5120:1-1-07 Procedure for release on parole and shock parole; factors that shall be considered in a release hearing.

(A) An inmate may be released on or about the date of his eligibility for release, unless the parole board, acting pursuant to rule 5120:1-1-10 of the Administrative Code, determines that he should not be released on such date for one or more of the following reasons:

(1) There is substantial reason to believe that the inmate will engage in further criminal conduct, or that the inmate will not conform to such conditions of release as may be established under rule 5120:1-1-12 of the Administrative Code;

(2) There is substantial reason to believe that due to the serious nature of the crime, the release of the inmate into society would create undue risk to public safety, or that due to the serious nature of the crime, the release of the inmate would not further the interest of justice nor be consistent with the welfare and security of society;

(3) There is substantial reason to believe that due to serious infractions of rule 5120-9-06 of the Administrative Code, the release of the inmate would not act as a deterrent to the inmate or to other institutionalized inmates from violating institutional rules and regulations;

(4) There is need for additional information upon which to make a release decision.

(B) In considering the release of the inmate, the parole board shall consider the following:

(1) Any reports prepared by any institutional staff member relating to the inmate's personality, social history, and adjustment to institutional programs and assignments;

(2) Any official report of the inmate's prior criminal record, including a report or record of earlier probation or parole;

(3) Any presentence or postsentence report;

(4) Any recommendations regarding the inmate's release made at the time of sentencing or at any time thereafter by the sentencing judge, presiding judge, prosecuting attorney, or defense counsel and any information received from a victim or a victim's representative;

(5) Any reports of physical, mental or psychiatric examination of the inmate;

(6) Such other relevant written information concerning the inmate as may be reasonably available, except that no document related to the filing of a grievance under rule 5120-9-31 of the Administrative Code shall be considered;

(7) Written or oral statements by the inmate, other than grievances filed under rule 5120-9-31 of the Administrative Code.

(8) The equivalent sentence range under Senate Bill 2, (effective July 1, 1996,) for the same offense of conviction if applicable.

(9) The inmate's ability and readiness to assume obligations and undertake responsibilities, as well as the inmate's own goals and needs;

(10) The inmate's family status, including whether his relatives display an interest in him or whether he has other close and constructive association in the community;

(11) The type of residence, neighborhood, or community in which the inmate plans to live;

(12) The inmate's employment history and his occupational skills;

(13) The inmate's vocational, educational, and other training;

(14) The adequacy of the inmate's plan or prospects on release;

(15) The availability of community resources to assist the inmate;

(16) The physical and mental health of the inmate as they reflect upon the inmate's ability to perform his plan of release;

(17) The presence of outstanding detainers against the inmate;

(18) Any other factors which the board determines to be relevant, except for documents related to the filing of a grievance under rule 5120-9-31 of the Administrative Code.

(C) The consideration of any single factor, or any group of factors, shall not create a presumption of release on parole, or the presumption of continued incarceration. The parole decision need not expressly address any of the foregoing factors.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/07/2010 and 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5149.02
Rule Amplifies: 5120.01 , 5149.02 , 2967.13
Prior Effective Dates: 10/15/75, 7/18/97, 9/5/2003, 12/17/2006, 08/06/2007