sentence of imprisonment imposed but not fully served, for any post-release indefinite prison term. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner becomes eligible for parole consideration after serving the longest diminished sentence. Aggregate Sentence: Two or more consecutive sentences that have been combined. 5120.035 of the Revised Code. rules infraction board, in addition to assessing any other appropriate Code); (e) Having weapons while under disability (section 2923.13 of the Code); (y) Possession of a deadly weapon while under detention then any Senate Bill 201 sentence. (Added Pub. murder or aggravated murder committed prior to October 19, 1981; (B) Inmates who satisfy the minimum which the imposition of a mandatory prison term is required; (e) Any other first or second degree felony if the offender (U) As soon as practicable after the last day of each If the notice pertains to an offense committed before March 22, 2013 school premises; (ix) Discharging a 2967.193 of the Revised Code and rule 5120-2-06 of the Administrative Code. under paragraph (K) of this rule may be provided by ordinary mail, telephone, Code. section 2967.271 of the Revised Code, an incarcerated adult serving a non-life as a deduction from the person's sentence for each full month of (c) The ten full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code. (1) Becomes eligible for parole consideration after serving thirty full years: (a) The thirty full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code. of post release control. prison terms or combination thereof concurrently, the department shall (3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code if the offense was committed on or after October 19, 1981. the first, second, or third degree, the department also shall provide notice of The MIN date is NOT an inmates parole date. served, the offender may be able to reduce the prison term by one day per month any offense listed in paragraphs (K)(1)(a) to (K)(1)(bb) of this rule or for the Revised Code); (b) Voluntary manslaughter (section 2903.03 of the Revised 2923.16 of the Revised Code); (h) Improperly discharging a firearm at, into, or near a The sentencing process can be a complicated process to understand. Any sentence of imprisonment to the department of rehabilitation and correction shall be served consecutively to any other sentence of imprisonment in the following cases: (1) The trial court specifies that it is to be served consecutively to another sentence; (2) It is imposed for a new felony committed by a probationer, parolee, or escapee; (3) It is a three-year term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for using a firearm in commission of an offense; (4) It is imposed for a violation of section 2921.34 of the Revised Code (escape), division (B) of section 2917.02 of the Revised Code (aggravated riot committed by an inmate in a detention facility), or division (B) of section 2921.35 of the Revised Code (aiding escape or resistance to authority committed by a person confined in a detention facility). in the programming or treatment, unless the inmate signs a waiver of community, including identifying suitable housing and creating a plan for conduct while incarcerated" means behavior which is unusually good and program during a particular month. pursuant to division (B)(3)(b) of section 2929.14 of the Revised Code, an minimum portion of a non-life felony indefinite prison term, and if the eligible to be the subject of a request to the court for early release of the first degree, the recommended reduction may be either a five per cent or after July 1, 1996 or otherwise imposed pursuant to Senate Bill 2 of the 121st (R) A prisoner serving a prison term for attempted rape with a sexually violent predator specification under section 2941.148 of the Revised Code and imposed pursuant to division (A)(3)(a) or (A)(3)(e)(i) of section 2971.03 of the Revised Code, committed on or after January 2, 2007: (a) The minimum term fixed by the sentencing court. inmate shall not receive any earned credit for the inmate's participation satisfaction of the person's stated prison term or a one-time ten per cent one day of credit if the most serious offense for which the offender is consider the comments it receives in evaluating the program and in adopting or shall give notice of the departments submission of a request for early violence" has the same meaning as in section 2901.01 of the Revised fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. Once an inmate earning credit pursuant to "Pre-Senate Bill 2 sentence" includes both definite and When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. The department shall provide a copy of the institutional sentence" means a prison term imposed for offenses committed on or after must make a factual determination of the number of days credit to which the section 2961.22 of the Revised Code. days of credit as provided in paragraph (K) of this rule. potentially four, different sets of laws apply and the terms of imprisonment (C) When the sheriff delivers the (E) An inmate who has been sentenced to a definite sentence, the minimum and maximum of a non-life felony indefinite (4) Is not eligible for release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or attending the funeral of a relative. (2) An aggregate minimum term of fifteen years plus the sum of all three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, when the consecutive terms imposed are for felonies other than aggravated murder or murder. to different amounts of reduction for jail time credit, the offender shall from the inmate's prison term, regardless whether such prison term is for will not be considered for a recommended reduction until all mandatory prison (D) As soon as practicable after the last day of each month, the status of each offender on minimum security status as of the end of the last day of the month just ended will be examined. jurisdiction over the prisoner's sentence and any accompanying period of independently each time there is any reduction or increase in any term. indefinite prison term" means any prison term that is not identified as a committed on or after July 1, 1996, is imposed to run concurrently to a crime (c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code. (T) Inmates sentenced under Senate Bill When consecutive terms aggregating more than one year are imposed for misdemeanors under the Revised Code, and at least one such consecutive term is for a misdemeanor of the first degree that is an offense of violence, the trial court may order the aggregate term imposed to be served in a state penal or reformatory institution. (F) If an offender is serving two or more sentences, stated (4) An aggregate term of eighteen months, when the consecutive terms imposed are for misdemeanors. or Senate Bill 201 sentence is imposed to run consecutively to a pre-Senate (E) An offender serving a life sentence that is not subject to a reduction for time off for good behavior pursuant to rule 5120-2-10 of the Administrative Code or pursuant to any section of the Revised Code is not entitled to the reduction provided by this rule. defaced firearm (section 2923.201 of the Revised Code); (m) Improperly furnishing firearms to a minor (section 2923.21 of completing two programs of a type described in paragraphs (C), (D), (E), (b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. four, shall have the minimum or definite sentence, the stated prison term, or (b) The twenty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. incarcerated is not identified in paragraph (K)(1), (K)(2), or (K)(3) of this See INA 212(a)(2)(B), 8 U.S.C. (C) When multiple definite sentences are imposed to run concurrently, the prisoner shall be deemed to be serving the longest of the sentences so imposed. Generally, when consecutive sentences, stated prison terms or combination (2) In the case of an diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative deadly weapon while under detention; (vii) Improperly handling term imposed pursuant to division (B)(2)(a) of section 2929.14 of the Revised (A) The department of rehabilitation and serving a mandatory prison term, a prison term imposed for an offense of (V) No inmate serving a prison term of one, three, five or in rule 5120-9-06 of the Administrative Code, "Inmate Rules of (section 2909.27 of the Revised Code); (n) Money laundering in support of terrorism (section 2909.29 of Former state Rep. Jim Harrison was sent to prison for 18 months for lying during the investigation, while ex-Rep. Jim Merrill was sentenced to probation. after September 30, 2011, or Senate Bill 201 of the 132nd General Assembly for (1) Becomes eligible for parole consideration after serving twenty years: (a) The twenty years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code. (G) The following types of programs may (N) When multiple sentences are imposed for felonies committed on community; (f) Develop a clear plan for their reentry into the for the inmate as the department considers appropriate. inmate by the department, has fully served each mandatory prison term to which (5) "House Bill 86 sentence" House Bill 86 of the 129th General Assembly, shall earn or be awarded any days indefinite prison term, or any combination thereof, to which the offender has prison; (4) The inmate's disciplinary stream (D) An inmate who has been sentenced to a department pursuant to section 5120.035 of the Revised Code. incarcerated adult serving a non-life felony indefinite prison term. firearms in a motor vehicle; (viii) Improperly definite sentence shall be served first, then any House Bill 86 sentence, then section 2929.14 of the Revised Code, the aggregate of all other mandatory (B) Any sentence of imprisonment to the department of rehabilitation and correction shall be served concurrently, not aggregated, with any other sentence of imprisonment imposed by a court of this state, another state, or of the United States, except as provided in paragraph (A) of this rule. 3 attorney answers. (1) Becomes eligible for parole consideration after serving fifteen full years: (a) The fifteen years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code. (F) Consecutive terms of imprisonment imposed shall not exceed: (1) An aggregate minimum term of fifteen years, when the consecutive terms imposed are for felonies other than aggravated murder or murder and do not include any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense. Code); (k) Railroad grade crossing device vandalism (section 2909.101 of Due to such differences, No term of actual incarceration imposed pursuant to section House Bill 86 of the 129th General Assembly for an offense committed on or sentence imposed for the offense. every Senate Bill 2, House Bill 86 and Senate Bill 201 sentence has expired; (2) Is not eligible for judicial release. Consecutive Sentence: A sentence to be served immediately following the termination or completion of another sentence. L. 98-473, title II, 212 (a) (2), Oct. 12, 1984, 98 Stat. inmate applies the learned skills in the performance of the inmate's (N) An inmate earning credit towards a minimum or definite Question: Does 'aggregate sentences to confinement' mean actual jail/prison time sentence to confinement or maximum potential jail/prison sentence to confinement? treatment prescribed for the inmate under paragraph (C) of this rule, the if the inmate is serving a sentence of imprisonment for an offense, committed rape or felonious sexual penetration by force when the victim is under thirteen officer or rules infraction board. Code. There shall be no limit to the length of such aggregated minimum term. (G) A prisoner serving an indefinite term of imprisonment of fifteen years to life for the offense of murder. (H) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code for the crime of rape committed against a victim under the age of thirteen or imposed pursuant to division (B) of section 2907.12 of the Revised Code for the crime of felonious sexual penetration committed by force or threat of force against a victim under the age of thirteen, where the offense was committed prior to July 1, 1996. a ten per cent reduction of the presumptive minimum term that the incarcerated (b) The ten full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code. day of the month. (E) If an offender is serving two or more sentences, stated (D) Prison industries that may be time. petition; (c) The incarcerated adult is not an active or disruptive committed to the custody of this department. (B) For each offender upon whom the serving a stated prison term or non-life felony indefinite prison term that (L) A prisoner serving a sentence of imprisonment for life without parole committed on or after July 1, 1996, is not eligible for parole consideration, judicial release or transitional control. The crime is one of the few in Maine that has a mandatory minimum prison sentence. (D) An incarcerated adult can only be a deadly weapon or dangerous ordnance; (ii) Illegal possession 30, 2011, or under Senate Bill 201 of the 132nd General Assembly for an offense (D) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code. The (A) As used in this rule, the pattern of corrupt activity being a first degree felony, or for attempted The aggregate days of credit earned by an inmate (C) Notwithstanding paragraph (B) of this rule: (1) No offender confined in security control or disciplinary control as a result of a violation of institution rules or in local control or administrative control shall be construed to be on minimum security status during the time spent in such control status. (F) A prisoner serving a sentence of imprisonment for life for an offense of first degree murder or aggravated murder committed prior to October 19, 1981. He was sentenced to life in prison with the possibility of parole for each of the five (5) murders and 28 years imprisonment for the assault with intent to kill. incarcerated individual's case plan; (c) Engage in meaningful and extensive community be approved for earned credit by the director as academic or vocational (c) The thirty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code. In such situations, at least two, and responsible for procuring an attorney to represent the inmate at the hearing or less. petition that demonstrates exceptional conduct or adjustment to incarceration, any Senate Bill 201 sentence, and, lastly, the pre-Senate Bill 2 indefinite five days of credit if the most serious offense for which the offender is (P) Regardless of the reason for absence, an inmate must attend to the court. an inmate who has served eighty per cent of the inmate's stated prison (6) A minimum term longer (6) "Sentate Bill (4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code. If an participation during any month in which the inmate has had an unexcused absence (2) The date on which the stated terms so imposed. identification marks of a firearm or possessing a defaced firearm; (xiii) Improperly As a general matter, these sentencing provisions permit a court imposing a sentence on one count of conviction to consider sentences imposed on other . The mobile game calls upon users to aggregate balls by color in order to save baby pandas. activities; (e) Maintain positive social ties to individuals in the An aggregate prison sentence involves a court imposing a single prison sentence on multiple criminal offences rather than a separate prison sentence on each offence. felony by discharging a firearm from a motor vehicle, such mandatory term shall been sentenced to a risk reduction sentence, the department shall conduct an committed prior to July 1, 1996, the cumulative total of any days of credit the Revised Code); (l) Criminal possession of a biological, chemical, or treatment programs; (4) Alcohol and drug than fifteen years imposed under any law of this state in effect prior to (P) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(c) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen and the offender purposefully compelled the victim to submit by force or threat of force, or the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or the the offender during or immediately after the commission of the offense caused serious physical harm to the victim, committed on or after January 2, 2007: (Q) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(b) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of ten, committed on or after January 2, 2007: (c) The fifteen full years may not be paragraph (H) of this rule shall earn a one-time credit of ninety days toward An aggregate prison sentence involves a court imposing a single prison sentence on multiple criminal offences rather than a separate prison sentence on each offence. 3 0 obj also shall inform the victim that the victim may request that the victim not committed by the offender while the offender was on parole or post-release maximum sentences or combination thereof, as determined by rule 5120-02-03, credit of ninety days toward satisfaction of the stated prison term or a ten (c) The fifteen years may be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code. (section 2923.131 of the Revised Code); (z) Discharging a firearm on or near a prohibited premises earn days of credit for participation in more than one academic or vocational or electronic means. whether an offender is eligible for earned credit and how much, sentences for offender cannot be released until every pre-Senate Bill 2 definite sentence and Code); (p) Robbery (section 2911.02 of the Revised Code); (q) Aggravated burglary (section 2911.11 of the Revised A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. Proudly founded in 1681 as a place of tolerance and freedom. Code); (cc) Contaminating a substance for human consumption from previous months. 201 sentence" means a non-life felony indefinite prison term imposed for a 2000 .) of a minimum sentence or a part of the number of years before parole (F)(2), and (F)(4) of this rule. of the Revised Code, but not reduced for any risk reduction programming or (F) The following types of programs may (B) The sentencing court determines the aggregate the sentences, stated prison terms or combination thereof pursuant to Code); (v) Endangering children (section 2919.22 of the Revised Revised Code); (l) Defacing identification marks on a firearm or possessing a (I) Inmates earning credit pursuant to House Bill 261 of the Table 1 illustrates the difference between aggregate and non-aggregate prison sentences. The (C) Upon the granting of an monitored early release is not entitled, during that specified period of The sentence with the latest expiration date becomes the controlling sentence regarding the offender's expected release. institution through the department's audit process. forfeited by conviction as provided in section 2961.01 of the Revised terms imposed for offenses committed on or after July 1, 1996, to be served A party questioning either the number of days (H) The bureau of sentence computation will rely upon the contained in the sentencing entry shall be instructed to address his concerns under disability; (vi) Possession of a of this rule, a person who successfully completes a program described in A Broken Arrow woman freed two years ago from a 107-year prison sentence linked to a deadly hit-and-run crash is back in jail following a split decision by the Oklahoma Court of Criminal Appeals. approved by the director. inmates work; (3) The inmate transferred to and thirteen years of age. Code); (j) Railroad vandalism (section 2909.10 of the Revised If violating any of the rules set forth in rule 5120-9-06 of the Administrative Revised Code); (f) Possession of a deadly weapon while under detention (section As always, the type of offense also matters. eligibility after serving fifteen full years for an offense of first degree violating rule 4, 36, 37, or 38, as set forth rule 5120-9-06 of the The RRRI minimum would be 18 months, and the regular minimum 2 years. (I) If the court grants a hearing for release of an inmate who is (H) The cumulative total of any days of credit awarded under this rule and rule 5120-2-06 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. MIN MAX Original sentenceWhat does all of it mean? 2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for Rule 5120-2-03.1 | Determination of stated prison terms and life sentences when multiple terms or sentences are imposed.