Changes to Intervention in Lieu of Conviction

Intervention in Lieu of Conviction (Ohio Revised Code 2951.041) commonly referred to as "ILC" is a program that is intended to provide useful alternatives to incarceration. Specifically, ILC is used to address certain problems that cause individuals to commit crimes such as drug and/or alcohol addiction, mental illness or intellectual disability. If a participant successfully completes ILC, their charges are dismissed. This is a great motivator and makes the program a great motivator to successfully complete.

Changes to ILC

The Ohio legislature recently made changes to ILC effective April 12, 2021. Several of the changes are beneficial to those who have been accused of a crime. For example, eligible applicants are guaranteed to receive a hearing. Previously, judges had discretion to deny ILC motions without a hearing. In addition, there is now a “presumption” that ILC will be granted. If a court opts to deny ILC, the judge must now articulate specific reasons why ILC is not appropriate under the circumstances. This significantly increases the likelihood that ILC will be granted. Another change is that the ILC program is limited to five years. Under the prior version of the law, there was no maximum.

Unfortunately, not all of the changes to ILC are beneficial to offenders though. Eligibility for ILC is stricter under the latest modification. Those who have been convicted of any felony sex offense are no longer eligible. Before, certain low-level sex offenders could apply. Also, those convicted of third-degree drug possession are no longer eligible. However, the program overall is a great opportunity for clients.

For more information, please visit ILC or contact Attorney Christopher M. Fogt.