Ohio § 2971.04

§ 2971.04.

(A) If an offender is serving a prison term imposed under division (A)(3), (B)(1)(a),

(b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03

of the Revised Code, at any time after the offender has served the minimum term imposed

under that sentence, the parole board may terminate its control over the offender's

service of the prison term.  The parole board initially shall determine whether to terminate its control over

the offender's service of the prison term upon the completion of the offender's service

of the minimum term under the sentence and shall make subsequent determinations at

least once every two years after that first determination.  The parole board shall not terminate its control over the offender's service of

the prison term unless it finds at a hearing that the offender does not represent

a substantial risk of physical harm to others.  Upon the request of the prosecuting attorney or of any law enforcement agency, the

board shall provide to the requesting prosecuting attorney and law enforcement agencies

an institutional summary report prepared by the department of rehabilitation and correction

that covers the offender's participation while confined in a state correctional institution

in training, work, and other rehabilitative activities and any disciplinary action

taken against the offender while so confined.  Prior to determining whether to terminate its control over the offender's service

of the prison term, the parole board shall request the department of rehabilitation

and correction to prepare pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment and report relative to the offender.  The offender has the right to be present at any hearing held under this section. At the hearing, the offender and the prosecuting attorney may make a statement and

present evidence as to whether the parole board should terminate its control over

the offender's service of the prison term.  In making its determination as to whether to terminate its control over the offender's

service of the prison term, the parole board may follow the standards and guidelines

adopted by the department of rehabilitation and correction under section 5120.49 of the Revised Code and shall consider the updated risk assessment and report relating to the offender

prepared by the department pursuant to section 5120.61 of the Revised Code in response to the request made under this division and any statements or evidence

submitted by the offender or the prosecuting attorney.  If the parole board terminates its control over an offender's service of a prison

term imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),

or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, it shall recommend

to the court modifications to the requirement that the offender serve the entire term

in a state correctional institution.  The court is not bound by the recommendations submitted by the parole board. (B) If the parole board terminates its control over an offender's service of a prison

term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b),

or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, the

parole board immediately shall provide written notice of its termination of control

to the department of rehabilitation and correction, the court, and the prosecuting

attorney, and, after the board's termination of its control, the court shall have

control over the offender's service of that prison term. After the transfer, the court shall have control over the offender's service of that

prison term for the offender's entire life, subject to the court's termination of

the term pursuant to section 2971.05 of the Revised Code . (C) If control over the offender's service of the prison term is transferred to the court,

all of the following apply: (1) The offender shall not be released solely as a result of the transfer of control

over the service of that prison term. (2) The offender shall not be permitted solely as a result of the transfer to serve a

portion of that term in a place other than a state correctional institution. (3) The offender shall continue serving that term in a state correctional institution,

subject to the following: (a) A release pursuant to a pardon, commutation, or reprieve; (b) A modification or termination of the term by the court pursuant to this chapter.