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Ohio Revised Code

Ohio Rev. Code § 2947.23 (2026)

Costs and jury fees - community service to pay judgment

✓ 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)(1)(a) In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution, including any costs under section 2947.231 of the Revised Code, and render a judgment against the defendant for such costs. If the judge or magistrate imposes a community control sanction or other nonresidential sanction, the judge or magistrate, when imposing the sanction, shall notify the defendant of both of the following:

(i) If the defendant fails to pay that judgment or fails to timely make payments towards that judgment under a payment schedule approved by the court, the court may order the defendant to perform community service until the judgment is paid or until the court is satisfied that the defendant is in compliance with the approved payment schedule.

(ii) If the court orders the defendant to perform the community service, the defendant will receive credit upon the judgment at the specified hourly credit rate per hour of community service performed, and each hour of community service performed will reduce the judgment by that amount.

(b) The failure of a judge or magistrate to notify the defendant pursuant to division (A)(1)(a) of this section does not negate or limit the authority of the court to order the defendant to perform community service if the defendant fails to pay the judgment described in that division or to timely make payments toward that judgment under an approved payment plan.

(2) The following shall apply in all criminal cases:

(a) If a jury has been sworn at the trial of a case, the fees of the jurors shall be included in the costs, which shall be paid to the public treasury from which the jurors were paid.

(b) If a jury has not been sworn at the trial of a case because of a defendant's failure to appear without good cause or because the defendant entered a plea of guilty or no contest less than twenty-four hours before the scheduled commencement of the trial, the costs incurred in summoning jurors for that particular trial may be included in the costs of prosecution. If the costs incurred in summoning jurors are assessed against the defendant, those costs shall be paid to the public treasury from which the jurors were paid.

(B) If a judge or magistrate has reason to believe that a defendant has failed to pay the judgment described in division (A) of this section or has failed to timely make payments towards that judgment under a payment schedule approved by the judge or magistrate, the judge or magistrate shall hold a hearing to determine whether to order the offender to perform community service for that failure. The judge or magistrate shall notify both the defendant and the prosecuting attorney of the place, time, and date of the hearing and shall give each an opportunity to present evidence. If, after the hearing, the judge or magistrate determines that the defendant has failed to pay the judgment or to timely make payments under the payment schedule and that imposition of community service for the failure is appropriate, the judge or magistrate may order the offender to perform community service until the judgment is paid or until the judge or magistrate is satisfied that the offender is in compliance with the approved payment schedule. If the judge or magistrate orders the defendant to perform community service under this division, the defendant shall receive credit upon the judgment at the specified hourly credit rate per hour of community service performed, and each hour of community service performed shall reduce the judgment by that amount. Except for the credit and reduction provided in this division, ordering an offender to perform community service under this division does not lessen the amount of the judgment and does not preclude the state from taking any other action to execute the judgment.

(C) The court retains jurisdiction to waive, suspend, or modify the payment of the costs of prosecution, including any costs under section 2947.231 of the Revised Code, at the time of sentencing or at any time thereafter.

(D) As used in this section:

(1) "Case" means a prosecution of all of the charges that result from the same act, transaction, or series of acts or transactions and that are given the same case type designator and case number under Rule 43 of the Rules of Superintendence for the Courts of Ohio or any successor to that rule.

(2) "Specified hourly credit rate" means an hourly credit rate set by the judge or magistrate, which shall not be less than the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor Standards Act of 1938, that then is in effect, and that an employer subject to that provision must pay per hour to each of the employer's employees who is subject to that provision.
Notes of Decisions
Cited in 699 cases (134 in the last 5 years), 1964–2026 · leading case: State v. Braden (Slip Opinion), 2019 Ohio 4204 (Ohio 2019).
Sort: Relevance Newest Treatment
State v. Braden (Slip Opinion), 2019 Ohio 4204 (Ohio 2019). · cites it 56× “2d 278 , we acknowledged that “[d]espite the fact that former R.C. 2947.23 (like current R.C. 2947.23(A)) requires a judge to assess costs against all convicted criminal defendants, this court has held that ‘waiver of costs is permitted—but not required—if the defendant is…”
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). · cites it 45× “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
State v. Davis (Slip Opinion), 2020 Ohio 309 (Ohio 2020). · cites it 18× “Because R.C. 2947.23 costs are imposed at sentencing and because sentencing is a critical stage in which a felony offender has a right to counsel, State v.”
State v. Braden (Slip Opinion), 2018 Ohio 5079 (Ohio 2018). · cites it 44× “] Criminal law—Sentencing—R.C. 2947.23—R.C. 2947.23(C) does not authorize a trial court to waive, modify, or suspend payment of court costs imposed prior to March 22, 2013, the effective date of R.”
State v. Joseph, 2010 Ohio 954 (Ohio 2010). · cites it 21× “) APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No.”
State v. Taylor, 2017 Ohio 9270 (Ohio Ct. App. 2017). · cites it 58× “R.C. 2947.23 provides that “in all criminal cases * * * the judge or magistrate shall include in the sentence the costs of prosecution, * * * and render a judgment against the defendant for such costs.”
State v. White, 103 Ohio St. 3d 580 (Ohio 2004). · cites it 14× “14 and R.C. 2947.23, a trial court may assess court costs against an indigent defendant convicted of a felony as part of the sentence.”
Lingo v. State, 2014 Ohio 1052 (Ohio 2014). · cites it 20× “They specifically alleged that the Berea Municipal Court had impermissibly assessed costs against Glick on charges that were dismissed, in violation of R.C. 2947.23,4 that the Berea court had improperly charged certain costs on the authority of journal entries rather than court…”
State v. Threatt, 843 N.E.2d 164 (Ohio 2006). · cites it 10× “Finally, we held that while R.C. 2949.14 required a clerk of courts to attempt to collect costs from nonindigent defendants, it did not forbid the clerk to attempt to collect costs from indigent defendants.”
State v. Clay, 2016 Ohio 424 (Ohio Ct. App. 2016). · cites it 10× “Clay contends that the trial court’s failure to comply with the statutory requirements of R.C. 2947.23 renders his sentence void. Following our own precedent in State v.”
State v. Smith, 2012 Ohio 781 (Ohio 2012). · cites it 12× “However, the court did not inform Smith that if he *298 failed to pay court costs, the court could require him to perform community service pursuant to R.C. 2947.23(A)(1). {¶ 2} Smith appealed, asserting four assignments of error, including an assertion that the trial court…”
State v. Gardner, 2017 Ohio 7241 (Ohio Ct. App. 2017). · cites it 16× “Effective March 22, 2013, R.C. 2947.23 was amended such that the trial court now "retains jurisdiction to waive, suspend, or modify the payment of the costs of prosecution * * * at the time of sentencing or at any time thereafter.”
Show all 699 citing cases →
— Ohio Rev. Code § 2947.23(A) — 82 cases
State v. Smallwood, 2020 Ohio 5556 (Ohio Ct. App. 2020).
State v. Joseph, 2010 Ohio 954 (Ohio 2010). “) APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No.”
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
State v. Thomas, 2013 Ohio 5386 (Ohio Ct. App. 2013).
State v. Torrence, 2022 Ohio 3024 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2947.23(A)(1) — 178 cases
State v. Smith, 2012 Ohio 781 (Ohio 2012). “However, the court did not inform Smith that if he *298 failed to pay court costs, the court could require him to perform community service pursuant to R.C. 2947.23(A)(1). {¶ 2} Smith appealed, asserting four assignments of error, including an assertion that the trial court…”
State v. White, 103 Ohio St. 3d 580 (Ohio 2004). “14 and R.C. 2947.23, a trial court may assess court costs against an indigent defendant convicted of a felony as part of the sentence.”
State v. Clay, 2016 Ohio 424 (Ohio Ct. App. 2016). “Clay contends that the trial court’s failure to comply with the statutory requirements of R.C. 2947.23 renders his sentence void. Following our own precedent in State v.”
State v. Lux, 2012 Ohio 112 (Ohio Ct. App. 2012).
State v. Debruce, 2012 Ohio 454 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2947.23(A)(1)(A) — 4 cases
State v. Lloyd, 2015 Ohio 3636 (Ohio Ct. App. 2015).
State v. Lewis, 2014 Ohio 4559 (Ohio Ct. App. 2014).
State v. Eader, 2013 Ohio 3709 (Ohio Ct. App. 2013).
State v. Schrock, 2014 Ohio 1366 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2947.23(A)(1)(a) — 245 cases
State v. Davis (Slip Opinion), 2020 Ohio 309 (Ohio 2020). “Because R.C. 2947.23 costs are imposed at sentencing and because sentencing is a critical stage in which a felony offender has a right to counsel, State v.”
Lingo v. State, 2014 Ohio 1052 (Ohio 2014). “They specifically alleged that the Berea Municipal Court had impermissibly assessed costs against Glick on charges that were dismissed, in violation of R.C. 2947.23,4 that the Berea court had improperly charged certain costs on the authority of journal entries rather than court…”
State v. White, 103 Ohio St. 3d 580 (Ohio 2004). “14 and R.C. 2947.23, a trial court may assess court costs against an indigent defendant convicted of a felony as part of the sentence.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015).
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
— Ohio Rev. Code § 2947.23(A)(1)(a)(i) — 16 cases
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
Dibert v. Carpenter, 2018 Ohio 1054 (Ohio Ct. App. 2018).
State v. Barnard, 2020 Ohio 4858 (Ohio Ct. App. 2020).
State v. Shover, 2014 Ohio 373 (Ohio Ct. App. 2014).
State v. Goodman, 2014 Ohio 4884 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2947.23(A)(1)(a)(ii) — 1 case
State v. Torrence, 2022 Ohio 3024 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2947.23(A)(1)(b) — 14 cases
State v. Brown, 2014 Ohio 1317 (Ohio Ct. App. 2014).
State v. Florence, 2014 Ohio 2337 (Ohio Ct. App. 2014).
State v. Lane, 2014 Ohio 562 (Ohio Ct. App. 2014).
State v. Cauthen, 2015 Ohio 272 (Ohio Ct. App. 2015).
State v. Torrence, 2022 Ohio 3024 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2947.23(A)(1)(i) — 1 case
State v. Walker, 2017 Ohio 8566 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2947.23(A)(2) — 1 case
Oakwood v. Durmusoglu, 2019 Ohio 1384 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2947.23(A)(2)(a) — 4 cases
State v. Wilson, 2020 Ohio 2962 (Ohio Ct. App. 2020).
State v. Walker, 2020 Ohio 839 (Ohio Ct. App. 2020).
State v. Weathers, 2013 Ohio 1104 (Ohio Ct. App. 2013).
State v. Knight, 2025 Ohio 4498 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2947.23(A)(2)(b) — 1 case
Oakwood v. Durmusoglu, 2019 Ohio 1384 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2947.23(B) — 13 cases
State v. Threatt, 843 N.E.2d 164 (Ohio 2006). “Finally, we held that while R.C. 2949.14 required a clerk of courts to attempt to collect costs from nonindigent defendants, it did not forbid the clerk to attempt to collect costs from indigent defendants.”
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
State ex rel. Martin v. Russo (Slip Opinion), 2020 Ohio 829 (Ohio 2020).
State v. Smith, 2012 Ohio 781 (Ohio 2012). “However, the court did not inform Smith that if he *298 failed to pay court costs, the court could require him to perform community service pursuant to R.C. 2947.23(A)(1). {¶ 2} Smith appealed, asserting four assignments of error, including an assertion that the trial court…”
State v. Martin, 2021 Ohio 4213 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2947.23(C) — 200 cases
State v. Braden (Slip Opinion), 2019 Ohio 4204 (Ohio 2019). “2d 278 , we acknowledged that “[d]espite the fact that former R.C. 2947.23 (like current R.C. 2947.23(A)) requires a judge to assess costs against all convicted criminal defendants, this court has held that ‘waiver of costs is permitted—but not required—if the defendant is…”
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). “Indeed, one can imagine any number of reasons that might have motivated individual legislators to vote for the requirement—for example, to make a convicted defendant pay his fair share of the costs of his proceedings.”
State v. Braden (Slip Opinion), 2018 Ohio 5079 (Ohio 2018). “] Criminal law—Sentencing—R.C. 2947.23—R.C. 2947.23(C) does not authorize a trial court to waive, modify, or suspend payment of court costs imposed prior to March 22, 2013, the effective date of R.”
State v. Davis (Slip Opinion), 2020 Ohio 309 (Ohio 2020). “Because R.C. 2947.23 costs are imposed at sentencing and because sentencing is a critical stage in which a felony offender has a right to counsel, State v.”
State v. Taylor, 2017 Ohio 9270 (Ohio Ct. App. 2017). “R.C. 2947.23 provides that “in all criminal cases * * * the judge or magistrate shall include in the sentence the costs of prosecution, * * * and render a judgment against the defendant for such costs.”
— Ohio Rev. Code § 2947.23(D) — 1 case
State v. Duckett, 2021 Ohio 3110 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2947.23(D)(2) — 1 case
State v. Lopshire, 2019 Ohio 3427 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2947.23(a)(1)(i) — 1 case
State v. Walker, 2017 Ohio 8566 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2947.23(c) — 3 cases
State v. Huckleby, 2018 Ohio 4438 (Ohio Ct. App. 2018).
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022).
State v. Sanders, 2017 Ohio 8088 (Ohio Ct. App. 2017).
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