How long does a Judge have to rule a motion for judicial release?

01/02/2007 - Judgments - State: OH #52

Full Question:

When you file a motion for judicial release after serving the mandatory 5 years of a 6 year sentencing, is there a limited time allowed as to when the Judge makes his ruling in favor or in denial of the motion?

Answer:

2929.20 of the Ohio Revised Code provides in part:

Upon receipt of a timely motion for judicial release filed by an eligible offender under division (B) of this section or upon the sentencing court's own motion made within the appropriate time period specified in that division, the court may schedule a hearing on the motion. The court may deny the motion without a hearing but shall not grant the motion without a hearing. If a court denies a motion without a hearing, the court may consider a subsequent judicial release for that eligible offender on its own motion or a subsequent motion filed by that eligible offender. If a court denies a motion after a hearing, the court shall not consider a subsequent motion for that eligible offender. The court shall hold only one hearing for any eligible offender.

A hearing under this section shall be conducted in open court within sixty days after the date on which the motion is filed, provided that the court may delay the hearing for a period not to exceed one hundred eighty additional days. If the court holds a hearing on the motion, the court shall enter a ruling on the motion within ten days after the hearing. If the court denies the motion without a hearing, the court shall enter its ruling on the motion within sixty days after the motion is filed.



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01/02/2007 - Category: Judgments - State: OH #52

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