Ohio Revised Code
Chapter 2907 | Sex Offenses
Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.

Effective: April 4, 2007
Latest Legislation: Senate Bill 245 - 126th General Assembly
(A) Subject to division (D) of this section, a person who is charged with the commission of any sexually oriented offense or with a violation of section 2907.09 of the Revised Code shall appear before the court for the setting of bail if the person charged previously was convicted of or pleaded guilty to a sexually oriented offense, a violation of section 2907.09 of the Revised Code, or a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to section 2907.09 of the Revised Code.
(B) To the extent that information about any of the following is available to the court, the court, in addition to any other circumstances considered by the court and notwithstanding any provisions to the contrary contained in Criminal Rule 46, shall consider all of the following before setting bail for a person who appears before the court pursuant to division (A) of this section:
(1) Whether the person previously has been adjudicated a sexual predator or child-victim predator pursuant to Chapter 2950. of the Revised Code, previously has been determined to be a habitual sex offender or habitual child-victim offender pursuant to that Chapter, has a history of committing sexually oriented offenses or child-victim oriented offenses, or has a history of committing violations of section 2907.09 of the Revised Code or violations of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to that section;
(2) The mental health of the person;
(3) Whether the person has a history of violating the orders of any court or governmental entity;
(4) Whether the person is potentially a threat to any other person;
(5) Whether the person has access to deadly weapons or a history of using deadly weapons;
(6) Whether the person has a history of abusing alcohol or any controlled substance;
(7) The severity of the alleged conduct of the person that is the basis of the offense, including but not limited to, the duration of the alleged conduct, and whether the alleged conduct involved physical injury, assault, violence, or forcible entry to gain access to an alleged victim;
(8) Whether the person has exhibited obsessive or controlling behaviors toward another person, including, but not limited to, stalking, surveillance, or isolation of another person;
(9) Whether the person has expressed suicidal or homicidal ideations;
(10) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.
(C) Any court that has jurisdiction over charges alleging the commission of a sexually oriented offense or a violation of section 2907.09 of the Revised Code, in circumstances in which the person charged previously was convicted of or pleaded guilty to any of the offenses or violations described in division (A) of this section, may set a schedule for bail to be used in cases involving those offenses and violations. The schedule shall require that a judge consider all of the factors listed in division (B) of this section and may require judges to set bail at a certain level if the history of the alleged offender or the circumstances of the alleged offense meet certain criteria in the schedule.
(D)(1) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by division (A) of this section to appear by video conferencing equipment.
(2) If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by division (A) of this section is not practicable, the court may waive the appearance and release the person on bail in accordance with the court's schedule for bail set under division (C) of this section or, if the court has not set a schedule for bail under that division, on one or both of the following types of bail in an amount set by the court:
(a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash;
(b) A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.
(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a sexually oriented offense or a violation of section 2907.09 of the Revised Code who is not described in that division from appearing before the court for the setting of bail.
(E) As used in this section, "child-victim oriented offense," "child-victim predator," "habitual child-victim offender," "habitual sex offender," "sexually oriented offense," and "sexual predator" have the same meanings as in section 2950.01 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2907 | Sex Offenses

Section 2907.01 | Sex Offenses General Definitions.

Section 2907.02 | Rape.

Section 2907.03 | Sexual Battery.

Section 2907.04 | Unlawful Sexual Conduct With Minor.

Section 2907.05 | Gross Sexual Imposition.

Section 2907.06 | Sexual Imposition.

Section 2907.07 | Importuning.

Section 2907.08 | Voyeurism.

Section 2907.09 | Public Indecency.

Section 2907.10 | Preliminary Polygraph Test of Sex Offense Victim.

Section 2907.11 | Suppression of Names of Victim and Offender and Details of the Alleged Offense.

Section 2907.15 | Withholding Moneys Needed for Restitution to Crime Victims From State Retirement Funds.

Section 2907.17 | Notice of Indictment of Mental Health Professional Sent to Regulatory or Licensing Board or Agency.

Section 2907.171 | Prosecutor's Failure to Give Notice.

Section 2907.18 | Notice of Conviction of Mental Health Professional Sent to Regulatory or Licensing Board or Agency.

Section 2907.19 | Commercial Sexual Exploitation of a Minor.

Section 2907.21 | Compelling Prostitution.

Section 2907.22 | Promoting Prostitution.

Section 2907.23 | Enticement or Solicitation to Patronize a Prostitute; Procurement of a Prostitute for Another.

Section 2907.231 | Engaging in Prostitution.

Section 2907.24 | Soliciting; Solicitation After a Positive HIV Test.

Section 2907.241 | Loitering to Engage in Solicitation - Solicitation After Positive HIV Test.

Section 2907.25 | Prostitution - After Positive HIV Test.

Section 2907.26 | Rules of Evidence in Brothel and Prostitution Cases.

Section 2907.27 | Testing and Treatment for Venereal Diseases and Hiv.

Section 2907.28 | Payment for Medical Examination and Test of Any Victim or Accused.

Section 2907.29 | Hospital Emergency Services for Victims of Sexual Offenses.

Section 2907.30 | Interview of Victim by Crisis Intervention Trained Officer.

Section 2907.31 | Disseminating Matter Harmful to Juveniles.

Section 2907.311 | Displaying Matter Harmful to Juveniles.

Section 2907.32 | Pandering Obscenity.

Section 2907.321 | Pandering Obscenity Involving a Minor or Impaired Person.

Section 2907.322 | Pandering Sexually Oriented Matter Involving a Minor or Impaired Person.

Section 2907.323 | Illegal Use of Minor or Impaired Person in Nudity-Oriented Material or Performance.

Section 2907.33 | Deception to Obtain Matter Harmful to Juveniles.

Section 2907.34 | Compelling Acceptance of Objectionable Materials.

Section 2907.35 | Presumptions in Obscenity Cases.

Section 2907.36 | Declaratory Judgment Action.

Section 2907.37 | Injunction - Nuisance.

Section 2907.38 | Permitting Unlawful Operation of Viewing Booths Depicting Sexual Conduct.

Section 2907.39 | Permitting Juvenile on Premises of Adult Entertainment Establishment - Use of False Information to Gain Entry.

Section 2907.40 | Illegally Operating Sexually Oriented Business.

Section 2907.41 | Person Charged With Subsequent Sexual Offense - Setting of Bail.