Ohio § 2967.05

§ 2967.05.

(A) As used in this section: (1) “ Imminent danger of death ” means that the inmate has a medically diagnosable condition that will cause death

to occur within a short period of time. As used in division (A)(1) of this section, “ within a short period of time ” means generally within six months. (2)(a) “ Medically incapacitated ” means any diagnosable medical condition, including mental dementia and severe, permanent

medical or cognitive disability, that prevents the inmate from completing activities

of daily living without significant assistance, that incapacitates the inmate to the

extent that institutional confinement does not offer additional restrictions, that

is likely to continue throughout the entire period of parole, and that is unlikely

to improve noticeably. (b) “Medically incapacitated” does not include conditions related solely to mental illness

unless the mental illness is accompanied by injury, disease, or organic defect. (3)(a) “ Terminal illness ” means a condition that satisfies all of the following criteria: (i) The condition is irreversible and incurable and is caused by disease, illness, or

injury from which the inmate is unlikely to recover. (ii) In accordance with reasonable medical standards and a reasonable degree of medical

certainty, the condition is likely to cause death to the inmate within twelve months. (iii) Institutional confinement of the inmate does not offer additional protections for

public safety or against the inmate's risk to reoffend. (b) The department of rehabilitation and correction shall adopt rules pursuant to Chapter

119. of the Revised Code to implement the definition of “terminal illness” in division

(A)(3)(a) of this section. (B) Upon the recommendation of the director of rehabilitation and correction, accompanied

by a certificate of the attending physician that an inmate is terminally ill, medically

incapacitated, or in imminent danger of death, the governor may order the inmate's

release as if on parole, reserving the right to return the inmate to the institution

pursuant to this section.  If, subsequent to the inmate's release, the inmate's health improves so that the

inmate is no longer terminally ill, medically incapacitated, or in imminent danger

of death, the inmate shall be returned, by order of the governor, to the institution

from which the inmate was released.  If the inmate violates any rules or conditions applicable to the inmate, the inmate

may be returned to an institution under the control of the department of rehabilitation

and correction.  The governor may direct the adult parole authority to investigate or cause to be

investigated the inmate and make a recommendation.  An inmate released under this section shall be subject to supervision by the adult

parole authority in accordance with any recommendation of the adult parole authority

that is approved by the governor.  The adult parole authority shall adopt rules pursuant to section 119.03 of the Revised Code to establish the procedure for medical release of an inmate when an inmate is terminally

ill, medically incapacitated, or in imminent danger of death. (C) No inmate is eligible for release under this section if the inmate is serving a death

sentence, a sentence of life without parole, a sentence under Chapter 2971. of the

Revised Code for a felony of the first or second degree, a sentence for aggravated

murder or murder, or a mandatory prison term for an offense of violence or any specification

described in Chapter 2941. of the Revised Code.