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Ohio Revised Code

Ohio Rev. Code § 5149.02 (2026)

Adult parole authority

✓ current as of May 2026

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Effective:

March 31, 2003

Latest Legislation:

House Bill 510 - 124th General Assembly

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There is hereby created in the division of parole and community services of the department of rehabilitation and correction at bureau level an adult parole authority. The adult parole authority consists of its chief, a field services section, and a parole board. The director of rehabilitation and correction shall appoint the chief of the adult parole authority, one or more superintendents of the field services section, and the chairperson of the parole board, all of whom shall serve at the pleasure of the director and shall be in the unclassified civil service.

The authority is a regular administrative unit of the department of rehabilitation and correction and shall operate under rules adopted by the director. The chief of the division of parole and community services may adopt supplemental rules governing operation of the authority, assigning specific powers and duties to the chief of the authority, and assigning specific functions to sections within the authority.

No person shall be appointed as chief of the adult parole authority who is not qualified by education or experience in correctional work, including law enforcement, probation, or parole, in law, in social work, or in a combination of the three categories.

Notes of Decisions

Cited in 34 cases (23 in the last 5 years), 1969–2026 · leading case: Wise v. Ohio Dep't of Rehab. & Corr., 616 N.E.2d 251 (Ohio Ct. App. 1992).

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Wise v. Ohio Dep't of Rehab. & Corr., 616 N.E.2d 251 (Ohio Ct. App. 1992). · cites it 2× “10 provides in pertinent part as follows: “ * * * In addition to the rules authorized by section 5149.02 of the Revised Code, the chief of the adult parole authority shall, subject to the approval of the chief of the division of parole and community services, adopt rules…”

State ex rel. Ellis v. Ohio Adult Parole Auth., 2024 Ohio 2345 (Ohio Ct. App. 2024). · cites it 2× “The creation of OAPA is authorized by R.C. 5149.02, which provides that “[t]here is hereby created in the division of parole and community services of the department of rehabilitation and correction at bureau level an adult parole authority.”

State v. Jones, 703 N.E.2d 833 (Ohio Ct. App. 1997). · cites it 2× “any peace officer may arrest the person on probation or under a community control sanction without a warrant upon the written order of the chief county probation officer if the person on probation or under a community control sanction is under the supervision of that county…”

Ellis v. Ohio Dept. of Rehab. & Corr., 2020 Ohio 6877 (Ohio Ct. App. 2020). “R.C. 5149.02. The attorney general is the exclusive legal adviser of the Adult Parole Authority, its officers, and employees.”

State v. Miller, 2017 Ohio 5801 (Ohio Ct. App. 2017). · cites it 2× “period of community control, any peace officer may arrest the person under a community control sanction without a warrant upon the written order of the chief probation officer of the probation agency if the person under a community control sanction is under the supervision of…”

Nelson v. Mohr, 2013 Ohio 4506 (Ohio Ct. App. 2013). “105-PBD-03 in their future parole hearings, from transferring appellants to any other correctional facility while the case was pending, and from enacting any future codes or policies under R.C. 5149.02 that would conflict with the legislative intent of any statutes, including R.”

Williams v. Morris, 584 N.E.2d 671 (Ohio 1992). · cites it 2× “of the Revised Code: “(E) ‘Parole’ means the release from confinement in any state penal or reformatory institution by the adult parole authority that is created by section 5149.02 of the Revised Code and under any terms and for any period of time that is prescribed by the…”

State v. Cooper, 457 N.E.2d 364 (Ohio Ct. App. 1983). · cites it 2× “Such arrest may also be made by any sheriff, deputy sheriff, marshal, deputy marshal, watchman, or police officer upon the written order of the chief probation officer, if the defendant is under the supervision of a county department of probation, or on the warrant of the judge…”

State ex rel. Duncan v. Ohio Adult Parole Auth., 2024 Ohio 5994 (Ohio Ct. App. 2024). · cites it 2× “12(B)(6) because OAPA’s exercise of judicial or quasi-judicial authority in determining an offender’s parole status is clearly authorized by law.”

Green v. Dept. of Rehab. & Corr., 2020 Ohio 1011 (Ohio Ct. App. 2020). “R.C. 5149.02. 2 The parties dispute the dates of this period of confinement.”

State ex rel. Devore v. Ohio Adult Parole Auth., 2024 Ohio 5923 (Ohio Ct. App. 2024). “See R.C. 5149.02. No. 23AP-493 7 {¶ 30} 3. In 2018, a judgment entry reflecting relator’s conviction was filed in the Ashland County Court of Common Pleas.”

State ex rel. Adams v. Hoying, 2025 Ohio 1562 (Ohio Ct. App. 2025). “See R.C. 5149.02. {¶ 7} 3. As relevant to this matter, Adams was previously convicted in two criminal cases arising out of the Cuyahoga County Court of Common Pleas.”

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