LAW
Writer®
Ohio Laws and Rules
(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