Chapter 5120-2 Determination, Reduction of Sentence

5120-2-03 [Effective until 1/8/2015] Determination of minimum, maximum and definite sentences when multiple sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed before July 1, 1996. Any sentence of imprisonment to the department of rehabilitation and correction shall be served consecutively to any other sentence of imprisonment in the following cases:

(1) The trial court specifies that it is to be served consecutively to another sentence;

(2) It is imposed for a new felony committed by a probationer, parolee, or escapee;

(3) It is a three-year term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, for using a firearm in commission of an offense;

(4) It is imposed for a violation of section 2921.34 of the Revised Code (escape), division (B) of section 2917.02 of the Revised Code (aggravated riot committed by an inmate in a detention facility), or division (B) of section 2921.35 of the Revised Code (aiding escape or resistance to authority committed by a person confined in a detention facility).

(B) Any sentence of imprisonment to the department of rehabilitation and correction shall be served concurrently, not aggregated, with any other sentence of imprisonment imposed by a court of this state, another state, or of the United States, except as provided in paragraph (A) of this rule.

(C) When multiple definite sentences are imposed to run concurrently, the prisoner shall be deemed to be serving the longest of the sentences so imposed. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner shall be released after serving the longest diminished sentence.

(D) When multiple indefinite sentences are imposed to run concurrently, the prisoner shall be deemed to be serving an indefinite term, the minimum of which is the longest of such minimum terms and the maximum of which is the longest of such maximum terms. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner becomes eligible for parole consideration after serving the longest diminished sentence.

(E) Subject to the maximums provided in this rule:

(1) When consecutive indefinite sentences of imprisonment are imposed for felony, the minimum term to be served is the aggregate of the consecutive minimum terms imposed and the maximum term to be served is the aggregate of the consecutive maximum terms imposed.

(2) When consecutive definite sentences of imprisonment are imposed, the term to be served is the aggregate of the consecutive definite terms imposed.

(3) When a three-year term of actual incarceration is imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, it shall be served consecutively with, and prior to, any other term of imprisonment imposed for the offense.

(4) When multiple three-year terms of actual incarceration are imposed pursuant to section 2929.71 of the Revised Code for using firearms in the commission of multiple offenses, the aggregate of all of such terms of actual incarceration shall be served first and then the aggregate indefinite term and/or life sentence(s) imposed for the offenses shall be served.

(5) When a person is serving any definite terms of imprisonment consecutively to any indefinite or life terms of imprisonment or to any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code or to both, the aggregate of all such three-year terms of actual incarceration shall be served first, then the aggregate of the definite terms of imprisonment shall be served, and then the indefinite or life terms of imprisonment shall be served.

(F) Consecutive terms of imprisonment imposed shall not exceed:

(1) An aggregate minimum term of fifteen years, when the consecutive terms imposed are for felonies other than aggravated murder or murder and do not include any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense.

(2) An aggregate minimum term of fifteen years plus the sum of all three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, when the consecutive terms imposed are for felonies other than aggravated murder or murder.

(3) An aggregate minimum term of twenty years, plus the sum of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code, when the consecutive terms imposed include a term of imprisonment for murder and do not include a term of imprisonment for aggravated murder.

(4) An aggregate term of eighteen months, when the consecutive terms imposed are for misdemeanors. When consecutive terms aggregating more than one year are imposed for misdemeanors under the Revised Code, and at least one such consecutive term is for a misdemeanor of the first degree that is an offense of violence, the trial court may order the aggregate term imposed to be served in a state penal or reformatory institution.

(G) There shall be no limit to the aggregate minimum sentence when at least one sentence is imposed for aggravated murder committed on or after October 19, 1981.

(H) There shall be no limit to the aggregate of definite sentences imposed for felonies.

Effective: 03/27/2008
R.C. 119.032 review dates: 01/10/2008 and 01/12/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.15
Prior Effective Dates: 11/12/75; 1/20/80; 8/1/80; 1/16/84; 11/30/87 (Emer.), 2/29/88

5120-2-03 [Effective 1/8/2015] Determination of minimum, maximum and definite sentences when multiple sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed before July 1, 1996. Any sentence of imprisonment to the department of rehabilitation and correction shall be served consecutively to any other sentence of imprisonment in the following cases:

(1) The trial court specifies that it is to be served consecutively to another sentence;

(2) It is imposed for a new felony committed by a probationer, parolee, or escapee;

(3) It is a three-year term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for using a firearm in commission of an offense;

(4) It is imposed for a violation of section 2921.34 of the Revised Code (escape),

division (B) of section 2917.02 of the Revised Code (aggravated riot committed by an inmate in a detention facility), or division (B) of section 2921.35 of the Revised Code (aiding escape or resistance to authority committed by a person confined in a detention facility).

(B) Any sentence of imprisonment to the department of rehabilitation and correction shall be served concurrently, not aggregated, with any other sentence of imprisonment imposed by a court of this state, another state, or of the United States, except as provided in paragraph (A) of this rule.

(C) When multiple definite sentences are imposed to run concurrently, the prisoner shall be deemed to be serving the longest of the sentences so imposed. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner shall be released after serving the longest diminished sentence.

(D) When multiple indefinite sentences are imposed to run concurrently, the prisoner shall be deemed to be serving an indefinite term, the minimum of which is the longest of such minimum terms and the maximum of which is the longest of such maximum terms. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner becomes eligible for parole consideration after serving the longest diminished sentence.

(E) Subject to the maximums provided in this rule:

(1) When consecutive indefinite sentences of imprisonment are imposed for felony, the minimum term to be served is the aggregate of the consecutive minimum terms imposed and the maximum term to be served is the aggregate of the consecutive maximum terms imposed.

(2) When consecutive definite sentences of imprisonment are imposed, the term to be served is the aggregate of the consecutive definite terms imposed.

(3) When a three-year term of actual incarceration is imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, it shall be served consecutively with, and prior to, any other term of imprisonment imposed for the offense.

(4) When multiple three-year terms of actual incarceration are imposed pursuant to section 2929.71 of the Revised Code for using firearms in the commission of multiple offenses, the aggregate of all of such terms of actual incarceration shall be served first and then the aggregate indefinite term and/or life sentence(s) imposed for the offenses shall be served.

(5) When a person is serving any definite terms of imprisonment consecutively to any indefinite or life terms of imprisonment or to any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code or to both, the aggregate of all such three-year terms of actual incarceration shall be served first, then the aggregate of the definite terms of imprisonment shall be served, and then the indefinite or life terms of imprisonment shall be served.

(F) Consecutive terms of imprisonment imposed shall not exceed:

(1) An aggregate minimum term of fifteen years, when the consecutive terms imposed are for felonies other than aggravated murder or murder and do not include any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense.

(2) An aggregate minimum term of fifteen years plus the sum of all three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, when the consecutive terms imposed are for felonies other than aggravated murder or murder.

(3) An aggregate minimum term of twenty years, plus the sum of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code, when the consecutive terms imposed include a term of imprisonment for murder and do not include a term of imprisonment for aggravated murder.

(4) An aggregate term of eighteen months, when the consecutive terms imposed are for misdemeanors. When consecutive terms aggregating more than one year are imposed for misdemeanors under the Revised Code, and at least one such consecutive term is for a misdemeanor of the first degree that is an offense of violence, the trial court may order the aggregate term imposed to be served in a state penal or reformatory institution.

(G) There shall be no limit to the aggregate minimum sentence when at least one sentence is imposed for aggravated murder committed on or after October 19, 1981.

(H) There shall be no limit to the aggregate of definite sentences imposed for felonies.

Effective: 01/08/2015
Five Year Review (FYR) Dates: 04/30/2013 and 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.15
Prior Effective Dates: 11/12/75; 1/20/80; 8/1/80; 1/16/84; 11/30/87 (Emer.), 2/29/88, 03/27/2008

5120-2-03.1 [Effective until 1/8/2015] Determination of stated prison terms and life sentences when multiple terms or sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction.

(B) A prison term shall be served consecutively to any other prison term as provided by law.

(C) A prison term shall be served concurrently, not aggregated, with any other prison term imposed by a court of this state, another state, or of the United States, except as otherwise provided by law.

(D) When multiple stated prison terms are imposed to run concurrently, the offender shall be deemed to be serving the longest of the stated terms so imposed. If, however, the various prison terms are subject to different amounts of reduction for jail time credit, the offender shall be released after serving the longest diminished stated prison term.

(E) When multiple life sentences with parole eligibility or a minimum term are imposed to run concurrently, the offender becomes eligible for parole after serving the longest of the minimum terms or time to parole eligibility of the life sentences. If, however, the life sentences are subject to different amounts of reduction for jail time credit, the offender shall become eligible for parole after serving the longest diminished minimum term.

(F) When consecutive stated prison terms are imposed, the term to be served is the aggregate of all of the stated prison terms so imposed.

(G) When multiple life sentences with parole eligibility or a minimum term are imposed to run consecutively, the offender becomes eligible for parole after serving the aggregate of the minimum terms or time to parole eligibility of the life sentences.

(H) An offender serving a sentence of life imprisonment without parole is not eligible for parole and shall be imprisoned until death, whether or not the offender is also serving any other sentences or prison terms.

(I) When a one, three or six-year mandatory prison term is imposed pursuant to division (D)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, such term shall be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(J) When a one, three or six-year mandatory prison term is imposed pursuant to division (D)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, and a five-year mandatory prison term is imposed pursuant to division (D)(1)(a)(ii) of section 2929.14 the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, such terms shall be served consecutively to each other and the aggregate term shall be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(K) When a mandatory prison term is imposed for a felony, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, such mandatory term shall be served prior to any non-mandatory portion of the stated prison term or life sentence imposed for the offense.

(L) When multiple mandatory prison terms are imposed for felonies, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such terms shall be served first and then the aggregate of any non-mandatory portion of the stated prison terms and/or life sentences imposed for the offenses shall be served.

(M) When an offender is serving any stated prison terms consecutively to any life terms of imprisonment and/or to any one, three, five and/or six-year mandatory prison terms imposed pursuant to division (D)(1)(a)(i) of section 2929.14 the Revised Code, for using a firearm in the commission of an offense, and/or division (D)(1)(a)(ii) of section 2929.14 of the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such one, three, five and/or six-year mandatory prison terms shall be served first, then the aggregate of all other mandatory prison terms shall be served, and then the aggregate of the non-mandatory portion of the stated prison terms shall be served, and then the aggregate of the non-mandatory portion of the life terms of imprisonment shall be served.

(N) When multiple sentences are imposed for felonies committed on or after July 1, 1996, there shall be no limit or cap to the total number of years for aggregate stated prison terms and/or life sentences imposed.

Effective: 03/27/2008
R.C. 119.032 review dates: 01/10/2008 and 01/12/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.14 , 5120.15
Prior Effective Dates: 3/13/98

5120-2-03.1 [Effective 1/8/2015] Determination of stated prison terms and life sentences when multiple terms or sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction.

(B) A prison term shall be served consecutively to any other prison term as provided by law.

(C) A prison term shall be served concurrently, not aggregated, with any other prison term imposed by a court of this state, another state, or of the United States, except as otherwise provided by law.

(D) When multiple stated prison terms are imposed to run concurrently, the offender shall be deemed to be serving the longest of the stated terms so imposed. If, however, the various prison terms are subject to different amounts of reduction for jail time credit, the offender shall be released after serving the longest diminished stated prison term.

(E) When multiple life sentences with parole eligibility or a minimum term are imposed to run concurrently, the offender becomes eligible for parole after serving the longest of the minimum terms or time to parole eligibility of the life sentences. If, however, the life sentences are subject to different amounts of reduction for jail time credit, the offender shall become eligible for parole after serving the longest diminished minimum term.

(F) When consecutive stated prison terms are imposed, the term to be served is the aggregate of all of the stated prison terms so imposed.

(G) When multiple life sentences with parole eligibility or a minimum term are imposed to run consecutively, the offender becomes eligible for parole after serving the aggregate of the minimum terms or time to parole eligibility of the life sentences.

(H) An offender serving a sentence of life imprisonment without parole is not eligible for parole and shall be imprisoned until death, whether or not the offender is also serving any other sentences or prison terms.

(I) When a one, three or six-year mandatory prison term is imposed pursuant to division ( B)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, such term shall be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(J) When a one, three or six-year mandatory prison term is imposed pursuant to division ( B)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, and a five-year mandatory prison term is imposed pursuant to division ( B)(1)(a)(ii) of section 2929.14 the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, such terms shall be served consecutively to each other and the aggregate term shall be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(K) When a mandatory prison term is imposed for a felony, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, such mandatory term shall be served prior to any non-mandatory portion of the stated prison term or life sentence imposed for the offense.

(L) When multiple mandatory prison terms are imposed for felonies, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such terms shall be served first and then the aggregate of any non-mandatory portion of the stated prison terms and/or life sentences imposed for the offenses shall be served.

(M) When an offender is serving any stated prison terms consecutively to any life terms of imprisonment and/or to any one, three, five and/or six-year mandatory prison terms imposed pursuant to division ( B)(1)(a)(i) of section 2929.14 the Revised Code, for using a firearm in the commission of an offense, and/or division ( B)(1)(a)(ii) of section 2929.14 of the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such one, three, five and/or six-year mandatory prison terms shall be served first, then the aggregate of all other mandatory prison terms shall be served, and then the aggregate of the non-mandatory portion of the stated prison terms shall be served, and then the aggregate of the non-mandatory portion of the life terms of imprisonment shall be served.

(N) When multiple sentences are imposed for felonies committed on or after July 1, 1996, there shall be no limit or cap to the total number of years for aggregate stated prison terms and/or life sentences imposed.

Effective: 01/08/2015
Five Year Review (FYR) Dates: 04/30/2013 and 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.14 , 5120.15
Prior Effective Dates: 3/13/98, 3/27/08

5120-2-03.2 Determination of multiple sentences.

(A) As used in this rule:

(1) "Senate Bill 2 sentence" means a prison term imposed for offenses committed on or after July 1, 1996 but before September 30, 2011, to be served with the department of rehabilitation and correction.

(2) "Pre-Senate Bill 2 sentence" means prison terms imposed for offenses committed before July 1, 1996, to be served with the department of rehabilitation and correction. "Pre-Senate Bill 2 sentence" includes both definite and indefinite sentences.

(3) "Pre-Senate Bill 2 definite sentence" means definite prison terms imposed for offenses committed before July 1, 1996, to be served with the department of rehabilitation and correction.

(4) "Pre-Senate Bill 2 indefinite sentence" means indefinite sentences imposed for offenses committed before July 1, 1996, to be served with the department of rehabilitation and correction.

(5) "House Bill 86 sentence" means a prison term imposed for offenses committed on or after September 30, 2011, which are subject to the earned credit provisions of section 2967.193 of the Revised Code as amended by House Bill 86 of the 129th General Assembly.

(B) This rule applies when an offender is serving a term of imprisonment for more than one felony and at least one of the felonies was committed prior to July 1, 1996, and at least one of the felonies was committed on or after July 1, 1996. In such situations, at least two, and potentially three, different sets of laws apply and the terms of imprisonment for each felony may be subject to different amounts of reduction for jail time credit. The determination of the length and expiration of the term of imprisonment for each felony must be determined in accordance with the set of laws in effect at the time the felony was committed.

(C) When a prison term for a crime committed on or after July 1, 1996, is imposed to run concurrently to a crime committed before July 1, 1996, the expiration date of each term of imprisonment must be determined independently in accordance with the appropriate set of laws. The expected expiration of the term for the crime committed on or after July 1, 1996 in most cases will be determined by diminishing the term by jail credit. The expected expiration of the crime committed before July 1, 1996 in most cases will be determined by diminishing the sentence by good time and jail credit. The sentence with the latest expiration date becomes the controlling sentence regarding the offender's expected release.

(D) During the period of imprisonment, the offender may be able to reduce each term by the appropriate amount of earned credit. In addition, if the sentence includes a pre-Senate Bill 2 sentence and a Senate Bill 2 sentence or House Bill 86 sentence, or both, the pre-Senate Bill 2 sentence is subject to denial of good time and any Senate Bill 2 sentence and any House Bill 86 sentence is each subject to loss of earned credit as provided in rule 5120-2-06 of the Administrative Code. Due to such differences, the controlling term can change during the period of imprisonment. Therefore, the expiration date of each term of imprisonment must be determined independently each time there is any reduction or increase in any term. The offender cannot be released until every pre-Senate Bill 2 definite sentence and every Senate Bill 2 and House Bill 86 sentence hasexpired; that is, until the definite term of imprisonment with the latest expiration date has expired.

(E) When a Senate Bill 2 sentence or a House Bill 86 sentence is imposed to run consecutively to a pre-Senate Bill 2 definite sentence , the pre-Senate Bill 2 definite sentence shall be served first, then the Senate Bill 2 sentence or House Bill 86 sentence. When a Senate Bill 2 sentence and House Bill 86 sentence are imposed to run consecutively, the Senate Bill 2 sentence shall be served first, then the House Bill 86 sentence. When a Senate Bill 2 sentence or House Bill 86 sentence is imposed to run consecutively to a pre-Senate Bill 2 indefinite sentence, any Senate Bill 2 sentence shall be served first, then any House Bill 86 sentence, and, lastly, the pre-Senate Bill 2 indefinite sentence shall be served.

(F) While a pre-Senate Bill 2 sentence is being served, the offender may be able to reduce the sentence by up to seven days per month of earned credit, and is subject to a potential denial of good time. While a Senate Bill 2 sentence is being served, the offender may be able to reduce the prison term by one day per month of earned credit and is subject to loss of earned credit as provided in rule 5120-2-06 of the Administrative Code. While a House Bill 86 sentence is being served, the offender may be able to reduce the prison term by one day per month or five days per month as provided in rule 5120-2-06 of the Administrative Code and is subject to loss of earned credit as provided in that rule. If an offender is serving more than one House Bill 86 sentence imposed to run consecutively to one another, for purposes of determining whether an offender is eligible for earned credit and how much, sentences for which the offender may earn zero days of credit per month, if any, shall be served first, then sentences for which the offender may earn one day of credit per month, if any, shall be served and, lastly, sentences for which the offender may earn five days of credit per month, if any, shall be served.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2967.193 , 5120.15
Prior Effective Dates: 3/13/98, 3/27/08. 12/1/2011

5120-2-04 Reduction of minimum and maximum or definite sentence or stated prison term for jail time credit.

(A) The department of rehabilitation and correction shall reduce the minimum and maximum sentence, where applicable, the definite sentence or the stated prison term of an offender by the total number of days that the offender was confined for any reason arising out of the offense for which he was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine his competence to stand trial or sanity, confinement in a community-based correctional facility and program or district community-based correctional facility and program, where applicable, and confinement while awaiting transportation to the place where he is to serve his sentence.

(B) The sentencing court determines the amount of time the offender served before being sentenced. The court must make a factual determination of the number of days credit to which the offender is entitled by law and, if the offender is committed to a state correctional institution, forward a statement of the number of days of confinement which he is entitled by law to have credited. This information is required to be included within the journal entry imposing the sentence or stated prison term.

(C) When the sheriff delivers the offender to the department of rehabilitation and correction's reception center, he shall present the managing officer with a copy of the offender's sentence, stated prison term or combination thereof that specifies the total number of days, if any, the offender was confined for any reason prior to conviction and sentence and a record of the days he was confined for the offense between the date of sentencing and the date committed to the reception center.

(D) The number of days, if any, specified in the court's journal entry committing the offender to the department is the court's finding of the number of days the offender is entitled to by law, up to and including the date of the journal entry. The bureau of sentence computation shall reduce the offender's minimum and maximum, definite sentence or stated prison term by the number of days specified in the entry, plus the number of days the offender was confined as a result of the offense, between the date of the entry and the date committed to the department, as reflected in the sheriff's record.

(E) If the court's journal entry of sentence or stated prison term fails to specify that the offender is entitled to any credit up to the date of sentencing, the bureau of sentence computation shall reduce the sentence or stated prison term only by the number of days the offender was confined between the date of the sentencing entry and the date the offender was committed to the department.

(F) If an offender is serving two or more sentences, stated prison terms or combination thereof concurrently, the department shall independently reduce each sentence or stated prison term for the number of days confined for that offense. Release of the offender shall be based upon the longest definite, minimum and/or maximum sentence or stated prison term after reduction for jail time credit.

(G) If an offender is serving two or more sentences, stated prison terms or combination thereof consecutively, the bureau of sentence computation shall aggregate the sentences, stated prison terms or combination thereof pursuant to rule 5120-2-03 , 5120-2-03.1, or 5120-2-03 of the Administrative Code. The department of rehabilitation and correction shall reduce the aggregate definite sentence, aggregate stated prison term or aggregate minimum and aggregate maximum sentences or combination thereof, as determined by rule 5120-02-03, 5120-2-03.1 or 5120-2-03.2 of the Administrative Code, by the total number of days the offender was confined for all of the offenses for which the consecutive sentences, stated prison term or combination thereof were imposed. Generally, when consecutive sentences, stated prison terms or combination thereof are imposed by multiple journal entries, the bureau of sentence computation shall reduce the aggregate sentence, stated prison terms or combination thereof by the sum of the days specified in each of the journal entries plus the number of days the offender was confined between the date of the last journal entry and the date committed to the institution. However, if any of the journal entries received on or after January 1, 1992, indicates that any particular day of confinement has been reported on more than one journal entry, the aggregate sentence, stated prison terms or combination thereof shall be reduced by one day for each day the offender was confined. If any of the journal entries received on or after January 1, 1992, indicates that any particular day of confinement has been reported more than once, the rules set forth hereinafter should be followed in determining whether any particular day of confinement has been reported more than once.

(1) When an offender receives consecutive sentences, stated prison terms or combination thereof from different counties, both the sentences, and/or prison terms and the jail time credit in each journal entry should be aggregated, unless other wise indicated. However, the transport time shall not be aggregated for each sentence and/or prison term, but rather shall only be credited one time.

(2) When an offender receives consecutive sentences, stated prison terms or combination thereof from the same county, the sentences and/or stated prison term shall be aggregated, the transport time shall not be aggregated, and jail time credit shall be determined in the following manner:

(a) If the number of days of jail time credit given for each sentence and/or stated prison term is identical, do not aggregate the jail time credit, but rather, only give the credit one time, unless otherwise ordered or indicated in the journal entry. The sheriff's letter may be used to confirm duplicate dates of confinement.

(b) If the number of days of jail time credit for each sentence and/or stated prison term is not identical, aggregate the credit in the following situations:

(i) The journal entry orders or indicates that the jail time credit shall be aggregated.

(ii) The dates of confinement are not indicated in the journal entry or the sheriff's letter and there is no indication whether any of the dates of confinement are reported more than once.

(c) If the number of days of jail time credit for each sentence and/or stated prison term is not identical and the journal entry does not provide otherwise, do not aggregate the credit in the following situations:

(i) The dates of confinement are indicated in the journal entry or the sheriff's letter and some or all of the dates are reported more than once. In such situations, the aggregate sentence, stated prison term or combination thereof shall be reduced by only one day for each day the offender was confined as indicated by the dates.

(ii) The journal entry orders or indicates that the jail time credit shall not be aggregated. In such situations, the aggregate sentence, stated prison term or combination thereof shall be reduced by the longest single amount of jail time credit ordered.

(3) When an offender goes out to court and receives an additional sentence, and/or stated prison term to run consecutive to his current sentence, stated prison terms or combination thereof, the sentences and/or stated prison terms shall be aggregated, but the offender shall not be given jail time credit for the period of time he was absent with leave (AWL) on the additional charges.

(H) The bureau of sentence computation shall not reduce a sentence, stated prison term or combination thereof for jail time credit except in accordance with this rule. A party questioning either the number of days contained in the journal entry or the record of the sheriff shall be instructed to address his concerns to the court or sheriff. Unless the court issues an entry modifying the amount of jail time credit or the sheriff sends the institution corrected information about time confined awaiting transport, no change will be made.

(I) If an offender receives a sentence, or stated prison term to this department consecutive to or concurrent with a sentence in an institution in another state or a federal institution, no action will be taken towards considering him for parole or otherwise terminating his sentence, or stated prison term until the offender is either electronically or physically committed to the custody of this department. At that time, the offender's minimum and maximum, definite sentence or stated prison term shall be reduced pursuant to this rule by the total number of days confined for the crime as certified by the court and the sheriff.

Effective: 05/12/2013
R.C. 119.032 review dates: 01/10/2013 and 05/12/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2967.191 , 5120.15
Prior Effective Dates: 11/12/75, 1/20/80, 8/1/80, 1/16/84, 11/30/87 (Emer.), 2/29/88, 7/1/93, 3/13/98, 4/10/2003, 3/27/08

5120-2-05 [Effective until 1/8/2015] Time off for good behavior.

(A) Except as provided elsewhere in this rule, an offender serving a felony sentence in a correctional facility operated by the department of rehabilitation and correction may, by faithfully observing the rules of the institution, earn a deduction of up to thirty per cent of his minimum or definite sentence. The total amount of time that may be deducted from the offender's sentence shall be prorated and shall be awarded monthly for obeying the rules of the institution for that month.

(B) Paragraph (A) of this rule does not apply to an offender serving a penitentiary sentence imposed for a crime that occurred prior to July 1, 1983, if he/she would have been entitled to earn more time off for good behavior under the laws in effect at the time of the commission of the offense.

(C) This rule does apply to all reformatory sentences for which the offender is delivered to this department on or after the effective date of this rule, no matter when the offense was committed.

(D) This rule does not apply to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction. If a person is serving a term of imprisonment for both an offense committed before July 1, 1996 and an offense committed on or after July 1, 1996, paragraph (A) of this rule shall apply only to that portion of the term for the offense committed before July 1, 1996.

(E) An offender serving a life sentence that is not subject to a reduction for time off for good behavior pursuant to rule 5120-2-10 of the Administrative Code or pursuant to any section of the Revised Code is not entitled to the reduction provided by this rule.

(F) To facilitate release planning, the bureau of sentence computation shall calculate for each offender the date of parole eligibility or expiration date if all possible good time is earned. The offender shall, however, be advised that this date is tentative and subject to change if he fails to maintain good behavior.

(G) Unless denied pursuant to rule 5120-9-56 of the Administrative Code, the diminution of sentence provided for in paragraph (A) of this rule shall be credited to each offender at the expiration of each calendar month as provided in this rule. Once diminution has been earned and properly credited for a given month, it shall not be reduced or forfeited for any reason.

(H) If notified by the rules infraction board that diminution of sentence is to be denied pursuant to rules 5120-9-56 of the Administrative Code, the record office shall note in the offender file the percentage and number of months of denial.

(I) The cumulative total of diminution of sentence granted pursuant to this rule plus any days of credit awarded pursuant to rules 5120-2-06 , 5120-2-07 and 5120-2-08 of the Administrative Code shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(J) An offender sentenced to a state penal institution pursuant to division (E)(4) of section 2929.41 of the Revised Code as it existed prior to July 1, 1996, shall be allowed a deduction equal to one-third of his sentence.

(K) Except as provided in paragraph (B) and paragraph (D) of this rule, the provisions of this rule shall apply to all offenders who are confined in a state correctional institution on or after November 1, 1987, regardless of the date on which the offender committed the offense for which he is confined. If, however, the offender began serving a term of imprisonment in a state correctional facility before November 1, 1987, the provisions of this rule apply only to the portion of the term served on and after November 1, 1987.

(L) For each offender confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 shall be diminished for time off for good behavior pursuant to the rules in effect at that time.

(M) This rule shall not operate to extend the eligibility for parole of any offender already committed to the custody of the department of rehabilitation and correction as of the effective date of this rule.

Effective: 03/27/2008
R.C. 119.032 review dates: 01/10/2008 and 01/12/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.15
Prior Effective Dates: 11/12/75, 1/20/80, 6/30/80, 10/11/82, 7/18/83 (Temp.), 11/30/87, 3/13/98, 4/10/2003

5120-2-05 [Effective 1/8/2015] Time off for good behavior.

(A) Except as provided elsewhere in this rule, an offender serving a felony sentence in a correctional facility operated by the department of rehabilitation and correction may, by faithfully observing the rules of the institution, earn a deduction of up to thirty per cent of his minimum or definite sentence. The total amount of time that may be deducted from the offender's sentence shall be prorated and shall be awarded monthly for obeying the rules of the institution for that month.

(B) Paragraph (A) of this rule does not apply to an offender serving a penitentiary sentence imposed for a crime that occurred prior to July 1, 1983, if he/she would have been entitled to earn more time off for good behavior under the laws in effect at the time of the commission of the offense.

(C) This rule does apply to all reformatory sentences for which the offender is delivered to this department on or after the effective date of this rule, no matter when the offense was committed.

(D) This rule does not apply to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction. If a person is serving a term of imprisonment for both an offense committed before July 1, 1996 and an offense committed on or after July 1, 1996, paragraph (A) of this rule shall apply only to that portion of the term for the offense committed before July 1, 1996.

(E) An offender serving a life sentence that is not subject to a reduction for time off for good behavior pursuant to rule 5120-2-10 of the Administrative Code or pursuant to any section of the Revised Code is not entitled to the reduction provided by this rule.

(F) To facilitate release planning, the bureau of sentence computation shall calculate for each offender the date of parole eligibility or expiration date if all possible good time is earned. The offender shall, however, be advised that this date is tentative and subject to change if he fails to maintain good behavior.

(G) Unless denied for failure to observe the rules of the institution, the diminution of sentence provided for in paragraph (A) of this rule shall be credited to each offender at the expiration of each calendar month as provided in this rule. Once diminution has been earned and properly credited for a given month, it shall not be reduced or forfeited for any reason.

(H) If notified by the rules infraction board that diminution of sentence is to be denied pursuant for failure to observe the rules of the institution, the record office shall note in the offender file the percentage and number of months of denial.

(I) The cumulative total of diminution of sentence granted pursuant to this rule plus any days of credit awarded pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, as it existed prior to July 1,1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(J) An offender sentenced to a state penal institution pursuant to division (E)(4) of section 2929.41 of the Revised Code as it existed prior to July 1, 1996, shall be allowed a deduction equal to one-third of his sentence.

(K) Except as provided in paragraph (B) and paragraph (D) of this rule, the provisions of this rule shall apply to all offenders who are confined in a state correctional institution on or after November 1, 1987, regardless of the date on which the offender committed the offense for which he is confined. If, however, the offender began serving a term of imprisonment in a state correctional facility before November 1, 1987, the provisions of this rule apply only to the portion of the term served on and after November 1, 1987.

(L) For each offender confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 shall be diminished for time off for good behavior pursuant to the rules in effect at that time.

(M) This rule shall not operate to extend the eligibility for parole of any offender already committed to the custody of the department of rehabilitation and correction as of the effective date of this rule.

Effective: 01/08/2015
Five Year Review (FYR) Dates: 04/30/2013 and 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.15
Prior Effective Dates: 11/12/75, 1/20/80, 6/30/80, 10/11/82, 7/18/83 (Temp.), 11/30/87, 3/13/98, 4/10/2003, 3/27/2008

5120-2-06 [Effective until 1/8/2015] Earned credit for productive program participation.

(A) Except as provided in paragraphs (S), (T), (U), (V), (W), (X) and (Y) of this rule, any person confined in a state correctional institution may earn credit as a deduction from his sentence for each full month he productively participates in any academic or vocational program, prison industry, or alcohol and drug treatment, sex offender program, or mental health program specifically approved by the director. A person earning credit towards a sentence pursuant to section 2967.193 of House Bill 261 of the 117th General Assembly, for a crime committed prior to July 1, 1996 may earn two days of credit for such participation as described in paragraph (G) of this rule as a deduction from his minimum or definite sentence. A person earning credit towards a sentence for a crime committed on or after July 1, 1996 or otherwise sentenced pursuant to section 2967.193 of Senate Bill 2 of the 121st General Assembly, may earn one day of credit from his stated prison term. A person earning credit towards a sentence for an offense committed on or after September 30, 2011 may earn one day of credit or five days of credit as provided in paragraph (I) of this rule.

(B) The director or designee shall issue and maintain a list containing the specific name of each approved program at each institution. Programs may be added or deleted according to a procedure approved by the director. No inmate shall be awarded earned credit for participating in any program not specifically named on the director's list. The director's approved list shall be verified annually for each institution through the department's audit process.

(C) The following types of programs may be approved for earned credit by the director as academic or vocational educational programs:

(1) Adult basic literacy education (A.B.L.E.);

(2) Pre-GED;

(3) GED and high school;

(4) College programs;

(5) Vocational and apprenticeship programs;

(6) Work extension program job assignments, where after successful completion, during the current incarceration, of an approved related institutional training program, the inmate applies the learned skills in the performance of his duties in his current institutional job assignment.

(D) Prison industries that may be approved for earned credit by the director are those operated through Ohio penal industries.

(E) The following types of programs may be approved for earned credit by the director as alcohol and drug treatment programs:

(1) Therapeutic communities;

(2) Residential alcohol and drug treatment programs;

(3) Alcohol and drug day treatment programs;

(4) Alcohol and drug treatment outpatient group counseling.

(5) Continuing care programs.

(F) The following types of programs may be approved for earned credit by the director as sex offender or mental health programs:

(1) Residential sex offender programs;

(2) Residential mental health programs;

(3) Sex offender day treatment programs;

(4) Mental health day treatment programs.

(G) Inmates earning credit pursuant to House Bill 261 of the 117th General Assembly, may earn two days of credit for participating in an approved academic or vocational or prison industries program as defined in paragraphs (C) and (D) of this rule in addition to two days credit for participating in programs listed in paragraph (E) or (F) of this rule. However, no inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participation in more than one academic or vocational education program or prison industry during a particular month. No inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participating in more than one residential or outpatient alcohol, drug, sex offender, or therapeutic community, or mental health treatment program during a particular month. Once an inmate earning credit pursuant to House Bill 261 of the 117th General Assembly has earned and has been properly credited with days of credit pursuant to this rule, the credit earned shall not be forfeited for any reason. Such inmates, therefore, are exempt from paragraph (Q) of this rule, which describes conditions for possible withdrawal of previously earned credit for those inmates earning credit under Senate Bill 2 of the 121st General Assembly or House Bill 86 of the 129th General Assembly.

(H) Except as otherwise provided in paragraph (V) of this rule, inmates earning credit pursuant to this rule sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 may earn only one day of credit per month regardless of program participation, and such credit may be forfeited pursuant to paragraph (Q) of this rule.

(I) Except as otherwise provided in paragraphs (J) and (V) of this rule, inmates earning credit pursuant to this rule sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 may earn one day or five days of credit per month as prescribed in paragraph (I)(1), (2), (3), or (4) of this rule. Such credit may be forfeited pursuant to paragraph (Q) of this rule.

(1) An inmate may earn one day of credit if the most serious offense for which the offender is incarcerated is a first or second degree felony that is any of the following:

(a) Involuntary manslaughter (division (A) of section 2903.04 of the Revised Code);

(b) Voluntary manslaughter (section 2903.03 of the Revised Code);

(c) Felonious assault (section 2903.11 of the Revised Code);

(d) Permitting child abuse (section 2903.15 of the Revised Code);

(e) Kidnapping (section 2905.01 of the Revised Code);

(f) Soliciting (section 2907.24 of the Revised Code);

(g) Prostitution (section 2907.25 of the Revised Code);

(h) Aggravated arson (section 2909.02 of the Revised Code);

(i) Vehicular vandalism (section 2909.09 of the Revised Code);

(j) Railroad vandalism (section 2909.10 of the Revised Code);

(k) Railroad grade crossing device vandalism (section 2909.101 of the Revised Code);

(l) Criminal possession of a biological, chemical, or radiological weapon (section 2909.26 of the Revised Code);

(m) Criminal use of a chemical, biological, or explosive weapon (section 2909.27 of the Revised Code);

(n) Money laundering in support of terrorism (section 2909.29 of the Revised Code);

(o) Aggravated robbery (section 2911.01 of the Revised Code);

(p) Robbery (section 2911.02 of the Revised Code);

(q) Aggravated burglary (section 2911.11 of the Revised Code);

(r) Burglary (section 2911.12 of the Revised Code);

(s) Abortion manslaughter (section 2919.13 of the Revised Code);

(t) Partial birth feticide (section 2919.151 of the Revised Code);

(u) Endangering children (section 2919.22 of the Revised Code);

(v) Escape (section 2921.34 of the Revised Code);

(w) Conspiracy (section 2923.01 of the Revised Code);

(x) Possession of a deadly weapon while under detention (section 2923.131 of the Revised Code);

(y) Discharging a firearm on or near a prohibited premises (section 2923.162 of the Revised Code);

(z) Engaging in a pattern of corrupt activity (section 2923.32 of the Revised Code);

(aa) Tampering with drugs (section 2925.24 of the Revised Code);

(bb) Contaminating a substance for human consumption (section 2927.24 of the Revised Code);

(2) An inmate may earn one day of credit if the most serious offense for which the offender is incarcerated is conspiracy or attempt to commit, or complicity in committing, any offense listed in paragraphs (I)(1)(a) to (bb) of this rule or for which the maximum penalty is life imprisonment.

(3) An inmate may earn one day of credit if the offender is serving a stated prison term that includes a prison term imposed for any of the following offenses that are a felony, an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance:

(a) Illegal conveyance of a deadly weapon or dangerous ordnance (division (A)(1) of section 2921.36 of the Revised Code);

(b) Illegal possession of a firearm in a liquor permit premises (section 2923.121 of the Revised Code);

(c) Illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone (section 2923.122 of the Revised Code);

(d) Illegal conveyance of a deadly weapon or dangerous ordnance into, or possession in, a courthouse (section 2923.123 of the Revised Code);

(e) Having weapons while under disability (section 2923.13 of the Revised Code);

(f) Possession of a deadly weapon while under detention (section 2923.131 of the Revised Code);

(g) Improperly handling firearms in a motor vehicle (section 2923.16 of the Revised Code);

(h) Improperly discharging a firearm at, into, or near a habitation, school safety zone, or school premises (section 2923.161 of the Revised Code);

(i) Discharging a firearm at or near a prohibited premises (section 2923.162 of the Revised Code);

(j) Unlawful possession of a dangerous ordnance or illegally manufacturing or processing explosives (section 2923.17 of the Revised Code);

(k) Unlawful transaction in weapons (section 2923.20 of the Revised Code);

(l) Defacing identification marks on a firearm or possessing a defaced firearm (section 2923.201 of the Revised Code);

(m) Improperly furnishing firearms to a minor (section 2923.21 of the Revised Code).

(4) An inmate may earn five days of credit if the most serious offense for which the offender is incarcerated is not identified in paragraph (I)(1), (I)(2), or (I)(3) of this rule and is not a sexually oriented offense.

(J) An inmate sentenced under House Bill 86 of the 129th General Assembly for a sexually oriented offense, as defined in section 2950.01 of the Revised Code, committed on or after September 30, 2011 shall not be eligible for earned credit.

(K) Inmates earning credit pursuant to this rule sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 may earn a one-time credit equal to five days for completing two programs of a type described in paragraphs (C), (D), (E), (F)(2), and (F)(4) of this rule.

(L) An inmate earning credit towards a minimum or definite sentence pursuant to House Bill 261 of the 117th General Assembly and also earning credit towards a stated prison term pursuant to Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011, House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011, or both shall have the minimum or definite sentence and the stated prison term independently reduced by the appropriate days of earned credit applicable to that particular sentence or prison term. An inmate earning credit towards a stated prison term imposed pursuant to Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 and also earning credit towards a stated prison term imposed pursuant to House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 shall have the stated prison terms independently reduced by the appropriate days of earned credit applicable to that particular prison term.

(M) In order to earn credit under this rule for a particular month, an inmate must enter the program on or before the first day of the month and continue participating in the program through the last day of the month. An inmate participating and remaining in good standing in an academic or vocational education program, which has a quarter or semester end during a month, shall be deemed to be participating in the program through the end of the month. An inmate who successfully completes a formal program resulting in the issuance of a certificate of completion during a month shall be deemed to have continued participating in the program through the end of that month.

(N) Regardless of the reason for absence, an inmate must attend seventy-five per cent of the scheduled program/job sessions for any month in order to receive earned credit for that month.

(O) No inmate will receive earned credit for program participation during any month in which he has had an unexcused absence from the program. Unexcused absence includes but is not limited to an absence caused by confinement in security control or disciplinary control as a result of a violation of institution rules.

(P) No inmate shall earn credit during any month in which he exhibits behavior considered to be a hindrance to the productive participation of himself or others, such as excessive noise, disruption, sleeping on assignment or tardiness. Such behavior shall be documented by a conduct report and substantiated through a guilty finding of the hearing officer or rules infraction board.

(Q) Any inmate sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 and any inmate sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 having plead or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as described in rule 5120-9-06 of the Administrative Code or a program related violation, including the program related violations described in paragraphs (O) and (P) of this rule, may have previously earned credit days forfeited. The rules infraction board, in addition to assessing any other appropriate disciplinary measures, may recommend the withdrawing of earned credit awarded from previous months. An inmate may not have more than fifty per cent of previously earned credit days withdrawn in any calendar month unless the rule violation for which credit is being withdrawn involved a serious act of violence. The department shall identify in its written policies the specific rule violations that constitute serious acts of violence for which more than fifty per cent of previously earned credit days may be withdrawn in any calendar month. If the fifty per cent calculation results in a one-half or half day remainder, the half day shall be rounded up to a full day. A recommendation by the rules infraction board to withdraw credit shall be reviewed by the warden for approval/disapproval/modification.

(R) As soon as practicable after the last day of each month, the deputy warden or designee at each institution shall report to the record office supervisor the name of each inmate in the institution who has earned credit pursuant to this rule. Each month the record office supervisor shall credit the inmate appropriately with the credit earned for that month.

(S) No inmate serving a prison term of one, three, five or six years for use of a firearm imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for an offense committed prior to July 1, 1996, or pursuant to division (D)(1) of section 2929.14 of the Revised Code, effective July 1, 1996, for an offense committed on or after July 1, 1996, including prison terms imposed after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, shall earn or be awarded any days of credit pursuant to this rule for any program participation which occurs while serving any such period of actual incarceration. An inmate against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term in its entirety if he would otherwise be eligible for earned credit.

(T) An inmate who is granted a period of electronically monitored early release is not entitled, during that specified period of confinement, to earn any days of credit pursuant to this rule as a deduction from the inmate's prison term, regardless whether such prison term is for an offense committed before or after July 1, 1996.

(U) No inmate may earn days of credit pursuant to this rule if the inmate is serving a sentence of imprisonment for an offense, committed before July 1, 1996, of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code in effect prior to July 1, 1996.

(V) The following prison terms, for crimes committed on or after July 1, 1996 or otherwise imposed pursuant to Senate Bill 2 of the 121st General Assembly, including prison terms imposed on or after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, shall not be reduced by any days of earned credit:

(1) A prison term for a felony for which an indefinite term of imprisonment is imposed;

(2) A mandatory prison term imposed pursuant to division (F) of section 2929.13 of the Revised Code, effective July 1, 1996, for:

(a) Aggravated murder or murder;

(b) Rape, felonious sexual penetration, or an attempt to commit rape or felonious sexual penetration by force when the victim is under thirteen years of age;

(c) Any felony violation of section 2903.06 (aggravated vehicular homicide) or 2903.07 (vehicular homicide) of the Revised Code;

(d) Any first, second or third degree felony drug offense for which the imposition of a mandatory prison term is required;

(e) Any other first or second degree felony if the offender previously was convicted of or pled guilty to aggravated murder, murder or any first or second degree felony;

(f) Any felony, other than a violation of section 2923.12 (carrying a concealed weapon) of the Revised Code, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony; or

(g) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;

(3) A mandatory prison term imposed pursuant to division (D)(2)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for being a repeat violent offender. If the court also imposes an optional, additional term pursuant to division (D)(2)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory prison term, may earn credit while serving the additional, optional prison term;

(4) A mandatory ten year prison term imposed pursuant to division (D)(3)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for a drug offense or for otherwise being a major drug offender, for corrupt activity with the most serious offense in the pattern of corrupt activity being a first degree felony, or for attempted rape or felonious sexual penetration by force with the victim being under thirteen years of age. If the court also imposes an optional, additional term pursuant to division (D)(3)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory ten year prison term, may earn credit while serving the additional, optional prison term;

(5) A prison term imposed for a violation of post release control.

(6) A prison term imposed as part of a risk reduction sentence under section 2929.143 of the Revised Code.

(W) If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, the cumulative total of any days of credit awarded under this rule, rules 5120-2-07 and 5120-2-08 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for such inmate one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

The aggregate days of credit earned by an inmate sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 shall not exceed eight per cent of the total number of days in the inmate's stated prison term.

(X) Days of credit earned pursuant to this rule shall be used for no purpose other than to reduce the inmate's definite or minimum sentence or his stated prison term. If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, once the inmate has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rules 5120-2-07 and 5120-2-08 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of year's before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary for such sentence.

(Y) Each year, beginning in 2012, on or before the thirtieth day of September, the department of rehabilitation and correction shall seek written comments from the Ohio prosecuting attorneys association, the Ohio judicial conference, the Ohio public defender, the Ohio association of criminal defense lawyers, the Ohio criminal sentencing commission, and the Ohio common pleas judges association regarding the department's administration of the earned credit program as described in this rule. The department shall consider the comments it receives in evaluating the program and in adopting or modifying the policies and procedures the department uses to administer the program.

Effective: 12/01/2011
R.C. 119.032 review dates: 01/10/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 2967.193
Rule Amplifies: 2967.193
Prior Effective Dates: 11/30/87 (Emer.), 2/29/88, 3/13/98, 8/27/00, 4/17/03, 7/15/11

5120-2-06 [Effective 1/8/2015] Earned credit for productive program participation.

(A) Except as provided in paragraphs (S), (T), (U), (V), (W), (X) and (Y) of this rule, any person confined in a state correctional institution may earn credit as a deduction from his sentence for each full month he productively participates in any academic or vocational program, prison industry, or alcohol and drug treatment, sex offender program, or mental health program specifically approved by the director. A person earning credit towards a sentence pursuant to section 2967.193 of House Bill 261 of the 117th General Assembly, for a crime committed prior to July 1, 1996 may earn two days of credit for such participation as described in paragraph (G) of this rule as a deduction from his minimum or definite sentence. A person earning credit towards a sentence for a crime committed on or after July 1, 1996 or otherwise sentenced pursuant to section 2967.193 of Senate Bill 2 of the 121st General Assembly, may earn one day of credit from his stated prison term. A person earning credit towards a sentence for an offense committed on or after September 30, 2011 may earn one day of credit or five days of credit as provided in paragraph (I) of this rule.

(B) The director or designee shall issue and maintain a list containing the specific name of each approved program at each institution. Programs may be added or deleted according to a procedure approved by the director. No inmate shall be awarded earned credit for participating in any program not specifically named on the director's list. The director's approved list shall be verified annually for each institution through the department's audit process.

(C) The following types of programs may be approved for earned credit by the director as academic or vocational educational programs:

(1) Adult basic literacy education (A.B.L.E.);

(2) Pre-GED;

(3) GED and high school;

(4) College programs;

(5) Vocational and apprenticeship programs;

(6) Work extension program job assignments, where after successful completion, during the current incarceration, of an approved related institutional training program, the inmate applies the learned skills in the performance of his duties in his current institutional job assignment.

(D) Prison industries that may be approved for earned credit by the director are those operated through Ohio penal industries.

(E) The following types of programs may be approved for earned credit by the director as alcohol and drug treatment programs:

(1) Therapeutic communities;

(2) Residential alcohol and drug treatment programs;

(3) Alcohol and drug day treatment programs;

(4) Alcohol and drug treatment outpatient group counseling.

(5) Continuing care programs.

(F) The following types of programs may be approved for earned credit by the director as sex offender or mental health programs:

(1) Residential sex offender programs;

(2) Residential mental health programs;

(3) Sex offender day treatment programs;

(4) Mental health day treatment programs.

(G) Inmates earning credit pursuant to House Bill 261 of the 117th General Assembly, may earn two days of credit for participating in an approved academic or vocational or prison industries program as defined in paragraphs (C) and (D) of this rule in addition to two days credit for participating in programs listed in paragraph (E) or (F) of this rule. However, no inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participation in more than one academic or vocational education program or prison industry during a particular month. No inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participating in more than one residential or outpatient alcohol, drug, sex offender, or therapeutic community, or mental health treatment program during a particular month. Once an inmate earning credit pursuant to House Bill 261 of the 117th General Assembly has earned and has been properly credited with days of credit pursuant to this rule, the credit earned shall not be forfeited for any reason. Such inmates, therefore, are exempt from paragraph (Q) of this rule, which describes conditions for possible withdrawal of previously earned credit for those inmates earning credit under Senate Bill 2 of the 121st General Assembly or House Bill 86 of the 129th General Assembly.

(H) Except as otherwise provided in paragraph (V) of this rule, inmates earning credit pursuant to this rule sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 may earn only one day of credit per month regardless of program participation, and such credit may be forfeited pursuant to paragraph (Q) of this rule.

(I) Except as otherwise provided in paragraphs (J) and (V) of this rule, inmates earning credit pursuant to this rule sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 may earn one day or five days of credit per month as prescribed in paragraph (I)(1), (2), (3), or (4) of this rule. Such credit may be forfeited pursuant to paragraph (Q) of this rule.

(1) An inmate may earn one day of credit if the most serious offense for which the offender is incarcerated is a first or second degree felony that is any of the following:

(a) Involuntary manslaughter (division (A) of section 2903.04 of the Revised Code);

(b) Voluntary manslaughter (section 2903.03 of the Revised Code);

(c) Felonious assault (section 2903.11 of the Revised Code);

(d) Permitting child abuse (section 2903.15 of the Revised Code);

(e) Kidnapping (section 2905.01 of the Revised Code);

(f) Soliciting (section 2907.24 of the Revised Code);

(g) Prostitution (section 2907.25 of the Revised Code);

(h) Aggravated arson (section 2909.02 of the Revised Code);

(i) Vehicular vandalism (section 2909.09 of the Revised Code);

(j) Railroad vandalism (section 2909.10 of the Revised Code);

(k) Railroad grade crossing device vandalism (section 2909.101 of the Revised Code);

(l) Criminal possession of a biological, chemical, or radiological weapon (section 2909.26 of the Revised Code);

(m) Criminal use of a chemical, biological, or explosive weapon (section 2909.27 of the Revised Code);

(n) Money laundering in support of terrorism (section 2909.29 of the Revised Code);

(o) Aggravated robbery (section 2911.01 of the Revised Code);

(p) Robbery (section 2911.02 of the Revised Code);

(q) Aggravated burglary (section 2911.11 of the Revised Code);

(r) Burglary (section 2911.12 of the Revised Code);

(s) Abortion manslaughter (section 2919.13 of the Revised Code);

(t) Partial birth feticide (section 2919.151 of the Revised Code);

(u) Endangering children (section 2919.22 of the Revised Code);

(v) Escape (section 2921.34 of the Revised Code);

(w) Conspiracy (section 2923.01 of the Revised Code);

(x) Possession of a deadly weapon while under detention (section 2923.131 of the Revised Code);

(y) Discharging a firearm on or near a prohibited premises (section 2923.162 of the Revised Code);

(z) Engaging in a pattern of corrupt activity (section 2923.32 of the Revised Code);

(aa) Tampering with drugs (section 2925.24 of the Revised Code);

(bb) Contaminating a substance for human consumption (section 2927.24 of the Revised Code);

(2) An inmate may earn one day of credit if the most serious offense for which the offender is incarcerated is conspiracy or attempt to commit, or complicity in committing, any offense listed in paragraphs (I)(1)(a) to (bb) of this rule or for which the maximum penalty is life imprisonment.

(3) An inmate may earn one day of credit if the offender is serving a stated prison term that includes a prison term imposed for any of the following offenses that are a felony, an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance:

(a) Illegal conveyance of a deadly weapon or dangerous ordnance (division (A)(1) of section 2921.36 of the Revised Code);

(b) Illegal possession of a firearm in a liquor permit premises (section 2923.121 of the Revised Code);

(c) Illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone (section 2923.122 of the Revised Code);

(d) Illegal conveyance of a deadly weapon or dangerous ordnance into, or possession in, a courthouse (section 2923.123 of the Revised Code);

(e) Having weapons while under disability (section 2923.13 of the Revised Code);

(f) Possession of a deadly weapon while under detention (section 2923.131 of the Revised Code);

(g) Improperly handling firearms in a motor vehicle (section 2923.16 of the Revised Code);

(h) Improperly discharging a firearm at, into, or near a habitation, school safety zone, or school premises (section 2923.161 of the Revised Code);

(i) Discharging a firearm at or near a prohibited premises (section 2923.162 of the Revised Code);

(j) Unlawful possession of a dangerous ordnance or illegally manufacturing or processing explosives (section 2923.17 of the Revised Code);

(k) Unlawful transaction in weapons (section 2923.20 of the Revised Code);

(l) Defacing identification marks on a firearm or possessing a defaced firearm (section 2923.201 of the Revised Code);

(m) Improperly furnishing firearms to a minor (section 2923.21 of the Revised Code).

(4) An inmate may earn five days of credit if the most serious offense for which the offender is incarcerated is not identified in paragraph (I)(1), (I)(2), or (I)(3) of this rule and is not a sexually oriented offense.

(J) An inmate sentenced under House Bill 86 of the 129th General Assembly for a sexually oriented offense, as defined in section 2950.01 of the Revised Code, committed on or after September 30, 2011 shall not be eligible for earned credit.

(K) Inmates earning credit pursuant to this rule sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 may earn a one-time credit equal to five days for completing two programs of a type described in paragraphs (C), (D), (E), (F)(2), and (F)(4) of this rule.

(L) An inmate earning credit towards a minimum or definite sentence pursuant to House Bill 261 of the 117th General Assembly and also earning credit towards a stated prison term pursuant to Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011, House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011, or both shall have the minimum or definite sentence and the stated prison term independently reduced by the appropriate days of earned credit applicable to that particular sentence or prison term. An inmate earning credit towards a stated prison term imposed pursuant to Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 and also earning credit towards a stated prison term imposed pursuant to House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 shall have the stated prison terms independently reduced by the appropriate days of earned credit applicable to that particular prison term.

(M) In order to earn credit under this rule for a particular month, an inmate must enter the program on or before the first day of the month and continue participating in the program through the last day of the month. An inmate participating and remaining in good standing in an academic or vocational education program, which has a quarter or semester end during a month, shall be deemed to be participating in the program through the end of the month. An inmate who successfully completes a formal program resulting in the issuance of a certificate of completion during a month shall be deemed to have continued participating in the program through the end of that month.

(N) Regardless of the reason for absence, an inmate must attend seventy-five per cent of the scheduled program/job sessions for any month in order to receive earned credit for that month.

(O) No inmate will receive earned credit for program participation during any month in which he has had an unexcused absence from the program. Unexcused absence includes but is not limited to an absence caused by confinement in security control or disciplinary control as a result of a violation of institution rules.

(P) No inmate shall earn credit during any month in which he exhibits behavior considered to be a hindrance to the productive participation of himself or others, such as excessive noise, disruption, sleeping on assignment or tardiness. Such behavior shall be documented by a conduct report and substantiated through a guilty finding of the hearing officer or rules infraction board.

(Q) Any inmate sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011 and any inmate sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 having plead or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as described in rule 5120-9-06 of the Administrative Code or a program related violation, including the program related violations described in paragraphs (O) and (P) of this rule, may have previously earned credit days forfeited. The rules infraction board, in addition to assessing any other appropriate disciplinary measures, may recommend the withdrawing of earned credit awarded from previous months. An inmate may not have more than fifty per cent of previously earned credit days withdrawn in any calendar month unless the rule violation for which credit is being withdrawn involved a serious act of violence. The department shall identify in its written policies the specific rule violations that constitute serious acts of violence for which more than fifty per cent of previously earned credit days may be withdrawn in any calendar month. If the fifty per cent calculation results in a one-half or half day remainder, the half day shall be rounded up to a full day. A recommendation by the rules infraction board to withdraw credit shall be reviewed by the warden for approval/disapproval/modification.

(R) As soon as practicable after the last day of each month, the deputy warden or designee at each institution shall report to the record office supervisor the name of each inmate in the institution who has earned credit pursuant to this rule. Each month the record office supervisor shall credit the inmate appropriately with the credit earned for that month.

(S) No inmate serving a prison term of one, three, five or six years for use of a firearm imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for an offense committed prior to July 1, 1996, or pursuant to division ( B)(1) of section 2929.14 of the Revised Code, effective July 1, 1996, for an offense committed on or after July 1, 1996, including prison terms imposed after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, shall earn or be awarded any days of credit pursuant to this rule for any program participation which occurs while serving any such period of actual incarceration. An inmate against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term in its entirety if he would otherwise be eligible for earned credit.

(T) An inmate who is granted a period of electronically monitored early release is not entitled, during that specified period of confinement, to earn any days of credit pursuant to this rule as a deduction from the inmate's prison term, regardless whether such prison term is for an offense committed before or after July 1, 1996.

(U) No inmate may earn days of credit pursuant to this rule if the inmate is serving a sentence of imprisonment for an offense, committed before July 1, 1996, of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code in effect prior to July 1, 1996.

(V) The following prison terms, for crimes committed on or after July 1, 1996 or otherwise imposed pursuant to Senate Bill 2 of the 121st General Assembly, including prison terms imposed on or after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, shall not be reduced by any days of earned credit:

(1) A prison term for a felony for which an indefinite term of imprisonment is imposed;

(2) A mandatory prison term imposed pursuant to division (F) of section 2929.13 of the Revised Code, effective July 1, 1996, for:

(a) Aggravated murder or murder;

(b) Rape, felonious sexual penetration, or an attempt to commit rape or felonious sexual penetration by force when the victim is under thirteen years of age;

(c) Any felony violation of section 2903.06 (vehicular homicide and aggravated vehicular homicide) of the Revised Code;

(d) Any first, second or third degree felony drug offense for which the imposition of a mandatory prison term is required;

(e) Any other first or second degree felony if the offender previously was convicted of or pled guilty to aggravated murder, murder or any first or second degree felony;

(f) Any felony, other than a violation of section 2923.12 (carrying a concealed weapon) of the Revised Code, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony; or

(g) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;

(3) A mandatory prison term imposed pursuant to division ( B)(2)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for being a repeat violent offender. If the court also imposes an optional, additional term pursuant to division ( B)(2)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory prison term, may earn credit while serving the additional, optional prison term;

(4) A mandatory ten year prison term imposed pursuant to division ( B)(3)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for a drug offense or for otherwise being a major drug offender, for corrupt activity with the most serious offense in the pattern of corrupt activity being a first degree felony, or for attempted rape or felonious sexual penetration by force with the victim being under thirteen years of age. If the court also imposes an optional, additional term pursuant to division ( B)(3)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory ten year prison term, may earn credit while serving the additional, optional prison term;

(5) A prison term imposed for a violation of post release control.

(6) A prison term imposed as part of a risk reduction sentence under section 2929.143 of the Revised Code.

(W) If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, the cumulative total of any days of credit awarded under this rule and rule 5120-2-07 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for such inmate one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

The aggregate days of credit earned by an inmate sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 shall not exceed eight per cent of the total number of days in the inmate's stated prison term.

(X) Days of credit earned pursuant to this rule shall be used for no purpose other than to reduce the inmate's definite or minimum sentence or his stated prison term. If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, once the inmate has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rule 5120-2-07 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of year's before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary for such sentence.

(Y) Each year, beginning in 2012, on or before the thirtieth day of September, the department of rehabilitation and correction shall seek written comments from the Ohio prosecuting attorneys association, the Ohio judicial conference, the Ohio public defender, the Ohio association of criminal defense lawyers, the Ohio criminal sentencing commission, and the Ohio common pleas judges association regarding the department's administration of the earned credit program as described in this rule. The department shall consider the comments it receives in evaluating the program and in adopting or modifying the policies and procedures the department uses to administer the program.

Effective: 01/08/2015
Five Year Review (FYR) Dates: 04/30/2013 and 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 2967.193
Rule Amplifies: 2967.193
Prior Effective Dates: 11/30/87 (Emer.), 2/29/88, 3/13/98, 8/27/00, 4/17/03, 7/15/11, 12/1/2011

5120-2-07 [Effective until 1/8/2015] Days of credit for maintaining minimum security.

(A) Except as provided by paragraphs (F), (G), (H), (I) and (J) of this rule, any offender who maintains minimum security status as defined by paragraphs (A), (B), and (C) of this rule is entitled to have three days of credit deducted from his minimum or definite sentence for each full month he remains at such status.

(B) Except as provided in paragraph (C) of this rule, "an offender on minimum security status" shall be defined as an offender designated as minimum security pursuant to this department's "Inmate Security Designation and Supervision Classification Manual" or as an offender who has been released on furlough for employment or education pursuant to section 2967.26 of the Revised Code.

(C) Notwithstanding paragraph (B) of this rule:

(1) No offender confined in security control or disciplinary control as a result of a violation of institution rules or in local control or administrative control shall be construed to be on minimum security status during the time spent in such control status.

(2) No furloughee confined in any jail as a result of an alleged violation of any furlough rule shall be construed to be on minimum security status for the time spent confined in such jail.

(3) No offender who is declared to be absent without leave from the institution and no furloughee who is declared a furlough violator at large shall be construed to be on minimum security.

(D) As soon as practicable after the last day of each month, the status of each offender on minimum security status as of the end of the last day of the month just ended will be examined. If the offender is found to have been on minimum security status at the beginning of the first day of the month and remained so during the entire month, three days shall be awarded to the offender and be deducted from his minimum or definite sentence.

(E) Once an offender has earned and been properly credited with days of credit pursuant to this rule, the days of credit shall not be forfeited for any reason.

(F) No offender serving a three-year term of actual incarceration for using a firearm in the commission of an offense, imposed pursuant to section 2929.71 of the Revised Code, shall earn or be awarded any days of credit pursuant to this rule for any time classified as minimum security while serving any such period of actual incarceration. An offender against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term of actual incarceration in its entirety.

(G) No offender may earn days of credit pursuant to this rule if he is serving a sentence of imprisonment of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life with parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974 for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code.

(H) The cumulative total of any days of credit awarded under this rule, rules 5120-2-06 and 5120-2-08 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(I) Days of credit earned pursuant to this rule shall be used for no purpose other than to reduce the offender's definite or minimum sentence. Once an offender has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rules 5120-2-06 and 5120-2-08 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of years before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary.

R.C. 119.032 review dates: 01/10/2008 and 01/10/2013

Promulgated Under: 111.15

Statutory Authority: 5120.01

Rule Amplifies: 2967.26

Prior Effective Dates: 11/30/87 (Emer.), 3/13/98

5120-2-07 [Effective 1/8/2015] Days of credit for maintaining minimum security.

(A) Except as provided by paragraphs (F), (G), (H), (I) and (J) of this rule, any offender who maintains minimum security status as defined by paragraphs (A), (B), and (C) of this rule is entitled to have three days of credit deducted from his minimum or definite sentence for each full month he remains at such status.

(B) Except as provided in paragraph (C) of this rule, "an offender on minimum security status" shall be defined as an offender designated as minimum security pursuant to this department's "Inmate Security Designation and Supervision Classification Manual" or as an offender who has been released on furlough for employment or education pursuant to section 2967.26 of the Revised Code.

(C) Notwithstanding paragraph (B) of this rule:

(1) No offender confined in security control or disciplinary control as a result of a violation of institution rules or in local control or administrative control shall be construed to be on minimum security status during the time spent in such control status.

(2) No furloughee confined in any jail as a result of an alleged violation of any furlough rule shall be construed to be on minimum security status for the time spent confined in such jail.

(3) No offender who is declared to be absent without leave from the institution and no furloughee who is declared a furlough violator at large shall be construed to be on minimum security.

(D) As soon as practicable after the last day of each month, the status of each offender on minimum security status as of the end of the last day of the month just ended will be examined. If the offender is found to have been on minimum security status at the beginning of the first day of the month and remained so during the entire month, three days shall be awarded to the offender and be deducted from his minimum or definite sentence.

(E) Once an offender has earned and been properly credited with days of credit pursuant to this rule, the days of credit shall not be forfeited for any reason.

(F) No offender serving a three-year term of actual incarceration for using a firearm in the commission of an offense, imposed pursuant to section 2929.71 of the Revised Code, shall earn or be awarded any days of credit pursuant to this rule for any time classified as minimum security while serving any such period of actual incarceration. An offender against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term of actual incarceration in its entirety.

(G) No offender may earn days of credit pursuant to this rule if he is serving a sentence of imprisonment of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life with parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974 for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code.

(H) The cumulative total of any days of credit awarded under this rule and rule 5120-2-06 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 of the Revised Code, as it existed prior to July 1, 1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(I) Days of credit earned pursuant to this rule shall be used for no purpose other than to reduce the offender's definite or minimum sentence. Once an offender has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rule 5120-2-06 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of years before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary.

(J) This rule does not apply to any offense committed on or after July 1, 1996.

Effective: 01/08/2015
Five Year Review (FYR) Dates: 04/30/2013 and 01/08/2020
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 11/30/87 (Emer.), 2/29/88, 3/13/98

5120-2-10 Life sentences.

(A) As a result of a number of amendments to the Revised Code over a period of years, the provisions for diminution of sentence and eligibility for parole, shock parole, employment/education furlough and home furlough are affected by the language in the sentencing documents (journal entries) concerning the crime and the sentence imposed as well as the date on which the crime was committed. The purpose of this rule is to explain diminution of sentence and eligibility for release for persons serving life sentences as established by the Revised Code. This rule does not expand release eligibility established by any other rule of the Administrative Code.

(B) A sentence of life imprisonment imposed pursuant to section 2929.03 of the Revised Code for the offense of aggravated murder shall be presumed to be a sentence of life imprisonment with parole eligibility after twenty years, subject to diminution under rules 5120-2-05 , 5120-2-06 and 5120-2-07 of the Administrative Code, unless the journal entry of the court specifies that parole eligibility is to be after twenty full years or thirty full years.

(C) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving thirty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving thirty full years:

(a) The thirty full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The thirty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The thirty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is not eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or to attend the funeral of a relative.

(D) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving twenty full years:

(a) The twenty full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The twenty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is not eligible for release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or attending the funeral of a relative.

(E) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment for the offense of aggravated murder, committed on or after October 19, 1981, without one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving twenty years:

(a) The twenty years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The twenty years are diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty years may be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is not eligible for release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or attending the funeral of a relative.

(F) A prisoner serving a sentence of imprisonment for life for an offense of first degree murder or aggravated murder committed prior to October 19, 1981.

(1) Becomes eligible for parole consideration after serving fifteen full years:

(a) The fifteen years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The fifteen years are not diminished by the time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(G) A prisoner serving an indefinite term of imprisonment of fifteen years to life for the offense of murder.

(1) Becomes eligible for parole consideration after serving the fifteen-year minimum sentence:

(a) The fifteen years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The fifteen years are diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen years may be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(H) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code for the crime of rape committed against a victim under the age of thirteen or imposed pursuant to division (B) of section 2907.12 of the Revised Code for the crime of felonious sexual penetration committed by force or threat of force against a victim under the age of thirteen, where the offense was committed prior to July 1, 1996.

(1) Becomes eligible for parole consideration after serving ten full years:

(a) The ten full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The ten full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole if the offense was committed on or after July 1, 1983 or if serving a term of actual incarceration imposed pursuant to section 2907.10 of the Revised Code for an offense committed before July 1, 1983.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code if the offense was committed on or after October 19, 1981.

(4) Is not eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or to attend the funeral of a relative if the offense was committed on or after October 19, 1981.

(I) A prisoner serving a sentence of imprisonment for life for an offense other than first degree murder or aggravated murder committed prior to October 19, 1981.

(1) Becomes eligible for parole consideration after serving ten full years:

(a) The ten full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(J) A prisoner serving a sentence of imprisonment for life consecutive to any other term or terms of imprisonment becomes eligible for parole consideration as follows:

(1) Where the life sentence is imposed for aggravated murder, with one of the specifications enumerated in section 2929.04 of the Revised Code, committed on or after October 19, 1981, the prisoner shall be eligible for parole after serving the sum, without diminution, of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus the twenty or thirty full years, without diminution, as designated by the court for parole eligibility, plus the time required for parole eligibility for any other crimes. There shall be no limit to the length of such aggregated sentence.

(2) Where the life sentence is imposed for aggravated murder without one or more specifications enumerated in section 2929.04 of the Revised Code, committed on or after October 19, 1981, the prisoner shall be eligible for parole after serving the sum, without diminution, of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus the sum of twenty years for each such consecutive life sentence and the sum of all other consecutive minimum sentences, each diminished, as provided in rules 5120-2-05 , 5120-2-06 and 5120-2-07 of the Administrative Code. There shall be no limit to the length of such aggregated minimum term.

(3) Where the life sentence is imposed for first degree murder or aggravated murder committed prior to October 19, 1981, and does not include a life sentence imposed for aggravated murder committed on or after October 19, 1981, the prisoner shall be eligible for parole after serving the sum, without diminution, of any terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus fifteen full years, without diminution, plus the required time for parole eligibility for any other crimes. However, this aggregate shall not exceed the sum of all terms of actual incarceration time plus twenty full years.

(K) A prisoner serving a sentence of imprisonment for an offense of aggravated murder committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty full years, twenty-five full years, or thirty full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty full years, twenty-five full years, or thirty full years and is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(L) A prisoner serving a sentence of imprisonment for life without parole committed on or after July 1, 1996, is not eligible for parole consideration, judicial release or transitional control.

(M) A prisoner serving a sentence of imprisonment of life for an offense of murder committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(N) ) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(a) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(O) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (A)(3)(d)(i) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen with a sexually violent predator specification under section 2941.148 of the Revised Code committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty-five full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty-five full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty-five full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(P) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(c) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen and the offender purposefully compelled the victim to submit by force or threat of force, or the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or the the offender during or immediately after the commission of the offense caused serious physical harm to the victim, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty-five full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty-five full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty-five full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(Q) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(b) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of ten, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(R) A prisoner serving a prison term for attempted rape with a sexually violent predator specification under section 2941.148 of the Revised Code and imposed pursuant to division (A)(3)(a) or (A)(3)(e)(i) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(S) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (a)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(T) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code and a sexually violent predator specification under section 2941.148 of the Revised Code, imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (a)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(U) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1420 of the Revised Code, imposed pursuant to division (B)(2)(c) or (A)(3)(e)(iv) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(V) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1420 of the Revised Code and a sexually violent predator specification under section 2941.148 of the Revised Code, imposed pursuant to division (B)(2)(C) or (A)(3)(e)(iv) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(W) A prisoner serving a sentence of imprisonment for life for sexual battery with a sexually violent predator specification under section 2941.148 of the Revised Code imposed pursuant to division (A)(3)(a) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(X) A prisoner serving a sentence of imprisonment for life for gross sexual imposition on a child under the age of thirteen with a sexually violent predator specification under section 2941.148 of the Revised Code imposed pursuant to division (A)(3)(a) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

Effective: 05/12/2013
R.C. 119.032 review dates: 01/10/2013 and 05/12/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.03 , 2929.04 , 2907.02 , 2907.12 , 2907.10 , 2929.71
Prior Effective Dates: 11/30/87 (Emer.), 2/26/88 (Emer.), 5/01/88, 4/10/2003

5120-2-12 Calculation of time off for good behavior for prisoners committed to the department of rehabilitation and correction on or before October 31, 1987.

(A) Except as provided in paragraph (B) of rule 5120-2-05 of the Administrative Code, the provisions of rule 5120-2-05 of the Administrative Code shall apply to all persons who are confined in a state correctional institution on or after November 1, 1987, regardless of the date on which the person committed the offense for which he is confined. If, however, the person began serving a term of imprisonment in a state correctional facility before November 1, 1987, the provisions of rule 5120-2-05 of the Administrative Code apply only to the portion of the term served on and after November 1, 1987.

(B) For each inmate confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 shall be diminished for time off for good behavior pursuant to the rules in effect at that time.

(C) This rule shall not operate to extend the eligibility for parole of any inmate already committed to the custody of the department of rehabilitation and correction as of the effective date of this rule.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: none listed
Prior Effective Dates: 2/29/88

5120-2-14 Risk reduction sentence.

(A) As used in this rule, "nonmandatory prison term" means any prison term that is not identified as a mandatory prison term in the sentencing court's sentence.

(B) For each offender upon whom the sentencing court has imposed a risk reduction sentence under section 2929.143 of the Revised Code, the department shall, during the inmate's admission, calculate and record in the inmate's record both of the following:

(1) The date upon which the inmate will have served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the remaining aggregated nonmandatory prison terms, reduced by any jail time credit to which the inmate is entitled under section 2967.191 of the Revised Code.

(2) The date on which the inmate would reach the expiration of the inmate's stated prison term, reduced by any jail time credit to which the inmate is entitled under section 2967.191 of the Revised Code, but not reduced for any risk reduction programming or treatment that the inmate may successfully complete during the inmate's incarceration. This date represents the inmate's expected release date if the inmate does not successfully complete the programming or treatment that comprise the risk reduction portion of the inmate's sentence.

(C) After admitting an offender who has been sentenced to a risk reduction sentence, the department shall conduct an assessment of the inmate's needs and risk of reoffending. After completing that assessment, the department shall prescribe such programming or treatment for the inmate as the department considers appropriate.

(D) An inmate who has been sentenced to a risk reduction sentence may be released from imprisonment if the inmate successfully completes all of the programming and treatment prescribed for the inmate by the department, has fully served each mandatory prison term to which the offender has been sentenced, and has served at least eighty per cent of the aggregated nonmandatory prison terms to which the offender has been sentenced. The department shall notify the sentencing court in writing of an inmate's impending release pursuant to this division at least thirty days prior to the date on which the inmate is released from the correctional institution. An offender released under this division prior to the date specified for the offender under paragraph (B)(2) of this rule shall be subject to supervision by the department as provided in rule 5120:1-1-41 of the Administrative Code.

(E) An inmate who has been sentenced to a risk reduction sentence is not eligible for earned credit under section 2967.193 of the Revised Code and rule 5120-2-06 of the Administrative Code. If an inmate commences, but does not successfully complete, the programming and treatment prescribed for the inmate under paragraph (C) of this rule, the inmate shall not receive any earned credit for the inmate's participation in the programming or treatment.

Effective: 12/01/2011
R.C. 119.032 review dates: 01/12/2016
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.143 , 5120.036

5120-2-15 Request for eighty per cent court release.

(A) As used in this rule :

(1) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.

(2) "Stated prison term" has the same meaning as in section 2929.01 of the Revised Code.

(3) "Victim's immediate family" has the same meaning as in section 2967.12 of the Revised Code.

(B) Inmates who satisfy the minimum eligibility criteria specified in paragraphs (C) and (H) of this rule are eligible to be considered by the department of rehabilitation and correction to be the subject of a request for court release consideration pursuant to section 2967.19 of the Revised Code.

(C) Subject to paragraphs (C)(1) to (C)(3) and (H) of this rule, an inmate who has served eighty per cent of the inmate's stated prison term is eligible to be selected to be the subject of a request for court release consideration pursuant to section 2967.19 of the Revised Code.

(1) If the inmate is serving a stated prison term of less than one year, the inmate is not eligible.

(2) If the inmate is serving a stated prison term that includes a prison term imposed for any of the following offenses, the inmate is not eligible at any point during the inmate's incarceration:

(a) Aggravated murder;

(b) Murder;

(c) Voluntary manslaughter;

(d) Involuntary manslaughter;

(e) Felonious assault;

(f) Kidnapping;

(g) Rape;

(h) Aggravated arson;

(i) Aggravated burglary;

(j) Aggravated robbery;

(k) Complicity in, an attempt to commit, or conspiracy to commit any offense listed in paragraphs (C)(2)(a) to (C)(2)(j) of this rule;

(l) Any offense for which the inmate received a prison term of life imprisonment, including any term of life imprisonment that has parole eligibility;

(m) Any of the following offenses if the inmate's commission of the offense was a felony:

(i) Illegal conveyance of a deadly weapon or dangerous ordnance;

(ii) Illegal possession of firearm in liquor permit premises;

(iii) Illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone;

(iv) Illegal conveyance of a deadly weapon or dangerous ordnance into, or possession in, a courthouse;

(v) Having weapons while under disability;

(vi) Possession of a deadly weapon while under detention;

(vii) Improperly handling firearms in a motor vehicle;

(viii) Improperly discharging a firearm at, into, or near a habitation, school safety zone, or school premises;

(ix) Discharging a firearm at or near prohibited premises;

(x) Unlawful possession of a dangerous ordnance or illegally manufacturing or processing explosives;

(xi) Unlawful transaction in weapons;

(xii) Defacing identification marks of a firearm or possessing a defaced firearm;

(xiii) Improperly furnishing firearms to a minor.

(n) Any violation of section 2925.03 of the Revised Code that is a felony of the first or second degree;

(o) Engaging in a pattern of corrupt activity;

(p) Any offense sentenced under section 2971.03 of the Revised Code;

(q) Any sexually oriented offense as defined in section 2950.01 of the Revised Code.

(3) In addition to the disqualifying offenses in (C)(2) of this rule, an inmate shall not be eligible to be the subject of a request to the court for early release consideration while the inmate is serving a prison term imposed for the following offenses and specifications:

(a) A gun specification;

(b) A repeat violent offender specification;

(c) A human trafficking specification;

(d) The underlying felony to which any of the specifications described in paragraphs (C)(3)(a)(i) to (C)(3)(a)(iii) of this rule attaches;

(e) Trafficking in persons;

(f) An offense that qualifies the inmate as a repeat violent offender as defined in section 2929.01 of the Revised Code.

(4) Prison terms for the offenses and specifications identified in paragraph (C)(3) of this rule shall be deemed to be served prior to any other prison terms when an inmate has been ordered by the sentencing court to serve the offenses and/or specifications consecutively to any other prison terms.

(5) If an inmate fully serves the prison terms imposed for offenses and/or specifications described in paragraph (C)(3) of this rule and if the inmate has additional time to be served on a stated prison term, the inmate may be eligible to be selected to be the subject of a request to the court for early release when:

(a) The inmate has served at least eighty per cent of the additional time that remains to be served; and,

(b) The inmate meets the requirements of paragraphs (C)(1) and (C)(2) of this rule.

(D) There shall exist in each correctional institution, including those institutions that are privately owned or privately operated, a permanent three-member panel consisting of one member appointed by the deputy director of parole and community services and two members appointed by the institution's managing officer. The purpose of the panel is to review requests from the institution's inmates that the department consider requesting an early release from an inmate's sentencing court pursuant to section 2967.19 of the Revised Code and this rule. The panel shall review the requests to determine whether an inmate is eligible under the criteria specified in paragraphs (C) and (H) of this rule. From that class of inmate, the panel shall identify those inmates whom the panel believes should be the subject of a request for court release by virtue of their exemplary conduct and achievement while incarcerated.

(E) Panel members appointed by a managing officer may be currently employed day-to-day in any of the following areas of the institution's operations, provided that no two members of the panel shall be currently employed in the same area:

(1) Unit management;

(2) Programming;

(3) Religious services;

(4) Custody;

(5) Medical;

(6) Mental health;

(7) Recovery services;

(8) Education;

(9) Other prison administrative staff.

(F) The deputy director may designate the same individual to simultaneously serve on multiple panels in different institutions. The deputy director may replace the deputy director's appointees to the panels as the deputy director considers appropriate or necessary. An institution's managing officer may replace individual members on the institution's panel who are appointed by the managing officer as the managing officer considers appropriate or necessary.

(G) Inmates identified by the panel as appropriate candidates for early release pursuant to paragraph (D) of this rule shall be interviewed by one or more members of the panel and provided an explanation of the release request process, including a description of the period of court supervision to which the inmate would be subject if granted release by the court. An institutional summary report shall be prepared for inmates who, after the interview, wish to have their names submitted to their respective sentencing courts for early release consideration.

(H) The institution panel shall consider an inmate to be the subject of a notice to the sentencing court requesting early release consideration at the time the recommendation is made, the following conditions are considered:

(1) During the inmate's incarceration:

(a) The inmate completed one or more academic, vocational education programs, or alcohol or drug treatment programs; or involvement in meaningful activity; or

(b) The inmate received one or more work assignments and the inmate consistently performed each work assignment to the satisfaction of the department staff responsible for supervising the inmate's work;

(c) The inmate transferred to and actively participated in core curriculum programming at a reintegration center prison;

(2) A complete review of the disciplinary history

(3) The inmate shall not be presently incarcerated for a new felony committed by the offender while the offender was on parole or post-release control;

(4) The inmate shall not be presently serving an indefinite sentence;

(5) The inmate shall not be subject to a detainer for any sentence of imprisonment imposed but not fully served, for any post-release control, parole, or community control violation, or be subject to a wanted detainer or a notify detainer for any untried felony charge or for any United States immigration action; and

(6) Only security level 1 and 2 offenders

(I) An inmate's eligibility to be the subject of a notice to the sentencing court requesting early release consideration does not create any right in the inmate to be identified by the institution panel as the subject of a court request for early release consideration. If the panel declines to recommend an inmate to be the subject of a request for early release consideration by the court, that decision is final and does not create in the inmate a right to any administrative appeal of that decision.

(J) If a notice to the sentencing court requesting early release consideration is sent to the court on behalf of an inmate pursuant to this rule, that notice shall be sent not earlier than ninety days prior to the date on which the inmate has served eighty per cent of that portion of the stated prison term that the inmate must serve to become eligible for release. The department shall include with the notice sent to the court information about the offender, including, but not limited to, an institutional summary report that details the offender's conduct and rehabilitative activities while incarcerated. The written notice also shall include the name and contact information of a department employee who is available to answer any questions about the inmate. The department shall provide copies of all information provided to the court to the prosecuting attorney of the county in which the inmate was convicted. The department shall provide a copy of the institutional summary report to any law enforcement agency that requests it.

(K) Subject to paragraph (K)(1) of this rule, the department shall give notice of the department's submission of a request for early release consideration to any victim of the inmate or the victim's representative who is registered with the office of victim services.

(1) If the offense to which the early release consideration request pertains was an offense of violence of the first, second, or third degree, the notice required under this paragraph shall be provided regardless of whether the victim has requested notification unless the victim has requested that the notification not be provided. If the notice pertains to an offense committed before March 22, 2013 and if the department has not previously successfully provided notice to the victim with respect to that offense and the inmate who committed it, the notice also shall inform the victim that the victim may request that the victim not receive any further notices with respect to that offense or the inmate who committed it and shall describe the procedure for making that request.

(2) In the case of an early release consideration request that pertains to an offense of violence of the first, second, or third degree, the department also shall provide notice of the request to the law enforcement agency that arrested the inmate if any officer of that agency was a victim of the offense and any member of the victim's immediate family when the family member has requested notification.

(3) Notices provided under paragraph (K) of this rule may be provided by ordinary mail, telephone, or electronic means.

(L) If the court grants a hearing for release of an inmate who is the subject of a written notice requesting early release consideration, the department shall deliver the inmate to the custody of the sheriff if the inmate is ordered to be conveyed to the court. If the court orders or permits the inmate to appear at the hearing by videoconference, the department shall make the inmate available by videoconference at such time as the court orders. Regardless of whether the hearing is to be conducted in court or by videoconference, the department shall advise the inmate of the inmate's right to have present at the hearing an attorney retained by the inmate to present information on the inmate's behalf. As part of that advisement, the department shall inform the inmate that the department will not be responsible for procuring an attorney to represent the inmate at the hearing or to otherwise provide any legal representation on behalf of the inmate before the hearing, during the hearing, or at any time thereafter.

Effective: 07/15/2013
R.C. 119.032 review dates: 03/11/2013 and 07/15/2018
Promulgated Under: 119.03
Statutory Authority: 2967.19
Rule Amplifies: 2967.19
Prior Effective Dates: 11/29/2012