1. Information required to file a criminal complaint—The Clerk of Court shall not accept any criminal complaint for filing unless it is accompanied by the completed information form prescribed by the court.
2. Time- Except in the case of minor misdemeanor cases where no arrest is made, a criminal complaint, as well as other charging documents, and the case information sheet required by subsection A) of this rule, shall be submitted to the Clerk of Court no later than 12:00 a.m. of the morning that the case is to be scheduled for initial appearance, arraignment, or preliminary hearing.
   
   In the case of minor misdemeanor cases where a summons is issued in lieu of arrest, the complaint, as well as the other case information required by subsection (A) of this rule, shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the summons or ticket.
3. Appearance on the docket- An individual arrested and jailed in lieu of bail on an outstanding warrant, and/or charged in a criminal complaint filed with the Clerk of Court prior to 12:00 a.m., midnight, on the day following arrest, shall appear on the initial appearance, arraignment, or preliminary hearing docket, as appropriate, on the next business day of court.
4. Untimely filing of complaints- No complaint filed after 12:00 a.m. on a business day of court may be docketed for that day without the specific authorization of the judge or magistrate presiding over that docket, and for good cause shown.
5. Consolidation of misdemeanor cases involving the same defendant- The Clerk shall immediately, upon receipt, time stamp and review all new criminal misdemeanor charges accepted for filing to determine if the defendant charged has any other outstanding warrants, capiases, or active criminal or traffic cases pending before a judge or magistrate of this court.
   
   New criminal misdemeanor charges filed with the Clerk, involving defendants with active criminal or traffic cases pending on the personal docket or dockets of one or more of the judges of this court, shall, upon the defendant’s entry of a “not guilty” plea, be assigned to the personal docket of the judge with the oldest active case pending before the court at the time the new charges are filed, pursuant to Local Rule 2.08(E).  Application of this section may be waived by the court for good cause shown.
6. Individuals arrested and charged with misdemeanor offenses, who are eligible for station house release, or who post bail, shall have their initial appearance before the Court in Courtroom 3C according to the following schedule:
   
   

   Friday release		Tuesday appearance
   Saturday release		Wednesday appearance
   Sunday release		Thursday appearance

   On Monday holidays this schedule shall remain the same, except that those individuals arrested and charged with misdemeanor or traffic offenses and released by posting bond or station house released on Monday, shall appear on Friday of that same week.

7. At arraignment the defendant, either on his or her own behalf or by and through counsel, may enter one of the following pleas:
   
   
   1. guilty
   2. not guilty
   3. no contest
   4. not guilty by reason of insanity

   A defendant, upon entry of a plea of “not guilty,” or “not guilty by reason of insanity,” may demand a jury trial (except in those instances where a minor misdemeanor has been charged).  Also, upon a plea of “not guilty,” the court shall inquire as to whether or not the defendant intends to waive the statutory right to a speedy trial.

8. Upon a plea of “not guilty” or “not guilty by reason of insanity,” cases shall be assigned to the judge to whom the oldest pending case was previously assigned.
   
   
   1. If the defendant has a pending case or cases before a judge or judges of this court at the time that a subsequent not guilty or not guilty by reason of insanity plea is entered, the new case shall be assigned to the judge to whom the oldest pending case was previously assigned.
   2. For purposes of misdemeanor arraignment, probation cases shall be treated as though they were still pending.  Thus, the new case or cases of a defendant pleading not guilty to misdemeanor charges before this court, who at that time, is already on probation to a judge or judges of this court, shall be assigned to the individual personal docket of the judge to whom the oldest “pending” case is assigned.
9. A defendant may elect to enter a “not guilty” plea in writing, without making a personal appearance before a judge or magistrate.
   
   
   1. All such pleas shall be entered with the Clerk of Court on the date scheduled for the defendant’s arraignment on the charge or charges.
   2. No pleas will be accepted by the Clerk of Court by telephone.
   3. Neither the Clerk of Court nor the court itself shall allow a defendant who is the subject of an active arrest warrant to utilize the provisions of this rule.
   4. Prior to the commencement of every misdemeanor arraignment session, the Clerk of Courts shall make “not guilty” plea forms available to those defendants who qualify to use the provision of this rule.
   5. “Not guilty” pleas tendered in accordance with the provisions of this rule shall immediately be assigned to the personal docket of a judge of this court, entered on the court’s electronic journal and noted on the court file.  The case shall be scheduled for either trial or pretrial and the defendant shall be handed in writing the name of the judge to whom the case is assigned, as well as the date and time of the next scheduled court appearance.
   6. All pleas tendered under this rule are subject to compliance with Criminal Rule 10(B).
10. The court shall provide counsel to all indigent defendants facing the prospect of incarceration.
11. Disposition of Minor Misdemeanor Cases where the Defendant has been arrested
    
    

    Minor misdemeanor offenses do not carry incarceration as a possible penalty.  Therefore, in those cases where an arrest is made for a minor misdemeanors pursuant to Revised Code §2935.26, because an arrestee could not be properly identified, refused to sign a citation or was unable to care for his/herself, law enforcement shall issue to the arrestee a citation.  Following processing, law enforcement shall inform the arrestee of the right to enter either a not guilty plea, or in the alternative, to waive the right to a court appearance and resolve the matter with the entry of a plea of guilty or no contest.

    If the arrestee chooses to enter a not guilty plea, law enforcement shall immediately allow him/her 1) to execute a “not guilty” plea form, 2) to be provided with the date and location for arraignment in the Cleveland Municipal Court, and 3) to be given stationhouse release immediately, pending initial appearance in court unless the arrestee is unable to care for him/herself or needs medical attention.  The citation and the plea shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the citation.

    If the arrestee chooses to enter either a guilty or no contest plea, law enforcement shall immediately allow him/her to 1) execute an appropriate waiver and plea form, and (2) be released immediately from custody upon execution of the waiver and plea form, unless the arrestee is unable to care for him/herself or needs medical attention.  The citation, waiver and plea forms shall be filed with the Clerk of Court by law enforcement for further disposition, no later than two days after a guilty or not contest plea is entered following a minor misdemeanor arrest.

    Additionally, even when persons are arrested pursuant to capias issued by the court for failure to appear to answer a minor misdemeanor offense citation, they shall, following processing, be informed of their right to enter a plea as stated above.  If held only on minor misdemeanor citations, an arrestee shall be afforded the opportunity to enter pleas pursuant to this order regardless of the number of minor misdemeanor offenses pending and regardless of the bond amount, if any.

    Finally, if a person is arrested pursuant to a time to pay capias then, the fine shall be satisfied at fifty dollars per day.  Multiple fines shall be satisfied concurrently.  Once fine is satisfied, arrestee should be released.

    In instances where a person is arrested pursuant to a capias, the capias shall be recalled by the Clerk of Court and the plea shall be journalized.

    Under no circumstances shall a defendant be held in custody on a minor misdemeanor beyond initial appearance before a judge or magistrate of this court.

Upon the issuance of a criminal temporary protection order by the court, pursuant to Ohio Revised Code Section 2919.26(E)(2), a Form 10.02A shall be completed by the court, served upon the parties and entered into the Law Enforcement Automation Data System for statewide dissemination. Form10.02A and a copy of the order shall be delivered to all law enforcement agencies that have jurisdiction to enforce the order.

Consistent with the provisions of Rule 36(C)(2) of the Rules of Superintendence for the Courts of Ohio, when a defendant with a pending charge of Domestic Violence, Menacing by Stalking, or Aggravated Trespass, before this court, is subsequently charged with a violation of a temporary protection order, the new case shall be assigned to the same judge who is assigned to hear the pending case of Domestic Violence, Menacing by Stalking, or Aggravated Trespass.

Any new charge of violation of a protection order, involving a defendant subject to the provisions of an active protection order pending before this court, and issued pursuant to RC 2919.27, RC 311.31, RC 2903.213, RC 2919.214 or a substantially similar municipal ordinance, shall upon a plea of not guilty, be assigned to the individual docket of the judge assigned to hear the original complaint that gave rise to the protection order, consistent with the provision of Rule 3(B)(2) of the Ohio Rules of Superintendence for Municipal and County Courts.

The judge or magistrate assigned to Particular Session Three shall arraign all persons charged with criminal misdemeanor offenses in the General Division of this court, except as provided in Local Rule 4.06.  In addition, the judge assigned to Session Three shall hear and dispose of all criminal misdemeanor cases, where pleas of “guilty” or “no contest” are offered prior to assignment to the individual docket of a judge of the General Division of this court.  After the initial appearance on a criminal misdemeanor charge, requests for continuances within the session shall be made in accordance with Local Rule 3.04.  The Session Three judge shall also hear motions filed in criminal misdemeanor cases prior to individual case assignment that address defects in complaints, pursuant to Rule 12(B)(2) of the Ohio Rules of Criminal Procedure.

The judge assigned to Session Three shall continue to his or her individual docket the following types of cases:

1. those pending determination of the competence to stand trial of a defendant who has entered a plea of “not guilty by reason of insanity”
2. those pending determination of eligibility for the Selective Intervention Program
3. those pending completion of a pre-sentence investigation upon a plea of “guilty” or “no contest” with a finding of guilty

 

For purposes of monthly reports to the Ohio Supreme Court, said cases shall be treated as having remained in Session Three.

Pursuant to Rule 43(B) of the Rules of Superintendence for the Courts of Ohio and Ohio Revised Code Sections 2743.70 and 2949.091(A)(1), where an individual has been charged with more than one offense arising out of the same act, transaction, or series of acts or transactions, costs shall be assessed to the case number associated with the complaint, and not to the individual charges contained within the complaint bearing alphabetical identifiers associated with the case number.

Where an individual has been charged with more than one waiverable offense arising out of the same act, transaction, or series of acts or transactions, the waiver amount shall be calculated by referring to Schedule B of these local rules.  The Clerk of Court shall deduct from the total amount paid, and transmit to the appropriate agencies, an amount equal to the court costs mandated by state law and/or local rule to be paid for the case as a whole, and not for the individual charges contained therein.

The judge assigned to Session Four shall:

1. Conduct initial appearances and preliminary hearings for all persons charged with the commission of felonies within the court’s jurisdiction, in compliance with the statutory time limits provided in the Ohio Revised Code.  After initial appearance, requests for continuances within session shall be made in accordance with Local Rule 3.04
2. Hear all motions for protection orders in criminal cases appearing in the Particular Sessions of the General Division of this court, except as may otherwise be provided by special Administrative Court Order, and shall, where appropriate, set bail to accomplish any of the purposes or objectives of Crim. R. 46.
3. Conduct arraignments for all cases where violations of RC 2919.25, RC 2919.27, RC 3113.31, RC 2903.213, RC 2903.214, or any substantially similar municipal ordinance are charged.  The Clerk shall, on a daily basis, create for Particular Session Four a separate docket to include and consolidate the arraignments and protection order hearings required by the provisions of this subsection.
4. Set all bonds in cases where violations of RC 2919.25, RC 2919.27, RC 3113.31, RC 2903.213, RC 2903.214, or any substantially similar municipal ordinance are alleged, except as may be otherwise provided by Administrative Court Order.  In the event that the judge serving in Particular Session Four is not available to set bond, bond may be set by resort to the procedure set forth in Local Rule 4.04.

 

A. Time-To-Pay

1. At the time of sentencing the judge/magistrate may grant a defendant's request for Time-To-Pay (TTP) the fine, costs and/or fees in a given case and shall set the payment due date. The Clerks' Office shall furnish the court with TTP information sheets to provide to defendants.
2. If TTP is allowed, defendants granted TTP shall report to the Clerk's Office to complete the TTP contractual agreement form before leaving the courthouse.
3. The Clerk shall advise defendants of the full amount assessed and attempt to collect an initial minimum partial payment at the time of establishing the payment plan, unless otherwise ordered.
4. If a defendant does not request TTP on the day of sentencing, the amount assessed must be paid no later than five o'clock, p.m., on the next business day of court.e defendant fails to enter into, or to comply with, a TTP agreement, the Clerk shall initiate the court's failure to pay collection process

B.  Failure to Pay

1. If the defendant fails to pay the amount assessed by five o'clock on the next business day of court following sentencing or by the deadline of the TTP agreement, the Clerk of Court shall initiate the court's failure to pay collection process.
2. If the defendant does not request TTP at the time of sentencing and fails to pay the amount assessed by five o'clock on the day after sentencing, but appears in person to request a payment plan, the Clerk may grant the defendant TTP and suspend the collection process.
3. If the defendant is unable to pay the amount assessed by the TTP due date, the defendant shall contact the Criminal Division of the Clerk of Court's office, in person prior to the TTP due date. The Clerk of Court's office shall check the docket and advise the defendant of the following options:

a. Appear in person before the Clerk of Court Criminal Division on or before the due date and complete a second TTP form. The Clerk shall grant one or more thirty (30) day extensions to the original TTP due date as needed. The defendant will be charged an additional $5.00 court cost for each monthly extension. The Clerk shall docket the extension and the new due date.

b. Appear in person before the Clerk of Court Criminal Division by the TTP due date and file a Motion for an Ability to Pay Hearing. The Clerk shall set the case before the sentencing judge to determine defendant's financial ability of paying the outstanding amount due and owing.


4. If the defendant fails to receive a TTP extension, and fails to file a Motion for an Ability to Pay Hearing, the Clerk shall initiate the court's failure to pay collection process.
5. The failure to pay collection process shall begin with a letter to the defendant, sent within seven (7) days of court appearance, giving the defendant notification of the default in payment and a thirty (30) day deadline to appear at the Clerk of Court's office to make payment arrangements to prevent further action.
6. If the defendant appears in person at the Clerk of Court's office within thirty (30) days of the initiation of the collection process to pay the amount assessed, the Clerk shall accept payment and, for good cause shown in the Clerk's discretion, may extend additional TIP for any residual amount still due and owing on the amount assessed.
7. If the defendant appears in person at the Clerk of Court's office within the thirty (30) day time frame of the initiation of the collection process but is unable to make any payment, the defendant may file a motion to have the case set before the sentencing judge to determine the defendant's ability to pay the outstanding amount due and owing.
8. After the expiration of the thirty (30) days, the Clerk's office shall reduce the unpaid balance of fine, fees and costs to judgment and proceed to execute collection efforts.

C. Time-To-Pay on Waiverable Offenses

1. The Clerk of Court shall accept money tendered as partial payment on offenses defined as waiverable under Loc. R. 4.19(A), if the defendant fails to tender the total waiver amount required by Loc. R. 4.19(A)(1) or (2).
2. The Clerk shall notify a defendant who tenders a partial waiver payment, in person, via U.S. Postal Service, or electronically, depending upon the means by which the payment was received, of the remaining amount still due and owing.
3. After providing notice of the deficiency to the defendant, the Clerk shall afford the defendant the opportunity to enter into a TTP agreement with the Clerk of Court's Office for the outstanding balance due.
4. If the defendant fails to enter into, or to comply with, a TTP agreement, the Clerk shall initiate the court's failure to pay collection process.

​The Clerk of Court is authorized to accept payment from a defendant even after the
failure to pay process is initiated. Once full payment is received or arrangements to pay
are agreed upon by the defendant and the Clerk, all collection processes will be
concluded, provided the defendant has no other outstanding financial obligations to the
court and the defendant abides by the terms of the agreement. Upon payment in full, any
registration hold placed against defendant will be removed.

Pursuant to the Fourth Amendment to the United States Constitution, a probable cause determination procedure for the timely review by a neutral magistrate of arrests, where charges have been filed in this court, shall be kept on file in the Administrative Services Department.  This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.

Individuals charged with misdemeanors before this court, who have not been admitted to bond under the terms and conditions of the court’s bail schedule, shall have their bail set at the time of their initial appearance before a judge or magistrate of the court, unless written information is filed with the clerk and presented to the judge assigned to Session 3, or in the judge’s absence, the Administrative Judge or designee, which establishes to the court’s satisfaction the existence of an emergency or other exigent circumstances justifying the defendant’s earlier release.

Individuals charged with felonies before this court, who have not been admitted to bond, shall have their bail set at the time of their initial appearance before a judge of the court, unless written information is filed with the clerk and presented to the judge assigned to Session 4, or in the judge’s absence, the Administrative Judge or designee, which establishes to the court’s satisfaction the existence of an emergency or other exigent circumstances justifying the defendant’s earlier release.

All bail in felony cases shall be set pursuant to the considerations of Rule 46(A) of the Ohio Rules of Criminal Procedure

1. Upon the failure of the accused or witness to appear in accordance with its terms, the bail bond shall, in open court, be adjudged forfeited in whole or in part by the judge or magistrate before whom the accused or witness is to appear (Ohio Revised Code Section 2937.35).  Once a recognizance or bail bond is forfeited, the Clerk of Court shall set the matter for a bond forfeiture hearing.
2. The Clerk of Court shall notify the prosecutor, the accused, and each surety, by ordinary mail at the address shown by them in their affidavits of qualification or on the record of the case, of the default of the accused and the bond forfeiture.  The accused and the sureties shall be required to show cause on or before a date certain to be stated in the notice why judgment should not be entered against each of them for the penalty in the recognizance pursuant to Ohio Revised Code Section 2937.36.  The show cause hearing shall be scheduled not less than twenty (20) nor more than thirty (30) days from the date of mailing the notice.
3. If good cause, by production of the body of the accused or otherwise, is not shown pursuant to Ohio Revised Code Section 2937.40, the magistrate shall thereupon enter a finding against the surety or sureties so notified, in such amount not exceeding the penalty of the bond.
4. The magistrate may continue a hearing for a period not to exceed six weeks, unless written approval for a longer continuance is obtained from the chief magistrate or the judge assigned to said case.
5. The magistrate shall prepare a decision upon the matters submitted to him or her by order of reference.  The decision of the magistrate shall be effective and binding only when approved and entered as a matter of record in the court’s journal by the judge to whom the case was originally assigned, or in his or her absence, the administrative judge, who in such case may approve the decision.  After judgment, proceeding shall be in accordance with Ohio Revised Code Section 2937.39.
6. Upon the rendering of a bond forfeiture judgment, the Clerk of Court shall send a copy of the judgment entry to each surety (through its agent bail bondsman), or to the individual who executed the bond, by ordinary mail.
7. The surety or individual shall be required to satisfy the judgment within sixty (60) calendar days from the date the order is journalized.  Failure to satisfy the judgment within that time will result in the loss of bond writing privileges for the surety named on the judgment.
8. When bond forfeiture has been reduced to judgment and a surety files a motion to vacate said judgment and the court grants the motion, the surety will be charged a sum equal to five percent (5%) of the original bond.  The order to vacate shall not be effective until payment of five percent (5%) is made.  Failure to pay the five percent (5%) fee within sixty (60) days of the granting of the motion to vacate will result in the full bond forfeiture judgment being reinstated.  The loss of bond writing privileges shall remain in effect as to the surety until all outstanding judgments or any portion thereof are paid in full.
9. The Court, as permitted by law, shall transfer any outstanding judgments to the civil docket for execution.

The Clerk of Court may accept the filing of criminal complaints by electronic transmittal.  The facsimile shall be treated as the original by this court for all purposes.

This Court may serve subpoenas by facsimile to the Cleveland Police Districts and may transmit bonds by facsimile to defendants in the custody of the Cleveland Police Department and/or the Division of Corrections.  The executed bonds may be returned to the Clerk of Court by facsimile.  The original facsimile bond signed by the defendant shall be returned by the Cleveland Police District and/or the Division of Corrections to the Clerk of Court at the end of the business day on which the bond was signed.

The Probation Department shall provide to individuals referred to it by the judges and/or magistrates of the court the Rules of Probation, Inactive Probation, and the Selective Intervention Program, as appropriate, on forms adopted and approved by the court.

A complete explanation of the Selective Intervention Program (SIP) and the fees associated with participation therein shall be given to each defendant referred to the Probation Department for screening for the program.

1. A defendant being considered for participation in the (SIP) program shall be screened by the Probation Department to determine eligibility prior to being placed in the program.
2. If the defendant is found to be eligible, the defendant shall be assessed a probation fee of $200.00 for participation in the (SIP) program and sealing of arrest record.  The total fee shall be paid prior to the termination of the program, and shall be due and owing regardless of whether the termination of the program is by “nolle prosequi” or other judicial termination.
3. If the judge is satisfied that the defendant is indigent or otherwise unable to pay, the judge may waive the Probation SIP fee for good cause shown.
4. Pursuant to Ohio Revised Code Sections 737.41 and 2951.021 and City of Cleveland Ordinance No. 1249-95, the SIP fee shall be paid to the Clerk of Court who shall pay said fee directly to the Municipal Probation Service Fund.

All persons referred to the Work Release Program (WRP) shall be assessed an administrative fee of $100.00.  Each judge shall render a complete explanation of the program and the fee to the defendant prior to referral to the Probation Department for screening for the program.

1. The judge will order a pre-sentence report with a notation to verify employment for possible work release participation.
2. After the judge reviews the pre-sentence report, he or she may sentence the defendant to serve days at the workhouse and participate in the (WRP) program.
3. If the judge orders work release, the fee must be paid to the Clerk of Court prior to the defendant participating in the program. The Clerk of Court will be responsible for sending verification of fee payment to the workhouse.
4. For good cause shown, the judge may waive the WRP fee if the judge is satisfied that the defendant is indigent or otherwise unable to pay.
5. Pursuant to Ohio Revised Code Section 1901.14, the WRP fee shall be paid to the Clerk of Court who shall pay said fee directly to the Treasurer of the City of Cleveland.

1. The judgment entry specified in Rule 32 of the Ohio Rules of Criminal Procedure shall be filed and journalized within thirty days of the verdict, decree, or decision. If the entry is not prepared and presented by counsel, it shall be prepared and filed by the court.
2. Approval of a judgment entry by a counsel or party indicates that the entry correctly sets forth the verdict, decree, or decision of the court and does not waive any objection or assignment of error for appeal.

1. Before December 1^st of each calendar year, the Clerk of this court shall prepare and forward to the Prosecuting Attorney of the City of Cleveland a printout of all four or more years old misdemeanor and traffic cases pending on the court’s dockets, wherein summons or warrants/capias have not been executed.  Such cases shall be deemed candidates for deletion from the docket, unless, following presentation and review, and for good cause shown, the Prosecuting Attorney declares specific cases appearing on the printout are still viable and requests that they be removed.
2. The Prosecuting Attorney’s review shall be completed and the Printout returned to the Clerk no later than December 15^th of each calendar year. After honoring the requests of the Prosecuting Attorney, the Clerk shall immediately prepare and deliver a Deletion Docket to the Administrative Judge of the court.  The Administrative Judge, following review, but before the end of the calendar year, shall order warrants and summons issued in these cases be recalled and that the said cases themselves be closed.
3. Upon receipt of the court’s order to remove the files appearing on the Deletion Docket, the Clerk shall immediately cause all warrants and summons pertaining to said cases to be removed from any law enforcement computer systems, including the Cleveland Police Department’s Record Management System (RMS), the State of Ohio’s Law Enforcement Automated Data System(LEADS), and the record systems of all other law enforcement agencies with whom these warrants or summons may have been registered.  The Clerk shall notify the Bureau of Motor Vehicle (BMV) to release any Warrant Blocks related to these cases.
4. Once all of the registered warrants/capias are properly recalled, the clerk shall enter on the electronic journal of the court that the said cases are closed, that the warrants and summons are recalled, and warrant blocks released, whereupon the cases may be archived consistent with the provisions Sup. R. 26.05(G)(2) through (5).

1. At any time prior to arraignment or thereafter with leave of court, the Clerk of Court may allow a defendant charged with traffic offenses, except those offenses listed in Rule 13(B) of the Ohio Traffic Rules, and/or minor misdemeanor offenses,  the opportunity to do either of the following:
   
   
   1. appear in person at the office of the Clerk of Court, sign a plea of guilty and waiver of the trial provision of the ticket, and pay the total waiver amount
   2. sign the guilty plea and waiver of trial provision of the ticket, and mail the ticket and a check, money order, or credit card number for payment of the total waiver amount to the Clerk of Court
2. Remittance by mail of the waiver amount to the Clerk of Court constitutes a guilty plea and waiver of trial, whether or not the guilty plea and waiver of trial provision of the ticket is signed by the defendant.
3. Where multiple offenses are issued, the Clerk of Court shall only accept waivers for all offenses charged.  However, where an offense under Rule 13(B) of the Ohio Traffic Rules exists or is otherwise not waiverable, or if the defendant wishes to appear in court on one of the charges, the Clerk of Court shall not accept any waiver, but shall set the case for hearing.
4. If a citing officer erroneously indicates that an offense appearing on a ticket is
   "Not Waiverable," the Clerk shall, upon determining the mistake, note the error, allow the ticket to be waived, and accept payment pursuant to the court's waiver fee schedule.

Pursuant to Rule 5(B)(1) of the Rules of Superintendence for the Courts of Ohio, a criminal case management procedure manual shall be kept on file in the Administrative Services Department, Central Scheduling Department, Clerk of Court’s office, and Magistrate’s Department.  This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.

The Clerk shall consult with the Sheriff of Cuyahoga County each day to determine the name, Social Security Number and date of birth, of all individuals who the Sheriff intends to transport to a state penal institution, under sentence of a judge of the Court of Common Pleas, or as a result of a Governor’s warrant for extradition.  The names of those included on said list shall be compared against the dockets, journals and indexes of the Cleveland Municipal Court.  Any outstanding cases involving individuals appearing on the Sheriff’s list shall be assembled on a special docket heard in Session Four.  Unless the Prosecuting Attorney notifies the court to the contrary, or some other good cause appears, the court will dismiss all cases appearing on this docket.

If the Prosecuting Attorney’s Office does notify the court that it wishes to continue the prosecution of any individual appearing on this docket, the court shall grant a reasonable continuance to allow for the prosecution to arrange for the defendant’s return from the penal institution to answer the charge.

In criminal cases where the defendant is represented by a public defender or other assigned counsel, when the defendant is determined to be marginally indigent by the Office of the Public Defender, the court may assess a fee of Fifty Dollars ($50.00) as an additional financial sanction to be paid as reimbursement of attorney fees.

Pursuant to R.C. 120.36, all defendants who request or receive a public defender, or any other counsel appointed by the court, shall be assessed a non-refundable application fee of twenty-five dollars to offset the costs of providing legal representation.  The court may reduce or waive the fee upon a finding that the person lacks financial resources that are sufficient to pay the fee, or that payment of the fee would result in an undue hardship.  A person’s present inability, failure, or refusal to pay the application fee shall not disqualify that person from legal representation.

The Cleveland Municipal Court offers a therapeutically oriented judicial approach to providing court supervision and appropriate treatment to individuals in responding to the growing needs of the community in the areas of substance abuse, recidivism, mental illness and war veteran issues. The Greater Cleveland Drug Court, the Mental Health Docket, and the Veterans Treatment Docket, shall all be designed and implemented to comply with the Specialized Docket Standards set forth Appendix I to Sup. R. 32.02.

(1) Implementing and complying with the Specialized Docket Standards for the

                Greater Cleveland Drug Court under Sup.R. 36.02(A) (1)

(A) Establishment of the Drug Court Specialized Docket:  The Greater Cleveland Drug Court Specialized Docket was established in 1998 to address problems of substance abuse and recidivism by providing intervention, access to a continuum of alcohol and other drug treatment and rehabilitation services, and close judicial supervision.  The goal of the Drug Court docket is to stop the abuse of alcohol and other drugs and related criminal activity by providing evidence based substance specific treatment and case management services. Drug Court targets high risk/high need offenders utilizing the Ohio Risk Assessment System tool.  The defendant must also satisfy the eligibility requirements of Section (B) of this rule. The Administrative Judge will select a Cleveland Municipal Court judge to preside over the Drug Court specialized docket.

(B) Placement in the Drug Court Specialized Docket:  To be eligible for participation in the drug court specialized docket a defendant must be an  alcohol or drug dependent individual with criminal charges and high risk for re-offending for whom court monitored treatment and other services would enhance their ability to lead a law-abiding substance free lifestyle.

Legal Eligibility Criteria

The following criteria must be met for inclusion in the specialized docket:

1. Candidates must be charged with a Misdemeanor 1st or 2nd degree or Felony 4 or Felony 5 drug possession offense or Felony 5 non-violent offense where drugs were the underlying factor and felony was amended to a qualifying misdemeanor charge.

2. Any misdemeanor 1^st or 2^nd degree charge where the offender is determined to be a drug dependent person.

3. The defendant is eligible for community control/probation.

4. The current and majority of past criminal behavior is drug-driven.

5. The defendant must demonstrate a sincere willingness to participate in a long term treatment process.

6. The defendant must score high to moderate risk using the Ohio Risk Assessment System (ORAS). Repeat individuals are considered eligible for Drug Court

Clinical Eligibility Criteria

A defendant is eligible for the drug court specialized docket only after a clinical assessment confirms a diagnosis of Drug and/or Alcohol dependence as set forth in the DSM –IV-TR Criteria for Substance Abuse and Alcohol Dependence

Exclusions

The following exclusions may make a candidate not eligible for participation in the Drug Court specialized docket program.

• Criminal history of sexually oriented or violent behavior;
• More than one prior non-violent felony conviction;
• Prior drug trafficking convictions;
• Case(s) in which charges are pending that may lead to convictions for a violent felony, sexually oriented felony, or drug trafficking;
• Crimes involving the use of a weapon;
• Crimes involving children as victims; or
• Violent offenses involving a victim with a serious injury;
• Health conditions that will prevent individuals from participation in the program;
• A severe mental illness or lacks the developmental capacity to complete the program.

(C) Specialized Docket Case Management: Persons eligible for Greater Cleveland Drug Court may enter the program through three different tracks. (1) Those who are charged within the City of Cleveland or the Village of Bratenahl with Felony 4 or Felony 5 drug possession offenses or Felony 5 non-violent offense where drugs were the underlying factor and amended to a misdemeanor charge., or (2) a Misdemeanor of the 1^{st or} 2^nd  degree charged in the Cleveland Municipal Court and referred to Drug Court by a Cleveland Municipal Court judge or (3) a referral from an identified Suburban Court as a condition of community control supervision by the probation department of the referring court. 

If a defendant does not meet the legal and clinical eligibility criteria the case shall be returned to the active docket of the originally assigned judge or referred back to the appropriate Suburban Court judge. Ineligible Felony cases shall be Bound Over to the Common Pleas Court.

(D)Termination from Drug Court Specialized Docket: As a result of non-compliance or inappropriate behavior, the Drug Court Judge may terminate a participant from the Drug Court program. Sanction for termination may result in the balance of the sentence  being ordered into execution. In certain instances, for good cause shown, participants may be terminated from the program without sanction by way of a neutral discharge.

Revised 10-16-13

(2) Implementing and complying with the Specialized Docket Standards for the

                The Mental Health Specialized Docket under Sup.R. 36.02(A) (1)

(A) Establishment of the Mental Health Specialized Docket:  The Mental Health  Specialized Docket (MHSD) was established April 25, 2013 to address special needs of those living with the challenges of mental health who become involved with criminal legal systems. The goal of the MHSD is to promote public safety by reducing recidivism, address mental health and substance abuses issues, and improve the participant’s quality of life by providing evidence based treatment and case management services. The MHSD targets high risk/high need offenders utilizing the Ohio Risk Assessment System tool.  The defendant must also satisfy the written eligibility requirements of Section (B) of this rule. The Administrative Judge will select a Cleveland Municipal Court judge to preside over the Mental Health Specialized Docket.

(B) Placement in the Mental Health Specialized Docket: The Mental Health Specialized docket serves City of Cleveland and Village of Bratenhal, Cuyahoga County residents charged with a 1^st through 2^nd degree misdemeanor offense and has severe and persistent mental illness that are contributing and mitigating factors in their law enforcement involvement and for whom court monitored treatment and other services would enhance their ability to lead a law-abiding life.

Legal Eligibility Criteria for inclusion in the Mental Health Specialized Docket pursuant to this rule shall be the following:

(1) A Misdemeanor of the 1^st or 2^nd degree charge pending in Cleveland Municipal Court;
(2) Offender has a persistent mental illness and would benefit from court monitored treatment.
(3) The defendant is eligible for community control on the current charge.
(4) Defendant has no other pending case(s) in which charges are pending that may lead to convictions for a violent felony or sexually oriented felony.
(5) The defendant must demonstrate a sincere willingness and be competent to voluntarily participate in the program.
(6)   Must be amenable to treatment and acknowledge a willingness to take medication, if prescribed.
(7) Medium to High Risk Offender based on the ORAS tool or repeat
offenders are considered eligible for MHSD.
(8) Placed on Community Control/Probation for a period of at least 18-24 months.    

Clinical Eligibility Criteria

There are three clinical eligibility criteria for the Mental Health Specialized docket:

1. The person must have an “Axis One” confirmed diagnosis that has been clinically assessed to be consistent with a severe and persistent mental illness.  These diagnoses included, but are not limited to, the following diagnostic categories:

- Schizophrenia or other psychotic disorders,
- Bi-Polar with psychotic features

2. The person must be stable enough to understand and comply with program requirements; and
3. The person must not pose an unacceptable risk to program staff, family, or community.

Exclusions

The following exclusions shall make a candidate not eligible for MHSD:

• Felony charges;
• Minor misdemeanors and third and fourth degree misdemeanor charges.

(C) Docket Case Management:

The MHSD utilizes the community behavioral health support services network to ensure the success of participants. Once legal and clinical eligibility is determined and the defendant has been admitted to the program and expresses a desire to participate, participants are assess and immediately placed into the appropriate level of treatment..

Participants meet with Probation Officer to establish a reporting schedule and status review hearing appointments. A licensed case manager will develop a goal-oriented individual case plan based on the results of the assessment. The treatment plan becomes the conditions of probation.  The available levels of care for participants include Intensive Outpatient Treatment, Individual Outpatient Counseling/Psychotherapy, Partial Hospitalization or Residential Treatment, Case Management Services, Psychiatric Support Services, Pharmacologic Management Services for both mental health and chemical dependency treatment needs. Submission to random, frequent and observed urinalysis testing is required. Upon successful completion of the program and as determined by the MHSD Treatment Team, participants shall attend a Graduation ceremony and receive a certificate.

(D)Termination from Mental Health Docket: Upon successful completion of MHSD requirements the defendant is graduated from the program. As a result of non-compliance or inappropriate behavior, the MHSD Judge may terminate a participant from the program. Sanction for termination during any phase of the program may result in either the balance of the sentence being ordered into execution. In certain instances, for good cause shown, participants may be terminated from the program without sanction by way of a neutral discharge.

(3) Implementing and complying with the Specialized Docket Standards for the

                Veterans Treatment Specialized Docket under Sup.R. 36.02(A) (1)

(A) Establishment of the Veterans Treatment Specialized Docket:  The Veterans Treatment Specialized Docket (VTSD) was established May 26, 2011 to address  problems of substance abuse, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) and recidivism of veterans who become involved criminally with the legal system in the City of Cleveland. Access to a continuum of services shall be provided by the Louis Stokes Cleveland Veterans Administration Medical Center (CVAMC), Cuyahoga County Veterans Service Commission (VSC), U.S. Department of Veterans Affairs Vet Centers (Vet Centers) and close judicial supervision from the court.  The goal of the VTSD is to promote public safety by reducing recidivism, increase veteran specific service engagement and improve the quality of life of military veterans. The VTSD targets medium to high risk/high need defendants utilizing the Ohio Risk Assessment System tool.  The defendant must also satisfy the legal and clinical eligibility requirements of Section (B) of this rule. The Administrative Judge will select a Cleveland Municipal Court judge to preside over the VTSD.

(B) Placement in the Veterans Treatment Specialized Docket:  To be eligible for participation in the Veterans Treatment specialized docket a defendant must be a veteran and have substance dependence or mental health disorder that are contributing and mitigating factors in their criminal involvement and for whom court ordered monitored treatment and other services would enhance their ability to lead a law-abiding life.

Legal and Clinical Eligibility Criteria for inclusion in the Veterans Treatment Specialized Docket pursuant to this rule shall be the following:

(1) Verified Eligible Military Service of being a Veteran of the U.S. Military or currently serving in the U.S. Armed Forces.

(2) A Misdemeanor of the 1^st or 2^nd degree charge pending in Cleveland Municipal Court;

(3) Clinically assessed as having a diagnosis of Substance Dependence and/ or Mental Health disorder or PTSD, TBI or Sexual Trauma as set forth in the DSM-IV Criteria;

(4) Placed on probation for a period of at least one year and/or referred for a Post/Pre-Sentence Investigation;

(5) The defendant is eligible for community control on the current charge;

(6) Medium to High Risk offender based on the ORAS or repeat offenders are considered eligible for the Veterans Treatment Docket.

(7) The defendant has no other case(s) in which charges are pending that may lead to convictions for a violent felony, sexually oriented felony, or drug trafficking;

(8) Eligible for Veterans Services through the Louis Stokes Cleveland Veterans Administration Medical Center, Veterans Service Commission or U.S. Department of Veterans Affairs, Vet Center and;

(9) The defendant must demonstrate a sincere willingness to participate in the  Veterans Treatment Specialized Docket.

Exclusions

The following exclusions may make a candidate not eligible for participation in VTSD:

• Defendants has prior sexually oriented convictions;
• Prior criminal history where there is evidence of the candidate’s non-compliance with conditions of probation or a prior Veterans Treatment Court;
• Defendant has other case(s) in which charges are pending that may lead to convictions for a violent felony, sexually oriented felony, or drug trafficking;
• A severe mental illness or lacks the developmental capacity to complete the program.

(C) Docket Case Management: The VTSD utilizes the LSCVAMC, VSC and Vet Centers substance abuse and mental health treatment network to ensure the success of participants. Once legal and clinical eligibility is determined and participant is admitted to the program, participants are assessed and immediately placed in the appropriate level of treatment.  Participants meet with the VA, VJOS to develop and carry out a goal-oriented “individual service plan”.  The available levels of care for participants include Intensive Outpatient Program, Outpatient, Sobriety Group, Residential Treatment and Case Management Services.  Submission to random, frequent and observed urinalysis testing is required.

(D)Termination from the Veterans Treatment Specialized Docket:  As a result of non-compliance or inappropriate behavior, the VTSD Judge may terminate a participant from the program.  Sanctions for termination during any phase of the program may result in the balance of the sentence being ordered into execution.  In certain instances, for good cause shown, participants may be terminated from the program without sanction by way of a neutral discharge.

Adopted April, 2014