reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-15 - Certification of Qualification for Employment › Section 5120-15-01 - Certification of qualification for employment

Current through all regulations passed and filed through July 1, 2024
(A) All individuals that satisfy the
			 eligibility criteria specified in paragraph (C) or (D) of this rule may
			 petition the deputy director of the division of parole and community services
			 for a certificate of qualification for employment pursuant to section
			 2953.25 of the Revised Code. by
			 filing a petition through the designated website at
https://www.drccqe.com
.
(B) An individual is eligible to file a
			 petition with the deputy director of parole and community services for a
			 certificate of qualification for employment, if the following criteria are met:
(1) The individual is subject to one or more
			 collateral sanctions as defined by section
			 2953.25 of the Revised
			 Code;
(2) If the offense that
			 resulted in the collateral sanction is a felony, it has been more than one year
			 since the individual has been released from all sanctions, including
			 incarceration in a state or local facility or any term of supervision, imposed
			 for that offense;
(3) If the
			 offense that resulted in the collateral sanction is a misdemeanor, it has been
			 more than six months since the individual has been released from all sanctions,
			 including incarceration in a state or local facility or any term of
			 supervision, imposed for that offense.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-16 - Confidentiality for Persons Assisting in Carrying out Death Sentences › Section 5120-16-01 - Confidentiality application for persons who assist in carrying out a court-ordered sentence of death by lethal injection

Current through all regulations passed and filed through July 1, 2024
(A)
								 Section
			 2949.221 of the Revised Code was
			 enacted to protect the identities of persons who assist the department of
			 rehabilitation and correction in carrying out a court-ordered sentence of death
			 by lethal injection, in order to protect those persons from harassment and
			 potential physical harm. Pursuant to division (D)(2) of section
			 2949.221 of the Revised Code, a
			 person who is not an individual must apply in writing to the director of the
			 department of rehabilitation and correction to receive the rights, protections
			 and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section
			 2949.221 of the Revised Code.
			 The purpose of this rule is to establish the procedure according to which a
			 person who is not an individual may apply in writing to the director of the
			 department of rehabilitation and correction for recognition of the rights,
			 protections and limitations described in divisions (B)(1), (B)(2), and (B)(3)
			 of section 2949.221 of the Revised
			 Code.
(B)
								 As used in this rule, "person" has the same meaning as
			 in section 1.59 of the Revised Code
			 ("person" includes an individual, corporation, business trust, estate, trust,
			 partnership, and association).
(C)
								 The application
			 procedure for a person who is not an individual to receive the rights,
			 protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3)
			 of section 2949.221 of the Revised Code is
			 as follows:
(1)
									 The person shall submit an application in the form of a
			 letter or other written document to the director of the department of
			 rehabilitation and correction, addressed to the current address of the
			 department's operation support center. The application, in the form of a letter
			 or other written document, shall:
(a)
										 Identify the person by name, address and phone
			 number;
(b)
										 Identify the person's principal contact and his or her
			 phone number and address;
(c)
										 Identify the activity under division (B) of section
			 2949.221 of the Revised Code
			 that qualifies the person for the rights, protections and limitations specified
			 in divisions (B)(1), (B)(2), and (B)(3) of section
			 2949.221 of the Revised
			 Code;
(d)
										 Expressly request that the director grant the person's
			 application for the rights, protections and limitations specified in divisions
			 (B)(1), (B)(2), and (B)(3) of section
			 2949.221 of the Revised
			 Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-02 - Screening and selection for transfer to community-based substance use disorder treatment program

Current through all regulations passed and filed through July 1, 2024
(A) All prisoners shall be screened to
			 determine initial eligibility for transfer to a community-based substance use
			 disorder treatment program based on the minimum criteria established in rule
			 5120-17-01 of the Administrative
			 Code.
(B) With respect to those
			 prisoners that meet the minimum criteria established in rule
			 5120-17-01 of the Administrative
			 Code, the department, in conjunction with staff from the department of mental
			 health and addiction services or other similarly
			 qualified entity, shall:
(1) Determine,
			 using a standardized assessment tool, whether the prisoner has a substance use
			 disorder and the extent of the substance use disorder.
(2) Determine whether the prisoner is
			 physically and mentally capable of uninterrupted participation in the substance
			 use disorder treatment program.
(3)
			 Determine whether the prisoner shows signs of drug or alcohol withdrawal and
			 whether the prisoner requires medical detoxification.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-03 - Transfer, transportation and conditions of participation

Current through all regulations passed and filed through July 1, 2024
(A) The bureau of
			 community sanctions shall have the following responsibilities:
(1) Notify the bureau of sentence computation
			 and institution designee concerning the status of each prisoner approved for
			 transfer to the facility of a community treatment provider.
(2) Coordinate the transfer and
			 transportation of the prisoner with the prison institution and the facility of
			 the community treatment provider where the prisoner will be confined and
			 receive treatment.
(3) In the event
			 that an offender becomes ineligible for transfer to a community treatment
			 provider due to newly discovered evidence, institutional disciplinary
			 infractions subsequent to the transfer approval, or for any reason when the
			 transfer would be contrary to law or when the transfer would be inconsistent
			 with the purposes of the community-based substance use disorder treatment
			 program, the bureau of community sanctions shall notify the prisoner in writing
			 that the prisoner will not be transferred and the reason(s) for the
			 disapproval.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-04 - Electronic monitoring of prisoners

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (C)(3) of section
			 5120.035
			 of the Revised Code, prisoners in the substance use disorder treatment program
			 may, after an appropriate length of stay at the facility of the community
			 treatment provider, be confined in an approved residence and be monitored by an
			 electronic monitoring device for the remainder of the prisoner's stated prison
			 term. The decision to place a prisoner on electronic monitoring at an approved
			 residence shall be made by the community treatment provider, however, this
			 decision is subject to review and reversal by the department. The following
			 criteria shall be considered prior to placing a prisoner on electronic
			 monitoring at an approved residence:
(1) The
			 prisoner's level of engagement and participation in the treatment
			 program;
(2) The prisoner's
			 behavior and rule violation history;
(3) The suitability of the proposed residence
			 as determined by paragraph (B) of this rule;
(4) The effect that such a placement will
			 have on the prisoner's ability to successfully re-enter the community, reduce
			 substance use relapses and reduce recidivism.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-05 - Supervision fees and disbursement of earnings

Current through all regulations passed and filed through July 1, 2024
(A)
								 The department
			 of rehabilitation and correction may require a prisoner who is transferred into
			 the substance use disorder treatment program, including prisoners placed on an
			 electronic monitoring device while in the program, to pay a fee to the division
			 of parole and community services for reasonable expenses incurred in
			 supervising or confining the prisoner while in the substance use disorder
			 treatment program, in accordance with division section
			 5120.56 of the Revised
			 Code.
(1)
									
			 Payments received by the division shall be deposited into the offender
			 financial responsibility fund.
(2)
									 A prisoner's
			 inability to pay those expenses shall not be grounds for refusing to transfer
			 an otherwise eligible prisoner into the substance use disorder treatment
			 program.
(3)
									 Payments deposited in the offender financial
			 responsibility fund pursuant to this rule shall be used solely to pay costs
			 related to the operation of the substance use disorder treatment
			 program.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-06 - Issuance of passes

Current through all regulations passed and filed through July 1, 2024
(A)
								 The treatment
			 provider may issue passes for the temporary release from a treatment facility
			 of prisoners transferred into the substance use disorder treatment program for
			 certain limited purposes. No passes shall be issued to a prisoner within thirty
			 days of the prisoner's arrival to the treatment facility. Prior to issuing a
			 pass, the treatment facility director or designee shall evaluate whether
			 issuing the pass is appropriate considering the prisoner's risk level and the
			 prisoner's participation, response and adjustment to the treatment
			 program.
(B)
								 Passes may be issued for the following purposes:
(1)
									 To visit a dying
			 relative;
(2)
									 To attend the funeral of a relative;
(3)
									 To visit with
			 family;
(4)
									 To arrange or attend employment;
(5)
									 To aid in the
			 prisoner's rehabilitation and facilitate successful reentry, as determined by
			 the treatment provider facility director (or designee).
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-07 - Sanctions

Current through all regulations passed and filed through July 1, 2024
(A) Whenever a
			 prisoner violates rules of the community treatment provider or rules of
			 participation in the substance use disorder treatment program, the treatment
			 provider shall take appropriate action in response to the violation behavior.
			 Such action may include the imposition of a sanction which may range from
			 warning the prisoner to refrain from future violation behavior to referring the
			 prisoner to the treatment provider's behavioral review committee for a possible
			 recommendation for a return to a state correctional institution. Treatment
			 provider staff and hearing officers have discretion to reasonably impose
			 various sanctions in response to violation behavior.
(B) When a prisoner in the substance use
			 disorder treatment program is believed to have violated any major rule or
			 condition of the program, which may warrant the revocation of transfer to the
			 facility of the treatment provider, the adult parole authority shall be
			 informed of the violation as soon as possible, but no later than the next
			 business day following the violation.
(C) A behavioral review committee composed of
			 staff from the treatment provider facility shall review alleged program rule
			 violations by offenders that may result in a return to an
								
			 institution. Prisoners shall be provided written notice of an alleged program
			 rule violation. If the prisoner is unavailable due to
			 
								incarceration or violator-at-large status,
			 alleged violations of program rules shall be submitted in writing to the
			 behavioral review committee. If the prisoner is available and disputes the
			 alleged program rule violation, the offender may submit information in writing
			 to the behavioral review committee stating the reasons for his or her
			 objection. After reviewing an alleged violation and any written information
			 submitted by the prisoner, the committee shall make a recommendation to the
			 bureau of community sanctions regarding the offender's termination from the
			 program and return to prison pursuant to rule
			 5120-17-08 of the Administrative
			 Code. Prior to making its recommendation, the committee may require the
			 prisoner to appear before the committee and submit additional information. The
			 committee shall be comprised of at least three members. The chair of the
			 committee shall be a member of management of the treatment provider.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-08 - Return to the institution for administrative reasons

Current through all regulations passed and filed through July 1, 2024
(A)
								 A prisoner shall
			 be removed from the substance use disorder treatment program and returned to
			 prison if any of the following events occur:
(1)
									 After transfer
			 to the facility of a treatment provider, it is learned that the prisoner does
			 not meet all of the eligibility requirements set forth in rule
			 5120-17-01
			 of the Administrative Code.
(2)
									 After transfer
			 to the facility of a treatment provider, the prisoner requests by signed
			 writing to voluntarily withdraw from the substance use disorder treatment
			 program.
(3)
									 The department of rehabilitation and correction
			 obtains information that the prisoner has received an added sentence or
			 information about a conviction that makes the prisoner
			 ineligible.
(4)
									 A jurisdiction files with the department of
			 rehabilitation and correction a detainer for one or more unadjudicated felony
			 charges, a sentence imposed but not yet served, a parole or probation
			 violation, or any other reason which causes the bureau of community sanctions
			 to reasonably believe that the prisoner is an escape risk.
(5)
									 A jurisdiction
			 subpoenas a prisoner to testify or appear at an out of state
			 hearing.
(6)
									 Circumstances arise, through no fault of the prisoner,
			 which prevents the completion of the substance use disorder treatment program
			 in the community.
(7)
									 Unacceptable adjustment to the substance use disorder
			 treatment program or any program rule violation.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-09 - Successful completion of the program

Current through all regulations passed and filed through July 1, 2024
(A)
								A prisoner shall
			 be deemed to have successfully participated in and completed the treatment
			 program if the prisoner was not removed from the program and returned to a
			 department of rehabilitation and correction institution and if the community
			 treatment provider determines that the prisoner satisfactorily participated in
			 the treatment program. The community treatment provider shall make this
			 determination in writing no later than fourteen days prior to expiration of the
			 prisoner's stated prison term and shall provide a copy to the bureau of
			 community sanctions. The community treatment provider shall include in its
			 written notice of successful completion of the program an evaluation and
			 description of the prisoner's participation in the treatment program and a
			 description of the prisoner's needs regarding continued substance use disorder
			 treatment upon release.
(B)
								The department shall, prior to expiration of the
			 prisoner's stated prison term, and with input from the community treatment
			 provider, prepare an evaluation and description of the prisoner's participation
			 in the treatment program, and an evaluation of the prisoner's needs regarding
			 substance use disorder treatment upon release. The parole board shall consider
			 this evaluation when assessing the prisoner for mandatory or discretionary
			 post-release control pursuant to section
			 2967.28 of the Revised
			 Code.
Effective: 4/1/2016
Five Year Review
				(FYR) Dates: 01/08/2021
Promulgated Under:
				111.15
Statutory
				Authority: 5120.01,
				5120.035
Rule
				Amplifies: 5120.035
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-02 - Supervision fees

Current through all regulations passed and filed through July 1, 2024
(A) The department of rehabilitation and
			 correction, division of parole and community services (DP&CS) shall recover
			 from offenders under supervision on or after the effective date of this rule, a
			 supervision fee, pursuant to division (D)(5) of section
			 5120.56 of the Revised Code.
			 Offenders placed on, or moved to monitored time, shall not pay a supervision
			 fee.
(B) The division of parole and
			 community services shall ascertain the fee to be assessed under this rule after
			 determining the average costs of supervision per offender, and considering the
			 following factors:
(1) The ability, in
			 general, of the offender population to pay a fee.
(2) The compliance level desired by the
			 division of parole and community services.
(3) The offender supervision fees assessed by
			 other states.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-03 - Minimum eligibility for release on parole

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in rule
			 5120:1-1-06 of the
			 Administrative Code for shock parole, rule
			 5120:1-1-40 of the
			 Administrative Code for parole of dying prisoners and section
			 2967.18 of the Revised Code for
			 emergency paroles, no inmate serving an indefinite sentence shall be released
			 on parole until he has served the minimum term reduced pursuant to rule
			 5120-2-04 of the Administrative
			 Code for jail-time credit, diminished pursuant to rule
			 5120-2-05 of the Administrative
			 Code for good behavior, and diminished pursuant to rule
			 5120-2-06 of the Administrative
			 Code for productive program participation, and rule
			 5120-2-07 of the Administrative
			 Code for maintaining minimum security. Provided, Chapter 5120-2 of the
			 Administrative Code shall not be applied in such a manner as to
			 unconstitutionally extend the minimum period for eligibility for parole of any
			 prisoner in contravention of any statutory provision which may have been in
			 effect at the time the crime was committed.
(B) Except as provided in rule
			 5120:1-1-40 of the
			 Administrative Code for parole of a dying prisoner, no inmate serving any
			 sentence of life imprisonment shall be released on parole until he has served
			 the number of years specified in rule
			 5120-2-10 of the Administrative
			 Code reduced as provided in rule
			 5120-2-04 of the Administrative
			 Code.
(C) Except as provided in
			 rule 5120:1-1-06 of the
			 Administrative Code for shock parole, rule
			 5120:1-1-40 of the
			 Administrative Code for parole of dying prisoners,
								section
			 2967.18 of the Revised Code for
			 emergency paroles, and section
			 2967.132 of the Revised Code for
			 offenses committed by a minor, no inmate serving a definite sentence
			 shall be released on parole.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-06 - Shock parole

Current through all regulations passed and filed through July 1, 2024
(A)
								Former section
			 2967.31 of
								 Revised Code provides the parole board
			 with the discretion to release on parole a prisoner sentenced prior to the repeal date of the statute, July 1,
			 1996, who is confined in a state correctional facility, at any time after
			 serving six months in the custody of the department of rehabilitation and
			 correction if all the following apply:
(1)
			 The offense for which the prisoner was sentenced is other than:
(a) Aggravated murder
(b) Murder
(c) An aggravated felony of the first,
			 second, or third degree
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-07 - Procedure for release on parole and shock parole; factors that shall be considered in a release hearing

Current through all regulations passed and filed through July 1, 2024
(A) An inmate may be released on or about the
			 date of his eligibility for release, unless the parole board, acting pursuant
			 to rule
			 5120:1-1-10
			 of the Administrative Code, determines that he should not be released on such
			 date for one or more of the following reasons:
(1) There is substantial reason to believe
			 that the inmate will engage in further criminal conduct, or that the inmate
			 will not conform to such conditions of release as may be established under rule
			 5120:1-1-12
			 of the Administrative Code;
(2)
			 There is substantial reason to believe that as the unique factors of the
			 offense of conviction significantly outweigh the inmate's rehabilitative
			 efforts, the release of the inmate into society would create undue risk to
			 public safety and/or would not further the interest of justice nor be
			 consistent with the welfare and security of society;
(3) There is substantial reason to believe
			 that due to serious infractions of rule
			 5120-9-06
			 of the Administrative Code, the release of the inmate would not act as a
			 deterrent to the inmate or to other institutionalized inmates from violating
			 institutional rules and regulations;
(4) There is need for additional information
			 upon which to make a release decision.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-08 - Full board hearings

Current through all regulations passed and filed through July 1, 2024
(A) A full board hearing shall be conducted
			 by the parole board regarding the proposed parole or re-parole of an offender
			 under the following circumstances:
(1) A
			 board hearing officer, board member, or the office of victims' services
			 petitions the board for a full board hearing and the board members determine by
			 a majority vote that a full board hearing shall be held.
(2) The proposed parole or re-parole involves
			 a prisoner serving a sentence for a violation of section
			 2903.01 of the Revised Code; a
			 violation of section 2903.02 of the Revised Code; the
			 commission of an offense of violence as defined in section
			 2901.01 of the Revised Code if
			 the offense of violence is a felony of the first, second, or third degree; or
			 the commission of an offense punished by a sentence of life imprisonment and a
			 written petition for a full board hearing is filed by one or more of the
			 following:
(a) The victim's
			 representative;
(b) The spouse of
			 the victim of the original offense;
(c) The parent or parents of the victim of
			 the original offense;
(d) The
			 sibling of the victim of the original offense; or
(e) The child or children of the victim of
			 the original offense.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-10 - Initial and continued parole board hearing dates; projected release dates

Current through all regulations passed and filed through July 1, 2024
(A) The initial
			 hearing for each inmate who is parole eligible shall be held on or about the
			 date when the prisoner first becomes eligible for parole pursuant to rule
			 5120:1-1-03 of the
			 Administrative Code.
(B) In any
			 case in which parole is denied at a inmate's regularly constituted parole
			 hearing, the parole board shall:
(1) Set a
			 projected release date in accordance with paragraph (D) of this rule,
			 or
(2) Set the time for a
			 subsequent hearing, which shall not be more than ten years after the date of
			 the hearing. This paragraph, paragraph (B)(2) of
			 this rule, applies to any individual who is eligible for parole consideration
			 under section 2967.132 of the Revised
			 Code.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-11 - Procedure of release consideration hearing

Current through all regulations passed and filed through July 1, 2024
(A) A hearing shall be held by the parole
			 board prior to the release of an inmate in a state correctional institution
			 pursuant to rule
			 5120:1-1-07 of the
			 Administrative Code.
(B) The
			 decisions of the parole board which result from the hearings shall be recorded
			 and published in its official minutes.
(C) As determined by the parole board chair
			 or designee, a release consideration hearing may be conducted by a hearing
			 panel that may consist of one or more parole board members. Hearing officers
			 may assist parole board members on hearing panels if administratively necessary
			 for the purpose of making a recommendation for or against release to a parole
			 board member.
(D) Except for full
			 board hearings and death penalty clemency hearings, each hearing or interview
			 shall be conducted with the inmate personally present or present via
			 telecommunications, unless the parole board chair or designee determines for
			 good cause shown that attendance by the inmate is inappropriate or
			 unwarranted.
(E) A hearing officer
			 interview with the inmate may be conducted by a parole board hearing officer as
			 designated by the parole board chair for the purpose of making a recommendation
			 for or against release to a parole board member.
(F)
								The inmate's
			 attorney is permitted to appear at the institution panel hearing of an inmate
			 whose parole consideration is determined under section
			 2967.132 of the Revised
			 Code.
(G) Following a
			 hearing, the decision or recommendation shall be communicated to the inmate in
			 writing as soon as administratively possible thereafter unless, in the judgment
			 of the hearing body, an undue risk to the security of the institution or to a
			 person or persons would thereby be created.
(H) In the event the
			 decision of the parole board is to deny release of an inmate, the inmate and
			 warden shall be furnished within fourteen working days after the decision is
			 finalized:
(1) A written notice stating the
			 grounds under rule
			 5120:1-1-07 of the
			 Administrative Code upon which such determination was based, indicating which
			 of the factors specified in rule
			 5120:1-1-07 of the
			 Administrative Code were considered as significant to its decision;
(2) A written notice of the date on or about
			 which the inmate shall be entitled under rule
			 5120:1-1-10 of the
			 Administrative Code to another release hearing.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-12 - Conditions of release

Current through all regulations passed and filed through July 1, 2024
(A) The parole board shall impose upon the
			 releasee such conditions of release as it deems reasonably necessary to ensure
			 that the releasee will lead a law-abiding life and to assist the releasee in
			 leading a law-abiding life.
(B) The
			 parole board shall impose the following minimum conditions of release:
(1) The releasee shall abide by all federal,
			 state, and local laws and ordinances and all rules and regulations of the
			 department of rehabilitation and correction;
(2) The releasee shall obtain permission, in
			 writing, from the adult parole authority before leaving the state;
(3) The releasee shall comply with all lawful
			 orders given to the releasee by the department of rehabilitation and
			 correction, its authorized agents, or its representatives, which shall include
			 any sanctions that may be imposed in response to violation behavior at any time
			 during supervision;
(4) The
			 releasee shall not possess, own, use, or have under the
			 releasee's control any firearm, deadly weapon, or dangerous ordnance.
(5)
									The releasee is
			 not authorized to enter the grounds of any correctional facility nor attempt to
			 visit any prisoner or communicate with any prisoner in any manner without first
			 obtaining written permission from the releasee's supervising
			 officer.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-13 - Discharge from parole

Current through all regulations passed and filed through July 1, 2024
(A) A parolee who has faithfully performed
			 all the conditions of his parole and who has obeyed the rules of parole
			 established by the adult parole authority shall be granted a final release by
			 the  authority
			 upon the written recommendation of the superintendent of parole
			 supervision.
(B) No parolee shall
			 be granted a final release from parole earlier than one year after the parolee
			 has been released from the institution on parole unless his maximum sentence
			 has expired prior to the expiration of one year.
(C) No parolee whose minimum sentence is life
			 shall be released from parole earlier than five years after the parolee has
			 been released from the institution.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 2967.01, 2967.16
Prior Effective Dates: 04/01/2005,
				04/15/2010, 07/11/2016
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-14 - Victim conference

Current through all regulations passed and filed through July 1, 2024
(A) The adult parole authority
			 will
			 make staff available to meet with the victim, the victim's representative, or
			 one or more members of the victim's immediate family as defined in section
			 2967.12 of the Revised Code to
			 discuss the potential release of an inmate scheduled for a release
			 consideration hearing. Victim conferences are held within a reasonable period of
			 time preceding the release consideration decision. Victim conferences
			 are
			 scheduled at the request of the victim, the victim's representative, or a
			 member of the victim's immediate family.
(B) Each victim conference
			 is up
			 to one hour in duration and 
			 conducted by a person or persons identified by the parole board chair or the
			 chair's designee. Victim conferences may be conducted virtually at the
			 discretion of the parole board chair or the chair's designee.
(C) A victim conference may be attended by
			 three individuals, not including adult parole authority staff. The number of
			 attendees may exceed three individuals if prior approval is given by the parole
			 board chair or the chair's designee. If the number of individuals seeking to
			 attend a victim conference exceeds the number of individuals authorized to
			 attend a single victim conference, the adult parole authority shall, upon
			 request, schedule one or more additional victim conferences if the release
			 consideration hearing that is the subject of the conference 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 any other offense for which a sentence
			 of life imprisonment was imposed.
(D) During a victim conference, the victim,
			 the victim's representative, or a member of the victim's immediate family may
			 provide any information that the attendee considers relevant. An attendee may
			 supplement any information that the attendee provides orally during the
			 conference with information provided through various media, including, but not
			 limited to, written correspondence, photographs, video tapes, or audio tapes.
			 Victim conference communications are confidential and
			 not public records under section
			 149.43 of the Revised
			 Code.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-15 - Pardon, reprieve and commutation of sentence

Current through all regulations passed and filed through July 1, 2024
(A) All applications for pardon, reprieve or
			 commutation of sentence shall be made in writing to the parole board.
(B) When an application for a pardon,
			 reprieve or commutation of sentence is filed with the parole board, the parole
			 board shall conduct such investigation as is necessary and make a
			 recommendation to the governor. A hearing may be held at the discretion of the
			 parole board prior to making a recommendation to the governor. Such hearing if
			 held, shall be before at least a majority of the members of the parole
			 board.
(C)
								
								Within required timeframes specified in section
			 2967.12 of the Revised Code,
			 notice of 
								any hearing held to
			 consider pardon, reprieve, or commutation of sentence shall be provided
			 to the prosecuting attorney;
								 the judge of the court of common pleas
			 of the county in which the  applicant was 
								indicted;
								
								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; 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. Where there is more than one judge of the court of common pleas,
			 the notice shall be provided to the presiding judge. The department of
			 rehabilitation and correction may
			 provide notice  by ordinary mail,
			 telephone, or electronic means.
(D) Such notice shall contain the following:
(1) The name of the applicant;
(2) The crime for which the applicant was
			 convicted;
(3) The date of
			 conviction;
(4) The term of
			 sentence.
(5)
									 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 offender 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 offender who
			 committed it. Such notice shall describe the procedure for requesting that
			 further notices not be provided.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-16 - Violator at large

Current through all regulations passed and filed through July 1, 2024
(A) Whenever an offender absconds from the
			 supervision of the adult parole authority, such fact shall be reported in
			 writing by the unit supervisor, or supervising officer of the offender, to the
			 chief of the adult parole authority or designee pursuant to the policies and
			 procedures of the division of parole and community services.
(B) Upon receipt of such written report the
			 offender may be declared a violator-at-large and such declaration entered into
			 the official minutes of the adult parole authority or such decision may be
			 delayed pending further investigation.
(C) Upon apprehension of a violator-at-large,
			 or declaration that an offender is a violator-at-large, the procedures as set
			 forth in rules
			 5120:1-1-31 and
			 5120:1-1-34
			 of the Administrative Code shall apply.
(D) The procedures as set forth in this rule
			 shall not apply to probation offenders or community control offenders under the
			 supervision of the adult parole authority.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule
				Amplifies: 5149.02
Prior Effective Dates: 10/15/1975, 12/20/1996,
				04/01/2005
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-17 - Responding to release violations

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to rules
			 5120:1-1-12 and
			 5120:1-1-41 of the
			 Administrative Code, the parole board has significant discretion to impose
			 conditions of release and post-release control sanctions designed to protect
			 the public and promote the offender's successful reintegration into the
			 community. This rule does not limit any discretion to impose special conditions
			 or post-release control sanctions that exist under those rules.
(B) Whenever an offender under the
			 supervision of the adult parole authority commits a violation of the conditions
			 of release or post-release control sanction, the authority will take
			 appropriate steps in response to the violation behavior. These steps may range
			 from warning the releasee to refrain from future violation behavior to
			 revocation of release or the imposition of a prison sanction. Parole officers,
			 supervisors, and hearing officers have discretion to reasonably impose various
			 sanctions in response to violation behavior. The division of parole and
			 community services may adopt specific procedures to carry out the purpose of
			 this rule.
(C) When considering the
			 imposition of further sanctions, the parole officer or the parole board shall
			 consider the degree of seriousness of the violation and the risk and needs
			 assessment of the offender. If a post-release control sanction is violated, the
			 factors in paragraph (E) of rule
			 5120:1-1-41 of the
			 Administrative Code that were considered when the violated sanction was
			 originally imposed shall again be considered.  In general, the most restrictive sanction imposed for
			 most 
			 violations of the conditions of release that do not
			 constitute new criminal offense behavior will be a nonresidential
			 community sanction. Sanctions that may be imposed by the adult parole authority
			 without a hearing include, but are not limited to, the following:
(1) Community service;
(2) Office reporting;
(3) Upgrades in supervision levels;
(4) Mandatory employment;
(5) Structured supervision
			 activities;
(6) Summons before a
			 unit supervisor;
(7) Substance
			 abuse monitoring/treatment;
(8)
			 Residential curfew;
(9) More
			 frequent reporting requirements;
(10) Formal written reprimand;
(11) Program placement;
(12) Summons to appear before the parole
			 board for review of the offender's performance on release.
(13) Electronic monitoring.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-19 - Procedures after revocation of release

Current through all regulations passed and filed through July 1, 2024
(A) If, after a hearing provided for in rule
			 5120:1-1-18
			 of the Administrative Code, a person's release is revoked, whether or not the
			 person shall be considered for further release prior to the expiration of his
			 sentence depends upon the type of release and sentence or sentences he is
			 serving.
(B) If the person was on
			 shock parole, he 
								shall be scheduled for a hearing to consider
			 further release on shock parole prior to the expiration of his definite
			 sentence, or initial parole eligibility if serving an indefinite sentence by
			 the hearing officer in accordance with rule
			 5120:1-1-18
			 of the Administrative Code.
(C) If
			 the person was on any type of release other than shock parole, from a pre-SB2
			 definite sentence, the person shall serve the balance of the pre-SB2 definite
			 sentence.
(D) If the person had
			 been released on parole after the expiration of the minimum sentence (with
			 diminution) the person 
								shall be scheduled for a parole release
			 consideration hearing by the hearing officer or the
			 parole board member in accordance with rule
			 5120:1-1-18
			 of the Administrative Code.
(E) If
			 the person had been released on transitional control or pursuant to section
			 2967.05 of the Revised Code
			 prior to his initial parole release consideration hearing, and that date has
			 not yet passed, he 
								shall be scheduled for a parole release
			 consideration hearing at his initial eligibility date.
(F) If the person had been denied release at
			 his initial parole release consideration hearing and released on transitional
			 control or pursuant to section
			 2967.05 of the Revised Code
			 prior to the end of the continuance, and that date has not yet passed, he
			 shall be
			 scheduled for a parole release consideration hearing at the end of the
			 continuance.
Effective: 7/11/2016
Five Year
				Review (FYR) Dates: 01/07/2015 and
				01/08/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 5120.01,
				5149.02
Rule
				Amplifies: 2967.15
Prior
				Effective Dates: 12/1/93, 12/1/95 (Emer), 8/16/96, 4/1/2005,
				12/01/2008
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-20 - Review procedure for early release consideration

Current through all regulations passed and filed through July 1, 2024
(A) A prisoner who
			 was denied release at a regular parole release hearing that occurred before
			 April 1, 1998 and scheduled for his next parole hearing between twenty months
			 and twenty years after the date of that hearing will be scheduled for a release
			 hearing after half the length of the continuance. For the purpose of this rule,
			 a regular parole release hearing is a hearing conducted for the purpose of
			 determining whether or not to release the prisoner on parole after he has
			 served the time required by section
			 2967.13 of the Revised Code. A
			 parole revocation hearing or a hearing by the parole board to consider a
			 prisoner for shock parole, furlough or any other type of release is not a
			 regular parole release hearing for the purpose of this rule and shall not
			 establish a right to have the prisoner's case heard early pursuant to this
			 rule. A prisoner granted a projected release date or denied release at a parole
			 hearing on or after April 1, 1998 shall not be reviewed pursuant to this rule.
(B) A prisoner who was denied
			 release at a regular parole release hearing that occurred before April 1, 1998
			 and scheduled for his next parole hearing twenty years or more after the date
			 of that hearing will be scheduled for a release hearing ten years from the date
			 of that hearing.
R.C. 119.032 review dates:
				01/07/2010 and
				01/07/2015
Promulgated
				Under: 111.15
Statutory Authority: 5120.01, 5149.10
Rule
				Amplifies: 5149.10
Prior Effective Dates: 10/15/75, 1/2/79, 11/9/81,
				8/29/83, 7/1/93 (Emer.),
9/13/93, 3/16/98 (Emer), 1/1/2002
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-21 - Revocation of release if releasee recommitted for new offense

Current through all regulations passed and filed through July 1, 2024
(A) The adult
			 parole authority shall revoke the release of any releasee who is recommitted to
			 the department of rehabilitation and correction to serve a prison term for a
			 felony sentence imposed upon him by any court in Ohio for an offense he
			 committed while on any release granted by the adult parole authority
			  or serving a period of parole supervision
			 pursuant to rule
			 5120-11-19
			 of the Administrative Code.
(B)
			 This revocation shall be accomplished by the issuance of minutes by the adult
			 parole authority after it has verified that the sentence was imposed for an
			 offense that occurred while the prisoner was under release status.
(C) If the prisoner was on release from a
			 definite sentence only, is recommitted to serve a definite sentence or
			 sentences, and is not serving any indefinite sentence, there shall be no
			 further release consideration and the offender shall serve the balance of the
			 aggregate definite sentence, diminished pursuant to rules
			 5120-2-04
			 to 5120-2-08 of the Administrative Code, unless the prisoner becomes eligible
			 for release on transitional control.
(D) If the prisoner was on release from an
			 indefinite sentence or one or more sentences for which he is recommitted is an
			 indefinite sentence, he shall be scheduled for a parole release hearing when
			 eligible pursuant to rules
			 5120-2-03
			 to 5120-2-08 and rule
			 5120:1-1-13
			 of the Administrative Code.
(E) The
			 foregoing procedures do not apply to the class identified in the consent decree
			 appended to the reported decision of Kellogg v. Shoemaker No. 2-90-CV-606 (S.D.
			 Ohio). The procedures for this class are set forth in that consent
			 decree.