Chapter 5120-2 | Determination, Reduction of Sentence

Rule 5120-2-03 | Determination of minimum, maximum and definite sentences when multiple sentences are imposed.

• Effective: January 19, 2024
• Promulgated Under: 111.15

(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 is to 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 is to 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 is 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 is to be released after serving the longest diminished sentence.

(D) When multiple indefinite sentences are imposed to run concurrently, the prisoner is 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 is to 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 is to be served first and then the aggregate indefinite term and/or life sentence(s) imposed for the offenses is to 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 is to be served first, then the aggregate of the definite terms of imprisonment is to be served, and then the indefinite or life terms of imprisonment is to be served.

(F) Consecutive terms of imprisonment imposed are not to 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 is 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 is no limit to the aggregate of definite sentences imposed for felonies.

Last updated January 19, 2024 at 8:00 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.15
Five Year Review Date: 2/7/2025
Prior Effective Dates: 11/30/1987 (Emer.), 1/8/2015

Rule 5120-2-03.1 | Determination of stated prison terms and life sentences when multiple terms or sentences are imposed.

• Effective: January 19, 2024
• Promulgated Under: 111.15

(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 is to be served consecutively to any other prison term as provided by law.

(C) A prison term is to 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 is 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 is to 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 is 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 is to 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 is to 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 are served consecutively to each other and the aggregate term is to 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 is to 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 is to 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 is to 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 is to be served first. Then, consistent with division (C) of section 2929.14 of the Revised Code, the aggregate of all other mandatory definite prison terms is to be served, then the aggregate of the non-mandatory portion of the definite stated prison terms is to be served, then the mandatory non-life felony indefinite prison terms, then the non-life felony indefinite terms, and then the aggregate of the life terms of imprisonment is to be served.

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

Last updated January 19, 2024 at 8:00 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2929.14, 5120.15
Five Year Review Date: 1/15/2025
Prior Effective Dates: 5/4/2020

Rule 5120-2-03.2 | Determination of multiple sentences.

• Effective: January 19, 2024
• Promulgated Under: 111.15

(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.

(2) "Pre-Senate Bill 2 sentence" means prison terms imposed for offenses committed before July 1, 1996. "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.

(4) "Pre-Senate Bill 2 indefinite sentence" means indefinite sentences imposed for offenses committed before July 1, 1996.

(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.

(6) "Senate Bill 201 sentence" means a non-life felony indefinite prison term imposed for a first or second degree felony offense, that is not subject to life imprisonment and was committed on or after March 22, 2019.

(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 four, 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, a House Bill 86 sentence, or a Senate Bill 201 sentence, or any combination of those three, the pre-Senate Bill 2 sentence is subject to denial of good time and any Senate Bill 2, House Bill 86 and Senate Bill 201 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, House Bill 86 and Senate Bill 201 sentence has expired; that is, until the definite term of imprisonment with the latest expiration date has expired.

(E) When a Senate Bill 2, House Bill 86, or Senate Bill 201 sentence is imposed to run consecutively to a pre-Senate Bill 2 definite sentence, the pre-Senate Bill 2 definite sentence is to be served first, then the Senate Bill 2 sentence, then any House Bill 86 sentence, then any Senate Bill 201 sentence. When a Senate Bill 2 sentence, a House Bill 86 sentence and a Senate Bill 201 sentence are imposed to run consecutively, the Senate Bill 2 sentence is to be served first, then the House Bill 86 sentence, then the Senate Bill 201 sentence. When a Senate Bill 2 sentence, a House Bill 86 sentence, or a Senate Bill 201 sentence is imposed to run consecutively to a pre-Senate Bill 2 indefinite sentence, the Senate Bill 2 definite sentence is to be served first, then any House Bill 86 sentence, then any Senate Bill 201 sentence, and, lastly, the pre-Senate Bill 2 indefinite sentence is to 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 or Senate Bill 201 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 or Senate Bill 201 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, is to be served first, then sentences for which the offender may earn one day of credit per month, if any, and, lastly, sentences for which the offender may earn five days of credit per month, if any, are to be served.

Last updated January 19, 2024 at 8:01 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2967.193, 5120.15
Five Year Review Date: 1/15/2025
Prior Effective Dates: 12/1/2011

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

• Effective: January 19, 2024
• Promulgated Under: 111.15

(A) The department of rehabilitation and correction is to reduce the minimum and maximum sentence, where applicable, the definite sentence, the minimum and maximum of a non-life felony indefinite prison term, or the stated prison term of an offender by the total number of days specified by the sentencing court in the sentencing entry as required by division (B)(g)(i) of section 2929.19 of the Revised Code; by the number of days the offender was confined as a result of the offense, between the date of the sentencing entry and the date committed to the department, and by the number of days, if any, that the offender previously served in the custody of the department of rehabilitation and correction arising out of the offense for which the offender was convicted and sentenced as determined by section 2967.191 of the Revised Code.

(B) The sentencing court determines the amount of time the offender served locally 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 include this information within the sentencing entry as required by division (B)(f)(i) of section 2929.19 of the Revised Code.

(C) When the sheriff delivers the offender to the department of rehabilitation and correction's reception center, he is to present the managing officer with a copy of the documents set forth in section 2949.12 of the Revised Code, unless the department and the sheriff have agreed to electronically processed prisoner commitment.

(D) If the court's sentencing entry fails to specify that the offender is entitled to any credit up to the date of sentencing, the bureau of sentence computation is to 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.

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

(F) If an offender is serving two or more sentences, stated prison terms or combination thereof, not to include a non-life felony indefinite sentence, consecutively, the bureau of sentence computation is to 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 is to 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 sentencing entries, the bureau of sentence computation is to reduce the aggregate sentence, stated prison terms or combination thereof by the sum of the days specified in each of the sentencing entries plus the number of days the offender was confined between the last sentencing date and the date committed to the institution.

(G) If an offender is serving one or more non-life felony indefinite sentences consecutively, the bureau of sentence computation will independently reduce the minimum and maximum sentence, by the total number of days specified in each sentencing entry. Unless otherwise instructed by the court, the bureau of sentence computation will include the number of days the offender was confined between the last sentencing date and the date committed to the institution.

(H) The bureau of sentence computation will rely upon the latest sentencing entry of the court in determining the total days of local confinement in accordance with division (B)(2)(g)(v) of section 2929.19 of the Revised Code.

(I) The bureau of sentence computation is not to 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 sentencing entry is to be instructed to address the concerns to the court. Unless the court issues an entry modifying the amount of jail time credit, no change will be made.

(J) 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, minimum and maximum of a non-life felony indefinite prison term or stated prison term is to be reduced pursuant to this rule by the total number of days confined for the crime as certified by the court.

Last updated January 19, 2024 at 8:01 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2967.191, 5120.15
Five Year Review Date: 5/12/2018
Prior Effective Dates: 8/1/1980, 7/1/1993, 3/13/1998, 4/10/2003

Rule 5120-2-05 | Time off for good behavior.

• Effective: January 19, 2024
• Promulgated Under: 111.15

(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 is to be prorated and 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 applies 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 is to calculate for each offender the date of parole eligibility or expiration date if all possible good time is earned. The offender is, however, 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 is to 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 is not to 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 is to 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 is not to 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 is to 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, is 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 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 does 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.

Last updated January 19, 2024 at 8:02 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.15
Five Year Review Date: 1/8/2025
Prior Effective Dates: 3/27/2008

Rule 5120-2-06 | Earned credit for productive program participation.

• Effective: July 1, 2024
• Promulgated Under: 111.15

(A) Except as otherwise provided in this rule, any person confined in a state correctional institution or placed in a substance use disorder treatment program, may earn credit as a deduction from the person's sentence for each full month of productive participation, as defined by the director of the department of rehabilitation and correction, in any academic or vocational program, workforce development or employment program, prison industry, or alcohol and drug treatment, unit management program, mental health program or other program specifically approved by the director. A person may also earn credit as a deduction from the person's sentence for productively participating in a substance use disorder treatment program established by the department pursuant to section 5120.035 of the Revised Code. A person earning credit towards a sentence pursuant to section 2967.193 of the Revised Code (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 (I) of this rule as a deduction from the person's minimum or definite sentence. A person earning credit towards a sentence for a crime committed on or after July 1, 1996 may earn one day of credit or five days of credit, monthly, based upon the most serious offense for which they are serving a stated prison term, and as provided in this rule. Unless the person is serving a mandatory prison term, a prison term imposed for an offense of violence, or a prison term imposed for a sexually oriented offense, notwithstanding the maximum aggregate days of credit specified in paragraph (Q) of this rule, a person who, while confined in a state correctional institution or placed in a substance use disorder treatment, successfully completes a program described in division (A)(3) of section 2967.194 of the Revised Code, is eligible to earn, at the end of the program cycle, a credit of ninety days toward satisfaction of the person's stated prison term or a ten per cent reduction of the person's stated prison term, whichever is less.

(B) The director or designee will 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 is eligible to be awarded earned credit for participating in any program not specifically named on the director's list.

(C) 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 in addition to two days credit for program participation. However, no inmate sentenced under House Bill 261 of the 117th General Assembly is eligble to 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 is eligible to 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 will not be forfeited for any reason. Such inmates, therefore, are exempt from paragraph (J) 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, House Bill 86 of the 129th General Assembly, Senate Bill 201 of the 132 General Asembly or Senate Bill 288 of the 134th General Assembly.

(D) Except as otherwise provided for by law, inmates are generally eligible to earn five days of earned credit, per month, for monthly productive participation according to division (A)(2) of section 2967.194 of the Revised Code. Inmates serving a sentence which includes a sexually oriented offense committed before September 30, 2011 may earn only one day of credit per month and such credit may be forfeited pursuant to this rule. Inmates serving a sentence which includes a sexually oriented offense that was committed after September 30, 2011 are not eligible for earned credit.

(E) 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 Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019, Senate Bill 288 of the 134th General Assembly, or any combination of those five, may have the minimum or definite sentence, the stated prison term, or the minimum and maximum of a non-life felony indefinite prison term, independently reduced by the appropriate days of earned credit applicable to that particular sentence or prison term.

(F) In order to earn credit under this rule for a particular month, an inmate must enter the program on or before the first program day of the month and continue participating in the program through the last program 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, is 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 is deemed to have continued participating in the program through the end of that month.

(G) To earn monthly credit, an inmate must meet the requirements set forth in the departmental policy for productive particpation of earned credit.

(H) No inmate will receive earned credit for program participation during any month in which the inmate 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.

(I) No inmate shall earn credit during any month in which the inmate exhibits behavior considered to be a hindrance to the productive participation of the inmate or others. Such behavior shall be documented by a conduct report and substantiated through a guilty finding of the hearing officer or rules infraction board.

(J) Any inmate sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011, under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011, or under Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019, or Senate Bill 288 of the 134th General Assembly for an offense occuring after April 4, 2024, having pled 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, 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 sexual misconduct or an act of violence. The department shall identify in its written policies the specific rule violations that constitute sexual misconduct or 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 is rounded up to a full day. A recommendation by the rules infraction board to withdraw credit is subject to review by the warden for approval/disapproval/modification.

(K) Inmates sentenced under Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019 who complete a program described in paragraph (C) of this rule, having plead or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as set forth in rule 5120-9-06 of Administrative Code or a program related violation, may have previously earned program credit forfeited. As soon as practicable after the last day of each month or program cycle, the deputy warden or designee at each institution will report to the bureau of sentence computation the name of each inmate in the institution who has earned credit pursuant to this rule. After such information has been reported, and as is operationally feasible, the bureau will credit the inmate appropriately with the credit earned for that month.

(L) 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, is eligible to 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 the inmate would otherwise be eligible for earned credit.

(M) 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.

(N) 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.

(O) 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, after March 22, 2019, pursuant to Senate Bill 201 of the 132nd General Assembly or Senate Bill 288 of the 134th General Assembly, are not to be reduced by any days of earned credit:

(1) A prison term for a felony for which a life 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 of the Revised Code (vehicular homicide and aggravated vehicular homicide);

(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 of the Revised Code (carrying a concealed weapon), if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony, with respect to a portion of the sentence imposed pursuant to division (B)(1)(a) of section 2929.14 of the Revised Code for having the firearm; 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.

(P) 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 monthly 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 fifteen per cent of the total number of days in the inmate's stated prison term, provided that the credit described in paragraph (A) of this rule, if earned by an inmate, shall not be included in determining whether that inmate's aggregate days of credit exceed that limit.

(Q) Days of credit earned pursuant to this rule will be used for no purpose other than to reduce the inmate's definite or minimum sentence or stated prison term, or the minimum and maximum of a non-life felony indefinite 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 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.

Last updated July 1, 2024 at 4:27 PM

Supplemental Information

Authorized By: 5120.035, 5120.01, 2967.193, 2967.194
Amplifies: 2967.193, 5120.035
Five Year Review Date: 4/4/2029
Prior Effective Dates: 7/19/2018

Rule 5120-2-07 | Days of credit for maintaining minimum security.

• Effective: January 19, 2024
• Promulgated Under: 111.15

(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" is 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 is considered 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 is considered 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 is considered 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 may 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 are 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, is eligible to 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, is not to 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 is to 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 are to 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.

Last updated January 19, 2024 at 8:02 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2967.26
Five Year Review Date: 1/8/2025
Prior Effective Dates: 2/29/1988, 1/8/2015

Rule 5120-2-10 | Life sentences.

• Effective: January 29, 2024
• Promulgated Under: 111.15

(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 is 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 is 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 is 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 is 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 is 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 is 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 is not to 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.

Last updated January 29, 2024 at 8:33 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2929.03, 2929.04, 2907.02, 2907.12, 2907.10, 2929.71
Five Year Review Date: 5/12/2018
Prior Effective Dates: 2/26/1988 (Emer.)

Rule 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.

• Effective: January 29, 2024
• Promulgated Under: 111.15

(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 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 is to be diminished for time off for good behavior pursuant to the rules in effect at that time.

(C) This rule does 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.

Last updated January 29, 2024 at 8:33 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: None
Five Year Review Date: 1/8/2018

Rule 5120-2-14 | Risk reduction sentence.

• Effective: January 29, 2024
• Promulgated Under: 111.15

(A) As used in this rule, "nonmandatory prison term" or "non-mandatory non-life felony indefinite 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 is to, 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 aggregated nonmandatory prison terms, non-mandatory non-life felony indefinite prison terms, or any combination thereof, 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 or the minimum of a non-mandatory non-life felony indefinite 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 is to conduct an assessment of the inmate's needs and risk of reoffending. After completing that assessment, the department may 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 and non-mandatory non-life felony indefinite prison term, or any combination thereof, to which the offender has been sentenced. The department is to 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 is to 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 is not to receive any earned credit for the inmate's participation in the programming or treatment, unless the inmate signs a waiver of participation in risk reduction.

Last updated January 29, 2024 at 8:33 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2929.143, 5120.036
Five Year Review Date: 1/15/2026
Prior Effective Dates: 5/4/2020

Rule 5120-2-17 | Administrative release of certain prisoners.

• Effective: January 29, 2024
• Promulgated Under: 111.15

(A) As used in this rule, "administrative release," "parole," and "post-release control" have the same meanings as in section 2967.01 of the Revised Code.

(B) The director of the department of rehabilitation and correction may grant an administrative release to a prisoner who escaped from a state correctional institution and whose whereabouts are unknown when both of the following apply:

(1) The ninetieth anniversary of the prisoner's birth has passed;

(2) At least twenty years have passed since the date on which the prisoner escaped.

(C) Upon the granting of an administrative release pursuant to this rule, the bureau of sentence computation is to execute a certificate of administrative release evidencing termination of the department of rehabilitation and correction's jurisdiction over the prisoner's sentence and any accompanying period of parole or post-release control.

(D) An administrative release granted pursuant to this rule does not operate to restore any rights or privileges forfeited by conviction as provided in section 2961.01 of the Revised Code.

Last updated January 29, 2024 at 8:33 AM

Supplemental Information

Authorized By: 5145.24, 5120.01
Amplifies: 5145.24
Five Year Review Date: 1/7/2028
Prior Effective Dates: 7/19/2018

Rule 5120-2-19 | Recommended Reduction of Non-Life Felony Indefinite Prison Term.

• Effective: May 27, 2021
• Promulgated Under: 111.15

(A) This rule applies to the discretion granted to the director, under section 2967.271 of the Revised Code, to recommend that a sentencing court reduce the minimum prison term of an incarcerated adult serving a non-life felony indefinite prison term.

(B) As used in this rule:

(1) "Recommended reduction" means the recommendation from the director to the sentencing court that the sentencing court grant a reduction in the minimum prison term imposed on a specified incarcerated adult who is serving a non-life felony indefinite prison term.

(2) "Non-life felony indefinite prison term" is defined under division (GGG) of section 2929.01 of the Revised Code.

(3) "Exceptional conduct while incarcerated" means behavior which is unusually good and demonstrates a level of excellence not commonly displayed by an incarcerated adult in the advancement of their rehabilitation and adjustment to incarceration. An incarcerated adult may demonstrate exceptional conduct while incarcerated if they:

(a) Engage in, and complete, all recommended programming, including any educational programming;

(b) Address all criminogenic needs identified in the incarcerated individual's case plan;

(c) Engage in meaningful and extensive community service;

(d) Participate in pro-social groups and activities;

(e) Maintain positive social ties to individuals in the community;

(f) Develop a clear plan for their reentry into the community, including identifying suitable housing and creating a plan for gainful employment; and

(g) Demonstrate a dedication to personal rehabilitation.

(4) "Adjustment to incarceration" means that:

(a) The incarcerated adult is classified as security level 1 or security level 2 at the time of the petition;

(b) The incarcerated adult is not housed in limited privilege housing or restrictive housing at the time of the petition;

(c) The incarcerated adult is not an active or disruptive member of a security threat group at the time of the petition;

(d) In the two years preceding the incarcerated adult's petition, the incarcerated adult has not been found guilty of violating any of the rules set forth in rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct," by the rules infraction board;

(e) In the five years preceding the incarcerated adult's petition, the incarcerated adult has not been found guilty of violating rule 4, 36, 37, or 38, as set forth rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct"; and

(f) During the term of the incarcerated adult's current sentence, the incarcerated adult has not been found guilty of violating rule 1, 2, 3, 4, 5, 6, 11, 12, 14, 15, 16, 29, 31, 33, 34, or 52 as set forth in rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct."

(C) An incarcerated adult may submit a petition that demonstrates exceptional conduct or adjustment to incarceration, or both, in order to be considered for a recommended reduction.

(D) An incarcerated adult can only be considered for a recommended reduction after having served at least half of the minimum portion of a non-life felony indefinite prison term, and if the incarcerated adult has less than two years remaining before the expiration of their minimum prison term.

(E) A recommended reduction, if granted by the sentencing court, will only apply to the non-life felony indefinite prison term that the incarcerated adult is currently serving.

(F) If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the first degree, the recommended reduction may be either a five per cent or a ten per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving. If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the second degree, the recommended reduction may be either a ten per cent or a fifteen per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving.

(G) Pursuant to division (F)(8) of section 2967.271 of the Revised Code, an incarcerated adult serving a non-life felony indefinite prison term for a sexually oriented offense will not be considered for a recommended reduction.

(H) An incarcerated adult serving a mandatory prison term, as defined under section 2929.01 of the Revised Code, will not be considered for a recommended reduction until all mandatory prison terms have expired.

Last updated May 27, 2021 at 9:33 AM

Supplemental Information

Authorized By: 2967.271
Amplifies: 2967.271, 5120.01
Five Year Review Date: 5/27/2026