Rittgers Rittgers & Nakajima
Rittgers Rittgers & Nakajima


The professional team at Rittgers Rittgers & Nakajima
  1. Home
  2.  | 
  3. Criminal Defense
  4.  | Who is eligible for Intervention in Lieu of Conviction in Ohio?

Who is eligible for Intervention in Lieu of Conviction in Ohio?

On Behalf of | Apr 2, 2024 | Criminal Defense

Intervention in Lieu of Conviction (ILC) in Ohio is a program authorized under Ohio Revised Code 2951.041 that is designed to offer certain defendants an opportunity to avoid a criminal conviction

Instead, they can receive treatment for the mental health and substance abuse issues that likely contributed to their behavior. If they can complete the ILC program successfully, their charges will be dismissed and they can get their life back on track.

How does ILC work?

Broadly, a defendant who meets the screening criteria for ILC must file a written motion to participate in the ILC program and waive certain rights, including the right to a speedy trial. 

Once the ILC process has begun, defendants can expect:

  • Evaluation: Defendants must undergo an assessment to determine whether they’re suitable candidates before they are accepted into the ILC program. This assessment typically evaluates their substance abuse or mental health history and their willingness to participate in treatment. The evaluator will then make a recommendation to the court.
  • Plea: If the court grants the defendant’s motion for ILC, the defendant will be required to enter a guilty plea before the court – but that plea will not be filed with the Clerk of Court. Instead, it is held in abeyance while the defendant goes through the program.
  • Treatment Plan: Participants must comply with an ILC treatment plan that is tailored to their specific situation and needs. This may include substance abuse counseling, mental health therapy, educational programs or other interventions aimed at addressing the underlying issues contributing to their criminal behavior. 
  • Monitoring: Participants can generally expect to be subject to certain restrictions while in the program as far as what they can do and where they can go. They must also comply with their treatment plan, and they will be closely monitored to ensure their compliance. This may involve regular check-ins with a probation officer or additional court appearances.

Upon successful completion of the treatment program and any other requirements imposed by the court, such as community service or restitution, the criminal charges against the individual will be dismissed. However, it’s important to note that participation in the program is not a guarantee of dismissal, and failure to comply with the program requirements can lead to serious consequences. 

Who is eligible for ILC?

Defendants may be eligible for ILC when they have been a victim of human trafficking, have a mental illness or an intellectual disability that affects their behavior, or when drug or alcohol use was a factor in their offense. To qualify for ILC, defendants:

  • Must not have prior felony convictions for crimes of violence
  • Must not be charged with a felony of the first, second or third degree
  • Must not be charged with certain felonies, including sex offenses, corrupting another with drugs, aggravated vehicular assault, aggravated vehicular homicide, OVI and others
  • Must not be charged with anything that requires mandatory prison time or disqualifies them from holding a commercial driver’s license

If there is any victim in the case, the victim must not be over 65, disabled, under 13 or a peace officer for the defendant to qualify for the ILC program. In addition, the prosecutor must be in agreement that ILC is warranted.

ILC offers individuals a chance to address the root causes of their criminal behavior and avoid the long-term consequences of a criminal conviction, such as difficulty finding employment or housing. Defendants who are interested in the ILC program should explore their eligibility with legal guidance right away.