2006 Ohio Revised Code - [2967.19.1] 2967.191.Reduction of prison term for related days of confinement.

[§ 2967.19.1] § 2967.191. Reduction of prison term for related days of confinement.
 

The department of rehabilitation and correction shall reduce the stated prison term of a prisoner or, if the prisoner is serving a term for which there is parole eligibility, the minimum and maximum term or the parole eligibility date of the prisoner by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial, confinement for examination to determine the prisoner's competence to stand trial or sanity, and confinement while awaiting transportation to the place where the prisoner is to serve the prisoner's prison term. 
 

HISTORY: 131 v 688 (Eff 10-20-65); 134 v H 511 (Eff 3-23-73); 137 v H 565 (Eff 11-1-78); 138 v H 1000 (Eff 4-9-81); 139 v S 199 (Eff 7-1-83); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 147 v S 111. Eff 3-17-98.
 

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 to Comment to H 511

This section mandates reduction of both the minimum and maximum terms of imprisonment imposed for felony by the number of days during which the prisoner was confined awaiting trial, sentence, transportation to the penitentiary or reformatory, or for any other reason arising out of the case for which he was sentenced, including confinement during an examination to determine his sanity. As a practical matter, the chief effect of the section is to advance the date on which the prisoner first becomes eligible for parole consideration. If a prisoner is never paroled, however, the date on which he is entitled to his final discharge must be advanced under this section by the number of days "dead time" spent prior to his commitment. Similarly, if a person is placed on probation or parole, the date of his final discharge must be advanced by the "dead time" to which he is entitled, if the advanced discharge date would occur sooner than the expiration of his period of probation or parole. 

Under the former statute, an offender was not entitled to a "dead time" credit unless the sentencing court recommended that he be given such credit and the Parole Board chose to follow the court's recommendation. The credit was made mandatory under decisions of the U.S. District Courts for both the Northern and Southern Districts of Ohio, on the theory that the law would otherwise unconstitutionally discriminate against poor offenders who languish in jail awaiting trial because they are unable to make bail. Workman v. Cardwell, 60 Ohio Op.2d 187, 31 OMisc. 99, 338 F. Supp. 893 (USDC, ND Ohio, 1972); Mallory v. State, 59 Ohio Op.2d 218, 31 OMisc 113, 281 N.E.2d 860 (USDC, SD Ohio, 1972). Since the mandatory credit for dead time was included in H.B. 511 as introduced in March, 1971, the bill anticipated these decisions. (Effective March 23, 1973). 

See related RC § 2949.12. 


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