Judicial Release in Ohio
In October of 2024, the Ohio General Assembly once again revised the process and eligibility requirements for judicial release in Ohio under R.C. 2929.20.
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In Ohio, Judicial Release, formerly known as shock probation or when occurring more quickly as"ship and shock", is a process where a judge may grant an inmate serving a non-mandatory sentence to be released early from prison to community control sanctions (i.e. probation) for an eligible offender.
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(Community Control Sanctions (i.e. probation) is different from parole, in that it is managed by the county's probation department rather than the adult parole authority.)
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Eligibility for judicial release is determined by reviewing the convictions and sentence(s) to determine whether the applicant is (a) an eligible offender, (b) serving a sentence for an eligible offense, (c) at an eligible time.
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This is a way to reduce the time an individual serves in prison, provided they meet certain criteria (time served and offense history) and the judge approves the request.
What is judicial release?
In Ohio, eligibility for judicial release is partially a question of timing:
If the aggregate, non-mandatory prison term(s) is/are less than 2 years, then the motion may be filed immediately upon delivery to the institution.
Specifically what offenders are not eligible for Judicial Release in Ohio?
In Ohio, there are specific offenses and categories of offenses that are ineligible for judicial release, pursuant to R.C. 2929.20 as revised in October of 2024.
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1.00. Mandatory Prison Terms. Offenders serving one or more mandatory prison term(s) are ineligible for judicial release until such time as the mandatory portion of their sentence has been served, pursuant to R.C. 2929.20(A)(1)(a).
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2.00. Ineligible Statutory Offenses. The following offenses are specific statutory offenses for which an offender is ineligible for judicial release, pursuant to R.C. 2929.20(A)(1)(b)(i):
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- R.C. 2921.02 Bribery​
- R.C. 2921.03 Intimidation
- R.C. 2921.05 Retaliation
- R.C. 2921.31 Obstructing Official Business
- R.C. 2921.32 Obstructing Justice
- R.C. 2921.41 Theft in Office
- R.C. 2921.42 Having an Unlawful Interest in a Public Contract
- R.C. 2923.32 Engaging in a Pattern of Corrupt Activity
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3.00. Ineligible Public Official Offenses. The following offenses are specific statutory offenses for which an offender is ineligible for judicial release due to a violation of a specific statutory offense while the offense was related to the duties of the offender's public office or to the offender's actions as a public official holding that that public office, pursuant to R.C. 2929.20(A)(1)(b)(ii):
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- R.C. 2913.42 Tampering with Records
- R.C. 2921.04 Intimidation of Attorney, Victim or Witness in Criminal Case or Delinquent Child Action Proceeding
- R.C. 2921.11 Perjury
- R.C. 2921.12 Tampering with Evidence
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4.00. Substantially Similar Offenses. A violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially equivalent to any violation listed above, pursuant to R.C. 2929.20(A)(1)(b)(iii) and (A)(1)(b)(iv).
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5.00. Conspiracy, Attempt, or Complicity to Offenses. A violation of any conspiracy to commit, attempt to commit, or complicity in committing any offense listed above, pursuant to R.C. 2929.20(A)(1)(b)(v) and (A)(1)(b)(vi).
When can I file for Judicial Release in Ohio?
Even if an inmate was convicted of an eligible offense, sometimes it is a matter of timing as eligibility for judicial release is dependent upon the sentence imposed and the amount of the sentence that has been served.
Specifically when can an offender file for Judicial Release in Ohio?
In Ohio, eligibility for judicial release is partially a question of timing:
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1.00. Inmates with Mandatory Prison Sentences. If the inmate is serving a mandatory prison sentence, then that sentence must served first, once the mandatory prison sentence is served, the timing for eligibility is determined by the following timelines, pursuant to R.C. 2929.20(C)(1)(a), (b), (c), (d), (e), and (f).
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2.00. Inmates with Prison Sentences less than 2 years. If the aggregate, non-mandatory prison term(s) is/are less than 2 years, then the motion may be filed immediately upon the inmate's delivery to the institution, pursuant to R.C. 2929.20 (C)(1)(a).
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3.00. Inmates with Prison Sentences of 2 to 5 years. If the aggregate, non-mandatory prison term(s) is/are at least 2 years but less than 5 years, then the motion may be filed not earlier than 180 days after the inmate's delivery to the institution, pursuant to R.C. 2929.20 (C)(1)(b).
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4.00. Inmates with Prison Sentences of 5 years. If the aggregate, non-mandatory prison term(s) is/are five years, then the motion may be filed not earlier than the date on which the offender has served four years. (Note: This does not count from delivery to the institution like the earlier eligibility dates (i.e. jail time counts)). R.C. 2929.20 (C)(1)(c).
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5.00. Inmates with Prison Sentences of 5 to 10 years. If the aggregate, non-mandatory prison term(s) is/are more than five years but not more than ten years, then the motion may be filed not earlier than the date on which the offender has served five years. (Note: This does not count from delivery to the institution like the earlier eligibility dates (i.e. jail time counts)). R.C. 2929.20 (C)(1)(d).
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6.00. Inmates with Prison Sentences of more than 10 years. If the aggregate, non-mandatory prison term(s) is/are more than ten years, then the motion may be filed not earlier than the later of the date on which the offender has served one-half of the stated prison term. (Note: This does not count from delivery to the institution like the earlier eligibility dates (i.e. jail time counts)). R.C. 2929.20 (C)(1)(e).
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If my motion for judicial release is denied, can I file again?
If a motion for judicial release is denied without a hearing, then yes, the inmate is immediately eligible to file again for judicial release.
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However, if a motion for judicial release is denied after the court holds a hearing, then no, the inmate is not eligible to file again.
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Oftentimes, if a Court is going to deny a motion for judicial release, they will not schedule the matter for a hearing, the Court will simply deny the motion without a hearing.