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Ohio DOC - What You Need to Know Information relating to the Ohio Department of Corrections. Q&A for those new to the system should be posted here.

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  #1  
Old 09-15-2011, 08:01 PM
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Verytiredmom Verytiredmom is offline
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Default Question about Ohio's Judical Release

We heard that after Sep. 30, 2011, if you have been sentenced to 5 years, you will not be able to file for a judicial release. Is this true? We will be three years done on Sep. 28, with two more to do.
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Old 10-02-2011, 09:28 AM
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Quote:
Originally Posted by Verytiredmom View Post
We heard that after Sep. 30, 2011, if you have been sentenced to 5 years, you will not be able to file for a judicial release. Is this true? We will be three years done on Sep. 28, with two more to do.
Here is the law: http://codes.ohio.gov/orc/2929.20

And here is the specific that you are asking about:

(3) If the aggregated nonmandatory prison term or terms is five years, the eligible offender may file the motion not earlier than four 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 four years after the expiration of all mandatory prison terms.

Be sure to look in the law to determine if his conviction includes any of the specifically mentioned laws, because some are not eligible for judicial release.

Sending you good thoughts and prayers to get through the tough days...
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Old 10-03-2011, 09:02 AM
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So my husband got 5 years and 2 mandatory and went in january 2011, so does this mean he can't get out early on judicial release? can he file after the mandatory time is served??
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Old 10-03-2011, 09:03 AM
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2 are mandatory out of the 5 yrs ************
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Old 10-04-2011, 03:55 PM
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If an inmate gets mandatory time, it's exactly that mandatory. He must serve that time before he can file to be released early.
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Old 10-05-2011, 01:49 PM
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But still... with a five year sentence, regardless of mandatory or stated, the earliest to be able to file is at the four year mark (unless they are changing the law - have not seen anything yet...) --- the way the judicial system works and how long it takes to get a ruling on anything, my guess is that they won't get around to it until the five year mark anyway.

Case in point. There is a guy at CCI who has been ordered by the court to take a mandatory class --- but the wait list for the class is so long, he's actually on the schedule to take the class AFTER his release date.

THIS is how bad things are screwed up!!!
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Old 10-07-2011, 03:00 AM
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Lawyer told us he can file after Mandatory time is served, hopefully it will all work out in my favor. I'A, thanks alot guys
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Old 10-07-2011, 09:58 AM
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Quote:
Originally Posted by Tinaday View Post
Lawyer told us he can file after Mandatory time is served, hopefully it will all work out in my favor. I'A, thanks alot guys
Make sure you stay on top of the info - don't just take the word of a lawyer (they are part of the problem, remember - and have no personal investment to care, one way or the other)
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Old 10-08-2011, 02:35 AM
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You r right thanks lots
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Old 10-08-2011, 09:46 PM
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This info isn't exactly going to comfort you, but here it is... per the Ohio Public Defenders Offc packet (click on the link for pub def offc packet) offered for those filing for JR pro se (themselves, with NO Atty). This para deals with those serving a sentence of exactly 5 yrs, and apparently in the revision of the law they are excluded or not eligible for JR. There is a pending lawsuit, which is explained below.

IV. IF YOUR SENTENCE IS EXACTLY FIVE YEARS
The Ohio legislature recently changed the statute governing judicial release. See R.C.
2929.20. Before the law was changed, an offender serving a five-year sentence could
file a motion for judicial release after serving four years. As the law is now, if your
sentence is exactly five years, you cannot file your motion until you have served five
years. This eliminates judicial release for offenders serving five-year sentences.
However, in State v. Peoples (2004), 102 Ohio St.3d 460, 812 N.E.2d 963, the Ohio
Supreme Court held that it is a violation of the Ohio Constitution for the State to exclude
inmates serving exactly five years from eligibility for judicial release, while those inmates
serving sentences of greater than five years remain eligible.
Unless and until this legislative oversight is corrected and R.C. 2929.20 is amended
again, when you file your motion for judicial release you should attach the
“Memorandum of Eligibility for Judicial Release for Offenders Serving Exactly Five
Years” found on the next page. This memorandum explains to the court why you are
eligible for judicial release despite the recent amendments to the statute.

Last edited by DavesDad1; 10-08-2011 at 09:47 PM..
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Old 10-09-2011, 01:52 AM
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Read the whole thing it says they are still eligible for judicial release,
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