This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5120:1-1-01 | Glossary of terms.
Effective:
January 15, 2022
(A) Facility director: A "facility
director" is a person designated as the head of community correctional
center, halfway house resident center, or other suitable facility. (B) Supervising authority: The
"supervising authority" shall be the supervision sections of the
adult parole authority. (C) Suitable facility: A "suitable
facility" is one that has been licensed by the adult parole authority
pursuant to division (C) of section 2967.14 of the Revised Code. (D) Confinement: "Confinement"
shall mean restriction to the buildings or grounds of suitable
facility. (E) Violation: A "violation "
shall occur when there is a failure to comply with the rules as established
pursuant to administrative rules or laws. (F) Releasee: An inmate who has been
released from confinement pursuant to section 2967.28 of the Revised Code under
a period of post-release control that includes one or more post-release control
sanctions. (G) Aggravated murder: "Aggravated
murder" shall be the crime of murder in the first degree for which an
inmate was convicted and sentenced pursuant to Chapter 2901. of the Revised
Code until January 1, 1974, and the crime for which an inmate is convicted and
sentenced pursuant to Chapter 2903. of the Revised Code
thereafter. (H) Murder: "Murder" shall be
the crime of murder in the second degree for which an inmate was convicted and
sentenced pursuant to Chapter 2901. of the Revised Code until January 1, 1974,
and the crime for which an inmate is convicted and sentenced pursuant to
Chapter 2903. of the Revised Code thereafter. (I) Inmate: "Inmate" shall
include a person who is in actual confinement in a state correctional
institution or in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse or a releasee who is serving a sanction
in a violation sanction center. (J) Institution: "Institution"
shall be defined as any penal institution operated directly by the department
of rehabilitation and correction, which is used for the custody, care or
treatment of criminal offenders. (K) Shock parole: "Shock parole" shall be defined
as a release granted pursuant to rule 5120:1-1-06 of the Administrative Code
prior to regular parole eligibility or expiration of definite sentence pursuant
to rule 5120:1-1-03 and Chapter 5120-2 of the Administrative Code. (L) Hearing officer interview: A part of the hearing
process wherein an inmate personally appears before one or more hearing
officers who review and evaluate available information concerning the
inmate's case and formulates a recommendation which is provided to a
designated parole board member. (M) Parole board hearing panel: That body of the parole
board designated by the parole board chair to conduct release consideration
hearings. A panel may consist of one member or a designated number of members
and/or hearing officers. (N) Parole board minutes: The official public record of the
decisions of the parole board. (O) Projected release date: An action taken by the parole
board to establish a future date of release not less than six months or more
than ten years from the date of the hearing based on the inmate complying with
program and institution conduct requirements.
Last updated January 18, 2022 at 8:29 AM
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Rule 5120:1-1-02 | Supervision fees.
(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. (C) The procedure for recovery of this fee shall be as follows: (1) No later than the offender's first reporting visit to the assigned adult parole authority (APA) office and officer, the offender shall sign conditions of supervision, pursuant to rule 5120:1-1-12 of the Administrative Code. (2) The conditions of supervision shall include a condition that the offender pay a supervision fee during the offender's period of supervision. The condition shall specify a supervision fee of twenty dollars per month of APA supervision. (3) The offender shall be advised of this condition prior to signing the conditions of supervision. The offender shall also be advised that he/she may contest the assessment of the fee pursuant to the provisions of this rule, and that the assessment of the fee may be waived by the DP&CS pursuant to this rule. (4) The offender shall make a monthly payment of supervision fees in a manner authorized by the division of parole and community services. (5) Supervision fee payments will commence thirty days following the offender's release, unless the APA officer determines during the offender's first reporting visit that the offender is unemployed and unable to make the payment. In that event, the supervision fee payments will commence sixty days following the offender's release. (D) The offender may object to the assessment of the fee by submitting a written grievance to the assigned APA officer. The written grievance must contain information regarding any ongoing permanent injury or condition that affects the offender's ability to provide for himself or herself. (E) The regional administrator or designee shall review the written grievance submitted by the offender, and shall notify the offender, in writing, of the final decision regarding the assessment of the supervision fee. (F) The department of rehabilitation and correction shall not impose a supervision fee if, due to an ongoing permanent injury or condition, the imposition of the fee would unjustly limit the offender's ability to provide for the offender after incarceration. The regional administrator may require the offender to substantiate any injury or condition, with documentation from a health care professional. Criteria for evaluating an offender's ongoing permanent injury or condition, and the ability of that type of offender to provide for himself or herself after incarceration, shall include the following factors: (1) Impairment. The extent to which the injury substantially impairs a major life activity. (2) Mobility. The extent to which the injury limits the offender's ability to move about in the community. (3) Permanence. The extent to which the injury leads to an ongoing, chronic condition. (4) Treatment. The extent to which ongoing treatment or medication impairs the offender's ability to maintain employment or provide for the offender. (G) The division of parole and community services may waive the imposition of the supervision fee, or a portion thereof, at any time during the offender's supervision, if the presence of any of the following conditions make collection of the fee unduly burdensome upon the offender. (1) The offender is already under a court order to make restitution to the victim(s) of his/her offense, or a civil judgment to pay damages to the victim(s). (2) The offender is already under a court order to make child support payments. (3) The offender can show that he/she is indigent, and can not provide for himself/herself if the collection of the supervision fee is imposed. (4) The offender is paying a supervision fee to another jurisdiction. (H) The decision to waive the supervision fee, or a portion thereof, may be reviewed by the division of parole and community services periodically as circumstances warrant. (I) An offender may substitute community service in lieu of paying monthly supervision fees with approval of the division of parole and community services. Eight hours of community service will be the equivalent of one month's supervision fees. (J) All moneys collected by or on behalf of the department under section 5120.56 of the Revised Code shall be deposited by division of parole and community services business office into the offender financial responsibility fund of the state treasury. The division of parole and community services shall follow existing DRC division of business administration guidelines for the method, frequency, accounting and transfer of the deposits. (K) No offender shall be subject to a revocation of parole, or the imposition of a jail or prison sanction solely for nonpayment of the supervision fee. No offender's supervision shall be extended, nor shall a final release from supervision be denied, solely for nonpayment of supervision fees. However, the payment or nonpayment of fees may be considered by the supervising officer, in addition to other factors relating to the offender's performance under supervision, in deciding whether to recommend a final release from parole supervision or to recommend an early termination of the period of the offender's post-release control. The payment or nonpayment of fees may be considered by a hearing officer, in addition to other factors relating to the offender's performance under supervision, in any violation proceeding. (L) If an offender receives a final release from parole, or termination of post-release control supervision, and has unpaid supervision fees, the supervision fee administrator shall notify the offender, in writing, of the total unpaid amount, and demand the payment of that amount in full. If payment is not received in forty-five days, the supervision fee administrator shall certify the overdue amount to the attorney general's office - revenue recovery section, for collection. (M) The department of rehabilitation and correction may expend funds in the offender financial responsibility fund for goods and services of the same type as those for which offenders are assessed. The money collected as supervision fees shall be used strictly for goods and services related to the supervision or rehabilitative needs of offenders. (N) The division of parole and community services shall monitor the collection of supervision fees and annually report the following information: (1) The number of offenders who have paid fees. (2) The number of offenders who have been exempted from payments of fees. (3) The number of offenders who have not complied with payment of fees. (4) The total amount of fees received. (5) The total estimated costs of administering the system. (6) The types of goods and services purchased from the collection of the fees. The report will be produced by the division of parole and community services and provided to the director and the chair of the joint committee on agency rule review. The report will be subject to section 149.43 of the Revised Code. (O) The division of parole and community services shall assess a fee of eighty-five dollars to accompany an application filed by an offender for transfer of the offender's supervision to another state pursuant to the interstate compact for adult offender supervision. The division may waive the application fee if the offender demonstrates that the offender is indigent and unable to procure the fee. Application fees collected pursuant to this division shall be deposited by the division in the offender financial responsibility fund in the same manner prescribed in paragraph (J) of this rule.
Last updated March 24, 2023 at 11:14 AM
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Rule 5120:1-1-03 | Minimum eligibility for release on parole.
Effective:
January 15, 2022
(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.
Last updated January 18, 2022 at 8:29 AM
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Rule 5120:1-1-06 | Shock parole.
Effective:
April 15, 2010
(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 (2) The prisoner has not previously been convicted of any felony for which, pursuant to sentence, he was confined for thirty days or more in a penal or reformatory institution in this state, or in a similar institution in any other state or the United States. (3) The prisoner is not a dangerous offender as defined in section 2929.10 of the Revised Code. (4) The prisoner does not need further confinement in a penal or reformatory institution for his correction or rehabilitation. (5) The history, character, condition and attitudes of the prisoner indicate that he is likely to respond affirmatively to early release on parole, and is unlikely to commit another offense. (6) The prisoner is not serving a term of actual incarceration. (7) The prisoner is not ineligible for shock parole pursuant to division (C) of section 2903.06, 2903.07 or 2903.08 of the Revised Code. (B) In addition to the offenses precluded from shock parole consideration by the Revised Code, the parole board deems prisoners serving sentences for the following offenses to be inappropriate for release on shock parole: (1) Any offense contained in Chapter 2907. of the Revised Code. (2) Aggravated vehicular homicide, section 2903.06 of the Revised Code. (3) Vehicular homicide, section 2903.07 of the Revised Code. (4) Aggravated vehicular assault, section 2903.08 of the Revised Code. (5) Endangering children, section 2919.22 of the Revised Code. (6) Arson, section 2909.03 of the Revised Code. (7) Felony domestic violence, section 2919.25 of the Revised Code. (C) A prisoner whose history includes any of the following shall be deemed to be unlikely to respond affirmatively to early release on shock parole: (1) Participation in the program of shock incarceration and removal from the program because of a rule infraction or return to prison for a violation of any condition of intermediate transitional detention or intensive parole supervision; (2) Release on shock probation and return to the institution for violating the probation; (3) Release on electronically monitored early release pursuant to Chapter 5120-13 of the Administrative Code and a return to the institution for a violation. (4) Release to a halfway house or community-based correctional facility pursuant to Chapter 5120-12 of the Administrative Code and a return to the institution for a violation. (5) A conviction for any offense committed while serving the current sentence or while on escape or unauthorized leave from such confinement. (D) Whether or not an offense committed outside of the jurisdiction of the state of Ohio is a felony for the purposes of this rule shall be determined by the classification of such offense by the Revised Code as if the act for which such sentence was imposed had been committed within the jurisdiction of the state of Ohio. (E) A prisoner serving a definite sentence of one year or less shall not be considered for release on shock parole because he would not serve sufficient time under parole supervision before his sentence expired, to receive the benefit of supervised release. (F) The parole board will consider a prisoner for release on shock parole when all of the following apply: (1) The prisoner meets the provisions of paragraph (A) of this rule, and; (2) The prisoner is not serving a sentence for any offense listed in paragraph (B) of this rule, and; (3) The prisoner is not deemed unlikely to respond affirmatively to early release pursuant to paragraph (C) of this rule, and; (4) The prisoner is not serving a definite sentence of one year or less. (G) The procedure to be followed in considering prisoners for shock parole shall be as follows: (1) Upon reception the record office shall determine whether the prisoner meets the criteria set out in paragraph (F) of this rule; (2) The record officer shall schedule prisoners meeting the criteria set out in paragraph (F) of this rule for a hearing to be conducted by a panel of the parole board during the prisoner's fourth month of imprisonment; (3) The parole board panel will determine whether or not to grant shock parole. (4) A prisoner granted shock parole may be released after six months in custody in a state correctional institution.
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Rule 5120:1-1-07 | Procedure for release on parole and shock parole; factors that shall be considered in a release hearing.
(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. (B) Excluding documents related to the
filing of a grievance under rule 5120-9-31 of the Administrative Code, in
considering the release of the inmate, the parole board shall consider any
relevant information concerning the inmate as may reasonably be available,
including the following: (1) The inmate's risk to reoffend as measured
by the applicable risk assessment tool as set forth in division (A) of section
5120.114 of the Revised Code. (2) The inmate's
criminal history and community supervision history, including but not limited
to, the unique factors of offenses of conviction, whether the inmate's
criminal history demonstrates a pattern of increasing severity or frequency,
and the inmate's success or failure while on any form of community
supervision. In evaluating an inmate's criminal history and supervision
history, the board shall consider: (a) Any official report of the inmate's prior criminal
record, including a report or record of earlier probation or
parole; (b) Any presentence or postsentence report; (c) The presence of outstanding detainers against the
inmate; (3) The inmate's
ability to control the inmate's behavior, and the degree to which the
inmate demonstrates impulsivity in the prison or in the community. In
evaluating an inmate's ability to control the inmate's behavior, the
board will consider: (a) Any reports of physical, mental or psychiatric examination or
the inmate; (b) Any reports prepared by any department of rehabilitation and
correction staff member relating to the inmate's personality and social
history. (c) Any reports or information related to the inmate's
substance abuse history. (4) The inmate's
institutional programming, including but not limited to, whether the inmate has
successfully completed programming consistent with the inmate's assessed
needs and risk to reoffend. (5) The inmate's
institutional behavior, particularly any demonstrated inability to conform to
institutional rules and regulations, which is predictive of an inmate's
risk to reoffend in the community. In evaluating an inmate's institutional
behavior, the board will consider the inmate's security level and any
reports generated by institutional staff, including conduct reports, that
reflect upon the inmate's institutional adjustment. (6) Any recommendations
regarding the inmate's release made at the time of sentencing or any time
thereafter by the sentencing judge, presiding judge, prosecuting attorney, and
any information received in response to statutory notice provided prior to the
hearing, including comments made on current sentencing ranges. (7) Any communications
from a victim or victim's representative; (8) The degree and
substance of community support or opposition to release; (9) The recommendation of
the inmate's defense counsel, including comments made on current
sentencing ranges; (10) Written or oral statements by the
inmate, other than grievances filed under rule 5120-9-31 of the Administrative
Code. (11) The inmate's ability, readiness,
and motivation to assume obligations and undertake responsibilities, as well as
the inmate's own goals and needs and the adequacy of the inmate's
reentry plan or prospects on release, to include: (a) The inmate's employment history and his occupational
skills; (b) The inmate's education, vocational training, and other
training (c) The physical and mental health of the inmate as they reflect
upon the inmate's ability to perform his plan of release and comply with
the conditions of release; (d) The inmate's family situation and other support system,
including: (i) The inmate's
family status, including whether his relatives intend to support his or her
plan for release; (ii) Whether he or she
has other pro-social associations in the community to which the inmate plans to
be released; (iii) The availability of
adequate housing; (iv) The availability of
community resources to assist the inmate; (12) The age of the inmate at the time of
the offense and the diminished culpability of youth, to include: immaturity and
failure to appreciate risks and consequences, where applicable. (13) The family and home
environment of the inmate at the time of the offense. (14) The degree to which the inmate
demonstrates that the inmate has changed during the term of incarceration,
which includes, but is not limited to, consideration of the inmate's level
of motivation to successfully reenter society and whether the inmate
demonstrates an understanding of the inmate's risk factors and crime
cycle, and any subsequent growth or increase in maturity during
imprisonment. (15) The following mitigating factors will be considered by
the board for inmates whose parole eligibility is determined under section
2967.132 of the Revised Code: (a) The chronological age
of the inmate at the time of the offense and that age's hallmark features,
including intellectual capacity, immaturity, impetuosity, and a failure to
appreciate risks and consequences. (b) The family and home
environment of the inmate at the time of the offense, the inmate's
inability to control the inmate's surroundings, a history of trauma
regarding the inmate, and the inmate's school and special education
history. (c) The circumstances of
the offense, including the extent of the inmate's participation in the
conduct and the way familial and peer pressures may have impacted the
inmate's conduct. (d) Whether the inmate
might have been charged and convicted of a lesser offense if not for the
incompetencies associated with youth such as the inmate's inability to
deal with police officers and prosecutors during the inmate's
interrogation or possible plea agreement, or the inmate's inability to
assist the inmate's own attorney. (16) Any other factors which the board
determines to be relevant. (C) The consideration of any single
factor, or any group of factors, shall not create a presumption of release on
parole, or the presumption of continued incarceration. The parole decision need
not expressly address any of the foregoing factors.
Last updated July 29, 2021 at 9:53 AM
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Rule 5120:1-1-08 | Full board hearings.
Effective:
January 15, 2022
(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. (B) Petitions for a full board hearing
under paragraph (A)(1) or (A)(2) of this rule shall be filed in such manner
that the parole board prescribes. (C) In determining whether to grant or
deny a petition filed under paragraph (A)(1) of this rule, the board shall
consider whether the information provided in the petition is relevant to the
issue of whether the inmate is fit to be at liberty without being a threat to
society, whether paroling the inmate would further the interests of justice,
and whether paroling the inmate would be consistent with the welfare and
security of society. The decision to grant or deny a full board hearing
petition filed under paragraph (A)(1) of this rule is final and shall not be
subject to any appeal. (D) If a petition filed pursuant to
paragraph (A)(1) of this rule is granted by the parole board or a petition is
filed pursuant to paragraph (A)(2) of this rule, the parole board shall not
make a final decision regarding the proposed parole or re-parole until after
the full board hearing is held. (E) At least thirty days before a full
board hearing, the department of rehabilitation and correction shall give
notice of the date, time, and place of the hearing to a victim regardless of
whether the victim has requested the notification, unless the victim has
requested that notice not be provided to the victim. (1) If the notice
pertains to an offense committed before March 22, 2013 and if the department
has not previously successfully provided notice to the victim with respect to
that offense and the inmate who committed it, the notice also shall inform the
victim that the victim may request that the victim not receive any further
notices with respect to that offense or the inmate who committed it and shall
provide the procedure for making that request. (2) At least thirty days
before a full board hearing and regardless of whether the victim has requested
the notification, the department shall provide notice to the prosecuting
attorney in the case; the law enforcement agency that arrested the inmate if
any officer of that agency was a victim of the offense; and, if different than
the victim, the person who requested the full board hearing. (3) Upon the request of
the prosecuting attorney or a law enforcement agency that has not previously
been provided an institutional summary report pertaining to the inmate who is
the subject of the full board hearing, the department shall provide to the
requesting prosecuting attorney or agency an institutional summary report that
summarizes the inmate's training, work, and other rehabilitative
activities during the inmate's confinement. The report also shall
summarize any disciplinary action taken against the inmate during the
inmate's confinement. (4) The notices required
under this paragraph may be provided by ordinary mail, telephone, or electronic
means. (F) Full board hearings may be held virtually at the chair's
discretion. The following persons shall be permitted to appear at a full board
hearing held pursuant to this rule and offer an oral statement. Such persons
may submit a written statement in addition to, or in lieu of, appearing at the
hearing: (1) The prosecuting
attorney of the county of indictment; (2) Members of any law
enforcement agency or agencies that assisted in the prosecution of the original
offense; (3) The sentencing judge
or the judge's successor; (4) The victim of the
original offense for which the inmate is serving the sentence or the
victim's representative designated pursuant to section 2930.02 of the
Revised Code; (5) The victim of any
behavior that resulted in the offender's parole being
revoked; (6) In the case of a full
board hearing being held pursuant to paragraph (A)(2) of this rule, the spouse;
parent or parents; sibling; child or children of the victim of the original
offense; and (7) A family member,
personal friend, employer, clergy, or attorney acting as the inmate's
representative, provided that the following individuals and groups may not act
as an inmate representative at a full board hearing held pursuant to this
rule: (a) A person in the custody or under supervision by the
department of rehabilitation and correction or any other local, state, or
federal jurisdiction for having committed a felony. (b) Special interest groups, reform groups, or other advocacy
groups. (G) Subject to paragraphs (F)(7)(a) and (F)(7)(b) of this rule,
the chair of the parole board or the chair's designee may authorize
interested persons in addition to those identified in that division to attend a
full board hearing and to present oral and/or written statements in connection
with the hearing. No person who is less than sixteen years of age on the date
of the hearing shall be permitted to attend the hearing unless that person is
the victim of the original offense for which the inmate is serving the sentence
or is the victim of any behavior that resulted in parole
revocation. (H) The offender whose parole or re-parole is the subject of the
full board hearing has no right to be present at the hearing. (I) Members of the news media may attend a full board hearing
held pursuant to this rule, provided that: (1) Media shall be
excluded when the victim or the victim's representative has requested that
news media be excluded while the victim or the victim's representative
presents to the board; and (2) The chair of the
parole board or the chair's designee may limit the number of media
representatives present at a full board hearing when space considerations make
it impossible to accommodate every media representative who wishes to
attend. (J) At the conclusion of the hearing, the parole board shall move
into executive session for purposes of deliberation. By a majority vote, the
board shall take one of the following actions: (1) Issue a parole or a
delayed parole on or after date; (2) Establish a future
hearing date for release consideration; or (3) Defer its decision to
a subsequent full board hearing. (K) If the proposed parole or re-parole
involves an offense of a type described in paragraph (A)(2) of this rule that
resulted in the death of the victim, the individual who petitioned for the full
board hearing may show at the hearing a video not exceeding five minutes in
length that memorializes the victim. (L) The chief of the adult parole authority may participate in a
full board hearing in the place of an absent parole board member and shall be
present during the deliberations described in paragraph (J) of this rule. The
chief shall participate at the hearing and during the executive session to
establish the number of parole board members required to be present at a full
board hearing when appointed members are not otherwise available. The chief of
the adult parole authority shall also cast the deciding vote in the event that
there is a tie vote among the members of the board present at the hearing. The
chief of the adult parole authority shall not otherwise participate in full
board hearings or deliberations.
Last updated January 18, 2022 at 8:29 AM
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Rule 5120:1-1-10 | Initial and continued parole board hearing dates; projected release dates.
(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. (C) In any case where parole is denied
the reasons for such denial shall be communicated to the inmate and the warden
in writing. (D) The parole board at any parole
release consideration hearing may, in its discretion, establish a projected
release date ten years or less in the future which, unless rescinded pursuant
to this rule, would permit the inmate to be released without a further
appearance before the parole board or a hearing panel. This date shall be
subject to rescission within the discretion of the parole board and shall not
create any expectation of release or entitlement to be released
thereon. (E) A projected release date greater than
one year from the parole hearing date shall not be established for any prisoner
serving a life sentence, sentence of fifteen years to life, or a sentence
imposed for any offense pursuant to Chapter 2907. of the Revised
Code. (F) A projected release date shall be
recorded and published in the official minutes of the parole
board. (G) The institution in which a inmate
with a projected release date is confined shall, upon request, submit to the
parole board an institutional summary report. This report shall summarize the
inmate's conduct, adjustment and program participation subsequent to the
granting of a projected release date. (H) A parole board member designated by
the chair of the parole board shall review the report as soon as practicable
and shall determine if the release on the projected release date is still
warranted, that the projected release date should be accelerated, that
placement into the transitional control program should be approved, or that the
projected release date should be rescinded. (I) If the projected release date is not rescinded the inmate
shall be released on or after the projected release date in the usual manner
and following the standard procedures for releasing inmates.
Last updated July 13, 2023 at 8:58 AM
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Rule 5120:1-1-11 | Procedure of release consideration hearing.
Effective:
January 15, 2022
(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. (I) Prior to any release consideration hearing, notice of
the hearing shall be provided to the judge, the prosecutor, 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. Notice shall be
provided within the time frames specified in that section. 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 of
rehabilitation and correction has not previously successfully provided notice
to the victim with respect to that offense and the inmate 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 inmate who
committed it. Such notice shall describe the procedure for requesting that
further notices not be provided. A notice provided under this paragraph to a
victim, victim's representative, or a member of the victim's
immediate family that relates 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 also shall inform the recipient of the
recipient's right to request a victim conference under rule 5120:1-1-14
of the Administrative Code, shall describe victim conferences, and shall
describe the procedure for requesting a victim conference. If the recipient of
a notice provided under this paragraph has the right to petition for a full
board hearing under paragraph (A)(2) of rule 5120:1-1-08 of the Administrative
Code, the notice shall inform the recipient of the right to give testimony at a
full board hearing and that the recipient may contact the adult parole
authority for additional information. The department of rehabilitation and
correction may utilize ordinary mail, telephone, or electronic means to provide
the notices required under this paragraph. (J) In the event a hearing is continued, notice of such
continuance and the date of next hearing shall be provided to the parties
identified in paragraph (H) of this rule at least sixty days prior to the date
of the continued hearing in the manner prescribed in that
paragraph. (K) Upon the request of a prosecuting attorney or of any
law enforcement agency, the department shall provide to the requesting
prosecuting attorney or agency an institutional summary report that summarizes
the offender's training, work, and other rehabilitative activities during
the offender's confinement. The report also shall summarize any
disciplinary action taken against the offender during the offender's
confinement. In the event a hearing is continued, any prosecuting attorney or
law enforcement agency that was previously provided an institutional summary
report shall be provided any new information that relates to the activities and
actions covered by the report.
Last updated January 18, 2022 at 8:30 AM
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Rule 5120:1-1-12 | Conditions of release.
Effective:
March 22, 2021
(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. (C) When imposing special conditions of
release, the parole board shall, to the extent feasible, individualize the
conditions, taking into consideration the releasee's risk and needs level
and the safety of the victim or victims, provided that: (1) There is a reasonable
relationship between the conditions imposed and the inmate's previous
conduct and present situation; (2) The conditions are
sufficiently specific to serve as a guide to supervision and conduct;
and (3) The conditions are
such that compliance is possible. (D) An inmate shall receive written
notice of the conditions of release including any special conditions that have
been imposed upon him by the parole board prior to the inmate's release
from the institution and shall acknowledge by signature the receipt of, and
intention to comply with, the conditions imposed. (E) Any request for the addition,
removal, or modification of a condition or special condition of release shall
be directed to the parole board chair or designee. The parole board chair or
designee shall consider the request along with the releasee's risk and
needs level. The parole board chair or designee shall respond as soon as
administratively possible to the person requesting the addition, removal, or
modification of the condition.
Last updated April 8, 2021 at 12:24 PM
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Rule 5120:1-1-13 | Discharge from parole.
(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.
Last updated March 24, 2023 at 11:14 AM
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Rule 5120:1-1-14 | Victim conference.
Effective:
March 21, 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.
Last updated March 21, 2024 at 9:05 AM
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Rule 5120:1-1-15 | Pardon, reprieve and commutation of sentence.
(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. (E) In the event the hearing is continued, notice of such continuance and the date of the continued hearing shall be provided within required timeframes specified in section 2967.12 of the Revised Code. The department of rehabilitation and correction may utilize ordinary mail, telephone, or electronic means to provide this notice. (F) Upon the request of a prosecuting attorney or of any law enforcement agency, the department shall provide to the requesting prosecuting attorney or agency an institutional summary report that summarizes the offender's training, work, and other rehabilitative activities during the offender's confinement. The report also shall summarize any disciplinary action taken against the offender during the offender's confinement. In the event a hearing is continued, any prosecuting attorney or law enforcement agency that was previously provided an institutional summary report shall be provided any new information that relates to the activities and actions covered by the report. (G) The recommendation of the parole board for or against pardon, reprieve, or commutation of sentence shall be forwarded to the governor, together with a brief statement of the facts, the grounds for such recommendation, and the record or minutes of the case. (H) The decision of the parole board to recommend for or against pardon, reprieve or commutation of sentence shall be within its sole discretion and shall not be subject to administrative review. (I) If the parole board receives an application for pardon, commutation or reprieve for a person for whom executive clemency was denied within two years from the date the denial was issued by the governor, the parole board shall review the application to determine whether it contains any significant new information that was not and could not have been presented in the earlier application. If the application contains no such new information, the parole board shall return the application to the applicant. The parole board shall inform the applicant of the date on which the applicant may reapply for consideration. (J) The parole board shall consider a case for pardon or commutation only upon the application of the convicted person or his counsel or at the direction of the governor.
Last updated March 24, 2023 at 11:14 AM
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Rule 5120:1-1-16 | Violator at large.
(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.
Last updated March 24, 2023 at 11:22 AM
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Rule 5120:1-1-17 | Responding to release violations.
Effective:
January 15, 2022
(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. (D) The following sanctions may be
imposed for violations of post-release control sanctions or a condition of
supervision only by a parole board member or hearing officer at a
hearing: (1) Increase in the
duration of the period of post-release control. (2) A prison term
sanction not to exceed nine months when post-release control is the only form
of supervision for which the offender is being supervised. The maximum
cumulative prison term sanction for all violations shall not exceed one-half of
the original stated prison term, or, with respect to a stated non-life felony
indefinite prison term, one-half of the minimum prison term that was imposed as
part of that stated prison term. The maximum cumulative prison sanction
includes any time served prior to the hearing. A parole board member or hearing
officer imposing a sanction of confinement under this paragraph may require
that the sanction be served in a state correctional institution, local jail,
community-based correctional facility, or other locked facility approved by the
division of parole and community services. (3) Revocation of release
if the offender is being supervised on parole or the parole term is the
controlling sentence. (E) If the adult parole authority reports
the violation of a condition of supervision or a post-release control sanction
to the parole board for a hearing, then the hearing shall be conducted in
accordance with rule 5120:1-1-18 of the Administrative Code. (F) In determining whether paragraph
(B)(1) of rule 5120:1-1-12 of the Administrative Code has been violated, the
fact that there has been no criminal conviction or prosecution shall not
prevent the adult parole authority from responding to the violation behavior.
Such response may include, but is not limited to, the commencement of
revocation proceedings pursuant to rules 5120:1-1-18 and 5120:1-1-19 of the
Administrative Code. Both of the following apply with regard to
revocation: (1) A judicial
determination that the violation of law or ordinance has not been proven beyond
a reasonable doubt or a dismissal of the criminal charges by the prosecutor
shall not, for purposes of revocation of release, preclude the parole board
from finding a violation of law or ordinance. For purposes of revocation of
release, the commission of a violation of release may, under paragraph (A)(3)
of rule 5120:1-1-18 of the Administrative Code, be established on the basis of
the preponderance of the evidence, taking the record as a whole. (2) A finding of "no
probable cause" by a magistrate with regard to pending criminal charges
shall not affect the finding of a violation of paragraph (B)(1) of rule
5120:1-1-12 of the Administrative Code when additional evidence not considered
by the magistrate is considered at the revocation hearing held pursuant to
rules 5120:1-1-18 and 5120:1-1-19 of the Administrative Code. If no additional
evidence is considered at the revocation hearing, the judicial determination of
"no probable cause" shall conclusively establish that the offender
has not violated paragraph (B)(1) of rule 5120:1-1-12 of the Administrative
Code.
Last updated January 18, 2022 at 8:30 AM
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Rule 5120:1-1-18 | Release revocation hearing.
Effective:
January 15, 2022
(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 post-release
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. (B) If the parole board member or hearing
officer decides that the releasee violated the conditions of release or a
post-release control sanction and that revocation of release or a prison term
sanction should be imposed, the parole board member or hearing officer shall
order the return and transport of the releasee to the appropriate state
correctional institution, appropriate local jail, appropriate community-based
correctional facility, or other appropriate locked facility approved by the
division of parole and community services. The finding and order of the parole
board member or hearing officer shall constitute the official and final
determination of the adult parole authority to revoke release, unless the
decision is reversed by the chief of the adult parole authority or designee
because of prejudicial and case dispositive error by the parole board member or
hearing officer. This provision does not create a right of appeal of the
decision of the hearing officer. (C) If the parole board member or hearing
officer orders the revocation and return to a correctional institution of a
releasee subject to the discretionary releasing authority of the parole board,
the parole board member or hearing officer shall also determine the time to be
served before the next parole consideration hearing, when applicable. The
parole board chair or designee shall approve or modify the determination of the
parole board member or hearing officer. The office of victim services shall be
notified if the determination of the parole board member, hearing officer, or
the parole board chair or designee results in the offender being incarcerated
until the maximum expiration of the offender's sentence.
Last updated January 18, 2022 at 8:30 AM
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Rule 5120:1-1-19 | Procedures after revocation of release.
(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.
Last updated March 24, 2023 at 11:22 AM
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Rule 5120:1-1-20 | Review procedure for early release consideration.
Effective:
January 1, 2002
(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.
Last updated March 24, 2023 at 11:22 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
10/15/1975, 1/2/1979, 11/9/1981, 8/29/1983, 9/13/1993
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Rule 5120:1-1-21 | Revocation of release if releasee recommitted for new offense.
(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.
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Rule 5120:1-1-22 | Confinement of mentally ill and mentally retarded releasees.
(A) Whenever a supervising officer has
reason to believe, based upon reliable information or observation, that an
offender appears to be mentally ill or intellectually disabled and in need of
treatment which requires hospitalization or other special care, such
information shall be immediately brought to the attention of the unit
supervisor, who for purposes of this rule will be a designee of the chief of
the adult parole authority. The unit supervisor will immediately evaluate the
information and determine a course of action to insure that the rights of the
community members and of the offender are fully protected. (B) In determining an appropriate course
of action, the least restrictive alternative shall be pursued while giving full
consideration to the dangerousness of the offender to himself and to others.
The following shall be considered by the unit supervisor when making that
determination: (1) Whether
hospitalization or special care is required; or (2) Whether to apply
appropriate special conditions of release and continue supervision;
or (3) Whether to arrange
outpatient treatment at a suitable community facility; or (4) Whether to arrange
for care and treatment at a suitable community residential treatment center for
mentally ill or intellectually disabled persons; or (5) Whether to arrange
for voluntary admission to a hospital; or (6) Whether to arrange
for family, guardian, or other suitable person to file an affidavit for
involuntary hospitalization in accordance with section 5122.11 of the Revised
Code for mentally ill releasees or an affidavit for involuntary
institutionalization in accordance with section 5123.71 of the Revised Code for
intellectually disabled releasees; or (7) Whether to arrange
for an evaluation and, if appropriate: (a) Commitment by the evaluator pursuant to section 5120.10 of
the Revised Code (mentally ill releasees); or (b) Filing of an affidavit, with certification, by the unit
supervisor pursuant to section 5122.11 of the Revised Code (mentally ill
releasees); or (c) Filing of an affidavit, with certification, by the unit
supervisor pursuant to section 5123.71 of the Revised Code (intellectually
disabled releasees). (8) Whether to arrange
for a law enforcement officer to commit the releasee pursuant to section
5122.10 of the Revised Code (mentally ill releasees); or (9) Whether to contact
the chief, adult parole authority, or designee, for approval to file an
affidavit, without certification, pursuant to section 5122.11 of the Revised
Code (mentally ill releasees); or (10) Whether to cause the
arrest of the releasee in accordance with rule 5120:1-1-31 of the
Administrative Code and pursue revocation of release pursuant to rule
5120:1-1-17 of the Administrative Code. (C) Upon the supervising officer and unit
supervisor concluding that the offender has a "mental illness" "
as defined by section 5122.01 of the Revised Code or is a "person with an
intellectual disability subject to court order," as defined by section
5123.01 of the Revised Code, and that parole revocation is inappropriate at
that time, the unit supervisor shall immediately pursue one of the following
courses of action and immediately submit a report to the chief, adult parole
authority, or his designee, with full particulars: (1) Persuade the offender
to voluntarily admit himself to a mental hospital; or (2) Request the
offender's family to file an affidavit pursuant to section 5122.11 of the
Revised Code (mental illness); or (3) Request a law
enforcement officer to admit a mentally ill releasee pursuant to section
5122.10 of the Revised Code; or (4) File an affidavit
with certification pursuant to section 5122.11 of the Revised Code (mentally
ill) or section 5123.71 of the Revised Code (intellectual disability);
or (5) File an affidavit
pursuant to section 5122.11 of the Revised Code (mentally ill) or section
5123.71 of the Revised Code (intellectual disability) () without certification,
if approval has been received by the chief, adult parole authority, or his
designee. (D) In the event of an emergency where
time does not permit prior notification to the unit supervisor, or the chief,
adult parole authority, or his designee, pursuant to paragraph (A) of this
rule, the supervising officer is authorized to: (1) Seek to cause the
commitment of a mentally ill releasee by a law enforcement officer pursuant to
section 5122.10 of the Revised Code; or (2) Cause the commitment
of the releasee pursuant to section 5122.11 of the Revised Code. (E) Summary action by a supervising
officer pursuant to paragraph (B) shall be immediately communicated to the
chief, adult parole authority, or his designee, through the unit supervisor
with full particulars in writing for review and final action. (F) No affidavit for involuntary
hospitalization shall be filed without a certification by a psychiatrist or a
licensed clinical psychologist and licensed physician unless: (1) The offender refuses
to be evaluated; or (2) The offender
represents a substantial, imminent risk of physical harm to himself or others
and commitment pursuant to section 5122.10 of the Revised Code is not
possible. (G) No affidavit for involuntary
hospitalization, without certification, shall be filed until approval for
filing has been granted by the chief, adult parole authority, or his designee,
except as noted in paragraph (D) of this rule. Whenever an affidavit is filed
without certification, a report will be immediately forwarded to the chief,
adult parole authority, or his designee, with full particulars as to why
hospitalization is necessary, including documentation as to why certification
was not possible. (H) Whenever an offender is being
evaluated for confinement at a mental institution or other mental health
program, or is committed to an institution or facility, the appropriate mental
health personnel shall be furnished: (1) A copy of the written
report prepared by the unit supervisor pursuant to paragraphs (C) and (E) of
this rule; and (2) Copies of relevant
diagnostic reports in the files of the department of rehabilitation and
correction. (I) If an offender is committed to an
inpatient facility of the department of mental health and addiction services or
the department of developmental disabilities, the care and custody of the
offender shall be administratively transferred from the department of
rehabilitation and correction to the department of mental health and addiction
services or the department of developmental disabilities. (J) Upon certification by the director of
the department of mental health and addiction services or the director of the
department of developmental disabilities to the chief, adult parole authority
or his designee, that the offender is recovered or is in need of less
restrictive care and treatment, the chief, adult parole authority, or his
designee, shall: (1) Return the offender
to his former status; or (2) Re-evaluate the
appropriateness of revocation proceedings; or (3) Change the terms and
conditions of release pursuant to rule 5120:1-1-12 of the Administrative
Code. (K) In the event the offender is found
not to be mentally ill or a person with an intellectual disability subject to
court order, the unit supervisor, in consultation with the supervising officer,
shall: (1) Return the offender
to his former status; or (2) Re-evaluate the
appropriateness of revocation proceedings; or (3) Change the terms and
conditions of release pursuant to rule 5120:1-1-12 of the Administrative
Code.
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Rule 5120:1-1-31 | Detainers.
Effective:
March 22, 2021
(A) The department of rehabilitation and
correction shall have the authority to file a detainer against an offender or
otherwise cause the arrest of an offender by the issuance of a detainer
whenever there is reasonable cause to believe that such offender has violated
or is about to violate any of the terms or conditions of his supervision or
sanction and commits an overt act toward such violation. (B) If such offender is not within the
state of Ohio and has been placed under supervision or sanction pursuant to the
interstate compact for adult offender supervision, he or she shall be returned
to Ohio pursuant to such act. The Extradition of Fugitives Act shall apply when
the offender leaves the state of Ohio without lawful authority. (C) If such offender is within the state
of Ohio: (1) In the event such
offender is within the lawful custody of an Ohio law enforcement agency or
facility, the detainer shall be filed in a manner described by the policies of
the department of rehabilitation and correction and the division of parole and
community services. (2) In the event such
offender is not within the lawful custody of an Ohio law enforcement agency or
facility, the offender's arrest shall be ordered by the issuance of an
arrest order to the appropriate law-enforcement agency. A detainer may be
issued based on the adult parole authority's investigation as well as risk
to the community. (D) When a supervising officer of the
department of rehabilitation and correction has received any information which
gives the officer reasonable grounds to believe that an offender has violated,
or is about to violate, any of the terms or conditions of his supervision or
sanction and commits an overt act toward such violation, a detainer may be
filed by the supervising officer or unit supervisor. At any time after the filing of or issuance of a detainer against
an offender, the chief of the adult parole authority, or designee, may, revoke
and cancel such detainer, and take such other action as may be deemed
appropriate. (E) In making the decision to issue a detainer pursuant to
paragraph (D) of this rule, the following shall be considered: (1) The type of release
for which the offender is under adult parole authority
supervision; (2) If the offender is
under post release control (PRC) supervision, available prison sanction time
must be verified and documented. in the criminal corrections information system
(CCIS.) If no prison sanction time is available, the adult parole authority
unit shall not lodge the detainer; (3) The risk level of the
offender and severity of violation behavior, overall history of the offender,
the strength and seriousness of the allegation, and the proximity or danger to
victims; (4) The risk of the
offender harming himself or herself or others and the risk to the
community; (5) Considerations of
local factors, such as available jail space, transportation issues, targeted
high crime areas, or special projects approved by the superintendent of field
services.
Last updated April 8, 2021 at 12:24 PM
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Rule 5120:1-1-33 | Release to state or federal detainer.
Effective:
March 22, 2021
(A) No inmate shall be released from an
institution when a detainer has been placed against the inmate by lawful
authorities to answer for criminal charges or completion of sentence within the
jurisdiction of such authorities, except pursuant to this rule
and: (1) Interstate agreement
on detainers, section 2963.30 of the Revised Code. (2) The procedures in
section 2941.401 of the Revised Code. (B) At least thirty days prior to the
scheduled release of any such inmate, notification of the pending release date
shall be communicated to the authority that placed the detainer. Such notice
shall be given without regard to whether or not the release is pursuant to rule
5120:1-1-10 of the Administrative Code or upon completion of maximum
sentence. (C) Inmates subject to detainer upon
completion of maximum sentence shall be released on the date specified. In no
event shall such inmate remain in custody of the department of rehabilitation
and correction beyond the expiration date of sentence upon request of the
detaining authority or otherwise. (D) Inmates otherwise eligible for
release pursuant to rule 5120:1-1-10 of the Administrative Code may, at the
discretion of the parole board, be released: (1) Subject to
notification to a detaining authority that the inmate is to be released.
Failure of the detaining authority to notify the managing officer of the
holding institution of its intent to take the inmate into custody shall result
in the removal of the detainer. (2) Subject to
enforcement of a detainer as a precondition of release. Failure of the
detaining authority to make arrangements to take such releasee into custody on
the scheduled date of release, unless extended by the parole board upon
request, will cause the removal of the detainer. The inmate shall be notified
of such conditional release, and the consequences of such failure, pursuant to
paragraph (D) of rule 5120:1-1-10 of the Administrative Code. (E) If the detainer is from another state and the inmate
has declined to waive extradition, the inmate shall be delivered on the
scheduled release date to the sheriff of the county in which the inmate is
incarcerated pending extradition to the detaining authority. (F) Release on detainer pursuant to this rule shall be at
no expense to the state of Ohio.
Last updated April 8, 2021 at 12:25 PM
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Rule 5120:1-1-34 | Return to Ohio on a detainer.
Effective:
March 22, 2021
(A) An offender under adult parole
authority supervision who is in violation of his or her conditions of
supervision or sanction and is apprehended outside the state of Ohio and held
in the custody of an arresting or confining authority may be released to an
Ohio detainer, placed against such offender pursuant to rule 5120:1-1-31 of the
Administrative Code. (B) Upon receipt of notification that
an offender subject to an Ohio detainer is about to be released, the chief of
the adult parole authority, or his or her designee, in his or her discretion,
shall either order the return of the offender to Ohio to the supervision and
custody of the department of rehabilitation and correction, or, if applicable,
reinstate the offender to supervision or to a sanction. (C) Such offender may be reinstated
to supervision or returned to Ohio to serve a sentence, prison term, or an
appropriate sanction. Return shall be pursuant to: (1) The interstate compact for the
supervision of parolees and probationers; or (2) The Uniform Extradition Act;
or (3) A free and voluntary waiver of
extradition signed by such offender. (D) Upon return of the offender to
Ohio, rules governing the processing of offender violations shall apply, as
well as all rules concerning reinstatement of the offender to supervision or to
an appropriate sanction. (E) All lawful costs incurred in
confining the offender pending return of the offender to Ohio shall be borne by
the department of rehabilitation and correction. (F) The provisions set forth in this
administrative rule shall not apply to probationers or community control
offenders under the supervision of the adult parole authority.
Last updated April 8, 2021 at 12:25 PM
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Rule 5120:1-1-35 | Contracts for the transportation of inmates.
Effective:
November 14, 2008
(A) The adult parole authority, in order to discharge its duties under Chapters 2967. and 5149. of the Revised Code, may enter into a contract with a private person or entity for the return of Ohio prisoners who are the responsibility of the department of rehabilitation and correction from outside of this state to a location in this state specified by the adult parole authority. Pursuant to division (E) of section 311.29 of the Revised Code, this rule is applicable to contracts entered into between a private person or entity and a county sheriff, for the transportation of prisoners who are the responsibility of the county sheriff. (B) Any contract entered into under this rule shall incorporate the mandatory standards expressed in this rule. Any private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall maintain compliance with these standards throughout the term of the contract. (C) Standards for training of employees of the private person or entity that engage in the return of prisoners: (1) Eighty hours of preservice training which shall minimally include: (a) Unarmed self defense: eight hours (b) Use of force: four hours (c) Restraints: four hours (d) Non-lethal weapons: six hours Four hours - chemical agents Two hours - non-lethal shotgun (e) Firearms: ten hours (f) Transportation of prisoners: twenty hours (g) Searches: two hours (h) Map reading: three hours (i) Defensive driving: four hours (j) First-aid/cpr: eight hours (D) Physical standards for vehicles used in the return of prisoners: (1) Vehicles utilized to transport prisoners shall be in good operating condition, with current maintenance and repair records on file, and meet the following minimum criteria: (a) Separate and safely secure the driving team from the prisoner. (b) Doors and windows unable to be opened from the inside of the prisoner compartment. (c) Welded steel screens covering the windows. (d) Operational heater and air conditioner for the entire vehicle. (e) Equipped with some form of mobile communication. (f) Readily identifiable by air as prisoner transport vehicles. (g) Maintain manufacturer's recommended occupancy rating. (E) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall maintain compliance with the federal motor carrier safety administration regulation 395.3 regarding maximum driving time for employees, and any revision, amendment or modification of that regulation. (F) Standards of financial responsibility: (1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall obtain, and maintain for the duration of the contract term, a policy of liability insurance with sufficient coverage to protect the state of Ohio to cover all injuries, deaths, or loss to persons or property that arise from, or is related to, its return of prisoners. (2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall indemnify and hold harmless the department of rehabilitation and correction and all state officers and employees for liabilities which arise in connection with the services performed under the contract and are in any way related to the services rendered in the performance of the contract. (3) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall provide a performance bond in the amount of ten percent of the total contract price. The purpose of the bond is to ensure proper performance by the contractor. The bond shall be payable to the treasurer, state of Ohio. The bond shall remain in effect for the duration of the awarded contract and any extensions thereto, and shall comply with any other applicable requirements of the Ohio department of administrative services. (G) Standards for pre-employment practices: (1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require a pre-employment criminal records check, at the federal state and local levels, for employees who would actually engage in the return of prisoners, and shall not hire an individual with a record of a conviction for any felony, any sex offense, an offense of domestic violence, two or more misdemeanor drug offenses, or any other offense which disqualifies the prospective employee from carrying a firearm. (2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require a pre-employment drug screen for employees who would actually engage in the return of prisoners, and shall not hire an individual who tests positive for a controlled substance. The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall have a written policy for, and maintain a practice of random drug testing of employees in accordance with applicable state laws. (H) Operational standards: (1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall have twenty-four hour operational staff and equipment to constantly monitor activities in the field and have on-board, constant communication capability with vehicles in the field. (2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require that officers and employees that actually engage in the return of prisoners to be certified by an appropriate certification entity in cardio-pulmonary resuscitation (CPR) and first aid. (I) Contract standards: Any contract entered into under this rule shall incorporate the mandatory standards expressed in this rule and shall include the following provisions: (1) Specific provisions that assign the responsibility for costs related to medical care of prisoners while they are being returned that is not covered by insurance of the private person or entity. (2) Specific provisions that set forth the number of days, not exceeding ten, within which the private person or entity, after it receives the prisoner in the other state, must deliver the prisoner to the location in this state specified by the adult parole authority, subject to the exceptions adopted as described in paragraph (I)(3) of this rule. (3) Specific provisions that set forth any exceptions to the specified number of days for delivery specified as described in paragraph (I)(2) of this rule. (4) A requirement that the private person or entity immediately report all escapes of prisoners who are being returned to this state, and the apprehension of all prisoners who are being returned and who have escaped, to the adult parole authority and to the local law enforcement agency of this state or another state that has jurisdiction over the place at which the escape occurs; (5) A schedule of fines that the adult parole authority shall impose upon the private person or entity if the private person or entity fails to perform its contractual duties, and a requirement that, if the private person or entity fails to perform its contractual duties, the adult parole authority shall impose a fine on the private person or entity from the schedule of fines and, in addition, may exercise any other rights it has under the contract. (6) Two agents per vehicle with an agent to prisoner ratio of no more than one to six. (7) The presence of at least one female officer when transporting female prisoners. (8) A requirement that prisoners are appropriately secured during transport, which includes leg restraints and double-locked hancuffs. (9) A requirement that the private person or entity notify local law enforcement officials within twenty-four hours in advance of any scheduled stops within their jurisdiction. (10) A requirement that officers or agents engaged in the return of prisoners wear a uniform with an identifying insignia or badge identifying the officer or agent as a transport officer. (11) A requirement that prisoners being transported wear uniforms that make them readily identifiable as prisoners. (12) A requirement that, if commercial air transportation is used to transport prisoners, that the entity comply with all applicable FAA regulations concerning the transportation of prisoners. (J) If the private person or entity that enters into the contract fails to perform its contractual duties, the adult parole authority shall impose upon the private person or entity a fine from the schedule described in paragraph (I)(5) of this rule. The money paid in satisfaction of the fine shall be paid into the state treasury, and the adult parole authority may exercise any other rights it has under the contract. If a fine is imposed under the contract entered into pursuant to this rule, the adult parole authority may reduce the payment owed to the private person or entity pursuant to any invoice in the amount of the fine. (K) This rule does not apply to any out-of-state prisoner who is brought into this state to be housed pursuant to section 9.07 of the Revised Code in a correctional facility in this state that is managed and operated by a private contractor.
Last updated March 24, 2023 at 11:22 AM
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Rule 5120:1-1-36 | Parole board records.
Effective:
April 16, 2023
(A) Documents of the adult parole
authority, including the parole board, shall be subject to rule 5120-9-49 of
the Administrative Code. (B) In addition, and subject to the same
limitations, the following documents of the adult parole authority, including
the parole board, shall be deemed public records: determinations, orders,
minutes, and records of attempts to provide notice to any individual or entity
other than a victim made by the adult parole authority including the parole
board, in connection with any hearing required by law or division 5120:1 of the
Administrative Code. (C) As used in this rule "parole
board record" means any record that is provided to or considered by the
parole board in making its decisions and any record prepared by the parole
board in carrying out its responsibilities under the Revised Code. (D) Notwithstanding paragraph (B) of this
rule, the following non-public parole board records shall be made available to
representatives of approved media organizations, government officials, victims
of any offense of commitment or a subsequent parole violation, or a licensed
attorney at law designated by the victim or the inmate under the conditions and
according to the procedures set forth in this rule: (1) Parole board decision
sheets (2) Parole board criminal
history risk score when administered (3) Hearing officer sanction
receipt (4) Revocation order (5) Post-release control result
notification (6) Parole candidate information
sheets (E) Non-public parole board records shall
also be made available to members of the public under the conditions and
according to the procedures set forth in this rule, except that inmates who are
serving a prison term in an institution operated by the department of
rehabilitation and correction and parolees or persons under transitional
control, post-release control or any form of authorized release under the
supervision of the adult parole authority are ineligible to receive non-public
parole board records of other inmates. (F) Non-public parole board records may
be made available after a written request is received which specifically
identifies the records being requested. The request shall be granted unless the
disclosure of the records would foreseeably result in harm to any person, would
present a security risk to any institution or other facility or would
materially interfere with the achievement of a fair parole
hearing. (G) Prior to making any non-public parole
board record, as specified in paragraph (D) of this rule, available for
inspection, the department of rehabilitation and correction shall review the
requested record for information which if released could present a security
risk to any institution operated by the department or could jeopardize the
safety of any department personnel. The department shall also review non-public
parole board records for documents that identify the victim of a crime
committed by the offender, or contain statements made by informants, statements
made by prosecuting attorneys and judges concerning the offender, witness
protection information, inmate separation information, juvenile criminal
history and diagnostic and testing information of the offender. (H) A request for the production of
non-public parole records may be denied if a request for the same information
from the same requester was granted within the preceding twelve-month
period. (I) Any portion of a non-public parole
board record that contains information outlined in paragraph (F) or (G) of this
rule shall not be released. (J) The department may require all
persons, except those requesting the copies for official government business,
to pay for the cost of copies of non-public parole board records in advance.
All requests for copies of non-public parole board records shall be sent to the
bureau of records management at the department's central office. After
receiving the request in writing, an invoice for the cost shall be prepared by
the bureau and sent to the person making the request. The cost for any request
shall be five cents per page for copies, plus a charge for any postage. The
bureau shall send the requested records after receiving a check or money order
payable to treasurer, state of Ohio, for the amount stated on the
invoice.
Last updated April 18, 2023 at 8:30 AM
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Rule 5120:1-1-37 | Authority to carry firearms.
Effective:
March 22, 2021
(A) All personnel of the adult parole
authority eligible by statute may carry firearms in the performance of their
duties with the adult parole authority as authorized by this rule. (B) No firearms may be carried by such
personnel of the adult parole authority without certification as designated by
the chief of the adult parole authority. (C) Employees must satisfy all firearm
training requirements and obtain all necessary firearm certifications in
accordance with department policy. (1) Employees carrying
firearms shall use the firearm that meets the specifications determined by the
chief of the adult parole authority. (2) Employees authorized
to carry firearms shall use the specified ammunition supplied by the
agency. (D) Employees shall carry their firearm concealed or
unconcealed on their person in accordance with department policy while acting
under authority of this rule. (E) No firearm shall be authorized to be carried pursuant
to this rule until: (1) Annual qualification
of the applicant in the use of a firearm is certified by a department of
rehabilitation and correction certified firearms instructor. (2) An annual inspection of the firearm
has been completed. (F) Permission to carry a firearm may be withdrawn in the
discretion of the chief of the adult parole authority at any time. (G) If a firearm is discharged during the performance of an
employee's duties, it must be reported immediately.
Last updated April 8, 2021 at 12:25 PM
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Rule 5120:1-1-39 | Use of force.
Effective:
March 22, 2021
(A) Parole officers in the exercise of
their legal duties as supervisors of a large number of parolees, releasees, and
community control offenders, some of whom have a history of aggressive violent
behavior, may occasionally be confronted with situations which make it
necessary to use force. This administrative regulation specifies the
circumstances under which force may be used lawfully. (B) As used in this administrative
regulation: (1) "Force"
means any violence, compulsion, or constraint physically exerted by any means
upon or against a person or thing. (2) "Deadly
force" means any force which carries a substantial risk that it will
proximately result in the death of any person. (3) "Physical harm
to persons" means any injury, illness, or other physiological impairment
regardless of its gravity or duration. (4) "Serious
physical harm to persons" means any of the following: (a) Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric
treatment. (b) Any physical harm which carries a substantial risk of
death. (c) Any physical harm which involves some permanent incapacity,
whether partial or total, or which involves some temporary, substantial
incapacity. (d) Any physical harm which involves some permanent disfigurement
or which involves some temporary, serious disfigurement. (e) Any physical harm which involves acute pain of such duration
as to result in substantial suffering, or which involves any degree or
prolonged or intractable pain. (5) "Risk"
means a significant possibility, as contrasted with a remote possibility, that
a certain result may occur or that certain circumstances may
exist. (6) "Substantial
risk" means a strong possibility, as contrasted with a remote or
significant possibility, that a certain result may occur or that certain
circumstances may exist. (C) An officer is authorized to use
force, other than deadly force, when and to the extent he or she reasonably
believes that such force is necessary. There are five general situations in
which an officer may legally use force against a parolee, releasee, or
community control offender. (1) Self-defense from an
assault by a parolee, releasee, or community control offender. (2) Defense of third
persons, such as other employees, individuals under supervision, or
by-standers, from an assault by a parolee, releasee or community control
offender. (3) Controlling or
subduing a parolee, releasee, or community control offender who refuses to
comply with a condition of supervision. (4) Prevention of a
crime. (5) Prevention of an
escape. (D) Physical harm to persons shall not be used as
punishment. (E) Generally, an officer acting within the scope of his or
her duties, is authorized to use deadly force, when and to the extent he or she
reasonably believes that such force is necessary to defend oneself or another
person from serious physical injury or death. (F) The use of chokeholds or other
vascular neck restraints is prohibited in all circumstances except when
officers are justified in using deadly force to defend themselves or others
from serious physical injury or death. (G) Whenever possible, an oral warning
shall be given prior to the use of deadly force or when the circumstances may
produce physical harm or serious physical harm to a releasee or community
control offender. (H) When force of any kind is exerted on
a releasee or community control offender, an unusual incident report shall be
submitted within twenty four hours to the chief of the adult parole
authority.
Last updated April 8, 2021 at 12:25 PM
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Rule 5120:1-1-40 | Medical release.
Effective:
March 22, 2021
(A) As used in this rule: (1) "Imminent danger
of death" means that the inmate has a medically diagnosable condition that
will cause death to occur within a short period of time. "Within a short
period of time" means generally within six months. (2) "Medically
incapacitated" means any diagnosable medical condition, including mental
dementia and severe, permanent medical or cognitive disability, that prevents
the inmate from completing activities of daily living without significant
assistance, that incapacitates the inmate to the extent that institutional
confinement does not offer additional restrictions, that is likely to continue
throughout the entire period of parole, and that is unlikely to improve
noticeably. "Medically incapacitated" does not include conditions
related solely to mental illness unless the mental illness is accompanied by
injury, disease, or organic defect. (3) "Terminal
illness" means a condition that satisfies all of the following
criteria: (a) The condition is irreversible and incurable and is caused by
disease, illness, or injury from which the inmate is unlikely to
recover; (b) In accordance with reasonable medical standards and a
reasonable degree of medical certainty, the condition is likely to cause death
to the inmate within twelve months; (c) Institutional confinement of the inmate does not offer
additional protections for public safety or against the inmate's risk to
reoffend. (B) No inmate is eligible for release
under this section if the inmate is serving a death sentence, a sentence of
life without parole, a sentence under Chapter 2971. of the Revised Code for a
felony of the first or second degree, a sentence for aggravated murder or
murder, or a mandatory prison term for an offense of violence or any
specification described in Chapter 2941. of the Revised Code (C) Whenever it comes to the attention of
an attending physician that an inmate may be in imminent danger of death
because of a medical condition, medically incapacitated or terminally ill, that
physician shall provide to the head of the institution a certificate indicating
that the inmate is in imminent danger of death, medically incapacitated or
terminally ill, and a separate statement generally describing the inmate's
medical condition. (D) Upon receipt of the certificate and statement from the
attending physician, the managing officer of the institution shall cause an
institutional summary report to be completed. (E) Upon receipt of the background report, the managing officer
of the institution shall determine whether to recommend release as if on
parole. (1) Whenever such
decision is to recommend release as if on parole, the managing officer of the
institution shall place the recommendation in a signed and dated written
statement to the governor and immediately forward it to the director's
office, together with the attending physician's certificate and statement
and the institutional summary report. (2) If the inmate
involved has had a first statutory hearing by the parole board at the time the
managing officer makes a decision to recommend release as if on parole, the
managing officer shall also forward the recommendation and information about
the severity of the inmate's condition to the parole board
chair. (F) Upon receipt of the head of the managing officer's
statement, the background report, and the attending physician's
certificate and statement, the director's office may request that the
superintendent of the adult parole authority or institution medical staff
conduct an investigation to determine whether there is appropriate community
placement for the inmate and whether there is any other additional information
that may assist the governor in deciding whether to grant release as if on
parole to the inmate. If requested, a written report detailing the results of
the investigation shall be submitted to the director's office within ten
business days. (G) The director's office shall forward the assembled
documents, always including the head of the institution's recommendation
and attending physician's certificate, to the governor. (H) If the governor orders release as if on parole, upon receipt
of the order by the institution where the inmate is confined, the inmate may be
released as if on parole. Terms and conditions of such release shall be made a
part of the inmate's file. (I) When the parole board chair receives
a recommendation to release as if on parole from a managing officer, the parole
board chair shall review the material submitted by the head of the institution
and cause the matter to be considered by the parole board. (1) The decision whether
or not to rehear the matter prior to the next scheduled hearing date rests
within the sound discretion of the parole board. (2) If after a hearing,
in accordance with rule 5120:1-1-11 of the Administrative Code, the parole
board elects to release the inmate, a release shall be effective as soon as
placement can be arranged and approved.
Last updated April 8, 2021 at 12:25 PM
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Rule 5120:1-1-41 | Standards for imposing, modifying and reducing post-release control.
Effective:
January 15, 2022
(A) The parole board shall review journal
entries of offenders sentenced to a prison term for an offense committed on or
after July 1, 1996, to determine if post-release control sanction(s) will be
imposed and in effect upon the prisoner's release from imprisonment.
Post-release control will be imposed consistent with the journal entry and may
be modified, reduced, or terminated in accordance with section 2967.28 of the
Revised Code. (B) Sanctions imposed by the parole board shall be
commensurate with the overriding purposes of felony sentencing to protect the
public from future crime by the offender and others, to punish the offender,
and to promote the effective rehabilitation of the offender, or to accomplish
any other purpose authorized by section 2929.11 of the Revised Code. Sanctions
may include the enforcement of financial sanctions imposed by the sentencing
court. (C) When imposing sanctions for post-release control, the
parole board shall make its determinations based on available information
pertaining to: (1) The offender's
criminal history; (2) The offender's
conduct while imprisoned; (3) Any recommendation
provided by the office of victim services regarding post-release control
sanctions (4) The results of a
validated risk assessment, when available. (D) When imposing sanctions for post-release control, the
parole board may also consider available information pertaining to the
following: (1) Available supervision
resources, including, but not limited to, available beds in community
residential sanctions, available community non-residential treatment options,
and officer caseloads; (2) Any other information
that the parole board deems relevant. (E) The adult parole authority may modify post-release
control sanction by imposing a more or less restrictive sanction as necessary
during the period of post-release control. (1) At any time during
the period of post-release control applicable to the offender, the adult parole
authority may review the offender's behavior under the post-release
control sanction(s) that was imposed by the parole board. (2) The adult parole
authority may determine that a more or less restrictive sanction is appropriate
and may impose a different sanction. (3) If the adult parole
authority determines that an offender has violated a post-release control
sanction, the adult parole authority may impose a more restrictive sanction
pursuant to rule 5120:1-1-42 of the Administrative Code or may report the
violation to the parole board for a hearing pursuant to division (F)(3) of
section 2967.28 of the Revised Code. (4) The adult parole
authority shall not increase the duration of the offender's post-release
control, or impose a residential sanction that includes a prison term, unless
the parole board determines, at a violation hearing, that the offender violated
a post-release control sanction or condition of supervision. (5) The offender shall be
notified in writing of any modification of a sanction. (F) The post-release control term for all offenders,
including offenders convicted of first degree felonies and sex offenses shall
be subject to provisions set forth in section 2967.16 of the Revised
Code. (G) The adult parole authority may determine, based upon a
review of the releasee's behavior under the post-release control
sanctions, generally, guided by activities of the offender that tend to show
that a reduction in the duration of post-release control is consistent with the
purposes of felony sentencing, that the releasee has satisfactorily complied
with the sanctions imposed, and if such a determination is made, the authority
may recommend a less restrictive sanction, reduce the period of post-release
control, or, no sooner than the minimum period of time required under section
2967.16 of the Revised Code, recommend that the parole board or court terminate
the duration of the period of post-release control. In no case shall the board
or court reduce the duration of the period of control imposed for a felony sex
offense on or after September 30, 2021. (H) If the maximum cumulative prison term for violations of
post-release control (one-half of the stated prison term originally imposed)
has been reached for an offender, the violation hearing officer of the parole
board who determines that the offender should serve a prison term for the
violation shall terminate the period of post-release control.
Last updated March 24, 2023 at 11:23 AM
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Rule 5120:1-1-42 | Designation of post-release control period as favorable or unfavorable when terminated.
Effective:
March 22, 2021
(A) When an offender under a period of
post-release control pursuant to section 2967.28 of the Revised Code has
completed the period of post-release control, has the period of post-release
control terminated by a court pursuant to section 2929.141 of the Revised Code,
or has the period of post-release control terminated by a parole board hearing
officer pursuant to paragraph (J) of rule 5120:1-1-41 of the Administrative
Code, the adult parole authority shall classify the termination of post-release
control as favorable or unfavorable depending on the offender's conduct
and compliance with the conditions of supervision and in accordance with this
rule. This designation shall be considered as a relevant factor in sentencing
pursuant to section 2929.12 of the Revised Code if the offender is convicted of
a felony offense subsequent to the completion or termination of the period of
post-release control. (B) An offender's termination from
post-release control shall be presumed to be favorable, unless the adult parole
authority finds that an unfavorable designation is warranted under this rule. A
favorable designation shall be placed on the final release certificate if the
requirements for an unfavorable designation under this rule are not
met. (C) In determining whether termination
from post-release control is designated as unfavorable, the factors considered
by the adult parole authority shall :include any failure to comply with
conditions, any failure to comply with sanctions imposed in response to
violation behavior, the commission of any new offenses while under supervision,
whether an offender has exhausted all available prison sanction time, and any
failure to make good faith efforts to pay restitution or other financial
sanctions, excluding supervision fees imposed under rule 5120:1-1-02 of the
Administrative Code.
Last updated October 9, 2024 at 9:01 AM
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Rule 5120:1-1-70 | Termination of the parole board's control over sexually violent predators.
Effective:
April 16, 2023
(A) For purposes of this rule,
"offender" means a sexually violent predator who is sentenced to a
prison term pursuant to section 2971.03 of the Revised Code. (B) If a court imposes an indefinite
prison term consisting of a minimum term fixed by the court from among the
range of terms available as a definite term for the offense, and a maximum term
of life imprisonment, pursuant to division (A)(3) of section 2971.03 of the
Revised Code, the parole board shall determine whether to terminate its control
over the offender's service of the prison term pursuant to this rule. The
parole board may not terminate its control over an offender's service of a
prison term under this rule until after the offender has served the minimum
term imposed as part of the prison term and until the parole board has
determined that the offender does not represent a substantial risk of physical
harm to others. (C) As part of any determination pursuant
to this rule, the parole board shall not consider the adequacy of the
punishment imposed by the sentencing court. The parole board shall limit its
consideration to determining whether the offender represents a substantial risk
of physical harm to others. (D) Prior to any review and determination
by the parole board, the department shall prepare, pursuant to section 5120.61
of the Revised Code, a report that contains its risk assessment for the
offender or, if a risk assessment report previously has been prepared, an
update of the most recent risk assessment and report. (E) The parole board chair or designee
shall assign a parole board member to review the offender's case after the
offender has served the minimum term imposed by the court. The parole board
member shall determine whether to recommend that the parole board conduct a
hearing to consider terminating control over the offender's service of the
prison term. In making its determination, the parole board member shall
consider the most recent risk assessment and report prepared by the department
as set forth in paragraph (D) of this rule. (F) In addition to the report as set
forth in paragraph (E) of this rule, the panel may consider the
following: (1) The transcript of the proceedings
held pursuant to section 2971.02 of the Revised Code, at which the court or the
jury determined the sexually violent predator specification. (2) Any pre-sentence investigation or
offender background investigation reports that were prepared following the
offender's conviction of the offense relating to the sexually violent
predator specification. (3) Any other information the parole
board member deems appropriate. (G) If the parole board member conducting the initial
determination recommends that the case be heard by the full parole board, the
parole board shall review the offender's case to determine whether to
conduct a hearing. If a majority of the parole board recommends a termination
of control hearing, one should be scheduled in accordance with paragraph (H) of
this rule. Otherwise, the decision of the parole board member declining to
terminate control will be recorded in the official minutes of the parole board,
and the next determination will be scheduled in two years. Notice of the
decision shall be sent to the offender. (H) The hearing shall be conducted by at
least a quorum of the members of the parole board. The following parties will
be notified of the hearing date in writing at least twenty-one days in advance
of the date of the hearing and will be permitted to appear and give testimony
or to submit written statements. (1) The prosecuting
attorney of the county in which the sexually violent predator specification was
determined. (2) The judge of the
court of common pleas that imposed the sentence of incarceration upon the
offender, or that judge's successor. (3) The offender and the
offender's legal counsel. The offender may be present through the means of
videoconferencing, as may be arranged by the department. (4) The victim or victims
of the offense or offenses, or their representative(s), if
requested. (I) At the hearing, the parole board shall consider the same
information that was considered by the three-member panel pursuant to paragraph
(E) of this rule, in addition to any statements or evidence presented by the
parties listed in paragraph (H) of this rule, and may also consider information
pursuant to paragraph (F) of this rule. (J) A decision to terminate its control over the offender's
service of the prison term shall require a majority vote of the parole board.
If the parole board votes to terminate control, it shall immediately provide
written notice of its termination of control to the department, the court, the
prosecuting attorney, the offender and the victim or victims of the offense or
their representative(s), if requested. If the parole board votes to terminate
control over the offender's service of the prison term, the parole board
shall also recommend to the court modifications to the requirement that the
offender serve the entire prison term in a state correctional
institution. Following a decision by the parole board to
terminate its control over an offender's service of the prison term, the
department of rehabilitation and correction shall, upon the request of the
prosecuting attorney or a law enforcement agency, provide to the requesting
prosecuting attorney or agency an institutional summary report that summarizes
the offender's training, work, and other rehabilitative activities during
the offender's confinement. The report also shall summarize any
disciplinary action taken against the offender during the offender's
confinement. (K) If the majority of the parole board members do not vote to
terminate control over the offender's service of the prison term, the
offender will be reviewed again as described by this rule in two years from the
date of the hearing. The parole board may set a review date earlier than two
years by majority vote.
Last updated April 18, 2023 at 8:30 AM
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