Ohio Admin. Code 5139-68-10

Current through all regulations passed and filed through October 28, 2024

Section 5139-68-10 - Discharge reviews

The purpose of this rule is to provide consistent guidelines and criteria on the release authority discharge review process.

(A) Youth may be discharged from the department from either parole status or institutional status based on the length of their sentence and the manner in which they are leaving the department's custody.

(B) Institutional discharges may occur when a youth's sentence reaches or exceeds age twenty-one, the youth is sentenced as an adult, the youth is transferred to the custody of another agency, the youth's sentence has been vacated or the youth has met the criteria for a medical discharge.

(C) When a youth is approved for release and placed on parole status, a period of parole supervision shall be set based on the youth's risk assessment level, public safety concerns and the expectations for parole. If a youth is judicially released prior to his MSED, then JJCMS extends the PPS to the MSED or age twenty-one if the MSED is greater than age twenty-one. Upon release, the youth shall be given a discharge eligibility date (DED).

(D) A discharge review shall be requested from the release authority according to the RARS. The regional administrator or designee shall make a recommendation for approval or denial.

(E) If the youth was judicially released or has an SYO sentence, court approval is required for any request to discharge the youth from ODYS custody.

(F) A board member shall consider information provided by the regional office and any information provided by the office of victim services, the registered victim, the court and the prosecutor.

(G) A discharge decision shall be based on whether or not the youth has completed his/her parole plan requirements or if there are public safety or treatment concerns that warrant an extension of the parole period.

Ohio Admin. Code 5139-68-10

Effective: 12/12/2019
Five Year Review (FYR) Dates: 9/27/2019 and 12/12/2024
Promulgated Under: 119.03
Statutory Authority: 5139.04
Rule Amplifies: 5139.50, 5139.51
Prior Effective Dates: 10/20/2014