Ohio Admin. Code 5120:1-1-10 - Initial and continued parole board hearing dates; projected release dates

(A) The initial hearing for each inmate who is parole eligible shall be held on or about the date when the prisoner first becomes eligible for parole pursuant to rule 5120:1-1-03 of the Administrative Code.

(B) In any case in which parole is denied at a inmate's regularly constituted parole hearing, the parole board shall:

(1) Set a projected release date in accordance with paragraph (D) of this rule, or

(2) Set the time for a subsequent hearing, which shall not be more than ten years after the date of the hearing, or for an individual who is parole eligible under section 2967.132 of the Revised Code, not more than five years. This paragraph, paragraph (B)(2) of this rule, applies to any individual who is eligible for parole consideration under section 2967.132 of the Revised Code.

(C) In any case where parole is denied the reasons for such denial shall be communicated to the inmate and the warden in writing.

(D) The parole board at any parole release consideration hearing may, in its discretion, establish a projected release date ten years or less in the future which, unless rescinded pursuant to this rule, would permit the inmate to be released without a further appearance before the parole board or a hearing panel. This date shall be subject to rescission within the discretion of the parole board and shall not create any expectation of release or entitlement to be released thereon.

(E) A projected release date greater than one year from the parole hearing date shall not be established for any prisoner serving a life sentence, sentence of fifteen years to life, or a sentence imposed for any offense pursuant to Chapter 2907. of the Revised Code.

(F) A projected release date shall be recorded and published in the official minutes of the parole board.

(G) The institution in which a inmate with a projected release date is confined shall, upon request, submit to the parole board an institutional summary report. This report shall summarize the inmate's conduct, adjustment and program participation subsequent to the granting of a projected release date.

(H) A parole board member designated by the chair of the parole board shall review the report as soon as practicable and shall determine if the release on the projected release date is still warranted, that the projected release date should be accelerated, that placement into the transitional control program should be approved, or that the projected release date should be rescinded.

(I) If the projected release date is not rescinded the inmate shall be released on or after the projected release date in the usual manner and following the standard procedures for releasing inmates.

Notes

Ohio Admin. Code 5120:1-1-10

Effective: 7/13/2023
Five Year Review (FYR) Dates: 4/19/2023 and 01/10/2028
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5149.02, 5149.10
Rule Amplifies: 2967.13
Prior Effective Dates: 07/01/1976, 01/02/1979, 11/01/1988, 11/21/1994, 03/16/1998 (Emer.), 06/01/1998, 04/01/2005, 04/15/2010, 06/28/2013, 01/15/2022