(A) The adult parole authority shall impose upon the releasee such conditions of release on intermediate transitional detention or on parole as it deems reasonably necessary to assist the releasee in leading a law-abiding life during the period of supervision.
This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.
(B) The adult parole authority shall impose the following conditions of release:
(1) The release shall abide by all federal, state, and local laws and ordinances and all rules of the department of rehabilitation and correction or its licensed facilities;
(2) The releasee shall not leave the state without the written permission of the adult parole authority;
(3) The releasee shall comply with all lawful orders given him by duly authorized representatives of the department of rehabilitation and correction or its licensed facilities, which shall include any special conditions of release that may be issued orally or in writing at any time during supervision;
(4) The releasee must not possess, own, use, or have under his control, any firearm, deadly weapon, or dangerous ordnance;
(5) Each releasee on intermediate transitional detention must be confined at the licensed intermediate transitional detention facility except when the releasee is participating in an approved program or is enroute between the facility and the program location. each releasee on parole may be required to reside at a licensed facility or other approved program facility, within the discretion of the adult parole authority and under such terms and conditions established by the adult parole authority;
(6) Each releasee must abstain from consuming or possessing any type of alcohol or any unauthorized drug or narcotic;
(7) Each releasee must inform his supervising officer of any unavoidable or unusual circumstances which prevent him from fulfilling his obligations under the shock incarceration program; and
(8) Each releasee on intermediate transitional detention shall satisfactorily complete program requirements and demonstrate capability of meeting special parole conditions, as established in paragraphs (E)(1) and (E)(2) of rule 5120-11-13 of the Administrative Code.
(C) The adult parole authority may require additional conditions of release, provided:
(1) There is a reasonable relationship between the conditions imposed and the releasee's previous conduct and present condition;
(2) The conditions are sufficiently specific to serve as a guide to supervision and conduct; and
(3) The conditions are such that compliance is possible.
(D) In determining whether a releasee has violated paragraph (B)(1) of this rule, the fact that there has been no conviction or prosecution shall not prevent the adult parole authority from commencing revocation proceedings pursuant to rule 5120-11-15 of the Administrative Code.
(1) A judicial determination that a violation of law or ordinance has not been proved beyond a reasonable doubt or a dismissal of criminal charges by a prosecutor, shall not preclude the parole board from finding a violation of law or ordinance for the purpose of revocation of release. a violation of the conditions of release may be proved by substantial evidence considering the record as a whole.
(2) A finding of "no probable cause" by a magistrate on pending criminal charges shall not affect the finding of a violation of paragraph (B)(1) of this rule if additional evidence is considered at the revocation hearing. if no additional evidence is considered at the revocation hearing, the judicial determination of "no probable cause" shall be conclusive that paragraph
(1) of this rule has not been violated.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02
Rule Amplifies: 5120.031
Prior Effective Dates: 10-28-91 (EMER), 12/20/96