HB 86: New Jail Options for DUI / OVI Cases


HB 86 also touches (albeit briefly) on the DUI / OVI code. Ohio's jails are chockful of non-violent offenders who can be punished without sitting in a jail cell. For the first time, Ohio is creating a "Community Alternative Sentencing Center" under R.C. 2929.26(B) and R.C. 307.932.

This is important to DUI / OVI clients who are facing mandatory jail terms of 10, 20, 30 or 60 days. Effective September 30, 2011, a judge can send the DUI offender to a CASC which is not a "jail" in the conventional sense.

Under this law change, DUI offenders facing mandatory terms up to 60 days in jail can serve those days in a CASC. Currently, Koffel Brininger Nesbitt refers our clients to a similar facility called "RCCAC" in Richland County.

More importantly, for the first time ever, HB 86 allows for release for work, vocational training, and school for mandatory DUI / OVI jail terms. This is huge for our clients because most, if not all, of our clients are employed and/or going to school. Without this legislation, our clients would have to sit in a county jail for 10-60 days with no option of release.