2006 Ohio Revised Code - 2967.13. Parole eligibility.

§ 2967.13. Parole eligibility.
 

(A)  Except as provided in division (G) of this section, a prisoner serving a sentence of imprisonment for life for an offense committed on or after July 1, 1996, is not entitled to any earned credit under section 2967.193 [2967.19.3] of the Revised Code and becomes eligible for parole as follows: 

(1) If a sentence of imprisonment for life was imposed for the offense of murder, at the expiration of the prisoner's minimum term; 

(2) If a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment was imposed pursuant to section 2929.022 [2929.02.2] or 2929.03 of the Revised Code, after serving a term of twenty years; 

(3) If a sentence of imprisonment for life with parole eligibility after serving twenty-five full years of imprisonment was imposed pursuant to section 2929.022 [2929.02.2] or 2929.03 of the Revised Code, after serving a term of twenty-five full years; 

(4) If a sentence of imprisonment for life with parole eligibility after serving thirty full years of imprisonment was imposed pursuant to section 2929.022 [2929.02.2] or 2929.03 of the Revised Code, after serving a term of thirty full years; 

(5) If a sentence of imprisonment for life was imposed for rape, after serving a term of ten full years' imprisonment; 

(6) If a sentence of imprisonment for life with parole eligibility after serving fifteen years of imprisonment was imposed for a violation of section 2927.24 of the Revised Code, after serving a term of fifteen years. 

(B)  Except as provided in division (G) of this section, a prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment or a sentence of imprisonment for life with parole eligibility after serving twenty-five full years or thirty full years of imprisonment imposed pursuant to section 2929.022 [2929.02.2] or 2929.03 of the Revised Code for an offense committed on or after July 1, 1996, consecutively to any other term of imprisonment, becomes eligible for parole after serving twenty years, twenty full years, or thirty full years, as applicable, as to each such sentence of life imprisonment, which shall not be reduced for earned credits under section 2967.193 [2967.19.3] of the Revised Code, plus the term or terms of the other sentences consecutively imposed or, if one of the other sentences is another type of life sentence with parole eligibility, the number of years before parole eligibility for that sentence. 

(C)  Except as provided in division (G) of this section, a prisoner serving consecutively two or more sentences in which an indefinite term of imprisonment is imposed becomes eligible for parole upon the expiration of the aggregate of the minimum terms of the sentences. 

(D)  Except as provided in division (G) of this section, a prisoner serving a term of imprisonment who is described in division (A) of section 2967.021 [2967.02.1] of the Revised Code becomes eligible for parole as described in that division or, if the prisoner is serving a definite term of imprisonment, shall be released as described in that division. 

(E)  A prisoner serving a sentence of life imprisonment without parole imposed pursuant to section 2907.02 or section 2929.03 or 2929.06 of the Revised Code is not eligible for parole and shall be imprisoned until death. 

(F)  A prisoner serving a stated prison term shall be released in accordance with section 2967.28 of the Revised Code. 

(G)  A prisoner serving a prison term or term of life imprisonment without parole imposed pursuant to section 2971.03 of the Revised Code never becomes eligible for parole during that term of imprisonment. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 1 (Eff 10-19-81); 139 v S 199 (Eff 7-1-83); 139 v H 269 (Eff 7-1-83); 140 v S 210 (Eff 7-1-83); 142 v H 5 (Eff 9-28-87); 142 v H 261 (Eff 11-1-87); 142 v H 708 (Eff 4-19-88); 144 v S 331 (Eff 11-13-92); 145 v H 571 (Eff 10-6-94); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 146 v H 445 (Eff 9-3-96); 146 v H 180 (Eff 1-1-97); 148 v S 107 (Eff 3-23-2000); 149 v H 485. Eff 6-13-2002.
 

The provisions of § 4 of SB 107 (148 v  - ) read in part as follows: 

SECTION 4. * * * Section 2967.13 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 180, Am. Sub. H.B. 445, and Am. Sub. S.B. 269 of the 121st General Assembly, with the new language of none of the acts shown in capital letters. * * * This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act. 

See provisions, § 4 of HB 180 (146 v  - ) following RC § 2921.34. 

See provisions, § 5 of SB 2 (146 v  - ), as amended by § 3 of SB 269 (146 v  - ), following RC § 2929.03. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section restates the former law that a person serving a sentence for felony becomes eligible for parole consideration after serving his minimum sentence less time off for good behavior, and that if his minimum term or terms exceed 15 years, he becomes eligible for parole after serving 10 full years. 

The section also provides that a person serving a life sentence for a capital offense becomes eligible for parole consideration after serving 15 full years. Under former law, a lifer was theoretically not eligible for parole at all. After serving 20 years (25 years in some cases), he was entitled to a "commutation hearing" at which the Parole Board was required to determine whether or not his sentence should be commuted and to make report and recommendation to the Governor accordingly. If the Governor commuted the sentence, the offender immediately became eligible for parole consideration. If the Governor did not commute the sentence, a commutation hearing was required at five-year intervals thereafter.