Ohio judicial release of sex offenders

After referral has been made, the potential Offender will be given the application and scheduled to meet with the Turning Point Probation Officer.

Judicial Release

The clinical eligibility criteria for consideration for the Summit County Turning Point Program pursuant to this Rule shall be the following:. Once an Offender is determined to meet the legal and clinical eligibility for participation in the Summit County Turning Point Program, the treatment team will review all collateral information gathered. The Summit County Turning Point Judge has the discretion and is the final decision maker regarding acceptance into the Program. The Summit County Turning Point Program is a specialized docket established to assist chemically dependent offenders on their road to recovery, by providing services and programming to address their specific needs.

Services may include participation in the following:. In order to coordinate and integrate treatment, education, employment and other services with intensive monitoring and supervision in the context of community control, the Court has created the Domestic Violence Court Specialized Docket according to the requirements set forth in Superintendence Rule This specialized docket began operation on October 3, In order to qualify for the Domestic Violence Court Specialized Docket, participants must be convicted of a qualifying felony domestic violence charge and meet other criteria of eligibility associated with the program.

The specialized docket accepts participants to be placed on the specialized docket where they are given a chance to enter and complete the program as opposed to serving their prison sentence. The following are the criteria for placement on the specialized docket:. The Domestic Violence Specialized Docket is an intensive program where each case is reviewed individually and potential candidates are assessed as to the risk they pose to re-offend and the safety of the victim. The written criteria do not create a right to participate in this specialized docket. The Judge shall have discretion to decide the admission into and termination from this specialized docket.

It is expected that some participants referred to the program will have mental illness diagnoses. This may disqualify the participant from participation as the program may not be equipped to handle certain disorders. Similarly, sex offenders may be disqualified from participation. The specialized docket Judge has discretion to decide admission into the program. The pre-screening process begins upon request by the Prosecutor. All participants referred are pre-screened by a Domestic Violence Specialist Probation Officer to determine if they qualify prior to an assessment. The pre-screening interview and investigation helps to screen potential candidates who may or may not meet the criteria and eligibility for placement.

The pre-screening process allows needed information to be collected on all referrals including criminal history, residency, education, employment, family, medical, mental health and substance abuse. All chemical dependency, mental health and other programming assessments will include available collateral information to ensure the accuracy of the assessment. All case management action for cases on the Domestic Violence Court Specialized Docket shall be according to the specific procedure set forth by the Court including those procedures outlined in the program description, participant handbook and participation agreement which are incorporated as if fully rewritten herein.

The Judge presiding over the specialized docket shall have the primary responsibility for case management. There are two 2 types of termination criteria, unsuccessful and neutral discharge. The Re-Entry Court Dockets were established in to serve a target population of adult felony offenders granted judicial release.

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The goals of the Re-Entry Court are:. These goals will be accomplished by frequent judicial interaction with participants and intensive case management within the criminal justice system and the community. Upon the filing of a motion for judicial release, candidates who meet the following criteria will be considered for participation in Re-Entry Court:.

The Stark County Court of Common Pleas

The goals of Re-Entry Court are best met when each Judge presiding over a Re-Entry Court docket is able to spend quality time with the participants. As such, assignment of cases from non Re-Entry Court dockets shall be made in a manner designed to maintain balance within the Re-Entry Court dockets. If, after holding a Phase I Judicial Release hearing, any Judge who does not preside over a Re-Entry Court docket determines that a defendant would be an appropriate candidate for Re-Entry Court, that Judge shall order that the defendant be returned from prison and shall notify the designated Re-Entry Court Probation Officer that the defendant is to be screened for Re-Entry Court.

After screening of the candidate is completed, the designated Probation Officer shall request that the Re-Entry Court Judge with the lowest Re-Entry docket accept the candidate for admission into Re-Entry Court. If that Judge declines to accept the candidate, then the Probation Officer shall contact the Judge with the next lowest Re-Entry Court docket and shall continue to do so until request has been made to all the Judges presiding over a Re-Entry Court docket. If a candidate is deemed unsuitable by all the Re-Entry Court Judges, then the Probation Officer shall notify the original Judge of that decision and the case shall be returned to the original Judge for further action.

The Re-Entry Court dockets serve a target population of adult felony offenders granted judicial release. Re-Entry Court provides an intense and structured level of supervision and counseling services to participants, with a goal toward reducing the rate of recidivism and the prison return rate. A participant may be unsuccessfully terminated from Re-Entry Court if any of the following factors apply:.

If a participant is unsuccessfully terminated from Re-Entry Court, judicial release shall be terminated and the original sentence shall be imposed.

Attorney for Judicial Release in Columbus, Ohio

A participant may be neutrally discharged from Re-Entry Court if any of the following factors apply:. Upon successful completion of Re-Entry Court, the participant is released from supervision and community control is terminated. All papers shall remain in the Clerk's office except when required by the Court. The face caption of all pleadings filed in civil cases shall provide a blank space of approximately three inches 3" in diameter on the upper right portion of the page, sufficient to permit a time-stamp imprint.

After the complaint is filed, the Deputy Clerk shall stamp the name of the assigned judge on the typewritten line. Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio, office address, phone number, email address and fax number on all documents filed with the Court. Pursuant to Sup. No civil action or proceeding shall be accepted for filing without a deposit as security for costs in the sum set forth on the following Schedule of Filing Fees unless otherwise ordered by the Court. When, in the opinion of the Clerk, the security deposit tendered or the documents offered for filing are not in compliance with the rules of this Court, the Clerk may require the party to secure the approval or direction of the Court before accepting the security deposit or documents.

If the matter concerns a pending case, approval shall be obtained from the judge to whom the case is assigned. If the matter is not yet a pending case, approval shall be obtained from the Administrative Judge. If an attorney for the party is to be counsel of record, then that attorney shall complete the attorney's portion of the Affidavit.

The completed Affidavit shall be submitted to the Clerk of Courts, who shall conditionally accept the complaint, counterclaim or third-party claim, and submit the Affidavit to the assigned trial court for approval. The assigned trial court, in the space provided on the form, shall provide a brief written acknowledgement that the court is presently satisfied with the veracity of the Affidavit and return the form the Clerk of Courts, who shall process the filing without charge.

If disapproved, the court shall conduct a hearing and schedule the same by separate order. Once the case is assigned to a trial court, the trial judge may, at any time in the proceedings, make further inquiry into the sufficiency or credibility of the Affidavit, or otherwise hold a hearing on the party's ability to pay the cost as referred to above. Should the trial court find that the Affidavit lacks credibility or veracity, the court may order the party filing such Affidavit to forthwith pay all such cost waived initially by the filing of the Affidavit, and if not done, then enter adverse judgment as to that party up to and including dismissal with prejudice.

All entries or orders terminating or dismissing any case shall designate the party responsible for payment of court costs. No extraordinary items shall be taxed to costs unless approved, in writing, by all counsel, or by order of a judge. Any request to tax as costs, except as stated herein, shall be returned to the sender. The Clerk is authorized to apply plaintiff's deposit to the costs when, after ninety 90 days from the date of final termination of the case, all attempts to collect the costs from the defendant have failed.

In the event a judge is disqualified for any reason to sit on an assigned case, the judge shall, by making the appropriate entry in the record of the case, refer the case to the Administrative Judge for reassignment.

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The Administrative Judge shall keep a reassignment schedule and shall order the case transferred to another judge. Any judge appointed or elected to succeed another judge shall assume the cases assigned to the predecessor. In the event of the protracted illness of a judge or the unduly prolonged time for trial of some unusual assigned case s , the Administrative Judge may order such reassignment of cases to another judge of the division or to a visiting judge as necessary.

Unless otherwise ordered by the Administrative Judge, civil or criminal cases that have been dismissed and are subsequently refiled, shall be transferred to the docket of the judge to whom the case was assigned at the time of dismissal. The case shall remain assigned to that judge.

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The Administrative Judge may reassign any case in furtherance of justice or to facilitate the orderly and efficient disposition of cases pending before the Court. Upon the reassignment of any case, the Clerk shall enter the name of the reassigned judge upon the jacket and trial docket sheet of the case. When a case has been assigned a trial date, no continuances may be granted except upon showing good cause to the assigned judge.

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If the assigned judge is ill, absent from the county, or otherwise unavailable for a period of more than twenty-four 24 hours, to consider a request for continuance, the request may then be made to the Administrative Judge. The Administrative Judge may, upon showing of good cause, grant the continuance. However, such hearing by the Administrative Judge shall be confined to emergencies where the trial date is imminent, and it appears that the assigned judge will be unable to rule on the requested continuance within a reasonable time before the trial date.

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-one 21 days, and a copy of the certification must be served upon opposing counsel. One additional leave to plead may be obtained by a party for a period of not more than twenty-one 21 days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead.

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In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions. Except as provided herein, additional extensions of time may be obtained only upon order of the assigned judge. Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

Every motion filed shall be accompanied by a brief stating the grounds upon which it is based, and a citation of authorities relied upon to support the motion. On June 3, , the prosecutor moved for a continuance of the hearing.

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  8. The court sustained the motion and re-scheduled the hearing for June 22, Appellant was transported to the county jail, and held until June 19, , when defense counsel contacted the court and advised appellant was being held in violation of his rights. After conferring with both counsel, the trial court held the hearing on June 19, in the absence of the prosecuting attorney.

    Over appellant's objection the court proceeded with the hearing and found appellant is a sexual predator required to comply with the provisions of R. Chapter In his first assignment of error, appellant urges the trial court erred in applying the provisions of R. We agree. The trial court did not have benefit of the Supreme Court's reasoning in State v. Brewer , 86 Ohio St. In Brewer, the Ohio Supreme Court held the sexual predator hearing must take place prior to the offender's release from confinement, and the hearing must be scheduled far enough in advance of the release date, at least ten days, so that officials may satisfy their statutory notification duties.