Ohio Rev. Code » Chapter 5120
Ohio Revised Code

Ohio Rev. Code § 5120.036 (2026)

Risk reduction programming and treatment

✓ current as of May 2026
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Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
PDF:
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(A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section.

(B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing court recommended that the offender serve a risk reduction sentence, the department of rehabilitation and correction shall conduct a validated and objective assessment of the person's needs and risk of reoffending. If the offender cooperates with the risk assessment and agrees to participate in any programming or treatment ordered by the department, the department shall provide programming and treatment to the offender to address the risks and needs identified in the assessment.

(C) If the department determines that an offender serving a term of incarceration for whom the sentencing court recommended a risk reduction sentence under section 2929.143 of the Revised Code has successfully completed the assessment and treatment or programming required by the department under division (B) of this section, the department shall release the offender to post-release control under one or more post-release control sanctions after the offender has served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms to which the offender was sentenced. The placement under post-release control sanctions shall be under terms set by the parole board in accordance with section 2967.28 of the Revised Code and shall be subject to the provisions of that section and sections 2929.141 and 2967.15 of the Revised Code regarding violation of post-release control sanctions. No mandatory prison term shall be reduced by, or as a result of, an offender's service of a risk reduction sentence. The department shall notify the sentencing court that the offender has successfully completed the terms of the risk reduction sentence at least thirty days prior to the date upon which the offender is to be released.

(D) As used in this section:

(1) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.

(3) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2012–2021 · leading case: State v. Esmail, 2013 Ohio 2165 (Ohio Ct. App. 2013).
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State v. Esmail, 2013 Ohio 2165 (Ohio Ct. App. 2013). · cites it 3× “{¶40} R.C. 5120.036 provides that if the court recommends a risk reduction sentence and the offender successfully completes such programming or treatment, then the Department of Rehabilitation and Correction shall release the offender to supervised release after the offender has…”
State v. Battle, 2014 Ohio 4502 (Ohio Ct. App. 2014). · cites it 2× “(3) The offender agrees to cooperate with an assessment of the offender’s needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code. (4) The offender agrees to participate in any programming or 10…”
State v. Scharsch, 2014 Ohio 1756 (Ohio Ct. App. 2014). “The trial court recommended Scharsch for a risk reduction sentence under R.C. 5120.036, but did not recommend him for a transitional control program under R.”
State v. Hatfield, 2012 Ohio 6182 (Ohio Ct. App. 2012). · cites it 2× “(3) The offender agrees to cooperate with an assessment of the offender’s needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code. (4) The offender agrees to participate in any programming or…”
State v. Hoover, 2013 Ohio 4612 (Ohio Ct. App. 2013). “{¶ 22} With respect to a risk reduction sentence under R.C. 5120.036, a trial court has just two options.”
State v. Allison, 2021 Ohio 3024 (Ohio Ct. App. 2021). “The trial court authorized Allison for a risk reduction sentence pursuant to R.C. 5120.036. {¶8} The trial court memorialized its judgment via a Sentencing Entry filed on September 22, 2020.”
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