Ohio — Statute

Hearing After Transfer of Control of Sentence to Court | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio ORC 2971.05 requires courts to hold hearings within 30 days after transferring control of an offender's prison sentence to review modifications or terminat

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Hearing After Transfer of Control of Sentence to Court

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law ORC 2971.05 mandates that courts hold hearings within 30 days after transferring control of an offender's prison sentence to determine if the offender's service requirements should be modified or terminated. These hearings can be initiated by transfer, elapsed time, or upon request by relevant authorities. The law aims to review and potentially adjust the offender's prison term conditions periodically.

Frequently Asked Questions

What triggers a hearing under Ohio ORC 2971.05?

A hearing is triggered when control over an offender's prison term is transferred to the court, after two years since the last hearing, or upon request by the prosecutor, department of rehabilitation, or parole authority.

How soon must the court hold a hearing after control is transferred?

The court must schedule the hearing within thirty days of the transfer of control over the offender's prison term.

What issues are addressed during these hearings?

The hearings focus on whether to modify the requirement that the offender serve the entire prison term in a state correctional institution, or to terminate the prison term altogether.

Can the prison term be revoked or revised during these hearings?

Yes, the court can decide to continue, revise, revoke, or terminate the existing modification of the prison term based on the hearing's findings.

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In simple terms: Ohio ORC 2971.05 requires courts to hold hearings within 30 days after transferring control of an offender's prison sentence to review modifications or terminat. This means people must follow this rule, and breaking it can lead to criminal penalties.

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