5120:1-1-34. Return to Ohio on a detainer

(A) An offender under adult parole authority supervision who is in violation of his conditions of supervision or sanction and is apprehended outside the state of Ohio and held in the custody of an arresting or confining authority may be released to an Ohio detainer, placed against such offender pursuant to rule 5120:1-1-31 of the Administrative Code.

(B) Upon receipt of notification that an offender subject to an Ohio detainer is about to be released, the chief of the adult parole authority, or his designee, in his discretion, shall either order the return of the offender to Ohio to the supervision and custody of the department of rehabilitation and correction, or, if applicable, reinstate the offender to supervision or to a sanction.

(C) Such offender shall be returned to Ohio for serving of sentence or prison term or reinstatement to supervision or to an appropriate sanction. Return shall be pursuant to:

(1) The interstate compact for the supervision of parolees and probationers; or

(2) The Uniform Extradition Act; or

(3) A free and voluntary waiver of extradition signed by such offender.

(D) Upon return of the offender to Ohio, rules governing the processing of offender violations shall apply, as well as all rules concerning reinstatement of the offender to supervision or to an appropriate sanction.

(E) All lawful costs incurred in confining the offender pending return of the offender to Ohio shall be borne by the department of rehabilitation and correction.

(F) The provisions set forth in this administrative rule shall not apply to probationers or community control offenders under the supervision of the adult parole authority.

Five Year Review (FYR) Dates: 03/10/2016 and 01/08/2021
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2963.21
Prior Effective Dates: 10/15/75, 12/20/96, 1/4/2011

Prior History: (R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2963.21
Prior Effective Dates: 10/15/75, 12/20/96 )