Ohio Admin. Code 5120:1-1-19

Current through all regulations passed and filed through December 2, 2024

Section 5120:1-1-19 - Procedures after revocation of release

(A) If, after a hearing provided for in rule 5120:1-1-18 of the Administrative Code, a person's release is revoked, whether or not the person shall be considered for further release prior to the expiration of his sentence depends upon the type of release and sentence or sentences he is serving.

(B) If the person was on shock parole, he shall be scheduled for a hearing to consider further release on shock parole prior to the expiration of his definite sentence, or initial parole eligibility if serving an indefinite sentence by the hearing officer in accordance with rule 5120:1-1-18 of the Administrative Code.

(C) If the person was on any type of release other than shock parole, from a pre-SB2 definite sentence, the person shall serve the balance of the pre-SB2 definite sentence.

(D) If the person had been released on parole after the expiration of the minimum sentence (with diminution) the person shall be scheduled for a parole release consideration hearing by the hearing officer or the parole board member in accordance with rule 5120:1-1-18 of the Administrative Code.

(E) If the person had been released on transitional control or pursuant to section 2967.05 of the Revised Code prior to his initial parole release consideration hearing, and that date has not yet passed, he shall be scheduled for a parole release consideration hearing at his initial eligibility date.

(F) If the person had been denied release at his initial parole release consideration hearing and released on transitional control or pursuant to section 2967.05 of the Revised Code prior to the end of the continuance, and that date has not yet passed, he shall be scheduled for a parole release consideration hearing at the end of the continuance.

Ohio Admin. Code 5120:1-1-19

Five Year Review (FYR) Dates: 1/15/2021 and 01/15/2026
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2967.15
Prior Effective Dates: 12/01/1993, 12/01/1995 (Emer.), 08/16/1996, 04/01/2005, 12/01/2008, 07/11/2016

Effective: 7/11/2016
Five Year Review (FYR) Dates: 01/07/2015 and 01/08/2021
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2967.15
Prior Effective Dates: 12/1/93, 12/1/95 (Emer), 8/16/96, 4/1/2005, 12/01/2008