2006 Ohio Revised Code - 2967.16. Final release; restoration of rights and privileges.

§ 2967.16. Final release; restoration of rights and privileges.
 

(A)  Except as provided in division (D) of this section, when a paroled prisoner has faithfully performed the conditions and obligations of the paroled prisoner's parole and has obeyed the rules and regulations adopted by the adult parole authority that apply to the paroled prisoner, the authority upon the recommendation of the superintendent of parole supervision may enter upon its minutes a final release and thereupon shall issue to the paroled prisoner a certificate of final release, but the authority shall not grant a final release earlier than one year after the paroled prisoner is released from the institution on parole, and, in the case of a paroled prisoner whose minimum sentence is life imprisonment, the authority shall not grant a final release earlier than five years after the paroled prisoner is released from the institution on parole. 

(B) (1)  When a prisoner who has been released under a period of post-release control pursuant to section 2967.28 of the Revised Code has faithfully performed the conditions and obligations of the released prisoner's post-release control sanctions and has obeyed the rules and regulations adopted by the adult parole authority that apply to the released prisoner or has the period of post-release control terminated by a court pursuant to section 2929.141 [2929.14.1] of the Revised Code, the authority, upon the recommendation of the superintendent of parole supervision, may enter upon its minutes a final release and, upon the entry of the final release, shall issue to the released prisoner a certificate of final release. In the case of a prisoner who has been released under a period of post-release control pursuant to division (B) of section 2967.28 of the Revised Code, the authority shall not grant a final release earlier than one year after the released prisoner is released from the institution under a period of post-release control. The 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. In the case of a released prisoner whose sentence is life imprisonment, the authority shall not grant a final release earlier than five years after the released prisoner is released from the institution under a period of post-release control. 

(2) The department of rehabilitation and correction, no later than six months after the effective date of this section shall adopt a rule in accordance with Chapter 119. of the Revised Code that establishes the criteria for the classification of a post-release control termination as "favorable" or "unfavorable." 

(C)  The following prisoners or person shall be restored to the rights and privileges forfeited by a conviction: 

(1) A prisoner who has served the entire prison term that comprises or is part of the prisoner's sentence and has not been placed under any post-release control sanctions; 

(2) A prisoner who has been granted a final release by the adult parole authority pursuant to division (A) or (B) of this section; 

(3) A person who has completed the period of a community control sanction or combination of community control sanctions, as defined in section 2929.01 of the Revised Code, that was imposed by the sentencing court. 

(D)  Division (A) of this section does not apply to a prisoner in the shock incarceration program established pursuant to section 5120.031 [5120.03.1] of the Revised Code. 

(E)  The adult parole authority shall record the final release of a parolee or prisoner in the official minutes of the authority. 
 

HISTORY: 130 v PtII, 156 (Eff 3-18-65); 131 v 687 (Eff 11-1-65); 145 v H 314 (Eff 9-29-94); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 148 v S 107 (Eff 3-23-2000); 149 v H 327. Eff 7-8-2002.
 

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