Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-18 - Release revocation hearing

Current through all regulations passed and filed through July 1, 2024
(A) If the decision is made to commence
			 revocation proceedings pursuant to section
			 2967.15 of the Revised Code or
			 to report a violation of a post-release control sanction to the parole board
			 for a hearing pursuant to division (F)(3) of section
			 2967.28 of the Revised Code, the
			 releasee shall receive a hearing prior to revocation of release or, in the case
			 of a releasee under post-release control, prior to increasing the duration of
			 post-release control or imposing a prison term sanction. A hearing is not
			 required if a non-suspended felony sentence has been imposed upon him by an
			 Ohio court for an offense committed while on release or a felony sentence which
			 includes a prison term has been imposed upon him by an Ohio court and not been
			 modified by judicial release under section
			 2929.20 of the Revised Code. The
			 hearing shall be conducted in accordance with specific procedures adopted by
			 the division of parole and community services which include the following
			 guidelines:
(1) The hearing shall be held at
			 the county jail or other facility in which the releasee is in custody, or at
			 another place designated by the unit supervisor.
(2) The hearing shall be conducted by a
			 parole board member or hearing officer.
(3) The hearing is to determine whether there
			 is a preponderance of the evidence, taking the record as a whole, that the
			 releasee violated a condition of release or post-release control sanction and
			 whether mitigating circumstances make revocation inappropriate or, in the case
			 of a releasee under post-release control, whether mitigating circumstances make
			 an increase in the duration of pos-trelease control or the imposition of a
			 prison term sanction inappropriate. The determination of the appropriate
			 sanction rests within the sound discretion of the parole board member or
			 hearing officer.
(4) Revocation of
			 release or imposition of a prison term sanction as a post-release control
			 sanction shall be considered when the violation involves one or more of the
			 following:
(a) A deadly weapon or dangerous
			 ordnance;
(b) Physical harm or
			 attempted serious physical harm to another person;
(c) Sexual misconduct;
(5) With respect to the
			 hearing, the releasee has the following rights:
(a) The right to receive prior to the hearing
			 a written notice setting forth the date, time and location of the hearing and
			 the specific violations the releasee is alleged to have committed.
(b) The right to be heard in person and
			 present relevant witnesses and documentary evidence.
(c) The right to confront and cross-examine
			 adverse witnesses unless the parole board member or hearing officer
			 specifically finds good cause for not allowing confrontation. In the event that
			 confrontation is disallowed, specific reasons for the same shall be documented
			 in the record of proceedings.
(d)
			 The right to disclosure of evidence presented against the releasee.
(e) The right to representation by counsel if
			 the parole board member or hearing officer finds that the charges and/or the
			 evidence to be presented are complex or otherwise difficult for the releasee to
			 present. If the releasee cannot afford to retain counsel, assistance, upon
			 request, will be provided by the office of the state public defender.
(f) The right to a written digest by the
			 parole board member or hearing officer if requested.