Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-02 - Screening, selection, and notice of transfer

Current through all regulations passed and filed through July 1, 2024
(A) All prisoners shall be screened to
			 determine initial transitional control eligibility based on the criteria
			 established in rule
			 5120-12-01 of the Administrative
			 Code.
(B) Prisoners deemed eligible
			 for transitional control consideration shall be interviewed by a unit
			 manager/designee to receive an explanation of the transitional control program
			 and to determine if the prisoner desires to be considered for transitional
			 control. An institutional summary report shall be prepared for prisoners
			 desirous of further consideration.
(C) Prisoners serving any indeterminate
			 sentence and deemed eligible shall be considered for transitional control by
			 the parole board. If a projected parole date has been determined as of the
			 effective date of this rule, the prisoner shall be considered without a hearing
			 by a panel of the parole board.
(D)
			 Prisoners serving a definite sentence shall be determined eligible for transfer
			 to transitional control by means of a review of the prisoner's record by the
			 adult parole authority.
(E) At
			 least sixty days prior to transferring to transitional control a prisoner who
			 is serving a definite term of imprisonment or definite prison term of
			  less than one year for an offense committed on or after
			 July 1, 1996, or who is serving a minimum term of  less than one
			 year under a non-life felony indefinite prison term, the department of
			 rehabilitation and correction shall give notice of the pendency of the transfer
			 to the sentencing court and of the fact that the sentencing court may
			 disapprove the transfer of the prisoner to transitional control. If the court
			 disapproves the transfer of the prisoner to transitional control, the division
			 of parole and community services shall not proceed with the transfer. If the
			 court does not disapprove the transfer, the division may transfer the prisoner
			 to transitional control.
(F) Within
			 the time frames required under section
			 2930.16 of the Revised Code, the
			 department shall notify any victim or victim's representative who is required
			 to be given notice under section
			 2930.16 of the Revised Code; the
			 law enforcement agency that arrested the inmate if any officer of that agency
			 was a victim of the offense and is required to be given notice under that
			 section; the prosecuting attorney if required to be given notice under that
			 section; and any member of the victim's immediate family as defined in section
			 2967.12 of the Revised Code when
			 the family member has requested notification and is required to be given notice
			 under section 2930.16 of the Revised Code of
			 the pendency of the transfer and of the victim's right to submit a statement to
			 the division regarding the impact of the transfer of the prisoner to
			 transitional control. In the case of a notice that pertains to an aggravated
			 murder; murder; an offense of violence as defined in section
			 2901.01 of the Revised Code of
			 the first, second, or third degree; or an offense for which a sentence of life
			 imprisonment was imposed, if the offense was committed before March 22, 2013
			 and the department has not previously successfully provided notice to the
			 victim with respect to that offense and the prisoner who committed it, the
			 notice shall inform the victim that the victim may request that the victim not
			 receive any further notices with respect to that offense or the prisoner who
			 committed it. Such notice shall describe the procedure for requesting that
			 further notices not be provided. Notification under this paragraph may be
			 provided by ordinary mail, electronic means, or telephone. If the victim
			 submits a statement, the division shall consider the statement in deciding
			 whether to transfer the prisoner to transitional control.
(G) If it is determined at any time that the
			 prisoner will not be placed on transitional control, the prisoner shall be
			 notified in writing of this fact.