Current through all regulations passed and filed through September 16, 2024
(A) The adult parole authority shall impose
upon the releasee such conditions of release on intermediate transitional
detention or on parole as it deems reasonably necessary to assist the releasee
in leading a law-abiding life during the period of supervision.
This rule does not apply to a prisoner sentenced to a prison
term for an offense committed on or after July 1, 1996.
(B) The adult parole authority shall impose
the following conditions of release:
(1) The
release shall abide by all federal, state, and local laws and ordinances and
all rules of the department of rehabilitation and correction or its licensed
facilities;
(2) The releasee shall
not leave the state without the written permission of the adult parole
authority;
(3) The releasee shall
comply with all lawful orders given him by duly authorized representatives of
the department of rehabilitation and correction or its licensed facilities,
which shall include any special conditions of release that may be issued orally
or in writing at any time during supervision;
(4) The releasee must not possess, own, use,
or have under his control, any firearm, deadly weapon, or dangerous ordnance;
(5) Each releasee on intermediate
transitional detention must be confined at the licensed intermediate
transitional detention facility except when the releasee is participating in an
approved program or is enroute between the facility and the program location.
each releasee on parole may be required to reside at a licensed facility or
other approved program facility, within the discretion of the adult parole
authority and under such terms and conditions established by the adult parole
authority;
(6) Each releasee must
abstain from consuming or possessing any type of alcohol or any unauthorized
drug or narcotic;
(7) Each
releasee must inform his supervising officer of any unavoidable or unusual
circumstances which prevent him from fulfilling his obligations under the shock
incarceration program; and
(8)
Each releasee on intermediate transitional detention shall satisfactorily
complete program requirements and demonstrate capability of meeting special
parole conditions, as established in paragraphs (E)(1) and (E)(2) of rule
5120-11-13
of the Administrative Code.
(C) The adult parole authority may require
additional conditions of release, provided:
(1) There is a reasonable relationship
between the conditions imposed and the releasee's previous conduct and present
condition;
(2) The conditions are
sufficiently specific to serve as a guide to supervision and conduct; and
(3) The conditions are such that
compliance is possible.
(D) In determining whether a releasee has
violated paragraph (B)(1) of this rule, the fact that there has been no
conviction or prosecution shall not prevent the adult parole authority from
commencing revocation proceedings pursuant to rule
5120-11-15
of the Administrative Code.
(1) A judicial
determination that a violation of law or ordinance has not been proved beyond a
reasonable doubt or a dismissal of criminal charges by a prosecutor, shall not
preclude the parole board from finding a violation of law or ordinance for the
purpose of revocation of release. a violation of the conditions of release may
be proved by substantial evidence considering the record as a whole.
(2) A finding of "no probable cause" by a
magistrate on pending criminal charges shall not affect the finding of a
violation of paragraph (B)(1) of this rule if additional evidence is considered
at the revocation hearing. if no additional evidence is considered at the
revocation hearing, the judicial determination of "no probable cause" shall be
conclusive that paragraph
(B)
(1) of this rule has not been violated.
