Ohio § 2967.18

§ 2967.18.

(A) Whenever the director of rehabilitation and correction determines that the total

population of the state correctional institutions for males and females, the total

population of the state correctional institutions for males, or the total population

of the state correctional institutions for females exceeds the capacity of those institutions

and that an overcrowding emergency exists, the director shall notify the attorney

general of the emergency and provide the attorney general with information in support

of the director's determination.  The director shall not notify the attorney general that an overcrowding emergency

exists unless the director determines that no other reasonable method is available

to resolve the overcrowding emergency. (B) On receipt of the notice given pursuant to division (A) of this section, the attorney

general promptly shall review the determination of the director of rehabilitation

and correction.  Notwithstanding any other provision of the Revised Code or the Administrative Code

that governs the lengths of criminal sentences, sets forth the time within which a

prisoner is eligible for parole or within which a prisoner may apply for release,

or regulates the procedure for granting parole or release to prisoners confined in

state correctional institutions, the attorney general may recommend to the governor

that the prison terms of eligible male, female, or all prisoners, as determined under

division (E) of this section, be reduced by thirty, sixty, or ninety days, in the

manner prescribed in that division. (C) If the attorney general disagrees with the determination of the director of rehabilitation

and correction that an overcrowding emergency exists, if the attorney general finds

that an overcrowding emergency exists but does not make a recommendation pursuant

to division (B) of this section, or if the attorney general does not make a finding

or a recommendation pursuant to that division within thirty days of receipt of the

notice given pursuant to division (A) of this section, the director may recommend

to the governor that the action set forth in division (B) of this section be taken. (D) Upon receipt of a recommendation from the attorney general or the director of rehabilitation

and correction made pursuant to this section, the governor may declare in writing

that an overcrowding emergency exists in all of the institutions within the control

of the department in which men are confined, in which women are confined, or both.  The declaration shall state that the adult parole authority shall take the action

set forth in division (B) of this section.  After the governor makes the declaration, the director shall file a copy of it with

the secretary of state, and the copy is a public record. The department may begin to implement the declaration of the governor made pursuant

to this section on the date that it is filed with the secretary of state.  The department shall begin to implement the declaration within thirty days after

the date of filing.  The declaration shall be implemented in accordance with division (E) of this section. (E)(1) No reduction of sentence pursuant to division (B) of this section shall be granted

to any of the following: (a) A person who is serving a term of imprisonment for aggravated murder, murder, voluntary

manslaughter, involuntary manslaughter, felonious assault, kidnapping, rape, aggravated

arson, aggravated robbery, or any other offense punishable by life imprisonment or

by an indefinite term of a specified number of years to life, or for conspiracy in,

complicity in, or attempt to commit any of those offenses; (b) A person who is serving a term of imprisonment for any felony other than carrying

a concealed weapon that was committed while the person had a firearm, as defined in section 2923.11 of the Revised Code , on or about the offender's person or under the offender's control; (c) A person who is serving a term of imprisonment for a violation of section 2925.03 of the Revised Code ; (d) A person who is serving a term of imprisonment for engaging in a pattern of corrupt

activity; (e) A person who is serving a prison term or term of life imprisonment without parole

imposed pursuant to section 2971.03 of the Revised Code ; (f) A person who was denied parole or release pursuant to section 2929.20 of the Revised Code during the term of imprisonment the person currently is serving. (2) A declaration of the governor that requires the adult parole authority to take the

action set forth in division (B) of this section shall be implemented only by reducing

the prison terms of prisoners who are not in any of the categories set forth in division

(E)(1) of this section, and only by granting reductions of prison terms in the following

order: (a) Under any such declaration, prison terms initially shall be reduced only for persons

who are not in any of the categories set forth in division (E)(1) of this section

and who are not serving a term of imprisonment for any of the following offenses: (i) An offense of violence that is a felony of the first, second, or third degree or

that, under the law in existence prior to July 1, 1996, was an aggravated felony of

the first, second, or third degree or a felony of the first or second degree; (ii) An offense set forth in Chapter 2925. of the Revised Code that is a felony of the

first or second degree. (b) If every person serving a term of imprisonment at the time of the implementation

of any such declaration who is in the class of persons eligible for the initial reduction

of prison terms, as described in division (E)(2)(a) of this section, has received

a total of ninety days of term reduction for each three years of imprisonment actually

served, then prison terms may be reduced for all other persons serving a term of imprisonment

at that time who are not in any of the categories set forth in division (E)(1) of

this section. (F) An offender who is released from a state correctional institution pursuant to this

section is subject to post-release control sanctions imposed by the adult parole authority

as if the offender was a prisoner described in division (B) of section 2967.28 of the Revised Code who was being released from imprisonment. (G) If more than one overcrowding emergency is declared while a prisoner is serving a

prison term, the total term reduction for that prisoner as the result of multiple

declarations shall not exceed ninety days for each three years of imprisonment actually

served.