Ohio Admin. Code 5120-2-03.2 - Determination of multiple sentences
(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) "Sentate
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
shall
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 shall
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 shall
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 shall
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,
shall
is to
be served first, then sentences for which the offender may earn one day of
credit per month, if any, shall be served
and, lastly, sentences for which the offender may earn five days of credit per
month, if any, shall
are to be served.
Notes
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2967.193, 5120.15
Prior Effective Dates: 03/13/1998, 03/27/2008, 12/01/2011, 05/04/2020
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