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Ohio Laws and Rules
(A) All applications for pardon, reprieve or commutation of sentence shall be made in writing to the parole board.
(B) When an application for a pardon, reprieve or commutation of sentence is filed with the parole board, the parole board shall conduct such investigation as is necessary and make a recommendation to the governor. A hearing may be held at the discretion of the parole board prior to making a recommendation to the governor. Such hearing if held, shall be before at least a majority of the members of the parole board.
(C) Prior to any hearing held to consider pardon, reprieve or commutation of sentence, notice of such hearing shall be provided 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 within required timeframes specified in section 2967.12 of the Revised Code, 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 provided to the presiding judge. The department of rehabilitation and correction may utilize ordinary mail or electronic means to provide this notice. The adult parole authority or the office of victim's services shall provide notice of hearings to qualified victims or victim's representatives. The adult parole authority may provide notice to victims or victim's representatives by ordinary mail or electronic means. The office of victim's services may provide notice to victims or victim's representatives by ordinary mail, telephone, or through electronic means.
(D) Such notice shall contain the following:
(1) The name of the applicant;
(2) The crime for which the applicant was convicted;
(3) The date of conviction;
(4) The term of sentence.
(E) In the event the hearing is continued, notice of such continuance and the date of the continued hearing shall be provided within required timeframes specified in section 2967.12 of the Revised Code. The department of rehabilitation and correction may utilize ordinary mail or electronic means to provide this notice. The adult parole authority or the office of victim's services shall provide notice of continued hearings to qualified victims or victim's representatives. The adult parole authority may provide notice to victims or victim's representatives by ordinary mail or electronic means. The office of victim's services may provide notice to victims by ordinary mail, telephone, or through electronic means.
(F) The recommendation of the parole board for or against pardon, reprieve, or commutation of sentence shall be forwarded to the governor, together with a brief statement of the facts, the grounds for such recommendation, and the record or minutes of the case.
(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 parole board receives an application for pardon, commutation or reprieve for a person for whom executive clemency was denied within two years from the date the denial was issued by the governor, the parole board shall review the application to determine whether it contains any significant new information that was not and could not have been presented in the earlier application . If the application contains no such new information, the parole board shall return the application to the applicant. The parole board shall inform the applicant of the date on which the applicant may reapply for consideration.
(I) The parole board shall consider a case for pardon or commutation only upon the application of the convicted person or his counsel or at the direction of the governor.
Effective:
01/09/2012
R.C.
119.032 review dates:
01/12/2015
Promulgated
Under: 111.15
Statutory
Authority:
5120.01
Rule
Amplifies:
2967.03,
2967.07,
2967.12,
5149.10
Prior
Effective Dates: 10/15/75, 7/1, 93 (Emer.), 9/13/93, 4/1/05, 4/15/10