OHIO PAROLE BOARD
GUIDELINES MANUAL

Third Edition
July 1, 2007

Ohio Department of Rehabilitation and Correction
Terry J. Collins, Director

July 1, 2007

Preface
The purpose of the Ohio Parole Board revised Guidelines Manual is to assist the Parole Board in
fulfilling its primary statutory duty to determine whether “there is reasonable ground to believe
that… “paroling the prisoner would further the interests of justice and be consistent with the
welfare and security of society.”[O.R.C. Section 2967.03] The revised guidelines are newly
structured to promote consistent, fair, and equitable decisions in determining the suitability of
release of inmates back to the community, without removing the opportunity for individual case
consideration.
The revised Guidelines Manual maintains the use of a two-dimensional matrix chart, but only as
the structured starting point in the decision making process, not the primary measure in
determining release suitability. The offense category is now determined per the offense(s) of
conviction only, and only for those convictions wherein an indefinite sentence was imposed.
Many offense categories were removed, as they applied to offenses that did not bear indefinite
sentences, or which have become extinct as controlling sentences for those inmates subject to
release at the discretion of the Parole Board. The four risk of recidivism categories have not
been changed. The guideline ranges have been changed to acknowledge statutory eligibility for
release upon service of the minimum sentence as indicated by the term “min” at the bottom of
each range.
The guideline ranges are a suggestion of time to be served for the typical or average cases and
presume good institutional behavior. However, the ranges should not be interpreted as mandating
release within the range. The guideline ranges do not usurp the Parole Board’s discretion and
authority to release an inmate at any time after service of the minimum sentence prior to the
expiration of the maximum sentence. The applicable guideline range is meant solely to suggest
an initial threshold (a suggested starting point of analysis) toward making a full and fair
assessment of all relevant factors, indicators and other considerations in determining the inmate’s
suitability for release.
Additions to the Guidelines Manual include review and assessment of the applicable Mandatory
Considerations as listed in Administrative Rule 5120:1-1-07. Most notable is the requirement
that the Board give consideration to Senate Bill 2 (SB2) sentencing ranges, when applicable.
The Board endeavors to give every possible and appropriate consideration to current sentencing
law equivalency, as best as such equivalency can be determined. However, current sentencing
law ranges are not a sole determinant in assessing the suitability of release of any inmate.
Beyond the Mandatory Considerations cited in the Administrative Rule, the revised Guidelines
Manual requires that additional review and assessment be given to the lists of other
considerations, factors and indicators as delineated in Part E of this manual. None of the
included lists are meant to be exhaustive of the nature, kind or character of credible, reliable
factors or indicators that the Board can weigh in giving meaningful consideration for release.
The Board desires to encourage individual case consideration by assessing and weighing the
mandated considerations, and additional considerations, factors and indicators to determine if an
inmate is suitable for release at initial statutory eligibility and any subsequent hearing, if
applicable.

i

July 1, 2007

As stated in earlier versions of the Ohio Parole Board Guidelines Manual, revision is part of an
ongoing quality improvement process. The current revisions reflect evolution of practical usage,
change of Board Member composition and philosophy, current sentencing law considerations,
and substantive modifications based on Ohio court decisions in the Layne and Ankrom cases.

CYNTHIA MAUSSER
Chairperson

ii

July 1, 2007

Contents
PART A: PAROLE GUIDELINES CHART

Page 1

PART B: OFFENSE SERIOUSNESS INDEX

Page 2

CHAPTER ONE - OFFENSES OF GENERAL APPLICABILITY

Page 2

CHAPTER TWO - OFFENSES AGAINST THE PERSON
Subchapter A - Homicide Offenses
Subchapter B - Assault and Abuse Offenses
Subchapter C - Kidnapping Offenses
Subchapter D - Sexual Offenses

Page 3
Page 3
Page 5
Page 7
Page 8

CHAPTER THREE - OFFENSES AGAINST PROPERTY
Subchapter A - Arson Offenses
Subchapter B - Criminal Entry Offenses
Subchapter C - Robbery and Extortion Offenses
Subchapter D - Theft and Related Offenses

Page 11
Page 11
Page 12
Page 13
Page 15

CHAPTER FOUR - OFFENSES INVOLVING DETENTION FACILITIES

Page 17

CHAPTER FIVE - OFFENSES INVOLVING INDIVIDUAL RIGHTS
Subchapter A- Offenses Against the Family

Page 18
Page 18

CHAPTER SIX - OFFENSES INVOLVING ILLICIT DRUGS

Page 19

CHAPTER SEVEN - OFFENSES INVOLVING DEADLY WEAPONS
AND DANGEROUS ORDNANCES

Page 24

CHAPTER EIGHT - OFFENSES INVOLVING ORGANIZED
CRIMINAL ACTIVITY, OBSCENITY AND SEXUAL EXPLOITATION
OF CHILDREN
Subchapter A - Organized Criminal Activity
Subchapter B - Obscenity Offenses
Subchapter C - Sexual Exploitation of Children

Page 26

Page 26
Page 26
Page 27

CHAPTER NINE – MISCELLANOUS OFFENSES
Subchapter A -Listed offenses
Subchapter B -Unlisted offenses

Page 29
Page 29
Page 29

iii

July 1, 2007

CHAPTER TEN - ADJUSTMENTS, DEFINITIONS, AND
GENERAL NOTES
Subchapter A – Adjustments To Offense Category
Subchapter B – Definitions
Subchapter C - General Notes

Page 30
Page 32
Page 34

PART C: CRIMINAL HISTORY / RISK SCORE
Criminal History / Risk Scoring Manual
Item A – Prior convictions/adjudications (Adult or Juvenile)
Item B – Prior commitments of more than one year (Adult or Juvenile)
Item C – Recent commitment free period (Three years)
Item D - Probation/Parole/Confinement/Escape status violator this time
Item E – Prior Probation/Parole Revocations
Item F – Older Offenders
Special Instructions - Probation Violator This Time
Special Instructions - Parole Violator This Time

Page 36
Page 37
Page 37
Page 41
Page 42
Page 43
Page 44
Page 44
Page 45
Page 45

PART D: CURRENT SENTENCING LAW
Meaning and Purpose
Application

Page 46
Page 46
Page 46

PART E: CONSIDERATIONS, FACTORS AND INDICATORS
Meaning and Purpose
Mandatory Considerations
Other Considerations, Factors and Indicators
Factors related to the offense
Factors related to the offender
Sentencing Indicators
Other Considerations
Rating Disciplinary History and Programming Participation
Formulating a Recommendation

Page 47
Page 47
Page 47
Page 48
Page 48
Page 50
Page 51
Page 51
Page 52
Page 53

PART F: GUIDELINE APPLICATION PROCEDURES
Completion of the Decision Sheets
Calculating Time in Custody
Projected Release Dates
Continuance Dates

Page 54
Page 54
Page 54
Page 55
Page 57

APPENDIX

Page 59

iv

Page 30

July 1, 2007

PART A: PAROLE GUIDELINES CHART

The Parole Guidelines Chart sets forth the applicable guideline range for the typical or
“heartland” case based on the seriousness of the inmate’s current offense of conviction and the
offender’s Criminal History/Risk Score. The guideline ranges acknowledge statutory eligibility
for release upon service of the minimum sentence as indicated by the term “min” at the bottom
of each range. The guideline ranges are a suggestion of time to be served in months for the
typical or average case. However, the ranges should not be interpreted as mandating release
within the range. The guideline ranges are meant to serve as one of the tools in the release
decision making process, and do not usurp the Parole Board’s discretion and authority to release
an inmate at any time after service of the minimum sentence prior to the expiration of the
maximum sentence. The applicable guideline range is meant solely to suggest an initial threshold
(a suggested starting point of analysis) toward making a full and fair assessment of all relevant
factors, indicators and other considerations in determining the inmate’s suitability for release.
The applicable guideline range presumes good institutional conduct, fulfillment of any special
conditions imposed by the Parole Board, and the development of a suitable release plan.

PAROLE GUIDELINES CHART
(Applicable Guideline Range in Months that indicates typical or heartland time to be Served Before Release
By Offense Category and Criminal History/Risk Score)

OFFENSE
CATEGORY
1
2
3
4
5
6
7
8
9
10
11
12
13

CRIMINAL HISTORY / RISK SCORE____
[0 or 1]
[2, 3, or 4]
[5 or 6]
[7 or 8]
min-6
min-12
min-18
min-24
min-36
min-48
min-60
min-84
min-120
min-180
min-240
min-300
min-life

min-10
min-16
min-24
min-32
min-48
min-60
min-84
min-108
min-144
min-210
min-270
min-330
min-life

min-14
min-20
min-32
min-44
min-60
min-84
min-108
min-132
min-168
min-240
min-300
min-360
min-life

1

min-18
min-28
min-40
min-56
min-80
min-108
min-132
min-156
min-192
min-270
min-330
min-390
min-life

July 1, 2007

PART B: OFFENSE SERIOUSNESS INDEX
CHAPTER ONE - OFFENSES OF GENERAL APPLICABILITY

101.

Conspiracy
Grade conspiracy as two categories lower than the category applicable to the underlying
offense (the offense that was the object of the conspiracy), but not greater than Category
10.
Notes and Procedures
In determining the offense category for the underlying offense (the offense that was the
object of the conspiracy), consider only those circumstances that are known either to have
occurred or to have specifically been intended. Example: In a conspiracy to commit
arson, the nature of the structure to be burned and its value, if known, would be taken into
account. (Note: An offense category shall not be reduced below a Category 1).

102.

Attempt
(A)

Grade an attempt as two categories lower than the category for the underlying
offense (the offense that was the object of the attempt), but not greater than
Category 10 (Note: An offense category shall not be reduced below a Category 1).

(B)

Exception: If the offense attempted was rape (Offense Guideline 231) or felonious
sexual penetration (Offense Guideline 232) grade as one category lower than the
category for the underlying offense.
Notes and Procedures

In determining the offense category for the underlying offense, only those circumstances
that are known either to have occurred or to have specifically been intended are to be
taken into account. Example: In an attempted arson, the nature of the structure to be
burned and its value, if known, would be taken into account.
103.

Complicity
Grade complicity as the same category as the underlying offense (the principal offense).

2

July 1, 2007

CHAPTER TWO - OFFENSES AGAINST THE PERSON

SUBCHAPTER A - HOMICIDE OFFENSES
201.

Aggravated Murder and Murder
Category 13.
Notes and Procedures
In previous editions of the Guidelines Manual, these two offenses were assigned separate
Offense Categories. Murder was designated as a Category 11 or 12, with a corresponding
guideline range reflecting a number of months at the high end of the range, instead of
Life. Due to the fact that both offenses require a maximum sentence of Life under
criminal sentencing law, the offense of Murder was reassigned an Offense Category 13,
which reflects Life at the high end of the ranges. By making this change, any previous
impression or presumption that an offender convicted of Murder will be released after
serving a definitive amount of time and will not have to serve Life is removed.
The distinctions between the seriousness of the offenses will be addressed by the
different minimum sentences required to be served before parole release eligibility, and
when determining release suitability. The Board recognizes in making this change that
particular care must be given when considering the release of offenders convicted of
these most serious offenses in order to be consistent with the welfare and security of
society, and to maintain public safety.

202.

Voluntary Manslaughter
Category 9.

203.

Involuntary Manslaughter
Use the greatest applicable category:
(A)

Category 11 if offender is also convicted of kidnapping, any sex offense,
aggravated arson, or an attempt to commit any of these offenses.

(B)

Category 10 if -(1)

a firearm is discharged; or

(2)

the offense involved conduct resulting from the offender’s voluntary
consumption of a drug or alcohol that resulted in an impairment severe
enough to preclude the offender from forming an “intent to kill”; or

3

July 1, 2007

(3)
(4)

204.

the offender was convicted of aggravated robbery or aggravated burglary,
or an attempt to commit any of these offenses; or
the victim is less than 13 years of age.

(C)

Category 8 if the offender is also convicted of intentional assault.

(D)

Category 7 if the offender was also convicted of escape or attempt to escape from
secure custody and the offender, at the time of the offense was being detained as a
sexually violent predator, or for aggravated murder, murder, or a felony of the
first or second degree.

(E)

Category 6 in any other case.

Aggravated Vehicular Homicide
Use the greatest applicable category:
(A)

Category 8 if the offender -(1)

is attempting to elude police;

(2)

has a blood alcohol content of .20 or more;

(3)

has a prior conviction for aggravated vehicular homicide, vehicular
homicide, involuntary manslaughter involving a vehicle, or aggravated
vehicular assault;

(4)

has a prior conviction for driving under the influence within the five years
preceding the offense; or

(5)

is operating without a license or with a revoked or suspended license.

(B)

Category 7 if the offender has accumulated 12 points for driving infractions
within the two years preceding the offense.

(C)

Category 4 in any other case.

4

July 1, 2007

SUBCHAPTER B - ASSAULT AND ABUSE OFFENSES

211.

Felonious Assault
Use the greatest applicable category:
(A)

212.

Category 7 if -(1)

serious bodily injury results; or

(2)

a firearm is discharged.

(B )

Category 4 if bodily injury results.

(C)

Category 3 in any other case.

(D)

Exception: If the victim is a peace officer or other criminal justice system
employee, the offense category shall be one category greater than that set forth
above. This increase shall not apply, however, if it is established that the offense
had no connection with the victim’s occupation.

Aggravated Assault
Use the greatest applicable category:
(A)

213.

Category 5 if -(1)

serious bodily injury results; or

(2)

a firearm is discharged.

(B)

Category 2 if bodily injury results.

(C)

Category 1 in any other case.

Assault (felony provisions only)
Category 2.

5

July 1, 2007

214.

Aggravated Vehicular Assault
Use the greatest applicable category:
(A)

215.

Category 5 if the offender -(1)

is attempting to elude police;

(2)

has a blood alcohol content of .20 or more;

(3)

has a prior conviction for aggravated vehicular homicide, vehicular
homicide, involuntary manslaughter involving a vehicle, or aggravated
vehicular assault;

(4)

has a prior conviction for driving under the influence within the five years
preceding the offense; or

(5)

is operating without a license or with a revoked or suspended license.

(B)

Category 4 if the offender has accumulated 12 points for driving infractions
within the two years preceding the offense.

(C)

Category 2 in any other case.

Gross Patient Abuse
(A)

Category 3 if serious bodily injury results.

(B)

Category 2 in any other case.

6

July 1, 2007

SUBCHAPTER C - KIDNAPPING OFFENSES

221.

Kidnapping and Child Stealing
Use the greatest applicable category:
(A)

If the kidnapping was committed to facilitate the commission of another felony
offense for which the offender is also convicted, use the greatest applicable
category, but in no event less than Category 9.

(B)

Category 10 if --

(C)

222.

(1)

for ransom or to force any action or concession on the part of
governmental authority;

(2)

serious bodily injury results; or

(3)

the victim is detained for 24 hours or more.

Category 9 if -(1)

bodily injury results; or

(2)

the victim is detained for 12 hours or more.

(D)

Category 8 in any other case.

(E)

Exception: If the offender is also convicted of rape or a felonious sexual
penetration of the victim, score as Category 10 (Offense Guideline 231 [A] [4]).
If the offender was convicted of attempt of these offenses (kidnapped and a rape
or a felonious sexual penetration was attempted), score as a Category 9 (Offense
Guideline 102 [B] and 231 [A] [4], [C]).

Abduction
Use the greatest applicable category:
(A)

Category 7 if -(1)

serious bodily injury results; or

(2)

the victim is restrained for 24 hours or more.

7

July 1, 2007

(B)

(C)

Category 5 if -(1)

bodily injury results; or

(2)

the victim is restrained for 12 or more hours.

Category 4 in any other case.

SUBCHAPTER D - SEXUAL OFFENSES
231.

Rape
Use the greatest applicable category:
(A)

Category 13 if the inmate is serving a Life sentence for a rape conviction.

(B)

Category 11 if the inmate is convicted of more than one count of rape involving
more than one victim under the age of 16.

(C)

Category 10 if –
(1)
serious bodily injury results;
(2)

the victim is raped by more than one offender;

(3)

the victim is less than 16 years of age; or

(4)

the offender is also convicted of kidnapping the victim.

(D)

Category 9 in any other case.

(E)

The offense category for an attempt to commit a rape shall be one category lower
than that set forth above.
Notes and Procedures

In previous editions of the Guidelines Manual, no distinction was made between Rape
convictions that received Life sentences and Rape convictions that received a definitive
number of years as the maximum sentences. To prevent any impression or presumption
that an offender convicted of Rape with a Life sentence will be released after a definitive
amount of time served, and will not be required to serve Life, Rape with a Life sentence
is changed in this edition to an Offense Category 13, which indicates Life as the high end
of the guideline ranges.

8

July 1, 2007

232.

Felonious Sexual Penetration
Grade as if a rape offense (Offense Guideline 231).

233.

Sexual Battery
Use the greatest applicable category:
(A)

Category 7 if the inmate is convicted of more than one count of Sexual Battery
involving more than one victim.

(B)

Category 6 if the offender knowingly coerced the other person to submit by any
means that would prevent resistance by a person of ordinary resolution.

(C)

Category 5 if --

(D)

(1)

the offender is the victim’s natural or adoptive parent, or a stepparent, or
guardian, custodian, or person in loco parentis of the victim;

(2)

the victim is in custody of law or a patient in a hospital or other institution,
and the offender has supervisory or disciplinary authority over the victim;

(3)

the offender is a teacher, administrator, coach, or other person in authority
employed by or serving in a school for which the state board of education
prescribes minimum standards (pursuant to O.R.C. 3301.07[D]), the
victim is enrolled in or attends that school, and the offender is not enrolled
in and does not attend that school;

(4)

the victim is a minor, the offender is a teacher, administrator, coach, or
other person in authority employed by or serving in an institution of higher
education, and the victim is enrolled in or attends that institution; or

(5)

the victim is a minor, and the offender is the victim’s athletic or other type
of coach, is the other person’s instructor, is the leader of a scouting troop
of which the victim is a member, or is a person with temporary or
occasional disciplinary control over the victim.

Category 4 in any other case.

9

July 1, 2007

234.

Gross Sexual Imposition
Use the greatest applicable category:
(A)

Category 6 if the offender is convicted of more than one count of GSI involving
more than one victim under the age of 13.

(B)

Category 5 if the victim is –

(C)

235.

(1)

compelled to submit by force or fear of force; or

(2)

less than 13 years of age.

Category 3 in any other case.

Corruption of a Minor (felony provisions only)
Category 3.

10

July 1, 2007

CHAPTER THREE - OFFENSES AGAINST PROPERTY

SUBCHAPTER A - ARSON OFFENSES

301.

Aggravated Arson
Use the greatest applicable category:
(A)

Category 9 if serious bodily injury results.

(B)

Category 8 if a person other than the offender was present in the structure at the
time of the arson.

(C)

Category 7 if --

(D)

302.

(1)

bodily injury results; or

(2)

the loss is $250,000 or more.

Category 6 in any other case.

Arson (felony provisions only)
Use the greatest applicable category:
(A)

Category 8 if the loss is $500,000 or more.

(B)

Category 7 if the loss is at least $100,000, but less than $500,000.

(C)

Category 6 if the loss is at least $25,000, but less than $100,000.

(D)

Category 5 if the loss is at least $5,000, but less than $25,000.

(E)

Category 4 in any other case.

11

July 1, 2007

SUBCHAPTER B - CRIMINAL ENTRY OFFENSES
311.

Aggravated Burglary
Use the greatest applicable category:
(A)

Category 9 if serious bodily injury results.

(B)

Category 8 if:
(1)

a firearm is discharged;

(2)

bodily injury results; or

(3)

a victim is bound or locked up.

Example: A victim is locked in a closet to facilitate the offender’s getaway.
(C)

(D)

(E)

Category 7 if:
(1)

a firearm or other deadly weapon is brandished; or

(2)

the loss is $250,000 or more.

Category 6 if:
(1)

a firearm or other deadly weapon was displayed or possessed; or

(2)

the loss is at least $100,000 but not more than $250,000.

Category 5 if –
(1)

a victim is present at the time of the entry; or

(2)

a victim returns and the offender threatens physical harm to the victim by
word or action.

(F)

Category 4 if a permanent or temporary habitation, and victim is not present.

(G)

Category 3 in any other case.

12

July 1, 2007

312.
(A)

Burglary
Category 5 if –
(1)

a victim is present at the time of the entry; or

(2)

a victim returns and the offender threatens physical harm to the victim by
word or action.

(B)

Category 4 if a permanent or temporary habitation, and victim is not present.

(C)

Category 3 in any other case.

SUBCHAPTER C - ROBBERY AND EXTORTION OFFENSES

321.

Aggravated Robbery or Robbery
Use the greatest applicable category:

(A)

Category 9 if serious bodily injury results.

(B)

Category 8 if:
(1)

a firearm is discharged;

(2)

bodily injury results; or

(3)

a victim is bound or locked up.

Example: A victim is locked in a closet to facilitate the offender’s getaway.
(C)

Category 7 if:
(1)

a firearm or other deadly weapon is brandished or displayed; or

(2)

the loss is $250,000 or more.

13

July 1, 2007

(D)

(E)

Category 6 if:
(1)

a firearm or other deadly weapon is possessed; or

(2)

the loss is at least $100,000 but not more than $250,000.

Category 5 if none of the factors from Subsections (A)-(D) are applicable.

Notes and Procedures
A conviction for Robbery shall be no higher than an offense category 6.

322.

Extortion
Category 5.

14

July 1, 2007

SUBCHAPTER D - THEFT AND RELATED OFFENSES

331.

Theft and Related Offenses (felony provisions only)
Use the greatest applicable category:
(A)

Category 7 if the loss is $500,000 or more.

(B)

Category 6 if the loss is at least $250,000, but less than $500,000.

(C)

Category 5 if the loss is at least $100,000, but less than $250,000.

(D)

Category 4 if the loss is at least $25,000, but less than $100,000.

(E)

Category 3 if the loss is at least $10,000 but less than $25,000.

(F)

Category 2 if the loss is at least $1,000, but less than $10,000.

(G)

Category 1 if the loss is less than $1,000.

(H)

Exceptions:
(1)

If the offender is part of an organized vehicle theft ring, grade as above,
but not less than Category 4.

(2)

If the property stolen is a motor vehicle, firearm, or dangerous ordnance,
grade as set forth above, but not less than Category 3.

(3)

If the offense involves receiving stolen property with intent to resell
(fencing stolen property), grade as set forth above, but not less than
Category 3.

(4)

If the offense involved (A) credit cards or checks stolen from more than
one person; or (B) a fraudulently manufactured credit card, grade as set
forth above but not less than Category 3.

(5)

If the property stolen is a dangerous drug, grade as set forth above, but not
less than Category 2.

(6)

If the property stolen is a credit card or blank check, grade as set forth
above, but not less than Category 2.

15

July 1, 2007

Notes and Procedures
1.

Offenses covered by this guideline include theft, theft in office, receiving stolen property,
unauthorized use of property, passing bad checks, misuse of a credit card, tampering with
records, securing writings by deception, insurance fraud and workers’ compensation
fraud .

2.

Loss is defined as follows:

3.

(a)

In the case of a theft, loss is the fair-market retail value of the stolen property.

(b)

In the case of a fraud, loss is the difference between the value of what the
offender receives in the transaction and the value (if any) of what the offender
gives in return. For example, if an offender fraudulently misrepresents the value
of a stock as $10,000 and sells it at that price when the stock is actually worth
$1,000, the loss to the victim is $9,000.

(c)

In the case of a forgery, the loss is the amount that the offender obtained or
attempted to obtain for the forged instrument.

(d)

In the case of property damage or destruction, the loss is the fair-market
replacement value of the property.

(e)

If the offense is not completed, “loss” is the value of the property that the offender
attempted to steal or the damage that the offender attempted to cause.

In the case of multiple offenses covered by this guideline that are not separated by an
intervening arrest (for one of the offenses), determine the offense category by the
aggregate loss. In the case of multiple offenses separated by an intervening arrest (for
one of the offenses), determine the offense category by the aggregate loss, or the Multiple
Separate Offense Rule in Chapter 10, Subchapter A, which ever results in the higher
offense category.

16

July 1, 2007

CHAPTER FOUR- OFFENSES INVOLVING DETENTION FACILITIES

401.

Escape or Attempted Escape (felony provisions only)
(A)

Category 6 if the defendant, at the time of the commission of the offense, is (1)
detained as a sexually violent predator, or for aggravated murder, murder,
voluntary manslaughter, involuntary manslaughter (first degree felony only),
kidnapping, rape, felonious sexual penetration, or aggravated arson, and (2)
escapes from secure custody.

(B)

Category 3 if --

(C)

(1)

the defendant, at the time of the commission of the offense, is (A) detained
for any other felony, and (B) escapes from secure custody; or

(2)

the defendant, at the time of the commission of the offense, is (A) detained
as a sexually violent predator, or for aggravated murder, murder, voluntary
manslaughter, involuntary manslaughter (first degree felony only),
kidnapping, rape, felonious sexual penetration, or aggravated arson, and
(B) escapes from non-secure custody.

Category 2 in any other case.

Notes and Procedures

1.

Secure custody means custody with significant physical restraint. Non-secure custody
means custody without any significant physical restraint (e.g., walkaway from unescorted
work release, failure to return from an unescorted furlough, escape by stealth from an
institution with no physical perimeter barrier).

2.

Parole Violators at Large returned as Technical Parole Violators, and Parole Violators at
Large admitted for Escape (absconding parole) convictions both are to be treated as
Technical Parole Violators (not as escapees under Offense Guideline 401).

17

July 1, 2007

CHAPTER FIVE - OFFENSES INVOLVING INDIVIDUAL RIGHTS
SUBCHAPTER A - OFFENSES AGAINST THE FAMILY
501.

Endangering Children (felony provisions only)
(A)

Category 7 if -(1)

(2)
(B)

(C)

the offense involves --(a)

torturing or cruelly abusing the child;

(b)

administering corporal punishment or another physical disciplinary
measure, or physically restraining the child in a cruel manner or for
a prolonged period, which punishment, discipline, or restraint is
excessive under the circumstances and creates a substantial risk of
serious physical harm to the child, or

(c)

repeatedly administering unwarranted disciplinary measures to the
child, when there is a substantial risk that such conduct, if
continued, will seriously impair or retard the child’s mental health
or development; and

serious bodily injury to the child results.

Category 5 if -(1)

serious bodily injury to the child results; or

(2)

the offense involves --(a)

torturing or cruelly abusing the child;

(b)

administering corporal punishment or another physical disciplinary
measure, or physically restraining the child in a cruel manner or for
a prolonged period, which punishment, discipline, or restraint is
excessive under the circumstances and creates a substantial risk of
serious physical harm to the child, or

(c)

repeatedly administering unwarranted disciplinary measures to the
child, when there is a substantial risk that such conduct, if
continued, will seriously impair or retard the child’s mental health
or development.

Category 3 in any other case.

18

July 1, 2007

CHAPTER SIX - OFFENSES INVOLVING ILLICIT DRUGS
601.

Trafficking in Drugs, Marijuana, Cocaine, LSD, Heroin, or Hashish
(felony provisions only)
(A)

Category 9 if the amount is 200,000 drug units or more.

(B)

Category 8 if the amount is at least 100,000 drug units but less than 200,000 drug
units.

(C)

Category 7 if the amount is at least 50,000 drug units but less than 100,000 drug
units.

(D)

Category 6 if the amount is at least 20,000 drug units but less than 50,000 drug
units.

(E)

Category 5 if the amount is at least 5,000 drug units but less than 20,000 drug
units.

(F)

Category 4 if the amount is at least 1,000 drug units but less than 5,000 drug
units.

(G)

Category 3 if the amount is at least 200 drug units but less than 1,000 drug units.

(H)

Category 2 if the amount is less than 200 drug units.

(I)

Exceptions:

(J)

(1)

If the offense was committed in the vicinity of a school or a juvenile,
increase the category determined above by one category.

(2)

If the offender, or a person under the offender’s control, carried or
possessed a firearm during and in relation to the offense, increase the
category determined above by one category.

(3)

If more than one of the above exceptions applies, the total adjustment shall
be cumulative.

Drug Units Defined
The following definitions are based on the weight of the compound, mixture,
preparation or substance containing the controlled substance:
(1)

Marijuana
(a)

1 gram of marijuana = 1 drug unit.

19

July 1, 2007

(2)

(3)

(4)

(5)

Hashish
(a)

1 gram of hashish in solid form = 20 drug units.

(b)

1 gram of hashish in a liquid concentrate, liquid extract, or liquid
distillate form = 100 drug units.

Cocaine
(a)

1 gram of cocaine = 40 drug units.

(b)

1 gram of crack cocaine = 200 drug units.

LSD
(a)

1 dosage unit of LSD = 20 drug units.

(b)

1 gram of LSD in a liquid concentrate, liquid extract, or liquid
distillate form = 200 drug units.

Heroin
(a)

(6)

1 gram of heroin = 200 drug units.

Schedule I or II Drugs (except marijuana, cocaine, LSD, heroin, and
hashish)
(a)

1 unit dose of a Schedule I opiate or opium derivative (if in final
dosage form) = 40 drug units.

(b)

1 gram of a Schedule I opiate or opium derivative (if not in final
dosage form) = 100 drug units.

(c)

1 gram of raw or gum opium = 100 drug units.

(d)

1 unit dose (if in final dosage form) of a Schedule I hallucinogen
(other than tetrahydrocannabinol), a Schedule I stimulant, or a
Schedule I depressant = 100 drug units.

(e)

1 gram (if in other than final dosage form) of a Schedule I
hallucinogen (other than tetrahydrocannabinol), a Schedule I
stimulant, or a Schedule I depressant = 33.33 drug units.

(f)

1 gram of a Schedule II opiate or opium derivative = 50 drug units.

20

July 1, 2007

(7)

(g)

1 unit dose tetrahydrocannabinol (if in final dosage form) = 100
drug units.

(h)

1 gram of tetrahydrocannabinol (if in other than final dosage form)
= 1000 drug units

(i)

1 unit dose of phencyclidine (if in final dosage form) = 100 drug
units.

(j)

1 gram of phencyclidine (if in other than final dosage form) = 200
drug units.

(k)

1 gram of a Schedule II depressant or Schedule II hallucinogenic
substance = 8.33 drug units

(l)

1 gram of a Schedule II stimulant (if in final, legitimate
pharmaceutical dosage form) = 8.33 drug units.

(m)

1 gram of a Schedule II stimulant, or any of its salts or isomers, (if
in other than final legitimate pharmaceutical dosage form) = 333.3
drug units.

Schedule III, IV, or V Drugs
(a)

1 gram of a Schedule III or IV substance (other than an anabolic
steroid or Schedule III opiate or opium derivative) = 1.66 drug
units.

(b)

1 gram (or 1 milliliter) of a Schedule V substance = 0.8 drug units.

(c)

1 solid unit dose of an anabolic steroid = 1 drug unit.

(d)

1 gram (or 1 milliliter) of an anabolic steroid = 12.5 drug units.

(e)

1 gram of lysergic acid amide (if in final dosage form) = 20 drug
units.

(f)

1 gram of lysergic acid amide (if in other than final dosage form) =
200 drug units.

(g)

1 gram of a Schedule III opiate or opium derivative = 10 drug
units.

Note: The maximum number of drug units to be assigned to any Schedule
III, IV, or V Drug, or any combination thereof, shall be 50,000 Drug
Units.

21

July 1, 2007

Notes and Procedures
1.

For purposes of determining the offense category, use the largest amount of controlled
substances with which the offender is involved on any one day. This procedure is an
exception to the multiple separate offense rule. Examples: (1) The offender sells an
undercover agent 10 grams of cocaine; he is arrested and a search of his apartment
reveals an additional 200 grams of cocaine. The total amount of cocaine used in
determining the offense level is 210 grams. This equals 8400 drug units (210 grams x 40
drug units for each gram of cocaine). (2) The offender sells an undercover agent 50 grams
of marijuana on one day and 800 grams of marijuana on another day. The larger quantity
(800 grams) is used.

2.

If more than one controlled substance is involved in the distribution on a single day, the
quantities of controlled substances are to be added together in determining the
appropriate offense category. Example: The offender sells an undercover agent 10 grams
of cocaine and 15 grams of heroin. The drug units for the cocaine (10 grams x 40 drug
units for each gram of cocaine = 400 drug units) and heroin (20 grams x 200 drug units
for each gram of heroin = 4000 drug units) are added together (400 drug units [cocaine]
+ 4000 drug units [heroin] = 4400 drug units).

602.

Corrupting Another With Drugs
Use the greatest applicable category:
(A)

Category 7 if serious bodily injury results.

(B)

Category 6 if the offense results in the victim becoming drug dependent.

(C)

Category 5 if --

(D)

(1)

the offense involved administering or furnishing a controlled substance to
a juvenile at least two years younger than the offender, or inducing or
causing a juvenile who is at least two years younger than the offender to
use a controlled substance; and

(2)

the controlled substance is a schedule I or II substance (except marijuana).

Category 3 if -(1)

the offense involved administering or furnishing a controlled substance to
a juvenile at least two years younger than the offender, or inducing or
causing a juvenile who is at least two years younger than the offender to
use a controlled substance and the controlled substance is a schedule II,
IV, or V substance or marijuana;

22

July 1, 2007

603.

(2)

the offense involved inducing or causing a juvenile who is at least two
years younger than the offender to commit a felony drug abuse offense; or

(3)

the offense involved using any juvenile to perform any surveillance
activity that is intended to prevent the detection of the offender or any
other person in the commission of a felony drug abuse offense or the arrest
of the offender or any other person for the commission of a felony drug
abuse offense.

Drug Abuse
Category 2

604.

Offenses Involving Counterfeit Controlled Substances (felony provisions only)
(A)

Catergory 3 if the offense is committed in the vicinity of a school or in the vicinity
of a juvenile.

(B)

Category 2 in any other case.

23

July 1, 2007

CHAPTER SEVEN - OFFENSES INVOLVING DEADLY WEAPONS AND
DANGEROUS ORDNANCES
701.

Carrying Concealed Weapon (felony provisions only)
Use the greatest applicable category:

702.

(A)

Category 7 if the offense is committed aboard an aircraft or with the purpose of
carrying the weapon aboard an aircraft.

(B)

Category 5 if -(1)

the weapon is a loaded firearm, a firearm with ammunition ready at hand,
or a dangerous ordnance; and

(2)

the offender has previously been convicted of a first or second degree
felony and the offense is committed within five years of the date of the
offender’s release from imprisonment or from post release supervision that
is imposed for the commission of a first or second degree felony.

(C)

Category 3 if the weapon is a loaded firearm, a firearm with ammunition ready at
hand, or a dangerous ordnance.

(D)

Category 2 in any other case.

(E)

Exceptions:
(1)

If the offense level is determined under Subsection (D) and the weapon is
a firearm and the violation is committed at a premise for which a D permit
has been issued, the offense category shall be one category greater than
that determined above.

(2)

If the weapon was a firearm equipped with a silencer, the offense category
shall be one category greater than that determined above.

Having a Weapon (Firearm or Dangerous Ordnance) Under Disability
Use the greatest applicable category:
(A)

Category 4 if –
(1)

the offender has previously been convicted of aggravated murder, murder,
an aggravated first or second degree felony, or a first or second degree
felony; and

24

July 1, 2007

(2)

the offense is committed within five years of the date of the offender’s
release from imprisonment or from the post release supervision that is
imposed for the commission of a first or second degree felony.

(B)

Category 3 in any other case.

(C)

Exception: If the offender carries the weapon loaded, or with ammunition
readily at hand, on his or her person, or in his or her vehicle, the offense
category shall be one category higher than that determined above. This
exception does not apply if the weapon is carried only on the offender’s premises,
or if it is established that the carrying of the weapon is solely for a
legitimate sporting activity (e.g., the offender is found with the weapon on a
target range).

25

July 1, 2007

CHAPTER EIGHT - OFFENSES INVOLVING ORGANIZED CRIMINAL ACTIVITY,
OBSCENITY AND SEXUAL EXPLOITATION OF CHILDREN

SUBCHAPTER A: ORGANIZED CRIMINAL ACTIVITY
801.

Engaging in Pattern of Corrupt Activity
(A)

Category 7 if one of the incidents of corrupt activity is Aggravated Murder or
Murder or a first, second or third degree felony.

(B)

Category 6 in any other case.

SUBCHAPTER B - OBSCENITY OFFENSES
811.

Pandering Obscenity Involving a Minor
Use the greatest applicable category:
(A)

Category 7 if -(1)

(2)

(B)

The offense involves -(a)

creating, reproducing, or publishing any obscene material that has
a minor as one of its participants or portrayed observers;

(b)

creating, directing, or producing an obscene performance that has a
minor as one of its participants; or

(c)

advertise or promote for presentation, present, or participate in
presenting an obscene performance that has a minor as one of its
participants; and

The minor is -(a)

coerced by the offender by force or threat of force; or

(b)

less than 13 years of age.

Category 5 if the offense involves –
(1)

creating, reproducing, or publishing any obscene material that has a minor
as one of its participants or portrayed observers;

26

July 1, 2007

(C)

(D)

(2)

creating, directing, or producing an obscene performance that has a minor
as one of its participants; or

(3)

advertise or promote for presentation, present, or participate in presenting
an obscene performance that has a minor as one of its participants.

Category 3 if the offense involved -(1)

promoting or advertising for sale or dissemination; selling, delivering,
disseminating, displaying, exhibiting, presenting, renting or providing; or
offering or agreeing to sell, deliver, disseminate, display, exhibit, present,
rent, or provide, any obscene material that has a minor as one of its
participants or portrayed observers; or

(2)

bringing or causing to be brought into this state any obscene material that
has a minor as one of its participants or portrayed observers.

Category 1 in any other case.

SUBCHAPTER C- SEXUAL EXPLOITATION OF CHILDREN

821.

Pandering Sexually Oriented Matter Involving a Minor
Use the greatest applicable category:
(A)

(B)

Category 10 if the offense involves the creation or production of sexually oriented
matter or a sexually oriented performance, and the minor is -(1)

coerced by the offender by force or threat of force; or

(2)

less than 13 years of age,

Category 7 if the offense involves the creation or production of sexually oriented
matter or a sexually oriented performance in any other case.

27

July 1, 2007

(C)

(D)

Category 5 if -(1)

the offense involves advertising for sale or dissemination, selling,
distributing, disseminating, exhibiting or displaying sexually oriented
matter; or

(2)

transporting (including bringing or causing to be brought into the state)
sexually oriented matter.

Category 2 in any other case.

28

July 1, 2007

CHAPTER NINE – MISCELLANEOUS

SUBCHAPTER A-LISTED OFFENSES

901.

Aggravated Riot
Use the greatest applicable category:
(A)

Category 7 if serious bodily injury results.

(B)

Category 5 if bodily injury results.

(C)

Category 3 in any other case.

SUBCHAPTER B-UNLISTED OFFENSES

911.

Unlisted Offenses
In the case where a felony is not listed in this index, determine the appropriate offense
category based on the felony level per the offenses of conviction as follows:
(A)

Offense Category 9 if the conviction is for an Aggravated Felony of the First
Degree or a Felony of the First Degree;

(B)

Offense Category 8 if the conviction is for an Aggravated Felony of the Second
Degree or a Felony of the Second Degree;

(C)

Offense Category 6 if the conviction is for an Aggravated Felony of the Third
Degree or a Felony of the Third Degree;

(D)

Offense Category 4 if the conviction is for a felony of the Fourth Degree.

29

July 1, 2007

CHAPTER TEN - ADJUSTMENTS, DEFINITIONS, AND GENERAL NOTES
SUBCHAPTER A - ADJUSTMENTS TO OFFENSE CATEGORY
1.

Multiple Separate Offenses
If the offenses of conviction involved multiple separate offenses, the offense category
shall be determined as set forth below:
(a)

In certain instances, the offense guideline will specify how multiple separate
offenses are to be rated. For example, in theft offenses, the aggregate (total) loss
is used to determine the offense rating. In drug offenses, the largest amount of
controlled substances with which the offender was involved on any one day is
used to determine the offense rating. In some sex offenses (Rape, Sexual Battery
& GSI), the number of victims is used to determine the offense rating.

(b)

In other instances, the following chart shall be used in assessing whether the
offense category is to be increased.
MULTIPLE SEPARATE OFFENSES
Seriousness

Points

Seriousness

Points

Category One
Category Two
Category Three
Category Four
Category Five
Category Six
Category Seven

= 1/9
= 1/3
= 1
= 3
= 9
= 27
= 54

Category Eight
Category Nine
Category Ten
Category Eleven
Category Twelve
Category Thirteen

= 108
= 216
= 432
= 864
= 1728
= 3456

This chart is to be used in the following manner. First, determine the points for
each of the multiple separate offenses from this chart. Second, add these points
together to obtain a total score. Third, consult the chart again to determine
whether the total score places the offenses of conviction in a higher offense
category.
Examples:
(1)

The offender commits three separate Category 4 offenses. Each offense is
scored as 3 points. The total score is 9 points. Consulting the chart again,
it is noted that a score of 9 points is sufficient to raise the offense behavior
to a Category 5 offense. Therefore, the offense category is Category 5.

(2)

The offender commits two separate Category 3 offenses. Each offense is
scored as 1 point. The total score is 2 points. Consulting the chart again, it

30

July 1, 2007

is noted that a score of 2 points is not sufficient to raise the offense to
Category 4. Therefore, the offense category remains a Category 3 offense.
(c)

The term "multiple separate offenses" generally refers to offenses committed at
different times. However, offenses that are clearly unrelated are properly
considered multiple separate offenses even if they were committed at the same
time.
Examples:

(d)

(1)

An offender rapes a victim and also robs the victim of $100. Because the
offenses (rape and robbery) occurred at the same time and are related (one
incident involving the same victim), grade in the highest applicable
category and not as multiple separate offenses.

(2)

An offender commits a robbery in which shots are fired to scare the bank
employees. Because the offenses (robbery and assault) occurred at the
same time and are related, grade in the highest applicable category and not
as multiple separate offenses.

(3)

An offender, when arrested at his home for felonious assault, is found in
possession of $8,000 worth of stolen goods. Even though the offenses
were discovered at the same time, they are clearly unrelated.
Consequently, consideration as multiple separate offenses is appropriate.

(4)

An offender is arrested for selling cocaine and a search of his residence
reveals a quantity of heroin. Although the drugs are different types, the
offenses are considered related and the offense category is determined
under the rules in the drug offense guideline. The multiple separate
offense rule does not apply.

(5)

An offender forges ten $1,000 checks for a total of $10,000, and is then
arrested. Grade as a $10,000 forgery, not ten separate offenses.

(6)

An offender steals for resale four automobiles worth a total of $18,000,
and is later arrested. Grade as an $18,000 theft, not four separate offenses.

(7)

An offender breaks into a store, steals $18,000 worth of merchandise and
does $4,000 damage to the store. Grade according to the combined
property loss.

Intervening Arrests. Where offenses ordinarily graded by aggregation of
value/quantity (e.g., property or drug offenses) are separated by an intervening
arrest, grade (1) by aggregation of value/quantity or (2) as multiple separate
offenses, whichever results in the higher offense category.

31

July 1, 2007

Examples:
(1)

An offender commits three larcenies (each $300). Each time the offender
is arrested during the act. Ordinarily, such behavior would be graded
according to the combined amount of the theft (theft of $900). But since
the offenses were each separated by intervening arrests, application of the
multiple separate offense procedure may result in a greater offense
category. In such case, the higher offense category is to be used.

(2)

An offender is arrested for selling cocaine and is released on bond. One
week later, the offender is again arrested immediately after another
cocaine sale. Ordinarily, the offense would be rated using the largest
quantity of cocaine with which the offender was involved on any one day.
However, as the offenses were separated by an intervening arrest (for the
first offense), the multiple separate offense rule will be used if it results in
a higher offense level.

SUBCHAPTER B – DEFINITIONS
1.

The definitions of conduct constituting criminal offenses that are used in these guidelines
are those that were in effect at the time of the commission of the offense of which the
offender is convicted. For example, the term “aggravated burglary” has the meaning that
it had at the time the offender committed the offense for which the offender is now being
considered for release.

2.

“Bodily injury” means physical harm of a type that normally requires professional
medical attention (e.g., a laceration requiring stitches). Minor physical harm (e.g., minor
bruises, a sprained wrist, a black eye, or a minor cut) is not included in this definition.
Examples: (A) a loss of a tooth or teeth; (B) a concussion; (C) a cut not qualifying as
serious bodily injury that results in the use of stitches, staples, or an adhesive compound;
or (D) a hairline/stress fracture of a bone.
Note: If the information available is insufficient to make a classification of bodily injury,
a referral to the Office of Victim Services may be appropriate to obtain additional
information.

3.

“Brandish” means to point or wave about (a firearm or other deadly weapon).
Example: An offender who points a firearm at, or in the general direction, of a victim, or
waves it about, has brandished a firearm.

32

July 1, 2007

4.

“Deadly weapon” means any instrument, device, or thing capable of inflicting death, and
designed or specially adapted for use as a weapon, or possessed, carried, or used as a
weapon. A toy firearm would not be considered a deadly weapon, nor would a BB gun
unless the BB gun fit the definition of a firearm. Only if these devices were used as
bludgeons or clubs and could cause death would they be considered as deadly weapons.

5.

“Display” means to show to a victim (a firearm or other deadly weapon).
Example: An offender who lifts his shirt to show a firearm in his belt has displayed the
firearm.

6.

“Firearm” means any deadly weapon capable of expelling or propelling one or more
projectiles by the action of an explosive or combustible propellant. “Firearm” includes
an unloaded firearm and any firearm that is inoperable but that can readily be rendered
operable. Toy firearms are not considered firearms and normally a BB gun would not
meet the criteria. CO2 propelled BB’s or projectiles would meet the criteria of a firearm.

7.

“Permanent bodily injury” means bodily injury that is permanent or likely to be
permanent.
Examples: (A) the unlawful termination of another’s pregnancy (B) a loss of a body part
(other than teeth); or (C) an injury to a body part (other than teeth) that does not result in
a 100% recovery.

8.

“Possess” means to have an object or thing (e.g., a firearm or other deadly weapon) under
one’s control.

9.

“Serious bodily injury” means any of the following -(a)

Any physical harm which carries a substantial risk of death;

(b)

Any physical harm which normally requires hospitalization for treatment.
“Hospitalization for treatment” means a formal admission to a hospital for
treatment. It does not include treatment limited to the emergency room of a
hospital;

(c)

Any physical harm that involves some prolonged serious incapacity, prolonged
serious disfigurement, or prolonged severe pain; or

(d)

Any mental illness or condition of such gravity as would normally require
hospitalization or prolonged psychiatric treatment;

Note: Typically, “serious bodily injury” will involve a hospital admission for treatment,
as distinguished from “bodily injury,” which typically will require only out-patient
treatment by a physician or treatment at an emergency room of a hospital. However,
hospital admission is not the sole guide for determining serious bodily injury.

33

July 1, 2007

Examples: (A) a gunshot wound that penetrates the skin; (B) choking/strangling to a
point of unconsciousness; (C) a fracture or compound fracture to a bone; (D) a cutting
wound which nicks/slices an organ, major blood vessel, ligament, or tendon; (E) a cutting
wound that leaves a “substantial” scar (typically in the face or neck region); (F) a stab
wound (in contrast to a cutting wound) that penetrates the skin; or (G) a broken nose.
10.

“Substantial risk of death or serious bodily injury to any person” means a strong
possibility of death or serious bodily injury to any person (as contrasted with a remote or
significant possibility that such harm may occur).

SUBCHAPTER C – GENERAL NOTES
1.

An offense category assigned will correspond with the offense of conviction only.

2.

In cases where multiple sentences have been imposed (whether consecutive or
concurrent, and whether aggregated or not) an offense category shall be established that
reflects the highest category per offenses of conviction.

3.

An offense category will only be applied to convictions that have active indefinite
sentences at the time of parole eligibility or a subsequent release consideration hearing.
Offense categories will not be assigned to offenses wherein the sentence has expired.

4.

Special Circumstances:
(a)

Probation Violator This Time. The offense for which the offender was placed on
probation and any offense committed while on probation for which the offender
received a prison sentence are considered in determining the offense category,
using the Multiple Separate Offense rule. In regards to determining an offense
category for the offense for which the offender originally received probation, only
those counts for which probation was revoked and a prison sentence imposed
shall be utilized. Do not consider any count on which probation was terminated.
The offense for which the offender was placed on probation also is considered as
prior criminal history; see Part C (Criminal History/Risk Score) Special
Instructions, Probation Violator This Time.

(b)

Parole Violator Recommissioned.
(i)

Indefinite sentences: Any convictions received while on parole resulting in
a recommitment to the institution on an indefinite sentence for which the
Parole Board has releasing authority shall have an offense category (using
the multiple separate offense rule as appropriate) assigned. The offense for
which the offender was placed on parole is not used in assessing the
offense category, but is considered as prior criminal history.

34

July 1, 2007

(ii)

Definite sentences: Any offense or offenses for which an offender was
convicted while on parole and for which an offender received a definite
sentence shall not have an offense category assigned. If the conviction is
an SB2 definite sentence, the SB2 sentencing range for the felony level of
the offense of conviction will be noted in the Decision Sheet. The
guideline range will reflect the SB2 equivalent penalty for a post-release
violation of 0-9 months.

(c)

Technical Parole Violator. An offense category shall not be assigned to technical
parole violations. The guideline range will reflect the SB2 equivalent penalty for
a post-release violation of 0-9 months.

(d)

Confinement/Escape Violator This Time.
(i)

Indefinite sentence: If an offender is convicted of Escape with a
corresponding indefinite sentence, the Multiple Separate Offense Rule
shall be utilized in regards to the Escape conviction and the offense from
which the offender escaped, as well as any crime committed while on
escape status, as long as there exists an active indefinite sentence.

(ii)

Definite sentence: A definite sentence for Escape shall not receive an
offense category. If the escape occurred while incarcerated in prison, the
conviction shall be addressed per Part E of these guidelines.

35

July 1, 2007

PART C: CRIMINAL HISTORY/RISK SCORE

Item A.

Item B.

PRIOR CONVICTION(S)/ADJUDICATION(S) (ADULT OR JUVENILE)
None = 0; One or Two = 1; Three or More = 2.
PRIOR COURT COMMITMENT(S) OF MORE THAN ONE YEAR
(ADULT/JUVENILE)
None = 0; One = 1; Two = 2; Three or More = 3.

Item C.

RECENT COMMITMENT FREE PERIOD (THREE YEARS)
No prior commitment of 60 days or more (adult or juvenile) or released to
the community from last such commitment at least 3 years prior to the
commencement of the current offense = 0;
Released to the community from a commitment of 60 days or more (adult
or juvenile) less than 3 years prior to the commencement of the current
offense = 1.

Item D.

PROBATION/PAROLE/CONFINEMENT/ESCAPE STATUS VIOLATOR
THIS TIME
Neither on probation, parole, confinement, or escape status at the time of
the current offense; nor committed as a probation, parole, confinement, or
escape status violator this time = 0;
On probation, parole, confinement, or escape status at the time of the
current offense; or committed as a probation, parole, confinement, or
escape status violator this time = 1.

Item E.

PRIOR PROBATION/PAROLE REVOCATIONS
No prior probation or parole revocation = 0;
One or more prior probation or parole revocations = 1.

Item F.

OLDER OFFENDERS
If age 40 or older at the commencement of the current offense (and the total
score from Items A - E above is 1 or more) subtract 1 point.
Otherwise = 0.
TOTAL SCORE

36

July 1, 2007

CRIMINAL HISTORY/RISK SCORING MANUAL
The following instructions apply to the determination of the Criminal History/Risk Score.
ITEM A.
A.1.

PRIOR CONVICTIONS/ADJUDICATIONS (ADULT OR JUVENILE)

Points Awarded.
Score 0 if no prior convictions/adjudications.
Score 1 if one or two prior convictions/adjudications.
Score 2 if three or more prior convictions/adjudications.

A.2.

Prior Convictions.
(a)

Count all convictions/adjudications (adult or juvenile) for criminal offenses (other
than the current offense) that were committed prior to the present period of
confinement, except as specifically noted.

(b)

Do not count the current offense or other convictions resulting from the current
offense (i.e., offenses that are considered in assessing the seriousness of the
current offense). Exception: Where the first and last overt acts of the current
offense behavior are separated by an intervening conviction (e.g., after conviction
for the current offense, the offender commits another offense while on appeal
bond), both offenses are counted in assessing offense seriousness; the earlier
offense is also counted as a prior conviction in the Criminal History/Risk Score.

(c)

If prior offenses are separated by an intervening arrest (for one of the offenses),
count the convictions for those offenses as separate convictions. If prior offenses
are not separated by an intervening arrest, count the convictions for those offenses
as one prior conviction for purposes of Item A.
Examples: (1) The offender’s prior record involves two convictions for larceny.
The defendant committed two larcenies and was then arrested and convicted of
both charges. Count as one prior conviction. The two convictions are grouped
together for purposes of the Criminal History/Risk Score because they were not
separated by intervening arrests. (2) The offender’s prior record involves two
convictions for forgery. The offender committed a forgery, was arrested and
released pending trial, and then committed another forgery. The offender was
convicted of both charges. Count as two prior convictions. (3) The offender’s
prior record involves four convictions for larceny. The offender committed three
larcenies, was arrested and released pending trial, and then committed an
additional larceny. The offender was convicted of all four charges. Count as two
prior convictions. The first three larcenies are not separated by an intervening
arrest and thus are grouped together. The fourth larceny, which is separated from
the first three by an intervening arrest, is counted separately.

37

July 1, 2007

A.3.

Types of Prior Convictions Counted.
(a)

Felony convictions are counted. Non-felony convictions are counted, except as
listed under (b) and (c). Convictions for driving while intoxicated/while under the
influence/while impaired, or leaving the scene of an accident involving injury or
an attended vehicle are counted. For the purpose of scoring Item A of the
Criminal History/Risk Score, use the offense of conviction.

(b)

Convictions for the following offenses are counted only if (1) the sentence
resulting was a commitment of 60 days or more (not counting any portion of a
sentence that was suspended); or (2) the record indicates that the offense was
classified by the jurisdiction as a felony (regardless of sentence):
1. Contempt of court;
2. Disorderly conduct/disorderly
person/breach of the peace/
disturbing the peace/uttering
Loud and abusive language;
3. Driving without a license/
with a revoked or suspended
license/with a false license;
4. False information to a police
officer;
5. Fish and game violations;
6. Gambling (e.g., betting on dice,
sports, cards) Note: Operation

(c)

Convictions for the following minor offenses are not counted, regardless of
sentence:
1. Hitchhiking;
2. Local regulatory violations;
3. Public intoxication/possession
of alcohol by a minor/possession
of alcohol in an open container;

A.4.

or promotion of or employment in an
unlawful gambling business is not
included herein;
7. Loitering;
8. Non-support;
9. Prostitution;
10. Resisting arrest/evade and elude;
11. Trespassing;
12. Reckless driving;
13. Hindering/failure to obey a police
officer;
14. Leaving the scene of an accident
(except as listed under [a]).

4. Traffic violations (except as
specifically listed);
5. Vagrancy/vagabond and rogue;
6. Civil contempt.

Juvenile Offenses. Count juvenile convictions/adjudications except as follows:
(a)

Do not count any status offense (e.g., runaway, truancy, habitual disobedience)
unless the behavior included a criminal offense that would otherwise be counted.

(b)

Count only formal convictions/juvenile adjudications for criminal offenses
committed at age 17 or younger. Do not count diversionary dispositions for
offenses committed at age 17 or younger.

38

July 1, 2007

(c)

A.5.

Do not count any conviction/adjudication for a criminal offense committed at age
15 or younger, unless it resulted in both a formal conviction/adjudication and a
commitment of 60 days or more.

Diversionary Dispositions.
(a)

Criminal conduct resulting in diversion from the judicial process without a
finding of guilt (e.g., deferred prosecution, probation without plea) is not to be
counted in scoring this item.

(b)

Criminal conduct at age 18 or older resulting in a judicial determination of guilt or
an admission of guilt before a judicial body shall be counted as a conviction even
if a conviction is not formally entered.

(c)

Criminal conduct at age 17 or younger resulting in a disposition other than a
conviction or formal adjudication of delinquency by a court is not counted in
scoring this item.

A.6.

Setting Aside of Convictions/Restoration of Civil Rights. Setting aside or pardon of adult
or juvenile convictions/adjudications is normally for civil purposes (to remove civil
penalties and stigma). Such convictions or adjudications are to be counted under Item A
for purposes of assessing parole prognosis. Convictions or adjudications that were set
aside or pardoned on grounds of innocence are not to be counted.

A.7.

Convictions Reversed or Vacated on Grounds of Constitutional or Procedural Error. Do
not count any conviction reversed or vacated for constitutional or procedural grounds,
unless the prisoner has been retried and reconvicted. It is the Parole Board’s presumption
that a conviction/adjudication is valid, except under the limited circumstances described
in the first note below. If a prisoner challenges such conviction, he/she should be advised
to petition for a reversal of such conviction in the court in which he/she was originally
tried, and then to provide the Parole Board with evidence of such reversal. Note:
Occasionally the Presentence Investigation documents facts clearly indicating that a
conviction was unconstitutional for deprivation of counsel (this occurs only when the
conviction was for a felony, or for a lesser offense for which imprisonment was actually
imposed; and the record is clear that the defendant (1) was indigent, and (2) was not
provided counsel, and (3) did not waive counsel). In such case, do not count the
conviction. Similarly, do not count a conviction if: (1) the offender has petitioned the
appropriate court to overturn a felony conviction that occurred prior to 1964, or a
misdemeanor/petty offense that occurred prior to 1973 (and the offender claims he served
a jail sentence for the non-felony conviction); (2) the offender asserts he was denied his
right to counsel in the prior conviction; and (3) the offender provides evidence (e.g., a
letter from the court clerk) that the records of the prior conviction are unavailable. Note:
If a conviction found to be invalid is nonetheless supported by persuasive information
that the offender committed the criminal act, this information may be considered as a
negative indicant of parole prognosis (i.e., a possible reason for overriding the Criminal
History/Risk Score).

39

July 1, 2007

A.8.

Ancient Prior Record. Do not count the prior convictions if both of the following
conditions are met:
(a)

The offender's only countable convictions under Item A occurred at least ten
years prior to the commencement of the current offense behavior (the date of the
last countable conviction under Item A refers to the date of the conviction, itself,
not the date of the offense leading to conviction); and

(b)

There is at least a ten-year commitment-free period in the community (including
time on probation or parole) between the last release from a countable
commitment (under Item B) and the commencement of the current offense
behavior.

Note: This provision does not preclude consideration of earlier extremely serious
criminal conduct as a possible reason for overriding the Criminal History/Risk Score
(e.g., where the current offense is a repetition of an extremely serious offense not counted
under this provision). Similarly, a substantial crime free period in the community, not
amounting to ten years, may, in light of other factors, indicate that the offender belongs in
a better risk category than the Criminal History/Risk Score indicates.
A.9.

Military, Foreign, and Tribal Court Convictions.
(a)

Military convictions by general or special court-martial (not summary courtmartial or Article 15 disciplinary proceeding) for acts that are generally prohibited
by civilian criminal law (e.g., assault, theft) are counted. Do not count
convictions for strictly military offenses (e.g., absence without leave).

(b)

Foreign convictions (for behavior that would be criminal in the United States) are
counted.

(c)

Tribal court convictions are counted under the same terms and conditions as any
other conviction.

A.10. Forfeiture of Collateral. If the only known disposition is forfeiture of collateral, count as
a conviction (if a conviction for such offense would otherwise be counted).
A.11. Terminology Used in Other States.
(a)

Conditional/Unconditional Discharge (New York State). In N.Y. State, the term
"conditional discharge" refers to a conviction with a suspended sentence and
unsupervised probation; the term "unconditional discharge" refers to a conviction
with suspended sentence. Thus, such N.Y. State dispositions for countable
offenses are counted as convictions.

(b)

Adjudication Withheld (Florida). In Florida, the term "adjudication withheld"
refers to a disposition in which a formal conviction is not entered at the time of

40

July 1, 2007

sentencing, the purpose of which is to allow the defendant to retain his civil rights
and not to be classified as a convicted felon. Since the disposition of
"adjudication withheld" is characterized by an admission of guilt and/or a finding
of guilt before a judicial body, dispositions of "adjudication withheld" are to be
counted as convictions for risk scoring purposes.
ITEM B.

B.1.

PRIOR COURT COMMITMENTS OF MORE THAN ONE YEAR
(ADULT OR JUVENILE)

Points Awarded.
Score 0 if no prior commitments of more than one year.
Score 1 if one prior commitment of more than one year.
Score 2 if two prior commitments of more than one year.
Score 3 if three or more prior commitments of more than one year.

B.2.

Prior Court Commitment of More Than One Year Defined. Count all prior court
commitments of more than one year (adult or juvenile) resulting from a conviction or
adjudication for a felony offense that was counted under Item A, except as noted below.
Count a commitment of more than one year imposed upon revocation of probation if the
original probation resulted from a conviction/adjudication for a felony offense that is
counted under Item A. Do not count a commitment of exactly one year, a commitment
resulting from a parole revocation, or a commitment of more than one year resulting from
multiple sentences for misdemeanor offenses. A permanent commitment to DYS is
considered a commitment of more than one year, only when there is information to prove
the inmate was incarcerated for over one year.
Count only commitments that were imposed prior to the commission of the last overt act
of the current offense behavior. Commitments imposed after the current offense are not
counted.

B.3.

Concurrent or Consecutive Sentences. Concurrent or consecutive sentences (whether
imposed at the same time or at different times) that result in a continuous period of
confinement count as a single commitment. However, a new court commitment of more
than one year imposed for an escape/attempted escape or for criminal behavior
committed while in confinement/escape status, or both, is counted as a separate
commitment.

B.4.

Definitions.
(a)

This item only includes commitments that were actually imposed. Do not count a
suspended sentence (or the portion of a sentence that is suspended) as a
commitment. Use the maximum sentence imposed by the court (not time actually
served). For example, a six-month to five year sentence of imprisonment is
counted as a five-year sentence.

41

July 1, 2007

Exceptions: (1) In the case of a sentence reduced under the shock probation
statute, use the time served before release (including jail time) as the length of the
sentence, provided that the total time served before release is less than six months.
If the total time served before release is six months or more, use the maximum
sentence length of the original sentence. (2) If a sentence is reduced on appeal,
use the length of the reduced sentence.
(b)

This item includes confinement in adult institutions, juvenile institutions, and
residential treatment centers. It does not include foster home placement. Count
confinement in a community treatment center (halfway house) when part of a
committed sentence. Do not count confinement in a community treatment center
(halfway house) when imposed as a condition of probation or parole.

(c)

If a committed sentence of more than one year is imposed prior to the current
offense but the offender avoids or delays service of the sentence (e.g., by
absconding, escaping, bail pending appeal), count as a prior commitment. If the
offender unlawfully avoids service of a prior commitment by escaping or failing
to appear for service of sentence, this commitment is also to be considered in
Items C and D. Example: An offender is sentenced to a term of three years
confinement, released on appeal bond, and commits the current offense. Count as
a previous commitment under Item B, but not under Items C and D. To be
considered under Items C and D, the avoidance of sentence must have been
unlawful (e.g., escape or failure to report for service of sentence).

ITEM C. RECENT COMMITMENT FREE PERIOD (THREE YEARS)
C.1.

Points Awarded.
Score 0 if the subject has no prior commitment of 60 days or more; or if the subject was
released to the community from his/her last prior commitment of 60 days or more at least
three years prior to commencement of his/her current offense behavior.
Score 1 if the subject's last release to the community from a prior commitment of 60 days
or more occurred less than three years prior to the current offense behavior; or if the
subject was in confinement/escape status at the time of the current offense.

C.2.

Definitions
(a)

Prior commitment of 60 days or more means any commitment of 60 days or more
imposed for a conviction counted in Item A. Count original court commitments,
probation revocations, and parole revocations under this item. A prior sentence of
intermittent confinement (e.g., weekends) totaling 60 days or more qualifies as a
prior commitment. Use the maximum term of imprisonment imposed, not the

42

July 1, 2007

actual time served. Do not count a suspended sentence (or the portion of a
sentence that was suspended).
Time spent in a community corrections center (halfway house) as a condition of
probation or post-release supervision does not count as a prior commitment.
(b)

Confinement/escape status is defined under Item D.

(c)

Release to the community means release from confinement status.

ITEM D.

D.1.

PROBATION/PAROLE/CONFINEMENT/ESCAPE STATUS VIOLATOR
THIS TIME

Points Awarded.
Score 0 if the offender was not on probation or parole supervision, nor in confinement or
escape status, at the time of the current offense; and was not committed as a probation,
parole, confinement, or escape status violator this time.
Score 1 if the offender was on probation or parole supervision, or in confinement or
escape status at the time of the current offense; or if the subject was committed as a
probation, parole, confinement, or escape status violator this time.

D.2.

Definitions
(a)

The term “probation supervision” refers to a period of supervised probation.
(i)

Occasionally, a court disposition such as “summary probation,” “good
behavior,” “pending no convictions (PNC),” “monitored time," or
“unsupervised probation” will be encountered. If it is clear that this
disposition involved no attempt at supervision, it will not be counted for
purposes of this item.

(ii)

Do not count a period of supervision that was revoked for an offense that
was not counted under Item A of the Criminal History/Risk Score.

(b)

The term "parole supervision" includes parole, mandatory parole, supervised
release, conditional release, or mandatory release supervision (i.e., any form of
post-imprisonment supervision).

(c)

The term "confinement/escape status" includes institutional custody, work or
study release, pass or furlough, community treatment center confinement, or
escape from any of the above.

43

July 1, 2007

(d)

The term “at the time of the current offense” means at any point during the
current offense in the case of a current offense that extends over a period of more
than one day.

ITEM E. PRIOR PROBATION OR PAROLE REVOCATION
E.1.

Points Awarded.
Score 0 if the offender has no revocation of probation or parole that occurred prior to the
current offense behavior.
Score 1 if the offender had at least one revocation of probation or parole that occurred
prior to the current offense behavior.

E.2.

Definitions.
(a)

For the purposes of this item, probation means any term of probation, whether
supervised or unsupervised.

(b)

Parole means any term of parole, mandatory parole, supervised release,
conditional release, or mandatory release supervision (i.e., any form of postimprisonment supervision).

(c)

Revocation means entry of an order of revocation by a court or parole board and
imposition of a term of confinement of any length upon a finding of a violation of
probation or parole.
Exception: An offender who receives a term of
imprisonment of more than one year for conduct engaged in while on probation or
parole shall be treated as if such term of probation or parole has been revoked for
the purposes of this item (regardless of whether an order of revocation has been
entered).

ITEM F. OLDER OFFENDERS

F.1.

Points Awarded.
Score minus 1 (subtract 1 point) if the offender was 40 years of age or more at the
commencement of the current offense and the total score from Items A-F is 1 or more.
Score 0 if the offender was less than 40 years of age at the commencement of the current
offense or if the total score from Items A-F is 0.

44

July 1, 2007

SPECIAL INSTRUCTIONS - PROBATION VIOLATOR THIS TIME
Item A.

Count the original offense as a prior conviction. Do not count the conduct leading
to probation revocation as a prior conviction.

Item B.

Count all prior commitments of more than one year that were imposed prior to the
behavior resulting in the current probation revocation.

Item C.

Count backward three years from the commencement of the probation violation.
If the offender is a probation violator on a sentence of probation requiring a
period in imprisonment of 60 days or more, this period of imprisonment qualifies
as a prior commitment of 60 days or more.

Item D.

By definition, a point is added for this item. Exception: If the violation was on a
term of unsupervised probation, a point would not be added for this item.

Item E.

No special instruction.

Item F.

Use the age at commencement of the probation violation, not the original offense.

SPECIAL INSTRUCTIONS - PAROLE VIOLATOR THIS TIME
Item A.

The conviction from which released counts as a prior conviction.

Item B.

The commitment from which released counts as a prior commitment (if it was a
sentence of more than one year imposed for felony conduct).

Item C.

Count backward three years from the commencement of the parole violation
behavior.

Item D.

By definition, a point is added for this item.

Item E.

No special instructions.

Item F.

Use the age at commencement of the parole violation, not the original offense.

Note: “Parole” includes parole, mandatory parole, supervised release, conditional release, or
mandatory release supervision (i.e., any form of post-imprisonment supervision). A Criminal
History Risk Score will only be assigned to those parole violators who were returned to
prison for convictions resulting in pre-SB2 indefinite sentences.

45

July 1, 2007

PART D: CURRENT SENTENCING LAW
1.

Meaning and Purpose:
In fulfilling its duties, the Board recognizes that certain offenders subject to its
discretionary release were sentenced to indeterminate sentences that do not reflect current
sentencing laws. The Board further recognizes that the interests of justice are better
served if its decision making takes into consideration current criminal penalties so that
those standards are adequately represented in the process of determining release
suitability. However, the Board also recognizes the complexity in determining parity with
current law, and also understands that it cannot be assumed that if current penalties
existed under previous sentencing schemes, the same decision whether to plead or permit
a plea to a certain offense would have resulted.
In regard to Senate Bill 2 (SB2) parity, assessing and weighing parity between pre-Senate
Bill 2 (SB2) sentences and SB2 sentences where applicable is an important consideration
mandated by AR 5120:1-1-07. For those inmates whose pre-SB2 convictions would be
subject to SB2 sentences if convicted today, the Board endeavors to give every possible
and appropriate consideration to the SB2 substantially equivalent sentence, as best as
such substantial equivalency can be determined. It should be recognized however, that
SB2 parity considerations may not always mitigate toward release.
Further, the Board is aware that additional changes in criminal penalties for certain
offenses have occurred since the passage of SB2, and that SB2 is no longer the applicable
sentencing scheme in those cases. The Board further recognizes that changes in criminal
penalties are likely to continue to occur, and will endeavor to keep abreast of future
changes so that SB2 parity is determined only when appropriate. Regardless of whether
SB2 or a subsequent sentencing scheme is the current applicable law for the same or
similar pre-SB2 offense, the current penalty will not constitute the sole determinant factor
in parole suitability for inmates convicted under pre-SB2 sentencing law and subject to
release at the discretion of the Board.

2.

Application: After assessing the proper Offense Category of conviction and Criminal
History Risk Score, a determination will be made whether the inmate, if convicted of the
same or similar offense today, would be subject to sentencing under Senate Bill 2 (SB2)
or a subsequent sentencing law.
(a)

SB2 Equivalent Sentencing Range: The hearing panel must determine the
substantially equivalent SB2 sentencing range by referencing the applicable “old
law / new law” comparative charts & other written materials developed and
published by the Ohio Criminal Sentencing Commission. The equivalent SB2
sentencing range will be noted in the Decision Sheet.

(b)

Post SB2 Sentencing Scheme: The hearing panel will note in the Decision Sheet
that SB2 is not applicable per the relevant current sentencing law in effect at the
time of the hearing.

46

July 1, 2007

PART E: CONSIDERATIONS, FACTORS AND OTHER INDICATORS
1.

Meaning and Purpose: The determination of the guideline range and substantially
equivalent SB2 sentence, when applicable, provide the hearing panel with two
suggestions of appropriate ranges of time to be served for the typical or “heartland”
offense. However, suitability for release should not only be determined by the guideline
range and substantially equivalent SB2 sentence, when applicable, but should also be
determined by the assessing, weighing and balancing of considerations, factors and
indicators particular to each individual inmate and offense. This process provides a
standard or common starting point for suitability determination for all inmates convicted
of the same offense, and at the same time provides for weighing and assessing of
individual case and inmate characteristics. In no case will a decision to deny release and
recommend continued incarceration be made solely on the fact that an inmate has not yet
served to a particular time within the guideline range. Recommendations for continued
incarceration (and for release) must be based on the individual facts and characteristics of
the particular offense and offender.
The following considerations, factors and indicators will permit the hearing panel to
weigh the individual characteristics of each case and inmate, and determine if the offense
is typical, aggravated or mitigated and whether the inmate is more or less likely to
reoffend. These considerations, factors and indicators will assist the panel in concluding
and recommending that the inmate is either suitable for release or requires continued
incarceration. When formulating decisions regarding release or continued incarceration
recommendations, discretion lies solely with the hearing panel to determine how much
weight to assign to any individual consideration, factor or indicator. In addition, the
following lists of considerations, factors and indicators should not be deemed as
exhaustive or all inclusive. Any relevant considerations, factors and indicators should be
considered.

2.

Mandatory Considerations: The following shall be considered when determining the
suitability of the release of an inmate. However, the consideration of any single factor or
any group of factors shall not create a presumption of release on parole, or the
presumption of continued incarceration:
(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 presentence or postsentence 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.

47

July 1, 2007

(f)

(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)

3.

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.
Written or oral statements by the inmate, other than grievances filed under AR 51209-31.
The equivalent sentence range under Senate Bill 2, (effective July 1, 1996) for the
same offense of conviction, if applicable.
The inmate’s ability and readiness to assume obligations and undertake
responsibilities, as well as the inmate’s own goals and needs.
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.
The type of residence, neighborhood, or community in which the inmate plans to
live.
The inmate’s employment history and his occupational skills.
The inmate’s vocational, educational and other training.
The adequacy of the inmate’s plan or prospects on release.
The availability of community resources to assist the inmate.
The physical and mental health of the inmate as they reflect upon the inmate’s
ability to perform his plan of release.
The presence of outstanding detainers against the inmate.
Any other factors determined to be relevant, except for documents related to the
filing of a grievance under AR 5120-9-31.

Other Considerations, Factors and Indicators: 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 he or she
to prevent the offense or bring others committing it to justice, and he or
she failed to do so.

48

July 1, 2007

• 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.

49

July 1, 2007

•
•
•

(b)

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.

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”.

50

July 1, 2007

(ii)

Mitigating factors: Generally demonstrating that the inmate is not likely
to commit future crimes:
•
•
•
•
•
•
•
•
•
•
•

(c)

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

(d)

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”.

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

Other Considerations:
(i)
(ii)

(iii)
(iv)
(v)

Whether information about possible aggravating or mitigating factors is
credible, reliable, and verifiable;
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;
Whether the recommendation of the sentencing court and prosecutor are
similar to each other or at variance with each other;
Whether the statements or information submitted by or on behalf of the
victim of an offense is credible;
Whether the statements or information submitted by or on behalf of the
inmate is credible;
51

July 1, 2007

(vi)
4.

Whether there are issues related to co-defendant parity.

Rating Disciplinary History and Programming Participation: In determining whether the
inmate’s disciplinary history and programming participation are an aggravating or
mitigating factor relating to the individual inmate, the following rating system will be
utilized:
(a)

Disciplinary History: Disciplinary history will be defined by the following
categories:
(i)

Superior: No conduct violations resulting in segregation.

(ii)

Good: Overall acceptable adjustment to the institution with less than five
(5) tickets resulting in segregation. This may include an offender who had
initial adjustment problems, but who greatly improved his/her conduct
over the years and approaching parole eligibility.
An offender’s conduct may be rated as “Superior” if the tickets resulting
in segregation occurred longer than five (5) years prior to the parole
hearing.

(iii)

Fair: Some adjustment problems to the institution with several tickets
resulting in segregation, which may include a segregation placement close
to parole eligibility.

(iv)

Poor: Inability to follow institutional rules as demonstrated by a number
of continued and excessive tickets resulting in segregation and/or having
one major rule infraction or convicted criminal conduct, ie. Escape,
Conveyance, Assault.

Major rule infractions include but are not limited to the following: causing or
attempting to cause harm to any staff member, threatening harm to any staff
member, possession, manufacture or procurement of a weapon, assault on an inmate
resulting in serious injury, rioting or inciting others to riot, nonconsensual sexual
contact or inappropriate physical contact with another, fire-setting, attempted
escape, substance abuse, conduct resulting in an outside court conviction, and/or
anything deemed “major” as viewed by the Board.
(b) Disciplinary history considered at Statutory First Hearings: When an inmate is
seen for his Statutory First Hearing, all conduct reports resulting in segregation,
beginning with the inmate’s date of admission and progressing up to and including
the date of the inmate’s Statutory First Hearing will be considered.
(c)

Disciplinary history considered after Statutory First Hearings: If an inmate
receives a continuance, the Board will once again examine the inmate’s disciplinary
history at the inmate’s next scheduled hearing. However, the behavior examined

52

July 1, 2007

will be retroactive only to the date of the prior hearing. If the inmate receives a
Projected Release Date, the disciplinary history will be reviewed when determining
if the Projected Release Date will be approved or rescinded. If rescinded the new
disciplinary history will be addressed at a hearing.
(d) Programming participation: All inmates are strongly encouraged to become
involved in educational, vocational, work, and/or counseling program(s) that (A)
significantly increase the inmate’s likelihood of leading a law- abiding life upon
release, or that (B) promote positive behaviors and encourage an inmate to serve as
an outstanding example to others as to the constructive use of prison time.
Programming participation will be defined by the following categories:

5.

(i)

Superior- The inmate has completed all programs suggested in his/her
Reentry Accountability Plan (RAP), as well as additional programs.

(ii)

Good- The inmate has completed all programs suggested in his/her RAP.

(iii)

Fair- The inmate has participated in some of the programs suggested in
his/her RAP, but did not complete them.

(iv)

Poor- The inmate has made little or no effort to participate in the
programs suggested in his/her RAP.

Formulating a Recommendation: Upon assessing, weighing and balancing all relevant
considerations, factors and indicators, as well as the guideline range and SB2 parity, if
applicable, a recommendation of parole, projected release date or continued incarceration
will be made. The hearing panel will cite the primary considerations, factors and
indicators used to formulate the recommendation. If the recommendation is for
continued incarceration, the factors, indicators and other considerations must support one
or more of the following reasons cited in AR 5120:1-1-07 for continued incarceration:
(a) There is substantial reason to believe that the inmate will engage in further criminal
conduct, or that the inmate will not conform to such conditions of release as may be
established under AR 5120:1-1-12.
(b) There is substantial reason to believe that due to the serious nature of the crime, the
release of the inmate into society would create undue risk to public safety, or that
due to the serious nature of the crime, the release of the inmate would not further the
interest of justice nor be consistent with the welfare and security of society.
(c) There is substantial reason to believe that due to serious infractions of division level
5120:9-06 of the Administrative Code, the release of the inmate would not act as a
deterrent to the inmate or to other institutionalized inmates from violating
institutional rules.

53

July 1, 2007

PART F: GUIDELINE APPLICATION PROCEDURES
1.

Completion of the Decision Sheets: The Ohio Parole Board Decision Sheet shall be
completed at all initial parole, shock parole, and non-Senate Bill 2 indefinite transitional
control consideration hearings and all subsequent parole proceedings in which the
Guidelines Manual has not previously been applied (except in cases in which the offender
has previously been granted a projected release date and has fulfilled the conditions of
that date).
(a) Information required to be documented on the Decision Sheet: The Decision Sheet
must contain the Offense Category and corresponding section number (when
applicable), the SB2 equivalent sentence range (when applicable), the Criminal
History Risk Score (when applicable), the corresponding guideline range, and time
served in custody separated by jail time and prison time. In addition, the Decision
Sheet must clearly indicate a rationale for the recommendation made, prior to the
recommendation. The rationale must cite the factors, indicators and considerations
justifying a release or continued incarceration recommendation. If the
recommendation is for continued incarceration, the cited factors, indicators and
considerations must support one or more of the reasons cited in AR 5120:1-1-07:
(i)

(ii)

(iii)

2.

There is substantial reason to believe that the inmate will engage in further
criminal conduct, or that the inmate will not conform to such conditions of
release as may be established under AR 5120:1-1-12.
There is substantial reason to believe that due to the serious nature of the
crime, the release of the inmate into society would create undue risk to
public safety, or that due to the serious nature of the crime, the release of
the inmate would not further the interest of justice nor be consistent with
the welfare and security of society.
There is substantial reason to believe that due to serious infractions of
division level 5120:9-06 of the Administrative Code, the release of the
inmate would not act as a deterrent to the inmate or to other
institutionalized inmates from violating institutional rules.

Calculating Time in Custody: Time in custody means only time in actual physical
custody. Time on probation or escape status does not count as time in custody.
Moreover, a sentence for contempt of court interrupts the running of the criminal
sentence. Thus, any time spent as a result of a sentence of civil contempt is not counted
in calculating time in custody.
(a)

Original Parole Consideration.
(i)

Calculate the number of months in actual physical custody on the present
sentence(s). Include jail time credit.

(ii)

Credit is given towards the guidelines for any time spent in confinement
on any offense considered in assessing the offense category.

54

July 1, 2007

(b)

Probation Revocation Cases. Credit any time spent in actual physical custody for
any offense considered in assessing the offense category. If a prisoner is received
as a probation violator from a “split” sentence, also credit the months spent in
custody prior to being placed on probation.

(c)

Parole Revocation Cases. In reparole guideline cases, count as time in custody
any time spent in actual physical custody of the state of Ohio as a result of the
actions leading to the parole violation.
(i)
(ii)

(iii)

3.

Technical parole violators within the state of Ohio: Calculate time spent
in physical custody from the date of arrest for the violations.
Technical parole violators returned from outside the state of Ohio:
Calculate time spent in physical custody from the date of return to the
state of Ohio.
Parole violators recommissioned: Calculate time spent in physical custody
from the date of arrest.

Projected Release Dates
(a)

Setting of projected release date.
(i)

A projected release date onto parole supervision can be recommended for
inmates serving indefinite sentences for all crimes except those noted
below. A projected release date can only be recommended within five (5)
years of the hearing date. If the hearing panel determines that an inmate is
not suitable for release onto parole supervision within five (5) years, a
future hearing date must be recommended at which time suitability for
release onto parole supervision will again be reviewed and assessed.

(ii)

Each offender given a projected release date shall receive a pre-release
record review, and will not be required to again appear at a release
consideration hearing, unless the projected release date is rescinded.

(iii)

Any inmate required per policy to be referred to Central Office Board
Review for a majority Parole Board Member vote prior to release shall not
receive a projected release date. The institution hearing panel shall either
refer the case to COBR when release is recommended, or recommend a
future hearing date when release suitability will again be reviewed and
assessed. These inmates include any inmate serving a Life sentence, a
sentence for any offense under Chapter 2907 of the Ohio Revised Code
(pertaining to sex offenses), or any attempt, conspiracy, or complicity to
commit these offenses; or any offender with an institutional security status
of Level 4 or Level 5. In addition, the Board may decide by majority
Board Member vote to preclude other inmates serving certain offenses
from receiving projected release dates when it is deemed appropriate.

55

July 1, 2007

(iv)

(b)

The Parole Board may, in addition, schedule a special interim review upon
the request of the warden (e.g., in the case of a serious disciplinary
infraction).

Pre-release Record Review.
(i)

The purpose of a pre-release record review shall be to determine whether
there have been any changes in circumstances sufficient enough to warrant
the rescission of a projected release date, and require that the inmate again
appear at a release consideration hearing.

(ii)

A pre-release record review shall consist of a review of the record by a
Hearing Officer nine months prior to the projected release date except in
the case of a projected release date set for eighteen months or less from the
hearing, in which case the review shall be 120 days prior to the projected
release date. The Hearing Officer shall recommend whether to approve
the projected release date, modify the projected release date, or rescind the
projected release date and schedule the inmate for a release consideration
hearing. The recommendation will be reviewed by a Parole Board
Member. If the Parole Board Member rejects a Hearing Officer’s
recommendation to approve a projected release date, the inmate will be
scheduled for a release consideration hearing.

(iii)

Generally, an offender will be released on the projected release date set by
the Parole Board if (1) the offender has satisfactorily observed the rules of
the institution; (2) the offender has satisfied any special condition set by
the Parole Board as part of the grant of the projected release date; (3) the
offender has a suitable release plan, and (4) no new and substantial
adverse information relative to the prisoner’s release on parole has been
received by the Parole Board.

(iv)

If (1) the offender has not satisfactorily observed the rules of the
institution; (2) the offender has not satisfied any special condition(s) set by
the Parole Board as part of the grant of the projected release date; (3) the
offender does not have a suitable release plan; or (4) the Parole Board has
received new, substantial and credible adverse information relative to the
offender’s release on parole, the offender’s projected release date may be
rescinded.

(v)

If the Projected Release Date is rescinded, the case shall be scheduled for
a hearing with the inmate so that the rescission issue can be addressed. In
cases where the projected release date was rescinded due to institutional
misconduct, the institutional panel may assess a new projected release date
up to nine (9) months beyond the previously imposed projected release
date. If the panel determines that nine (9) months is insufficient to address

56

July 1, 2007

the misconduct, the recommendation beyond nine (9) months shall be
referred to the Decision Review Panel.
(vi)

4.

The Parole Board may advance a projected release date only for (1)
superior participation in a work program or other sustained superior
program participation; or (2) new and substantial favorable information
relative to the offender’s release on parole.

Continuance Dates: Any inmate determined not to be suitable for release onto parole
supervision within five (5) years of the hearing date will not receive a projected release
date, but will receive a subsequent or future hearing date at which time release suitability
will again be reviewed and assessed.
(a)

Setting of future hearing date:
(i)

Statutory First Hearings: At a Statutory First Hearing, the institutional
panel may assess a continuance date up to ten (10) years beyond the
statutory first hearing date.

(ii)

Subsequent Hearings: If an inmate is appearing at a subsequent hearing
date beyond his Statutory First Hearing, the institutional panel may assess
a future hearing date of no more than five (5) years beyond the date of the
current hearing. If the institutional panel determines that the seriousness
of the offense behavior and/or the inmate’s conduct warrants more than a
five (5) year continuance, the panel must refer to the Decision Review
Panel (DRP) for consideration any recommendation of a continuance of up
to 7 ½ years, or to Central Office Board Review (COBR) for consideration
of a recommendation of a continuance of more than 7 ½ to 10 years.

(iii)

Setting of Projected Release Date at Subsequent Hearing Date: If at a
subsequent hearing the institutional panel determines that the inmate is
suitable for release onto parole supervision within five (5) years, a
projected release date may be recommended, but only for those inmates
not required to be referred to Central Office Board Review for a majority
Board Member vote prior to release. As indicated previously, these
inmates include any inmate serving a Life sentence, a sentence for any
offense under Chapter 2907 of the Ohio Revised Code (pertaining to sex
offenses), or any attempt, conspiracy, or complicity to commit these
offenses, or any inmate with an institutional security status of Level 4 or
Level 5.

57

July 1, 2007

58

July 1, 2007

APPENDIX 1: STANDARDIZED WORDING ON HEARING DECISIONS
A.

Parole on/after (two months from hearing date).
(Example: POA 4/11/06)

B.

Delayed Parole on/after (up to 6 months from date of hearing).
(Example: DEL POA 9/1/06)

C.

Projected Release Date on/after (up to 5 years from date of hearing).
(Example: PRD o/a 4/1/07)

D.

Referral to Central Office Board Review (cases requiring majority Board Member vote
for release).
(Example: COBR)

E.

Referral to Decision Review Panel.
(Example: DRP)

F.

Continue to Maximum Expiration of Sentence.
(Example: Cont. to Max.)

G.

Continue (applies when PRD not established).
(Example: Cont. 2/2009)

H.

Reschedule 90 days for MCE (applies to serious Mental Health offenders only).
(Example: Reschedule 9/06 MCE)

I.

Reschedule two months for Clinical Risk Assessment or for additional information.
(Examples: Reschedule 9/06 CRA; Reschedule 9/06 Invest)
SPECIAL REVIEW HEARINGS

J.

No Change
(Example: No Change, Cont 2/2012)

K.

Change and Parole (Two months from hearing date)
(Example: Change, Parole o/a 9/4/2006)

L.

Change and give Projected Release Date
(Example: Change, PRD o/a 12/1/2006)

M.

Change and reduce continuance
(Example: Change, Cont 5/2009)

* All release decisions will include the phrase “actual release subject to approved placement
plan”.

59

July 1, 2007

STANDARDIZED WORDING FOR PAROLE BOARD SPECIAL CONDITIONS
The standardized wording for Parole Board Special Conditions are:
A.

Substance Abuse screening and programming if indicated.
(SAS PII)
Includes: All abusive substances

B.

Mental Health screening and programming if indicated.
(MHS PII)
Includes: Stress Management
Anger Management
Domestic Violence
Psychological Counseling
Psychiatric Counseling
Gamblers Anonymous
Shoplifters Anonymous
Etc.

C.

Sex Offender screening and programming if indicated, 2 years Parole Supervision.
(SOS PII; 2Y SUP)

D.

No unsupervised contact with minors.
(NUCWM)

E.

No contact with victim.

60