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Ohio Revised Code

Ohio Rev. Code § 2949.08 (2026)

Custody upon conviction - reduction of sentence for days served

✓ current as of May 2026
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Effective:
September 28, 2012
Latest Legislation:
Senate Bill 337 - 129th General Assembly
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(A) When a person who is convicted of or pleads guilty to a felony is sentenced to a community residential sanction in a community-based correctional facility pursuant to section 2929.16 of the Revised Code or when a person who is convicted of or pleads guilty to a felony or a misdemeanor is sentenced to a term of imprisonment in a jail, the judge or magistrate shall order the person into the custody of the sheriff or constable, and the sheriff or constable shall deliver the person with the record of the person's conviction to the jailer, administrator, or keeper, in whose custody the person shall remain until the term of imprisonment expires or the person is otherwise legally discharged.

(B) The record of the person's conviction shall specify the total number of days, if any, that the person was confined for any reason arising out of the offense for which the person was convicted and sentenced prior to delivery to the jailer, administrator, or keeper under this section. The record shall be used to determine any reduction of sentence under division (C) of this section.

(C)(1) If the person is sentenced to a jail for a felony or a misdemeanor, the jailer in charge of a jail shall reduce the sentence of a person delivered into the jailer's custody pursuant to division (A) of this section by the total number of days the person was confined for any reason arising out of the offense for which the person was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the person's competence to stand trial or to determine sanity, confinement while awaiting transportation to the place where the person is to serve the sentence, and confinement in a juvenile facility.

(2) If the person is sentenced to a community-based correctional facility for a felony, the total amount of time that a person shall be confined in a community-based correctional facility, in a jail, and for any reason arising out of the offense for which the person was convicted and sentenced prior to delivery to the jailer, administrator, or keeper shall not exceed the maximum prison term available for that offense. Any term in a jail shall be reduced first pursuant to division (C)(1) of this section by the total number of days the person was confined prior to delivery to the jailer, administrator, or keeper. Only after the term in a jail has been entirely reduced may the term in a community-based correctional facility be reduced pursuant to this division. This division does not affect the limitations placed on the duration of a term in a jail or a community-based correctional facility under divisions (A)(1), (2), and (3) of section 2929.16 of the Revised Code.

(D) For purposes of divisions (B) and (C) of this section, a person shall be considered to have been confined for a day if the person was confined for any period or periods of time totaling more than eight hours during that day.

(E) As used in this section, "community-based correctional facility" and "jail" have the same meanings as in section 2929.01 of the Revised Code.
Notes of Decisions
Cited in 88 cases (26 in the last 5 years), 1984–2025 · leading case: State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011).
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State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011). · cites it 19× “{¶ 20} We note finally that although we find that the trial court is not required to give appellant time-served credit for his time under EMHA, we disagree with the state’s assertion that only preconviction confinement may be credited under R.”
State v. Nagle, 492 N.E.2d 158 (Ohio 1986). · cites it 8× “5), Ohio’s analogous statute, R.C. 2949.08, makes no similar provision.”
State v. Davis, 2018 Ohio 4137 (Ohio Ct. App. 2018). · cites it 7× “{¶ 8} R.C. 2949.08 governs the reduction of a sentence for confinement prior to conviction.”
State v. Reed (Slip Opinion), 2020 Ohio 4255 (Ohio 2020). · cites it 5× “{¶ 2} The state’s proposition of law and both parties’ arguments cite R.C. 2949.08(C)(1). However, R.C. 2949.08(C)(1) applies to the reduction of a sentence when a person is sentenced to jail for a felony or misdemeanor.”
State v. Brown, 2020 Ohio 3614 (Ohio Ct. App. 2020). · cites it 4× “Specifically, we concluded that because Brown was sentenced to a term of local incarceration in jail for a misdemeanor offense, the trial court was required to calculate Brown’s jail-time credit under R.C. 2949.08, and we noted that the trial court failed to include a…”
State v. James, 666 N.E.2d 1185 (Ohio Ct. App. 1995). · cites it 9× “Assignment of Error I “The trial court committed error in failing and refusing to include in the appellant’s record of conviction the number of days he was confined in the juvenile detention center contrary to R.C. § 2949.08 and in violation of the Equal Protection Clause of the…”
State v. Fillinger, 2016 Ohio 8455 (Ohio Ct. App. 2016). · cites it 3× “Id. at ¶ 19. {¶ 9} Based on our review, we find the trial court properly awarded jail-time credit to Fillinger based on the time spent on postconviction EMHA.”
State v. Porter, 2018 Ohio 3123 (Ohio Ct. App. 2018). · cites it 4× “191; R.C. 2949.08(B). However, the statues do not define or offer guidance on how the term "confined" should be used by Ohio courts.”
State v. Coffee, 2023 Ohio 474 (Ohio Ct. App. 2023). · cites it 4× “See R.C. 2949.08(B) and (C); R.C. 2967.191(A); R.”
State v. Franklin, 2011 Ohio 4078 (Ohio Ct. App. 2011). · cites it 7× “However, we note pursuant to R.C. 2949.08(C) (1): {¶19} “If the person is sentenced to a jail for a felony or a misdemeanor, the jailer in charge of a jail shall reduce the sentence of a person delivered into the jailer's custody pursuant to division (A) of this section by the…”
State v. Thompson (Slip Opinion), 2016 Ohio 2769 (Ohio 2016). “See R.C. 2949.08(B), 2967.191, and 2929.19. {¶10} Next, we must determine whether the order denying Thompson’s motion for jail-time credit was made in a special proceeding.”
State v. Berger, 477 N.E.2d 473 (Ohio Ct. App. 1984). · cites it 9× “Next, we move our attention to R.C. 2949.08. Under division (B) of this section, 5 while it is not specifically delineated therein, we find that it is the trial court’s duty to enter into a person’s record of conviction the number of days that person has served prior to his…”
Show all 88 citing cases →
— Ohio Rev. Code § 2949.08(A) — 9 cases
State v. Craig (Slip Opinion), 2020 Ohio 455 (Ohio 2020).
State v. Davis, 2018 Ohio 4137 (Ohio Ct. App. 2018). “{¶ 8} R.C. 2949.08 governs the reduction of a sentence for confinement prior to conviction.”
State v. Berger, 477 N.E.2d 473 (Ohio Ct. App. 1984). “Next, we move our attention to R.C. 2949.08. Under division (B) of this section, 5 while it is not specifically delineated therein, we find that it is the trial court’s duty to enter into a person’s record of conviction the number of days that person has served prior to his…”
In Re Forfeiture of One 1986 Buick Somerset Auto., 632 N.E.2d 1351 (Ohio Ct. App. 1993).
State v. Clark, 2022 Ohio 46 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2949.08(B) — 36 cases
State v. Davis, 2018 Ohio 4137 (Ohio Ct. App. 2018). “{¶ 8} R.C. 2949.08 governs the reduction of a sentence for confinement prior to conviction.”
State v. Coffee, 2023 Ohio 474 (Ohio Ct. App. 2023). “See R.C. 2949.08(B) and (C); R.C. 2967.191(A); R.”
State v. Thompson (Slip Opinion), 2016 Ohio 2769 (Ohio 2016). “See R.C. 2949.08(B), 2967.191, and 2929.19. {¶10} Next, we must determine whether the order denying Thompson’s motion for jail-time credit was made in a special proceeding.”
State v. Porter, 2018 Ohio 3123 (Ohio Ct. App. 2018). “191; R.C. 2949.08(B). However, the statues do not define or offer guidance on how the term "confined" should be used by Ohio courts.”
State v. Grout, 2023 Ohio 1074 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2949.08(C) — 23 cases
State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011). “{¶ 20} We note finally that although we find that the trial court is not required to give appellant time-served credit for his time under EMHA, we disagree with the state’s assertion that only preconviction confinement may be credited under R.”
State v. Franklin, 2011 Ohio 4078 (Ohio Ct. App. 2011). “However, we note pursuant to R.C. 2949.08(C) (1): {¶19} “If the person is sentenced to a jail for a felony or a misdemeanor, the jailer in charge of a jail shall reduce the sentence of a person delivered into the jailer's custody pursuant to division (A) of this section by the…”
State v. Nagle, 492 N.E.2d 158 (Ohio 1986). “5), Ohio’s analogous statute, R.C. 2949.08, makes no similar provision.”
State v. Porter, 2018 Ohio 3123 (Ohio Ct. App. 2018). “191; R.C. 2949.08(B). However, the statues do not define or offer guidance on how the term "confined" should be used by Ohio courts.”
State v. Berger, 477 N.E.2d 473 (Ohio Ct. App. 1984). “Next, we move our attention to R.C. 2949.08. Under division (B) of this section, 5 while it is not specifically delineated therein, we find that it is the trial court’s duty to enter into a person’s record of conviction the number of days that person has served prior to his…”
— Ohio Rev. Code § 2949.08(C)(1) — 31 cases
State v. Reed (Slip Opinion), 2020 Ohio 4255 (Ohio 2020). “{¶ 2} The state’s proposition of law and both parties’ arguments cite R.C. 2949.08(C)(1). However, R.C. 2949.08(C)(1) applies to the reduction of a sentence when a person is sentenced to jail for a felony or misdemeanor.”
State v. Blankenship, 949 N.E.2d 1087 (Ohio Ct. App. 2011). “{¶ 20} We note finally that although we find that the trial court is not required to give appellant time-served credit for his time under EMHA, we disagree with the state’s assertion that only preconviction confinement may be credited under R.”
State v. Brown, 2020 Ohio 3614 (Ohio Ct. App. 2020). “Specifically, we concluded that because Brown was sentenced to a term of local incarceration in jail for a misdemeanor offense, the trial court was required to calculate Brown’s jail-time credit under R.C. 2949.08, and we noted that the trial court failed to include a…”
State v. Fillinger, 2016 Ohio 8455 (Ohio Ct. App. 2016). “Id. at ¶ 19. {¶ 9} Based on our review, we find the trial court properly awarded jail-time credit to Fillinger based on the time spent on postconviction EMHA.”
State v. Davis, 2018 Ohio 4137 (Ohio Ct. App. 2018). “{¶ 8} R.C. 2949.08 governs the reduction of a sentence for confinement prior to conviction.”
— Ohio Rev. Code § 2949.08(C)(D) — 1 case
State v. South, 2011 Ohio 5815 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2949.08(D) — 2 cases
State v. Hines, 721 N.E.2d 1093 (Ohio Ct. App. 1999).
State v. Klorer, 2023 Ohio 4242 (Ohio Ct. App. 2023).
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