5120:1-1-41 Standards for imposing, modifying and reducing post-release control.

 

5120:1-1-41                 Standards for imposing, modifying and reducing post-release control.

 

 

 

(A)   The parole board shall review offenders sentenced to a prison term for an offense committed on or after July 1, 1996, to determine post-release control sanction(s) to take effect upon the prisoner's release from imprisonment.

 

(B)   The parole board shall order a period of post-release control of five years with one or more post-release control sanctions for offenders who were sentenced for felonies of the first degree or sex offenses. For offenders sentenced for felonies of the second degree and felonies of the third degree where the offender caused or threatened to cause physical harm to a person, the parole board shall order a period of post-release control of three years with one or more post-release control sanctions. The board shall order post-release control of up to three years, upon a prisoner who satisfactorily completes the entire period of imprisonment in an intensive program prison.

 

(C)The parole board may order post-release control for nonviolent felony three and all felony four and felony five (non sex offense) offenders for no greater than three years. The following guidelines apply but do not restrict the parole board from considering other factors in exercising its discretion under this rule.

 

(1)The parole board shall order post-release control for a minimum of one year for offenders serving sentences for non-violent felonies of the third degree, and felonies of the fourth or fifth degree in the commission of which the offender caused or threatened to cause physical harm to a person. The post-release control sanction, at a minimum, will be basic supervision, subject to later reduction to monitored time at the recommendation of the supervising officer. The following offenses are felonies of the fourth or fifth degree which require the imposition of post-release control under this rule: aggravated assault, assault, assault on a police officer, assault on a correctional officer, aggravated vehicular homicide, aggravated vehicular assault, domestic violence, menacing by stalking, endangering children, felony DUI.

 

(2)The parole board shall order post-release control for a minimum of one year for an offender who did not cause or threaten to cause physical harm to a person, if in the five-year period prior to the current admission date, the offender was convicted of two or more offenses (excluding the current offense) involving any felony or misdemeanor sex offense, any physical harm to others or dui. The post-release control sanction, at a minimum, will be monitored time, subject to a later increase to basic supervision at the recommendation of the

 

 

 

supervising officer.

(3) The parole board shall order post-release control for a minimum of one year for an offender who did not cause or threaten to cause physical harm to a person, if the sentencing entry from the court that imposed the prison sentence contains an order that the offender pay restitution or comply with any other sanction following release from prison, including a drug treatment program and drug and alcohol use monitoring. In addition to the sanction specified by the court, the parole board shall order monitored time as a sanction in such event.

(D)(C) Sanctions imposed by the parole board shall be commensurate with the overriding purposes of felony sentencing to protect the public and to punish the offender and may include the enforcement of financial sanctions imposed by the sentencing court. Sanctions may be imposed for rehabilitation, treatment, or incapacitation of the offender, or to accomplish any other purpose authorized by section 2929.11 of the Revised Code.

(E)(D) The parole board may order post-release control sanctions for nonviolent felony three and all felony four and five (non-sex offenses) for no greater than three years. In evaluating offenders and When imposing sanctions for post-release control, the parole board shall make its determinations based on available information pertaining to:

(1)    The offender's criminal history, including previous periods of probation and parole, or other community supervision

(2)   Juvenile court adjudications finding the offender to be a delinquent child.

(3)   The offender's conduct while imprisoned.

(4) Any  recommendations  made  by  the  office  of  victim  services  regarding post-release control sanctions.

(4) Any  information  provided  by  the  office  of  victim  services  regarding post-release control sanctions;

(5) Available supervision resources, including but not limited to: available beds in community residential sanctions, available community non-residential treatment options, and officer caseloads;

(6) Judicially imposed prison terms for post-release control sanction violations;

(7) Court ordered restitution of at least five hundred dollars.

(F) For the purpose of this rule and rule 5120:1-1-43 of the Administrative Code the following definitions shall apply:

(1) "Sanction" means, for the purpose of criminal sentencing pursuant to Chapter 2929. of the Revised Code, any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. Sanction includes any sanction imposed pursuant to any provision of sections 2929.16 to 2929.18 of the Revised Code.

(2) "Conditions of supervision" means those general and special rules and regulations with which offenders are expected to comply as part of the criminal sentencing sanction of basic supervision or intensive supervision, as requirements of probation or parole supervision under former law or as requirements that an offender obey the law, maintain appropriate contact with the supervising officer and obtain permission from the supervising officer before changing residence.

(3) "Special conditions of supervision" means special and specific conditions for individual cases that are related to the previous offense pattern and the probability of further law violations by the individual offender. Special conditions may be imposed by the court, by the parole board or by the field staff of the adult parole authority pursuant to policy.

(4) "Violation sanction" means an official response by the adult parole authority to a specific, documented violation of a condition of supervision. A sanction is a mechanism used to address and impact an offender's violation behavior. A sanction may be located in the community or in a prison.

(5) "Period of parole" means, for the purpose of granting parole or imposing post-release control pursuant to division (F)(5) of section 2967.28 of the Revised Code, that period of the offender's remaining sentence up to the maximum expiration of the sentence.

(G) Sanctions available for imposition by the parole board shall include but not be limited to, those included in sections 2929.16, 2929.17 and 2929.18 of the Revised Code. which are as follows:

(1) Halfway house;

(2) Alternative residential placement;

(3) Day reporting;

(4) Programming  for  education,  employment,  training,  and/or  treatment  for substance abuse;

(5) Community service;

(6) Monetary restitution;

(7) Fines;

(8) House arrest with or without electronic monitoring;

(9) Electronic monitoring with or without house arrest;

(10) Intensive supervision;

(11) Basic supervision;

(12) Monitored time;

(13) Curfew;

(14) Mandatory employment;

(15) Mandatory treatment;

(16) Mandatory education;

(17) Victim-offender mediation.

(H)(E) The adult parole authority may modify post-release control sanction by imposing a more or less restrictive sanction as necessary during the period of post-release control.

(1)   At any time during the period of post-release control applicable to the offender, the adult parole authority may review the offender's behavior under the post-release control sanction(s) that was imposed by the parole board.

(2)   The adult parole authority may determine that a more or less restrictive sanction as set forth in paragraph (G) of this rule is appropriate and may impose a different sanction.

(3)      If the adult parole authority determines that an offender has violated a post-release control sanction, the adult parole authority may impose a more restrictive sanction pursuant to rule 5120:1-1-42 of the Administrative Code or may report the violation to the parole board for a hearing pursuant to division (F)(3) of section 2967.28 of the Revised Code.

(4)     The adult parole authority shall not increase the duration of the offender's post-release control, or impose a residential sanction that includes a prison term, unless the parole board determines, at a violation hearing, that the offender violated a post-release control sanction or condition of supervision.

(5)   The offender shall be notified in writing of any modification of a sanction.

(6)   The parole board shall not extend the period of post-release control beyond the statutory limit for any offender described in paragraph (B) of this rule.

(I)(F) The post-release control term for felony one offenders and sex offenders (five years) shall not be reduced nor terminated by the parole board until completion of the full term. The post-release control term for all other offenders shall be subject to final release pursuant to section 2967.16 of the Revised Code.

(J)(G) The adult parole authority may recommend that the parole board reduce the period of post-release control imposed by the court or by the parole board with the exception of those offenders described in paragraph (I) (F) of this rule. When considering applications for reductions in the period of post-release control, the parole board may generally be guided by activities of the offender that tend to show that a reduction in the duration of post-release control is consistent with the purposes of felony sentencing.When considering applications for reductions in the period of post-release control, the parole board may generally be guided by the following standards:

(1) Demonstration of consistent law-abiding behavior.

(2) Activities of the offender that tend to show that a reduction in the duration of the post-release control is consistent with the purposes of felony sentencing.

(K)(H) If the maximum cumulative prison term for violations of post-release control (one-half of the stated prison term originally imposed) has been reached for an offender placed on post-release control under paragraph (C) (D) of this rule, the violation hearing officer of the parole board who determines that the offender should serve a prison term for the violation shall also impose a sanction of monitored time following service of the prison termterminate the period of post-release control.

Effective:                                11/1/2002

R.C. 119.032 review dates:    1/12/2006

CERTIFIED ELECTRONICALLY

Certification

08/28/2002 11:13 AM

Date

Promulgated Under:   119.03

Statutory Authority:   5120.01

Rule Amplifies:           2929.16, 2929.17, 2929.18,

2967.28

Prior Effective Dates: 12/20/96