Chapter 5120:1-1 Release

(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 of release: A “violation of release” shall occur when there is a failure to comply with the rules as established pursuant to administrative rules or laws.

(F) Releasee: A “releasee” shall be an offender released on parole, shock parole, or transitional control by the Ohio parole board. No inmate or prisoner shall be considered to be a releasee until the inmate or prisoner has received papers authorizing release from the institution, has completed processing by the institutional personnel, and has physically departed from the institution.

(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 prisoner, resident, convict, offender, or similar classification as used in the Revised Code or Administrative Code.

(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) Spree of offenses: “Spree of offenses” is a series of offenses committed during a continuous course of related conduct. The decision that an offense has been committed in a spree of offenses shall be made initially by the institutional record clerk, in consultation with the chief of bureau of records management, subject to review by the chief of the adult parole authority.

(L) 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.

(M) Escapee: An “escapee” is any inmate, including a furloughee or a prisoner released to intermediate transitional detention, who purposely breaks or attempts to break such detention or confinement as established by the department of rehabilitation and correction or any of its agencies, or purposely fails to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.

(N) 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.

(O) Parole board hearing panel: That body of the parole board designated by the parole board chair to conduct release consideration hearings. A panel shall consist of a designated number of members and/or hearing officers.

(P) Parole board minutes: The official public record of the decisions of the parole board.

(Q) Projected release date: An action taken by the parole board to establish a future date of release from six months to one year from the date of the hearing based on the inmate complying with program and institution conduct requirements.

HISTORY: Eff 10-15-75; 8-18-79; 8-1-80; 4-21-89; 7-1-91; 3-16-98 (Emer.); 6-1-98; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01.

Rule Amplifies: 2967.01

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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 collection of the supervision fee shall be by the submission of a monthly payment by the offender to “Supervision Fee Administrator, 1050 Freeway Drive North, Columbus, Ohio 43229.” Payment must be in the form of a certified check or money order.

(5) Supervision fee payments will be due on the first day of the month beginning with the month 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 be due on the first day of the second month 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 PRC 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 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.

Effective: 11/20/2006

R.C. 119.032 review dates: 01/12/2010

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5120.56

Rule Amplifies: 5120.56

Prior Effective Dates: 7/6/2001

(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 mimimum 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 and section 2967.18 of the Revised Code for emergency paroles, no inmate serving a definite sentence shall be released on parole.

HISTORY: Replaces rule 5120:1-1-03; Eff (Amended) 11-12-75;

(Amended) 1-20-80;

(Amended) 6-30-80;

(Amended) 10-11-82;

(Amended) 7-18-83 (Temp);

(Amended) 1-16-84;

(Amended) 11-30-87 (Emer.); 2-29-88; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2967.13

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(A) The Revised Code provides the parole board with the discretion to release on parole a prisoner 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.

(6) Endangering children, section 2919.22 of the Revised Code.

(7) Arson, section 2909.03 of the Revised Code.

(8) 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 personal appearance interview by a hearing officer during the prisoner’s fourth month of imprisonment;

(3) The hearing officer shall make a recommendation for or against release on shock parole.

(4) Upon receipt of the recommendation of the hearing officer, the parole board will determine whether or not to grant shock parole.

(5) A prisoner granted shock parole may be released after six months in custody in a state correctional institution.

HISTORY: Replaces rule 5120:1-1-06; Eff 7-1-76; 1-2-79; 11-21-94; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.02

Rule Amplifies: former 2967.31

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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 due to the serious nature of the crime, the release of the inmate into society would create undue risk to public safety, or that due to the serious nature of the crime, the release of the inmate 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) In considering the release of the inmate, the parole board shall consider the following:

(1) Any reports prepared by any institutional staff member relating to the inmate’s personality, social history, and adjustment to institutional programs and assignments;

(2) Any official report of the inmate’s prior criminal record, including a report or record of earlier probation or parole;

(3) Any presentence or postsentence report;

(4) Any recommendations regarding the inmate’s release made at the time of sentencing or at any time thereafter by the sentencing judge, presiding judge, prosecuting attorney, or defense counsel;

(5) Any reports of physical, mental or psychiatric examination of the inmate;

(6) Such other relevant written information concerning the inmate as may be reasonably available, except that no document related to the filing of a grievance under rule 5120-9-31 of the Administrative Code shall be considered;

(7) Written or oral statements by the inmate, other than grievances filed under rule 5120-9-31 of the Administrative Code.

(8) The equivalent sentence range under Senate Bill 2, (effective July 1, 1996,) for the same offense of conviction if applicable.

(9) The inmate’s ability and readiness to assume obligations and undertake responsibilities, as well as the inmate’s own goals and needs;

(10) The inmate’s family status, including whether his relatives display an interest in him or whether he has other close and constructive association in the community;

(11) The type of residence, neighborhood, or community in which the inmate plans to live;

(12) The inmate’s employment history and his occupational skills;

(13) The inmate’s vocational, educational, and other training;

(14) The adequacy of the inmate’s plan or prospects on release;

(15) The availability of community resources to assist the inmate;

(16) The physical and mental health of the inmate as they reflect upon the inmate’s ability to perform his plan of release;

(17) The presence of outstanding detainers against the inmate;

(18) Any other factors which the board determines to be relevant, except for documents related to the filing of a grievance under rule 5120-9-31 of the Administrative Code.

(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.

Effective: 08/06/2007

R.C. 119.032 review dates: 01/12/2010

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.02

Rule Amplifies: 5120.01, 5149.02, 2967.13

Prior Effective Dates: 10/15/75, 7/18/97, 9/5/2003, 12/17/2006

(A) The initial hearing for each inmate serving an indeterminate sentence 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 and the board does not continue the inmate to the expiration of the maximum sentence, 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.

(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 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) The chief hearing officer, or a hearing officer designated by the chair of the parole board shall review the report as soon as practicable and shall advise the parole board that 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.

HISTORY: Eff 7-1-76; 1-2-79; 11-1-88; 11-21-94; 3-16-98 (Emer.); 6-1-98; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.02, 5149.10.

Rule Amplifies: 2967.13

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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 the parole board.

(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) Following a hearing, the decision or recommendation shall be communicated to the inmate both verbally and in writing immediately or 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.

(G) 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 completion of the hearing:

(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.

(H) Prior to any release consideration hearing, notice of such hearing shall be provided to judges and prosecutors within required timeframes specified in section 2967.12 of the Revised Code. The department of rehabilitation and correction may utilize electronic means to provide this notice. The office of victim’s services shall provide notice of hearings to qualified victims or victim’s representativesand may provide notice by telephone or through electronic means.

(I) In the event a hearing is continued, notice of such continuance and the date of next hearing shall be sent provided to all interested parties at least three weeks prior to the date of the continued hearing and may be provided using electronic means.

Effective: 06/22/2009

R.C. 119.032 review dates: 01/12/2010

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.02, 5149.10.

Rule Amplifies: 2967.12

Prior Effective Dates: 11/13/76, 4/1/2005.

(A) The parole board shall impose upon the releasee such conditions of release as it deems reasonably necessary to insure that the releasee will lead a law-abiding life and to assist him in so doing.

(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 not leave the State without permission, in writing, of the adult parole authority;

(3) The releasee shall comply with all lawful orders given him by duly authorized representatives of the department of rehabilitation and correction or its agencies, which shall include any special conditions of release that may be issued orally or in writing at any time during supervision;

(4) The releasee must not possess, own, use, or have under his control, any firearms, deadly weapons, or dangerous ordinance.

(C) The Parole Board or the field services section of the adult parole authority, in imposing conditions of release, shall individualize such conditions to the extent feasible, provided:

(1) That there is a reasonable relationship between the conditions imposed and the inmate’s previous conduct and present situation;

(2) That the conditions are sufficiently specific to serve as a guide to supervision and conduct; and

(3) That the conditions are such that compliance is possible.

(D) Upon release, an inmate shall be given a certificate setting forth the conditions of release. An inmate shall be made aware of all the rules of release that have been imposed upon him by the parole board prior to the inmate’s release from the institution.

(E) Except in an emergency, special conditions imposed by parole officers shall be in writing and subject to approval by an appropriate supervisor. Such special conditions shall be reported to and subject to review by the chief of the adult parole authority, or designee, within thirty (30) days after being imposed.

(F) A transitional control offender shall, in addition, be required to comply with the following rules:

(1) Unless the chief of the adult parole authority, or designee, provides otherwise, each transitional control offender must be located either at the approved facility for confinement, at the designated educational or work location, or en route between the facility and the location.

(2) Each transitional control offender must abstain from consuming or possessing any type of alcohol and any non-prescribed drug or narcotic.

(3) Each transitional control offender must inform his supervising officer of any unavoidable or unusual circumstances which prevent the participant from fulfilling his obligations under the transitional control program.

(G) Release to a state or to a federal authority shall be subject to rule 5120:1-1-33 of the Administrative Code . Pending release to such authority, the inmate shall remain in the institution or suitable facility to which he is assigned.

(H) In determining whether paragraph (B)(1) above has been violated, the fact that there has been no conviction, or no prosecution, shall not prevent the adult parole authority from commencing revocation proceedings pursuant to rule 5120:1-1-17 of the Administrative Code.

(1) A judicial determination that the violation of law or ordinance has not been proved beyond a reasonable doubt, or a dismissal of the criminal charges by a prosecutor, shall not preclude the parole board from finding a violation of law or ordinance, for the purposes of revocation of release. The commission of a violation of release may be proved by a lesser degree of proof, pursuant to paragraph (E) of rule 5120:1-1-19, of the Administrative Code, based on substantial evidence and considering the record as a whole.

(2) A finding of “no probable cause” by a magistrate on pending criminal charges shall not affect the finding of a violation of paragraph (B)(1), above, when additional evidence is considered at the revocation hearings 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 be conclusive that paragraph (B)(1), above, has not been violated.

HISTORY:

(former 916); Eff 10-15-754-1-05

Promulgated Under: 111.15

Statutory Authority: 2967.26, 5120.01, 5149.02.

Rule Amplifies: 2967.03, 2967.131.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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 chief of the adult parole 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 serving a sentence of aggravated murder, or life shall be released from parole earlier than five years after the parolee has been released from the institution.

HISTORY:

(former 918); Eff 3-18-77; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2967.01, 2967.16

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

Rescinded eff 4-1-05

(A) All applications for pardon, reprieve or commutation of sentence shall be made in writing to the chief of the adult parole authority.

(B) When an application for a pardon, reprieve or commutation of sentence is filed with the chief of the adult parole authority, the authority 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. Such hearing if held, shall be before at least a majority of the members of the parole board.

(C) At least three weeks prior to any hearing held to consider pardon, reprieve or commutation of sentence, notice of such hearing shall be sent to the prosecuting attorney and the judge of the court of common pleas of the county in which the indictment against the applicant was found, and, if required by section 2967.12 of the Revised Code, to the victim or victim’s representative. Where there is more than one judge of the court of common pleas, the notice shall be sent to the presiding judge.

(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.

(E) In the event the hearing is continued, notice of such continuance and the date of the continued hearing shall be sent to all interested parties at least ten days prior to the date of the continued hearing, except as it relates to notice to the victim or victim’s representative; then paragraph (C) of this rule shall be followed.

(F) In the event the decision of the parole board is to recommend for or against pardon, reprieve, or commutation of sentence, such recommendation shall be forwarded to the govenor, together with a brief statement of the facts, the grounds for such recommendation, and the record or minutes of the case.

(G) 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.

(H) If the adult parole authority receives an application for pardon, commutation or reprieve for a person for whom executive clemency was denied less than two years earlier than the date the subsequent application was received, and the authority does not believe that the application contains any grounds that were not or could not have been presented in the earlier application, the parole authority may forward the application to the governor with the recommendation that it be denied on the basis of the earlier review and denial. In such a case, no hearing and no further investigation shall be necessary unless specifically requested by the governor.

(I) The adult parole authority 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.

HISTORY: Eff 10-15-75; 7-1-93 (Emer.); 9-13-93; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2967.03, 2967.07, 2967.12, 5149.10.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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.

HISTORY: Eff 10-15-75; 12-20-96; 4-1-05

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.02

Rule Amplifies: 5149.02

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(A) Pursuant to rule 5120:1-1-12 of the Administrative Code the parole board and the parole officer have significant discretion to impose conditions of release designed to protect the public and to promote the offender’s successful reintegration into the community. This rule does not limit any discretion to impose special conditions that exists under that rule.

(B) Whenever an offender under the supervision of the adult parole authority commits a violation of the conditions of release, 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. 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) Sanctions such as, but not limited to, the following may be imposed without a hearing:

(1) Community service;

(2) Office reporting;

(3) Additional supervision conditions;

(4) Upgrades in supervision levels;

(5) Mandatory employment;

(6) Structured supervision activities;

(7) Summons before a unit supervisor;

(8) Substance abuse monitoring/treatment;

(9) Residential curfew;

(10) More frequent reporting requirements;

(11) Formal written reprimand;

(12) Program placement;

(13) Summons to appear before the parole board for review of the offender’s performance on release;

(D) The following sanctions may be imposed by an adult parole authority hearing officer after a hearing:

(1) Any of the sanctions that may be imposed by the parole officer or unit supervisor;

(2) Revocation of release or prison sanction.

HISTORY: Eff 7-14-75; 4-2-89; 12-1-95 (Emer.); 8-16-96; 4-1-05

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.02.

Rule Amplifies: 2967.15.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(A) If the decision is made to commence revocation proceedings pursuant to section 2967.15 of the Revised Code, the releasee shall receive a hearing prior to revocation of release, unless 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, hearing officer or other person designated by the chief of the adult parole authority. The chief may designate as hearing officer any neutral employee of the department of rehabilitation and correction other than the releasee’s supervising officer or that officer’s supervisor.

(3) The hearing is to determine whether there is preponderance of the evidence, taking the record as a whole, that the releasee violated a condition of release and whether mitigating circumstances make revocation inappropriate. The determination of the appropriate sanction rests within the sound discretion of the hearing officer.

(4) 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 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 request representation by counsel. 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 hearing officer if requested.

(B) If the hearing officer decides that the releasee violated the conditions of release and that a revocation sanction should be imposed, the hearing officer shall order the return of the releasee to the appropriate state correctional institution. The finding and order of the 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 hearing officer. This provision does not create a right of appeal of the decision of the hearing officer.

(C) If the hearing officer orders the return of the releasee to a correctional institution, the 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 hearing officer. The office of victim services shall be notified if the determination of the hearing officer or the parole board chair or designee results in the offender being incarcerated until the maximum expiration of the offender’s sentence.

Effective: 12/01/2008

R.C. 119.032 review dates: 01/12/2010

Promulgated Under: 119.03

Statutory Authority: 5120.01; 5149.02

Rule Amplifies: 2967.15

Prior Effective Dates: 12/1/95 (Emer.); 12/10/79; 9/7/78; 7/14/75; 8/16/96

(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 will 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 will be scheduled for a parole release consideration hearing by the hearing officer 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 will 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 will be scheduled for a parole release consideration hearing at the end of the continuance.

Effective: 12/01/2008

R.C. 119.032 review dates: 01/12/2010

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.02.

Rule Amplifies: 2967.15

Prior Effective Dates: 12/01/95 (Emer.), 12/1/93, 8/16/96, 4/1/2005

(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 heasring will be scheduled for a release hearing ten years from the date of that hearing.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.10

Rule Amplifies: 5149.10

Prior Effective Dates: 10/15/75, 1/2/79, 11/9/81, 8/29/83, 7/1/93 (Emer.), 9/13/93, 3/16/98 (Emer), 1/1/2002

(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 while serving a period of intermediate transitional detention pursuant to rule 5120-11-12 of the Administrative Code 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.

HISTORY: Eff 9-1-92 (Emer.); 11-29-92; 12-1-95 (Emer.); 8-16-96; 4-1-05

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.02.

Rule Amplifies: 5149.02

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(A) Whenever a supervising officer has reason to believe, based upon reliable information or observation, that an offender appears to be mentally ill or mentally retarded 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 mentally retarded 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 section 5123.71 of the Revised Code for mentally retarded 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 (mentally retarded 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; 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 is “suffering from a mental illness or mental retardation subject to hospitalization” as defined by section 5122.01 or 5123.68 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 (mentally retarded); or

(5) File an affidavit pursuant to section 5122.11 of the Revised Code (mentally ill) or section 5123.71 of the Revised Code (mentally retarded) 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 mental retardation, 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 mental retardation.

(J) Upon certification by the director of the department of mental health and mental retardation 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 mentally retarded, 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.

HISTORY: Replaces rule 5120:1-1-21, 5120:1-1-22; Eff (Amended) 6-10-75; 12-10-79; 4-1-05

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5149.02, 2967.22.

Rule Amplifies: 5149.02, 2967.22.

R.C. 119.032 review dates: 01/12/2005 and 01/12/2010

(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 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, his 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 any employee of the department of rehabilitation and correction has received any information which gives him 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, such information shall immediately be reported, in writing, to the supervising officer of the offender with a copy to the unit supervisor, or directly to the unit supervisor, in writing, if the information is based upon the supervising officer’s own knowledge or observations.

(1) Immediately upon receipt of such information by the offender’s supervising officer, such supervising officer shall consult with the unit supervisor regarding whether a detainer should be issued or placed against such releasee. In the case of any emergency, a detainer may be filed by the supervising officer, pending review by the unit supervisor which shall be done at the earliest practicable time.

(2) When a detainer is issued or filed, the unit supervisor shall immediately send a written report of such action to the chief of the adult parole authority, or designee, and state why no alternative disposition was available or feasible.

(3) In the event a detainer is not filed, the unit supervisor shall immediately send a written report supporting such action, providing alternative programming, to the chief of the adult parole authority or designee, whenever the alleged violation involves a violation of state or federal law, the action of the release has resulted in property damage or physical injury to any persons, or the alleged violation is of a special condition of supervision or sanction placed on the offender pursuant to rule 5120:1-1-12 of the Administrative Code. All other alleged violations shall be reported to the chief of the adult parole authority, or designee, pursuant to periodic reporting requirements.

(4) Within ten business days following the issuance or filing of a detainer, the unit supervisor shall file the complete violation report.

(5) 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 unit supervisor shall consider the following:

(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, overall history of the offender, the strength and seriousness of the allegation, proximity or danger to victims, repeated failure in programming, and review of the violations hearing grid, (DRC 3458;)

(4) The risk of the offender harming himself 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.

Effective: 06/13/2009

R.C. 119.032 review dates: 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.03

Rule Amplifies: 2967.15, 5149.21

Prior Effective Dates: 9/7/78; 4/1/75, 12/20/96.

(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 on form 940-1. 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) Notification of the action of the parole board under paragraph (D) of this rule, shall be communicated to such detaining authority, to the managing officer, and to the inmate on form 940-2, by the institutional record clerk upon receipt of the official minutes of the parole board.

(F) 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.

(G) Release on detainer pursuant to this rule shall be at no expense to the state of Ohio.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2941.401, 2963.30, 2963.32, 2963.34, 2963.35

Prior Effective Dates: 10/15/75, 4/1/2001

(A) An offender under adult parole authority supervision who is in violation of his 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 designee, in his 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 shall be returned to Ohio for serving of sentence or prison term or reinstatement to supervision or to 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.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statuto]y Authority: 5120.01, 5149.02

Rule Amplifies: 2963.21

Prior Effective Dates: 10/15/75, 12/20/96

(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.

Effective: 11/14/2008

R.C. 119.032 review dates: 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5120.64

Rule Amplifies: 5149.03, 5120.64

Prior Effective Dates: 7/13/2001

(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, and minutes made by the adult parole authority including the parole board, resulting from any hearing required by law or division-level 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 risk assessments

(3) Institutional summary reports

(4) Master file cover information

(5) Warrants and detainers

(6) Special conditions of parole

(7) Parole certificates

(8) 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 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.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5149.02

Rule Amplifies: 5120.21

Prior Effective Dates: 10/15/75, 11/17/97, 4/1/2001

(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 prior approval in writing from the chief of the adult parole authority.

(C) Applications for permission to carry a firearm shall be made in writing to the chief of the adult parole authority on form 947-1. Such request shall include the make, model and serial number of the weapon and be approved by the regional administrator or designee.

(1) Employees carrying firearms shall use a revolver or semi-automatic pistol meeting 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) Permission to carry a firearm may be granted by the chief of the adult parole authority whenever he or she determines it is necessary for the personal safety of the employee making the request and in performance of the employee’s duties.

(E) Employees shall carry their firearm concealed on their person while acting under authority of this rule.

(F) Permission to carry a firearm may be granted for specific or general condition.

(G) 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) The applicant has given a bond to the state in such amount as is required by law.

(3) An annual inspection of the firearm has been completed by a department of rehabilitation and correction certified firearms instructor.

(H) Permission to carry a firearm may be withdrawn in the discretion of the chief of the adult parole authority at any time.

(I) If a firearm is discharged during the performance of an employee’s duties, an unusual incident report shall be written and submitted to the chief of the adult parole authority within one business day of the incident.

(J) Failure to comply with any of the requirements of this rule may result in disciplinary action up to and including dismissal.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 111.15

Statutory Authority: 5120.01; 5149.02

Rule Amplifies: 5149.05

Prior Effective Dates: 11/07/76; 11/09/81, 11/15/92

(A) Parole and probation officers in the exercise of their legal duties as supervisors of a large number of releasees, 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 physician 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) There are five general situations in which an officer may legally use force against a releasee.

(1) Self-defense from an assault by a releasee.

(2) Defense of third persons, such as other employees, releasees, or by-standers, from an assault by a releasee.

(3) Controlling or subduing a releasee who refuses to obey a parole rule or regulation.

(4) Prevention of a crime.

(5) Prevention of an escape.

(D) An officer is authorized to use force, other than deadly force, when and to the extent he reasonably believes that such force is necessary to enforce the lawful rules and regulations of the adult parole authority.

(E) Physical harm to persons shall not be used as punishment.

(F) An officer is authorized to use force, including deadly force, when and to the extent he reasonably believes that such force is necessary to do any of the following.

(1) Protect self from death or serious physical harm from the unlawful use of force by a releasee.

(2) Protect another against death or serious physical harm from the unlawful use of force by a releasee or another person when there is reasonable belief that the protected person would be justified in using such force, if able.

(3) To apprehend a releasee.

(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.

(H) When force of any kind is exerted on a releasee, an unusual incident report shall be submitted within twenty four hours to the chief of the adult parole authority.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 111.15

Statutory Authority: 2901.01, 2917.11, 5120.01

Rule Amplifies: 2901.01, 2917.11, 5120.01

Prior Effective Dates: 2/7/77

(A) 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, that physician shall provide to the head of the institution a certificate indicating that the inmate is in imminent danger of death and a separate statement generally describing the inmate’s medical condition including an opinion of the time remaining which said inmate is likely to survive.

(B) Upon receipt of the certificate and statement from the attending physician, the head of the institution shall cause the preparation of a background report concerning the inmate to be completed.

(C) Upon receipt of the background report, the head of the institution shall determine whether to recommend release as if on parole. Whenever such decision is to recommend release as if on parole, the head 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 background report.

(D) Upon receipt of the head of the institution’s statement, the background report, and the attending physician’s certificate and statement, the director’s office shall immediately request an investigation be conducted to determine whether there is appropriate community placement for the inmate and whether there is any other additional information which may assist the governor in deciding whether to grant release as if on parole to the inmate. A written report detailing the results of the investigation shall be submitted to the director’s office within ten business days from the date the investigation was requested.

(E) Upon receipt of the investigation report, 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.

(F) If the governor authorizes release as if on parole and documents indicating such authorization are filed with the secretary of state and delivered to the head of the institution where the inmate is confined, the inmate may be released as if on parole upon the inmate’s written acceptance of the terms and conditions of such release.

(G) For the purpose of this rule, “head of the institution” means the managing officer or warden unless that person is absent from duty, in which event the term shall mean the deputy warden of treatment or custody as designated by the managing officer or warden.

(H) The consideration of imminent danger of death releases shall receive high priority, and the processing of required documents shall be made in the most expeditious manner reasonably possible.

Effective: 05/21/2006

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 111.15

Statutory Authority: 5120.01, 2967.05

Rule Amplifies: 2967.05

Prior Effective Dates: 9/7/78

(A) The parole board shall review offenders sentenced to a prison term for an offense committed on or after July 1, 1996, to determine post-release control sanction(s) to take effect upon the prisoner’s release from imprisonment.

(B) The parole board shall order a period of post-release control of five years with one or more post-release control sanctions for offenders who were sentenced for felonies of the first degree or sex offenses. For offenders sentenced for felonies of the second degree and felonies of the third degree where the offender caused or threatened to cause physical harm to a person, the parole board shall order a period of post-release control of three years with one or more post-release control sanctions. The board shall order one or more post-release control sanctions to apply during a period of post release control as determined by the board, upon a prisoner who satisfactorily completes the entire period of imprisonment in an intensive program prison.

(C) Sanctions imposed by the parole board shall be commensurate with the overriding purposes of felony sentencing to protect the public and to punish the offender and may include the enforcement of financial sanctions imposed by the sentencing court. Sanctions may be imposed for rehabilitation, treatment, or incapacitation of the offender, or to accomplish any other purpose authorized by section 2929.11 of the Revised Code.

(D) The parole board may order post-release control sanctions for nonviolent felony three and all felony four and five (non-sex offenses) for no greater than three years. 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, including previous periods of probation and parole, or other community supervision.

(2) Juvenile court adjudications finding the offender to be a delinquent child.

(3) The offender’s conduct while imprisoned.

(4) Any information provided by the office of victim services regarding post-release control sanctions;

(5) Available supervision resources, including but not limited to: available beds in community residential sanctions, available community non-residential treatment options, and officer caseloads;

(6) Judicially imposed prison terms for post-release control sanction violations;

(7) Court ordered restitution of at least five hundred dollars.

(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.

(6) The parole board rule may increase the duration of the period of post-release control imposed by the court up to eight years .

(F) The post-release control term for felony one offenders and sex offenders may be reduced to a period no less than the length of the stated prison term originally imposed. The post-release control term for all other offenders shall be subject to final release pursuant to section 2967.16 of the Revised Code.

(G) The adult parole authority may recommend that the parole board reduce the period of post-release control imposed by the court or by the parole board. When considering applications for reductions in the period of post-release control, the parole board may generally be 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.

(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 placed on post-release control under paragraph (D) of this rule, 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.

Effective: 06/22/2009

R.C. 119.032 review dates: 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01, 5120.36

Rule Amplifies: 2929.16, 2929.17, 2929.18, 2929.28

Prior Effective Dates: 12/20/1996, 6/1/1999, 11/1/2002, 9/12/2005.

(A) When an offender under a period of post-release control pursuant to section 2967.28 of the Revised Code has completed his 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 rule 5120:1-1-41(H) 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 discharge 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) The adult parole authority shall designate a discharge from post release control as unfavorable if any of the following apply:

(1) The offender has served all available administrative prison or jail sanction time.

(2) The offender has failed to comply with sanctions progressively imposed in response to violation behavior.

(3) There are two or more misdemeanor convictions (other than minor misdemeanor traffic offenses) during the period of post release control.

(4) The offender has failed to make good faith efforts regarding payment of restitution or other financial sanction, exclusive of supervision fees imposed under rule 5120:1-1-02 of the Administrative Code.

(5) The offender has an assaultive misdemeanor or DUI conviction within the six months prior to the completion of the period of post release control.

(6) The offender has a felony conviction within the eight months prior to the completion of the period of post release control.

(D) If the supervising officer and the unit supervisor agree that an unfavorable designation is warranted under this rule, the joint recommendation shall be forwarded to the adult parole authority field services case review analyst. If the field services case review analyst and the superintendent of field services (or designee) concur with the joint recommendation, the unfavorable designation shall be placed on the final release certificate issued to the offender.

(E) If the offender is convicted of a felony offense after his discharge from post release control, the designation by the adult parole authority that the discharge from post release control was unfavorable shall be considered as a relevant factor indicating that the offender is likely to commit future crimes pursuant to section 2929.12 of the Revised Code.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01

Rule Amplifies: 2929.16, 2929.17, 2929.18, 2967.28

Prior Effective Dates: 12/20/96, 6/1/99, 11/1/2002

(A) 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 or may report the violation to the parole board for a hearing pursuant to this rule.

(B) The parole board and the parole officer have significant discretion to impose more restrictive sanctions on releasees who violate post-release control sanctions to protect the public and to promote the successful reintegration of releasees into the community. This rule does not limit any discretion to impose special conditions that exists under rule 5120:1-1-12 of the Administrative Code.

(C) Whenever a releasee under the supervision of the adult parole authority commits a violation of a 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 the imposition of a prison term sanction. Parole officers, supervisors and hearing officers have discretion to reasonably impose further violation 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.

(D) Violation of any of the post-release control sanctions in paragraph (G) of rule 5120:1-1-41 of the Administrative Code may result in imposition of any other sanction(s) listed in the rule.

(E) When considering the imposition of further sanctions the parole officer or the parole board shall consider the degree of seriousness of the violation along with the factors in paragraph (D) of rule 5120:1-1-41 of the Administrative Code which were considered when the violated sanction was originally imposed. Violations of the sanctions of mandatory employment and monetary restitution may be classified as less serious sanction violations, depending on the availability of employment opportunities in the area where the offender is residing and the specific financial circumstances of the offender.

(F) The following sanctions may be imposed for violation of post-release control sanctions only by the parole board after a hearing pursuant to this rule:

(1) Increase in the duration of the period of post-release control;

(2) A prison term sanction not to exceed nine months. The maximum cumulative prison term sanction for all violations shall not exceed one-half of the original stated prison term.

(G) 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:

(1) A deadly weapon or dangerous ordnance;

(2) Physical harm or attempted serious physical harm to another person;

(3) Sexual misconduct;

(4) Repeated violations of post-release control sanctions.

(H) In general, the most restrictive sanction imposed for most first-time misdemeanor and technical violations of post-release control sanctions, will be a nonresidential community control sanction.

(I) If the adult parole authority reports the violation of post-release control to the parole board for a hearing pursuant to division (F)(3) of section 2967.28 of the Revised Code, then 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 conducted by a parole board member or by a hearing officer of the parole board.

(2) With respect to the hearing, the offender 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 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 request representation by counsel. 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 of the proceedings by the hearing officer if requested.

(J) If after a hearing the parole board imposes a prison term sanction for violation of a post-release control sanction, the offender shall be transported to the designated reception center as determined by the department of rehabilitation and correction.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01

Rule Amplifies: 2929.16, 2929.17, 2929.18, 2967.28

Prior Effective Dates: 12/20/96, 6/1/98, 4/1/2001

(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 section 2971.03(A)(3) 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 appoint a three parole board member panel to review the offender’s case after the offender has served the minimum term imposed by the court. The panel 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 panel 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 panel deems appropriate.

(G) If two members of the three member parole board panel conducting the initial determination recommend that the case be heard by the full parole board, the parole board shall conduct a hearing. Otherwise, the decision of the panel 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 unless an earlier date is recommended by a majority of the panel. Notice of the decision shall be sent to the offender and to the victim or victim’s representative upon request.

(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.

(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.

Effective: 05/22/2006

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.49

Rule Amplifies: 2971.04, 5120.49

Prior Effective Dates: 6/1/2000, 7/17/2003