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Ohio Laws and Rules
(A) If the adult parole authority determines that an offender has violated a post-release control sanction, the adult parole authority may impose a more restrictive sanction or may report the violation to the parole board for a hearing pursuant to this rule.
(B) The parole board and the parole officer have significant discretion to impose more restrictive sanctions on releasees who violate post-release control sanctions to protect the public and to promote the successful reintegration of releasees into the community. This rule does not limit any discretion to impose special conditions that exists under rule 5120:1-1-12 of the Administrative Code.
(C) Whenever a releasee under the supervision of the adult parole authority commits a violation of a post-release control sanction, the authority will take appropriate steps in response to the violation behavior. These steps may range from warning the releasee to refrain from future violation behavior to the imposition of a prison term sanction. Parole officers, supervisors and hearing officers have discretion to reasonably impose further violation sanctions in response to violation behavior. The division of parole and community services may adopt specific procedures to carry out the purpose of this rule.
(D) Violation of any of the post-release control sanctions in paragraph (G) of rule 5120:1-1-41 of the Administrative Code may result in imposition of any other sanction(s) listed in the rule.
(E) When considering the imposition of further sanctions the parole officer or the parole board shall consider the degree of seriousness of the violation along with the factors in paragraph (D) of rule 5120:1-1-41 of the Administrative Code which were considered when the violated sanction was originally imposed. Violations of the sanctions of mandatory employment and monetary restitution may be classified as less serious sanction violations, depending on the availability of employment opportunities in the area where the offender is residing and the specific financial circumstances of the offender.
(F) The following sanctions may be imposed for violation of post-release control sanctions only by the parole board after a hearing pursuant to this rule:
(1) Increase in the duration of the period of post-release control;
(2) A prison term sanction not to exceed nine months. The maximum cumulative prison term sanction for all violations shall not exceed one-half of the original stated prison term.
(G) Imposition of a prison term sanction as a post-release control sanction shall be considered when the violation involves one or more of the following:
(1) A deadly weapon or dangerous ordnance;
(2) Physical harm or attempted serious physical harm to another person;
(3) Sexual misconduct;
(4) Repeated violations of post-release control sanctions.
(H) In general, the most restrictive sanction imposed for most first-time misdemeanor and technical violations of post-release control sanctions, will be a nonresidential community control sanction.
(I) If the adult parole authority reports the violation of post-release control to the parole board for a hearing pursuant to division (F)(3) of section 2967.28 of the Revised Code, then 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 conducted by a parole board member or by a hearing officer of the parole board.
(2) With respect to the hearing, the offender 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 of the proceedings by the hearing officer if requested.
(J) If after a hearing the parole board imposes a prison term sanction for violation of a post-release control sanction, the offender shall be transported to the designated reception center as determined by the department of rehabilitation and correction.
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, 6/1/98, 4/1/2001