5120:1-1-42. Designation of post-release control period as favorable or unfavorable when terminated

(A) When an offender under a period of post-release control pursuant to section 2967.28 of the Revised Code has completed the period of post-release control, has the period of post-release control terminated by a court pursuant to section 2929.141 of the Revised Code, or has the period of post-release control terminated by a parole board hearing officer pursuant to paragraph (J) of rule 5120:1-1-41 of the Administrative Code, the adult parole authority shall classify the termination of post-release control as favorable or unfavorable depending on the offender's conduct and compliance with the conditions of supervision and in accordance with this rule. This designation shall be considered as a relevant factor in sentencing pursuant to section 2929.12 of the Revised Code if the offender is convicted of a felony offense subsequent to the completion or termination of the period of post-release control.

(B) An offender's termination from post-release control shall be presumed to be favorable, unless the adult parole authority finds that an unfavorable designation is warranted under this rule. A favorable designation shall be placed on the final release certificate if the requirements for an unfavorable designation under this rule are not met.

(C) The adult parole authority shall designate a termination from post-release control as unfavorable if any of the following apply:

(1) The offender has served all available administrative prison or jail sanction time.

(2) The offender has failed to comply with sanctions progressively imposed in response to violation behavior.

(3) The offender, within the six months prior to the completion of the period of post-release control, committed two or more misdemeanors (other than minor misdemeanor traffic offenses) , which resulted in convictions.

(4) The offender has failed to make good faith efforts regarding payment of restitution or other financial sanction, exclusive of supervision fees imposed under rule 5120:1-1-02 of the Administrative Code.

(5) The offender committed an assaultive misdemeanor or DUI within the six months prior to the completion of the period of post-release control, which resulted in a conviction.

(6) The offender committed a felony within the eight months prior to the completion of the period of post-release control, which resulted in a conviction.

Five Year Review (FYR) Dates: 03/10/2016 and 01/08/2021
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2929.16, 2929.17, 2929.18, 2967.28
Prior Effective Dates: 11/1/02, 3/28/11

Prior History: (Effective: 12/01/2011
R.C. 119.032 review dates: 01/12/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2929.16, 2929.17, 2929.18, 2967.28
Prior Effective Dates: 11/1/02, 3/28/11 )