Mental Health Substance Abuse

What is Intervention in Lieu of

Conviction (ILC)?

Intervention in Lieu of Conviction (ILC) is a

program allowing eligible defendants to

receive assistance or treatment to avoid a

felony conviction. It is designed to give

people the opportunity to address issues

that were a factor leading to committing the

offense.

Those issues include: substance abuse,

mental health, intellectual disability, victim

of human trafficking or prostitution.

What are the Benefits of (ILC)?

The defendant will complete an ILC

evaluation, and if eligible, and granted ILC,

he or she will plead guilty to the offense.

However, the judge withholds a finding of

guilt and any sentence he or she may

impose. Instead, the defendant will enroll

into the ILC program and establish a plan

of intervention. If the defendant

successfully completes the ILC

requirements, the criminal charge is

ultimately dismissed and the defendant

avoids a felony conviction.

Upon dismissal, the defendant is eligible to

file a motion to seal the criminal charge

from his or her record.

OUR MISSION

WARREN COUNTY COURT

SERVICES IS COMMITTED TO

FULFILLING THE ORDERS OF THE

COMMON PLEAS COURT,

PROTECTING OUR COMMUNITY,

PROVIDING JUSTICE FOR VICTIMS,

HOLDING OUR CLIENTS

ACCOUNTABLE, AND UTILIZING

EVIDENCE-BASED PRACTICES AS A

WAY OF POSITIVELY IMPACTING

OUR CLIENTS’ BEHAVIOR.

Warren County

Common Pleas Court

500 Justice Dr.

Lebanon, OH 45036

Phone: 513-***-****

Fax: 513-***-****

Email: ad2j4f@r.postjobfree.com

4.21.21

Who is eligible for ILC?

A defendant is eligible for ILC if willing to

comply with all terms and conditions

imposed by the court, has never been

convicted or plead guilty to a felony offense

of violence, and if the current charge is not

any of the following:

An offense of violence;

1st or 2nd degree felony;

3rd degree felony (excludes Drug

Possession);

1st- 4th degree felony of Trafficking

or Aggravated Trafficking;

A felony sex offense;

OVI;

Vehicular Homicide or Aggravated

Vehicular Homicide;

Aggravated Vehicular Assault

Any offense carrying a mandatory

prison term;

Corrupting Another with Drugs;

Illegal Manufacture of Drugs, Illegal Cultiva-

tion of Marijuana, or Methamphetamine

offenses;

Illegal Administration or Distribution

of Steroids;

A crime involving an alleged victim of 65

years of age or older, permanently or

totally disabled, under 13 years of age, or

an on- duty police officer;

A Tampering with Drugs charge that

resulted in physical harm to someone;

and/or

An offense that would result in

sanctions against a Commercial

Driver’s License.

What are the requirements of ILC?

Abstain from using illegal drugs and alcohol;

Participate and be compliant in treatment

and recovery support services;

Regular, random drug testing;

Pay restitution, reimbursement, court costs,

fines, and supervision fees in full;

Demonstrate progress on identified goals in

targeted skills identified on the

individualized intervention plan;

Other terms and conditions may be ordered by

the court on an individual basis.

Reporting Requirements

The frequency a defendant reports to see their

probation officer is based upon an initial

assessment completed at the ILC evaluation. As a

defendant shows progress on their individualized

intervention plan, reporting frequency adjusts.

INITIAL FREQUENCY RANGE BASED ON

PROGRESS

Every week Every 2 weeks to Every 3 weeks

Every 2 weeks Every 3 weeks to Every 5 weeks

Every 4 weeks Every 5 weeks to Every 12 weeks

ILC vs. Community Control

(Probation)

If a defendant is not granted ILC, and sentenced

to Community Control:

The defendant is convicted of the crime

pled guilty to;

Reporting frequency is less intense;

Sealing laws differ

Frequently Asked Questions….

“Will I be finished with ILC once I complete

treatment?”

No. Ohio law states you must be on ILC for a

minimum of 1 year, remain drug and alcohol

free for 1 year, and complete all other terms

and conditions ordered by the court.

“Will my charges show on my record while on

ILC?”

Yes, the charges will show; however, they

will show as “pending” charges and not

convicted charges.

“Why did the judge say that I’m not on

probation?”

Probation is a sentence ordered to someone

who has been convicted of a crime. With ILC, a

defendant has not been convicted; however,

the defendant is still placed under the general

control and supervision of the probation

department.

“If I’m not convicted, why do I have to pay

court costs?”

The ILC process still requires court hearings,

filings, etc., all which have costs associated

with them.

“How long after completing ILC do I have to

wait to file for sealing?”

Upon dismissal, the defendant is immediately

eligible to file a motion to seal the criminal

charge from his or her record.

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