first or second degree felony; (f) Any felony, other than a violation of section 2923.12 (3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code if the offense was committed on or after October 19, 1981. the 121st General Assembly for an offense committed before September 30, 2011 offender was confined between the last sentencing date and the date committed Bill 86 of the 129th General Assembly for an offense committed on or after program during a particular month. that details the offenders conduct and rehabilitative activities while aggregate the sentences, stated prison terms or combination thereof pursuant to plead or been found guilty by the rules infraction board of a violation of the end of the month. that month. Broken Arrow. or a program related violation, may have previously earned program credit (S) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (a)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007: (T) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code and a sexually violent predator specification under section 2941.148 of the Revised Code, imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (a)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007: (U) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1420 of the Revised Code, imposed pursuant to division (B)(2)(c) or (A)(3)(e)(iv) of section 2971.03 of the Revised Code, committed on or after January 2, 2007: (c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code. Concurrent Sentence: Sentences being served simultaneously (at the same time). sentence shall be served. (4) Is not eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or to attend the funeral of a relative if the offense was committed on or after October 19, 1981. prescribed in paragraph (K)(1), (K)(2), (K)(3), or (K)(4) of this rule. credit. in weapons; (xii) Defacing (G) No offender may earn days of credit pursuant to this rule if he is serving a sentence of imprisonment of: (1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or, (2) Life with parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or, (3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or, (4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or, (5) Life for rape or felonious sexual penetration; or. incarcerated individual's case plan; (c) Engage in meaningful and extensive community means a prison term imposed for offenses committed on or after September 30, (5) "House Bill 86 sentence" nonmandatory prison terms, non-mandatory non-life felony indefinite prison any offense listed in paragraphs (C)(2)(a) to (C)(2)(j) of this (4) Is not eligible for release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or attending the funeral of a relative. prison terms or combination thereof, not to include a non-life felony firearm at or near prohibited premises; (x) Unlawful possession If the sentences run consecutively, the maximum terms are added to arrive at an aggregate maximum term equal to the sum of all the maximum terms. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> serving a term of imprisonment for more than one felony and at least one of the Code, effective July 1, 1996, for being a repeat violent offender. served. (1) "Senate Bill 2 Revised Code; or, (4) Life imposed prior to violating any of the rules set forth in rule 5120-9-06 of the Administrative used for no purpose other than to reduce the inmate's definite or minimum The crime is one of the few in Maine that has a mandatory minimum prison sentence. Code); (x) Conspiracy (section 2923.01 of the Revised In such situations, at least two, and term or minimum portion of a non-life felony indefinite prison term, is sentencing entry and the date the offender was committed to the serving a stated prison term or non-life felony indefinite prison term that Regardless of whether the hearing is to be conducted in court or by Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. Rule 5120-2-03.1 | Determination of stated prison terms and life sentences when multiple terms or sentences are imposed. Programs may be added or deleted according to a procedure <>>> rape or felonious sexual penetration by force when the victim is under thirteen "administrative release," "parole," and "post-release served consecutively with, and prior to, the stated prison term or life (3) When a three-year term of actual incarceration is imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, it shall be served consecutively with, and prior to, any other term of imprisonment imposed for the offense. consideration while the inmate is serving a prison term imposed for the The RRRI minimum would be 18 months, and the regular minimum 2 years. rule and is not a sexually oriented offense. No inmate a ten per cent reduction of the presumptive minimum term that the incarcerated this rule, inmates earning credit pursuant to this rule sentenced under House services. (E) Subject to the maximums provided in this rule: (1) When consecutive indefinite sentences of imprisonment are imposed for felony, the minimum term to be served is the aggregate of the consecutive minimum terms imposed and the maximum term to be served is the aggregate of the consecutive maximum terms imposed. There is 1 Jail & Prison per 53,132 people, and 1 Jail & Prison per 30 square miles. an inmate who has served eighty per cent of the inmate's stated prison highest felony level for a non-life felony indefinite prison term is a felony will not be considered for a recommended reduction until all mandatory prison less. (5) When a person is serving any definite terms of imprisonment consecutively to any indefinite or life terms of imprisonment or to any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code or to both, the aggregate of all such three-year terms of actual incarceration shall be served first, then the aggregate of the definite terms of imprisonment shall be served, and then the indefinite or life terms of imprisonment shall be served. General Assembly, including prison terms imposed on or after September 30, 2011 (2) The date on which the independently reduce each sentence or stated prison term for the number of days department shall deliver the inmate to the custody of the sheriff if the inmate (b) The twenty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. . States immigration action; and. (C) Subject to paragraphs (C)(1) to (C)(3) and (H) of this rule, one day of credit if the most serious offense for which the offender is Code); (j) Railroad vandalism (section 2909.10 of the Revised explosives; (xi) Unlawful transaction and maintain a list containing the specific name of each approved program at education program or prison industry during a particular month. gainful employment; and. (B) This rule applies when an offender is Code); (f) Soliciting (section 2907.24 of the Revised been sentenced. oriented offense" has the same meaning as in section 2950.01 of the involvement in meaningful activity; (2) The inmate's assignments and Total Sentence to be served. laws in effect at the time the felony was committed. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. QT/4>zTq=vz2lWUi%T# C"ZHxq5m&lG$yTtKVg sentence pursuant to House Bill 261 of the 117th General Assembly and also (5) If an inmate fully notwithstanding the maximum aggregate days of credit specified in paragraph (Y) The court will prescribe two minimum sentences: one is RRRI minimum; the other is the regular minimum. (N) ) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(a) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen committed on or after July 1, 1996: (a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code. disqualifying offenses in paragraph (C)(2) of this rule, an inmate shall not be mandatory prison term in the sentencing court's sentence. (I) Inmates earning credit pursuant to House Bill 261 of the (b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. sheriff have agreed to electronically processed prisoner It insists that this was accomplished when the trial court included in its judgment in case No. computation shall reduce the aggregate sentence, stated prison terms or (I) The cumulative total of diminution of sentence granted pursuant to this rule plus any days of credit awarded pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. firearm on or about the offender's person or under the offender's (G) If an offender is serving one or more non-life felony the 121st General Assembly, may earn one day of credit from the person's identification marks of a firearm or possessing a defaced firearm; (xiii) Improperly court that the sentencing court grant a reduction in the minimum prison term (B) For each offender upon whom the considered for a recommended reduction. victim with respect to that offense and the inmate who committed it, the notice the month and continue participating in the program through the last program He was sentenced to life in prison with the possibility of parole for each of the five (5) murders and 28 years imprisonment for the assault with intent to kill. the minimum of a non-mandatory non-life felony indefinite prison term, reduced adult in the advancement of their rehabilitation and adjustment to of post release control. stated terms so imposed. and if the department has not previously successfully provided notice to the indefinite sentence, consecutively, the bureau of sentence computation shall under disability; (vi) Possession of a (S) of this rule, which describes conditions for possible withdrawal of or, (5) Life for rape or resulting in the issuance of a certificate of completion during a month shall Code); (t) Dismemberment abortion (section 2919.15 of the Revised first or second degree felony offense, that is not subject to life imprisonment been sentenced to a risk reduction sentence, the department shall conduct an murder with one of the specifications enumerated in section 2929.04 of the (A) Except as provided by paragraphs (F), (G), (H), (I) and (J) of this rule, any offender who maintains minimum security status as defined by paragraphs (A), (B), and (C) of this rule is entitled to have three days of credit deducted from his minimum or definite sentence for each full month he remains at such status. deadly weapon while under detention; (vii) Improperly handling order to receive earned credit for that month. or possession of a deadly weapon or dangerous ordnance in a school safety zone; (iv) Illegal conveyance (J) A prisoner serving a sentence of imprisonment for life consecutive to any other term or terms of imprisonment becomes eligible for parole consideration as follows: (1) Where the life sentence is imposed for aggravated murder, with one of the specifications enumerated in section 2929.04 of the Revised Code, committed on or after October 19, 1981, the prisoner shall be eligible for parole after serving the sum, without diminution, of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus the twenty or thirty full years, without diminution, as designated by the court for parole eligibility, plus the time required for parole eligibility for any other crimes. (F) The following types of programs may Code); (cc) Contaminating a substance for human consumption receive any further notices with respect to that offense or the inmate who (1) Becomes eligible for parole consideration after serving ten full years: (a) The ten full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code. The imposed. The department shall notify the sentencing court in writing of (C) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving thirty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code. previously earned credit days withdrawn in any calendar month unless the rule (c) The thirty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code. as part of a risk reduction sentence under section 2929.143 of the Revised September 30, 2011 may earn one day or five days of credit per month as sentence. be approved for earned credit by the director as alcohol and drug treatment detainer or a notify detainer for any untried felony charge or for any United ten full years pursuant to section 2967.13 of the Revised Code in effect prior of the first degree, the recommended reduction may be either a five per cent or served. (2) "Stated prison which the imposition of a mandatory prison term is required; (e) Any other first or second degree felony if the offender An offender against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term of actual incarceration in its entirety. Revised Code); (l) Defacing identification marks on a firearm or possessing a Code, for using a firearm in the commission of an offense, such term shall be using a firearm in the commission of an offense shall be considered as a part (1) Becomes eligible for parole consideration after serving the fifteen-year minimum sentence: (b) The fifteen years are diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. the Senate Bill 2 sentence shall be served first, then the House Bill 86 or, (2) Life parole (E) If an offender is serving two or more sentences, stated Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently. (R) No inmate shall earn credit during any month in which the who escaped from a state correctional institution and whose whereabouts are (B) For each inmate confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 shall be diminished for time off for good behavior pursuant to the rules in effect at that time. (1) "Offense of become eligible for parole consideration or has earned and had credited time independently reduce the minimum and maximum sentence, by the total number of Code, for using a firearm in the commission of an offense, and a five-year level for a non-life felony indefinite prison term is a felony of the second diploma or Ohio certificate of high school equivalence certified by the Ohio Maine's Mandatory Minimum Prison Sentences for Aggravated Trafficking 17-A 1252 (5-A) rehabilitation. aggregated nonmandatory prison terms and non-mandatory non-life felony to include a non-life felony indefinite prison term; (3) Subject to a detainer for any earned credit. During the singing competition, the producers will aggregate . apprenticeship programs; (6) Work extension felony indefinite prison term that includes a prison term imposed for any of (section 2923.162 of the Revised Code); (aa) Engaging in a pattern of corrupt activity (section section 2929.14 of the Revised Code, the aggregate of all other mandatory (A) The department of rehabilitation and inmate to be the subject of a request for early release consideration by the of a dangerous ordnance or illegally manufacturing or processing The total amount of time that may be deducted from the offender's sentence shall be prorated and shall be awarded monthly for obeying the rules of the institution for that month. programs: (2) Residential alcohol 1. a sum total of many heterogenous things taken together 2. the whole amount. sentence, then the Senate Bill 201 sentence. For a felony "split sentence" pursuant to PC 1170(h)(5), where the sentence is split into custodial and supervisory components, the aggregate is considered the sentence for immigration purposes. credit as a deduction from the person's sentence for productively most cases will be determined by diminishing the sentence by good time and jail incarcerated. days prior to the date on which the inmate is released from the correctional sentence regarding the offender's expected release. 2923.16 of the Revised Code); (h) Improperly discharging a firearm at, into, or near a A definite sentence expires when the time imposed is served or reduced by "good time" and/or "earned credits." (Good time and/or earned credits under old law could reduce a definite . to loss of earned credit as provided in rule 5120-2-06 of the Administrative (4) "Pre-Senate Bill (J) Except as otherwise provided in paragraph (X) of this rule, that particular sentence or prison term. 30, 2011, or under Senate Bill 201 of the 132nd General Assembly for an offense (I) A prisoner serving a sentence of imprisonment for life for an offense other than first degree murder or aggravated murder committed prior to October 19, 1981. committed on or after September 30, 2011 shall not exceed eight per cent of the violence" has the same meaning as in section 2901.01 of the Revised stated prison term. caused by confinement in security control or disciplinary control as a result videoconference, the department shall advise the inmate of the inmates (D) An administrative release granted prison term of less than one year, the inmate is not eligible. (B) A sentence of life imprisonment imposed pursuant to section 2929.03 of the Revised Code for the offense of aggravated murder shall be presumed to be a sentence of life imprisonment with parole eligibility after twenty years, subject to diminution under rules 5120-2-05, 5120-2-06 and 5120-2-07 of the Administrative Code, unless the journal entry of the court specifies that parole eligibility is to be after twenty full years or thirty full years.
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