Ohio Administrative Code Title 5120:1 - Division of Parole and Community Services
Overview: Ohio Administrative Code Title 5120:1 - Division of Parole and Community Services
The Ohio Administrative Code Title 5120:1 governs the rules and regulations of the Division of Parole and Community Services, which is a part of the Ohio Department of Rehabilitation and Correction (ODRC). This division oversees parole supervision, community corrections, and reintegration of offenders into society after release from incarceration.
The rules set forth in this title regulate the administration of parole, community service programs, supervision conditions, violation procedures, and the rights and responsibilities of parolees.
Key Areas Covered in Title 5120:1
General Provisions and Definitions
Definitions of parole-related terms such as “parole,” “parole board,” “community control,” and “supervision.”
Parole Eligibility and Granting
Criteria for eligibility for parole.
Procedures for parole hearings and decision-making.
Conditions of Parole and Community Supervision
Rules on standard and special conditions imposed on parolees.
Requirements for reporting, employment, residence, and behavior.
Revocation and Violation Procedures
Procedures for handling alleged parole violations.
Hearings and sanctions related to violations.
Community Services and Programs
Guidelines for community service placement.
Supervision and monitoring of offenders in community-based programs.
Rights and Responsibilities of Parolees
Parolee rights during supervision and violation hearings.
Obligations to comply with conditions and cooperate with officers.
Detailed Explanation of Select Provisions
1. Parole Eligibility and Granting (OAC 5120:1-xx)
Eligibility: Inmates become eligible for parole based on statutory guidelines, including time served, nature of offense, and behavior.
Parole Board Authority: The Parole Board has discretion to grant or deny parole based on risk assessment, rehabilitation progress, and public safety.
Hearing Procedures: Parole hearings must follow due process, including notification, opportunity to present evidence, and representation.
Relevant Case Law:
State ex rel. Collins v. Ohio Adult Parole Auth., 107 Ohio St.3d 287 (2006):
The Ohio Supreme Court ruled that parole decisions are discretionary but must follow established procedures.
The case clarified that the parole board is not required to provide reasons for parole denial beyond statutory criteria.
State ex rel. M.C. v. Ohio Adult Parole Auth., 129 Ohio St.3d 193 (2011):
The court held that parole eligibility does not guarantee release and parole board discretion is broad, but it must not be arbitrary or capricious.
2. Conditions of Parole and Supervision (OAC 5120:1-xx)
Standard Conditions: Reporting to parole officers, maintaining employment, avoiding criminal activity.
Special Conditions: Tailored to individual risk factors, such as drug testing, treatment programs, or residency restrictions.
Modification: Conditions can be modified based on parolee behavior and circumstances.
Relevant Case Law:
State v. Muncy, 6th Dist. Lucas No. L-04-1227 (2005):
The court upheld special parole conditions when reasonably related to rehabilitation and public safety.
Emphasized the balance between supervision and parolee rights.
State ex rel. Sims v. Ohio Adult Parole Auth., 113 Ohio St.3d 293 (2007):
Affirmed parole officers’ authority to impose reasonable conditions and the need for parolees to comply or face revocation.
3. Violation and Revocation Procedures (OAC 5120:1-xx)
Alleged Violations: If parolees fail to comply, officers can initiate a violation report.
Hearings: Parolees have a right to a revocation hearing before their parole can be revoked.
Sanctions: May range from warnings to return to prison.
Relevant Case Law:
Morrissey v. Brewer, 408 U.S. 471 (1972):
Though a federal case, it set foundational due process standards for parole revocation hearings: timely notice, opportunity to be heard, and an impartial decision-maker.
Ohio law incorporates these principles into OAC procedures.
State ex rel. Smith v. Ohio Adult Parole Auth., 107 Ohio St.3d 180 (2005):
The Ohio Supreme Court ruled that parole revocation requires proof by a preponderance of evidence and adherence to procedural safeguards.
4. Community Services and Programs (OAC 5120:1-xx)
Placement: Parolees may be assigned to community service or treatment programs as part of supervision.
Monitoring: Agencies monitor compliance with program requirements.
Reintegration: Emphasis on supporting parolees’ successful return to society.
Relevant Case Law:
State v. Williams, 117 Ohio St.3d 381 (2008):
The court recognized the importance of community programs in reducing recidivism.
Affirmed that participation in such programs may be a condition of parole, enforceable under OAC rules.
Summary of Legal Principles
The Division of Parole and Community Services operates under rules designed to balance public safety, parolee rehabilitation, and procedural fairness.
Parole decisions involve discretion but must follow due process.
Parole conditions must be reasonable, related to rehabilitation, and not violate constitutional rights.
Revocation procedures incorporate constitutional safeguards and require evidence-based decisions.
Community programs play a vital role in parole supervision.
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