Ohio Administrative Code (Last Updated: January 12, 2021) |
5120:1 Division of Parole and Community Services |
Chapter5120:1-1. Release |
5120:1-1-01. Glossary of terms
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(A) Facility director: A "facility director" is a person designated as the head of community correctional center, halfway house resident center, or other suitable facility.
(B) Supervising authority: The "supervising authority" shall be the supervision sections of the adult parole authority.
(C) Suitable facility: A "suitable facility" is one that has been licensed by the adult parole authority pursuant to division (C) of section 2967.14 of the Revised Code.
(D) Confinement: "Confinement" shall mean restriction to the buildings or grounds of suitable facility.
(E) Violation of release: A "violation of release" shall occur when there is a failure to comply with the rules as established pursuant to administrative rules or laws.
(F) Releasee: A "releasee" shall be an offender released on parole, shock parole, post release control or transitional control by the Ohio parole board. No inmate or prisoner shall be considered to be a releasee until the inmate or prisoner has received papers authorizing release from the institution, has completed processing by the institutional personnel, and has physically departed from the institution.
(G) Aggravated murder: "Aggravated murder" shall be the crime of murder in the first degree for which an inmate was convicted and sentenced pursuant to Chapter 2901. of the Revised Code until January 1, 1974, and the crime for which an inmate is convicted and sentenced pursuant to Chapter 2903. of the Revised Code thereafter.
(H) Murder: "Murder" shall be the crime of murder in the second degree for which an inmate was convicted and sentenced pursuant to Chapter 2901. of the Revised Code until January 1, 1974, and the crime for which an inmate is convicted and sentenced pursuant to Chapter 2903. of the Revised Code thereafter.
(I) Inmate: "Inmate" shall include a prisoner, resident, convict, offender, or similar classification as used in the Revised Code or Administrative Code.
(J) Institution: "Institution" shall be defined as any penal institution operated directly by the department of rehabilitation and correction, which is used for the custody, care or treatment of criminal offenders.
(K) Spree of offenses: "Spree of offenses" is a series of offenses committed during a continuous course of related conduct. The decision that an offense has been committed in a spree of offenses shall be made initially by the institutional record clerk, in consultation with the chief of bureau of records management, subject to review by the chief of the adult parole authority.
(L) Shock parole: "Shock parole" shall be defined as a release granted pursuant to rule 5120:1-1-06 of the Administrative Code prior to regular parole eligibility or expiration of definite sentence pursuant to rule 5120:1-1-03 and Chapter 5120-2 of the Administrative Code.
(M) Escapee: An "escapee" is any inmate, including a furloughee or a prisoner released to intermediate transitional detention, who purposely breaks or attempts to break such detention or confinement as established by the department of rehabilitation and correction or any of its agencies, or purposely fails to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(N) Hearing officer interview: A part of the hearing process wherein an inmate personally appears before one or more hearing officers who review and evaluate available information concerning the inmate's case and formulates a recommendation which is provided to a designated parole board member.
(O) Parole board hearing panel: That body of the parole board designated by the parole board chair to conduct release consideration hearings. A panel may consist of one member or a designated number of members and/or hearing officers.
(P) Parole board minutes: The official public record of the decisions of the parole board.
(Q) Projected release date: An action taken by the parole board to establish a future date of release not less than six months or more than ten years from the date of the hearing based on the inmate complying with program and institution conduct requirements.
Five Year Review (FYR) Dates:
1/22/2020 and
01/10/2024
Promulgated
Under: 111.15
Statutory
Authority: 5120.01
Rule
Amplifies: 2967.01
Prior
Effective Dates: 10/15/1975, 08/18/1979, 08/01/1980, 04/21/1989, 07/01/1991,
03/16/1998 (Emer.), 06/01/1998, 04/01/2005,
04/15/2010
Prior History: (Five Year Review (FYR) Dates:
1/22/2020 and
01/10/2024
Promulgated
Under:
111.15
Statutory Authority:
5120.01
Rule Amplifies:
2967.01
Prior Effective Dates: 10/15/1975, 08/18/1979, 08/01/1980,
04/21/1989, 07/01/1991, 03/16/1998 (Emer.), 06/01/1998, 04/01/2005,
04/15/2010)