5120-2-06 Earned credit for productive program participation.

 

 

 

5120-2-06                    Earned credit for productive program participation.

 

 

 

(A)   Except as provided in paragraphs (P), (Q), (R), (S), (T), (U) and (V) of this rule, any person confined in a state correctional institution may earn credit as a deduction from his sentence for each full month he productively participates in any academic or vocational program, prison industry, or alcohol and drug treatment, sex offender program, or mental health program specifically approved by the director. A person earning credit towards a sentence pursuant to section 2967.193 of House Bill 261 of the 117th General Assembly, for a crime committed prior to July 1, 1996 may earn two days of credit for such participation as described in paragraph (G) of this rule as a deduction from his minimum or definite sentence. A person earning credit towards a sentence for a crime committed on or after July 1, 1996 or otherwise sentenced pursuant to section 2967.193 of Senate Bill 2 of the 121st General Assembly, may earn one day of credit from his stated prison term.

 

(B)   The director or designee shall issue and maintain a list containing the specific name of each approved program at each institution. Programs may be added or deleted according to a procedure approved by the director. No inmate shall be awarded earned credit for participating in any program not specifically named on the director's list. The director's approved list shall be verified annually for each institution through the department's audit process.

 

(C)  The following types of programs may be approved for earned credit by the director as academic or vocational educational programs:

 

(1)  Adult basic literacy education (A.B.L.E.);

 

(2)   Pre-GED;

 

(3)   GED and high school;

 

(4)   College programs;

 

(5)   Vocational and apprenticeship programs;

 

(6)    Work extension program job assignments, where after successful completion, during the current incarceration, of an approved related institutional training program, the inmate applies the learned skills in the performance of his duties in his current institutional job assignment.

 

(D)    Prison industries that may be approved for earned credit by the director are those operated through Ohio penal industries.

 

 

 

 

(E)   The following types of programs may be approved for earned credit by the director as alcohol and drug treatment programs:

(1)   Therapeutic communities;

(2)   Residential alcohol and drug treatment programs;

(3)   Alcohol and drug day treatment programs;

(4)   Alcohol and drug treatment outpatient group counseling.

(5)   Continuing care programs.

(F)   The following types of programs may be approved for earned credit by the director as sex offender or mental health programs:

(1)   Residential sex offender programs;

(2)   Residential mental health programs;

(3)   Sex offender day treatment programs;

(4)   Mental health day treatment programs.

(G)    Inmates earning credit pursuant to House Bill 261 of the 117th General Assembly, may earn two days of credit for participating in an approved academic or vocational or prison industries program as defined in paragraphs (C) and (D) of this rule in addition to two days credit for participating in programs listed in paragraph (E) or

(F) of this rule. However, no inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participation in more than one academic or vocational education program or prison industry during a particular month. No inmate sentenced under House Bill 261 of the 117th General Assembly shall earn days of credit for participating in more than one residential or outpatient alcohol, drug, sex offender, or therapeutic community, or mental health treatment program during a particular month. Once an inmate earning credit pursuant to House Bill 261 of the 117th General Assembly has earned and has been properly credited with days of credit pursuant to this rule, the credit earned shall not be forfeited for any reason. Such inmates, therefore, are exempt from paragraph (N) of this rule, which describes conditions for possible withdrawal of previously earned credit for those inmates earning credit under Senate Bill 2 of the 121st General

Assembly.

(H)   Inmates earning credit pursuant to this rule sentenced under Senate Bill 2 of the 121st General Assembly may earn only one day of credit per month regardless of program participation, and such credit may be forfeited pursuant to paragraph (N) of this rule.

(I)   An inmate earning credit towards a minimum or definite sentence pursuant to House Bill 261 of the 117th General Assembly and also earning credit towards a stated prison term pursuant to Senate Bill 2 of the 121st General Assembly shall have the minimum or definite sentence and the stated prison term independently reduced by the appropriate days of earned credit applicable to that particular sentence or prison term.

(J)   In order to earn credit under this rule for a particular month, an inmate must enter the program on or before the first day of the month and continue participating in the program through the last day of the month. An inmate participating and remaining in good standing in an academic or vocational education program, which has a quarter or semester end during a month, shall be deemed to be participating in the program through the end of the month. An inmate who successfully completes a formal program resulting in the issuance of a certificate of completion during a month shall be deemed to have continued participating in the program through the end of that month.

(K)   Regardless of the reason for absence, an inmate must attend seventy-five per cent of the scheduled program/job sessions for any month in order to receive earned credit for that month.

(L)    No inmate will receive earned credit for program participation during any month in which he has had an unexcused absence from the program. Unexcused absence includes but is not limited to an absence caused by confinement in security control or disciplinary control as a result of a violation of institution rules.

(M)     No inmate shall earn credit during any month in which he exhibits behavior considered to be a hindrance to the productive participation of himself or others, such as excessive noise, disruption, sleeping on assignment or tardiness. Such behavior shall be documented by a conduct report and substantiated through a guilty finding of the hearing officer or rules infraction board.

(N)    Any inmate sentenced under Senate Bill 2 of the 121st General Assembly having plead or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as described in rule 5120-9-06 of the Administrative Code or a program related violations including thoseviolation, including the program related

violations described in paragraphs (L) and (M) of this rule, may have previously earned credit days forfeited. The rules infraction board, in addition to assessing any other appropriate disciplinary measures, may recommend the withdrawing of earned credit awarded from previous months. An inmate may not have more than fifty per cent of previously earned credit days withdrawn in any calendar month. If the fifty per cent calculation results in a one-half or half day remainder, the half day shall be rounded up to a full day. Such recommendation shall be reviewed by the warden for approval/disapproval/modification.

(O)     As soon as practicable after the last day of each month, the deputy warden or designee at each institution shall report to the record office supervisor the name of each inmate in the institution who has earned credit pursuant to this rule. Each month the record office supervisor shall credit the inmate appropriately with the credit earned for that month.

(P)    No inmate serving a prison term of one, three, five or six years for use of a firearm imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for an offense committed prior to July 1, 1996, or pursuant to division (D)(1) of section 2929.14 of the Revised Code, effective July 1, 1996, for an offense committed on or after July 1, 1996, shall earn or be awarded any days of credit pursuant to this rule for any program participation which occurs while serving any such period of actual incarceration. An inmate against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term in its entirety if he would otherwise be eligible for earned credit.

(Q)    An inmate who is granted a period of electronically monitored early release is not entitled, during that specified period of confinement, to earn any days of credit pursuant to this rule as a deduction from his prison term, regardless whether such prison term is for an offense committed before or after July 1, 1996.

(R)   No inmate may earn days of credit pursuant to this rule if he is serving a sentence of imprisonment for an offense, committed before July 1, 1996, of:

(1)   Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2)      Life  parole  eligibility  after  serving  twenty  full  years  for  the  offense  of aggravated  murder  with  one  of  the  specifications  enumerated  in  section

2929.04 of the Revised Code; or

(3)     Life with parole eligibility after serving thirty full years for the offense of aggravated  murder  with  one  of  the  specifications  enumerated  in  section

2929.04 of the Revised Code; or

(4)   Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5)   Life for rape or felonious sexual penetration; or

(6)   A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code in effect prior to July 1, 1996.

(S)     The following prison terms, for crimes committed on or after July 1, 1996 or otherwise imposed pursuant to Senate Bill 2 of the 121st General Assembly, shall not be reduced by any days of earned credit:

(1)    A prison term for a felony for which an indefinite term of imprisonment is imposed;

(2)   A mandatory prison term imposed pursuant to division (F) of section 2929.13 of the Revised Code, effective July 1, 1996, for:

(a)   Aggravated murder or murder;

(b)     Rape, felonious sexual penetration, or an attempt to commit rape or felonious sexual penetration by force when the victim is under thirteen years of age;

(c)   Any felony violation of section 2903.06 (aggravated vehicular homicide) or 2903.07 (vehicular homicide) of the Revised Code;

(d)    Any first, second or third degree felony drug offense for which the imposition of a mandatory prison term is required;

(e)    Any other first or second degree felony if the offender previously was convicted of or pled guilty to aggravated murder, murder or any first or second degree felony;

(f)     Any  felony,  other  than  a  violation  of  section  2923.12  (carrying  a

concealed weapon) of the Revised Code, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony; or

(g)   Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;

(3)    A mandatory prison term imposed pursuant to division (D)(2)(a) of section

2929.14 of the Revised Code, effective July 1, 1996, for being a repeat violent offender. If the court also imposes an optional, additional term pursuant to division (D)(2)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory prison term, may earn credit while serving the additional, optional prison term;

(4)    A mandatory ten year prison term imposed pursuant to division (D)(3)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for a drug offense or for otherwise being a major drug offender, for corrupt activity with the most serious offense in the pattern of corrupt activity being a first degree felony, or for attempted rape or felonious sexual penetration by force with the victim being under thirteen years of age. If the court also imposes an optional, additional term pursuant to division (D)(3)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory ten year prison term, may earn credit while serving the additional, optional prison term;

(5) An extension of a stated prison term imposed by the parole board as "bad time; and

(6)(5) A prison term imposed for a violation of post release control.

(T)    If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, the cumulative total of any days of credit awarded under this rule, rules 5120-2-07 and 5120-2-08 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for such inmate one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(U)   Days of credit earned pursuant to this rule shall be used for no purpose other than to reduce the inmate's definite or minimum sentence or his stated prison term. If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, once the inmate has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rules 5120-2-07 and 5120-2-08 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of year's before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary for such sentence.

Effective:	07/15/2011
R.C. 119.032 review dates:	01/10/2013
CERTIFIED ELECTRONICALLY
Certification
07/05/2011
Date
Promulgated Under:	111.15
Statutory Authority:	5120.01, 2967.193
Rule Amplifies: Prior Effective Dates:	2967.193 11/30/87 (Emer.), 2/29/88, 3/13/88, 8/27/00, 4/17/03