Ohio Administrative Code
Title 5120 - Department of Rehabilitation and Corrections - Administration and Director
Chapter 5120-2 - Determination, Reduction of Sentence
Section 5120-2-19 - Recommended reduction of non-life felony indefinite prison term
Current through all regulations passed and filed through March 18, 2024
(A) This rule applies to the discretion granted to the director, under section2967.271 of the Revised Code, to recommend that a sentencing court reduce the minimum prison term of an incarcerated adult serving a non-life felony indefinite prison term.
(B) As used in this rule:
(C) An incarcerated adult may submit a petition that demonstrates exceptional conduct or adjustment to incarceration, or both, in order to be considered for a recommended reduction.
(D) An incarcerated adult can only be considered for a recommended reduction after having served at least half of the minimum portion of a non-life felony indefinite prison term, and if the incarcerated adult has less than two years remaining before the expiration of their minimum prison term.
(E) A recommended reduction, if granted by the sentencing court, will only apply to the non-life felony indefinite prison term that the incarcerated adult is currently serving.
(F) If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the first degree, the recommended reduction may be either a five per cent or a ten per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving. If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the second degree, the recommended reduction may be either a ten per cent or a fifteen per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving.
(G) Pursuant to division (F)(8) of section 2967.271 of the Revised Code, an incarcerated adult serving a non-life felony indefinite prison term for a sexually oriented offense will not be considered for a recommended reduction.
(H) An incarcerated adult serving a mandatory prison term, as defined under section2929.01 of the Revised Code, will not be considered for a recommended reduction until all mandatory prison terms have expired.