(A) An individual who is subject to one
or more collateral sanctions for housing as a result of being convicted of or
pleading guilty to an offense and who has not already received a certificate of
qualification for housing under section 2961.25 of the Revised Code may file
for a certificate of qualification for housing by doing either of the
following:
(1) In the case of
an individual who resides outside of this state, filing a petition with the
court of common pleas of any county in which any conviction or plea of guilty
from which the individual seeks relief was entered.
(2) In the case of an
individual who resides outside of this state, filing a petition with the court
of common pleas of any county in which any conviction or plea of guilty from
which the individual seeks relief was entered.
(B) A petition under paragraph (A) of
this rule will be made on a copy of the form prescribed by the division of
parole and community services, and, except as provided in paragraph (E) of this
rule, will be accompanied by an application fee of fifty dollars.
(C) ) An individual may file a petition
under paragraph (A) of this rule at any time after the expiration of whichever
of the following is applicable:
(1) If the offense
that resulted in the collateral sanction for housing from which the individual
seeks relief is a felony, at any time after the expiration of one year from the
date of release of the individual from any period of incarceration in a state
or local correctional facility that was imposed for that offense or, if the
individual was not incarcerated for that offense, at any time after the
expiration of one year from the date of the individual's final release
from all other sanctions imposed for that offense;
(2) If the offense
that resulted in the collateral sanction for housing from which the individual
seeks relief is a misdemeanor, at any time after the expiration of six months
from the date of release of the individual from any period of incarceration in
a local correctional facility that was imposed for that offense and all periods
of supervision imposed after release from the period of incarceration or, if
the individual was not incarcerated for that offense, at any time after the
expiration of six months from the date of the final release of the individual
from all sanctions imposed for that offense including any period of
supervision.
(D) A court of common pleas that receives
a petition for a certificate of qualification for housing from an individual
will attempt to determine all other courts in this state in which the
individual was convicted of or pleaded guilty to an offense other than the
offense from which the individual is seeking relief. The court will notify all
other courts in this state that it determines under this paragraph were courts
in which the individual was convicted of or pleaded guilty to an offense other
than the offense from which the individual is seeking relief that the
individual has filed the petition and that the court may send comments
regarding the possible issuance of the certificate, and will notify the
county's prosecuting attorney that the individual has filed the petition.
A court of common pleas that receives a petition for a certificate of
qualification for housing may direct the clerk of court to process and record
all notices required in or under this section. Except as provided in paragraph
(E) of this rule, the court will pay thirty dollars of the application fee into
the state treasury and twenty dollars of the application fee into the county
general revenue fund.
(E) Upon receiving a petition for a
certificate of qualification for housing, a court of common pleas may waive all
or part of the fifty-dollar-filing fee for an applicant who is indigent. If an
application fee is partially waived, the first twenty dollars of the fee that
is collected will be paid into the county general revenue fund. Any partial fee
collected in excess of twenty dollars will be paid into the state treasury.
(F) Upon receiving a petition for a
certificate of qualification for housing, the court will review the
individual's petition, the individual's criminal history, except for
information contained in any record that has been sealed under section 2953.32
of the Revised Code, all filings submitted by the prosecutor or by the victim
in accordance with rules adopted by the division of parole and community
services, the applicant's military service record, if applicable, and
whether the applicant has an emotional, mental, or physical condition that is
traceable to the applicant's military service in the armed forces of the
United States and that was a contributing factor in the commission of the
offense or offenses, and all other relevant evidence. The court may order any
report, investigation, or disclosure by the individual that the court believes
is necessary for the court to reach a decision on whether to approve the
individual's petition for a certificate of qualification for housing,
except that the court will not require an individual to disclose information
about any record sealed under section 2953.32 of the Revised Code.
(G) Upon receiving a petition for a
certificate of qualification for housing, except as otherwise provided in this
paragraph, the court will decide whether to issue the certificate within sixty
days after the court receives the completed petition and all information
requested for the court to make that decision. Upon request of the individual
who filed the petition, the court may extend the sixty-day period specified in
this paragraph.
(H) Except as provided in paragraph (J)
of this rule and subject to paragraph (L) of this rule, a court that receives
an individual's petition for a certificate of qualification for housing
may issue a certificate of qualification for housing, at the court's
discretion, if the court finds that the individual has established all of the
following by a preponderance of the evidence:
(1) Granting the petition
will materially assist the individual in obtaining housing.
(2) The individual has a
substantial need for the relief requested in order to live a law-abiding life.
(3) ) Granting the
petition would not pose an unreasonable risk to the safety of the public or any
individual.
(I) The submission of an incomplete
petition by an individual will not be grounds for the court to deny the
petition.
(J) Subject to paragraph (K) of this
rule, an individual is rebuttably presumed to be eligible for a certificate of
qualification for housing if the court that receives the individual's
petition finds all of the following:
(1) The application was
filed after the expiration of the applicable waiting period prescribed in
paragraph (C) of this rule.
(2) If the offense that
resulted in the collateral sanction for housing from which the individual seeks
relief is a felony, at least three years have elapsed since the date of release
of the individual from any period of incarceration in a state or local
correctional facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at least three years have
elapsed since the date of the individual's final release from all other
sanctions imposed for that offense;
(3) If the offense that
resulted in the collateral sanction for housing from which the individual seeks
relief is a misdemeanor, at least one year has elapsed since the date of
release of the individual from any period of incarceration in a local
correctional facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at least one year has elapsed
since the date of the final release of the individual from all sanctions
imposed for that offense including any period of supervision.
(K) An application that meets all of the
requirements for the presumption under paragraph (J) of this rule shall be
denied only if the court that receives the petition finds that the evidence
reviewed under paragraph (F) of this rule rebuts the presumption of eligibility
for issuance by establishing, by a preponderance of the evidence, that the
applicant has not been rehabilitated.
(L) A
certificate of qualification for housing issued to an individual does not
create relief from requirements imposed by Chapter 2950. of the Revised Code
and rules adopted under sections 2950.13 and 2950.132 of the Revised
Code.
(M) If a court that receives an individual's petition
for a certificate of qualification for housing denies the petition, the court
will provide written notice to the individual of the court's denial. The
court may place conditions on the individual regarding the individual's
filing of any subsequent petition for a certificate of qualification for
housing. The written notice will notify the individual of any conditions placed
on the individual's filing of a subsequent petition for a certificate of
qualification for housing. If a court of common pleas that receives an
individual's petition for a certificate of qualification for housing
denies the petition, the individual may appeal the decision to the court of
appeals only if the individual alleges that the denial was an abuse of
discretion on the part of the court of common pleas.
(N) A certificate of qualification for housing issued under
section 2953.26 of the Revised Code will be revoked by the court if the
individual to whom the certificate of qualification for housing was issued is
convicted of or pleads guilty to a felony or a misdemeanor offense of violence
committed after the issuance of the certificate of qualification for
housing.
