(A) The department of rehabilitation and correction shall reduce the prison term of a prisoner, as described in division (B) of this section, by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term, as determined by the sentencing court under division (B)(2)(g)(i) of section 2929.19 of the Revised Code, and confinement in a juvenile facility. The department of rehabilitation and correction also shall reduce the stated prison term of a prisoner or, if the prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or the parole eligibility date of the prisoner by the total number of days, if any, that the prisoner previously served in the custody of the department of rehabilitation and correction arising out of the offense for which the prisoner was convicted and sentenced.
(B) The reductions described in division (A) of this section shall be made to the following prison terms, as applicable:
(1) The definite prison term of a prisoner serving a definite prison term as a stated prison term;
(2) The minimum and maximum term of a prisoner serving a non-life felony indefinite prison term as a stated prison term;
(3) The minimum and maximum term or the parole eligibility date of a prisoner serving a term for which there is parole eligibility.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Notes of Decisions
Cited in 499
cases (167 in the last 5 years), 1969–2026 · leading case: State v. Tuomala, 818 N.E.2d 272 (Ohio 2004).
State v. Tuomala, 818 N.E.2d 272 (Ohio 2004). · cites it 34ד{¶ 5} On appeal, the Eleventh District Court of Appeals reversed the judgment of the trial court, holding that the court should have applied R.C. 2967.191 and credited Tuomala with time served prior to the court’s finding him not guilty by reason of insanity.”
State v. Gall, 2016-Ohio-2748. · cites it 64דThe State also argued that the OBSC’s calculation was incorrect because R.C. 2967.191 does not permit jail-time credit to be awarded for time served on unrelated offenses.”
State v. Reed (Slip Opinion), 2020-Ohio-4255, 166 N.E.3d 1106. · cites it 21ד] Criminal law—R.C. 2967.191(A)—Jail-time credit—Postconviction house arrest and electronic monitoring—Jail-time credit is given for confinement in a public or private facility, not in a residence—A defendant is not entitled to jail-time credit for days he spent in…”
State v. Porter, 2018-Ohio-3852, 118 N.E.3d 962. · cites it 54ד01(P), the majority held that a defendant subject to house arrest qualifies for jail-time credit for purposes of being "confined" pursuant to R.C. 2967.191. {¶ 6} In a well-reasoned dissent, Judge Robert A.”
State ex rel. Corder v. Wilson, 589 N.E.2d 113 (Ohio Ct. App. 10th Dist. 1991). · cites it 13דCorder, requiring respondents to credit, pursuant to R.C. 2967.191, the proper number of days that he was confined because of the offense for which he was convicted and sentenced.”
State v. Williams, 2017-Ohio-5598, 93 N.E.3d 449. · cites it 7דR.C. 2967.191 provides that a prisoner shall receive jail-time credit for "the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting…”
State v. Moore (Slip Opinion), 2018-Ohio-3237, 111 N.E.3d 1146. · cites it 6ד{¶ 10} In this case, Moore seeks to have the time he spent in the county jail credited toward his sentence pursuant to R.C. 2967.191 ("the jail-time-credit provision").”
State v. Fugate, 883 N.E.2d 440 (Ohio 2008). · cites it 4ד191, which states that “[t]he department of rehabilitation and correction shall reduce the stated prison term of a prisoner * * * by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and…”
State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. · cites it 2דUnder the Reagan Tokes Law, a defendant is sentenced to a “minimum prison term” that the court may choose from the listed term choices in the statute: (1) “Offender’s minimum prison term” means the minimum prison term imposed on an offender under a non-life felony indefinite…”
State v. Cupp, 124 N.E.3d 811 (Ohio 2018). · cites it 4ד{¶ 9} Cupp appealed to the Eleventh District Court of Appeals, arguing entitlement to an award of jail-time credit from the time the court revoked his bond on the felony charges.”
State v. Napier, 93 Ohio St. 3d 646 (2001). · cites it 5דThe issue in this case is whether the entire amount of time served in a CBCF qualifies as “confinement” according to R.C. 2967.191 and should therefore be credited towards a prison sentence after conditions of the community sanctions are violated.”
State v. Christian (Slip Opinion), 2020-Ohio-828, 152 N.E.3d 216. · cites it 5דCredit for Time Served {¶ 53} The state argues that the trial court’s order of consecutive sentences was not a double-jeopardy violation because, once applied, Ohio’s jail-time-credit statute, R.C. 2967.191, prevents the time that Christian already served as punishment for Count…”
State v. Reed (Slip Opinion), 2020-Ohio-4255, 166 N.E.3d 1106. “] Criminal law—R.C. 2967.191(A)—Jail-time credit—Postconviction house arrest and electronic monitoring—Jail-time credit is given for confinement in a public or private facility, not in a residence—A defendant is not entitled to jail-time credit for days he spent in…”
State v. Christian (Slip Opinion), 2020-Ohio-828, 152 N.E.3d 216. “Credit for Time Served {¶ 53} The state argues that the trial court’s order of consecutive sentences was not a double-jeopardy violation because, once applied, Ohio’s jail-time-credit statute, R.C. 2967.191, prevents the time that Christian already served as punishment for Count…”
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