(A) Except as otherwise provided in this
rule, any person confined in a state correctional institution may earn credit
as a deduction from the person's sentence for each full month of
productive participation in any academic or vocational program, prison
industry, or alcohol and drug treatment, unit management program, or mental
health 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 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 or otherwise sentenced pursuant to section 2967.193 of Senate Bill 2 of
the 121st General Assembly, may earn one day of credit from the person's
stated prison term. A person earning credit towards a sentence for an offense
committed on or after September 30, 2011 may earn one day of credit or five
days of credit as provided in paragraph (K) of 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 (Y)
of this rule, a person who successfully completes a program described in
paragraph (H) of this rule shall earn a one-time credit of ninety days toward
satisfaction of the person's stated prison term or a one-time ten per cent
reduction of the person's stated prison term, whichever is
less.
(B) The director or designee shall issue
and maintain a list containing the specific name of each approved program at
each institution. Programs may be added or deleted according to a procedure
approved by the director. No inmate shall be awarded earned credit for
participating in any program not specifically named on the director's
list. The director's approved list shall be verified annually for each
institution through the department's audit process.
(C) The following types of programs may
be approved for earned credit by the director as academic or vocational
educational programs:
(1) Adult basic literacy
education (A.B.L.E.);
(2) Pre-GED;
(3) GED and high
school;
(4) College
programs;
(5) Vocational and
apprenticeship programs;
(6) Work extension
program job assignments, where after successful completion, during the current
incarceration, of an approved related institutional training program, the
inmate applies the learned skills in the performance of the inmate's
duties in the inmate's current institutional job assignment.
(D) Prison industries that may be
approved for earned credit by the director are those operated through Ohio
penal industries.
(E) The following types of programs may
be approved for earned credit by the director as alcohol and drug treatment
programs:
(1) Therapeutic
communities;
(2) Residential alcohol
and drug treatment programs;
(3) Alcohol and drug day
treatment programs;
(4) Alcohol and drug
treatment outpatient group counseling.
(5) Continuing care
programs.
(6) Substance use
disorder treatment program established by the department pursuant to section
5120.035 of the Revised Code.
(F) The following types of programs may
be approved for earned credit by the director as mental health
programs:
(1) Residential mental health
programs;
(2) Mental health day treatment
programs.
(G) The following types of programs may
be approved for earned credit by the director as unit management
programs:
(1) Cognitive behavioral
program;
(2) Reintegration unit
program.
(H) Successful completion of the
following types of programs may be approved by the director for a one-time
credit of ninety days toward satisfaction of the stated prison term or a ten
per cent reduction of the stated prison term, whichever is less:
(1) An Ohio high school
diploma or Ohio certificate of high school equivalence certified by the Ohio
central school system;
(2) A therapeutic drug
community program;
(3) All three phases of
the intensive outpatient drug treatment program;
(4) A career technical
vocational school program;
(5) A college
certification program;
(6) The criteria for a
certificate of achievement and employability as specified in division (A)(1) of
section 2961.22 of the Revised Code.
(I) Inmates earning credit pursuant to House Bill 261 of the
117th General Assembly, may earn two days of credit for participating in an
approved academic or vocational or prison industries program as defined in
paragraphs (C) and (D) of this rule in addition to two days credit for
participating in programs listed in paragraph (E) or (F) of this rule. However,
no inmate sentenced under House Bill 261 of the 117th General Assembly shall
earn days of credit for participation in more than one academic or vocational
education program or prison industry during a particular month. No inmate
sentenced under House Bill 261 of the 117th General Assembly shall earn days of
credit for participating in more than one residential or outpatient alcohol,
drug, sex offender, or therapeutic community, or mental health treatment
program during a particular month. Once an inmate earning credit pursuant to
House Bill 261 of the 117th General Assembly has earned and has been properly
credited with days of credit pursuant to this rule, the credit earned shall not
be forfeited for any reason. Such inmates, therefore, are exempt from paragraph
(S) of this rule, which describes conditions for possible withdrawal of
previously earned credit for those inmates earning credit under Senate Bill 2
of the 121st General Assembly or House Bill 86 of the 129th General
Assembly.
(J) Except as otherwise provided in paragraph (X) of this rule,
inmates earning credit pursuant to this rule sentenced under Senate Bill 2 of
the 121st General Assembly for an offense committed before September 30, 2011
may earn only one day of credit per month regardless of program participation,
and such credit may be forfeited pursuant to paragraph (S) of this
rule.
(K) Except as otherwise provided in paragraphs (L) and (X) of
this rule, inmates earning credit pursuant to this rule sentenced under House
Bill 86 of the 129th General Assembly for an offense committed on or after
September 30, 2011 may earn one day or five days of credit per month as
prescribed in paragraph (K)(1), (K)(2), (K)(3), or (K)(4) of this rule. Such
credit may be forfeited pursuant to paragraph (S) of this rule.
(1) An inmate may earn
one day of credit if the most serious offense for which the offender is
incarcerated is a first or second degree felony that is any of the
following:
(a) Involuntary manslaughter (division (A) of section 2903.04 of
the Revised Code);
(b) Voluntary manslaughter (section 2903.03 of the Revised
Code);
(c) Felonious assault (section 2903.11 of the Revised
Code);
(d) Permitting child abuse (section 2903.15 of the Revised
Code);
(e) Kidnapping (section 2905.01 of the Revised
Code);
(f) Soliciting (section 2907.24 of the Revised
Code);
(g) Prostitution (section 2907.25 of the Revised
Code);
(h) Aggravated arson (section 2909.02 of the Revised
Code);
(i) Vehicular vandalism (section 2909.09 of the Revised
Code);
(j) Railroad vandalism (section 2909.10 of the Revised
Code);
(k) Railroad grade crossing device vandalism (section 2909.101 of
the Revised Code);
(l) Criminal possession of a biological, chemical, or
radiological weapon (section 2909.26 of the Revised Code);
(m) Criminal use of a chemical, biological, or explosive weapon
(section 2909.27 of the Revised Code);
(n) Money laundering in support of terrorism (section 2909.29 of
the Revised Code);
(o) Aggravated robbery (section 2911.01 of the Revised
Code);
(p) Robbery (section 2911.02 of the Revised Code);
(q) Aggravated burglary (section 2911.11 of the Revised
Code);
(r) Burglary (section 2911.12 of the Revised Code);
(s) Abortion manslaughter (section 2919.13 of the Revised
Code);
(t) Dismemberment abortion (section 2919.15 of the Revised
Code);
(u) Partial birth feticide (section 2919.151 of the Revised
Code);
(v) Endangering children (section 2919.22 of the Revised
Code);
(w) Escape (section 2921.34 of the Revised
Code);
(x) Conspiracy (section 2923.01 of the Revised
Code);
(y) Possession of a deadly weapon while under detention
(section 2923.131 of the Revised Code);
(z) Discharging a firearm on or near a prohibited premises
(section 2923.162 of the Revised Code);
(aa) Engaging in a pattern of corrupt activity (section
2923.32 of the Revised Code);
(bb) Tampering with drugs (section 2925.24 of the Revised
Code);
(cc) Contaminating a substance for human consumption
(section 2927.24 of the Revised Code);
(2) An inmate may earn
one day of credit if the most serious offense for which the offender is
incarcerated is conspiracy or attempt to commit, or complicity in committing,
any offense listed in paragraphs (K)(1)(a) to (K)(1)(bb) of this rule or for
which the maximum penalty is life imprisonment.
(3) An inmate may earn
one day of credit if the offender is serving a stated prison term or a non-life
felony indefinite prison term that includes a prison term imposed for any of
the following offenses that are a felony, an essential element of which is any
conduct or failure to act expressly involving any deadly weapon or dangerous
ordnance:
(a) Illegal conveyance of a deadly weapon or dangerous ordnance
(division (A)(1) of section 2921.36 of the Revised Code);
(b) Illegal possession of a firearm in a liquor permit premises
(section 2923.121 of the Revised Code);
(c) Illegal conveyance or possession of a deadly weapon or
dangerous ordnance in a school safety zone (section 2923.122 of the Revised
Code);
(d) Illegal conveyance of a deadly weapon or dangerous ordnance
into, or possession in, a courthouse (section 2923.123 of the Revised
Code);
(e) Having weapons while under disability (section 2923.13 of the
Revised Code);
(f) Possession of a deadly weapon while under detention (section
2923.131 of the Revised Code);
(g) Improperly handling firearms in a motor vehicle (section
2923.16 of the Revised Code);
(h) Improperly discharging a firearm at, into, or near a
habitation, school safety zone, or school premises (section 2923.161 of the
Revised Code);
(i) Discharging a firearm at or near a prohibited premises
(section 2923.162 of the Revised Code);
(j) Unlawful possession of a dangerous ordnance or illegally
manufacturing or processing explosives (section 2923.17 of the Revised
Code);
(k) Unlawful transaction in weapons (section 2923.20 of the
Revised Code);
(l) Defacing identification marks on a firearm or possessing a
defaced firearm (section 2923.201 of the Revised Code);
(m) Improperly furnishing firearms to a minor (section 2923.21 of
the Revised Code).
(4) An inmate may earn
five days of credit if the most serious offense for which the offender is
incarcerated is not identified in paragraph (K)(1), (K)(2), or (K)(3) of this
rule and is not a sexually oriented offense.
(L) An inmate sentenced under House Bill 86 of the 129th General
Assembly for a sexually oriented offense committed on or after September 30,
2011 shall not be eligible for earned credit.
(M) Inmates earning credit pursuant to this rule sentenced under
House Bill 86 of the 129th General Assembly for an offense committed on or
after September 30, 2011 may earn a one-time credit equal to five days for
completing two programs of a type described in paragraphs (C), (D), (E),
(F)(2), and (F)(4) of this rule.
(N) An inmate earning credit towards a minimum or definite
sentence pursuant to House Bill 261 of the 117th General Assembly and also
earning credit towards a stated prison term pursuant to Senate Bill 2 of the
121st General Assembly for an offense committed before September 30, 2011,
House Bill 86 of the 129th General Assembly for an offense committed on or
after September 30, 2011, or Senate Bill 201 of the 132nd General Assembly for
an offense committed on or after March 22, 2019, or any combination of those
four, shall 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.
(O) 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, shall be deemed to be participating in the program through the
end of the month. An inmate who successfully completes a formal program
resulting in the issuance of a certificate of completion during a month shall
be deemed to have continued participating in the program through the end of
that month.
(P) Regardless of the reason for absence, an inmate must attend
seventy-five per cent of the scheduled program/job sessions for any month in
order to receive earned credit for that month.
(Q) 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.
(R) 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 as excessive noise, disruption,
sleeping on assignment or tardiness. Such behavior shall be documented by a
conduct report and substantiated through a guilty finding of the hearing
officer or rules infraction board.
(S) 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, 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, including the program related violations described in paragraphs (O)
and (P) of this rule, may have previously earned credit days forfeited. The
rules infraction board, in addition to assessing any other appropriate
disciplinary measures, may recommend the withdrawing of earned credit awarded
from previous months. An inmate may not have more than fifty per cent of
previously earned credit days withdrawn in any calendar month unless the rule
violation for which credit is being withdrawn involved a serious act of
violence. The department shall identify in its written policies the specific
rule violations that constitute serious acts of violence for which more than
fifty per cent of previously earned credit days may be withdrawn in any
calendar month. If the fifty per cent calculation results in a one-half or half
day remainder, the half day shall be rounded up to a full day. A recommendation
by the rules infraction board to withdraw credit shall be reviewed by the
warden for approval/disapproval/modification.
(T) 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 (H) 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.
(U) As soon as practicable after the last day of each
month, the deputy warden or designee at each institution shall report to the
bureau of sentence computation the name of each inmate in the institution who
has earned credit pursuant to this rule. Each month the bureau shall credit the
inmate appropriately with the credit earned for that month.
(V) No inmate serving a prison term of one, three, five or
six years for use of a firearm imposed pursuant to section 2929.71 or 2929.72
of the Revised Code, in effect prior to July 1, 1996, for an offense committed
prior to July 1, 1996, or pursuant to division (B)(1) of section 2929.14 of the
Revised Code, effective July 1, 1996, for an offense committed on or after July
1, 1996, including prison terms imposed after September 30, 2011 pursuant to
House Bill 86 of the 129th General Assembly, shall earn or be awarded any days
of credit pursuant to this rule for any program participation which occurs
while serving any such period of actual incarceration. An inmate against whom
such a sentence was imposed may begin earning days of credit pursuant to this
rule after serving any such term in its entirety if the inmate would otherwise
be eligible for earned credit.
(W) 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.
(X) 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.
(Y) 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 or after March 22,
2019, pursuant to Senate Bill 201 of the 132nd General Assembly, shall not 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 (vehicular homicide
and aggravated vehicular homicide) of the Revised Code;
(d) Any first, second or third degree felony drug offense for
which the imposition of a mandatory prison term is required;
(e) Any other first or second degree felony if the offender
previously was convicted of or pled guilty to aggravated murder, murder or any
first or second degree felony;
(f) Any felony, other than a violation of section 2923.12
(carrying a concealed weapon) of the Revised Code, if the offender had a
firearm on or about the offender's person or under the offender's
control while committing the felony; or
(g) Corrupt activity in violation of section 2923.32 of the
Revised Code when the most serious offense in the pattern of corrupt activity
that is the basis of the offense is a felony of the first degree;
(3) A mandatory prison
term imposed pursuant to division (B)(2)(a) of section 2929.14 of the Revised
Code, effective July 1, 1996, for being a repeat violent offender. If the court
also imposes an optional, additional term pursuant to division (B)(2)(b) of
section 2929.14 of the Revised Code, an inmate, who has completed serving the
mandatory prison term, may earn credit while serving the additional, optional
prison term;
(4) A mandatory ten year
prison term imposed pursuant to division (B)(3)(a) of section 2929.14 of the
Revised Code, effective July 1, 1996, for a drug offense or for otherwise being
a major drug offender, for corrupt activity with the most serious offense in
the pattern of corrupt activity being a first degree felony, or for attempted
rape or felonious sexual penetration by force with the victim being under
thirteen years of age. If the court also imposes an optional, additional term
pursuant to division (B)(3)(b) of section 2929.14 of the Revised Code, an
inmate, who has completed serving the mandatory ten year prison term, may earn
credit while serving the additional, optional prison term;
(5) A prison term imposed for a violation
of post release control.
(6) A prison term imposed
as part of a risk reduction sentence under section 2929.143 of the Revised
Code.
(Z) If an inmate is earning credit towards a sentence
pursuant to House Bill 261 of the 117th General Assembly for an offense
committed prior to July 1, 1996, the cumulative total of any days of credit
awarded under this rule and rule 5120-2-07 of the Administrative Code, plus any
diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative
Code, shall not exceed for such inmate one-third of the minimum or definite
sentence, or in the case of a life sentence for which diminution and days of
credit may be earned, one-third of the number of years before parole
eligibility. No term of actual incarceration imposed pursuant to section
2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for
using a firearm in the commission of an offense shall be considered as a part
of a minimum sentence or a part of the number of years before parole
eligibility for eligible life sentences in calculating the maximum possible
diminution pursuant to this paragraph.
The aggregate days of credit earned by an inmate
sentenced under House Bill 86 of the 129th General Assembly for an offense
committed on or after September 30, 2011 shall not exceed eight per cent of the
total number of days in the inmate's stated prison term, provided that the
one-time credit described in paragraphs (A) and (H) 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.
(AA) Days of credit earned pursuant to this rule shall be
used for no purpose other than to reduce the inmate's definite or minimum
sentence or 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.
(BB) Each year, beginning in 2012, on or before the
thirtieth day of September, the department of rehabilitation and correction
shall seek written comments from the Ohio prosecuting attorneys association,
the Ohio judicial conference, the Ohio public defender, the Ohio association of
criminal defense lawyers, the Ohio criminal sentencing commission, and the Ohio
common pleas judges association regarding the department's administration
of the earned credit program as described in this rule. The department shall
consider the comments it receives in evaluating the program and in adopting or
modifying the policies and procedures the department uses to administer the
program.
(CC) As used in this rule:
(1) "Offense of
violence" has the same meaning as in section 2901.01 of the Revised
Code.
(2) "Sexually
oriented offense" has the same meaning as in section 2950.01 of the
Revised Code.