Rather, “[a]n issue lacks arguable merit if, on the facts and law involved, no responsible contention can be 1 R.C. 2929.34(B)(3)(c) governs TCAP and provides that on and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term…”
State v. Pope, 2019 Ohio 4100 (Ohio Ct. App. 2019). “-4- {¶ 5} Turning to the first potential assignment of error, House Bill 49, codified at R.C. 2929.34, requires that when a defendant is sentenced to prison from certain counties for certain fifth-degree felonies, the prison term will not be served in an institution under ODRC’s…”
State v. Espinoza, 2022 Ohio 1807 (Ohio Ct. App. 2022). “{¶8} In his first assignment of error, Espinoza argues that the trial court imposed his sentence in contravention of R.C. 2929.34. Specifically, Espinoza contends that the trial court should have ordered that he serve his 12-month prison term in an institution under the control…”
State v. Arthurs, 2021 Ohio 3296 (Ohio Ct. App. 2021). “Defense trial counsel argued appellant was a Targeted Community Alternatives to Prison (“TCAP”) offender pursuant to R.C. 2929.34. The trial court disagreed, found appellant was not a TCAP offender, and imposed a prison term of 8 months upon Count II.”
State v. Waggoner, 2020 Ohio 212 (Ohio Ct. App. 2020). “Sentencing limitations of R.C. 2929.34(B)(3)(c) {¶ 17} Waggoner next contends that the prison term imposed by the trial court “was prohibited under R.”
— Ohio Rev. Code § 2929.34(B)(c)(3) — 1 case
State v. Hisel, 2023 Ohio 859 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2929.34(B)(d)(ii) — 1 case
State v. Waggoner, 2020 Ohio 212 (Ohio Ct. App. 2020). “Sentencing limitations of R.C. 2929.34(B)(3)(c) {¶ 17} Waggoner next contends that the prison term imposed by the trial court “was prohibited under R.”
— Ohio Rev. Code § 2929.34(C) — 6 cases
State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021). “Rather, “[a]n issue lacks arguable merit if, on the facts and law involved, no responsible contention can be 1 R.C. 2929.34(B)(3)(c) governs TCAP and provides that on and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term…”
State v. Curtis, 2022 Ohio 1691 (Ohio Ct. App. 2022). “24(A)(1); R.C. 2929.34(C); State v. Leach, 6th Dist.”
State v. Espinoza, 2022 Ohio 1807 (Ohio Ct. App. 2022). “{¶8} In his first assignment of error, Espinoza argues that the trial court imposed his sentence in contravention of R.C. 2929.34. Specifically, Espinoza contends that the trial court should have ordered that he serve his 12-month prison term in an institution under the control…”
State v. Arthurs, 2021 Ohio 3296 (Ohio Ct. App. 2021). “Defense trial counsel argued appellant was a Targeted Community Alternatives to Prison (“TCAP”) offender pursuant to R.C. 2929.34. The trial court disagreed, found appellant was not a TCAP offender, and imposed a prison term of 8 months upon Count II.”
State v. Howard, 2022 Ohio 3394 (Ohio Ct. App. 2022). “{¶5} The trial court imposed a prison term of 8 months and ordered appellant to serve her sentence at the Licking County Justice Center pursuant to R.C. 2929.34(B). {¶6} Appellant now appeals from the judgment entry of her conviction and sentence.”
— Ohio Rev. Code § 2929.34(K) — 1 case
Huegemann v. VanBakel, 2014 Ohio 1888 (Ohio Ct. App. 2014).
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