Full question:
Are you eligible for judicial release if you've been in a county for 3 full months waiting for transport to a prison facility or do you have to serve that time in an actual prison before you're eligible for judicial release?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Ohio
Answer:
In Ohio, eligibility for judicial release is defined under Ohio Revised Code § 2929.20. To qualify, a person must be serving a prison term of ten years or less and meet specific conditions:
- If the prison term does not include a mandatory term, the person is eligible.
- If the prison term includes a mandatory term, the person must have served that mandatory portion.
For judicial release, an eligible offender can file a motion after being delivered to a state correctional institution. The timing for filing varies:
- For fourth or fifth-degree felonies, the motion can be filed between thirty and ninety days after arriving at the prison.
- For first, second, or third-degree felonies, the motion can be filed after one hundred eighty days.
Time spent in a county jail waiting for transport does not count towards the time served in a state correctional facility. Therefore, you must serve time in an actual prison to be eligible for judicial release.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.