Ohio Admin. Code 5120-11-15 - [Rescinded] Revocation of supervised release on intermediate transitional detention or parole

(A) A releasee on intermediate transitional detention pursuant to rule 5120-11-12 of the Administrative Code or a parolee released on parole supervision pursuant to rule 5120-11-19 of the Administrative Code who, in the judgment of the supervising parole officer, violates any rule of the department of rehabilitation and correction or any term or condition of release pursuant to rule 5120-11-14 of the Administrative Code or any written agreement between the releasee and the department of rehabilitation and correction or its licensed facilities, may be returned to a correctional institution pursuant to the same procedure as set forth in rules 5120:1-1-17, 5120:1-1-18, and 5120:1-1-21, of the Administrative Code.

This rule does not apply to an inmate sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) Whenever a releasee is believed to have violated any rule, agreement, term or condition of release as provided in paragraph (A) of this rule, the releasee's supervising parole officer shall immediately report the alleged violation, including reliable corroborative evidence, to the unit supervisor.

The parole officer may decide to arrest such a releasee or may order any sheriff, deputy sheriff, constable, or police officer to make such an arrest. If an arrest is made, the parole officer shall, as soon as practical, notify, in writing, the superintendent of parole supervision that the releasee has been arrested and is in custody. This initial notice shall be followed, within ten business days, by a detailed written report of the reason for making the arrest to the superintendent of parole supervision.

(C) Within two business days after being notified of the alleged violation, except as provided in paragraph (E) of rule 5120:1-1-31 of the Administrative Code, the unit supervisor shall review the alleged violation to determine whether the violation is corroborated by reliable evidence and decide either:

(1) To allow the releasee to continue on release and, if under arrest, to release him; or

(2) To arrest the releasee, if not already arrested, and commence revocation proceedings, pursuant to the same procedure as set forth in rules 5120:1-1-17, 5120:1-1-18, and 5120:1-1-21, of the Administrative Code, subject to paragraph (D) of this rule.

(D) In making the decision to commence revocation proceedings, pursuant to the same procedure as set forth in rules 5120:1-1-17, 5120:1-1-18, and 5120:1-1-21, of the Administrative Code, the unit supervisor shall consider whether:

(1) The releasee is in Ohio or otherwise available to the adult parole authority;

(2) There is an alleged violation of any rule of the department of rehabilitation and correction, any term or condition of release pursuant to rule 5120-11-14 of the Administrative Code, or any written agreement between the releasee and the department of rehabilitation and correction or its licensed facilities;

(3) The alleged violation is within the personal knowledge of the supervising officer;

(4) There are reasons which justify or mitigate the violation making revocation inappropriate, even if the violation did in fact occur.

(E) The procedure for causing the arrest of a releasee or placing a detainer against a releasee who has been arrested, other than on the authority of the department of rehabilitation and correction, shall be pursuant to the same procedure as set forth in rule 5120:1-1-31 of the Administrative Code.

(F) The procedure to be followed by the adult parole authority whenever a releasee absconds from supervision is the same as that set forth in rule 5120:1-1-16 of the Administrative Code.

(G) A releasee who is the subject of pending revocation proceedings, who is in need of confinement, and who is in need of medical or mental health treatment which is otherwise unavailable, may be transferred immediately to a correctional institution. A releasee who is the subject of revocation proceedings, who is in need of confinement, and who is being returned to Ohio from a foreign jurisdiction, or for whom local confinement is unavailable, may also be transferred immediately to a correctional institution. Any release transferred pursuant to this paragraph shall be subject to all applicable provisions with regard to revocation proceedings notwithstanding the transfer.

(H) Within a reasonable period of time after a detainer has been filed against the releasee, the releasee shall be granted a revocation hearing pursuant to rules 5120:1-1-18 or 5120:1-1-19 of the Administrative Code. The revocation hearing is to determine if the releasee's status on intermediate transitional detention or on parole supervision should be revoked.

(I) A releasee may be administratively transferred to a correctional institution by the chief of the adult parole authority when it is discovered that the releasee was ineligible for shock incarceration program approval pursuant to the criteria in paragraph (C) and (E) of rule 5120-11-03 of the Administrative Code. The chief of the adult parole authority shall order the release rescinded and no revocation process need be provided to such ineligible releasee.

Notes

Ohio Admin. Code 5120-11-15

Effective: 4/1/2018
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5149.02, 5120.42, 5120.01
Rule Amplifies: 5120.031
Prior Effective Dates: 10/28/1991 (Emer.), 01/24/1992, 12/20/1996