Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-03.1 - Determination of stated prison terms and life sentences when multiple terms or sentences are imposed

Current through all regulations passed and filed through July 1, 2024
(A) This rule applies only to prison terms
			 imposed for offenses committed on or after July 1, 1996, to be served with the
			 department of rehabilitation and correction.
(B) A prison term 
								is to be served
			 consecutively to any other prison term as provided by law.
(C) A prison term 
								is to be served
			 concurrently, not aggregated, with any other prison term imposed by a court of
			 this state, another state, or of the United States, except as otherwise
			 provided by law.
(D) When multiple
			 stated prison terms are imposed to run concurrently, the offender
			 
								is
								 deemed to be serving the longest of the
			 stated terms so imposed. If, however, the various prison terms are subject to
			 different amounts of reduction for jail time credit, the offender
			 
								is to
			 be released after serving the longest diminished stated prison term.
(E) When multiple life sentences with parole
			 eligibility or a minimum term are imposed to run concurrently, the offender
			 becomes eligible for parole after serving the longest of the minimum terms or
			 time to parole eligibility of the life sentences. If, however, the life
			 sentences are subject to different amounts of reduction for jail time credit,
			 the offender 
								is eligible for parole after serving the longest
			 diminished minimum term.
(F) When
			 consecutive stated prison terms are imposed, the term to be served is the
			 aggregate of all of the stated prison terms so imposed.
(G) When multiple life sentences with parole
			 eligibility or a minimum term are imposed to run consecutively, the offender
			 becomes eligible for parole after serving the aggregate of the minimum terms or
			 time to parole eligibility of the life sentences.
(H) An offender serving a sentence of life
			 imprisonment without parole is not eligible for parole and
			 
								is to
			 be imprisoned until death, whether or not the offender is also serving any
			 other sentences or prison terms.
(I) When a one, three or six-year mandatory
			 prison term is imposed pursuant to division (B)(1)(a)(i) of section
			 2929.14 of the Revised Code, for
			 using a firearm in the commission of an offense, such term
			 
								is to
			 be served consecutively with, and prior to, the stated prison term or life
			 sentence imposed for the offense.
(J) When a one, three or six-year mandatory
			 prison term is imposed pursuant to division (B)(1)(a)(i) of section
			 2929.14 of the Revised Code, for
			 using a firearm in the commission of an offense, and a five-year mandatory
			 prison term is imposed pursuant to division (B)(1)(a)(ii) of section
			 2929.14 the Revised Code, for
			 committing a felony by discharging a firearm from a motor vehicle, such terms
			 
								are
			 served consecutively to each other and the aggregate term
			 
								is to
			 be served consecutively with, and prior to, the stated prison term or life
			 sentence imposed for the offense.
(K) When a mandatory prison term is imposed
			 for a felony, other than for using a firearm in the commission of an offense or
			 for committing a felony by discharging a firearm from a motor vehicle, such
			 mandatory term 
								is to be served prior to any non-mandatory
			 portion of the stated prison term or life sentence imposed for the
			 offense.
(L) When multiple
			 mandatory prison terms are imposed for felonies, other than for using a firearm
			 in the commission of an offense or for committing a felony by discharging a
			 firearm from a motor vehicle, the aggregate of all such terms
			 
								is to
			 be served first and then the aggregate of any non-mandatory portion of the
			 stated prison terms and/or life sentences imposed for the offenses
			 
								is to
			 be served.
(M) When an offender is
			 serving any stated prison terms consecutively to any life terms of imprisonment
			 and/or to any one, three, five and/or six-year mandatory prison terms imposed
			 pursuant to division (B)(1)(a)(i) of section
			 2929.14 the Revised Code, for
			 using a firearm in the commission of an offense, and/or division (B)(1)(a)(ii)
			 of section 2929.14 of the Revised Code, for
			 committing a felony by discharging a firearm from a motor vehicle, the
			 aggregate of all such one, three, five and/or six-year mandatory prison terms
			 
								is to
			 be served first. Then, consistent with division (C) of section
			 2929.14 of the Revised Code, the
			 aggregate of all other mandatory definite prison terms
			 
								is to
			 be served, then the aggregate of the non-mandatory portion of the definite
			 stated prison terms 
								is to be served, then the mandatory non-life
			 felony indefinite prison terms, then the non-life felony indefinite terms, and
			 then the aggregate of the life terms of imprisonment 
								is to be
			 served.
(N) When multiple sentences
			 are imposed for felonies committed on or after July 1, 1996, there
			 
								is
								 no limit or cap to the total number of
			 years for aggregate stated prison terms and/or life sentences
			 imposed.