Ohio Rev. Code » Chapter 2971
Ohio Revised Code

Ohio Rev. Code § 2971.04 (2026)

Termination or transfer of control of sentence of sexually violent predator

✓ current as of May 2026
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Effective:
March 22, 2013
Latest Legislation:
Senate Bill 160 - 129th General Assembly
PDF:
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(A) If an offender is serving a prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, at any time after the offender has served the minimum term imposed under that sentence, the parole board may terminate its control over the offender's service of the prison term. The parole board initially shall determine whether to terminate its control over the offender's service of the prison term upon the completion of the offender's service of the minimum term under the sentence and shall make subsequent determinations at least once every two years after that first determination. The parole board shall not terminate its control over the offender's service of the prison term unless it finds at a hearing that the offender does not represent a substantial risk of physical harm to others. Upon the request of the prosecuting attorney or of any law enforcement agency, the board shall provide to the requesting prosecuting attorney and law enforcement agencies an institutional summary report prepared by the department of rehabilitation and correction that covers the offender's participation while confined in a state correctional institution in training, work, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. Prior to determining whether to terminate its control over the offender's service of the prison term, the parole board shall request the department of rehabilitation and correction to prepare pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment and report relative to the offender. The offender has the right to be present at any hearing held under this section.

At the hearing, the offender and the prosecuting attorney may make a statement and present evidence as to whether the parole board should terminate its control over the offender's service of the prison term. In making its determination as to whether to terminate its control over the offender's service of the prison term, the parole board may follow the standards and guidelines adopted by the department of rehabilitation and correction under section 5120.49 of the Revised Code and shall consider the updated risk assessment and report relating to the offender prepared by the department pursuant to section 5120.61 of the Revised Code in response to the request made under this division and any statements or evidence submitted by the offender or the prosecuting attorney. If the parole board terminates its control over an offender's service of a prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, it shall recommend to the court modifications to the requirement that the offender serve the entire term in a state correctional institution. The court is not bound by the recommendations submitted by the parole board.

(B) If the parole board terminates its control over an offender's service of a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code, the parole board immediately shall provide written notice of its termination of control to the department of rehabilitation and correction, the court, and the prosecuting attorney, and, after the board's termination of its control, the court shall have control over the offender's service of that prison term.

After the transfer, the court shall have control over the offender's service of that prison term for the offender's entire life, subject to the court's termination of the term pursuant to section 2971.05 of the Revised Code.

(C) If control over the offender's service of the prison term is transferred to the court, all of the following apply:

(1) The offender shall not be released solely as a result of the transfer of control over the service of that prison term.

(2) The offender shall not be permitted solely as a result of the transfer to serve a portion of that term in a place other than a state correctional institution.

(3) The offender shall continue serving that term in a state correctional institution, subject to the following:

(a) A release pursuant to a pardon, commutation, or reprieve;

(b) A modification or termination of the term by the court pursuant to this chapter.
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2014–2022 · leading case: State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022).
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State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). · cites it 18× “For example, under R.C. 2971.04, the legislature has tasked the parole board to conduct a hearing to determine whether to terminate control over the offender after the offender has served the minimum term under R.”
State v. Sealey, 2021 Ohio 1949 (Ohio Ct. App. 2021). “As another example, the legislature expressly specified due process protections in R.C. 2971.04, which addresses parole board termination of its control over certain offenders’ service of their prison terms.”
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022). “The trial court stated that the new Count 7 kidnapping conviction was to be served consecutive to the Count 1 rape conviction “citing the authority of R.C. 2971.04(E) as well as R.C. 2929.14(C), specifically that consecutive sentences are necessary to protect the public from…”
State v. Allen, 2014 Ohio 1806 (Ohio Ct. App. 2014). “Prior to final adjudication under R.C. 2971.04 or 2981.05, the state acquires provisional title to the property, authorizing the state to seize, hold, and protect the property.”
— Ohio Rev. Code § 2971.04(A) — 1 case
State v. Delvallie, 2022 Ohio 470 (Ohio Ct. App. 2022). “For example, under R.C. 2971.04, the legislature has tasked the parole board to conduct a hearing to determine whether to terminate control over the offender after the offender has served the minimum term under R.”
— Ohio Rev. Code § 2971.04(E) — 1 case
State v. Garcia, 2022 Ohio 3426 (Ohio Ct. App. 2022). “The trial court stated that the new Count 7 kidnapping conviction was to be served consecutive to the Count 1 rape conviction “citing the authority of R.C. 2971.04(E) as well as R.C. 2929.14(C), specifically that consecutive sentences are necessary to protect the public from…”
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