Intervention in Lieu of Conviction

What is Intervention in Lieu of Conviction?

Intervention in Lieu of Conviction (ILC) is an opportunity for certain individuals facing low-level non-violent criminal charges who have minimal prior criminal histories and have a significant substance abuse and/or mental health problems that contributed to the underlying offense for which they are charged. Rather than being convicted and sentenced in a normal criminal proceeding which could result in incarceration, fines, and/or community supervision, through Intervention in Lieu of Conviction an individual can participate in community supervision and a treatment program (one year minimum). Upon successful completion of the Intervention in Lieu of Conviction program the Court can dismiss charges and seal the records of the offense.¹

Who is Eligible for Intervention in Lieu of Conviction?

Not everyone is eligible to participate in an Intervention in Lieu of Conviction program. The eligibility criteria to be considered for the Intervention in Lieu of Conviction include:

• The individual must not have been previously convicted of a felony offense of violence.
• The individual cannot be charged with:
  • a felony of the first, second, or third degree,
  • an offense of violence,
  • a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code,
  • a violation of division (A)(1) of section 2903.08 of the Revised Code,
  • a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division,
  • an offense for which a sentencing court is required to impose a mandatory prison term,
  • a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code,
  • a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree,
  • a violation of section 2925.11 of the Revised Code that is a felony of the first or second degree,
  • a violation of section 2925.24 of the Revised Code allegedly resulting in physical harm to any person,
  • an offense that would result in the offender being disqualified under Chapter 4506 of the Revised Code from operating a commercial motor vehicle or would subject the offender to any other sanction under that chapter, or
  • an offense where the alleged victim was 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.
• The individual’s drug usage, alcohol usage, mental illness, or intellectual disability, or the fact that the offender was a victim of a violation of section 2905.32 or 2907.21 of the Revised Code, must have been 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.
• The individual must submit to an assessment of the individual’s substance abuse or mental health history, and
• The individual must be willing to comply with a treatment plan/community control terms set by the court.

What are the Steps Required to Secure Intervention in Lieu of Conviction?

• Motion for Admission
  • The Defense Attorney files a Motion for Intervention in Lieu of Conviction alleging that the individual meets the eligibility requirements.
• Clinical Assessment
  • The accused individual completes a 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. 
• Probation Department Evaluation
  • The individual meets with the adult probation department to discuss their background, history of substance abuse and/or mental illness, and pending offenses, without the presence of the Defense Attorney.
• Hearing on the Merits of the Motion
  • The accused individual and his or her attorney appear in Court. The Court considers the recommendations and reports, as well as the evidence presented by the Defense Attorney to determine if the individual is eligible. If the Court determines that the individual is eligible, the individual then pleads guilty to the charges in the indictment or amended indictment.  The Court holds the guilty plea and does not file it. The Court then suspends the criminal proceedings and orders the Defendant to participate in the Intervention in Lieu of Conviction program while under the supervision of the adult probation department. The Defendant must comply with the rules of established by probation and the treatment plan proposed by the provider and adopted by the Court.

What Happens Once a Person Successfully Completes the Intervention Lieu of Conviction Program?

If the individual completes all the conditions of Intervention in Lieu of Conviction, the Court dismisses the pending charges and destroys the written guilty plea. The Defense Attorney can also then file to have the records related to the accusation sealed.

What Happens If a Person Violates the Terms of the Completes the Intervention Lieu of Conviction Program?

If the individual violates the terms of his or her Intervention in Lieu of Conviction, the individual must return to court. The individual can either admit the violation or attend an Intervention in Lieu of Conviction violation hearing.  If the person is found to have violated the terms of his or her Intervention in Lieu of Conviction, then the individual’s prior guilty plea is filed, and the individual is sentenced by the court and legally convicted of the offense. At that point, the Court treats the sentencing hearing as if the Intervention in Lieu of Conviction period had never occurred and may impose any conditions and penalties the accused individual would be eligible for had he or she never entered Intervention in Lieu of Conviction in the first instance.

¹ http://codes.ohio.gov/orc/2951.041