How Ohio Grants or Denies Parole

Weighing individual characteristics of each case and inmate, Ohio looks at the following list of considerations, factors, and indicators in order to determine the suitability of an inmate for parole. While these lists are extensive, they are not deemed to be all inclusive since any relevant data will be considered.

(a) Any reports prepared by any institutional staff member relating to the inmate's personality, social history, and adjustment to institutional programs and assignments.

(b) Any official report of the inmate's prior criminal record, including a report or record of earlier probation or parole.

(c) Any pre-sentence or post-sentence report.

(d) Any recommendations regarding the inmate's release made at the time of sentencing or at any time thereafter by the sentencing judge, presiding judge, prosecuting attorney, or defense counsel.

(e) Any reports of physical, mental or psychiatric examination of the inmate.

(f) Such other relevant written information concerning the inmate as may be reasonably available, except that no document related to the filing of a grievance under AR 5120-9-31 shall be considered.

(g) Written or oral statements by the inmate, other than grievances filed under AR 5120-9-31.

(h) The equivalent sentence range under Senate Bill 2, (effective July 1, 1996) for the same offense of conviction, if applicable.

(i) The inmate's ability and readiness to assume obligations and undertake responsibilities, as well as the inmate’s own goals and needs.

(j) The inmate’s family status, including whether his relatives display an interest in him or whether he has other close and constructive association in the community.

(k) The type of residence, neighborhood, or community in which the inmate plans to live.

(l) The inmate's employment history and his occupational skills.

(m) The inmate’s vocational, educational and other training.

(n) The adequacy of the inmate's plan or prospects on release.

(o) The availability of community resources to assist the inmate.

(p) The physical and mental health of the inmate as they reflect upon the inmate's ability to perform his plan of release.

(q) The presence of outstanding detainers against the inmate.

(r) Any other factors determined to be relevant, except for documents related to the filing of a grievance under AR 5120-9-31. 3.

The following may be considered when determining the suitability of the release of an inmate:

(a) Factors related to the conduct of the offender and/or the circumstances surrounding the offense of conviction, including victim impact:

(i) Aggravating Factors: Generally demonstrating that the offender’s conduct is more serious than conduct normally constituting the offense:

• The physical or mental injury suffered by the victim due to the conduct of the inmate was exacerbated because of the physical or mental condition or age of the victim.
• The victim suffered serious and/or permanent physical, psychological or economic harm.
• The inmate demonstrated extreme brutality or cruelty.
• More than one victim was killed or sustained serious bodily injury.
• The inmate held a public office or position of trust in the community and the offense related to that office or position.
• The inmate’s occupation, elected office, or profession obliged him or her to prevent the offense or bring others committing it to justice, and he or she failed to do so.
• The inmate's professional reputation or occupation, elected office or profession was used to facilitate the offense or is likely to influence the future conduct of others.
• The inmate's relationship with the victim facilitated the offense.
• The inmate committed the offense for hire or as part of an organized activity.
• In committing the offense, the inmate was motivated by prejudice based on race, ethnic background, sexual orientation, gender or religion.
• The inmate committed an offense of domestic violence in the vicinity of one or more children who are not the victims of the offense and the inmate or the victim is a parent or guardian of one or more of those children.
• The inmate was responsible for an offense of unusual magnitude.
• The inmate caused the victim to have a miscarriage.
• The inmate's conduct while attempting to evade arrest caused circumstances creating a significant risk of harm to other persons.
• The inmate refused to make restitution, return stolen property or pay an outstanding fine despite the ability to do so.

(ii) Mitigating Factors: Generally demonstrating that the inmate's conduct is less serious than conduct normally constituting the offense:

• In committing the offense, the inmate did not cause or expect to cause physical harm to any person or property.
• The inmate did not knowingly contemplate that his or her conduct would result in the harm it did and the harm could not have been reasonably foreseen.
• The victim induced or facilitated the offense.
• In committing the offense, the inmate acted under strong provocation.
• There are substantial grounds to mitigate the inmate’s conduct, although the grounds are not enough to constitute a defense.
• The inmate was under duress or coercion to commit the offense.
• The offender attempted corrective measures by either attempting to withdraw prior to completion of the offense, or attempting to make restitution prior to the discovery of the offense.
• The inmate had or believed he had a genuine claim of right to property, although he used an unlawful method to obtain or reclaim said property.
• The inmate provided substantial cooperation to the government in the prosecution of other cases, or in averting a major disturbance.
• The inmate had diminished mental capacity to contemplate the seriousness of the offense (extremely low intelligence or youthfulness).
• The inmate had no substantial decision making authority in the planning or commission of the offense and did not finance the offense.
• The inmate was to receive a fee that was relatively small in comparison to the profit expected by the more culpable offenders in the offense.
• The inmate’s role in other than a controlled substance offense facilitated the commission of the offense in some way, but was not essential to the commission of that type of offense.
• In a controlled substance trafficking offense, the inmate did not own any of the controlled substance and did not sell or negotiate to sell any of the controlled substance.

(b) Factors related to the offender:

(i) Aggravating Factors: Generally demonstrating that the offender is likely to commit future crimes:

• The inmate committed the offense while under a community control sanction, while on probation, while on parole, while on post release control, or while released from custody on a bond or personal recognizance.
• The inmate was previously adjudicated a delinquent child or has a history of criminal convictions.
• The inmate has not been rehabilitated to a satisfactory degree after previously being adjudicated a delinquent child, or the inmate has not responded favorably to sanctions previously imposed for criminal convictions.
• The inmate has demonstrated a pattern of drug and alcohol abuse that is related to the offense and the inmate refuses to acknowledge that he or she has demonstrated the pattern, or the inmate refuses treatment for the drug or alcohol abuse.
• The inmate has demonstrated a history of non-compliance with supervision conditions and/or a disregard for sanctions imposed while under supervision.
• The inmate shows no genuine remorse for the offense.
• The inmate committed the offense while in possession of a firearm.
• The inmate previously served a prison term.
• The inmate has a history of repetitive assaultive behavior.
• The inmate has a history of repetitive sophisticated criminal behavior.
• The inmate has an extensive history of serious offenses.
• The inmate has obtained more than nine (9) prior convictions and/or has obtained more than five (5) prior commitments of more than one year.
• Inmate has a disciplinary history rating of "fair" or "poor".
• Inmate has a programming participation rating of "fair" or "poor".

(ii) Mitigating factors: Generally demonstrating that the inmate is not likely to commit future crimes:

• Prior to committing the offense, the inmate had not been adjudicated a delinquent child.
• Prior to committing the offense, the inmate had not been convicted of or pleaded guilty to a criminal offense.
• Prior to committing the offense, the inmate led a law-abiding life for a significant number of years.
• The inmate has a high Criminal History Risk Score that is based on minor offenses.
• The offense was committed under circumstances that are not likely to recur.
• The inmate demonstrates genuine remorse.
• The inmate has strong community resources available that previously were not available.
• The inmate has made substantial efforts to fulfill a restitution obligation.
• The inmate has substantial medical problems, including a poor medical prognosis.
• The inmate has a disciplinary history rating of “superior” or “good”.
• The inmate has a programming participation rating of “superior” or “good”.

(c) Sentencing Indicators: Those sentencing options that the trial court chose to impose:

(i) The sentencing court imposed the high end or maximum minimum sentence(s) and/or consecutive sentences.

(ii) The sentencing court initially granted probation, or after incarceration granted Shock or Supershock probation, and/or imposed the low end or minimum sentence and/or imposed concurrent sentences.

(d) Other Considerations:

(i) Whether information about possible aggravating or mitigating factors is credible, reliable, and verifiable;

(ii) Whether the sentencing court and/or prosecutor responded to the most recent hearing notice and whether the responses are form letters or detailed or definitive;

(iii) Whether the recommendation of the sentencing court and prosecutor are similar to each other or at variance with each other;

(iv) Whether the statements or information submitted by or on behalf of the victim of an offense is credible;

(v) Whether the statements or information submitted by or on behalf of the inmate is credible;

(vi) Whether there are issues related to co-defendant parity.

For more information, see: Third Edition of the Ohio Parole Board Guidelines Manual

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