Section 5120:1-1-42 - Designation of post-release control period as favorable or unfavorable when terminated(A) When an offender under a period of post-release control pursuant to section 2967.28 of the Revised Code has completed the period of post-release control, has the period of post-release control terminated by a court pursuant to section 2929.141 of the Revised Code, or has the period of post-release control terminated by a parole board hearing officer pursuant to paragraph (J) of rule 5120:1-1-41 of the Administrative Code, the adult parole authority shall classify the termination of post-release control as favorable or unfavorable depending on the offender's conduct and compliance with the conditions of supervision and in accordance with this rule. This designation shall be considered as a relevant factor in sentencing pursuant to section 2929.12 of the Revised Code if the offender is convicted of a felony offense subsequent to the completion or termination of the period of post-release control.(B) An offender's termination from post-release control shall be presumed to be favorable, unless the adult parole authority finds that an unfavorable designation is warranted under this rule. A favorable designation shall be placed on the final release certificate if the requirements for an unfavorable designation under this rule are not met.(C) In determining whether termination from post-release control is designated as unfavorable, the factors considered by the adult parole authority shall :include any failure to comply with conditions; any failure to comply with sanctions imposed in response to violation behavior; the commission of any new offenses while under supervision; whether an offender has exhausted all available prison sanction time; and any failure to make good faith efforts to pay restitution or other financial sanctions, excluding supervision fees imposed under rule 5120:1-1-02 of the Administrative Code. Ohio Admin. Code 5120:1-1-42
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: 2929.16, 2929.17, 2929.18, 2967.28
Prior Effective Dates: 11/01/2002, 03/28/2011, 12/01/2011