What is probation/community control?
This is a period of monitored time (1-5 years) where an individual's rights as a citizen are restricted and they must abide by, at a minimum, the following rules and regulations:
a. Obey all laws
b. Reply to any communications from your Officer
c. Report any address/phone/employment changes
d. Remain in the State of Ohio, unless given permission by your Officer
e. Comply with any written instructions or orders issued by your Officer
f. Report any contact with Law Enforcement within 24 hours
g. Keep all appointments with your Officer
h. Pay all financial obligations owed to the Court, including fees and restitution
i. Sign any release of information for referral agencies
j. Waive extradition from another state if needed
k. Abstain from illegal drugs, subject to random testing
l. Agree to search without warrant
m. Abstain from alcohol (if indicated)
n. No association with select individuals as indicated by PO (if indicated)
However, the Judge may Order additional requirements, known as terms or sanctions that a defendant must comply with, such as, but not limited to:
jail, restitution, no contact with victim, alcohol and/or drug evaluations and treatment, house arrest, curfews, alcohol and/or drug screening, abstinence from the use of alcohol and/or drugs, no bars or establishments who serve alcohol, seek and obtain employment and/or GED, mental health evaluation and treatment, anger management/domestic violence treatment, theft diversion program, individual counseling with a certified therapist/agency, no purchase/own guns and/or other weapons, community service work, driving programs, etc.
Fine/Cost Review or Hearings to Commit
This type of hearing is sent when the financial obligation to the court is not paid in full or the payment agreement is not abided by or payment becomes delinquent. If it is determined that the failure to pay was a willful failure to pay, a person may be sentenced to serve out the fines through a jail sentence where they will be given credit for $50/day served toward their outstanding balance. It is very important that persons abide by their payment agreement or order. At a minimum, regular (no less than monthly) payments of some reasonable amount must be made.
For an application to request community service work in lieu of fines/costs/fees - go to http://opd.ohio.gov and click on the link “reimbursement” then “indigent application fee” and “financial disclosure.” Complete the form, print and deliver to the court of conviction with a personal letter requesting such approval.
What are Probation/Community Control Supervision Fees?
These are financial sanctions applied to each person who is placed on probation/community control or who is being monitored by the probation department for any other reason.
Community Service Work
At times the Judge may Order community service work as a sanction, however, in some cases, community service work can also be requested by the defendant and performed in order to pay fines, costs, and supervision fees. This is determined on a case by case basis.
Community service worksites are available throughout the County, however, they are limited. They must be a non-profit organization, church, or government agency. We are always trying to recruit new worksites and if someone is interested they should contact one of the Officers listed above.
Community Service Worksites (Partial/pre-approved list) Timesheet for Community Service Work
Electronic Monitoring & House Arrest
This is a period of time where a defendant is confined to their home. It is an alternative or in addition to actual jail incarceration. When a person is on house arrest they may be permitted to go to pre-approved activities, such as work and counseling. Any time a person is out of the confines of their home pre-approval and verification of the stated preapproved activity must be submitted to the house arrest provider.
What many people fail to understand is that, in our Courts, house arrest is HOUSE ARREST. This means you cannot mow lawns, shovel snow, walk dog, go shopping, etc. It means you must be inside your home at ALL TIMES (other than approved activities) and you must report straight to and from approved activities - no extras just because it’s your scheduled “out” time. If it is discovered that you were out of your home without approval, a violation of probation/community control will be filed and you may face jail incarceration or some other penalty.
House Arrest and Ignition Interlock
Ohio AMS - EMHA ONLY 6479 Brecksville Rd. Independence, OH 44131 (216)
Alternative Court Services EMHA and Ignition Interlock (440) 243-9300
Most times the Judges Order additional sanctions for treatment of some sort. This can be mental health, drug, alcohol, sex offender, general counseling, etc. The Officer will refer the defendant to an appropriate agency. It is then up to the defendant to complete the required evaluation and comply with any recommendations that are made. Our office prefers that individuals complete any required counseling or treatment within 4-6 months. This does not mean that an individual has 4-6 months to start treatment - this is when the treatment should be complete.
Most Often Used Treatment Agencies within Ashtabula County
(alcohol/drug, mental health, theft diversion, residential, other)
AA/NA MEETING VERIFICATION SHEET
Lake Area Recovery Center - 2801 C-Court, Ashtabula, Oh 44004
(440) 998-0722 http://www.larc.cc
Signature Health - 4200 Park Ave 2nd, Ashtabula, Oh 44004
(440) 992-8552 http://signaturehealthinc.com/
Community Counseling Center - 2801 C Court, Ashtabula, Ohio 44004
(440) 998-4210 http://www.cccohio.com/
Substance Abuse Resources in Ohio
Glenbeigh Hospital - 2863 State Rt. 45, Rock Creek, Ohio 44084
(440) 563-3400 http://www.glenbeigh.com
Theft Offender Solutions - PO Box 1627, Prineville, Or 97754
1-541-598-4577 or email email@example.com
Driver Intervention Program
A 72-consecutive hour program for first time OVI offenders. This is a State Mandated program and the Judge is required to order this as part of a first time offenders sentence.
72 Hour Driver Intervention Program (Ashtabula County)
(links for access to other counties DIP providers)
Lake Area Recovery Center - 2801 C-Court, Ashtabula, Ohio 44004
(440) 998-0722 http://www.larc.cc
Step Ahead - 458 Glacierview Drive, Youngstown, Ohio 44509
(330) 779-3801 or 866-779-3801
Link to all DIP’s - http://www.ovilaw.com/ohio_driver_intervention.asp
Officers will do the best they can with making referrals and/or assisting defendants in becoming law abiding, productive citizens. This will usually come in the form of a referral to an appropriate agency. The more a defendant opens up to their Officer, the more the Officer can help them.
If a defendant fails to comply with any Order or sanction, a violation will most likely be filed. If a violation is filed, the defendant will be required to appear in Court to answer to the alleged violation. If they are subsequently found guilty of violation probation/community control additional penalty may be imposed, including jail time, additional financial penalties, community service work, house arrest, etc. and/or revocation of probation/community control.
Complaints from citizens regarding defendants
Officers cannot act on anonymous accusations alone. If an individual feels a defendant is in violation of their probation/community control sanctions, they are encouraged to contact the assigned Officer. However, the Officer will request something in writing be sent to the department along with the name of the complainant. They may also request an appointment, where the Officer will have the complainant come in and complete a sworn affidavit/statement (which will be notarized by the Court). The Officer will then consider whether or not there is substantial ground to violate the defendant. If the defendant is violated, a subpoena may be issued to the complainant to appear in Court as a witness on the violation.
Links of Interest
Ashtabula Municipal Court - http://www.ashtabulamunicourt.com
Information on court cases, probation, clerks, jail, etc
Bureau of Motor Vehicles - http://www.bmv.ohio.gov
Access driving records, information on reinstatement of operators license, etc
Ohio Department Of Rehabilitation/Corrections - http://www.drc.ohio.gov
Inmate search, information on Ohio prisons. etc
Sex Offender Registry - http://www.ohioattorneygeneral.gov/
Searchable database of registered sex offenders in Ohio
National Mental Health/Substance Abuse Information Center - http://mentalhealth.samhsa.gov
Access to database of mental health and alcohol/drug service providers and treatment centers
Ashtabula County Courts - http://courts.co.ashtabula.oh.us
Access to the county courthouse and court records
Ashtabula County Sheriff - http://www.ashtabulacountysheriff.org
Information regarding the sheriff department
State of Ohio - http://www.ohio.gov
Everything from job search engines to the Ohio Lottery
Ohio Revised Code - http://codes.ohio.gov
State of Ohio Public Defenders Office - http://opd.ohio.gov
Information about the public defenders office, application for a public defender to represent your case