Koffel Law Blog
Recent Posts
New LSD-Type Drug Plagues Central Ohio
Why Ohio Needs HB 4
Did You Visit Amsun Massage? Koffel Law Firm Is Available for Consultations.
50 Shades of Grey Prompts Discussion About the Legality of Deviant Sexuality
New Study Paints Grim Picture of American Jails
Ohio's High Court Rules Part of Gross Sexual Imposition Law Unconstitutional
Probable Cause from a Trash Bin
State v. Beverly Refines RICO to Favor the State (Even More)
Most Popular
Xanax Use Among College Students Reaches "Epidemic" Proportions
Types of Informants
New LSD-Type Drug Plagues Central Ohio
Judicial Release in Ohio -- Early Release from Prison
Did You Visit Amsun Massage? Koffel Law Firm Is Available for Consultations.
2015 (18)
2014 (107)
2013 (100)
2012 (76)
2011 (46)
2010 (54)
2009 (5)
2007 (3)
2006 (18)
Practice Areas
DUI Defense
BMV Hearing
DUI With Injury
Multiple DUI
Ohio DUI / OVI Case Results
Ohio DUI / OVI Overview
Ohio DUI / OVI Penalties
Underage DUI
Ashland County DUI
Columbus DUI / OVI
Delaware County DUI
Fairfield County DUI
Licking County DUI
Madison County DUI
Morrow County DUi
Richland County DUI
Drug Crimes
Deception of Obtaining Drugs
Drug Cultivation
Drug Paraphernalia
Drug Trafficking / Sale
Possession of Drug Documents
Possession of Drugs
Trafficking Marijuana
High School and College Cases
ADD/ ADHD & Teen Use
Affluence & Teen Use
Alcohol & Teens
Cocaine & Teens
Heroin and Teens
Juvenile Crimes
Marijuana & Teens
Turbulent Teens: Advice for Parents
Underage Possession of Alcohol
Serious Vehicular Crimes
Aggravated Vehicular Assault
Aggravated Vehicular Homicide
Drag Racing
Driving Under Suspension
Nitrous Oxide & Motor Vehicle
Ohio Fleeing & Eluding
Ohio Hit-Skip
Reckless Driving
Sex Crimes
Computer Sex Crimes
Disseminating Matter Harmful to Juveniles
Gross Sexual Imposition
Ohio Offense Tiers
Ohio Sex Offender Registration
Pandering/Child Pornography
Public Indecency
Sexual Battery
Sexual Imposition
Unlawful Sexual Conduct
Theft Crimes
Credit Card Fraud
Investment Fraud
Mortgage Fraud
Stock Broker Misconduct
Workers' Comp Fraud
Other Offenses
Bench Warrants
Bond Hearings
Criminal Damaging
Disorderly Conduct
Gambling Offenses
Judicial Release
Probation Violations
Video Vault
Learn more about criminal defense
Get a copy of our DUI E-Book today
Get in Touch

Judicial Release in Ohio -- Early Release from Prison

By Brad Koffel

In Ohio, a sentencing judge has the unique power to grant early release from prison under certain circumstances and conditions. The governing statute is Ohio Revised Code section 2929.20. In Ohio, it is called "Judicial Release" ("Judicial" or "J.R.") and has been in existence since July 1, 1996. Prior to 1996, it was called Shock or Super Shock Probation.

The general rule is that a 5th degree and 4th degree felony offender can petition for judicial release between the 30th day and the 90th day from the time the offender reaches prison, not from the date of sentencing. For 1st, 2nd, and 3rd degree felony offenders, the motion can be filed 180 days after the offender has entered prison, not from the date of sentencing.

The Nuances of the Judicial Release Statute are as follows:

If the stated prison term is exactly 5 years, the motion can be filed 4 years or more after the offender starting serving the prison term.

If the stated prison term is more than 5 years but not more than 10 years, the motion can be filed once five years of the stated prison term have been served.

If consecutive sentences are ordered for multiple counts, the time for filing the motion for Judicial Release is calculated from the time the offender reaches the state prison to serve the entire sentence. The consecutive sentences do not effect calculation of time for Judicial Release.

Now, if the offender is sentenced on a mandatory prison term crime, the time to calculated the filing of the motion for Judicial Release does not start until the offender has served all of the mandatory prison time. If an offender receives a sentence beyond the mandatory minimum time, it is our professional opinion that the time to file starts after the mandatory minimum time expires.

For 1st and 2nd degree felony offenders, the original sentencing standards set forth in R.C. 2929.13(D) apply in determining whether or not Judicial Release is appropriate. The sentencing judge must weigh the likelihood of recidivism, the impact on the offender of the time spent in prison, and whether or not community control (formerly known as probation) would demean the seriousness of the offense(s).

Who is not eligible for Judicial Release?

An offender who receives a prison term greater than 10 years is not eligible to petition for Judicial Release.

Public officials who commit certain felonies are not eligible for Judicial Release.

How to Petition for Judicial Release / Timing of Holding a Hearing:

Once the statutory time period has elapsed, a felony offender may petition for Judicial Release by filing a written motion. The judge may deny the motion without a hearing within 60 days of the filing of the motion which preserves the offender's eligibility to petition. However, if the judge marks the Entry "With Prejudice", then the offender can no longer petition for Judicial Release. A judge cannot grant Judicial Release without conducting a hearing and notifying all the parties. A court will only hold one hearing for an offender. We refer to this as a "One and Done" hearing.

If the judge is going to grant a hearing, the hearing must be held within 60 days from the filing of the motion. However, the judge can delay the hearing up to an additional 180 days. If the judge holds a hearing, the decision must be made within 10 days of the hearing. It is required that the judge receive and review an "Institutional Summary" of the offender prior to granting a motion for Judicial Release. This report will contain the efforts the offender has taken while institutionalized to improve himself or herself. Victims of the crime have a right to be heard at the Judicial Release hearing.


No Comments Posted
The Koffel Law Firm - Columbus Criminal Defense Lawyer
Located at 1801 Watermark Drive, Suite 350
Columbus, OH 43215
Local Phone: (614) 884-1100.

Attorney Web Design

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.