Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-05 - Time off for good behavior

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided elsewhere in this
			 rule, an offender serving a felony sentence in a correctional facility operated
			 by the department of rehabilitation and correction may, by faithfully observing
			 the rules of the institution, earn a deduction of up to thirty per cent of his
			 minimum or definite sentence. The total amount of time that may be deducted
			 from the offender's sentence 
								is to be prorated and  be awarded monthly for obeying the rules of
			 the institution for that month.
(B)
			 Paragraph (A) of this rule does not apply to an offender serving a penitentiary
			 sentence imposed for a crime that occurred prior to July 1, 1983, if he/she
			 would have been entitled to earn more time off for good behavior under the laws
			 in effect at the time of the commission of the offense.
(C) This rule does apply to all reformatory
			 sentences for which the offender is delivered to this department on or after
			 the effective date of this rule, no matter when the offense was
			 committed.
(D) This rule does not
			 apply to prison terms imposed for offenses committed on or after July 1, 1996,
			 to be served with the department of rehabilitation and correction. If a person
			 is serving a term of imprisonment for both an offense committed before July 1,
			 1996 and an offense committed on or after July 1, 1996, paragraph (A) of this
			 rule applies only to that portion of the term for the
			 offense committed before July 1, 1996.
(E) An offender serving a life sentence that
			 is not subject to a reduction for time off for good behavior pursuant to rule
			 5120-2-10 of the Administrative
			 Code or pursuant to any section of the Revised Code is not entitled to the
			 reduction provided by this rule.
(F) To facilitate release planning, the
			 bureau of sentence computation 
								is to calculate for each offender the date of
			 parole eligibility or expiration date if all possible good time is earned. The
			 offender is, however, 
			 advised that this date is tentative and subject to change if he fails to
			 maintain good behavior.
(G) Unless
			 denied for failure to observe the rules of the institution, the diminution of
			 sentence provided for in paragraph (A) of this rule 
								is to be
			 credited to each offender at the expiration of each calendar month as provided
			 in this rule. Once diminution has been earned and properly credited for a given
			 month, it 
								is not to be reduced or
			 forfeited for any reason.
(H) If
			 notified by the rules infraction board that diminution of sentence is to be
			 denied pursuant for failure to observe the rules of the institution, the record
			 office 
								is
			 to note in the offender file the percentage and number of months of
			 denial.
(I) The cumulative total of
			 diminution of sentence granted pursuant to this rule plus any days of credit
			 awarded pursuant to rules
			 5120-2-06 and
			 5120-2-07 of the Administrative
			 Code 
								is
			 not to exceed for any offender one-third of the
			 minimum or definite sentence, or in the case of a life sentence for which
			 diminution and days of credit may be earned, one-third of the number of years
			 before parole eligibility. No term of actual incarceration imposed pursuant to
			 section 2929.71 or
			 2929.72 of the Revised Code, as
			 it existed prior to July 1,1996, for using a firearm in the commission of an
			 offense 
								is
			 to be considered as a part of a minimum sentence or a part of the number
			 of years before parole eligibility for eligible life sentences in calculating
			 the maximum possible diminution pursuant to this paragraph.
(J) An offender sentenced to a state penal
			 institution pursuant to division (E)(4) of section
			 2929.41 of the Revised Code as
			 it existed prior to July 1, 1996, 
								is
								 allowed
			 a deduction equal to one-third of his sentence.
(K) Except as provided in paragraph (B) and
			 paragraph (D) of this rule, the provisions of this rule
			  apply to all offenders who are
			 confined in a state correctional institution on or after November 1, 1987,
			 regardless of the date on which the offender committed the offense for which he
			 is confined. If, however, the offender began serving a term of imprisonment in
			 a state correctional facility before November 1, 1987, the provisions of this
			 rule apply only to the portion of the term served on and after November 1,
			 1987.
(L) For each offender
			 confined in a state correctional institution on or before October 31, 1987 who
			 has not, as of that date, served his minimum or definite sentence as diminished
			 pursuant to section 2967.19 of the Revised Code, the
			 portion of his sentence that has been served as of October 31, 1987 shall be
			 diminished for time off for good behavior pursuant to the rules in effect at
			 that time.
(M) This rule
			 
								does
			 not operate to extend the eligibility for parole of any offender already
			 committed to the custody of the department of rehabilitation and correction as
			 of the effective date of this rule.