5120-11-09 Reduction of sentence for educational achievements.

(A) Any person upon whom a court imposed a term of imprisonment prior to July 1, 1996, and a person upon whom a court, on or after July 1, 1996, and in accordance with law existing prior to July 1, 1996, imposed a term of imprisonment for an offense that was committed prior to July 1, 1996, that participates in the shock incarceration program may earn a reduction from his minimum or definite sentence for educational achievements in the following types programs:

(1) Tutoring;

(2) General education development (GED); or

(3) Adult basic literacy education (ABLE) levels 1-8.

This rule does not apply to a person upon whom a court imposed a stated prison term for an offense committed on or after July 1, 1996.

(B) A person participating in the shock incarceration program who holds a high school diploma or a certificate of high school equivalence may be permitted to tutor other participants in the program.

If such person is permitted to tutor then he must be certified by a trainer who has current certification from Laubach-literacy volunteers of America. Next, such person must engage in tutoring other participants for a period of at least fifty hours, then he is entitled to a reduction in his minimum or definite sentence of two months or the remainder of that sentence, whichever is less.

(C) A person participating in the shock incarceration program who does not hold a high school diploma or a certificate of high school equivalence may participate in an educational program that is designed to award a certificate of high school equivalence to those persons who successfully complete the educational program, whether the completion occurs during the ninety-day imprisonment phase or intermediate transitional detention phase or parole supervision phase.

If such person participates in and successfully completes such educational program, then he will obtain a certificate of high school equivalence which means a statement that is issued by the state board of education or an equivalent agency of another state and that indicates that its holder has achieved the equivalent of a high school education as measured by scores obtained on the tests of general educational development published by the American counsel on education. Upon obtaining a certificate of high school equivalence, a person is entitled to a reduction in his minimum or definite sentence of six months or the remainder of that sentence, whichever is less.

If a person participates in and makes satisfactory progress towards the completion of, but does not complete, a program for a certificate of high school equivalence, then he is entitled to a reduction in his minimum or definite sentence of two months or the remainder of that sentence, which ever is less.

A person participating in the G.E.D. program will be evaluated monthly during the ninety-day imprisonment phase, the intermediate transitional detention phase, and the parole supervision phase, in order to obtain an objective assessment of his satisfactory progress in this education program during any one of these phases. A prisoner shall not have more than one unsatisfactory evaluation during any one of these phases in order to achieve satisfactory progress during any one of these phases. A prisoner's final evaluation during any one of these phases must be satisfactory in order to achieve satisfactory progress during any one of these phases.

(D) A person participating in the shock incarceration program who does not hold a high school diploma or a certificate of high school equivalence may participate in an education program that is designed to award a certificate of ABLE to those persons who successfully complete the education program, whether the completion occurs during the ninety-day imprisonment period or intermediate transitional detention period or parole supervision period.

If such person participates in and successfully completes such educational program, then he will obtain a certificate of ABLE which means a statement that is issued by the department of rehabilitation and correction through the Ohio central school system approved by the state board of education and that indicates that its holder has achieved a 6.0 grade level, or higher, as measured by scores obtained on nationally standardized or recognized tests. Upon obtaining a certificate of ABLE, a person is entitled to a reduction in his minimum or definite sentence of three months or the remainder of that sentence, whichever is less.

If a person participates in and makes satisfactory progress toward the completion of, but does not complete, a program for a certificate of ABLE, then he is entitled to a reduction in his minimum or definite sentence of one month or the remainder of that sentence, whichever is less.

A person participating in the ABLE program will be evaluated monthly during the ninety-day imprisonment phase, the intermediate transitional detention phase, and the parole supervision phase, in order to obtain an objective assessment of his satisfactory progress in this education program during any one of these phases. A prisoner shall not have more than one unsatisfactory progress during any one of these phases. A prisoner's final evaluation during any one of these phases must be satisfactory in order to achieve satisfactory progress during any one of these phases.

(E) No person shall earn more than six-months reduction from his minimum or definite sentence for educational achievements resulting from participation in any combination of programs relating to tutoring, GED and ABLE.

(F) The reduction of sentence provided for in paragraphs (B), (C) and (D) of this rule shall be credited to each person on the day the entitlement is verified.

(G) Once a person has earned and has been properly credited with a reduction from his sentence pursuant to this rule, the reduction earned shall not be forfeited for any reason.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5120.031 , 5149.02
Rule Amplifies: 5120.031
Prior Effective Dates: 9/29/94 (Emer.), 12/18/94, 7/1/96