Judicial Release

Judicial Release refers to the sentencing judge’s power to grant a prisoner’s early release from prison.  If/when released on judicial release, offenders have their remaining prison time suspended and are placed on a period of 1-5 years of community control sanctions.  If community control sanctions are completed successfully (without violation), the suspended prison time disappears.  If community control sanctions are violated, the judge can and will likely send the offender back to prison for the remaining prison term.

The way to ask a judge to grant judicial release is by filing a motion.  It is highly advised to hire a skilled attorney to assist with the computation of eligibility and with the reasoning supporting the argument for the prisoner’s release.

Eligibility

If the total non-mandatory sentence is less than two years, the offender is eligible after they have served 30 days in prison. If the sentence includes mandatory time, the motion may be filed not earlier than 30 days after the offender has served the mandatory portion of
their sentence.

If the total non-mandatory sentence is two years or more, but less than five years, the offender is eligible after they have served 180 days in prison. If the sentence includes mandatory time, the motion may be filed not earlier than 180 days after the offender has served the mandatory portion of their sentence.

If the total non-mandatory sentence is exactly five years, the offender is eligible after they have served four years in prison. If the sentence includes mandatory time, the motion may be filed four years after the offender has served the mandatory portion of their sentence.

If the total non-mandatory sentence is more than five years, but ten years or less, the offender is eligible after they have served five years in prison. If the sentence includes mandatory time, the motion may be filed five years after the offender has served the mandatory
portion of their sentence.

If the total non-mandatory sentence is greater than ten years,  the offender is eligible on the later of two dates

(1) the date on which they have served one-half of the their “stated prison term”

or

(2) five years after the offender has served any mandatory portion of their sentence.

A “stated prison term” means the combination of all mandatory and non-mandatory prison terms imposed by the sentencing court. See R.C. 2929.01(FF).

Reasoned Arguments

An attorney will likely be needed to compute eligibility and compile documents supporting the reasons suggested to the court for judicial release.  Many times, sentences can be complex and difficult to understand logically.  Therefore, it is highly recommended that an offender or the offender’s family hire an attorney to look at the sentencing entry and determine the offender’s eligibility date.
If eligible, the attorney will then coordinate with the offender to produce documents to support judicial release.  Typically, these are documents such as certificates of academic achievement while incarcerated, prisoner’s good behavioral record, institution reports, supervisor reports, occupational reports, medical diagnoses.  Additionally, it is very important to show the judge what the offender will be doing upon release.  This can be shown with a résumé, job applications, letters from prospective employers.  Finally, letters from the offender, family, friends, employers, etc….anyone who can provide a good character reference and especially speak to the offender’s contrition, atonement and rehabilitation are helpful to attach to such a motion.  With these documents, a skilled attorney can produce a successful motion for judicial release.

Hearing

In many cases, after the filing of the motion for judicial release, a judge will set the matter for a hearing.  A judge must hold a hearing to grant a motion.  However, a judge may deny a motion without holding a hearing.  This hearing will require the presence of both parties (prosecutors, and Defendant and Defense Attorney).  Here, the parties will lay out their arguments for and against the release of the offender from prison as well as address any questions or concerns from the judge on the matter.  The judge may then grant or deny the motion.  Sometimes, the judge will take more time following such a hearing to ponder the arguments and produce a written opinion and order.