Ohio Department of Rehabilitation and Correction Violation Sanction Process (VSP)

Offenders under supervision sometimes violate the conditions of supervision, which results in a response from the supervising officer to address the violation behavior.  The severity of the response depends on the severity of the violation and the offender’s overall assessed risk of reoffending.   A progressive system of addressing violation behavior is utilized in the form of a grid and is included in APA Policy 100-14: Sanctions for Violations of Conditions of Supervision. All violation behavior is reviewed and weighed depending upon the nature of the violation behavior, risk and overall history of supervision.

Parole Board Hearing Officers (PBHO) are involved in two areas of the violation sanction process (VSP).  If an offender does not respond positively to previously imposed sanctions by the supervising officer, a Parole Board Summons (PBS) may be scheduled. This is a meeting with the offender, the supervising officer, and the PBHO to discuss the consequences of continued violation behavior, such as returning to prison, and to assist the offender in realizing the impact of his/her behavior.  The PBHO reinforces the sanctions ordered by the supervising officer in order to promote compliance.

When the supervising officer and his/her supervisor determine through the Sanction Grid that the offender’s behavior can no longer be addressed by local sanctions, the offender will be scheduled for a hearing to determine whether or not a return to prison is appropriate.  A PBHO presides over the hearing and first determines if there is sufficient evidence to find that the offender committed violations of the conditions of supervision.  If an offender is found to have committed violations, the PBHO will then determine whether return to prison is warranted.  Such determinations to return an offender to prison can only be made by a PBHO or Parole Board Member.

Frequently Asked Questions:

What is an in-custody hearing?   An in-custody hearing is one that is conducted at a county jail or DRC reception center.

What is an out-of-custody hearing?  An out-of-custody hearing is one that is conducted outside of a confined facility.  An out-of-custody hearing is typically held at an Adult Parole Authority office or other location deemed appropriate by the Adult Parole Authority.

What if an offender has pending criminal charges?  If an offender is in a local jail with an unposted bond he/she is considered to be unavailable. In most cases a violation hearing will not be conducted until the pending charges are disposed of or the offender posts bond.

Does an offender get credit for local jail time?  Any time spent in local custody solely on the APA detainer is deducted from the available prison sanction time.  However, a local jail sentence is not credited towards the total prison sanction time available or a prison term imposed by a hearing officer.  The PBHO can impose a prison sanction term of up to 270 days.

How does a hearing officer determine what sanction to impose?  The hearing officer considers the offender’s risk level, criminal and supervision history, as well as community resources and support (residence, employment, family).  They will also consider input from any victim involved in the case.

What is the process to appeal a hearing officer’s decision?  The decision of the hearing officer is final.  If it is believed the decision was prejudicial or there was a procedural issue that effected the disposition of the case the issue can be brought to the attention of the Chief Hearing Officer for review.  The Chief Hearing Officer will review the case and make a determination if there was a case dispositive error or any prejudicial decision involved.