(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, 158 Ohio St. 3d 462.
State v. Braden (Slip Opinion), 2019-Ohio-4204, 158 Ohio St. 3d 462. · cites it 56ד2d 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, 163 N.E.3d 486. · cites it 45דIndeed, 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, 146 N.E.3d 560. · cites it 18דBecause 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, 145 N.E.3d 226. · cites it 44ד] 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, 926 N.E.2d 278. · cites it 21ד) APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No.”
State v. Taylor, 2017-Ohio-9270, 102 N.E.3d 1101. · cites it 58דR.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, 817 N.E.2d 393 (Ohio 2004). · cites it 14ד14 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, 7 N.E.3d 1188. · cites it 20דThey 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 10דFinally, 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. · cites it 10דClay 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, 131 Ohio St. 3d 297. · cites it 12דHowever, 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, 96 N.E.3d 925. · cites it 16דEffective 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.”
State v. Joseph, 2010-Ohio-954, 926 N.E.2d 278. “) APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No.”
State v. Taylor (Slip Opinion), 2020-Ohio-3514, 163 N.E.3d 486. “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. Smith, 2012-Ohio-781, 131 Ohio St. 3d 297. “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, 817 N.E.2d 393 (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. “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. Davis (Slip Opinion), 2020-Ohio-309, 146 N.E.3d 560. “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, 7 N.E.3d 1188. “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, 817 N.E.2d 393 (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. Taylor (Slip Opinion), 2020-Ohio-3514, 163 N.E.3d 486. “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, 163 N.E.3d 486. “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. 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, 163 N.E.3d 486. “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. Smith, 2012-Ohio-781, 131 Ohio St. 3d 297. “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. Braden (Slip Opinion), 2019-Ohio-4204, 158 Ohio St. 3d 462. “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, 163 N.E.3d 486. “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, 145 N.E.3d 226. “] 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, 146 N.E.3d 560. “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, 102 N.E.3d 1101. “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.”
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