Ohio § 2967.193

§ 2967.193.

(A)(1) The provisions of this section apply until April 4, 2024, to persons confined in

a state correctional institution or in the substance use disorder treatment program.  On and after April 4, 2024, the provisions of section 2967.194 of the Revised Code apply to persons so confined, in the manner specified in division (G) of that section. (2) Except as provided in division (C) of this section and subject to the maximum aggregate

total specified in division (A)(4) of this section, a person confined in a state correctional

institution or placed in the substance use disorder treatment program may provisionally

earn one day or five days of credit, based on the category set forth in division (D)(1),

(2), (3), (4), or (5) of this section in which the person is included, toward satisfaction

of the person's stated prison term, as described in division (F) of this section,

for each completed month during which the person, if confined in a state correctional

institution, productively participates in an education program, vocational training,

employment in prison industries, treatment for substance abuse, or any other constructive

program developed by the department of rehabilitation and correction with specific

standards for performance by prisoners or during which the person, if placed in the

substance use disorder treatment program, productively participates in the program.  Except as provided in division (C) of this section and subject to the maximum aggregate

total specified in division (A)(4) of this section, a person so confined in a state

correctional institution who successfully completes two programs or activities of

that type may, in addition, provisionally earn up to five days of credit toward satisfaction

of the person's stated prison term, as described in division (F) of this section,

for the successful completion of the second program or activity.  The person shall not be awarded any provisional days of credit for the successful

completion of the first program or activity or for the successful completion of any

program or activity that is completed after the second program or activity.  At the end of each calendar month in which a person productively participates in

a program or activity listed in this division or successfully completes a program

or activity listed in this division, the department of rehabilitation and correction

shall determine and record the total number of days credit that the person provisionally

earned in that calendar month.  If the person in a state correctional institution violates prison rules or the person

in the substance use disorder treatment program violates program or department rules,

the department may deny the person a credit that otherwise could have been provisionally

awarded to the person or may withdraw one or more credits previously provisionally

earned by the person.  Days of credit provisionally earned by a person shall be finalized and awarded by

the department subject to administrative review by the department of the person's

conduct. (3) Unless a person is serving a mandatory prison term or a prison term for an offense

of violence or a sexually oriented offense, and notwithstanding the maximum aggregate

total specified in division (A)(4) of this section, a person who successfully completes

any of the following shall earn ninety days of credit toward satisfaction of the person's

stated prison term or a ten per cent reduction of the person's stated prison term,

whichever is less: (a) An Ohio high school diploma or Ohio certificate of high school equivalence certified

by the Ohio central school system; (b) A therapeutic drug community program; (c) All three phases of the department of rehabilitation and correction's intensive outpatient

drug treatment program; (d) A career technical vocational school program; (e) A college certification program; (f) The criteria for a certificate of achievement and employability as specified in division (A)(1) of section 2961.22 of the Revised Code . (4)(a) Except for persons described in division (A)(3) of this section and subject to division

(A)(4)(b) of this section, the aggregate days of credit provisionally earned by a

person for program or activity participation and program and activity completion under

this section and the aggregate days of credit finally credited to a person under this

section shall not exceed eight per cent of the total number of days in the person's

stated prison term. (b) If a person is confined in a state correctional institution or in the substance use

disorder treatment program after the effective date of this amendment, and if the

person as of that effective date has met the eight per cent limit specified in division

(A)(4)(a) of this section or the person meets that eight per cent limit between that

effective date and April 3, 2024, both of the following apply with respect to the

person: (i) On and after the effective date of this amendment, the eight per cent limit specified

in division (A)(4)(a) of this section no longer applies to the person; (ii) On and after the effective date of this amendment, the aggregate days of credit provisionally

earned by a person for program or activity participation and program and activity

completion under this section and the aggregate days of credit finally credited to

a person under this section shall not exceed fifteen per cent of the total number

of days in the person's stated prison term. (B) The department of rehabilitation and correction shall adopt rules that specify the

programs or activities for which credit may be earned under this section, the criteria

for determining productive participation in, or completion of, the programs or activities

and the criteria for awarding credit, including criteria for awarding additional credit

for successful program or activity completion, and the criteria for denying or withdrawing

previously provisionally earned credit as a result of a violation of prison rules,

or program or department rules, whichever is applicable. (C) No person confined in a state correctional institution or placed in a substance use

disorder treatment program to whom any of the following applies shall be awarded any

days of credit under division (A) of this section: (1) The person is serving a prison term that section 2929.13 or section 2929.14 of the Revised Code specifies cannot be reduced pursuant to this section or this chapter or is serving

a sentence for which section 2967.13 or division (B) of section 2929.143 of the Revised Code specifies that the person is not entitled to any earned credit under this section. (2) The person is sentenced to death or is serving a prison term or a term of life imprisonment

for aggravated murder, murder, or a conspiracy or attempt to commit, or complicity

in committing, aggravated murder or murder. (3) The person is serving a sentence of life imprisonment without parole imposed pursuant

to section 2929.03 or 2929.06 of the Revised Code , a prison term or a term of life imprisonment without parole imposed pursuant to section 2971.03 of the Revised Code , or a sentence for a sexually oriented offense that was committed on or after September

30, 2011. (D) This division does not apply to a determination of whether a person confined in a

state correctional institution or placed in a substance use disorder treatment program

may earn any days of credit under division (A) of this section for successful completion

of a second program or activity.  The determination of whether a person confined in a state correctional institution

may earn one day of credit or five days of credit under division (A) of this section

for each completed month during which the person productively participates in a program

or activity specified under that division shall be made in accordance with the following: (1) The offender may earn one day of credit under division (A) of this section, except

as provided in division (C) of this section, if the most serious offense for which

the offender is confined is any of the following that is a felony of the first or

second degree: (a) A violation of division (A) of section 2903.04 or of section 2903.03 , 2903.11 , 2903.15 , 2905.01 , 2907.24 , 2907.25 , 2909.02 , 2909.09 , 2909.10 , 2909.101 , 2909.26 , 2909.27 , 2909.29 , 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2919.13 , 2919.15 , 2919.151 , 2919.22 , 2921.34 , 2923.01 , 2923.131 , 2923.162 , 2923.32 , 2925.24 , or 2927.24 of the Revised Code ; (b) A conspiracy or attempt to commit, or complicity in committing, any other offense

for which the maximum penalty is imprisonment for life or any offense listed in division

(D)(1)(a) of this section. (2) The offender may earn one day of credit under division (A) of this section, except

as provided in division (C) of this section, if the offender is serving a stated prison

term that includes a prison term imposed for a sexually oriented offense that the

offender committed prior to September 30, 2011. (3) The offender may earn one day of credit under division (A) of this section, except

as provided in division (C) of this section, if the offender is serving a stated prison

term that includes a prison term imposed for a felony other than carrying a concealed

weapon an essential element of which is any conduct or failure to act expressly involving

any deadly weapon or dangerous ordnance. (4) Except as provided in division (C) of this section, if the most serious offense for

which the offender is confined is a felony of the first or second degree and divisions

(D)(1), (2), and (3) of this section do not apply to the offender, the offender may

earn one day of credit under division (A) of this section if the offender committed

that offense prior to September 30, 2011, and the offender may earn five days of credit

under division (A) of this section if the offender committed that offense on or after

September 30, 2011. (5) Except as provided in division (C) of this section, if the most serious offense for

which the offender is confined is a felony of the third, fourth, or fifth degree or

an unclassified felony and neither division (D)(2) nor (3) of this section applies

to the offender, the offender may earn one day of credit under division (A) of this

section if the offender committed that offense prior to September 30, 2011, and the

offender may earn five days of credit under division (A) of this section if the offender

committed that offense on or after September 30, 2011. (E) The department annually shall seek and consider the written feedback of the Ohio

prosecuting attorneys association, the Ohio judicial conference, the Ohio public defender,

the Ohio association of criminal defense lawyers, and other organizations and associations

that have an interest in the operation of the corrections system and the earned credits

program under this section as part of its evaluation of the program and in determining

whether to modify the program. (F) Days of credit awarded under this section shall be applied toward satisfaction of

a person's stated prison term as follows: (1) Toward the definite prison term of a prisoner serving a definite prison term as a

stated prison term; (2) Toward the minimum and maximum terms of a prisoner serving an indefinite prison term

imposed under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code

for a felony of the first or second degree committed on or after March 22, 2019. (G) As used in this section: (1) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . (2) “ Substance use disorder treatment program ” means the substance use disorder treatment program established by the department

of rehabilitation and correction under section 5120.035 of the Revised Code .