Probation

PROBATION DEPARTMENT

Chief Probation Officer: Carmen D. Young 330 335-2731 cyoung@wadsworthcity.org

Probation Officer: Seth C. Watson 330 335-2758 swatson@wadsworthcity.org

Address: 120 Maple Street, Wadsworth, Ohio 44281 Fax: 330 335-2723

The Wadsworth Municipal Probation Department serves at the behest of the Honorable Stephen B. McIlvaine. There are two main responsibilities delegated to the probation officers:

1) To conduct presentence investigations on defendants who are awaiting sentencing for 1st, 2nd, 3rd, and 4th-degree misdemeanor offenses. The purpose of this investigation is intended to provide the Judge with a presentence report that will have pertinent, up to date information about the defendant, to aid the Judge in handing down an informed and appropriate sentence. The presentence report incorporates a thorough background check that includes a narrative of the offense, the defendant’s education, employment, medical, social, and criminal history. Victims are encouraged to submit a victim impact statement, which is made a part of this report.

2) To supervise individuals placed on period of probation (anywhere from 6 months to 5 years). In most cases, a jail sentence is ordered, but suspended upon certain conditions. Should a defendant fail to fulfill the requirements set forth by the Judge, a probation violation will be filed, and the defendant can be ordered to serve part or all of the suspended sentence. Financial sanctions may include restitution, fine, Court costs, and probation fees. Community service is routinely ordered in 24 and 48-hour increments. Home arrest is also a frequently used sanction. Depending on the offense, counseling addressing drugs and alcohol, domestic violence, sexual offenses, and theft behaviors will be ordered.

POSSIBLE CONSEQUENCES:

Jail sentences are served at the Medina County Jail, 555 Independence Drive, Medina, Ohio.

Home Arrest can be arranged anywhere within the State of Ohio. It may include an alcohol monitor or a GPS. The daily rate is dictated by the type of equipment the Court has ordered. The Probation Department utilizes a handful of home arrest agencies.

Community Service Volunteer service can be arranged with any non- profit agency that has a 501C3 tax status. Depending on the number of hours ordered, the fee of either $50 or $100 is collected to cover an insurance rider that is carried on probationers performing community service.

Counseling There are a multitude of counseling programs addressing all types of issues. The Probation Department is diligent in assisting probationers find the appropriate therapy, specific to their needs. For first offense OVI cases, there are many 72-hour Driver Intervention Programs that are available throughout the state.

SPECIAL PROGRAMS

1st Offender Underage Alcohol Consumption If a person under the age of 21 is cited for an alcohol-related offense, and it is a first offense for that individual, they may enter the Court’s own 1st offender program. It requires performing 24 hours of community service, serving 15 days of home arrest, and attending one, two-hour underage alcohol awareness class, which is held six times throughout the year. If an individual successfully completes those three requirements, the case will be dismissed.

Violence Prevention Program Depending on circumstances, an individual charged with Domestic Violence may qualify to participate in Violence Prevention Program offered by Alternative Paths, Inc. in Medina. This 16-week program consists of weekly two-hour group sessions. If successfully completed, the offense may be reduced to a charge of Disorderly Conduct with Persistence, or dismissed. The fee for this program is $550.

First Offender Pre-Trial Diversion For those individuals who have been charged with a misdemeanor offense, for the first time (excluding underage alcohol and domestic violence cases), they may qualify to participate in the Alternative Paths diversion program. It is a 6 month up to a 1 year commitment. Offenders accepted into this program must pay a fee of $550.

Upon successful completion of the program, the charges against the defendant will be dismissed.

High School Sentencings Every other year in the spring, Judge McIlvaine conducts sentencings at the Wadsworth H.S. auditorium, in front of the junior and senior classes. Typically, the cases chosen include the offenses of underage alcohol consumption, a first-time OVI, a multiple OVI, and a drug case. Once the offenders are sentenced, they return to the Court to receive their Court documents. Judge McIlvaine remains behind for a question and answer period with the students. For agreeing to participate in the high school sentencings, offenders are given community service credit, and the fee is waived.

SEALING OF RECORD In order to have a case sealed, the Motion to Seal Record can be filed no sooner than one year from the date the case has been resolved (terminated from probation, dismissed, or other conditions by the Court have been satisfied). A $50 filing fee must accompany the motion. The probation department will conduct an investigation and will advise the Judge as to the appropriateness of the motion. A hearing will be set approximately one month from the date of filing at which time the Judge will make his ruling.