If you or someone you love is doing time in Ohio, the release date depends on when the offense occurred and what the felony degree is. Ohio currently operates three sentencing systems simultaneously. The Reagan Tokes Law, effective March 22, 2019, applies to first and second degree non life felonies: the judge sets a minimum prison term and the maximum is automatically 50 percent above the minimum, with release presumed to occur at the minimum unless the Department of Rehabilitation and Correction extends it. Definite sentences apply to third, fourth, and fifth degree felonies: the person serves a fixed stated term, reduced by earned credits. Pre-1996 legacy cases still exist where a Parole Board makes the release decision within an older indeterminate sentence.
This guide walks through how Ohio calculates a release date step by step: the Reagan Tokes system for F1 and F2 felonies, what the presumption of release means and how it can be extended, the definite sentence system for F3 through F5 felonies, earned credits, Post Release Control, and the legacy Parole Board system. None of this is legal advice, but it will help you read your own time the way the Ohio Department of Rehabilitation and Correction does.
Here is the short version.
Ohio uses the Reagan Tokes Law for first and second degree non life felonies committed on or after March 22, 2019. The judge sets a minimum term; the maximum is automatically 150 percent of the minimum. The person is presumed to be released at the minimum. The DRC can rebut that presumption and extend incarceration - but cannot hold a person beyond the maximum, ever. For exceptional conduct, the DRC can also recommend a 5 to 15 percent reduction of the minimum, moving the earliest release date earlier. For third, fourth, and fifth degree felonies, Ohio uses definite (fixed) sentences: the person serves the stated prison term, reduced by earned credits of up to 5 days per month (capped at 15 percent of the sentence). Post Release Control supervision follows both sentence types.
Step one: the Reagan Tokes Law - F1 and F2 non life felonies
The Reagan Tokes Law (Senate Bill 201, effective March 22, 2019) creates an indefinite sentencing system for first and second degree non life felonies committed on or after March 22, 2019.
The judge imposes a minimum prison term selected from the established sentencing range for the offense. Once the minimum is set, the maximum is fixed automatically by statute at 150 percent of the minimum - meaning the maximum equals the minimum plus 50 percent. The judge has no discretion to set a different maximum. For example, a judge who imposes a 6-year minimum creates a 9-year maximum. An 8-year minimum means a 12-year maximum.
First and second degree felonies committed before March 22, 2019, and all felonies subject to life imprisonment, are not covered by the Reagan Tokes Law. Those cases are handled under the prior definite sentencing framework.
Step two: the presumption of release at the minimum
Under the Reagan Tokes Law, the person is presumed to be released at the expiration of the minimum term. This is called the presumptive release date and it includes any jail credit the court awarded.
The presumption of release is the default - the DRC does not need to do anything to make release happen at the minimum. The person will be released at the minimum unless DRC actively intervenes to rebut the presumption.
Presumptive earned early release: for exceptional conduct or adjustment to incarceration, the DRC may recommend a reduction of the minimum term of between 5 and 15 percent. If the DRC makes that recommendation, it must notify the sentencing court at least 90 days before the early release date. There is a rebuttable presumption that the court will grant the reduction. The court has 60 days to decide and must schedule a hearing. The DRC is not required to request this reduction for any particular person, and people serving time for sex offenses are not eligible. If granted, the new earlier date is called the presumptive earned early release date.
Step three: rebuttal of the presumption - extensions beyond the minimum
The DRC may rebut the presumption of release and extend incarceration beyond the minimum. To do so, DRC must hold a formal hearing and prove that at least one of the specified grounds applies. These grounds relate to the offender's conduct while confined, the threat the offender poses to society, whether the offender has been in restrictive housing, and the offender's security classification.
If the DRC successfully rebuts the presumption, it may hold the person for an additional period it determines is reasonable. That additional period cannot exceed the maximum term. The person must be released at the maximum under all circumstances - the maximum is an absolute outer limit.
Once an extended period is set and is about to expire, a new presumption of release arises. The DRC may rebut that new presumption again through the same process. The cycle can repeat, but the total time in prison can never exceed the maximum.
For families: the key question is whether the DRC has rebutted the presumption of release. If not, the person will be released at the minimum (or at the presumptive earned early release date, if that reduction was approved). If DRC has rebutted, the hearing outcome determines how long beyond the minimum the person will serve - up to the maximum.
Step four: definite sentences - F3, F4, and F5 felonies
For third, fourth, and fifth degree felonies - which are the most common felony categories in Ohio's courts - the Reagan Tokes indefinite system does not apply. These offenses receive a definite (fixed) stated prison term.
The judge imposes a fixed number of months or years. There is no minimum and maximum range; the sentence is the sentence. The person serves the stated prison term, reduced by earned credits and jail credit.
Earned credits: Under Senate Bill 288, which took effect January 3, 2023, eligible offenders can earn up to 5 days of credit per month for participation in assigned programs. The total earned credit is capped at 15 percent of the total prison sentence. These credits reduce the stated prison term, producing an earlier release date.
After serving the stated term (minus earned credits), the person is released to Post Release Control supervision.
Step five: Post Release Control
Post Release Control (PRC) is a period of supervision in the community that follows release from prison. It applies to most Ohio felony convictions regardless of sentencing era and is imposed by the sentencing court.
For first and second degree felonies, PRC is typically imposed for up to 5 years. For third, fourth, and fifth degree felonies, the PRC period is shorter and varies by the offense. If PRC conditions are violated, the Parole Board may revoke release and return the person to prison for the remainder of the PRC period.
For Reagan Tokes cases, PRC supervision begins after release from the indefinite sentence - whether that release is at the minimum, at the presumptive earned early release date, at an extended period, or at the maximum.
Step six: legacy pre-1996 cases and the Parole Board
People sentenced before Senate Bill 2 took effect in 1996 were sentenced under an older indeterminate system. Under that system, the court imposed both a minimum and a maximum sentence; the minimum could be reduced by good time and earned credits; the Parole Board then decided when within the range to grant release.
People still serving these older sentences are subject to Parole Board review. The Parole Board evaluates suitability for release and cannot hold an offender beyond the maximum sentence.
These legacy cases are a shrinking portion of Ohio's prison population, but families dealing with very long older sentences should understand that the Parole Board - not a formula - controls the release decision for these cases.
Putting it together: a worked example
Here is how the pieces fit, using examples. None of these numbers are legal advice, but they show the method.
Take a person sentenced to 6 years (minimum) for a first degree felony committed in 2021. Under Reagan Tokes, the maximum is 9 years (150 percent of 6 years). The person's presumptive release date is the 6-year mark. If the person's conduct is exceptional, the DRC may recommend a 10 percent reduction of the minimum - moving the release date to about 5 years and 5 months. If instead the DRC finds grounds to rebut the presumption (bad conduct, security concerns), it can extend incarceration beyond 6 years, up to but never past 9 years.
Now take a person sentenced to 18 months for a fourth degree felony. This is a definite sentence. Earned credits of up to 5 days per month, capped at 15 percent of 18 months (about 2.7 months), reduce the stated term. The person may be released before 18 months. Post Release Control supervision follows.
The bottom line for Ohio
Ohio's release date depends on the degree of the felony and when the offense occurred. Reagan Tokes applies to first and second degree non life felonies committed on or after March 22, 2019: the judge sets a minimum, the maximum is 150 percent of the minimum, and release is presumed at the minimum unless DRC rebuts it. DRC can never hold a person beyond the maximum. For exceptional conduct, the minimum can be reduced by 5 to 15 percent. Definite sentences (F3 through F5) are fixed terms reduced by earned credits of up to 5 days per month, capped at 15 percent. Post Release Control supervision follows both systems. Legacy Parole Board cases exist for very old sentences.
The practical takeaways are clear. First, identify which system applies: Reagan Tokes (F1/F2 on or after March 22, 2019), definite (F3-F5 or pre-March 2019 F1/F2), or legacy (pre-1996). Second, for Reagan Tokes cases, understand that the presumptive release date is the minimum, and the DRC must act to extend it - it does not happen automatically. Third, for definite sentences, earn as many credits as possible (up to the 15 percent cap) by participating in programs. Ask the Ohio Department of Rehabilitation and Correction for the current projected release date, earned credit balance, and PRC term.
Frequently asked questions
How is a release date calculated in Ohio?
Ohio uses different systems depending on the degree and date of the offense. For first and second degree non life felonies committed on or after March 22, 2019, the Reagan Tokes Law applies: the judge sets a minimum term and the maximum is 150 percent of the minimum, with release presumed at the minimum. For third, fourth, and fifth degree felonies, a fixed definite sentence is served, reduced by earned credits capped at 15 percent. Post Release Control supervision follows both.
What is the Reagan Tokes Law in Ohio?
The Reagan Tokes Law (Senate Bill 201, effective March 22, 2019) applies to first and second degree non life felonies committed on or after that date. The judge sets a minimum term; the maximum is automatically 150 percent of the minimum (the minimum plus 50 percent). The person is presumed to be released at the minimum. The DRC can rebut that presumption and hold the person longer - but never beyond the maximum.
What is the presumption of release in Ohio?
Under the Reagan Tokes Law, a person serving an indefinite sentence is presumed to be released at the expiration of the minimum term. The DRC does not need to take any action to make this happen. Release at the minimum occurs unless DRC holds a formal hearing and proves at least one statutory ground for extension. If DRC successfully extends incarceration and that period is about to expire, a new presumption of release arises, which DRC can rebut again.
What are earned credits in Ohio?
Under Senate Bill 288 (effective January 3, 2023), eligible offenders can earn up to 5 days of credit per month for participation in programs. The total earned credit is capped at 15 percent of the total sentence. These credits reduce definite sentences and can also affect Reagan Tokes minimum terms for some purposes. Earned credits do not apply to certain offenses, including sex offenses.
What is Post Release Control in Ohio?
Post Release Control (PRC) is a mandatory supervision period imposed at sentencing that follows release from prison. It applies to most Ohio felony convictions. For first and second degree felonies, PRC can be up to 5 years. Shorter periods apply to lower degree felonies. Violations of PRC conditions can result in return to prison. PRC is imposed by the court, not the Parole Board, though the Parole Board handles revocation.
Does Ohio have parole?
Ohio's Parole Board still exists and handles several functions: revocations for Post Release Control violations, release decisions for legacy pre-1996 indeterminate sentences, and review under the Reagan Tokes Law for F1 and F2 indefinite cases. For most current sentences, however, release is governed by the Reagan Tokes minimum and DRC presumption mechanics (for F1/F2) or a fixed definite term with earned credits (for F3 through F5) - not a traditional parole board hearing.