5120:1-1-11 Procedure of release consideration hearing.

(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.