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Ohio Revised Code

Ohio Rev. Code § 2967.03 (2026)

Duties and powers as to pardon, commutation, reprieve or parole

✓ current as of May 2026
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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
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The adult parole authority may exercise its functions and duties in relation to the pardon, commutation of sentence, or reprieve of a convict upon direction of the governor or upon its own initiative. It may exercise its functions and duties in relation to the parole of a prisoner who is eligible for parole upon the initiative of the head of the institution in which the prisoner is confined or upon its own initiative. When a prisoner becomes eligible for parole, the head of the institution in which the prisoner is confined shall notify the authority in the manner prescribed by the authority. The authority may investigate and examine, or cause the investigation and examination of, prisoners confined in state correctional institutions concerning their conduct in the institutions, their mental and moral qualities and characteristics, their knowledge of a trade or profession, their former means of livelihood, their family relationships, and any other matters affecting their fitness to be at liberty without being a threat to society.

The authority may recommend to the governor the pardon, commutation of sentence, or reprieve of any convict or prisoner or grant a parole to any prisoner for whom parole is authorized, if in its judgment there is reasonable ground to believe that granting a pardon, commutation, or reprieve to the convict or paroling the prisoner would further the interests of justice and be consistent with the welfare and security of society. However, the authority shall not recommend a pardon or commutation of sentence, or grant a parole to, any convict or prisoner until the authority has complied with the applicable notice requirements of sections 2930.16 and 2967.12 of the Revised Code and until it has considered any statement made by a victim or a victim's representative that is relevant to the convict's or prisoner's case and that was sent to the authority pursuant to section 2930.17 of the Revised Code, any other statement made by a victim or a victim's representative that is relevant to the convict's or prisoner's case and that was received by the authority after it provided notice of the pendency of the action under sections 2930.16 and 2967.12 of the Revised Code, and any written statement of any person submitted to the court pursuant to division (I) of section 2967.12 of the Revised Code. If a victim, victim's representative, or the victim's spouse, parent, sibling, or child appears at a full board hearing of the parole board and gives testimony as authorized by section 5149.101 of the Revised Code, the authority shall consider the testimony in determining whether to grant a parole. The trial judge and prosecuting attorney of the trial court in which a person was convicted shall furnish to the authority, at the request of the authority, a summarized statement of the facts proved at the trial and of all other facts having reference to the propriety of recommending a pardon or commutation or granting a parole, together with a recommendation for or against a pardon, commutation, or parole, and the reasons for the recommendation. The trial judge, the prosecuting attorney, specified law enforcement agency members, and a representative of the prisoner may appear at a full board hearing of the parole board and give testimony in regard to the grant of a parole to the prisoner as authorized by section 5149.101 of the Revised Code. All state and local officials shall furnish information to the authority, when so requested by it in the performance of its duties.

The adult parole authority shall exercise its functions and duties in relation to the release of prisoners who are serving a definite prison term as a stated prison term in accordance with section 2967.28 of the Revised Code, and the authority and the department of rehabilitation and correction shall exercise their functions and duties in relation to the release of prisoners who are serving a non-life felony indefinite prison term as a stated prison term in accordance with sections 2967.271 and 2967.28 of the Revised Code.
Notes of Decisions
Cited in 92 cases (27 in the last 5 years), 1969–2025 · leading case: Nelson v. Mohr, 2013 Ohio 4506 (Ohio Ct. App. 2013).
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Nelson v. Mohr, 2013 Ohio 4506 (Ohio Ct. App. 2013). · cites it 20× “02 that would conflict with the legislative intent of any statutes, including R.C. 2967.03, relating to parole release consideration hearings.”
Wilkinson v. Dotson, 544 U.S. 74 (2005). · cites it 2× “See Ohio Rev. Code Ann. § 2967.03 (Lexis 2003) (describing the parole authority's broad discretionary powers); Inmates of Orient Correctional Inst.”
Michael v. Ghee, 498 F.3d 372 (6th Cir. 2007). · cites it 3× “See Ohio Rev.Code § 2967.03 (describing the OAPA’s broad discretionary powers).”
State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). “Under R.C. 2967.03, the parole decision is discretionary.”
Layne v. Ohio Adult Parole Auth., 780 N.E.2d 548 (Ohio 2002). · cites it 2× “03 vests discretion in the APA to “grant a parole to any prisoner for whom parole is authorized, if in its judgment there is reasonable ground to believe that * * * paroling the prisoner would further the interests of justice and be consistent with the welfare and security of…”
Layne v. Ohio Adult Parole Auth., 2002 Ohio 6719 (Ohio 2002). · cites it 2× “”6 However, that discretion must yield when it runs afoul of statutorily based parole eligibility standards and judicially sanctioned plea agreements.”
State ex rel. Seikbert v. Wilkinson, 633 N.E.2d 1128 (Ohio 1994). · cites it 2× “R.C. 2967.03 vests discretion in the APA to “grant a parole to any prisoner, if in its judgment there is reasonable ground to believe that * * * such action would further the interests of justice and be consistent with the welfare and security of society.”
State ex rel. Keith v. Ohio Adult Parole Auth. (Slip Opinion), 2014 Ohio 4270 (Ohio 2014). · cites it 2× “Under R.C. 2967.03, the parole decision in Ohio is discretionary.”
State ex rel. Maurer v. Sheward, 1994 Ohio 496 (Ohio 1994). · cites it 2× “In addition, R.C. 2967.03, authorizing the Adult Parole Authority to recommend a pardon, commutation, or reprieve to the Governor, provides procedural requirements which must be fulfilled before the authority may recommend a pardon or commutation, but any such requirements…”
Ridenour v. Collins, 692 F. Supp. 2d 827 (S.D. Ohio 2010). · cites it 7× “Ridenour at his 2008 parole hearing so as to eliminate his eligibility for parole; (5) Ohio Rev.Code § 2967.03 (eff. 3-18-1965) required OAPA to assess factors relevant to a determination of whether parole “would further the interests of justice and be consistent with the…”
Woods v. Telb, 733 N.E.2d 1103 (Ohio 2000). “Former R.C. 2967.03, 145 Ohio Laws, Part IV, 6428.”
State, Ex Rel. Thompson v. Clark, 455 N.E.2d 6 (Ohio Ct. App. 1982). · cites it 5× “The granting of parole is governed by R.C. 2967.03, which reads as follows, in pertinent part: “* * * When a prisoner becomes eligible for parole, the head of the institution in which such prisoner is confined shall notify the authority in the manner prescribed by the authority.”
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