(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.
State v. Ellis, 2013-Ohio-1184. · cites it 4ד{¶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 4דMoreover, 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 2דreports submitted to the court, pursuant to Section 2947.06 of the Revised Code. Copies.”
State v. McAlpin, 2022-Ohio-1567, 204 N.E.3d 459. “” {¶ 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 2דSiddall, 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 2ד*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, 116 N.E.3d 121. · cites it 2ד8 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. · cites it 3דThis 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, 155 N.E.3d 867. “See also R.C. 2947.06. Specifically, he relies on one sentence within R.”
State v. Gaspareno, 2016-Ohio-990. · cites it 2ד08, section 2947.06, or another section of the Revised Code.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 12th Dist. 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.”
State v. Ellis, 2013-Ohio-1184. “{¶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. “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. 1st Dist. 2003).
State v. Anderson, 172 Ohio App. 3d 603 (Ohio Ct. App. 11th Dist. 2007).
State v. McAlpin, 2022-Ohio-1567, 204 N.E.3d 459. “” {¶ 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. “{¶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, 116 N.E.3d 121. “8 alleges a violation of R.C. 2947.06(B), which concerns the appointment of psychologists and psychiatrists to assist the court at sentencing.”
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