Ohio Admin. Code 5120:1-1-41 - Standards for imposing, modifying and reducing post-release control
(A)
The parole board shall review journal entries of
offenders sentenced to a prison term for an offense committed on or after July
1, 1996, to determine if post-release control sanction(s) will be imposed and
in effect upon the prisoner's release from imprisonment. Post-release control
will be imposed consistent with the journal entry and may be modified, reduced,
or terminated in accordance with section
2967.28 of the Revised
Code.
(B)
Sanctions imposed by the parole board shall be
commensurate with the overriding purposes of felony sentencing to protect the
public from future crime by the offender and others, to punish the offender,
and to promote the effective rehabilitation of the offender, or to accomplish
any other purpose authorized by section
2929.11 of the Revised Code.
Sanctions may include the enforcement of financial sanctions imposed by the
sentencing court.
(C)
When imposing sanctions for post-release control, the
parole board shall make its determinations based on available information
pertaining to:
(1)
The offender's criminal history;
(2)
The offender's
conduct while imprisoned;
(3)
Any recommendation provided by the office of victim
services regarding post-release control sanctions
(4)
The results of a
validated risk assessment, when available.
(D)
When imposing
sanctions for post-release control, the parole board may also consider
available information pertaining to the following:
(1)
Available
supervision resources, including, but not limited to, available beds in
community residential sanctions, available community non-residential treatment
options, and officer caseloads;
(2)
Any other
information that the parole board deems relevant.
(E)
The adult parole
authority may modify post-release control sanction by imposing a more or less
restrictive sanction as necessary during the period of post-release
control.
(1)
At
any time during the period of post-release control applicable to the offender,
the adult parole authority may review the offender's behavior under the
post-release control sanction(s) that was imposed by the parole
board.
(2)
The adult parole authority may determine that a more or
less restrictive sanction is appropriate and may impose a different
sanction.
(3)
If the adult parole authority determines that an
offender has violated a post-release control sanction, the adult parole
authority may impose a more restrictive sanction pursuant to rule
5120:1-1-42 of the
Administrative Code or may report the violation to the parole board for a
hearing pursuant to division (F)(3) of section
2967.28 of the Revised
Code.
(4)
The adult parole authority shall not increase the
duration of the offender's post-release control, or impose a residential
sanction that includes a prison term, unless the parole board determines, at a
violation hearing, that the offender violated a post-release control sanction
or condition of supervision.
(5)
The offender
shall be notified in writing of any modification of a sanction.
(F)
The
post-release control term for all offenders, including offenders convicted of
first degree felonies and sex offenses shall be subject to provisions set forth
in section 2967.16 of the Revised
Code.
(G)
The adult parole authority may determine, based upon a
review of the releasee's behavior under the post-release control sanctions,
generally, guided by activities of the offender that tend to show that a
reduction in the duration of post-release control is consistent with the
purposes of felony sentencing, that the releasee has satisfactorily complied
with the sanctions imposed, and if such a determination is made, the authority
may recommend a less restrictive sanction, reduce the period of post-release
control, or, no sooner than the minimum period of time required under section
2967.16 of the Revised Code,
recommend that the parole board or court terminate the duration of the period
of post-release control. In no case shall the board or court reduce the
duration of the period of control imposed for a felony sex offense on or after
September 30, 2021.
(H)
If the maximum cumulative prison term for violations of
post-release control (one-half of the stated prison term originally imposed)
has been reached for an offender, the violation hearing officer of the parole
board who determines that the offender should serve a prison term for the
violation shall terminate the period of post-release control.
Replaces: 5120:1-1-41
Notes
Promulgated Under: 119.03
Statutory Authority: 2967.28, 5120.01, 5120.032, 5149.02
Rule Amplifies: 2929.143, 2929.16, 2929.17, 2929.18, 2929.28, 2967.28, 5120.036
Prior Effective Dates: 12/20/1996, 06/01/1999, 11/01/2002, 09/12/2005, 06/22/2009, 03/28/2011, 12/01/2011, 07/15/2013, 11/09/2015, 01/15/2022
Promulgated Under: 119.03
Statutory Authority: 2967.28, 5120.01, 5120.032, 5149.02
Rule Amplifies: 2929.143, 2929.16, 2929.17, 2929.18, 2929.28, 2967.28, 5120.036
Prior Effective Dates: 12/20/1996, 06/01/1999, 11/01/2002, 09/12/2005, 06/22/2009, 03/28/2011, 12/01/2011, 07/15/2013, 11/09/2015
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