Ohio Admin. Code 5120-2-10 - Life sentences
(A) As a result of a number of amendments to
the Revised Code over a period of years, the provisions for diminution of
sentence and eligibility for parole, shock parole, employment/education
furlough and home furlough are affected by the language in the sentencing
documents (journal entries) concerning the crime and the sentence imposed as
well as the date on which the crime was committed. The purpose of this rule is
to explain diminution of sentence and eligibility for release for persons
serving life sentences as established by the Revised Code. This rule does not
expand release eligibility established by any other rule of the Administrative
Code.
(B) A sentence of life
imprisonment imposed pursuant to section
2929.03 of the Revised Code for
the offense of aggravated murder shall be presumed to be a sentence of life
imprisonment with parole eligibility after twenty years, subject to diminution
under rules 5120-2-05,
5120-2-06
,
and
5120-2-07 and 5120-2-08 of the
Administrative Code, unless the journal entry of the court specifies that
parole eligibility is to be after twenty full years or thirty full
years.
(C) A prisoner serving a
sentence of imprisonment for life with parole eligibility after serving thirty
full years of imprisonment for the offense of aggravated murder with one or
more of the specifications enumerated in section
2929.04 of the Revised Code.
(1) Becomes eligible for parole consideration
after serving thirty full years:
(a) The
thirty full years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The thirty full years are
not diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The thirty full years may
not be reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole.
(3) Is not eligible for release on furlough
for employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code.
(4) Is not eligible for
release on furlough for trustworthy prisoners (home furlough) pursuant to rule
5120-9-35 of the Administrative Code except for the purpose of visiting a dying
relative or to attend the funeral of a relative.
(D) A prisoner serving a sentence of
imprisonment for life with parole eligibility after serving twenty full years
of imprisonment for the offense of aggravated murder with one or more of the
specifications enumerated in section
2929.04 of the Revised Code.
(1) Becomes eligible for parole consideration
after serving twenty full years:
(a) The
twenty full years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The twenty full years are
not diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The twenty full years may
not be reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole.
(3) Is not eligible for release on furlough
for employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code.
(4) Is not eligible for
release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the
Administrative Code except for the purpose of visiting a dying relative or
attending the funeral of a relative.
(E) A prisoner serving a sentence of
imprisonment for life with parole eligibility after serving twenty years of
imprisonment for the offense of aggravated murder, committed on or after
October 19, 1981, without one or more of the specifications enumerated in
section 2929.04 of the Revised Code.
(1) Becomes eligible for parole consideration
after serving twenty years:
(a) The twenty
years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The twenty years are
diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The twenty years may be
reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole.
(3) Is not eligible for release on furlough
for employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code.
(4) Is not eligible for
release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the
Administrative Code except for the purpose of visiting a dying relative or
attending the funeral of a relative.
(F) A prisoner serving a sentence of
imprisonment for life for an offense of first degree murder or aggravated
murder committed prior to October 19, 1981.
(1) Becomes eligible for parole consideration
after serving fifteen full years:
(a) The
fifteen years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The fifteen years are not
diminished by the time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The fifteen years may not
be reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole.
(3) Is eligible for release on furlough for
employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code.
(4) Is eligible for release
on furlough for trustworthy prisoners (home furlough) pursuant to rule
5120-9-35 of the Administrative Code.
(G) A prisoner serving an indefinite term of
imprisonment of fifteen years to life for the offense of murder.
(1) Becomes eligible for parole consideration
after serving the fifteen-year minimum sentence:
(a) The fifteen years are reduced by
jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The fifteen years are
diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The fifteen years may be
reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole.
(3) Is eligible for release on furlough for
employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code.
(4) Is eligible for release
on furlough for trustworthy prisoners (home furlough) pursuant to rule
5120-9-35 of the Administrative Code.
(H) A prisoner serving a sentence of
imprisonment for life imposed pursuant to division (B) of section
2907.02 of the Revised Code for
the crime of rape committed against a victim under the age of thirteen or
imposed pursuant to division (B) of section
2907.12 of the Revised Code for
the crime of felonious sexual penetration committed by force or threat of force
against a victim under the age of thirteen, where the
offense was committed prior to July 1, 1996.
(1) Becomes eligible for parole consideration
after serving ten full years:
(a) The ten
full years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The ten full years are
not diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The ten full years may
not be reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for shock parole if the offense was committed on or after July
1, 1983 or if serving a term of actual incarceration imposed pursuant to
section 2907.10 of the Revised Code for
an offense committed before July 1, 1983.
(3) Is not eligible for release on furlough
for employment or education pursuant to rule 5120:1-1-23 of the Administrative
Code if the offense was committed on or after October 19, 1981.
(4) Is not eligible for release on furlough
for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the
Administrative Code except for the purpose of visiting a dying relative or to
attend the funeral of a relative if the offense was committed on or after
October 19, 1981.
(I) A
prisoner serving a sentence of imprisonment for life for an offense other than
first degree murder or aggravated murder committed prior to October 19, 1981.
(1) Becomes eligible for parole consideration
after serving ten full years:
(a) The ten full
years are reduced by jail-time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) The ten full years is not
diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The ten full years may
not be reduced by days of credit earned pursuant to rules
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code.
(2)
Is eligible for shock parole.
(3)
Is eligible for release on furlough for employment or education pursuant to
rule 5120:1-1-23 of the Administrative Code.
(4) Is eligible for release on furlough for
trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the
Administrative Code.
(J)
A prisoner serving a sentence of imprisonment for life consecutive to any other
term or terms of imprisonment becomes eligible for parole consideration as
follows:
(1) Where the life sentence is
imposed for aggravated murder, with one of the specifications enumerated in
section 2929.04 of the Revised Code,
committed on or after October 19, 1981, the prisoner is eligible for parole
after serving the sum, without diminution, of any three-year terms of actual
incarceration imposed pursuant to section
2929.71 of the Revised Code for
using a firearm in the commission of an offense, plus the twenty or thirty full
years, without diminution, as designated by the court for parole eligibility,
plus the time required for parole eligibility for any other crimes. There is no
limit to the length of such aggregated sentence.
(2) Where the life sentence is imposed for
aggravated murder without one or more specifications enumerated in section
2929.04 of the Revised Code,
committed on or after October 19, 1981, the prisoner shall be eligible for
parole after serving the sum, without diminution, of any three-year terms of
actual incarceration imposed pursuant to section
2929.71 of the Revised Code for
using a firearm in the commission of an offense, plus the sum of twenty years
for each such consecutive life sentence and the sum of all other consecutive
minimum sentences, each diminished, as provided in rules 5120-2-05,
5120-2-06
,
and
5120-2-07, and 5120-2-08 of the
Administrative Code. There is no limit to the length of such aggregated minimum
term.
(3) Where the life sentence
is imposed for first degree murder or aggravated murder committed prior to
October 19, 1981, and does not include a life sentence imposed for aggravated
murder committed on or after October 19, 1981, the prisoner is eligible for
parole after serving the sum, without diminution, of any terms of actual
incarceration imposed pursuant to section
2929.71 of the Revised Code for
using a firearm in the commission of an offense, plus fifteen full years,
without diminution, plus the required time for parole eligibility for any other
crimes. However, this aggregate is not to exceed the sum of all terms of actual
incarceration time plus twenty full years.
(K) A prisoner serving a sentence of
imprisonment for an offense of aggravated murder committed on or after July 1,
1996:
(1) Becomes eligible for parole
consideration after serving:
(a) Twenty full
years, twenty-five full years, or thirty full years and is reduced by jail time
credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) Twenty full years,
twenty-five full years, or thirty full years and is not diminished by time off
for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The full years may not be
reduced by the days of credit earned pursuant to rule
5120-2-06
,
or
5120-2-07, or 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for judicial release.
(3) Is not eligible for release on
transitional control.
(L) A prisoner serving a sentence of
imprisonment for life without parole committed on or after July 1, 1996, is not
eligible for parole consideration, judicial release or transitional
control.
(M) A prisoner serving a
sentence of imprisonment of life for an offense of murder committed on or after
July 1, 1996:
(1) Becomes eligible for parole
consideration after serving:
(a) Fifteen full
years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b) Fifteen full years is not
diminished by time off for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(c) The full years may not be
reduced by the days of credit earned pursuant to rule
5120-2-06
,
or
5120-2-07, or 5120-2-08 of the
Administrative Code.
(2)
Is not eligible for judicial release.
(3) Is not eligible for release on
transitional control.
(N)
) A prisoner
serving a sentence of imprisonment for life imposed pursuant to division (B) of
section 2907.02 of the Revised Code and
division (B)(1)(a) of section
2971.03 of the Revised Code for
the crime of rape against a child under the age of thirteen committed on or
after July 1, 1996:
(1)
Becomes eligible for parole consideration after
serving:
(a)
Ten full years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Ten full years is not diminished by time off for good
behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(O)
A prisoner
serving a sentence of imprisonment for life imposed pursuant to division
(A)(3)(d)(i) of section
2971.03 of the Revised Code for
the crime of rape against a child under the age of thirteen with a sexually
violent predator specification under section
2941.148 of the Revised Code
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
Twenty-five full
years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Twenty-five full years is not diminished by time off
for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(P)
A prisoner
serving a sentence of imprisonment for life imposed pursuant to division (B) of
section 2907.02 of the Revised Code and
division (B)(1)(c) of section
2971.03 of the Revised Code for
the crime of rape against a child under the age of thirteen and the offender
purposefully compelled the victim to submit by force or threat of force, or the
offender previously has been convicted of or pleaded guilty to violating
division (A)(1)(b) of section
2907.02 of the Revised Code or
to violating an existing or former law of this state, another state, or the
United States that is substantially similar to division (A)(1)(b) of section
2907.02 of the Revised Code, or
the the offender during or immediately after the commission of the offense
caused serious physical harm to the victim, committed on or after January 2,
2007:
(1)
Becomes eligible for parole consideration after serving:
(a)
Twenty-five full
years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Twenty-five full years is not diminished by time off
for good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(Q)
A prisoner
serving a sentence of imprisonment for life imposed pursuant to division (B) of
section 2907.02 of the Revised Code and
division (B)(1)(b) of section
2971.03 of the Revised Code for
the crime of rape against a child under the age of ten, committed on or after
January 2, 2007:
(1)
Becomes eligible for parole consideration after
serving:
(a)
Fifteen full years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Fifteen full years is not diminished by time off for
good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(R)
A prisoner
serving a prison term for attempted rape with a sexually violent predator
specification under section
2941.148 of the Revised Code and
imposed pursuant to division (A)(3)(a) or (A)(3)(e)(i) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
The minimum term
fixed by the sentencing court.
(b)
The minimum term
fixed by the sentencing court is not diminished by time off for good behavior
pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(S)
A prisoner
serving a sentence of imprisonment for life for attempted rape of a child under
the age of thirteen with an attempted rape specification under section
2941.1419 of the Revised Code
imposed pursuant to division (B)(2)(b) of section
2971.03 of the Revised Code or
division (A)(3)(e)(iii) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
Ten full years
and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Ten full years is not diminished by time off for good
behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(T)
A prisoner
serving a sentence of imprisonment for life for attempted rape of a child under
the age of thirteen with an attempted rape specification under section
2941.1419 of the Revised Code
and a sexually violent predator specification under section
2941.148 of the Revised Code,
imposed pursuant to division (B)(2)(b) of section
2971.03 of the Revised Code or
division (A)(3)(e)(iii) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
Ten full years
and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Ten full years is not diminished by time off for good
behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(U)
A prisoner
serving a sentence of imprisonment for life for attempted rape of a child under
the age of thirteen with an attempted rape specification under section
2941.1420 of the Revised Code,
imposed pursuant to division (B)(2)(c) or (A)(3)(e)(iv) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
Fifteen full
years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Fifteen full years is not diminished by time off for
good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(V)
A prisoner
serving a sentence of imprisonment for life for attempted rape of a child under
the age of thirteen with an attempted rape specification under section
2941.1420 of the Revised Code
and a sexually violent predator specification under section
2941.148 of the Revised Code,
imposed pursuant to division (B)(2)(C) or (A)(3)(e)(iv) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
Fifteen full
years and is reduced by jail time credit pursuant to rule
5120-2-04 of the Administrative
Code.
(b)
Fifteen full years is not diminished by time off for
good behavior pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(W)
A prisoner
serving a sentence of imprisonment for life for sexual battery with a sexually
violent predator specification under section
2941.148 of the Revised Code
imposed pursuant to division (A)(3)(a) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
The minimum term
fixed by the sentencing court.
(b)
The minimum term
fixed by the sentencing court is not diminished by time off for good behavior
pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
(X)
A prisoner
serving a sentence of imprisonment for life for gross sexual imposition on a
child under the age of thirteen with a sexually violent predator specification
under section 2941.148 of the Revised Code
imposed pursuant to division (A)(3)(a) of section
2971.03 of the Revised Code,
committed on or after January 2, 2007:
(1)
Becomes eligible
for parole consideration after serving:
(a)
The minimum term
fixed by the sentencing court.
(b)
The minimum term
fixed by the sentencing court is not diminished by time off for good behavior
pursuant to rule
5120-2-05 of the Administrative
Code.
(2)
Is not eligible for judicial release.
(3)
Is not eligible
for release on transitional control.
Notes
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.03, 2929.04, 2907.02, 2907.12, 2907.10, 2929.71
Prior Effective Dates: 11/30/1987 (Emer.), 02/26/1988 (Emer.), 05/01/1988, 04/10/2003, 05/12/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2929.03, 2929.04, 2907.02, 2907.12, 2907.10, 2929.71
Prior Effective Dates: 11/30/87 (Emer.), 2/26/88 (Emer.), 5/01/88, 4/10/2003
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