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Ohio Parole, Probation & Release All information relating to parole, probation or release in Ohio should be posted here.

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  #1  
Old 04-14-2009, 05:03 PM
HENNACY1 HENNACY1 is offline
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Arrow Ohio judicial release questions for felony 5

Please help....

I have a sister in law that was sentenced to 2 1/2 years prison for drug convictions that were classified as felony 5. She is in Trumbull Correctional Institute in Ohio. She filed for a judicial release after only serving 2 months and was denied (knew it would be as it was too soon). Here are my questions:

1. Is there a limit on how many times you can apply for a judicial release for a felony drug charge?

2. How much time after being denied should you wait before filing for another judicial release?

3. How much time out of the 2 1/2 years do you recommend she serve before she may have a good chance of getting a judicial release?

Any help would be greatly appreciated....This is all new to the family as we have never dealt with anything like this before and it sure is hard to find answers. Thank you in advance everyone...

Hennacy
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  #2  
Old 04-14-2009, 07:15 PM
scoopster scoopster is offline
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Here is the statute, She filed too early which is what attorneys will do sometimes. Plus, you can file as many times as you like, but judge will see case file, which will show how many times you have filed over and over. Plus have to pay court cost as well. I say one year, then file, but she might get lucky cause she is a non-violent offender, so try in 8-10 months.

http://codes.ohio.gov/orc/2929.20 Judicial release


(C) An eligible offender may file a motion for judicial release with the sentencing court within the following applicable periods:

(1) If the stated prison term is less than two years, the eligible offender may file the motion not earlier than thirty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than thirty days after the expiration of all mandatory prison terms.

(2) If the stated prison term is at least two years but less than five years, the eligible offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.


(3) If the stated prison term is five years or more but not more than ten years, the eligible offender may file the motion not earlier than five years after the eligible offender is delivered to a state correctional institution or, if the prison term includes a mandatory prison term or terms, not earlier than five years after the expiration of all mandatory prison terms.
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  #3  
Old 04-15-2009, 01:57 PM
scoopster scoopster is offline
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Hi ********, thanks for your question regarding judicial release. The Director testified in support of Senate Bill 22 before the Senate Judiciary Committee in March 2009, on Sentencing Reforms: (Earned Credit, Felony Theft, Absconding Supervision, and Non-support).

House Bill 130 from the 127th GA became effective April 7th 2009, did make changes to judicial release which is the statute you sent below, that is now current law.

I hope this information is helpful.

Irene C. Lyons
Assistant Legislative Liaison
Ohio Department of Rehabilitation of Correction

So the statute in the above post still stands, and is current law. Look at the very end of the statute which has HB130 04-07-2009 under effective date.
It also depends on who introduced House Bill 130 was they for better changes in our favor, or for prosecutors, victims etc.. So if it was against us, then you can start writng law makers to request for legislation to help change this. Try the same senator who sponsored senate bill 22 out of cincinnati.
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  #4  
Old 04-15-2009, 03:37 PM
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His Outmate His Outmate is offline
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Hi Scoopster! You seem to have a vast amount of information that most of us have been unsuccessful in either finding or understanding. I've known the Judicial Release laws for a while now, that state you cannot file with a sentence over 10 years. Do you know if there is any type of sentence reduction for someone sentenced 10+ years? I dont assume there is, or we would have heard about it, but it cant hurt to ask right? =)

Thanks for all of the info/updated news you post
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  #5  
Old 04-27-2009, 05:26 PM
the12blame the12blame is offline
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Was your sister-in-law granted a hearing for the judicial to be denied or was it denied without a hearing. If a hearing was held and the judicial was denied then that's it. I just got out on judicial and the public defender went over all of it quite thoroughly.
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Old 05-02-2009, 04:09 PM
Sunflower2190 Sunflower2190 is offline
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Originally Posted by the12blame View Post
Was your sister-in-law granted a hearing for the judicial to be denied or was it denied without a hearing. If a hearing was held and the judicial was denied then that's it. I just got out on judicial and the public defender went over all of it quite thoroughly.
My friend is in Trumbull and has been there for almost a year on a 2 year sentence. Her atty filed for judicial at around 30 days and was granted a hearing that was denied, then her new atty filed for a judicial again at the 11 month mark, a hearing was granted and denied. How many times can she file? Everyone is saying you can have only one hearing, but she has had two. It is a grand theft charge, nothing violent. Please help with this question!
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  #7  
Old 05-03-2009, 09:23 PM
the12blame the12blame is offline
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Quote:
Originally Posted by Sunflower2190 View Post
My friend is in Trumbull and has been there for almost a year on a 2 year sentence. Her atty filed for judicial at around 30 days and was granted a hearing that was denied, then her new atty filed for a judicial again at the 11 month mark, a hearing was granted and denied. How many times can she file? Everyone is saying you can have only one hearing, but she has had two. It is a grand theft charge, nothing violent. Please help with this question!
Was she actually taken back to county for a hearing?
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  #8  
Old 05-08-2009, 06:07 PM
Sunflower2190 Sunflower2190 is offline
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Quote:
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Was she actually taken back to county for a hearing?
No, she never attended the hearing, it was held with the judge, prosecutor & her attorney both times. She said that was considered phase 1 and if approved (which she was not) she would then be brought up for phase 2. She is at her one year mark this month. She has had two lawyers who both don't care and charge her family 1500.00 every time they file. The atty acts as if she is going to have to do the whole 2 years. When I read the Ohio Revised Code, it says you get one hearing and done. When I read her court transcripts, it calls it a hearing, so we are all confused.
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  #9  
Old 05-09-2009, 06:56 AM
Jane's Mom Jane's Mom is offline
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I'm not a lawyer but a somewhat informed mom struggling just like everyone else. Here's what I do knnow. There's a difference between a hearing and a filing. Afer serving the minimum time required for filing ( 30 or 180 days) you can file for a Judicial Release. If it is denied without a hearing (the judge calling the inmate to court) then you can file every 30 days thereafter. If the inmate goes to court and is denied then they can't file again but serve their entire sentence. Bottom line, filing, not going to court and being denied is a good thing LOL. My daughter is at Trumbull too. Her attorney charge one fee for the entire process (filed after 180 days, was denied and then filed again 1 month ago). We are very hopeful this time. She has a 3 year sentence and the judge indicated he would let her out after one year (this June) Some inmates file themselves (PRO SE) and I believe that there's info in the library for that or ask around for help. Hope this helps.
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  #10  
Old 05-09-2009, 04:11 PM
ladyfan2 ladyfan2 is offline
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SO if a person has manatory sentence he cannot get a early release is that correct?
thank you
does any one know if the sepreme court has made a decison on the Tier III ?
thanks
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  #11  
Old 05-30-2009, 02:43 AM
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Briansworld Briansworld is offline
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Quote:
Originally Posted by scoopster View Post
Hi ********, thanks for your question regarding judicial release. The Director testified in support of Senate Bill 22 before the Senate Judiciary Committee in March 2009, on Sentencing Reforms: (Earned Credit, Felony Theft, Absconding Supervision, and Non-support).

House Bill 130 from the 127th GA became effective April 7th 2009, did make changes to judicial release which is the statute you sent below, that is now current law.

I hope this information is helpful.

Irene C. Lyons
Assistant Legislative Liaison
Ohio Department of Rehabilitation of Correction

So the statute in the above post still stands, and is current law. Look at the very end of the statute which has HB130 04-07-2009 under effective date.
It also depends on who introduced House Bill 130 was they for better changes in our favor, or for prosecutors, victims etc.. So if it was against us, then you can start writng law makers to request for legislation to help change this. Try the same senator who sponsored senate bill 22 out of cincinnati.
Thanks for the post but have a question, maybe you can help. My fiance got 2 years for F4 DUI. But they granted him a JL hearing after only 90 days but he was denied. Is that why? They didn't let him go to hearing and the online court record says that the person defending him was the assistant proscecutor? What's up with that. of course he was denied the person who was "supposed" to help him get out works for Judge Collier and of course the proscector. Makes not one bit of sense to me. This was in Medina County. He's now in NorthCoast in Grafton. He's now done the 180 days and he is ready to file again. Any suggestions for best outcome. His family needs him home, now. Mom's sick, Dad's not doing well either.
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  #12  
Old 11-07-2009, 01:03 AM
love3boys love3boys is offline
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Default Motion for early release

I can't post link to entire packet that has direction so pm me & I will send it to you!!!!

IN THE COURT OF COMMON PLEAS
COUNTY, OHIO
(YOUR COUNTY OF CONVICTION)
STATE OF OHIO, :
Plaintiff, :
v. : Case No.
(DOCKET #)
, :
(YOUR NAME)
Defendant.
MOTION FOR JUDICIAL RELEASE
(HEARING REQUESTED)
Defendant is incarcerated at the .
(CURRENT PRISON)
Defendant was delivered to the prison system on the _____ day of _____________,
(DATE YOU ENTERED PRISON)
2_____, and is now eligible for Judicial Release pursuant to R.C. §2929.20.
For the reasons set forth in the attached memorandum, Defendant respectfully
moves this court for an order granting Defendant Judicial Release subject to appropriate
community control sanctions.
Respectfully submitted,
YOUR SIGNATURE
DEFENDANT,
pro se

INSTITUTION NUMBER
INSTITUTION
ADDRESS/P.O. BOX NUMBER
CITY, STATE & ZIP CODE
MEMORANDUM IN SUPPORT
In support of the foregoing motion, Defendant submits the following reasons in
favor of his/her being granted Judicial Release:
For the foregoing reasons, Defendant hereby respectfully requests:
1. that this court order a hearing be held on this motion, pursuant to R.C.
§2929.20(D); and,
2. that this court issue an order compelling Defendant’s attendance at the
hearing; pursuant to R.C. §2929.20(H); and,
3. that Judicial Release be granted, subject to appropriate community
control sanctions.
Respectfully submitted,
DEFENDANT,
pro se

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion for Judicial Release
was served upon the County Prosecutor, by U.S. Mail
(YOUR COUNTY OF CONVICTION)
addressed to his/her office at
(PROSECUTOR’S ADDRESS FOR YOUR COUNTY OF CONVICTION)
on the day of , 2_____.
(DATE YOU ARE PLACING MOTION IN MAIL)
DEFENDANT,
pro se

Revised 9/2009
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