LAW
Writer®
Ohio Laws and Rules
(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