(A) If a fine is imposed as a sentence or a part of a sentence, the court or magistrate that imposed the fine may order that the offender be committed to the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court or magistrate determines at a hearing that the offender is able, at that time, to pay the fine but refuses to do so. The hearing required by this section shall be conducted at the time of sentencing.
(B) At the hearing, the offender has the right to be represented by counsel and to testify and present evidence as to the offender's ability to pay the fine. If a court or magistrate determines after considering the evidence presented by an offender, that the offender is able to pay a fine, the determination shall be supported by findings of fact set forth in a judgment entry that indicate the offender's income, assets, and debts, as presented by the offender, and the offender's ability to pay.
(C) If the court or magistrate has found the offender able to pay a fine at a hearing conducted in compliance with divisions (A) and (B) of this section, and the offender fails to pay the fine, a warrant may be issued for the arrest of the offender. Any offender held in custody pursuant to such an arrest shall be entitled to a hearing on the first regularly scheduled court day following the date of arrest in order to inform the court or magistrate of any change of circumstances that has occurred since the time of sentencing and that affects the offender's ability to pay the fine. The right to the hearing on any change of circumstances may be waived by the offender.
At the hearing to determine any change of circumstances, the offender has the right to testify and present evidence as to any portion of the offender's income, assets, or debts that has changed in such a manner as to affect the offender's ability to pay the fine. If a court or magistrate determines, after considering any evidence presented by the offender, that the offender remains able to pay the fine, that determination shall be supported by a judgment entry that includes findings of fact upon which such a determination is based.
(D) No person shall be ordered to be committed to a jail or workhouse or otherwise be held in custody in satisfaction of a fine imposed as the whole or a part of a sentence except as provided in this section. Any person imprisoned pursuant to this section shall receive credit upon the fine at the rate of fifty dollars per day or fraction of a day. If the unpaid fine is less than fifty dollars, the person shall be imprisoned one day.
(E) No commitment pursuant to this section shall exceed six months.
Notes of Decisions
Cited in 47
cases (5 in the last 5 years), 1962–2024 · leading case: Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024).
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). · cites it 43דThe General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Meyer, 706 N.E.2d 378 (Ohio Ct. App. 1997). · cites it 15דOther courts of appeals have- rejected the construction of R.C. 2947.14 in Stevens, Wiggins, Horton, and Phinizee .”
State v. Perkins, 798 N.E.2d 646 (Ohio Ct. App. 2003). · cites it 14דThe trial court filed a decision the next day overruling Perkins’s motion, stating that it was holding Perkins on a “contempt citation for failure to appear, not for failure to pay his fines,” and therefore R.C. 2947.14 was inapplicable to the situation.”
State v. Lamb, 837 N.E.2d 833 (Ohio Ct. App. 2005). · cites it 8ד{¶ 5} In his sole assignment of error in each appeal, Lamb contends that the trial court violated the Equal Protection Clause of the Fourteenth Amendment when it jailed him for contempt rather than applying R.C. 2947.14, which addresses the incarceration of nonindigent…”
State v. Senz, 2018 Ohio 628 (Ohio Ct. App. 2018). · cites it 4ד19](B)(5), R.C. 2947.14, AND RELATED SECTIONS OF THE OHIO CONSTITUTION.”
State v. Moore, 2012 Ohio 5479 (Ohio 2012). · cites it 2דR.C. 2947.14(A) confers upon the sentencing court the power to order the offender “committed to the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court * * * determines at a hearing that the offender is…”
Disciplinary Couns. v. Carr, 2022 Ohio 3633 (Ohio 2022). · cites it 4ד” See R.C. 2947.14 (requiring a judge to conduct a full hearing regarding an offender’s ability to pay a fine—during which the offender has the right to be represented by counsel, to testify, and to present evidence—and permitting a judge to commit an offender to a jail or…”
State v. Johnson, 669 N.E.2d 483 (Ohio Ct. App. 1995). · cites it 4ד14 must be read together with R.C. 2947.14, which requires the court to conduct a hearing before imposing fines.”
City of All. v. Kelly, 548 N.E.2d 952 (Ohio Ct. App. 1988). · cites it 8דWe find upon review that the trial court did not even attempt to conform its procedures to the requirements of R.C. 2947.14 and, therefore, the term of confinement was improperly imposed.”
City of Cleveland v. Leneghan, 909 N.E.2d 148 (Ohio Ct. App. 2009). · cites it 8דHe further argues that the trial court’s failure to hold a hearing under R.C. 2947.14 regarding his ability to pay the fine imposed at the initial sentencing precludes the court from later incarcerating him for nonpayment of the fine.”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). · cites it 43דThe General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Pilgrim, 922 N.E.2d 248 (Ohio Ct. App. 2009). “18(B)(1), R.C. 2947.14, and related Sections of the Ohio Constitution.”
State v. Meyer, 706 N.E.2d 378 (Ohio Ct. App. 1997). “Other courts of appeals have- rejected the construction of R.C. 2947.14 in Stevens, Wiggins, Horton, and Phinizee .”
State v. Moore, 2012 Ohio 5479 (Ohio 2012). “R.C. 2947.14(A) confers upon the sentencing court the power to order the offender “committed to the jail or workhouse until the fine is paid or secured to be paid, or the offender is otherwise legally discharged, if the court * * * determines at a hearing that the offender is…”
State v. Senz, 2018 Ohio 628 (Ohio Ct. App. 2018). “19](B)(5), R.C. 2947.14, AND RELATED SECTIONS OF THE OHIO CONSTITUTION.”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Perkins, 798 N.E.2d 646 (Ohio Ct. App. 2003). “The trial court filed a decision the next day overruling Perkins’s motion, stating that it was holding Perkins on a “contempt citation for failure to appear, not for failure to pay his fines,” and therefore R.C. 2947.14 was inapplicable to the situation.”
— Ohio Rev. Code § 2947.14(B) — 7 cases
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Meyer, 706 N.E.2d 378 (Ohio Ct. App. 1997). “Other courts of appeals have- rejected the construction of R.C. 2947.14 in Stevens, Wiggins, Horton, and Phinizee .”
City of All. v. Kelly, 548 N.E.2d 952 (Ohio Ct. App. 1988). “We find upon review that the trial court did not even attempt to conform its procedures to the requirements of R.C. 2947.14 and, therefore, the term of confinement was improperly imposed.”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Perkins, 798 N.E.2d 646 (Ohio Ct. App. 2003). “The trial court filed a decision the next day overruling Perkins’s motion, stating that it was holding Perkins on a “contempt citation for failure to appear, not for failure to pay his fines,” and therefore R.C. 2947.14 was inapplicable to the situation.”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
— Ohio Rev. Code § 2947.14(D) — 8 cases
State v. Lamb, 837 N.E.2d 833 (Ohio Ct. App. 2005). “{¶ 5} In his sole assignment of error in each appeal, Lamb contends that the trial court violated the Equal Protection Clause of the Fourteenth Amendment when it jailed him for contempt rather than applying R.C. 2947.14, which addresses the incarceration of nonindigent…”
Disciplinary Couns. v. Hoover, 2024 Ohio 4608 (Ohio 2024). “The General Assembly has set forth a procedure in R.C. 2947.14 by which offenders may be incarcerated for failing to pay their fines.”
State v. Perkins, 798 N.E.2d 646 (Ohio Ct. App. 2003). “The trial court filed a decision the next day overruling Perkins’s motion, stating that it was holding Perkins on a “contempt citation for failure to appear, not for failure to pay his fines,” and therefore R.C. 2947.14 was inapplicable to the situation.”
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