5120-12-02 Screening, selection, and notice of transfer.

(A) All prisoners shall be screened to determine initial transitional control eligibility based on the criteria established in rule 5120-12-01 of the Administrative Code.

(B) Prisoners deemed eligible for transitional control consideration shall be interviewed by a unit manager/designee to receive an explanation of the transitional control program and to determine if the prisoner desires to be considered for transitional control. An institutional summary report shall be prepared for prisoners desirous of further consideration.

(C) Prisoners serving any indeterminate sentence and deemed eligible shall be considered for transitional control by the parole board. If a projected parole date has been determined as of the effective date of this rule, the prisoner shall be considered without a hearing by a panel of the parole board.

(D) Prisoners serving a definite sentence shall be determined eligible for transfer to transitional control by means of a review of the prisoner's record by the adult parole authority.

(E) At least thirty-five days prior to transferring to transitional control a prisoner who is serving a term of imprisonment for an offense committed on or after July 1, 1996 the institution record office shall give notice of the pendency of the transfer to the sentencing court and of the fact that the sentencing court may disapprove the transfer of the prisoner to transitional control. If the court disapproves the transfer of the prisoner to transitional control, the adult parole authority shall not proceed with the transfer. If the court does not disapprove the transfer, the authority may transfer the prisoner to transitional control.

(F) If the victim of an offense for which a prisoner was sentenced has requested notification under section 2930.16 of the Revised Code and has provided the department of rehabilitation and correction with the victim's name and address, the department shall notify the victim of the pendency of the transfer and of the victim's right to submit a statement to the adult parole authority regarding the impact of the transfer of the prisoner to transitional control. Notification to the victim may be provided by ordinary mail or by electronic means. If victim notification is being provided by the department's office of victim services, notification to the victim may be provided by ordinary mail, electronic means, or telephone. If the victim submits a statement to the authority, the authority shall consider the statement in deciding whether to transfer the prisoner to transitional control.

(G) If it is determined at any time that the prisoner shall not be placed on transitional control, the prisoner shall be notified in writing of this fact.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 2967.26
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 1/9/2012