Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-19 - Recommended reduction of non-life felony indefinite prison term

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule applies to the discretion granted to the
			 director, under section2967.271
			 of the Revised Code, to recommend that a sentencing court reduce the minimum
			 prison term of an incarcerated adult serving a non-life felony indefinite
			 prison term.
(B)
								As used in this rule:
(1)
									"Recommended
			 reduction" means the recommendation from the director to the sentencing court
			 that the sentencing court grant a reduction in the minimum prison term imposed
			 on a specified incarcerated adult who is serving a non-life felony indefinite
			 prison term.
(2)
									"Non-life felony indefinite prison term" is defined
			 under division (GGG) of section
			 2929.01
			 of the Revised Code.
(3)
									"Exceptional conduct while incarcerated" means behavior
			 which is unusually good and demonstrates a level of excellence not commonly
			 displayed by an incarcerated adult in the advancement of their rehabilitation
			 and adjustment to incarceration. An incarcerated adult may demonstrate
			 exceptional conduct while incarcerated if they:
(a)
										Engage in, and
			 complete, all recommended programming, including any educational
			 programming;
(b)
										Address all criminogenic needs identified in the
			 incarcerated individual's case plan;
(c)
										Engage in
			 meaningful and extensive community service;
(d)
										Participate in
			 pro-social groups and activities;
(e)
										Maintain positive
			 social ties to individuals in the community;
(f)
										Develop a clear
			 plan for their reentry into the community, including identifying suitable
			 housing and creating a plan for gainful employment; and
(g)
										Demonstrate a
			 dedication to personal rehabilitation.
(4)
									"Adjustment to
			 incarceration" means that:
(a)
										The incarcerated adult is classified as security level
			 1 or security level 2 at the time of the petition;
(b)
										The incarcerated
			 adult is not housed in limited privilege housing or restrictive housing at the
			 time of the petition;
(c)
										The incarcerated adult is not an active or disruptive
			 member of a security threat group at the time of the petition;
(d)
										In the two years
			 preceding the incarcerated adult's petition, the incarcerated adult has not
			 been found guilty of violating any of the rules set forth in rule
			 5120-9-06
			 of the Administrative Code, "Inmate Rules of Conduct", by the rules infraction
			 board;
(e)
										In the five years preceding the incarcerated adult's
			 petition, the incarcerated adult has not been found guilty of violating rule 4,
			 36, 37, or 38, as set forth in rule
			 5120-9-06
			 of the Administrative Code, "Inmate Rules of Conduct"; and
(f)
										During the term
			 of the incarcerated adult's current sentence, the incarcerated adult has not
			 been found guilty of violating rule 1, 2, 3, 4, 5, 6, 11, 12, 14, 15, 16, 29,
			 31, 33, 34, or 52 as set forth in rule
			 5120-9-06
			 of the Administrative Code, "Inmate Rules of Conduct."