Ohio Administrative Code|Rule 5120:1-1-33 | Release to state or federal detainer.

                                                
(A) No inmate shall be released from an
		  institution when a detainer has been placed against the inmate by lawful
		  authorities to answer for criminal charges or completion of sentence within the
		  jurisdiction of such authorities, except pursuant to this rule
		  and:
(1) Interstate agreement
			 on detainers, section 2963.30 of the Revised Code.
(2) The procedures in
			 section 2941.401 of the Revised Code.
(B) At least thirty days prior to the
		  scheduled release of any such inmate, notification of the pending release date
		  shall be communicated to the authority that placed the detainer. Such notice
		  shall be given without regard to whether or not the release is pursuant to rule
		  5120:1-1-10 of the Administrative Code or upon completion of maximum
		  sentence.
(C) Inmates subject to detainer upon
		  completion of maximum sentence shall be released on the date specified. In no
		  event shall such inmate remain in custody of the department of rehabilitation
		  and correction beyond the expiration date of sentence upon request of the
		  detaining authority or otherwise.
(D) Inmates otherwise eligible for
		  release pursuant to rule 5120:1-1-10 of the Administrative Code may, at the
		  discretion of the parole board, be released:
(1) Subject to
			 notification to a detaining authority that the inmate is to be released.
			 Failure of the detaining authority to notify the managing officer of the
			 holding institution of its intent to take the inmate into custody shall result
			 in the removal of the detainer.
(2) Subject to
			 enforcement of a detainer as a precondition of release. Failure of the
			 detaining authority to make arrangements to take such releasee into custody on
			 the scheduled date of release, unless extended by the parole board upon
			 request, will cause the removal of the detainer. The inmate shall be notified
			 of such conditional release, and the consequences of such failure, pursuant to
			 paragraph (D) of rule 5120:1-1-10 of the Administrative Code.
(E) If the detainer is from another state and the inmate
		  has declined to waive extradition, the inmate shall be delivered on the
		  scheduled release date to the sheriff of the county in which the inmate is
		  incarcerated pending extradition to the detaining authority.
(F) Release on detainer pursuant to this rule shall be at
		  no expense to the state of Ohio.


Last updated April 8, 2021 at 12:25 PM