Motion for Judicial Release
A motion for judicial release, pursuant to R.C. 2929.20, requests early release from the trial judge and cannot be filed while serving a mandatory prison sentence. Timing for eligibility varies based on length of sentence.
- If the sentence imposed is for less than two years, an inmate may apply at any time after he is delivered to prison.
- If the sentence imposed is between two years and five years, an offender may apply after serving at least 180 days in prison.
- If the sentence is exactly five years, an offender may petition for judicial release after serving at least four years imprisonment.
- If the sentence is more than five years but not more than ten years, the offender must serve at least five years before he is eligible.
- If the sentence is more than ten years, the offender is eligible for judicial release at any time after at least one half of the total sentence is served.
If a Motion for Judicial Release is denied without a hearing, a subsequent Motion for Judicial Release 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.
Timing is important! 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 opposition to the Motion. Call Harris Law Firm today for a consultation.