SUBJECT: Additional Term Hearing | PAGE 1 OF 7 . |
NUMBER: 105-PBD-15 | |
ORC/OAC REFERENCE: ORC 2967.271, 5120.01; OAC 5120-9-06 | SUPERSEDES: 105-PBD-15 dated 03/01/2023 |
RELATED ACA STANDARDS: | EFFECTIVE DATE: July 01, 2025 |
APPROVED: |
Ohio Revised Code 5120.01 authorizes the Director of the Department of Rehabilitation and Correction, as the executive head of the department, to direct the total operations and management of the department by establishing procedures as set forth in this policy.
The purpose of this policy is to establish a standard procedure for the Ohio Department of Rehabilitation and Correction (DRC) to carry out its statutory duties efficiently and consistently concerning the additional term hearing process for persons sentenced under Senate Bill 201 (132nd Ohio General Assembly).
This policy applies to all employees of the DRC. This policy also applies to incarcerated persons (IPs) sentenced pursuant to the provisions of SB201.
The definitions for the terms below can be found at the top of the policies page on the DRC Intranet/Internet.
Pursuant to the authority granted to DRC under ORC 2967.271, it is the policy of DRC to establish an additional term hearing process for conducting hearings to determine whether the presumption of release at the expiration of an incarcerated person’s minimum term is rebutted, and if so, to maintain incarceration of a person for an additional period of time, up to the maximum term. IPs sentenced under ORC 2967.271 may be subject to an additional term hearing following a finding of guilt of certain Inmate Rules of Conduct by the Rules Infraction Board (RIB) and affirmance of that finding after completion of any RIB appeals or following a recommendation from the Annual Security Review Team.
The following procedures may be used more than once during a person’s incarceration until the expiration of the maximum term.
During the reception process, the institution will make available a copy of the Non-Life Felony Indefinite Prison Term Notification (DRC3088) which shall include information regarding the possibility of reduction of the minimum term of incarceration for exceptional conduct or adjustment to incarceration, and information concerning the possibility of additional term hearings to determine rebuttal of presumptive release at the minimum term.
Upon a finding of guilt for violations of the IP Rules of Conduct by the RIB, the RIB chair will verify that the person is serving a non-life felony indefinite sentence.
If the offense of which the person is found guilty is a Tier 1 or Tier 2 Rule Violation, an automatic referral shall be completed through the Additional Term Hearing Dashboard on DOTs. If a referral cannot be made through the Additional Term Hearing Dashboard, the RIB chair shall make an electronic referral of the disposition to the Parole Board on the SB201 Referral for Additional Term Hearing Review (DRC3196).
If an IP serving a non-life felony indefinite sentence violates any of the Inmate Rules of Conduct less than sixty (60) days prior to the expiration of the person’s current sentence, then the referral of the disposition to the Parole Board will be expedited by the managing officer’s administrative assistance (correction warden assistant 2). Referrals shall be made by routing the SB201 Referral for Additional Term Hearing Review (DRC3196) to the DRC SB201 Additional Term Hearing (Group PB SB201 ATH), if the referral cannot be made in the Additional Term Hearing Dashboard on DOTs.
The Annual Security Review Team may use discretion to refer a case to the Parole Board for a possible additional term hearing based upon concerns regarding any of the following:
The person’s overall behavior demonstrates a poor adjustment to incarceration,
The IP has been involved in the conveyance of contraband and was not prosecuted,
The IP is an active or disruptive member of a security threat group (STG),
The IP has been found guilty of any STG-related offense,
The IP is currently classified at Security Level 3 or higher,
The IP has more than one (1) conduct report for refusal to attend mandatory programming (i.e., mandatory education or mandatory sex offender programming),
The IP’s assessment from the Ohio Risk Assessment System (ORAS), if available, indicates they are moderate or high risk, or
The IP has been found guilty of a Tier 3 Rule Violation.
If the Annual Security Review Team refers a person to the Parole Board, the parole board chair/designee shall review the request and determine if a hearing is warranted. If the parole board chair/designee determines that a hearing is warranted, then an additional term hearing shall be scheduled by the parole board chair/designee. The parole board chair’s/designee’s decision shall be documented in the Additional Term Hearing Dashboard on the DOTs portal.
For each non-life felony indefinite sentence that the person is serving, the Bureau of Sentence Computation (BOSC) shall determine whether the maximum term has been exhausted, and if not, the additional time available for each case. Additional time shall be determined pursuant to ORC 2967.271, Presumptions related to sentence to non-life felony indefinite prison term.
The parole board chair/designee shall review all referrals, confirm that the person is serving a non-life felony indefinite sentence, and determine whether an additional term hearing is warranted based upon the information presented based upon subsections VI.B and VI.C of this policy. The review decision shall be documented, and if warranted, a hearing will be scheduled. The parole board chair/designee shall determine the amount of available additional time that may potentially be imposed. If there is no available additional time, then no further action is required.
After verifying that additional time is available to be imposed, a hearing shall be scheduled as follows:
If the person has been found guilty of a Tier 1 or Tier 2 Rule Violation as outlined in subsection VI.B of this policy, then a hearing will be scheduled approximately ninety (90) calendar days after the determination that a hearing is warranted.
If the IP has been referred for an additional term hearing by the Annual Security Review Team as outlined in subsection VI.C of this policy, the hearing schedule will depend on the time remaining to be served on the current sentence.
Before any hearing, notices must be provided as mandated by Ohio law and outlined in DRC Policy 105-PBD-13, Statutory Notice.
Designated parole board staff shall provide written notice to the incarcerated person of the scheduled hearing (DRC3210) at least thirty (30) calendar days prior to the month in which the hearing is scheduled unless the parole board chair/designee gives prior approval for notice to be provided less than thirty (30) calendar days prior to that month. IPs with less than ninety
(90) calendar days to serve will be scheduled for a hearing prior to the scheduled release date.
A hearing may be rescheduled for good cause, as determined by the parole board chair/designee.
Written input received from victims shall be uploaded to OnBase by designated Office of Victim Services (OVS) staff and/or parole board staff.
Written input received from any other stakeholders (e.g., from a judge or prosecutor) shall be uploaded to OnBase by designated parole board staff.
Parole board staff shall not participate in any stage of the hearing process for a particular case when a conflict of interest exists. When there is a potential conflict of interest, the parole board chair/designee shall be informed, and the parole board chair/designee will decide as to the validity of the conflict of interest and how to proceed.
All additional term hearings shall be conducted at the incarcerated person’s institution in a setting which shall be private, secure, comfortable, and dignified.
Before the IP is brought into the hearing room, or prior to the initiation of the video conference hearing, the parole board hearing officer/designee conducting the additional term hearing shall review all relevant RIB documents to which they have access and any other information including but not limited to the Annual Security Review Team referral, written input received pursuant to statutory notification, the result of any specified risk instrument when available, along with the result of any supplemental risk tool specific to the particular type of offense or IP, and any other available, relevant documentation. The parole board hearing officer cannot consider any conduct that was a violation of law that was prosecuted.
The hearing shall be conducted in person or via video conference on the scheduled hearing date. If the hearing cannot be held on the scheduled hearing date, the IP shall be notified in writing of the new scheduled hearing date.
Attendance at the additional term hearing is limited to parole board staff, the IP, and if required, special needs facilitators (i.e., an interpreter, translator, or other persons authorized by the parole board chair/designee to observe the hearing process). When deemed appropriate or necessary by the parole board staff, behavioral health staff or security personnel may also be present in the hearing room. The sole purpose of the presence of behavioral health staff shall be to assist an IP with understanding the hearing process when the IP has such diminished capacity that it renders them incapable or substantially unable to understand the process without assistance.
Each institutional hearing or interview shall be conducted with the IP present in person or via video conference unless the parole board chair/designee determines, for good cause shown, that attendance by the IP is inappropriate or unwarranted. The reasons for conducting a hearing without the IP’s attendance shall be documented in the Additional Term Hearing Decision and Minutes (DRC3272). The first instance of an IP’s refusal to appear does not by itself constitute good cause to conduct a hearing without the IP’s attendance. IPs refusing to appear at an institutional hearing cannot receive an additional term based solely on that refusal. For the first such refusal to appear, the hearing shall be rescheduled for no less than ninety (90) calendar days later. Unit staff shall interview the IP to determine the reasons for the refusal and attempt to resolve the problem. A subsequent refusal to appear may be considered good cause to hold the re-scheduled hearing without the individual present.
If there is not enough time remaining prior to the IP’s scheduled release date to allow for a ninety (90) day continuance, the hearing will be set for an appropriate date to allow a decision to be made prior to the existing scheduled release date.
The parole board hearing officer shall inform the incarcerated person of the reason(s) for holding the additional term hearing and the potential consequence of a finding that the presumption of release has been rebutted. The parole board hearing officer/designee is responsible for completing all required paper or electronic forms.
During the hearing, the parole board hearing officer shall inform the incarcerated person that they may provide mitigating information and should briefly explain what information may be mitigating. The incarcerated person shall be given an opportunity to provide any mitigating information.
After the hearing has concluded, the parole board hearing officer shall determine whether the presumption of release has been rebutted, and whether to maintain incarceration for an additional period of time.
The parole board hearing officer may determine that the presumption has been rebutted only if the parole board hearing officer determines that one (1) or more of the following applies:
Regardless of the security level in which the IP is classified at the time of the hearing, both of the following apply:
During the person’s incarceration, they committed institutional rule infractions that involved compromising the security of a state correctional institution, compromising the safety of the staff or member of the incarcerated population of a state correctional institution, or physical harm or the threat of physical harm to the staff or member of the incarcerated population of a state correctional institution, or committed a violation of law that was not prosecuted, and the infractions or violations demonstrate that the individual has not been rehabilitated; and
The person’s behavior while incarcerated, including but not limited to the infractions and violations described in the paragraph above, demonstrates that the person continues to pose a threat to society.
Regardless of the security level in which the IP is classified at the time of the hearing, the person has been placed in extended restrictive housing at any time within the year preceding the date of the hearing.
At the time of the hearing, the person is classified by the department at security level 3 or higher.
If the parole board hearing officer determines that an additional term is warranted, they will verify the amount of remaining time available as identified in DOTS Portal and issue a reasonable additional term of up to 365 days. If the parole board hearing officer determines that a term of more than 365 additional days is warranted, the parole board hearing officer shall staff the matter with a chief hearing officer for review and approval. The parole board hearing officer shall utilize the Additional Term Hearing Grid (DRC3106) when determining the amount of additional time to impose.
The parole board hearing officer shall inform the IP whether the presumption of release at the minimum has been rebutted, and if so, the additional period of incarceration that will be imposed.
The decision to impose an additional period of incarceration shall be noted on the Additional Term Hearing Decision and Minutes (DRC3272). Decisions rendered by the parole board hearing officer/designee shall be processed and noted in the Parole Board Minutes within five (5) business days.
A completed copy of the Additional Term Hearing Decision and Minutes (DRC3272) shall be provided to the IP after the decision has been finalized and processed to the Parole Board Minutes.
The decision is final and non-appealable. The IP shall be notified that the decision is final and non-appealable and shall be notified that future additional term hearings may be held as long as they remain incarcerated and until the expiration of their maximum term.
If the hearing is held and the decision to impose an additional period of incarceration has been imposed after the release process has begun, the appropriate APA unit or BCS shall be notified of the decision so that the release process may be suspended.
Once a decision is made, the parole board staff shall provide a copy of the Additional Term Hearing Decision and Minutes (DRC3272) to the BOSC Parole Board Section.
BOSC shall apply the additional period noted on the Additional Term Hearing Decision and Minutes (DRC3272) and determine the new expiration date of the IP’s minimum term. If there is not sufficient time remaining to be served, BOSC shall immediately notify the parole board hearing officer/designee.
BOSC shall notify the unit management chief at the IP’s institution, and the OVS of the additional period imposed and the new expected release date.
BOSC shall notify the IP of the new expected release date.
105-PBD-13 Statutory Notice
Non-Life Felony Indefinite Prison Term Notification Form DRC3088
Additional Term Hearing Grid DRC3106
SB201 Referral for Additional Term Hearing Review DRC3196
Notice to Incarcerated Person of Additional Term Hearing DRC3210
Additional Term Hearing Decision and Minutes DRC3272