Section 5120:1-1-34 - Return to Ohio on a detainer(A) An offender under adult parole authority supervision who is in violation of his or her conditions of supervision or sanction and is apprehended outside the state of Ohio and held in the custody of an arresting or confining authority may be released to an Ohio detainer, placed against such offender pursuant to rule 5120:1-1-31 of the Administrative Code. (B) Upon receipt of notification that an offender subject to an Ohio detainer is about to be released, the chief of the adult parole authority, or his or her designee, in his or her discretion, shall either order the return of the offender to Ohio to the supervision and custody of the department of rehabilitation and correction, or, if applicable, reinstate the offender to supervision or to a sanction.(C) Such offender may be reinstated to supervision or returned to Ohio to serve a sentence, prison term, or an appropriate sanction. Return shall be pursuant to: (1) The interstate compact for the supervision of parolees and probationers; or(2) The Uniform Extradition Act; or(3) A free and voluntary waiver of extradition signed by such offender.(D) Upon return of the offender to Ohio, rules governing the processing of offender violations shall apply, as well as all rules concerning reinstatement of the offender to supervision or to an appropriate sanction.(E) All lawful costs incurred in confining the offender pending return of the offender to Ohio shall be borne by the department of rehabilitation and correction. (F) The provisions set forth in this administrative rule shall not apply to probationers or community control offenders under the supervision of the adult parole authority.Ohio Admin. Code 5120:1-1-34
Effective: 3/22/2021
Five Year Review (FYR) Dates: 1/4/2021 and 01/15/2026
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.02
Rule Amplifies: 2963.21
Prior Effective Dates: 10/15/1975, 12/20/1996