5120:1-1-42 Discharge from post release control.

(A) When an offender under a period of post-release control pursuant to section 2967.28 of the Revised Code has completed his period of post-release control, has the period of post-release control terminated by a court pursuant to section 2929.141 of the Revised Code, or has the period of post release control terminated by a parole board hearing officer pursuant to rule 5120:1-1-41(H) of the Administrative Code, the adult parole authority shall classify the termination of post-release control as favorable or unfavorable depending on the offender#s conduct and compliance with the conditions of supervision and in accordance with this rule. This designation shall be considered as a relevant factor in sentencing pursuant to section 2929.12 of the Revised Code if the offender is convicted of a felony offense subsequent to the completion or termination of the period of post-release control.

(B) An offender’s discharge from post-release control shall be presumed to be favorable, unless the adult parole authority finds that an unfavorable designation is warranted under this rule. A favorable designation shall be placed on the final release certificate if the requirements for an unfavorable designation under this rule are not met.

(C) The adult parole authority shall designate a discharge from post release control as unfavorable if any of the following apply:

(1) The offender has served all available administrative prison or jail sanction time.

(2) The offender has failed to comply with sanctions progressively imposed in response to violation behavior.

(3) There are two or more misdemeanor convictions (other than minor misdemeanor traffic offenses) during the period of post release control.

(4) The offender has failed to make good faith efforts regarding payment of restitution or other financial sanction, exclusive of supervision fees imposed under rule 5120:1-1-02 of the Administrative Code.

(5) The offender has an assaultive misdemeanor or DUI conviction within the six months prior to the completion of the period of post release control.

(6) The offender has a felony conviction within the eight months prior to the completion of the period of post release control.

(D) If the supervising officer and the unit supervisor agree that an unfavorable designation is warranted under this rule, the joint recommendation shall be forwarded to the adult parole authority field services case review analyst. If the field services case review analyst and the superintendent of field services (or designee) concur with the joint recommendation, the unfavorable designation shall be placed on the final release certificate issued to the offender.

(E) If the offender is convicted of a felony offense after his discharge from post release control, the designation by the adult parole authority that the discharge from post release control was unfavorable shall be considered as a relevant factor indicating that the offender is likely to commit future crimes pursuant to section 2929.12 of the Revised Code.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 5120.01

Rule Amplifies: 2929.16, 2929.17, 2929.18, 2967.28

Prior Effective Dates: 12/20/96, 6/1/99, 11/1/2002