Intervention in lieu of conviction

Alcohol and Drugs account for a large majority of crime in Ohio.  If an offender is charged with a criminal offense and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction.

Not everyone is eligible to request this relief from the court.  Individuals must meet the following criteria:

1.  No previous felony conviction or prior interventions in lieu of conviction.  Also the individual must be charged with an offense that would result in community control.

2.  The offense is not a felony of the first, second, or third degree.  The offense is not one of the following

• Aggravated Vehicular Assault
• Vehicular Homicide
• Vehicular Manslaughter
• Aggravated Vehicular Assault
• Vehicular Assault
• OVI
• And any other offense that requires any mandatory incarceration
• Corrupting another with drugs
• Trafficking/Aggravated Trafficking in Drugs
• Illegal Manufacture of Drugs, Cultivation of Marijuana or Methamphetamine offenses
• Illegal administration or distribution of anabolic steroids
• Possession of a controlled substance that is not a felony of the first, second, or third degree.  If classified as a felony of the fourth degree, the prosecutor must recommend the individual as eligible for intervention.

3.  The individual must be assessed by an appropriately licensed provider, certified facility, or licensed and credentialed professional, a public or private hospital, the United States department of veterans affairs, another appropriate agency of the government of the United States, or a licensed physician, psychiatrist, psychologist, independent social worker, professional counselor, or chemical dependency counselor for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.

4.  The individual's drug or alcohol usage was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.

5.  The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.