Ohio Code § 2937.23

Ohio Code § 2937.23. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2937.23.

(A)(1) In a case involving a felony or a violation of section 2903.11 , 2903.12 , or 2903.13 of the Revised Code when the victim of the offense is a peace officer, the judge or magistrate shall

fix the amount of bail. (2) In a case involving a misdemeanor or a violation of a municipal ordinance and not

involving a felony or a violation of section 2903.11 , 2903.12 , or 2903.13 of the Revised Code when the victim of the offense is a peace officer, the judge, magistrate, or clerk

of the court may fix the amount of bail and may do so in accordance with a schedule

previously fixed by the judge or magistrate.  If the judge, magistrate, or clerk of the court is not readily available, the sheriff,

deputy sheriff, marshal, deputy marshal, police officer, or jailer having custody

of the person charged may fix the amount of bail in accordance with a schedule previously

fixed by the judge or magistrate and shall take the bail only in the county courthouse,

the municipal or township building, or the county or municipal jail. (3) In all cases, the bail shall be fixed with consideration of the seriousness of the

offense charged, the previous criminal record of the defendant, and the probability

of the defendant appearing at the trial of the case. (B) In any case involving an alleged violation of section 2903.211 of the Revised Code or of a municipal ordinance that is substantially similar to that section, the court

shall determine whether it will order an evaluation of the mental condition of the

defendant pursuant to section 2919.271 of the Revised Code and, if it decides to so order, shall issue the order requiring the evaluation before

it sets bail for the person charged with the violation.  In any case involving an alleged violation of section 2919.27 of the Revised Code or of a municipal ordinance that is substantially similar to that section and in

which the court finds that either of the following criteria applies, the court shall

determine whether it will order an evaluation of the mental condition of the defendant

pursuant to section 2919.271 of the Revised Code and, if it decides to so order, shall issue the order requiring that evaluation before

it sets bail for the person charged with the violation: (1) Regarding an alleged violation of a protection order issued or consent agreement

approved pursuant to section 2919.26 or 3113.31 of the Revised Code , that the violation allegedly involves conduct by the defendant that caused physical

harm to the person or property of a family or household member covered by the order

or agreement or conduct by that defendant that caused a family or household member

to believe that the defendant would cause physical harm to that member or that member's

property; (2) Regarding an alleged violation of a protection order issued pursuant to section 2903.213 or 2903.214 of the Revised Code , or a protection order issued by a court of another state, as defined in section 2919.27 of the Revised Code , that the violation allegedly involves conduct by the defendant that caused physical

harm to the person or property of the person covered by the order or conduct by that

defendant that caused the person covered by the order to believe that the defendant

would cause physical harm to that person or that person's property. (C) As used in this section, “ peace officer ” has the same meaning as in section 2935.01 of the Revised Code .

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2937.23
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Common questions

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