5120:1-1-40 Parole of dying prisoner.

(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