Trial court cannot "disapprove" of Transitional Control at sentencing

August 19, 2011

Thumbnail image for Thumbnail image for Thumbnail image for ONE OF MY WINS ON APPEAL.pngTransitional control is a good thing for inmates (and the rest of society) because it can help them with the transition from prison to the community. Ohio Revised Code Section 2967.26(A)(1) provides that at least three weeks prior to placing an inmate into a Transitional Control Program, the DRC must notify the trial judge. At that point the trial judge may disapprove of the transfer to transitional control. The DRC would give the trial court information like how the inmate has done in prison, what disciplinary problems they have had (if any), any participation in school or vocational training or other rehabilitative programs. Then the trial judge could make a decision as to whether she would want to prevent this positive experience. Some trial judges just cannot wait and disapprove of transitional control at the defendant's sentencing hearing. That is jumping the gun a little bit since the judge has no idea how the defendant will do in prison. The Second District Court of Appeals for Montgomery County just removed disapproval language from a sentencing entry as you can read here. The judge will just have to wait until they are notified by DRC about their desire to place an inmate into a Transitional Control Program before they can deny this opportunity.

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