Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-04 - Reduction of minimum and maximum or definite sentence or stated prison term for jail time credit

Current through all regulations passed and filed through July 1, 2024
(A) The department of rehabilitation and
			 correction 
								is
			 to reduce the minimum and maximum sentence, where applicable, the
			 definite sentence, the minimum and maximum of a non-life felony indefinite
			 prison term, or the stated prison term of an offender by the total number of
			 days specified by the sentencing court in the sentencing entry as required by
			 division (B)(g)(i) of section
			 2929.19 of the Revised Code; by
			 the number of days the offender was confined as a result of the offense,
			 between the date of the sentencing entry and the date committed to the
			 department, and by the number of days, if any, that the offender previously
			 served in the custody of the department of rehabilitation and correction
			 arising out of the offense for which the offender was convicted and sentenced
			 as determined by section
			 2967.191 of the Revised
			 Code.
(B) The sentencing court
			 determines the amount of time the offender served locally before being
			 sentenced. The court must make a factual determination of the number of days
			 credit to which the offender is entitled by law and include this information
			 within the sentencing entry as required by division (B)(f)(i) of section
			 2929.19 of the Revised Code.
(C)
			 When the sheriff delivers the offender to the department of rehabilitation and
			 correction's reception center, he 
								is to present the managing officer with a copy of
			 the documents set forth in section
			 2949.12 of the Revised Code,
			 unless the department and the sheriff have agreed to electronically processed
			 prisoner commitment.
(D) If the court's sentencing entry fails to
			 specify that the offender is entitled to any credit up to the date of
			 sentencing, the bureau of sentence computation 
								is to reduce
			 the sentence or stated prison term only by the number of days the offender was
			 confined between the date of the sentencing entry and the date the offender was
			 committed to the department.
(E) If
			 an offender is serving two or more sentences, stated prison terms or
			 combination thereof concurrently, the department 
								is to
			 independently reduce each sentence or stated prison term for the number of days
			 confined for that offense. Release of the offender is based upon
			 the longest definite, minimum and/or maximum sentence or stated prison term
			 after reduction for jail time credit.
(F) If an offender is serving two or more
			 sentences, stated prison terms or combination thereof, not to include a
			 non-life felony indefinite sentence, consecutively, the bureau of sentence
			 computation 
								is to aggregate the sentences, stated prison terms or
			 combination thereof pursuant to rule
			 5120-2-03,
			 5120-2-03.1, or
			 5120-2-03 of the Administrative
			 Code. The department of rehabilitation and correction
			 
								is to
			 reduce the aggregate definite sentence, aggregate stated prison term or
			 aggregate minimum and aggregate maximum sentences or combination thereof, as
			 determined by rule
			 5120-02-03,
			 5120-2-03.1 or
			 5120-2-03.2 of the
			 Administrative Code, by the total number of days the offender was confined for
			 all of the offenses for which the consecutive sentences, stated prison term or
			 combination thereof were imposed. Generally, when consecutive sentences, stated
			 prison terms or combination thereof are imposed by multiple sentencing entries,
			 the bureau of sentence computation 
								is to reduce the aggregate sentence, stated
			 prison terms or combination thereof by the sum of the days specified in each of
			 the sentencing entries plus the number of days the offender was confined
			 between the last sentencing date and the date committed to the
			 institution.
(G) If an offender is
			 serving one or more non-life felony indefinite sentences consecutively, the
			 bureau of sentence computation will independently reduce the minimum and
			 maximum sentence, by the total number of days specified in each sentencing
			 entry. Unless otherwise instructed by the court, the bureau of sentence
			 computation will include the number of days the offender was confined between
			 the last sentencing date and the date committed to the institution.
(H) The bureau of sentence computation will
			 rely upon the latest sentencing entry of the court in determining the total
			 days of local confinement in accordance with division (B)(2)(g)(v) of section
			 2929.19 of the Revised
			 Code.
(I) The bureau of sentence
			 computation 
								is not to reduce a
			 sentence, stated prison term or combination thereof for jail time credit except
			 in accordance with this rule. A party questioning either the number of days
			 contained in the sentencing entry is to be instructed to address
			 
								the
			 concerns to the court. Unless the court issues an entry modifying the amount of
			 jail time credit, no change will be made.
(J) If an offender receives a sentence, or
			 stated prison term to this department consecutive to or concurrent with a
			 sentence in an institution in another state or a federal institution, no action
			 will be taken towards considering him for parole or otherwise terminating his
			 sentence, or stated prison term until the offender is either electronically or
			 physically committed to the custody of this department. At that time, the
			 offender's minimum and maximum, definite sentence, minimum and maximum of a
			 non-life felony indefinite prison term or stated prison term
			 
								is to
			 be reduced pursuant to this rule by the total number of days confined for the
			 crime as certified by the court.