(A) Upon the conviction of or plea of guilty to a felony by a person on post-release control at the time of the commission of the felony, the court may terminate the term of post-release control, and the court may do either of the following regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on post-release control:
(1) In addition to any prison term for the new felony, impose a prison term for the post-release control violation. The maximum prison term for the violation shall be the greater of twelve months or the period of post-release control for the earlier felony minus any time the person has spent under post-release control for the earlier felony. In all cases, any prison term imposed for the violation shall be reduced by any prison term that is administratively imposed by the parole board as a post-release control sanction. A prison term imposed for the violation shall be served consecutively to any prison term imposed for the new felony. The imposition of a prison term for the post-release control violation shall terminate the period of post-release control for the earlier felony.
(2) Impose a sanction under sections 2929.15 to 2929.18 of the Revised Code for the violation that shall be served concurrently or consecutively, as specified by the court, with any community control sanctions for the new felony.
(B) If a person on post-release control was acting pursuant to division (B)(2)(b) of section 2925.11 or a related provision under section 2925.12, 2925.14, or 2925.141 of the Revised Code and in so doing violated the conditions of a post-release control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code, or violated section 2925.12, division (C)(1) of section 2925.14, or section 2925.141 of the Revised Code, the court shall not impose any of the penalties described in division (A) of this section based on the violation.
(C) Upon the conviction of or plea of guilty to a felony by a person on transitional control under section 2967.26 of the Revised Code at the time of the commission of the felony, the court may, in addition to any prison term for the new felony, impose a prison term not exceeding twelve months for having committed the felony while on transitional control. An additional prison term imposed pursuant to this section shall be served consecutively to any prison term imposed for the new felony. The sentencing court may impose the additional prison term authorized by this section regardless of whether the sentencing court or another court of this state imposed the original prison term for which the person is on transitional control.
Last updated February 13, 2023 at 4:07 PM
Notes of Decisions
Cited in 254
cases (106 in the last 5 years), 2004–2026 · leading case: State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766.
State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766. · cites it 91ד11(C)(2)(A)—A trial court must advise a criminal defendant on postrelease control for a prior felony, during plea hearing in a new felony case, of trial court’s authority under R.C. 2929.141 to terminate defendant’s existing postrelease control and to impose a consecutive prison…”
State v. Hinton, 2015-Ohio-4907. · cites it 12דThe trial court erred when it invoked R.C. 2929.141 and imposed an additional four year sentence to be served consecutively to the one year sentence in Case No.”
State v. Myles, 2020-Ohio-3323. · cites it 19דSee R.C. 2929.141. The trial court ordered the prison terms to run consecutively for an aggregated total of thirty-six months in prison.”
State v. Smith, 2021-Ohio-3099. · cites it 11דR.C. 2929.141 In his fourth assignment of error, Smith argues the trial court abused its discretion by imposing the 943-day prison term in Case No.”
State v. Gordon (Slip Opinion), 2018-Ohio-1975, 109 N.E.3d 1201. · cites it 7ד19(B)(2)(e) must include notification of the penalty provisions in R.C. 2929.141(A)(1)-(2), specifically, whether a trial court must inform an offender at the time of sentencing that the commission of a felony during a period of post-release control permits a trial court to…”
State v. Johnson (Slip Opinion), 2018-Ohio-4957, 122 N.E.3d 126. · cites it 10דThe trial court further found [Johnson] was on post-release control in Perry County Common Pleas Court Case 13CR0040, at the time he committed the offenses.”
State v. Leopard, 2011-Ohio-3864, 957 N.E.2d 55. · cites it 4ד16 or section 2929.141 of the Revised Code. {¶ 32} “(2) The offender previously was adjudicated a delinquent child pursuant to Chapter 2151.”
State v. Nicholson, 2016-Ohio-50. · cites it 9ד19(B) and R.C. 2929.141. {¶8} R.C. 2929.19 states, in relevant part, as follows: (B)(1) At the sentencing hearing, the court, before imposing sentence, shall consider the record, any information presented at the hearing by any person pursuant to division (A) of this section,…”
State v. Gilbert, 2016-Ohio-5539. · cites it 16ד{¶ 7} Under his sole assignment of error, Gilbert asserts that the trial court improperly deferred to the maximum prison sentence provided for in R.C. 2929.141 when -4- sentencing him for the post-release control violation.”
State v. Brown, 2016-Ohio-5893. · cites it 9דBROWN THE CONSEQUENCES OF VIOLATING POST-RELEASE CONTROL AS MANDATED BY R.C. 2929.141. {¶9} “III. THE TRIAL COURT FAILED TO PROVIDE MR.”
State v. Bates (Slip Opinion), 2022-Ohio-475, 190 N.E.3d 610. · cites it 2דFor instance, we do not know whether the trial court imposed a judicial sanction pursuant to R.C. 2929.141, converting the remainder of the postrelease-control term into prison time and thereby terminating the period of postrelease control for the earlier 2008 felony.”
State v. Welch, 2017-Ohio-314. · cites it 9דIn this case, the trial court did not inquire at the plea hearing whether Landgraf was on post-release control at the time of his offense, and the trial court did not address any of the consequences that Landgraf faced under R.C. 2929.141 if Landgraf were to plead guilty to a…”
State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766. “11(C)(2)(A)—A trial court must advise a criminal defendant on postrelease control for a prior felony, during plea hearing in a new felony case, of trial court’s authority under R.C. 2929.141 to terminate defendant’s existing postrelease control and to impose a consecutive prison…”
State v. Johnson (Slip Opinion), 2018-Ohio-4957, 122 N.E.3d 126. “The trial court further found [Johnson] was on post-release control in Perry County Common Pleas Court Case 13CR0040, at the time he committed the offenses.”
State v. Smith, 2021-Ohio-3099. “R.C. 2929.141 In his fourth assignment of error, Smith argues the trial court abused its discretion by imposing the 943-day prison term in Case No.”
State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766. “11(C)(2)(A)—A trial court must advise a criminal defendant on postrelease control for a prior felony, during plea hearing in a new felony case, of trial court’s authority under R.C. 2929.141 to terminate defendant’s existing postrelease control and to impose a consecutive prison…”
State v. Gordon (Slip Opinion), 2018-Ohio-1975, 109 N.E.3d 1201. “19(B)(2)(e) must include notification of the penalty provisions in R.C. 2929.141(A)(1)-(2), specifically, whether a trial court must inform an offender at the time of sentencing that the commission of a felony during a period of post-release control permits a trial court to…”
State v. Welch, 2017-Ohio-314. “In this case, the trial court did not inquire at the plea hearing whether Landgraf was on post-release control at the time of his offense, and the trial court did not address any of the consequences that Landgraf faced under R.C. 2929.141 if Landgraf were to plead guilty to a…”
State v. Bates (Slip Opinion), 2022-Ohio-475, 190 N.E.3d 610. “For instance, we do not know whether the trial court imposed a judicial sanction pursuant to R.C. 2929.141, converting the remainder of the postrelease-control term into prison time and thereby terminating the period of postrelease control for the earlier 2008 felony.”
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