This specialized program is designed to meet the unique needs of probationers with minimal prior criminal histories, whom have a significant substance abuse and/or mental health problems that contributed to the underlying offense for which they are charged. Probationers who file a motion for Intervention in Lieu of Conviction, prior to entering guilty pleas, are required to complete a thorough substance abuse and/or mental health evaluation at an accredited community based treatment facility and receive a recommendation for the program by their assessing counselor.
Upon being found acceptable during the screening process for the Intervention in Lieu of Conviction program, the probationer is then required to enter a plea of guilty to their indictment (or amended Indictment), at which time the Court may grant the motion for Intervention in Lieu of Conviction, if appropriate. Probationers that are granted Intervention in Lieu of Conviction are supervised under standard community control conditions. The primary focus of the Intervention in Lieu of Conviction program is to assist the probationers, by requiring them to engage in substance abuse or mental health counseling, to potentially deter any further recidivism.
Upon successful completion of the Intervention in Lieu of Conviction program, which requires a minimum of one (1) year of supervision, the indictment is dismissed and all records of the offense can be later sealed, if deemed appropriate by the Court.
Strict eligibility criteria must be met to be considered for the Intervention in Lieu of Conviction, to include:
As assessment of the individual’s substance abuse or mental health history, along with a treatment plan.
The individual has not previously engaged in the Intervention in Lieu of Conviction program or any similar regimen.
The individual is charged with a felony for which the Court, upon conviction, would impose community control sanctions.
Drug or alcohol/mental health was a factor leading to the criminal offense with which the offender is charged and Intervention in Lieu of Conviction would not demean the seriousness of the offense.
The individual must be willing to comply with all terms and conditions imposed by the Court.
The individual has not been previously convicted of a felony offense of violence.
Any victims cannot be under the age of thirteen (13) or over the age of sixty-five (65) at the time of the offense, or a peace officer engaged in his/her official duties.
The offense is a not a felony of the first, second, or third degree, or an offense of violence. The offense cannot be in violation of division (A)(1) or (2) of Section 2290.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term, mandatory local incarceration, or a mandatory term of imprisonment in jail.
The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is not a felony of the first, second, third, or fourth degree, and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first, second, or third degree.
If the individual is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person, and the offender previously has not been treated for drug abuse.