The Ohio Supreme Court has developed a resource to assist courts and attorneys when handling a defendant’s request to receive a particular type of intervention to potentially avoid a criminal conviction.

The Supreme Court toolkit offers guidance on intervention in lieu of conviction (ILC), an arrangement where defendants, if eligible, admit guilt but have their criminal proceedings put on hold while they complete a recommended intervention plan. ILC is an opportunity for a defendant to address underlying issues that contributed to a criminal charge and have the charge dismissed if the intervention plan is successfully completed.

A defendant charged with a criminal offense may be eligible for ILC if one of the following applies:

• The court has reason to believe that the defendant’s drug or alcohol use was a leading factor in committing the crime.
• At the time of the offense, the defendant had a mental illness or intellectual disability, or was a victim of human trafficking/prostitution that was a leading factor in committing the crime.

To take part in ILC, the defendant must submit a request to the court describing which factors led to the criminal offense.

Certain offenses are disqualified from ILC consideration – such as felonies of the first, second, or third degree, and violent offenses. ILC also is prohibited if the victim of the offense is 65 years or older, permanently and totally disabled, under age 13, a peace officer engaged in official duties, or if the underlying charge is tampering with drugs and the victim suffered physical harm from the degraded or altered drugs.

Included in the toolkit is a sample motion for attorneys and defendants seeking ILC, as well as sample journal entries that courts can use at specific stages in the process. The toolkit also explains the steps courts must take when agreeing to consider a request for ILC, during the hearing to determine the defendant’s eligibility, and after granting or denying the request. Best practices – such as tailoring intervention plans to the individual participant and adhering to due process protections – are recommended in the toolkit.