Pursuant to R.C. 2929.20, judicial release permits offenders in Ohio who have served a portion of their stated sentence to be released early from prison. Upon the filing of a Motion for Judicial Release, the court in which the person was sentenced must determine whether to grant or deny the motion. The court can considering many factors in determining whether or not to release the person early.

Unfortunately, many people listen to the advice of other inmates when filing a Motion for Judicial Release pro se (i.e., without an attorney). This can be a costly mistake as a person can typically only file this motion once. Having an experienced and knowledgeable attorney can be the difference in your motion for judicial release being granted or denied. Call Johnson Legal, LLC at (614) 987-0192 to discuss your eligibility for judicial release in Ohio.

What is Judicial Release in Ohio?

Judicial release, formerly known as “shock probation,” permits a person to apply for early release from prison if the person is an “eligible offender” pursuant to R.C. 2929.20. An “eligible offender” is any person who is serving a stated prison term that includes one or more nonmandatory prison terms. A person is not eligible for judicial release if the person is serving a prison term for any of the following felony offenses:

Furthermore, a person is not eligible for judicial release if the person is serving a prison term for any of the following felony offenses, when the conduct constituting the offense was related to the duties of the person’s public office or to the person’s actions as a public official:

In addition to the offenses listed above, conspiracy to commit, attempt to commit, or complicity to commit any offenses listed above will result in the person being ineligible for judicial release.

If you are serving only a mandatory prison term, you are not eligible for judicial release. You must be serving a nonmandatory prison term alone, or a nonmandatory and mandatory prison term.

Eligible Offenders Can Be Denied Judicial Release

A court cannot grant judicial release to an eligible offender if the offender is in prison for a first or second degree felony, or to a person who committed an offense under Chapter 2925 (drug offense) or 3719 (controlled substances) of the Ohio Revised Code when there was a presumption of a prison term, unless the court, after considering certain factors pursuant to R.C. 2929.12, finds both of the following:

That a sanction other than a prison term would adequately punish the offender and protect the public from future criminal violations because the applicable factors indicating a lesser likelihood of recidivism outweigh the factors indicating a greater likelihood of recidivism; and
That a sanction other than a prison term would not demean the seriousness of the offense because the factors indicating that the person’s conduct was less serious than conduct normally constituting the offense outweigh the factors indicating that the eligible offender’s conduct was more serious than conduct normally constituting the offense.

When Can a Person File for Judicial Release in Ohio?

A person who is an “eligible offender” may file for judicial release within the following periods:

If the nonmandatory prison term is less than two (2) years, the eligible offender may file a Motion for Judicial Release at any time after the person is transported to prison. If the prison term includes a mandatory prison term, the person may file at any time after the expiration of the mandatory prison term.
If the nonmandatory prison term is not less than two (2) years, but less than five (5) years, an eligible offender may file for judicial release one hundred eighty (180) days after being transported to prison. If the prison term includes a mandatory prison term, the person may file one hundred eighty (180) days after the expiration of the mandatory prison term.
If the nonmandatory prison term is five (5) years, an eligible offender may file for judicial release after serving four (4) years of the stated prison term. If the prison term includes a mandatory prison term, the person may file for judicial release four (4) years after the expiration of the mandatory prison term.
If the nonmandatory prison term is more than five (5) years, but less than ten (10) years, the eligible offender may file for judicial release after serving five (5) years. If the prison term includes a mandatory prison term, the person may file for judicial release five (5) years after the expiration of the mandatory prison term.
If the nonmandatory prison term is more than ten (10) years, an eligible offender may file for judicial release after serving one-half (1/2) of the stated prison term.

In addition to the above-described eligibility time frames, the court may grant judicial release at any time during the person’s sentence (except for those serving life sentences) when the director of rehabilitation and correction certifies to the court that the person is in imminent danger of death, medically incapacitated, or suffering from a terminal illness.

Filing for Judicial Release in Ohio – What Happens Next

Upon receiving a Motion for Judicial Release by an eligible offender that complies with the above listed time periods, the court may deny the motion without a hearing or will schedule a hearing on the motion. The court cannot grant the motion without a hearing. If the court denies the motion without a hearing, the court may later consider the Motion for Judicial Release. However, if the court denies the motion “with prejudice,” the court will not consider the motion at a future date.

If a hearing is scheduled and the motion is denied, the court will not consider a subsequent motion for judicial release. The court will only hold one hearing for an eligible offender.

If the court schedules a hearing, the hearing will be scheduled 30 – 60 days after the motion is filed. However, the court may delay the hearing for one hundred eighty (180) days. The court will enter a ruling within ten (10) days after the hearing. If the court denies the motion without a hearing, the court will enter its ruling on the motion within sixty (60) days.

Do I Have a Right to Attend the Hearing for Judicial Release?

Yes. If the court grants a hearing on the Motion for Judicial Release, an eligible offender shall attend the hearing if ordered to do so by the court. If the court does not order it, the person’s attorney can file a Motion for Warrant to Convey for the hearing to ensure that the person is in attendance.

Victim’s Rights During Judicial Release Proceedings

During judicial release proceedings, the victim(s) will be notified of the hearing. If the offense was an offense of violence that is a first, second, or third degree felony, the victim or the victim’s representative will be notified of the hearing, regardless of whether they have requested the notification.

At the hearing, the offender will be given an opportunity to present information that is relevant to the motion. The victim or the victim’s representative will be afforded a similar opportunity.

What Happens When the Court Grants Judicial Release?

If the court grants judicial release, the court will order the release of the person and shall place the person under community control sanctions (i.e., probation). The court may reduce the period of community control by the amount of time the person spent in prison for the offense. However, the court will reserve the right to reimpose the sentence that was reduced if the person violations the conditions of community control.

Columbus and Delaware, Ohio Judicial Release Attorney

If you seeking judicial release in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in filing for judicial release. Call (614) 987-0192 or send an email to schedule a consultation regarding your criminal offense case.

Johnson Legal, LLC

Making The Law Work For You

Judicial Release in Ohio – What You Should Know