Post-release control is what people might generally understand to be "parole." By statute, trial judges must impose post-release control at sentencing. Ohio Revised Code Section 2967.28 clearly states that a period of post-release control must be either five years, three years or "up to" three years
If the judge is sentencing a defendant for a felony that is a sex offense, the judge must sentence the defendant to a five year term of post release control.
If the judge is sentencing a defendant for a felony of the first degree, the judge must sentence the defendant to a five year term of post release control.
If the judge is sentencing a defendant for a felony of the second degree that is not a sex offense, the judge must sentence the defendant to a three year term of post release control.
If the judge is sentencing a defendant for a felony of the third degree (not including felony sex offenses because those get five years of post release control as stated above) and in the course of committing that third degree felony the defendant either threatened physical harm or caused physical harm to a person, the judge must sentence the defendant to a three year term of post release control.
For any other felony not listed above, the trial judge must sentence the defendant to a term of post release control of up to three years and the parole board will determine if a period of post release control is "necessary for that offender."
