Motion for Judicial Release

A motion for judicial release, pursuant to R.C. 2929.20, requests early release from the trial judge.  Judicial release cannot be requested while serving a mandatory prison sentence. Timing for eligibility varies based on length of sentence.

• If the nonmandatory prison term is less than two years, an inmate may apply after he is delivered to prison or, if the prison term includes a mandatory prison term, at any time after the expiration of all mandatory prison terms.
• If the nonmandatory prison term is at least two years but less than five years, the inmate may apply one hundred eighty days after he is delivered to prison or, if the prison term includes a mandatory prison term, not earlier than one hundred eighty days after the expiration of all mandatory prison terms.
• If the nonmandatory prison term is five years, the inmate may apply after serving four years or, if the prison term includes a mandatory prison term, not earlier than four years after the expiration of all mandatory prison terms.
• If the nonmandatory prison term is more than five years but not more than ten years, the inmate may apply after serving five years or, if the prison term includes a mandatory prison term, not earlier than five years after the expiration of all mandatory prison terms.
• If the nonmandatory prison term is more than ten years, the inmate may apply not earlier than the later of the date on which the offender has served one-half of his stated prison term or four years after the expiration of all mandatory terms.

In ruling on a Motion for Judicial Release, the Court will consider a variety of factors including the length of sentence served, the petitioner’s disciplinary history and institutional programming, and any opposition to the Motion.

If a Motion for Judicial Release is denied without a hearing, a subsequent Motion may be filed. However, if the Court grants a hearing, then denies the Motion, a subsequent Motion for Judicial Release cannot be filed and the petitioner must serve the remainder of his sentence.