Ohio Rev. Code » Chapter 2947
Ohio Revised Code

Ohio Rev. Code § 2947.06 (2026)

Testimony in mitigation - presentence investigation report - psychologist's or psychiatrist's reports

✓ current as of May 2026
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Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
PDF:
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(A)(1) The trial court may hear testimony in mitigation of a sentence at the term of conviction or plea or at the next term. The prosecuting attorney may offer testimony on behalf of the state to give the court a true understanding of the case. The court shall determine whether sentence should immediately be imposed. The court on its own motion may direct the department of probation of the county in which the defendant resides, or its own regular probation officer, to make any inquiries and presentence investigation reports that the court requires concerning the defendant.

(2) The provisions of section 2951.03 of the Revised Code shall govern the preparation of, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of a presentence investigation report prepared pursuant to division (A)(1) of this section.

(B) The court may appoint not more than two psychologists or psychiatrists to make any reports concerning the defendant that the court requires for the purpose of determining the disposition of the case. Each psychologist or psychiatrist shall receive a fee to be fixed by the court and taxed in the costs of the case. The psychologist's or psychiatrist's reports shall be made in writing, in open court, and in the presence of the defendant, except in misdemeanor cases in which sentence may be pronounced in the absence of the defendant. A copy of each report of a psychologist or psychiatrist may be furnished to the defendant, if present, who may examine the persons making the report, under oath, as to any matter or thing contained in the report.
Notes of Decisions
Cited in 79 cases (20 in the last 5 years), 1954–2026 · leading case: State v. Ellis, 2013 Ohio 1184 (Ohio Ct. App. 2013).
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State v. Ellis, 2013 Ohio 1184 (Ohio Ct. App. 2013). · cites it 4× “{¶42} R.C. 2947.06 permits a trial court to order a PSI or psychological report to aid the court in sentencing.”
McGautha v. California, 402 U.S. 183 (1971). · cites it 4× “Moreover, Ohio Rev. Code Ann. § 2947.06 (Supp. 1970) expressly permits a trial court to "hear testimony of mitigation of a sentence at the term of conviction or plea.”
State v. Bayless, 357 N.E.2d 1035 (Ohio 1976). · cites it 2× “reports submitted to the court, pursuant to Section 2947.06 of the Revised Code. Copies.”
State v. McAlpin, 2022 Ohio 1567 (Ohio 2022). “” {¶ 281} At McAlpin’s request, the trial court referred him to the Court Psychiatric Clinic pursuant to R.C. 2947.06(B) for an evaluation of mitigating factors.”
John Glenn v. Arthur Tate, Jr., Warden, 71 F.3d 1204 (6th Cir. 1996). · cites it 2× “Siddall, a psychologist, were appointed by the trial court to evaluate John Glenn under Ohio Rev.Code § 2947.06, the statute cited by the prosecution.”
State v. Hutton, 559 N.E.2d 432 (Ohio 1990). · cites it 2× “*43 However, the statute requires that a PSI be made if the defendant requests it “pursuant to section 2947.06 of the Revised Code. * * *” R.”
State ex rel. Hunter v. Binette (Slip Opinion), 2018 Ohio 2681 (Ohio 2018). · cites it 2× “8 alleges a violation of R.C. 2947.06(B), which concerns the appointment of psychologists and psychiatrists to assist the court at sentencing.”
State v. Reed, 2013 Ohio 3970 (Ohio Ct. App. 2013). · cites it 3× “This Court is permitted to review presentence investigation reports prepared pursuant to R.C. 2947.06. R.C. 2953.08(F)(1). {¶84} At sentencing, the trial court said that it had reviewed Reed’s prior presentence investigation report mainly for his background and criminal history,…”
State v. Madison (Slip Opinion), 2020 Ohio 3735 (Ohio 2020). “See also R.C. 2947.06. Specifically, he relies on one sentence within R.”
State v. Gaspareno, 2016 Ohio 990 (Ohio Ct. App. 2016). · cites it 2× “08, section 2947.06, or another section of the Revised Code.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). “09]; and fees of psychologists and psychiatrists [R.C. 2947.06]; etc. Id. (no statutory provision has been identified by the state as authorizing the towing and storage of the defendant’s vehicle to be assessed as costs in this proceeding, so consequently, trial court is without…”
State v. Williams, 490 N.E.2d 906 (Ohio 1986). “” The appellant failed to exercise this right and cannot now be heard on a complaint that the admission of these reports, prepared at his own request, under R.”
Show all 79 citing cases →
— Ohio Rev. Code § 2947.06(1996) — 1 case
State v. Simon, 2020 Ohio 3841 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2947.06(A) — 2 cases
Rance v. Watson, 2022 Ohio 1822 (Ohio 2022).
State v. Kish, 2026 Ohio 2409 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2947.06(A)(1) — 12 cases
State v. Ellis, 2013 Ohio 1184 (Ohio Ct. App. 2013). “{¶42} R.C. 2947.06 permits a trial court to order a PSI or psychological report to aid the court in sentencing.”
State v. Reed, 2013 Ohio 3970 (Ohio Ct. App. 2013). “This Court is permitted to review presentence investigation reports prepared pursuant to R.C. 2947.06. R.C. 2953.08(F)(1). {¶84} At sentencing, the trial court said that it had reviewed Reed’s prior presentence investigation report mainly for his background and criminal history,…”
State v. Condon, 789 N.E.2d 696 (Ohio Ct. App. 2003).
State v. Anderson, 172 Ohio App. 3d 603 (Ohio Ct. App. 2007).
State v. Ross, 2017 Ohio 675 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2947.06(B) — 18 cases
State v. McAlpin, 2022 Ohio 1567 (Ohio 2022). “” {¶ 281} At McAlpin’s request, the trial court referred him to the Court Psychiatric Clinic pursuant to R.C. 2947.06(B) for an evaluation of mitigating factors.”
State v. Ellis, 2013 Ohio 1184 (Ohio Ct. App. 2013). “{¶42} R.C. 2947.06 permits a trial court to order a PSI or psychological report to aid the court in sentencing.”
State ex rel. Hunter v. Binette (Slip Opinion), 2018 Ohio 2681 (Ohio 2018). “8 alleges a violation of R.C. 2947.06(B), which concerns the appointment of psychologists and psychiatrists to assist the court at sentencing.”
State v. Griffin, 2021 Ohio 3137 (Ohio Ct. App. 2021).
State v. Babb, 2024 Ohio 2018 (Ohio Ct. App. 2024).
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