Ohio Admin. Code 5120-12-02 - Screening, selection, and notice of transfer
(A) All prisoners shall be screened to
determine initial transitional control eligibility based on the criteria
established in rule
5120-12-01 of the Administrative
Code.
(B) Prisoners deemed eligible
for transitional control consideration shall be interviewed by a unit
manager/designee to receive an explanation of the transitional control program
and to determine if the prisoner desires to be considered for transitional
control. An institutional summary report shall be prepared for prisoners
desirous of further consideration.
(C) Prisoners serving any indeterminate
sentence and deemed eligible shall be considered for transitional control by
the parole board. If a projected parole date has been determined as of the
effective date of this rule, the prisoner shall be considered without a hearing
by a panel of the parole board.
(D)
Prisoners serving a definite sentence shall be determined eligible for transfer
to transitional control by means of a review of the prisoner's record by the
adult parole authority.
(E) At
least sixty days prior to transferring to transitional control a prisoner who
is serving a definite term of imprisonment or definite prison term of
two years or less than one year for an offense committed on or after
July 1, 1996, or who is serving a minimum term of two years or less than one
year under a non-life felony indefinite prison term, the department of
rehabilitation and correction shall give notice of the pendency of the transfer
to the sentencing court and of the fact that the sentencing court may
disapprove the transfer of the prisoner to transitional control. If the court
disapproves the transfer of the prisoner to transitional control, the division
of parole and community services shall not proceed with the transfer. If the
court does not disapprove the transfer, the division may transfer the prisoner
to transitional control.
(F) Within
the time frames required under section
2930.16 of the Revised Code, the
department shall notify any victim or victim's representative who is required
to be given notice under section
2930.16 of the Revised Code; the
law enforcement agency that arrested the inmate if any officer of that agency
was a victim of the offense and is required to be given notice under that
section; the prosecuting attorney if required to be given notice under that
section; and any member of the victim's immediate family as defined in section
2967.12 of the Revised Code when
the family member has requested notification and is required to be given notice
under section 2930.16 of the Revised Code of
the pendency of the transfer and of the victim's right to submit a statement to
the division regarding the impact of the transfer of the prisoner to
transitional control. In the case of a notice that pertains to an aggravated
murder; murder; an offense of violence as defined in section
2901.01 of the Revised Code of
the first, second, or third degree; or an offense for which a sentence of life
imprisonment was imposed, if the offense was committed before March 22, 2013
and the department has not previously successfully provided notice to the
victim with respect to that offense and the prisoner who committed it, the
notice shall inform the victim that the victim may request that the victim not
receive any further notices with respect to that offense or the prisoner who
committed it. Such notice shall describe the procedure for requesting that
further notices not be provided. Notification under this paragraph may be
provided by ordinary mail, electronic means, or telephone. If the victim
submits a statement, the division shall consider the statement in deciding
whether to transfer the prisoner to transitional control.
(G) If it is determined at any time that the
prisoner will not be placed on transitional control, the prisoner shall be
notified in writing of this fact.
Notes
Promulgated Under: 119.03
Statutory Authority: 5120.01, 2967.26
Rule Amplifies: 2967.06
Prior Effective Dates: 03/16/1998 (Emer.), 06/01/1998, 04/10/2003, 12/08/2006, 01/09/2012, 07/15/2013, 04/01/2018, 01/06/2023
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