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| Rule |
Rule 5120-9-01 | Use of force.
Effective:
October 19, 2019
(A) As the legal custodians of a large
number of potentially dangerous inmates, prison officials and employees are
confronted with situations in which it may be necessary to use force to control
inmates or respond to resistance. This rule identifies the circumstances when
force may be used lawfully. (B) As used in this rule and rules
5120-9-02 and 5120-9-03 of the Administrative Code: (1) "Force"
means the exertion or application of a physical compulsion or
constraint. (a) The mere application and use of restraints (such as
handcuffs, waist or leg restraints) in connection with accepted procedures such
as the transport, escort or movement of an inmate shall not in itself be
considered a reportable use of force. (b) The use of one's hands with minimal force such as may be
necessary or incidental to the application of restraints, or to restrain,
guide, support, or direct, etc., an inmate during procedures such as the
transport, escort or movement of an inmate shall not in itself be considered a
reportable use of force. (c) If force, greater than minimal force, is needed to overcome
the physical resistance of an inmate in order to apply restraints or otherwise
gain control of the inmate, it shall be considered a reportable use of
force. (2) "Less-than-deadly force" means any force which
could not reasonably be expected to result in the death of the person against
whom it is directed. (3) "Excessive
force" means an application of force which, either by the type of force
employed, or the extent to which such force is employed, exceeds that force
which reasonably appears to be necessary under all the circumstances
surrounding the incident. (4) "Deadly
force" means any force that carries a substantial risk that it will
proximately result in the death of any person. Examples of deadly force
include, but are not limited to, the following: (a) Discharging a firearm in the immediate vicinity of or
directed toward another person; (b) Striking another person on the head with an
instrument; (c) Applying force or weight to the throat or neck of
another. (5) "Physical harm
to persons" means any injury or other physiological impairment regardless
of its gravity or duration. (6) "Serious
physical harm to persons" means any of the following: (a) Any physical harm which carries a substantial risk of
death; (b) Any physical harm which involves some permanent incapacity,
whether partial or total, or which involves some temporary, substantial
incapacity; (c) Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric treatment which
occurred as a result of a physical injury; (d) Any physical harm which involves some permanent disfigurement
or which involves some temporary, serious disfigurement; (e) Any physical harm which involves acute pain of such duration
as to result in substantial suffering, or which involves any degree of
prolonged or intractable pain. (7) "Risk"
means a significant possibility, as contrasted with a remote possibility, that
a certain result may occur or that certain circumstances may
exist. (8) "Substantial
risk" means a strong possibility, as contrasted with a remote or
insignificant possibility, that a certain result may occur or that certain
circumstances may exist. (9) "Immobilizing
security restraints" means any appliance which secures the inmate in such
a way that the inmate is prevented from rising, using toilet facilities, or
eating. "Immobilizing security restraint" shall include, but is not
limited to, what is known as "four-way" or "five-point"
restraints. This does not include the use of handcuffs, leg irons or belly
chain in the transport or movement of the inmate. (C) Guidelines regarding the use of
force. Force shall be used in accordance with the following
guidelines. (1) Amount of force.
Staff members considering the use of force shall evaluate the need to use force
based on the circumstances as known and perceived at the time it is
considered. (a) Staff may use force only to the extent deemed necessary to
control the situation; staff shall increase or decrease the level of force as
resistance increases or decreases. (b) Staff should attempt to use only the amount of force
reasonably necessary under the circumstances to control the situation and shall
attempt to minimize physical injury. (c) Force or physical harm to persons shall not be used as
punishment. (2) Less-than-deadly
force. There are six general circumstances in which a staff member may use
force against an inmate or third person. A staff member may use
less-than-deadly force against an inmate in the following
circumstances: (a) Self-defense from physical attack or threat of physical
harm. (b) Defense of another from physical attack or threat of physical
attack. (c) When necessary to control or subdue an inmate who refuses to
obey prison rules, regulations or orders. (d) When necessary to stop an inmate from destroying property or
engaging in a riot or other disturbance. (e) Prevention of an escape or apprehension of an escapee;
or (f) Controlling or subduing an inmate in order to stop or prevent
self-inflicted harm. (3) Deadly force. Deadly
force may only be used when the staff member reasonably believes that such
force is necessary to accomplish any of the following: (a) To protect self or another from death or serious physical
harm being caused or threatened by an inmate or another person; (b) To prevent or halt the commission of an escape, or to
apprehend an escapee, or; (c) To prevent loss of control of the institution, or a
significant part, or in order to regain such control. (4) Whenever possible, an
appropriate oral warning shall be given prior to the use of deadly force. In no
event shall a warning shot from a firearm be appropriate. (5) Medical attention for
any individual injured during a use of force incident will be provided as soon
as practical after the incident. (6) Force to achieve
compliance: any use of force in which staff can prepare for the use of force.
Staff shall call for assistance before using such force. When safe and
reasonable to do so, such force should be directed by the shift supervisor or
other ranking official and should be videotaped. (7) Reactive force- a use of force that is an immediate
response to an immediate threat of harm to oneself or another; and the
individual can safely and effectively respond to the threat.
Last updated March 24, 2023 at 10:42 AM
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Rule 5120-9-02 | Use of force report and investigations.
(A) Following any reported use of force,
the shift supervisor shall ensure that the following reports have been
completed: (1) Each staff member who
used force or who witnessed any part of the use of force shall complete an
incident report which accurately and completely describes what he or she
observed, what led up to the incident and what was done to resolve the matter,
and what force was used by the staff member. The report form shall list the
inmates on whom force was used, the staff members who used force and any staff,
inmate or other witnesses known. The report shall be completed prior to the end
of the shift, unless the staff member, for good cause, is unable to do
so. (2) The shift supervisor
shall obtain a written statement from each inmate against whom force was used
describing the inmate's version of the event, and identifying any
witnesses to the event. This statement shall be taken as soon as possible after
the incident. The shift supervisor shall determine what additional witness
statements are needed and, in making this determination, shall take into
consideration both the nature of the incident and any injuries received. The
inmate may refuse to make such a statement, but shall make his refusal in
writing and shall acknowledge that he knowingly waived his opportunity to make
a statement. (3) In the event that the
inmate is placed in restrictive housing and suspected of committing a criminal
offense, the warden, warden's designee, or highest ranking official on
site shall consult with the Ohio state highway patrol prior to interviewing the
inmate to coordinate the administrative investigation with any criminal
investigation. (4) Medical staff shall
examine all individuals upon whom force was used, and any individual who used
force on an inmate. Medical staff shall prepare a written assessment of each
individual examined. Whenever a person is injured and needs medical care a
shift supervisor shall collect and report the names of staff and inmate
witnesses. If the shift supervisor was directly involved in the force incident,
statements shall be obtained by another supervisor not directly involved in the
incident. (5) The shift supervisor
shall consider making a videotape or photographic record of any individual,
whether staff or inmate, who was or claims to have been injured during the
incident. In deciding to make such a record, the shift supervisor shall
consider: (a) The extent of the injuries; (b) The nature of the incident, even if the individual is
uninjured; and (c) Whether the injury is visible or capable of being
photographed. (6) The record of
injuries may be made at the time of the medical assessment if doing so will not
interfere with or delay the delivery of necessary medical care. Such record
must not include any medical information apart from a description or depiction
of the injury. (B) The shift supervisor shall prepare a
packet containing each of the documents listed in this rule together with any
other witness statements or information considered relevant. The shift
supervisor should save any available recordings, including all security cameras
and any hand-held recordings that capture the incident and post-incident
escorts. The shift supervisor shall prepare a report on the appropriate form to
attach to the relevant documents referenced in paragraph (A) of this rule. The
shift supervisor shall deliver this packet to the chief of security, and/or
other designee who will review the packet for accuracy, consistency and
completeness. The completed packet will then be delivered to the designated
deputy warden as soon as all reports are completed. (C) The designated deputy warden shall
review the use of force packet prepared by the shift supervisor. The designated
deputy warden may order or collect additional statements or other information
as needed. The deputy warden shall determine the following: (1) Are the factual
circumstances described sufficiently in the record to enable an evaluation of
the amount of force used; (2) Are the factual
circumstances of the situation in dispute; (3) Was the type and
amount of force appropriate for the circumstances as the deputy warden of
operations believes them to have occurred; (4) Was the type and
amount of force reasonable under the circumstances as the responding staff
perceived them; and (5) Were applicable
administrative rules, departmental policies, institution policies and post
orders followed. (D) The designated deputy warden shall
send his or her determinations as described above to the warden for review or
further action. The warden may: (1) Accept the findings
of the deputy warden; (2) Direct that the
deputy warden or other appropriate staff conduct further inquiry into the
situation; (3) Refer the matter to a
use of force investigation; or, (4) Refer the matter to
the chief inspector, pursuant to paragraph (K) of this rule, for
investigation. (E) The warden may refer any use of force
to a use of force investigation at any time. The warden is required to refer
the use of force for further inquiry if any of the following
apply: (1) The factual
circumstances are not described sufficiently in the record to enable an
evaluation of the propriety of the amount of force utilized; (2) The incident involved
serious physical harm to any person; (3) The incident
constituted a significant disruption to the normal operation of the
institution; or (4) Weapons, PR-24
strikes, or less-lethal munitions were used during the incident, whether by
staff or by inmates. (F) The use of force investigator shall
be assigned by the warden or designee. The use of force investigator shall
conduct a review of the use of force incident and the matters surrounding the
incident. The investigator shall not be any person involved with the incident
under investigation, nor such person's direct supervisor, nor any person
who reviewed some other aspect of the incident, such as the hearing officer or
a member of the rules infraction board. The person appointed to investigate a
use of force incident must complete training for that position. (G) The use of force investigator shall
review all materials in the use of force packet and any findings previously
made. The investigator shall also interview each inmate and staff member
directly involved, and any other relevant witnesses. These interviews shall be
completed within twenty working days of the date the matter was referred to the
investigator. Any extensions must be approved by the warden. The investigator
shall review any other relevant evidence. (H) The investigator shall prepare a
report which contains findings of fact and conclusions as to whether the level
and degree of force used was appropriate for the circumstances. The
investigator shall submit to the warden a report, a summary of the statements
received, the use of force packet, and any other information received by the
investigator within thirty working days after being assigned. The warden must
approve any request for an extension of the deadline for the
report. (I) The warden shall review the record
and report presented by the investigator. If the warden believes that further
investigation or clarification is necessary the warden may return the matter to
the assigned investigator, another investigator, or the chief inspector for
additional investigation or review. When the warden is satisfied that the
matter has been thoroughly investigated, the warden shall take such actions as
he or she deems appropriate. (J) The warden shall supplement the
report with any relevant information about other actions taken as a consequence
of the conclusions of the report. The complete investigative record shall be
stored in a secure area designated by the warden. A copy of the cover sheet and
report prepared by the investigator, minus any attachments, shall be placed in
the offender's unit file and in the designated employee file. (K) The chief inspector may initiate an
investigation of a use of force incident either upon his or her own initiative
or upon the request of the director, assistant director, regional director, or
the warden of the institution in which the incident took place. In such cases
the chief inspector may utilize other departmental staff to assist with the
investigation or hearing as may be necessary or appropriate, notwithstanding
other provisions of this rule to the contrary. (L) A use of force investigation report
generated under this rule shall also serve as the administrative investigation
into conduct which may be in violation of departmental policies, procedures,
and/or rules. The use of force investigation may be used to support employee
disciplinary action.
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Rule 5120-9-03 | Inmate complaints of use of force where no use of force report has been made.
(A) A use of force by a staff member, as
defined in rule 5120-9-01 of the Administrative Code, with no subsequent use of
force report being made is contrary to department policy. (B) The inspector of institutional
services, (hereinafter referred to as the IIS,) of each institution shall have
the responsibility of investigating inmate complaints of use of force by a
staff member, where no report was filed. (C) In the event of a complaint by an
incarcerated individual of use of force, where no use of force report was made,
the following procedure shall apply: (1) Any incarcerated
individual complaint of use of force, whether oral or written, received by any
staff member, shall be immediately forwarded to the IIS. If the complaint is
oral, the staff member receiving the complaint shall document it in an incident
report and forward a copy to the IIS. (2) Regardless of the
manner in which a complaint of use of force is received, the staff member
receiving the complaint shall insure that a prompt medical examination is made
of the incarcerated individual upon who the use of force was allegedly
used. (3) Upon receipt of a
complaint of a use of force, the IIS shall review all available camera
footage. (a) The IIS shall interview the incarcerated individual,
the staff member(s) allegedly involved, and any other witnesses the IIS deems
necessary, unless the camera footage demonstrates conclusively that a use of
force did not occur. (b) If camera footage is available and demonstrates
conclusively that force DID NOT occur, the IIS may conclude their investigation
without interviewing the incarcerated individual or any other person and
proceed to paragraph (C)(5) of this rule. (c) Regardless of the determination, any camera footage
that is reviewed shall be preserved for the same period of time as the report
to the warden is preserved. (4) If the IIS determines
that a use of force did occur the IIS shall require that appropriate use of
force reports be filed. (5) The IIS shall prepare
a report for the managing officer, which will include his or her findings, a
summary of the evidence upon which the finding was based, and any and all
relevant documentation, such as the incarcerated individual's written
complaint, incident reports, and or use of force reports. (6) The managing officer
shall then take action consistent with rule 5120-9-02 of the Administrative
Code.
Last updated May 27, 2021 at 9:33 AM
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Rule 5120-9-04 | Appropriate supervision, discrimination and racial issues.
(A) Discrimination with regards to
supervision and administrative actions against any inmate or group of inmates,
on the basis of race, color, religion, gender, sexual orientation, disability,
age or national origin, by any staff member, or by any group or individual
representing the department is strictly prohibited. Any substantiated acts of
discrimination on the part of staff will be addressed through the employee
disciplinary process, which may include such sanctions as suspension or
removal. (B) As used herein, the term
"inappropriate supervision" means any continuous method of annoying
or needlessly harassing an inmate or group of inmates, including, but not
limited to, abusive language, racial/sexual derogatory slurs, and the writing
of inmate conduct reports strictly as a means of harassment. A single incident
may, due to its severity or egregiousness, be considered inappropriate
supervision for purposes of this rule. (C) To provide a monitoring mechanism to
ensure conduct reports are not being issued strictly for harassment purposes
the department of rehabilitation and correction shall keep a record of conduct
reports written by each staff member. The record shall include a copy of the
conduct report and its disposition. (D) Inmates may always address issues of
alleged discrimination, including inappropriate supervision by utilizing the
inmate grievance procedures in accordance with rule 5120-9-31 of the
Administrative Code. (E) Notwithstanding paragraph (D) of this
rule, when any staff member receives an inmate complaint that appears to allege
inappropriate supervision as defined by this rule, the staff member shall
immediately forward the complaint to the inspector of institutional services
for review. (F) If after review the inspector of
institutional services determines the complaint to constitute a possible
violation of appropriate supervision the following procedure shall
apply: (1) The inspector of
institutional services shall promptly interview the inmate who wrote the
complaint. The inmate shall at this time be advised of the availability of the
inmate grievance procedures if the inmate wishes to pursue the complaint on his
own behalf. (2) Regardless of the
inmate's decision whether or not to utilize the inmate grievance
procedures, if the inspector of institutional services, based on his interview
with the inmate, finds that the inmate's complaint may have merit, the
inspector of institutional services will conduct further investigation,
including conducting interviews of the staff member(s) involved, potential or
identified witnesses, and anyone else the inspector of institutional services
feels may have relevant testimony to give, and video footage to include body
worn camera footage. If relevant to the complaint, the inspector of
institutional services shall review the staff member's conduct report
writing record. (3) After the inspector
of institutional services has completed the investigation, the inspector of
institutional services shall then make a conclusion as to whether or not the
supervision of the staff member was appropriate. If the inspector determines
the supervision was inappropriate, the inspector will write a report to the
managing officer that will include the incarcerated adult's original
complaint, the inspector of institutional services' finding of fact, and
the evidence upon which the finding is based. In cases where the inmate has
filed a grievance, the inspector of institutional services will also provide
the inmate with a disposition to the grievance, which will include the
inspector of institutional services' findings, consistent with rule
5120-9-31 of the Administrative Code. The inspector's report to the
managing officer shall also serve as the administrative investigation into
conduct which may be in violation of departmental policies procedures and/or
rules. The inspector's report may be used to support employee disciplinary
actions. (4) The managing officer
may order additional investigation, if the managing officer deems necessary. At
the point the managing officer decides the incident has been thoroughly
investigated, the managing officer will take any appropriate action
necessary. (5) A copy of all
documents related to the complaint and investigation, including the report to
the managing officer and the managing officer's response, if any, shall be
maintained by the inspector of institutional services in accordance with the
established and applicable record retention schedule. (G) All employee orientation and
in-service training and staff development will include extensive programs in
interpersonal communications and human relations, including appropriate
supervision and cultural sensitivity. (H) So far as reasonably possible, and
consistent with all other applicable constitutional and statutory requirements,
institutional programs and work assignments should closely reflect the racial
composition of the institution's inmate population.
Last updated July 1, 2024 at 4:28 PM
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Rule 5120-9-05 | Immobilizing restraints for security or administrative purposes.
(A) Immobilizing security restraints may
be used for the safety of persons and the security and good order of the
institution. Immobilizing security restraints shall never be used as
punishment. The use of immobilizing security restraints shall be governed by
this rule and rule 5120-9-01 of the Administrative Code, except. the
requirements of this policy will not govern nor have application in mental
health housing or in any use of therapeutic restraints on a seriously mentally
ill inmate under the supervision of healthcare treatment staff. (B) Reports. The use of immobilizing
security restraints will be considered an application of force. (1) Staff involved in
placing an inmate in immobilizing security restraints will document the
placement as a use of force. The use of force incident reports and all related
documents shall be delivered to the shift commander prior to the end of the
shift in which the restraints were applied. (2) Institution staff who
recommend or authorize placement of an inmate in immobilizing security
restraints will document the factors related to that decision in an incident
report, explaining the events leading up to the application of the immobilizing
restraints. (3) The application of
immobilizing security restraints under this policy will be recorded on
videotape. (C) The following terms are defined as
indicated. (1) "Immobilizing
security restraint" means any appliance that secures the inmate in such a
way that the inmate is prevented from rising, using toilet facilities, or
eating. "Immobilizing security restraint" includes, but is not
limited to, what is known as "four-way" or "five-point"
restraints. This does not include the use of handcuffs, leg irons or belly
chain in the transport or movement of the inmate. (a) Inmates will be restrained in the face-up position (supine),
with face towards the ceiling, arms at the sides, and with feet approximately
shoulder-width apart, unless otherwise ordered by the institution medical
director. (b) Inmates will not be restrained by linking the hands and feet
behind the back, sometimes called "hog-tying." (2) "Initial Period
of Restraint" means the first authorized period of immobilizing security
restraint that may be up to two hours in duration. This period of restraint may
be initiated by either the highest-ranking supervisor on site, the shift
supervisor, or other person designated by the managing officer. (3) "Continued
Period of Restraint" refers to a period of immobilizing security restraint
following the initial period of restraint. The continued period of restraint
may be up to six hours in duration. This period of restraint may only commence
with the approval of a physician following an examination of the inmate by a
qualified medical professional. (4) "Mental health housing" is
a residential treatment unit ("RTU"), mental health crisis cell,
infirmary cell or any other housing designated for treatment of inmates for
serious mental illness. (5) "Qualified medical
professional" is a registered nurse, a nurse practitioner, a physician or
a physician assistant. (D) Authorization. The highest ranking
supervisor on site, the shift supervisor, or other person designated by the
managing officer will authorize the placement of an inmate in immobilizing
security restraints when he or she determines that: (1) The inmate is
engaging in violent, threatening, destructive or self-destructive behavior that
poses an imminent risk of physical harm to himself or another, or; (2) The inmate persists
in disruptive behavior or behavior that threatens the security of the
institution, and, (3) Will not respond to
orders to cease and other means of restraint do not appear to be an effective
alternative, and, (4) The imposition of
immobilizing security restraints is necessary to gain control of the
inmate. (E) Duration and release. An inmate
placed in immobilizing security restraints will be restrained for limited,
authorized periods or until the reason for the restraint no longer exists,
whichever comes first. An inmate in immobilizing security restraints will be
permitted to take liquids every two hours, eat meals and use toilet facilities,
as the inmate's behavior allows it. The inmate should be released to the
degree and for the time necessary to perform these functions. (1) "Initial Period
of Restraint." The first authorized period of immobilizing security
restraint may be initiated as indicated in paragraph (D) of this rule. This
period may be up to two hours in duration. (a) Medical exam. A qualified medical professional will
immediately review the inmate's medical file and personally examine the
inmate. The inmate will be continually observed until the qualified medical
professional evaluation and approval occurs. The qualified medical
professional's review will be documented in the inmate's medical
chart. (2) "Continued
Period of Restraint" refers to a period of immobilizing security restraint
following the initial period of restraint. If during the initial period of
restraint the inmate continues to demonstrate violent, turbulent, threatening,
or self-destructive behavior, a continued period of restraints may be
authorized. This period may last for up to six hours. (a) To authorize this period of restraint, the shift supervisor
or other official identified in paragraph (D) of this rule, will determine that
the reasons for the application of restraints still exist; and, (b) A physician will approve the continued period of restraint.
In order to approve the continued period of restraint, a physician or a
qualified medical professional will first examine the inmate and record the
examination in the medical file. If the qualified medical professional,
conducts the examination, he or she will also speak to a physician whose
approval will be necessary for continued restraint. The physician's
approval will be documented in the medical file, and may be provided by
telephone. (3) The shift supervisor will consult
with the mental health staff at the time of release to evaluate the
inmate's present needs. If continued restraint may appear to be necessary
after eight hours of restraint, the medical director and the bureau of
behavioral health services staff will evaluate the inmate personally and
recommend appropriate action. (4) Release from immobilizing security
restraints can be ordered at any time by the shift supervisor, the physician,
the managing officer or the managing officer's designee when the inmate is
no longer disruptive, threatening or engaging in self-destructive behavior, or
creating a security risk. (5) If the examining qualified medical
professional concludes at any time that the inmate is likely to suffer imminent
and serious physical harm as a result of the restraints, the qualified medical
professional will immediately communicate this information to the shift
supervisor. The shift supervisor will then take action to diminish the risk of
harm to a medically acceptable level, up to and including the release of the
inmate from the restraint. (F) Health care notifications. As soon as
possible after an inmate has been placed in immobilizing restraints, the shift
supervisor will notify the institution's mental health staff, or medical
staff if mental health staff is not available on site. When the incident is to
be handled as a planned use of force, the medical staff will be notified prior
to the incident and will be in attendance during the incident whenever
possible. (1) The health care staff
contacted will check to determine whether the inmate is on the mental health
caseload. (2) If the inmate is on
the caseload or is behaving in an unusual manner, the health care staff will
contact the appropriate on-duty psychiatrist, psychologist, licensed
independent social worker or the psychiatrist on-call for an appropriate
consultation. (3) Documentation of the
health care evaluation and any subsequent actions will be entered into the
mental health record if completed by mental health staff, or into the medical
record if completed by medical staff. (G) Monitoring. Staff will periodically
check on the condition of any inmate in restraints. (1) After the initial
qualified medical professional's evaluation and approval referenced in
paragraph (E)(1)(a) of this rule, security staff will check an inmate in
immobilizing security restraints on an irregular basis, not to exceed fifteen
minutes apart. Each check will be documented in an appropriate restraint log
indicating the time of the check, the inmate's behavior, and any
observations made by staff and the staff member's initials. (2) A qualified medical
professional will check on the condition of any inmate in immobilizing security
restraints no less than every two hours. The medical staff is responsible for
documenting these checks in the medical file and in the appropriate restraint
log. (3) "Restraint
Log." Whenever an inmate is placed in immobilizing security restraints,
staff responsible for the supervision of the area in which the inmate is held
will maintain a restraint log noting the reasons for the restraints and the
time and date of restraint, authorizations, staff contacts with the inmate,
medical contacts with the inmate, and other appropriate
information.
Last updated May 31, 2024 at 6:52 AM
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Rule 5120-9-06 | Inmate rules of conduct.
(A) The disciplinary violations defined
by this rule address acts that constitute an immediate and direct threat to the
security or orderly operation of the institution, or to the safety of its
staff, visitors and inmates, (including the inmate who has violated the rule),
as well as other violations of institutional or departmental rules or
regulations. (B) Dispositions for disciplinary rule
violations (henceforth, "rule violations") are defined in rules
5120-9-07 and 5120-9-08 of the Administrative Code. (C) Assault and related acts rule
violations: Assault and related acts, rules 1.1 through 1.6; threats, rules 2.1
through 2.5; sexual misconduct, rules 3.1 through 3.8; fighting, unauthorized
group activity, and disturbances, rules 4.1 through 4.6; resistance to
authority and disrespect, rules 5.1 through 5.7; unauthorized relationships,
rule 6.1; lying and falsification, rules 7.1 through 7.2; escape and related
conduct, rules 8.1 through 8.6; weapons, rule 9.1; drugs and other related
matters, rules 10.1 through 10.7; gambling, dealing and other related offenses,
rules 11.1 through 11.4; property and contraband, rules 12.1 through 12.7; fire
violations, rules 13.1 through 13.2; computer, telephone, mail, and visiting,
rules 14.1 through 14.7; tattooing and self-mutilation, rules 15.1 through
15.2; general provisions rules 16.1 through 16.3 as follows: (1) Causing, or
attempting to cause the death of another person (DRC inmate rule of conduct no.
1.1). (2) Hostage taking,
including any physical restraint of another person. (DRC inmate rule of conduct
1.2). (3) Causing, or
attempting to cause, physical harm to another person. (DRC inmate rule of
conduct 1.3). (4) Throwing, expelling,
or otherwise causing a bodily substance to come into contact with another
person. (DRC inmate rule of conduct 1.4). (5) Throwing any other
liquid or material on or at another person. (DRC inmate rule of conduct
1.5). (6) Knowingly
transmitting a communicable disease to another person. (DRC inmate rule of
conduct 1.6. (7) Threatening bodily
harm to another person (with or without a weapon). (DRC inmate rule of conduct
2.1. (8) Threatening harm to
the property of another, including state property (DRC inmate rule of conduct
2.2). (9) Extortion by threat
of violence or other means towards another person. (DRC inmate rule of conduct
2.3). (10) Use of telephone,
mail, electronic devices, or any form of communication to threaten, harass,
intimidate, or annoy another person. (DRC inmate rule of conduct
2.4). (11) Intentionally
grabbing or touching (not sexual contact) a staff member or non-incarcerated
person without the consent of such person in a way likely to harass, annoy, or
impede the movement of such person (DRC inmate rule of conduct
2.5). (12) Non-consensual
sexual conduct with another person, whether compelled by force, by threat of
force, by intimidation other than threat of force, or by any other
circumstances evidencing a lack of consent by the victim. (DRC inmate rule of
conduct 3.1). (13) Non-consensual
sexual contact with another person, whether compelled by force, by threat of
force, by intimidation other than threat of force, or by any other
circumstances evidencing a lack of consent by the victim. (DRC inmate rule of
conduct 3.2). (14) Consensual sexual
conduct or consensual sexual contact with another incarcerated person for the
purpose of sexually arousing or gratifying either person. (DRC inmate rule of
conduct 3.3). (15) Consensual romantic
contact with another incarcerated person including kissing and hand holding.
(DRC inmate rule of conduct 3.4). (16) Non-exhibitionist
seductive or obscene acts. (DRC inmate rule of conduct 3.5). (17) Indecent exposure,
exhibitionistic masturbation, or exhibitionist obscene acts, including but not
limited to masturbating while watching an individual or any sort of intentional
aggression towards another person in an attempt to cause threat, harm, or
humiliation. (DRC inmate rule of conduct 3.6). (18) Sexual harassment-
unwelcome sexual advances, requests for sexual favors, or verbal comments,
gestures, or actions of a derogatory or offensive sexual nature by an
incarcerated person toward any person. (DRC inmate rule of conduct
3.7). (19) Stalking- engaging
in a pattern of conduct that causes another person to reasonably fear for his
or her safety or to believe that the incarcerated person will cause physical
harm to the other person. (DRC inmate rule of conduct 3.8). (20) Rioting or
encouraging others to riot. (DRC inmate rule of conduct 4.1). (21) Engaging in or
encouraging a group demonstration or work stoppage. (DRC inmate rule of conduct
4.2). (22) Engaging in
unauthorized group activities as set forth in paragraph (B) of rule 5120-9-37
of the Administrative Code. (DRC inmate rule of conduct 4.3). (23) Encouraging or
creating a disturbance. (DRC inmate rule of conduct 4.4). (24) Fighting. (DRC
inmate rule of conduct 4.5). (25) Engaging in a group
fight with 4 or more incarcerated persons. (DRC inmate rule of conduct
4.6). (26) Physical resistance
to a direct order. (DRC inmate rule of conduct 5.1). (27) Disobedience of a
direct order. (DRC inmate rule of conduct 5.2). (28) Refusal to carry out
a job assignment or work detail. (DRC inmate rule of conduct 5.3). (29) Refusal to carry out
a rehabilitative program assignment. (DRC inmate rule of conduct
5.4). (30) Refusal to accept a
housing assignment. This rule is also referred to as "refusal to
lock." (DRC inmate rule of conduct 5.5). (31) Being out of place.
(DRC inmate rule of conduct 5.6). (32) Disrespect towards
another person, including instigation of, or perpetuating fighting. (DRC inmate
rule of conduct 5.7). (33) Establishing or
attempting to establish a person relationship with a staff member or
non-incarcerated person, without authorization from the managing officer,
including but not limited to: sending personal mail/email to such person at his
or her residence or another address/email address not associated with the
agency; making a telephone call to or receiving a telephone call from such
person at his or her residence or other location not associated with the
agency; giving to, or receiving from such person, any item, favor, or service;
engaging in any form of business with such person, including buying, selling,
or trading any item or service; and soliciting sexual conduct, sexual contact
or any act of a sexual nature with such person. (DRC inmate rule of conduct
6.1). (34) Giving false
information or lying to a staff member or non-incarcerated person. (DRC inmate
rule of conduct 7.1). (35) Forging,
possessing, or presenting forged or counterfeit documents. (DRC inmate rule of
conduct 7.2). (36) Escape from
institution or outside custody (e.g. transport vehicle, department transport
officer, other court officer or law enforcement officer, outside work crew,
etc.). As used in this rule, escape means that the incarcerated person has
exited a building in which he was confined; crossed a secure institutional
perimeter, or walked away from or broken away from custody while outside the
facility. (DRC inmate rule of conduct 8.1). (37) Removing or
escaping from physical restraints (handcuffs, leg irons, etc.) or any confined
area within an institution (cell, recreation area, strip cell, vehicle, etc.).
(DRC inmate rule of conduct 8.2). (38) Attempting or
planning an escape. (DRC inmate rule of conduct 8.3). (39) Tampering with any
aspect of the facility physical structure or security monitoring or restraining
devices in order to facilitate an escape (or an escape attempt). (DRC inmate
rule of conduct 8.4). (40) Possession of escape
materials; including keys or lock picking devices (may include maps, tools,
ropes, material for concealing identity or making dummies, etc.). (DRC inmate
rule of conduct 8.5). (41) Forging, possessing,
or obtaining forged, or falsified documents which purport to effect release or
reduction in sentence. (DRC inmate rule of conduct 8.6). (42) Possession of,
manufacture of, or possession of plans, instructions, or formula for making a
weapon, ammunition, explosive or incendiary device. (DRC inmate rule of conduct
9.1). (43) Unauthorized
possession or manufacture of drugs or another intoxicating substance (i.e.
alcohol or hooch). (DRC inmate rule of conduct 10.1). (44) Unauthorized
consumption of drugs or another intoxicating substance (i.e. alcohol or hooch),
including failing any positive test for drugs or another intoxicating
substance. (DRC inmate rule of conduct 10.2). (45) Procuring,
attempting to procure, or receiving unauthorized drugs; aiding, soliciting, or
collaborating with another to procure unauthorized drugs or to convey
unauthorized drugs into a correctional facility. (DRC inmate rule of conduct
10.3). (46) Procuring,
attempting to procure, or receiving contraband; aiding, soliciting, or
collaborating with another to procure contraband or to convey contraband into a
correctional facility. (DRC inmate rule of conduct 10.4). (47) Unauthorized
possession of drug paraphernalia. (DRC inmate rule of conduct
10.5). (48) Misuse of authorized
medication. (DRC inmate rule of conduct 10.6). (49) Refusal to submit or
otherwise to cooperate with any type of testing for drugs or an intoxicating
substance, or mandatory substance abuse sanctions. (DRC inmate rule of conduct
10.7). (50) Gambling or
possession of gambling paraphernalia. (DRC inmate rule of conduct
11.1). (51) Dealing, conducting,
facilitating, or participating in any transaction, occurring in whole or in
part, within an institution, or involving any person for which payment of any
kind is made, promised, or expected. (DRC inmate rule of conduct
11.2). (52) Conducting business
operations with any person or entity outside the institution, whether or not
for profit, without specific permission in writing from the managing officer.
(DRC inmate rule of conduct 11.3). (53) Possession or use of
money in the institution. (DRC inmate rule of conduct 11.4). (54) Stealing or
embezzlement of property, obtaining property by fraud or receiving stolen,
embezzled, or fraudulently obtained property. (DRC inmate rule of conduct
12.1). (55) Destruction,
alteration, or misuse of property. (DRC inmate rule of conduct
12.2). (56) Possession of
property of another incarcerated person. (DRC inmate rule of conduct 12.3).
(57) Tampering with locks
or locking devices in order to keep doors from locking as a nuisance or to get
out of locked area not for escape purposes. (DRC inmate rule of conduct
12.4). (58) Possession or use of
a cellular telephone. (DRC inmate rule of conduct 12.5). (59) Possession or use of
tobacco. (DRC inmate rule of conduct 12.6). (60) Possession of any
other contraband, including any article knowingly possessed with has been
altered or for which permission has not been given (DRC inmate rule of conduct
12.7). (61) Setting a fire or
any unauthorized burning. (DRC inmate rule of conduct 13.1). (62) Tampering with fire
alarms, sprinklers, or other fire suppression equipment. (DRC inmate rule of
conduct (13.2). (63) Unauthorized use of
a telephone, mail, or electronic device. (DRC inmate rule of conduct
(14.1). (64) Use of telephone,
mail, or electronic devices in furtherance of any criminal activity. (DRC
inmate rule of conduct 14.2). (65) Violation of
visitation rules, including video visits. (DRC inmate rule of conduct
14.3). (66) Accessing directly
or through indirect means any hardware, software, or system assets that are
part of a local area network (LAN) or wide-area network (WAN) system used in
the administrative operations of the agency. (DRC inmate rule of conduct
14.4). (67) Receiving,
possessing, or using any storage media outside of the specific areas as
designated by the managing staff member/designee. (DRC inmate rule of conduct
14.5). (68) The alteration of
authorized electrical or technology devices for unauthorized purposes. (DRC
inmate rule of conduct 14.6). (69) Possessing any
technical documentation, in any format, that describes the accessing, handling,
functionality, or architecture of any hardware, software, or system assets used
in the administrative operations of the agency. (DRC inmate rule of conduct
14.7). (70) Self-mutilation,
including tattooing. (DRC inmate rule of conduct 15.1). (71) Possession of
devices or material used for tattooing. (DRC inmate rule of conduct 15.2).
(72) Any act not
otherwise set forth herein, knowingly done which constitutes a threat to the
security of the institution, its staff, other incarcerated persons, or to the
acting incarcerated person. (DRC inmate rule of conduct 16.1). (73) Attempting to
commit; aiding another incarcerated person in the commission of; soliciting
another to commit; or entering into an agreement with another to commit any of
the above acts. (DRC inmate rule of conduct 16.2). (74) Any violation of any
published institutional rules, regulations, or procedures. (DRC inmate rule of
conduct 16.3). (D) No inmate will be found guilty of a
violation of a rule of conduct without some evidence of the commission of an
act and the intent to commit the act. (1) The act must be
beyond mere preparation and be sufficiently performed to constitute a
substantial risk of its being performed. (2) "Intent"
may be express, or inferred from the facts and circumstances of the
case. (E) Definitions: The following
definitions will be used in the application of these rules. (1) "Physical harm
to person" means any injury, illness, or other psychological impairment,
regardless of its gravity or duration. (2) "Serious
physical harm to persons" means any of the following: (a) Any mental illness or condition of such gravity as would
normally require hospitalization or prolonged psychiatric
treatment; (b) Any physical harm that carries a substantial risk of
death; (c) Any physical harm that involves some permanent incapacity,
whether partial or total, or that involves some temporary, substantial
incapacity; (d) Any physical harm that involves some permanent disfigurement
or that involves some temporary, serious disfigurement. (e) Any physical harm that involves acute pain of such duration
as to result in substantial suffering or that involves any degree of prolonged
or intractable pain. (3) "Sexual
conduct" means vaginal intercourse between a male and female; anal
intercourse, fellatio, and cunnilingus between persons regardless of sex; and,
without privilege to do so, the insertion, however slight, or any part of the
body or any instrument, apparatus, or other object into the vaginal or anal
cavity of another. Penetration, however slight, is sufficient to complete
vaginal or anal intercourse. (4) "Sexual
contact" means any touching of an erogenous zone of another, including
without limitation, the thigh, genitals, buttock, pubic region, or, if the
person is a female, a breast, for the purpose of sexually arousing or
gratifying either person. (5) "Possession" means either actual or constructive
possession and may be inferred from any facts or circumstances that indicate
possession, control, or ownership of the item, or of the container or area in
which the item was found. (6) "Unauthorized
drugs," for the purpose of this rule, refers to any drug not authorized by
institutional or departmental policy including any controlled substance, any
prescription drug possessed without a valid prescription, or any medications
held in excess of possession limits. (7) "Extortion"
as used in these rules, means acting with purpose to obtain any thing of
benefit or value, or to compel, coerce, or induce another to violate a rule or
commit any unlawful act.
Last updated May 31, 2024 at 6:53 AM
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Rule 5120-9-07 | Conduct report and hearing officer procedures.
(A) Scope: This rule governs the
procedures for the issuance of a conduct report and procedures to be employed
by the hearing officer for determining violations of the inmate rules of
conduct, as described in rule 5120-9-06 of the Administrative Code, referring
conduct reports to the rules infraction board (RIB) and the documentation of
actions. Nothing in this rule precludes department staff from referring such
inmate conduct to law enforcement for prosecution as a criminal offense, or the
state from prosecuting such conduct as a criminal offense. (B) Report: Any department employee or
contractor, except those performing services under a personal services
contract, who has reason to believe that an inmate has violated an inmate rule
(or rules) of conduct may set forth such allegation on the form designated for
that purpose. (1) The conduct report
will contain a description of the specific behavior constituting each rule
violation, cite the name and number of each applicable rule of conduct, and be
signed by the person making the conduct report. (2) The person issuing
the conduct report will indicate whether he or she wishes to appear before the
RIB when the conduct report is heard. (3) If the inmate's
behavior suggests serious mental illness, the person should refer the inmate to
institutional mental health staff for a mental health assessment. (C) Hearing officer designation and
qualification. Each managing officer will designate staff members as hearing
officers. Persons selected to act as hearing officers will complete training
issued by the department's division of legal services. A staff member who
issued the conduct report, witnessed or investigated the alleged violation
cannot serve as hearing officer in relation to that violation. (D) Initial screening and preliminary
procedure. The hearing officer will evaluate conduct reports for form and
content. The hearing officer determines whether the
conduct report cites the correct rule, identifies the charged inmate and cites
sufficient facts to support the charged violation. The hearing officer is
authorized to accept, modify, withdraw or return a conduct report to the person
who wrote the conduct report for correction or revision. (E) Hearing officer - inmate interview.
The hearing officer shall adhere to the following procedures. The hearing
officer will meet with the inmate named on the conduct report as soon as
practicable. The hearing officer will note the date and time of the meeting on
the conduct report and provide the inmate with a copy. If the inmate refuses to
accept the conduct report, the hearing officer will note that fact on record.
The hearing officer will inform the inmate of the rule violation alleged, the
behavior constituting the violation, and the right of the inmate to make a
statement regarding the violation. The hearing officer may either decide and
dispose of the violation or refer the violation to the RIB for
hearing. (F) Hearing officer - deciding and
disposing of rule violations. The hearing officer may decide and dispose of
violations where the alleged conduct is amenable to the dispositions listed in
this rule. In such cases, the hearing officer shall adhere to the following
procedures: (1) The hearing officer
will ask the inmate to admit or deny the violation and ask for the
inmate's statement regarding the violation. (2) The hearing officer
may interview staff, contractors or other inmates regarding the
violation. (3) If the person issuing
the conduct report has indicated that he or she wishes to appear at the hearing
of the conduct report, the hearing officer will contact that person before
making any determination in the case. (4) If the inmate waives
participation in the hearing or refuses to participate in the hearing, the
hearing officer will make a written record documenting the waiver or refusal.
The hearing officer may then either proceed under this rule or refer the matter
to the RIB. (5) The hearing officer
will determine whether a violation has occurred, If the hearing officer finds
that there are some facts to support the conclusion that the inmate violated a
rule, the hearing officer may impose one or more of any of the following
dispositions: (a) The hearing officer may refer the inmate for treatment,
counseling, or other programming. (b) The hearing officer may recommend a change in housing or job
assignment. (c) The hearing officer may issue a warning or
reprimand. (d) The hearing officer may recommend to the managing officer
that the inmate be required to make restitution. (e) The hearing officer may recommend to the managing officer
that contraband be disposed of in a manner consistent with rule 5120-9-55 of
the Administrative Code. (f) The hearing officer may issue focused restrictions on
privileges. Focused restrictions on privileges will not exceed ninety days for
a first offense committed during the inmate's annual security
classification review period and will not exceed one hundred and eighty days
for subsequent offenses during the inmate's annual security classification
review period. (g) The hearing officer may place the inmate in a limited
privilege housing assignment subject to the time frame and referral limitations
set forth in rule 5120-9-09 of the Administrative Code. (h) The hearing officer may assign a period of extra work duty
for each rule violation. (G) Recording the hearing officer's
decision and disposition of a rule violation. When the hearing officer disposes
of a rule violation, the hearing officer shall complete and sign the hearing
officer disposition form indicating the name and number of the inmate, the
nature of the rule violation or violations, the date and time of the interview,
the hearing officer's findings, and any sanction(s) imposed. The
disposition shall meet the following requirements: (1) Such dispositions
will be recorded in the inmate's file and shall clearly note that the
hearing officer made the disposition. (2) Such dispositions
will not be considered for purposes of classification. (3) These dispositions
will be submitted to the RIB chair or designee for an administrative review to
determine substantial compliance with applicable policies, procedures, and to
determine that the disposition was proportionate to the conduct
charged. (4) Upon review, the RIB
chair or designee may approve the disposition, modify it, or return it to the
hearing officer with instructions to refer the matter to the RIB for formal
disposition. (H) Referral to RIB. The hearing officer
may refer a conduct report to the RIB for formal disposition. In such cases,
the hearing officer shall ask the inmate to admit or deny the violation and ask
for the inmate's statement regarding the violation. The hearing officer
shall then determine whether to recommend staff assistance for the inmate. The
hearing officer shall advise the inmate of his or her rights under this rule
and the possible consequences of such hearing before the RIB, and the hearing
officer and other staff will adhere to the following procedures: (1) Staff assistance:
Each institution will maintain a list of staff members who are eligible to
provide staff assistance to inmates. The hearing officer should recommend staff
assistance from that list when: (a) The inmate appears to be functionally illiterate, not fluent
in English, or is otherwise unable to respond to the allegations before the RIB
due to the inmate's limited mental or physical capacity, or; (b) The complexity of the issues makes it likely that the inmate
will be unable to collect and present the facts necessary to adequately respond
to the allegations before the RIB. (2) The hearing officer
will inform the inmate of the following procedural rights, which the inmate may
waive in writing: (a) Time of hearing. The inmate has the right to a period of time
of no less than twenty-four hours after the service of the conduct report
before his or her appearance at the RIB. (b) Presence of charging official. The inmate has the right to
have the person who wrote the conduct report present at the RIB
hearing. (c) Witnesses. The inmate may request a reasonable number of
witnesses. The inmate's request for a witness shall be in writing on an
appropriate witness request form. The request will include the name of the
inmate witness requested, and will state the nature of the information expected
to be provided by the witness. The chairperson of the RIB will approve or deny
any request for inmate witnesses in writing, explaining the basis for the
decision on the designated form. (3) The hearing officer
will inform the inmate that the rule violation might result in the loss of
earned credit that otherwise could have been awarded or may have been
previously earned as authorized by section 2967.193 of the Revised Code and
paragraph (R) of rule 5120-2-06 of the Administrative Code and obtain a written
acknowledgment from the inmate that he or she has been so
informed.
Last updated July 1, 2024 at 4:28 PM
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Rule 5120-9-08 | Disciplinary procedures for violations of inmate rules of conduct before the rules infraction board.
Effective:
April 15, 2024
(A) Scope: This rule governs the
procedures employed before the rules infraction board for determining
violations of the inmate rules of conduct, as described in rule 5120-9-06 of
the Administrative Code, appealing those determinations, and the documenting of
those actions. Nothing in this rule precludes department staff from referring
such inmate conduct to law enforcement for prosecution as a criminal offense,
or the state from prosecuting such conduct as a criminal offense. (B) RIB panel. The rules infraction board
(RIB,) shall consist of two staff members, designated by the managing officer,
sitting as a panel. Persons sitting on an RIB panel must have first completed
RIB training issued by the department's division of legal services. The
RIB panel has the authority to determine guilt and impose penalties for
violations of the inmate rules of conduct. Each panel shall consist of a
chairperson, who manages the hearing, and a secretary, who prepares a record of
the proceedings. No staff member is permitted to sit as an RIB panel member who
wrote the report, witnessed the alleged rule violation, or participated in the
investigation of the alleged rule violation. A staff member assigned to an RIB
panel shall disqualify himself or herself from the panel if such a personal
interest exists. (C) Time of hearing, preliminary matters.
The hearing of the rule infraction shall be held within seven calendar days of
the referral to the RIB by the hearing officer, unless prevented by exceptional
circumstances, unavoidable delays or reasonable postponements. Delays beyond
seven calendar days should be documented in the record along with the reason
for the delay. Unless waived, the inmate shall be afforded twenty-four
hours' notice prior to the hearing. The RIB chairperson shall determine if
the twenty-four hour notice period has elapsed. If the required time has not
passed, and the inmate has not waived the time period, the chairperson must
postpone the hearing. Prior to the hearing, the RIB chairperson
shall: (1) If the inmate is in
restrictive housing, determine whether the hearing officer has provided the
relevant information from the inmate's restrictive housing placement
mental health assessments, (2) Determine whether the
person who issued the conduct report has indicated a desire to appear at the
hearing, (3) Make preliminary
rulings on any witness requests, and arrange for the presence of
witnesses, (4) Ensure staff
assistance as appropriate, (5) Ensure all necessary
forms are available and that electronic recording equipment is in working
order. (D) Hearing to be recorded: With the
exception of deliberations concerning guilt or the imposition of penalties, the
proceedings shall be recorded using suitable electronic means. The recording of
the proceedings shall commence upon the inmate's appearance before the RIB
panel. In addition to the electronic record, the record of the proceedings
shall also include any document, video, confidential information or other
evidence presented to the RIB, as well as any written requests, waivers and
statement summaries. (E) Commencing the hearing. The RIB
chairperson shall first identify the panel members and then ask the inmate to
identify himself or herself on the record. (1) The RIB chairperson
shall advise the inmate of the rule violation(s) and the nature of the behavior
described in the conduct report. (2) Plea. The RIB
chairperson shall then ask the inmate to admit or deny the rule
violation(s.) (a) If the inmate admits the rule violation, the chairperson
shall question the inmate regarding the voluntariness of the plea, the factual
basis for the plea, and the inmate's understanding of the
plea. (b) The chairperson shall accept the plea of admission unless the
chairperson finds that the facts do not support the plea, or that the
inmate's version of the facts do not support the plea, or that the inmate
does not understand the nature of the plea, the violation, or the proceedings.
In this event the chairperson shall enter a plea of denial on behalf of the
inmate. (c) If the chairperson accepts the inmate's plea of
admission, the RIB panel may then make a determination of guilt and proceed
with disposition of the violation. (d) If a violation is denied, the RIB panel shall provide the
inmate an opportunity to make a statement regarding the alleged
violation. (3) The RIB chairperson
shall review the inmate's request for witnesses and advise the inmate of
any preliminary determinations made regarding the requested witnesses. The RIB
chairperson may deny a witness request based on relevancy, redundancy,
unavailability, or security reasons. The RIB chairperson may modify a
preliminary ruling after discussion with the inmate. The RIB chairperson may
deny a request for a witness if a witness request form has not been
completed. (4) The RIB chairperson
shall postpone the hearing if the chairperson believes that the inmate is
demonstrating behavior indicative of serious mental illness and shall refer the
inmate to the institutional mental health staff for a mental health assessment.
The RIB hearing shall only be rescheduled in accordance with the recommendation
of mental health staff. (F) RIB hearing, witnesses. If a
violation is denied, the RIB panel may hear testimony from witnesses in
addition to any statement the charged inmate may make. (1) Witnesses (inmates
and staff members) shall be advised that they are subject to appropriate
discipline for presentation of false testimony. (2) The inmate charged
with the rule violation may not address or examine a witness, but may ask the
RIB chairperson to pose questions to the witness. (3) The inmate, or
representative number of inmates who made the accusation should, if security
considerations permit, appear before the RIB and be examined for the
record. (4) The charged inmate
may, in the discretion of the RIB, be excluded from the examination when
confrontation between the inmates may create a risk of disturbance or risk of
harm to the witness. (5) The charging official
shall appear if requested by the inmate, if the RIB has questions for the
official, or if the charging official requests to appear and speak at the
hearing. (6) The RIB panel may ask
questions of the witnesses or call additional witnesses as necessary. Witnesses
may appear in person, by telephone, or other electronic means. The RIB panel
may take testimony or receive evidence in any form or manner it deems
appropriate. (G) Confidential information. If the RIB
panel uses information from a confidential source in its determination, the
panel shall evaluate the credibility of the confidential source prior to
reaching a decision on the rule violation. The RIB shall also determine whether
the statement is confidential in its entirety or if any of the information can
be disclosed to the inmate charged with the violation without disclosing the
identity or jeopardizing the safety of the confidential source. The inmate
charged with the offense shall not be present when the RIB considers and
evaluates the confidential information. The panel shall record its evaluation
on the appropriate form. (H) The RIB members shall evaluate the
credibility of witnesses and the probative value of other evidence presented to
the RIB, including any available video evidence. The RIB may consider the
credibility of a witness, whether confidential or otherwise, on the basis of
common sense and a realistic assessment of the circumstances. In making these
assessments the RIB may consider variety of factors including, but not limited
to: (1) The appearance and
demeanor of the witness, (2) The witness's
disciplinary or criminal history, (3) Whether it is against
the witness's own interests to make the statement, (4) Whether or not the
witness has any ulterior motive in making the statement, (5) Whether other
evidence corroborates the statement, (6) Whether the witness
could have observed what is claimed, (7) Whether the witness
has previously provided reliable evidence, (8) Whether the witness
has a record or reputation for lying or honesty, (9) Whether the
witness's statements are consistent, (10) The amount of detail
provided, (11) The willingness of
the witness to appear and answer the questions of the rules infraction
board, (12) The professional
experience and judgment of the staff member evaluating the
witness. (I) Amendment to conform to the evidence:
The RIB panel may at any time prior to or during an RIB hearing, change the
designation of the rule or rules alleged to have been violated based on the
conduct report, or testimony or evidence presented at the RIB hearing. The
inmate shall be given timely notice of such a change. Such a change will be
made part of the record of the hearing and noted in the RIB panel's
disposition. If the change is made during the RIB hearing, the inmate may
request a reasonable continuance. If the continuance is granted, the RIB
hearing may recommence from the point of the continuance. (J) After taking testimony and receiving
evidence, the RIB panel shall vote and determine whether, based on the evidence
presented, they believe that a rule violation occurred, that the inmate
committed that violation, and if so, what disposition to impose. The RIB panel
may consider all information presented in reaching its determination including
any relevant mental health information from the inmate's restrictive
housing placement assessments and/or the inmate's mental health caseload
status. (1) No inmate may be
found to have violated a rule based solely on his or her past
conduct. (2) Past conduct may be
considered when determining issues such as credibility and intent; or in
considering suitable penalties. (K) Both panel members must concur in a
finding of guilt in order to find an inmate guilty of a rule violation and to
impose a disposition. In the event there are conflicting guilty and not guilty
votes, the tie shall be broken by a staff member designated by the managing
officer, who shall cast the deciding third vote. The managing officer's
designee shall vote only after reviewing the oral and written record of the
hearing. The managing officer's designee who casts a
deciding vote in an RIB proceeding shall not be the same designee performing
the administrative review and appeal review functions described in paragraphs
(N) and (O) of this rule. (L) Determination and disposition. If a finding of guilt is made
for a rule violation by the RIB panel, and subject to the administrative review
of the managing officer or designee, the RIB panel may impose the following
penalties: (1) Placement of the
inmate in restrictive housing as defined in rule 5120-9-10 of the
Administrative Code for one offense with credit for time served in any
pre-hearing detention. To place an inmate in restrictive housing, the RIB shall
provide a justification as to why placement in a limited privilege housing
assignment under paragraph (L)(2) is insufficient to manage the safety and
security requirements of the inmate. (2) Placement of the
inmate in a limited privilege housing assignment for up to ninety days for one
offense as defined in paragraph (B)(4) of rule 5120-9-09 of the Administrative
Code. (3) Recommend that the
inmate receive a security review or serious misconduct panel review, and/or
transfer to another general population institution. (4) Order the disposition
of contraband in accordance with rule 5120-9-55 of the Administrative
Code. (5) Recommend to the
managing officer that the inmate be required to make reasonable restitution, or
that his earnings be reduced pursuant to rule 5120-3-08 of the Administrative
Code. (6) Order that the inmate
lose earned credit that otherwise could have been awarded or may have been
previously earned as authorized by section 2967.193 of the Revised Code and
paragraph (R) of rule 5120-2-06 of the Administrative Code. (7) Order restrictions on
personal privileges following an inmate's abuse of such privileges or
facilities or when such action is deemed necessary by the managing officer for
the safety and security of the institution, or the well-being of the inmate.
Such restrictions shall continue only as long as it is reasonably
necessary. (8) Order such actions as
deemed appropriate, including assignment of extra work, and any dispositions
available to the hearing officer. (9) The RIB may
conditionally suspend the imposition of any penalty cited in this rule, on the
condition that the inmate have no further rule violations for a period of six
months from the date of the RIB disposition. If the inmate has no further
violations during the six-month period, the penalty shall be treated as a
reprimand. If the inmate violates the condition and is found guilty of a rule
violation, the suspended penalty shall be imposed in addition to any penalty
for the new violation. (M) Documentation of disposition: Upon completing its
deliberations, the RIB shall orally inform the inmate of its decision and
disposition, as part of the electronic record. The RIB secretary shall complete
a disposition form, which contains the determination made by the panel
regarding each rule violation, the factual basis of the determination, names of
witnesses, and any disposition imposed. (1) The form shall also
include whether the panel relied on confidential information in reaching its
determination and the panel's evaluation of the informant's
credibility. The form shall not contain the name of any confidential informant
or the nature of the confidential information. (2) The form shall also
include notice that the inmate may appeal the RIB panel's decision to the
managing officer and the procedure for such an appeal. (3) The form shall
notify the inmate that, if they are serving a sentence pursuant to section
2967.271 of the Revised Code, a finding of guilt may be used by the department
to rebut the presumption that the inmate will be released from service of their
sentence on the expiration of the minimum prison term or presumptive earned
early release date. (4) The completed
disposition form shall be furnished to the inmate no later than three business
days after the RIB panel reaches its decision. (5) The imposition of any penalty imposed
by the RIB panel shall not be stayed pending an appeal. (6) The person issuing the conduct report
shall be permitted to review the completed RIB disposition but shall not be
involved in the deliberations of the RIB. (7) For informational purposes a summary
or log of the RIB dispositions and activity for the week shall be available for
review by staff members and maintained in a location convenient for that
purpose. (N) Administrative review. The managing officer or designee shall
review RIB panel decisions to assure compliance with the procedures, rights and
obligations set forth in this rule. The managing officer or designee may
approve, modify or reject a panel's determination of guilt. The managing
officer or designee may not reject a determination of not guilty, but may refer
such a case back to the RIB panel for reconsideration if relevant information
was overlooked or new information becomes available. The managing officer or
designee may approve the penalty, or modify the penalty imposed from among the
penalties available to the RIB panel. The managing officer or designee may also
refer a case back to the RIB panel for reconsideration when procedural errors
have occurred within the case. The managing officer or designee shall provide
the inmate with written notification of the review findings. (O) Appeal of RIB decision to the managing officer. An inmate may
appeal the decision of the RIB panel by submitting the form designated for that
purpose to the managing officer or designee within seven calendar days from the
inmate's receipt of the RIB panel's disposition. The managing officer
or designee shall review the RIB determination within fourteen calendar days to
determine whether it was supported by sufficient evidence, whether there was
substantial compliance with applicable procedures, and whether the disposition
and any sanction imposed was proportionate to the rule violation. The managing officer or designee may affirm or
reverse the RIB panel's determination of guilt; and, may approve, or
modify the penalty imposed from among the penalties available to the RIB panel.
The managing officer or designee may also return the matter to the RIB panel
for reconsideration or rehearing to address procedural errors that may have
occurred within the case or to consider additional evidence. (P) Appeal of RIB decision to chief legal
counsel. An inmate may appeal the decision of the managing officer or designee
by submitting the form designated for that purpose to the chief legal counsel
within fourteen calendar days from the inmate's receipt of the managing
officer or designee's appeal decision. Chief legal counsel or designee
will review the RIB determination within fourteen calendar days of receipt of
the appeal to determine whether it was supported by sufficient evidence,
whether there was substantial compliance with applicable procedures, and
whether the disposition and any sanction imposed were proportionate to the rule
violation. The chief legal counsel or designee may affirm or
reverse the RIB panel's determination of guilt; and, may approve, or
modify the penalty imposed from among the penalties available to the RIB panel.
The chief legal counsel or designee may also return the matter to the RIB panel
for reconsideration or rehearing to address procedural errors that may have
occurred within the case or to consider additional evidence. (Q) Discretionary review: The director or the director's
designee may review any RIB decision that, in the view of the director or
designee, presents issues that may have significant impact on the operation of
the department. This paragraph does not provide an additional appeal for the
inmate above the appeal to the chief legal counsel.
Last updated April 15, 2024 at 8:29 AM
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Rule 5120-9-09 | Limited privilege housing assignments.
Effective:
February 11, 2017
(A) An inmate may be placed in and/or transferred to a limited privilege housing assignment: (1) When needed to facilitate an investigation for the issuance of a conduct report, other administrative action or criminal prosecution. (2) Pending a hearing before the RIB; (3) Pending transfer to another institution; (4) When the inmate has been found guilty through the processes set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code for any violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code; or, (5) When the inmate has increased in security to a new general population housing assignment, and the managing officer or designee has determined a need for an initial assessment and orientation period. (B) An inmate may be placed in a limited privilege housing assignment for the following periods: (1) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(1) of this rule, the inmate may be placed until such time that the investigation has been completed subject to the required extensions set forth in rule 5120-9-11 of the Administrative Code; (2) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(2) of this rule, the inmate may be placed for a time period no longer than seven business days unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Extensions beyond seven business days shall be documented in the record of the RIB along with the reason for the delay.. In the event the inmate is found guilty by the RIB of misconduct, any additional time frames will be set by paragraph (B)(4) of this rule; (3) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(3) of this rule, the inmate may be placed until such time that the transfer has been completed. The managing officer shall have discretion to house multiple security levels in limited privilege housing assignments when inmates are pending transfer; (4) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(4) of this rule, time limitations for placement shall be based upon the type and frequency of the hearings. (a) Hearing officers conducting disciplinary hearings under rule 5120-9-07 of the Administrative Code shall have the authority to place an inmate for the following time frames: (i) Up to seven calendar days for a first offense committed during an inmate's annual classification review period as set forth in rule 5120-9-53 of the Administrative Code. (ii) Up to fourteen calendar days for a second offense committed during an inmate's annual classification review period. (iii) Up to twenty-one calendar days for a third offense committed during an inmate's annual classification review period. (iv) For any further misconduct during an inmate's annual classification review period that the hearing officer determines a placement in a limited privilege housing assignment is necessary, the hearing officer shall refer the case to the RIB for a disciplinary hearing under rule 5120-9-08 of the Administrative Code. Nothing in this paragraph prevents a hearing officer from addressing minor misconduct with other available disciplinary sanctions listed in rule 5120-9-07 of the Administrative Code. (b) The RIB conducting disciplinary hearings under rule 5120-9-08 of the Administrative Code shall have the authority to place an inmate for up to ninety calendar days for a single violation or a series of violations arising out of a single event. The RIB may impose up to an additional ninety calendar days for any additional misconduct. (5) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(5) of this rule, the inmate may be initially retained in this status for up to ninety calendar days. After ninety calendar days, the inmate shall be reviewed by the institutional classification committee to determine if he or she should be reassigned or continued for a period from thirty to ninety calendar days. The managing officer or designee may require that the inmate complete programming and remain free of additional misconduct during the placement in a limited privilege housing assignment to become eligible for reassignment. (C) Nothing in this rule shall be construed to prohibit the managing officer or designee from referring an inmate to the institutional reclassification committee for consideration of a security level increase at any time. Inmates may not reduce in classification while placed in limited privilege housing assignments without approval from the chief of the bureau of classification and reception. (D) Nothing in this rule shall prohibit the managing officer or designee from releasing an inmate from a limited privilege housing assignment prior to the expiration of the sanction for exhibiting positive behavior. (E) Inmates placed in a limited privilege housing assignment shall receive, at a minimum, the following privileges: (1) Personal hygiene articles including, at a minimum, one ADA (American dental association) approved toothbrush, ADA approved toothpaste, ADA approved dental floss, feminine hygiene products for female inmates and soap, unless there is imminent danger that the inmate or any other inmate will destroy an item or induce self-injury. Personally owned deodorant, shampoo, soap, toothpaste, floss, and hairbrush/comb shall be permitted. (2) Stationery supplies including a reasonable amount of ink pens and pencils, legal pads/paper, twenty-five personally owned envelopes, one legal kit, one address book, a reasonable amount of greeting cards, and one personally owned deck of playing cards. (3) Mail and kite privileges on the same basis as inmates in general population. (4) A reasonable amount of personally owned soft cover books, religious books, personally owned law books/materials, one current newspaper and magazine by subscription only. (5) Access to legal materials and services. (6) Access to medical and/or mental health services, including prescribed medications and medically necessary appliances and supplies. Inmates shall have access to care and treatment consistent with their treatment plan. (7) Adequate food. At the discretion of the managing officer or designee, meals may be served in the unit outside of the cell or in the inmate dining hall. Meals shall be the same as those served to the general population. (8) Access to basic necessities to include toilet, wash basin, hot and cold running water, bunk, mattress, sheets, pillow and blanket (depending on weather conditions). (9) More than two hours of out of cell time per day, no less than seven days per week, which shall include the opportunity for a minimum of one hour of exercise per day outside of the cell at indoor and/or outside recreation as facility design, security, and safety considerations permit. (10) The opportunity to shower and shave no less than seven times per week. (11) Access to current administrative rules, also known as "ARs," 5120-9 series and access to authorized departmental policies. (F) Restrictions on personal privileges may be ordered through the disciplinary processes set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer or designee for the safety or security of the institution or the well-being of the inmate. Such restrictions shall continue only as long as is reasonably necessary. In no event shall access to kite, medical, mental health, or legal services be denied.
Last updated March 24, 2023 at 10:43 AM
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Rule 5120-9-10 | Restrictive housing assignments.
Effective:
January 9, 2020
(A) As used in this rule and rules
5120-9-08 and 5120-9-11 of the Administrative Code: "Restrictive housing" means a housing placement that
requires an inmate to be confined to a cell at least twenty-two hours per
day. (B) An inmate may be placed in and/or
transferred to a restrictive housing assignment: (1) When needed to
facilitate an investigation prior to the issuance of a conduct report, other
administrative action or criminal prosecution; (2) Pending a hearing
before the RIB; (3) Pending transfer to
another institution; or, (4) When the inmate has
been found guilty through the processes set forth in rule 5120-9-08 of the
Administrative Code for any violation of the inmate rules of conduct set forth
in rule 5120-9-06 of the Administrative Code. (C) To place an inmate in a restrictive
housing placement under paragraph (B) of this rule, justification shall be
provided as to why a limited privilege housing assignment under rule 5120-9-09
of the Administrative Code is insufficient to manage the safety and security
requirements of the inmate. (D) An inmate may be placed in a
restrictive housing assignment for the following time periods: (1) In the case of an
inmate placed in a restrictive housing assignment under paragraph (B)(1) of
this rule, the inmate may be placed until such time that the investigation has
been completed subject to the required extensions set forth in rule 5120-9-11
of the Administrative Code; (2) In the case of an
inmate placed in a restrictive housing assignment under paragraph (B)(2) of
this rule, the inmate may be placed for a time period no longer than seven
calendar days for an RIB hearing unless prevented by exceptional circumstances,
unavoidable delays or reasonable postponements. Extensions beyond seven
calendar days shall be documented in the record of the RIB along with the
reason for the delay. No extension shall exceed twenty-nine calendar days. In
the event the inmate is found guilty by the RIB of misconduct, any additional
time frames will be set by paragraph (B)(4) of this rule. (3) In the case of an
inmate placed in a restrictive housing assignment under paragraph (B)(3) of
this rule, the inmate may be placed until such time that the transfer has been
completed; (E) Nothing in paragraph (B) of this rule
shall be construed to prohibit the managing officer or designee from referring
an inmate to the institutional reclassification committee or serious misconduct
panel at any time. (F) The managing officer or designee
shall retain the discretion to release an inmate from a restrictive housing
assignment or to modify the placement to a limited privilege housing assignment
at any time for positive behavior or if the security needs of the inmate
change. (G) An inmate shall not be placed in a restrictive housing
assignment on the basis of gender identity alone. (H) Inmates placed in restrictive housing placements shall
receive the following cell privileges: (1) Access to legal
material and services; (2) Access to reading
materials; (3) Mail and kite
privileges; (4) Opportunity for
recreation exercise, outside of the cell, no less than one hour per day, five
days per week; (5) Opportunity to shower
and shave no less than five times per week; (6) Personal hygiene
articles, including, at minimum, a toothbrush, toothpaste, deodorant, feminine
hygiene products for female inmates and soap; (7) Access to hair care
services; (8) Cell furnishings to
include a toilet, wash basin, running water, bunk, mattress, pillow, and sheets
and blankets adequate for current weather conditions; (9) Adequate state-issued
clothing and apparel; (10) Personal shower
shoes; (11) Adequate light for
reading; (12) Access to medical
services and/or mental health services as needed; (13) Adequate
food; (14) Access to
administrative rules in Chapter 5120-9 of the Administrative Code; (15) Access to approved
department policies; (16) Visits by authorized
department staff; (17) Access to telephone
privileges at a minimum to access the judicial process and family emergencies
as determined by the managing officer or designee unless security or safety
considerations dictate otherwise; (18) Access to cleaning
articles for cell sanitation, as approved by the managing officer or
designee; (19) Access to
educational services, commissary services, library services, social services,
behavioral health and treatment services, religious guidance and recreational
programs. (I) Abuse of cell privileges may be dealt with summarily by
the staff member on duty in restrictive housing (except that in no event shall
access to kite, medical, mental health, or legal services be denied). This
action shall then be reported by such staff member to his superior for review
and approval. This action shall also be reported in writing to the responsible
chief of security. The responsible chief security officer shall forward to the
managing officer a weekly list of those inmates in restrictive housing who have
had cell privileges denied, the length of time denied, and the reasons
therefore. (J) The hearing officer or RIB may order restrictions on
personal privileges following an inmate's abuse of such privileges or
facilities or when such action is deemed necessary by the managing officer for
the safety or security of the institution, or the well-being of the inmate. In
no event shall access to kite, medical, mental health, or legal services be
denied. Such restrictions shall continue only as long as is reasonably
necessary. (K) Any denial of cell privileges shall be reported in
writing to the responsible chief of security, who shall be responsible for
submitting a weekly report to the managing officer of those inmates who have
been denied cell privileges, the specific privileges denied, length of time the
privilege was denied, and reasons therefore.
Last updated March 24, 2023 at 10:43 AM
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Rule 5120-9-11 | Placement in a limited privilege or restrictive housing assignment pending investigation.
Effective:
January 9, 2020
(A) Subject to the time frames set forth
in this rule, an inmate may be placed in a limited privilege housing assignment
or a restrictive housing assignment to facilitate an investigation for the
issuance of a conduct report, other administrative action or criminal
prosecution. (B) Placements shall not be in a
restrictive housing assignment unless the inmate poses a threat or danger to
himself or others, to institutional property or to the security of the
institution, and a limited privilege housing assignment is not sufficient to
control the risks presented. (C) An initial placement into a
restrictive housing assignment must be approved, denied or modified in writing
within twenty-four hours by an appropriate and higher authority not included in
the initial placement designated by the responsible managing officer, who may
extend the time of placement as set forth in paragraph (D)(1) of this
rule. (D) An inmate may be held in a limited privilege or restrictive
housing assignment pursuant to an investigation for the following
periods: (1) The initial placement
into a limited privilege housing assignment under paragraph (A) of this rule
may continue for seven calendar days from the date of placement without need
for additional approval. The initial approval of placement in a restrictive
housing assignment in paragraph (C) of this rule may be continued for seven
calendar days from the date of approval by the appropriate and higher authority
appointed by the responsible managing officer. (2) If the investigation
has not concluded at the end of the initial seven calendar day period, the
managing officer may authorize that the inmate be held in the same housing
status for an additional seven days. This authorization shall be in writing
with a copy sent to the appropriate regional director. (3) If the investigation
is not completed within this fourteen calendar day period, the managing officer
may request that the regional director approve retaining the inmate in the same
housing status for an additional seven calendar days. (4) After twenty-one
calendar days, upon the managing officer's request, the director or
director's designee may authorize holding an inmate in the same housing
status for investigative purposes until the completion of the investigation
when, (a) The matter under investigation involves the commission or
possible commission of a felony, (b) The investigation cannot be completed within twenty-one
calendar days, and, (c) Releasing the inmate to general population would jeopardize
the safety of the inmate or any other individual, the successful completion of
the investigation, or the security of the institution. The decision of the director or the
director's designee shall be in writing and shall state the anticipated
duration of the extension and the reason therefore. The extension may be
renewed so long as the conditions described in this rule continue to
exist. (E) For placements in restrictive housing that are extended
beyond twenty-one days, the director or director's designee shall consult
with managing officer to determine whether the inmate could be managed in a
limited privilege housing assignment pending the completion of the
investigation. If the placement in a restrictive housing assignment is
continued, the director or the director's designee shall document the
reasons for the continuation. (F) For placements in restrictive housing that are extended
beyond twenty-one days, the director or director's designee shall consult
with the managing officer to ensure that the inmate is not seriously mentally
ill. In the event the inmate is seriously mentally ill, the managing officer
shall make other arrangements to manage an inmate in limited privilege housing,
an appropriate mental health unit or other appropriate placement that is not a
restrictive housing assignment pending the completion of the
investigation. (G) In the event an inmate is charged with misconduct and given a
disciplinary sanction under rule 5120-9-07 or 5120-9-08 of the Administrative
Code, the inmate shall be given credit for time served in an investigation
status under this rule.
Last updated March 24, 2023 at 10:43 AM
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Rule 5120-9-11.1 | Lockdown.
(A) The managing officer of a
correctional institution may designate all or a portion of an institution to be
placed in lockdown status. Such status expires after twenty-four hours unless
approved and extended by the director or designee. (B) Lockdown status may be created
whenever normal institutional operations are interrupted by exigent
circumstances. (C) The level of services provided to
inmates in lockdown status is established by the director or designee, in
consultation with the managing officer, according to the nature of the
circumstances. (D) If lockdown status is extended then
it continues until the director or designee, in consultation with the managing
officer, determines either another status is appropriate or the exigent
circumstances are concluded.
Last updated May 31, 2024 at 6:53 AM
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Rule 5120-9-12 | Inmates sentenced to death.
(A) All inmates sentenced to death under
Ohio law shall be confined in one or more institutions designated by the
director of the department of rehabilitation and correction as set forth in
this rule. Such inmates may be assigned to an area of the institution to be
designated by the managing officer, which area will be known as "death
row." (B) Absent significant extenuating
circumstances, no inmate will be assigned to or housed in death row unless that
inmate has been sentenced to death. If any inmate is assigned to or housed in
death row that has not been sentenced to death, the respective regional
director will be notified and his or her approval is required. (C) The director or his designee may
assign or reassign an inmate who has been sentenced to death to a security
classification or special management status other than that which is normally
used for such inmates, based on the security or medical and mental health
requirements for the inmate. The inmate so assigned will receive the privileges
and programming that are appropriate for the other security or management
status, notwithstanding paragraph (D) of this rule. (D) Inmates who are sentenced to death
and who have not been reassigned to some other status will receive the
following minimum cell privileges: (1) Personal hygiene
articles; (2) Mail and kite
privileges; (3) Access to legal
materials and services, including legal kit; (4) Access to cleaning
articles for cell sanitation as approved by the warden or his
designee; (5) Visits by department
staff; (6) Adequate
food; (7) Access to current
rules of the ohio administrative code, also known as "ARs," 5120-9
series; (8) Cell furnishings to
include toilet, wash basin, running water, mattress, sheets, blanket (depending
on weather conditions); (9) Access to medical
services as required by their medical condition; (10) Regular assessment
of their mental health condition by the bureau of behaviorial health services
and access to such services as required by their mental health
condition; (11) Institution
coveralls or clothing, underwear, and footwear; (12) Adequate lighting
for reading; (13) Five hours of
recreation per week; (14) Opportunity to
shower and shave five times per week; (15) One non-contact
visit per visitor, per month; and (16) Limited commissary
purchases. Abuse of any privileges may lead to their
restriction or denial by the manager of the death row unit or major of the
institution. When an inmate is deprived of any authorized item or activity, a
report of action is filed in the appropriate inmate's file and forwarded
to the security chief, the deputy warden of operations and the managing
officer. (E) Any death row inmate leaving or
entering death row shall be thoroughly searched and escorted to and from his
destination.
Last updated May 31, 2024 at 6:53 AM
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Rule 5120-9-16 | News media visits.
(A) It is the policy of the department of
rehabilitation and correction to permit visits by representatives of the news
media to correctional institutions, when approved by the managing officer of
the particular institution or his designee. (B) The managing officer or his designee
may place reasonable restrictions on the number of reporters allowed in the
institution at any one time and on the duration of their visits. (C) Arrangements for the use of
photographic, recording or broadcast equipment or for interviews will be made
in advance. (1) Pictures or recorded
interviews of specific inmates may be taken only after securing clearance from
the managing officer or his designee and only after the inmate to be
photographed has expressed his approval by signing the inmate consent
form. (2) The managing officer
or his designee may place reasonable restrictions on the frequency, length, and
starting time of personal interviews. The institution will visually monitor
such interviews to assure the reporters' safety. (D) If an institution is placed under a
state of emergency, representatives of the news media will be allowed access
only to those areas that are designated by the managing officer or his
designee. During the existence of a state of emergency, the director or his
designee will inform the news media of the situation within the institution as
releasable information becomes available.
Last updated May 31, 2024 at 6:54 AM
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Rule 5120-9-17 | Incoming mail.
(A) Mail in the form of first class
letters or electronic mail addressed to an inmate shall not be withheld except
as provided in this rule. There shall be no limitation on the number of first
class letters that an inmate may receive nor the number of persons with whom an
inmate may correspond. (B) Inspection of incoming
mail: (1) All mail, including
electronic mail, other than legal mail, shall be opened and may be read or
copied in the institution mail office and inspected for the presence of
contraband, unauthorized forms of funds, and other threats to the security and
safety of the institution. The written portion of the mail shall then be
promptly delivered to the inmate, unless withheld in accordance with paragraph
(G) of this rule. (2) "Legal
mail" is mail addressed to an inmate clearly bearing the return address of
an attorney-at-law, a public service law office, a law school legal clinic,
court of law, or the correctional institution inspection committee that is
marked with a valid control number provided by the department. It may be opened
and inspected for contraband only in the presence of the inmate-addressee.
"Legal mail" does not include postcards from a court of law that
indicates fees and/or fines owed by the inmate-addressee. If mail is received
from any of the groups listed in this paragraph without a valid control number,
then it may be treated as a regular, non-legal mail, as set forth in paragraph
(B)(1) of this rule. (3) Electronic mail is
offered to inmates as an additional means of communication. Electronic mail
received is not suitable for confidential legal communications or legal mail.
Inmates shall be instructed not to use electronic mail for confidential legal
communications. "Legal mail" shall be restricted to the traditional
mail format. Electronic mail cannot be accepted while an inmate is in special
management housing. (C) The managing officer or his designee
shall determine the disposition of contraband pursuant to rule 5120-9-55 of the
Administrative Code. The contraband may be returned to the sender, confiscated
as evidence, held for the benefit of the inmate-addressee, or otherwise
disposed of in a manner consistent with the law. (D) All funds mailed to inmates shall be
processed in accordance with rule 5120-5-02 of the Administrative
Code. (E) A letter or electronic message that
is incorrectly addressed may be returned to the sender after a reasonable
effort to ascertain the identity of the addressee has failed. (F) Telegrams and electronic mail may be
reviewed prior to delivery. (G) Mail, including electronic mail, that
presents a threat to the security and safety of the institution, its staff or
inmates, may be withheld from the inmate-addressee. No material or
correspondence will be considered to present such a threat solely on the basis
of its appeal to a particular ethnic, political, racial or religious group. To
constitute such a threat, the correspondence must meet at least one of the
following criteria: (1) The correspondence
incites, aids, or abets criminal activity or violations of departmental rules,
such as, but not limited to, rioting, extortion, illegal drug use or conveyance
of contraband. (2) The correspondence
incites, aids, or abets physical violence against others, such as, but not
limited to, instructions in making, using, or converting weapons. (3) The correspondence
incites, aids, or abets escapes, such as, but not limited to, instructions on
picking locks or digging tunnels. (4) The correspondence is
in code or cipher. (H) Procedures for withholding
correspondence are as follows: (1) The initial decision
to withhold the correspondence will be made by the officer charged with
inspecting it, with the concurrence of the mail room supervisor. (2) The inmate-addressee
and the author of the correspondence will be notified, in writing, that the
correspondence was withheld. The notification will: (a) Identify the inmate-addressee by name and
number. (b) Identify the author by name and address. (c) Include a description of the correspondence by date or
otherwise. (d) Include a brief statement of the reason the correspondence is
being withheld. (e) Inform the author of the procedure for appeal, including the
time for appeal. (f) Identify the person to whom the decision to withhold the
correspondence is to be appealed. (3) The notification will
be sent to the author and the inmate-addressee within seven calendar days of
the decision to withhold, unless the managing officer determines that the
notification will interfere with the conduct of a pending
investigation. (4) Decisions to withhold
mail, including electronic mail, may be appealed in writing by the author to
the managing officer or his designee within fifteen calendar days of the date
of the mailing of the notification. The appeal should explain why the
correspondence does not present a threat to the security and safety of the
institution, its staff or inmates. (5) The written appeal
and the correspondence will be considered by the managing officer or designee
who shall determine whether the correspondence will be withheld or delivered to
the inmate. (6) Any correspondence
withheld from an inmate-addressee will be retained during the pendency of the
appeal or for the time in which an appeal may be filed. (7) If it is determined
on appeal that the correspondence does not present a threat to the safety and
security of the institution, its staff or inmates, the correspondence will be
immediately delivered to the inmate-addressee. (8) If it is determined
on appeal that the correspondence presents a threat to the safety and security
of the institution, its staff or inmates, or, if no appeal is taken, the mail
may be returned to the author, held as evidence for criminal prosecution or a
disciplinary proceeding, or destroyed. (I) Mail, including printed electronic
mail, in the possession of an inmate may, when approved by the managing officer
or his designee, be seized, read, and copied where a reasonable belief exists
that it may contain evidence of a violation of federal or state law or
departmental rules. If a staff member reasonably believes there is a present
risk of destruction of such mail, it may be seized and forwarded to the
managing officer or his designee for review. (J) Advertising mail, commonly known as
"junk mail" and advertising in the form of electronic mail, commonly
known as "spam," which include, but are not necessarily limited to
promotional offers, drawings, sweepstakes, lotteries and other promotional
campaigns, which proposes a commercial transaction and which taken as a whole,
is not a personal communication uniquely composed for a specific individual,
may be withheld from the addressee. Junk mail may be returned to the sender if
return postage is guaranteed, or it may be destroyed at the institution if not.
No notice or other process need be provided to the addressee or the addresser
in such circumstances, any other provision in this or any other rule of the
Administrative Code notwithstanding. The only exception to this paragraph shall
be for catalogues for mail-order purchases, as approved by the office of
prisons, provided that the contents of the catalogue are subject to the
screening criteria for printed materials in rule 5120-9-19 of the
Administrative Code.
Last updated May 2, 2022 at 9:59 AM
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Rule 5120-9-19 | Printed materials.
Effective:
February 7, 2020
(A) As used in this rule:, (1) "Printed
materials" means any publication, document or record including, but not
limited to, the following: Newspapers, magazines, pamphlets, books,
photographs, and drawings. Printed materials may be new or used. (a) For purposes of this rule, the term "printed
materials" does not include either personal letters; or (b) Advertising mail as described in paragraph (J) of rule
5120-9-17 of the Administrative Code. (2) "Operations support center
publications screening committee (PSC)" means a group consisting of at
least four reviewers, with at least one of the reviewers being from each of the
following offices: (a) The office of prisons, (b) The office of the chief inspector (c) The division of legal services, and (d) The Ohio central school system (B) An inmate may receive a reasonable
number of printed materials subject to the following limitations: (1) All printed materials
are subject to security inspection and review. (2) Printed materials may
be received in reasonable quantities; but only, directly from a publisher or
distributor. Inmates may receive printed materials from other sources (e.g.,
family, friends, etc.) only with the prior approval of the managing officer or
designee. (3) An inmate may not
receive or possess videotapes, compact discs, computer discs, or material in
any other form or medium not otherwise authorized by this rule without prior
approval from the managing officer or designee. (4) Each institution may
establish and post regulations setting a maximum quantity of printed material
which an inmate may possess. (5) No printed material
shall be excluded solely on the basis of its appeal to a particular race,
color, religion, sex, sexual orientation, military status, national origin,
disability, age or ancestry audience. (6) If any part of a
publication or other printed material is determined to be excludable under this
rule, then the entire publication or other printed material shall be excluded.
Each edition or issue of a periodical must be examined. No general ban of
periodicals shall be authorized. (C) Printed material is excludable if it
is deemed to be detrimental to, or to pose a threat to the rehabilitation of
inmates; the security of the institution; or, the good order or discipline of
the institution. Examples of such material include, but are not limited to
printed material: (1) Which facilitates,
encourages, incites, promotes, or instructs in, criminal activity such as
rioting or illegal drug use. (2) Which depicts,
encourages, incites, or describes activities which may lead to, the use of
physical violence against others. (3) Which depicts,
describes the procedures for, or instructs in the making, using, or concealing
of weapons. (4) Which depicts,
encourages, or describes methods of, escape, such as instruction in picking
locks or digging tunnels. (5) Which appears to be
written in cipher or code, or that instructs in the use of cipher or
code. (6) Which is sexually
explicit material that by its nature or content poses a threat to the
rehabilitation of inmates, the security, good order, or discipline of the
institution, or facilitates, or encourages criminal activity. Sexually explicit
material includes material which: (a) Depicts genitalia in a state of arousal, such as male
erection, or exposure of the clitoris; or, (b) Depicts sexual activity including, but not limited to:
fellatio, cunnilingus, masturbation, ejaculation, anal or vaginal sexual
intercourse or penetration, or manual stimulation of genitalia;
or, (c) Depicts or graphically describes sexual activity involving
children; or, (d) Depicts or graphically describes sexual activity involving
sadism, sadomasochism, bondage, or bestiality, or excretory functions;
or, (e) Depicts or graphically describes sexual activity which
involves an unwilling participant or in which a participant is the subject of
coercion; or, (f) As used herein, "graphically describe" means to
describe a subject in a lurid manner focusing attention of such subject as the
primary topic of the printed material. (D) All printed material is subject to
the following screening procedure: (1) Initially, printed
material shall be screened in the institution mail office. (2) The mail office
supervisor shall forward to the managing officer, or the managing
officer's designee, any printed material which is reasonably believed to
be excludable under the provisions of this rule. (3) As soon as
practicable, the managing officer, or the managing officer's designee,
shall review the forwarded printed material and shall decide whether the
printed material may be permitted into the institution or should be excluded
under the provisions of this rule. (4) If the managing
officer or the managing officer's designee, determines that the material
may be permitted into the institution, then the material shall be promptly
forwarded to the inmate. (5) If the managing
officer, or the managing officer's designee, determines that the material
should be excluded from the institution, this decision shall be promptly
forwarded to the inmate in writing. (6) The written decision
shall provide a brief explanation of the reasons for excluding the printed
material. The explanation shall be sufficient to inform the inmate of the basis
for the decision. (7) The written decision
shall also advise the inmate that he/she can either make an appropriate
disposition of the printed material in accordance with paragraph (M) of this
rule or request review by the PSC. (8) The managing officer
or designee shall maintain a record of such decisions for at least three
years. (E) The inmate may request that the PSC
review the managing officer's decision. The inmate shall make this request
in writing and shall state any specific objections he/she has to the managing
officer's decision. (1) The inmate shall
forward this request to the managing officer or the managing officer's
designee, within fifteen days after receiving the managing officer's
decision. (2) Failure to timely
request review of the managing officer's decision shall constitute
acceptance of that decision and the printed material shall be disposed of in
accordance with paragraph (M) of this rule. (F) If the inmate timely requests review
by the PSC, the managing officer or designee shall forward the printed
material, together with the notice and written decision concerning it, and any
written objections submitted by the inmate, to the PSC. (G) The PSC shall consider the institution's reasons
for excluding the material, the inmate's objections, and the criteria and
standards set forth in this rule in conducting its review of the material.
Printed materials can only be excluded if at least three members of the PSC
agree that exclusion is appropriate. The PSC shall complete its review within a
reasonable time and shall determine whether the material should be excluded or
permitted and shall state the basis for that decision. (H) If the PSC, determines that the printed material should
be permitted, then that decision and its basis, shall be forwarded in writing
to the managing officer or designee of the challenging institution, and the
reviewed printed materials shall be promptly forwarded to the inmate requesting
the review, through the managing officer or the managing officer's
designee. (I) If the PSC, determines that the printed material should
be excluded, that decision and the reasons therefore, shall be forwarded in
writing to the managing officer or designee of the challenging institution
along with the reviewed printed material. The managing officer or managing
officer's designee shall notify the inmate requesting the review in
writing of the decision and the basis. (J) (K) The director or the director's designee, the
regional directors, the managing officer or the managing officer's
designee may initiate a review by the PSC of any printed material for a
determination whether the material should be excluded consistent with the
provisions and procedures of this rule. (L) Disqualfication of a publisher or
distributor: DRC may prohibit all printed materials from a specific publisher
or distributor if the printed materials or associated packaging is repeatedly
found to contain contraband or if any single printed materials package is found
to contain signficant contraband. (M) Printed material which is excluded
pursuant to this rule may be disposed of in any of the following
manners: (1) Upon the
inmate's written request, the property may be destroyed or forwarded to an
approved visitor at the inmate's expense. (2) The property may be
returned to the sender. (3) The property may be
held as evidence. (4) The property may be
disposed of in accordance with rule 5120-9-55 of the Administrative
Code.
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Rule 5120-9-20 | Visits by attorneys and inmate access to legal services.
Effective:
January 9, 2020
(A) Attorney visits (1) Attorneys of record may visit
inmates during regular visiting hours. Where there is no evidence of an
attorney of record or when an attorney other than the attorney of record
requests visiting privileges, the attorney must provide a copy of a written
statement, redacting any confidential or privileged information, from the
inmate or a member of the inmate's family requesting his legal services.
An attorney wishing to visit may be required to furnish proof that he is
licensed to practice law. (2) When an attorney requests to
visit with his clients on weekends or after regular visiting hours, at least
one-day, advanced notice to the managing officer shall be made by such
attorney. In the event an attorney is present at an institution and desires
additional time (beyond regular visiting hours) to visit with his client(s),
the attorney shall request such additional time from the managing officer. Such
request shall be made within a reasonable time prior to the expiration of
regular visiting hours. Such requests shall be liberally granted when the
attorney can show sufficient reason why such visits are necessary. (3) Law students, legal interns or
legal investigators must be under the direct supervision of an attorney who
shall be responsible for the activities of such person. Before admission to the
institution is granted, that person must produce a written statement containing
all of the following information: (a) Name of the student, intern or
investigator. (b) Name of the law school or
program, if applicable. (c) Name and address of the
supervising attorney. (d) Name of the inmate-client to be
interviewed. (4) Visits by attorneys, law
students, legal interns, and legal investigators may be partially curtailed or
totally banned during the existence of a critical incident as determined by the
managing officer. However, the managing officer may, if security permits,
authorize visits by attorneys during a critical incident in the following
situations: (a) A personal interview of the
inmate is absolutely necessary because of a rapidly approaching court date for
which a continuance cannot be obtained. (b) Legal aid is necessitated by the
conditions which caused the critical incident. (5) Visits by attorneys will take
place in a room designated for that purpose, subject to being visually
monitored, but conversations shall not be monitored. (6) An attorney of record may be
permitted to visit up to three inmate-clients at one time, unless it is the
opinion of the managing officer that such visit would be inappropriate due to
an existing situation at the institution. In such event, the attorney shall be
so notified and other arrangements made. (7) Where an attorney requests to
visit with a large number of inmates (e.g., cell-block or dormitory) who he
does not explicitly represent, and who he does not name individually, the
attorney shall be requested to submit in writing the names of those persons he
wishes to meet. If the attorney is unable to produce the names of such inmates,
he shall be given a reasonable amount of time to gather such information.
Subsequent to the receipt of such names, a staff member shall contact each
inmate so named and inform him of the presence of the attorney and of the
attorney's request to visit with him. The inmate shall be asked if he
desires to meet with the attorney. If the inmate declines, the inmate shall be
asked to sign a statement to that effect and it shall be witnessed by a staff
member. Under no circumstances shall an inmate be harassed, intimidated or in
any manner influenced with regard to such a request. Any document so executed
shall be immediately forwarded to the managing officer who shall forthwith have
it placed in the inmate's file. The attorney shall also be shown this
document upon request. (B) Inmate access to legal
services (1) It is the policy of the
department of rehabilitation and correction to permit inmates reasonable access
to legal materials and a reasonable opportunity to prepare legal
documents. (2) Inmates in restrictive housing,
limited privilege housing or protective control shall be afforded the same
access to legal materials as those in general population, except that they may
not go to the law library. In the event an inmate is not permitted access to
the law library premises, legal materials shall be provided to the inmate on a
reasonable basis. Such inmates may have such assistance from other inmates as
is authorized by the managing officer. (3) Each institution shall establish
a schedule of library hours when legal materials can be used. Where possible,
evening and weekend hours shall be provided. (4) An inmate shall be permitted to
purchase law books unless there is a compelling reason why he should not be
able to do so. (5) Inmates shall be permitted to
assist each other in the preparation of legal documents. However, it shall be a
violation of institutional rules for an inmate to charge a fee of any kind for
such services. (6) Inmates shall be permitted
reasonable access to typewriters or may be assigned an inmate-clerk for the
typing preparation of legal documents. (7) Inmates shall be permitted to
contact attorneys to secure legal representation. The payment of attorney fees
is a matter between attorney and client. Inmates who want to make confidential
attorney-client telephone calls should make such requests to the managing
officer or designee. (8) Each institution shall make
available to its inmates a legal kit which shall be sold through the
commissary.
Last updated March 24, 2023 at 10:44 AM
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Rule 5120-9-21 | Interinstitutional transfer of inmates.
(A) Inmates may be transferred from one prison to another for purposes of providing additional programming and or services, to facilitate visitation or any other legitimate penological reason, including the secure and orderly operation of the prisons. (B) A transfer may be initiated by the institution, the administration or by the inmate by request. An inmate requesting a transfer shall submit the request to the unit staff on a form designated for that purpose. The staff member may interview the inmate to obtain more information regarding the reasons for the request and review available information to determine if the inmate's request is reasonable. The staff member may deny the request or refer the request to the classification committee. If the inmate's request is denied by the staff member, the inmate shall be provided with a written explanation for the decision. In all cases documentation shall be maintained of the inmate's request and the response. A request or recommendation for transfer by the rules infraction board or any authorized member of the institutional staff shall be referred to the classification committee. (C) When a transfer request is referred to the classification committee, the committee shall conduct a review and otherwise follow the procedures set forth in rule 5120-9-53 of the Administrative Code. In addition, the inmate may appeal the warden's recommendation to the bureau of classification. Implementation of any decision shall not be stayed pending appeal. (D) If the warden approves a transfer recommendation the warden shall have the written summary of the classification committee's review, including any written statements or appeals submitted by the inmate forwarded to the bureau of classification. The bureau of classification shall review all relevant documentation, including any additional documentation requested, and make the final decision as to whether a transfer is appropriate and if so, to what institution the inmate should be transferred. The inmate and warden shall be so notified. The inmate to be transferred shall be given at least twenty-four hours notice prior to the transfer, however no inmate shall be advised of the exact date or time the transfer is scheduled. (E) The administrative procedures set forth in this rule and rule 5120-9-53 of the Administrative Code shall not be applicable to the following circumstances. In such cases, individual notice is not required. The director or designee shall provide such notice as is deemed reasonable under the circumstances. (1) Transfers necessitated by medical or mental health requirements. (2) Situations where an institution is closed in part or whole, or its function is materially altered, resulting in the need to transfer inmates. (3) Where an emergency situation exists at an institution as determined by the warden and the director or designee, and it becomes necessary for inmate to be immediately transferred from the institution to another institution. (4) Transfers of particular groups, classes or other populations of inmates when required by the interests of the department as determined by the director or designee. (5) When an inmate, individually or in concert with others, has engaged in violent, assaultive, or predatory behavior such that his/her immediate removal from the institution is deemed by the warden and the regional director to be an appropriate step to preserve the orderly operation of the institution and/or the safety of its staff and inmates. (F) As it relates to paragraph (A) of this rule, in situations where the warden, upon the recommendation of a licensed physician, psychiatrist, or psychologist, determines that an inmate is in need of closer psychological or medical care of supervision than can be offered in the general population of the parent institution, the warden or designee shall contact the intended receiving institution to determine the availability and appropriateness of treatment prior to submitting the transfer request. The warden or designee may then request the chief of the bureau of classification to place such inmate in an appropriate alternative housing assignment in an appropriate institution.
Last updated March 24, 2023 at 10:45 AM
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Rule 5120-9-21.1 | Transfer of prisoner to inpatient mental health facility.
Effective:
October 19, 2019
(A) As used in this rule: (1) "Mental
illness" means a substantial disorder of thought, mood, perception,
orientation, or memory that grossly impairs judgment, behavior, capacity to
recognize reality, or ability to meet the ordinary demands of
life. (2) "Mentally ill
person subject to hospitalization" means a mentally ill person to whom any
of the following applies because of the person's mental
illness: (a) The person represents a substantial risk of physical harm to
the person as manifested by the evidence of threats of, or attempts at, suicide
or serious self-inflicted bodily harm. (b) The person represents a substantial risk of physical harm to
others as manifested by evidence of recent homicidal or other violent behavior,
evidence of recent threats that place another in reasonable fear of violent
behavior and serious physical harm, or other evidence of present
dangerousness. (c) The person represents a substantial and immediate risk of
serious physical impairment or injury to the person as manifested by evidence
that the person is unable to provide for and is not providing for the
person's basic physical needs because of the person's mental illness
and that appropriate provision for those needs cannot be made immediately
available in the correctional institution in which the inmate is currently
housed. (d) The person would benefit from treatment in a hospital for the
person's mental illness and is in need of treatment in a hospital as
manifested by evidence of behavior that creates a grave and imminent risk to
substantial rights of others or the person. (3) "Psychiatric
hospital" means all or part of a facility that is operated and managed by
the department of mental health and addiction services to provide psychiatric
hospitalization services in accordance with the requirements of this rule
pursuant to an agreement between the directors of rehabilitation and correction
and mental health and addiction services or, is licensed by the department of
mental health and addiction services pursuant to section 5119.33 of the Revised
Code as a psychiatric hospital and is accredited by a health care accrediting
organization approved by the department of mental health and addiction services
and the psychiatric hospital is any of the following: (a) Operated and managed by the department of rehabilitation and
correction within a facility that is operated by the department of
rehabilitation and correction; (b) Operated and managed by a contractor for the department of
rehabilitation and correction within a facility that is operated by the
department of rehabilitation and correction; (c) Operated and managed in the community by an entity that has
contracted with the department of rehabilitation and correction to provide
psychiatric hospitalization services in accordance with the requirements of
this rule. (4) "Inmate
patient" means an inmate who is admitted to a psychiatric
hospital. (5) "Admitted"
to a psychiatric hospital means being accepted for and staying at least one
night at the psychiatric hospital. (6) "Treatment
plan" means a written statement of reasonable objectives and goals for an
inmate patient that is based on the needs of the inmate patient and that is
established by the treatment team, with the active participation of the inmate
patient and with documentation of that participation. "Treatment
plan" includes all of the following: (a) The specific criteria to be used in evaluating progress
toward achieving the objectives and goals; (b) The services to be provided to the inmate patient during the
inmate patient's hospitalization; (c) The services to be provided to the inmate patient after
discharge from the hospital, including, but not limited to, housing and mental
health services provided at the state correctional institution to which the
inmate patient returns after discharge or community mental health
services. (7) "Person with an
intellectual disability subject to institutionalization by court order"
has the same meaning as in section 5123.01 of the Revised Code. (8) "Emergency
transfer" means the transfer of a mentally ill inmate to a psychiatric
hospital when the inmate presents an immediate danger to self or others and
requires hospital level care. (9) "Uncontested
transfer" means the transfer of a mentally ill inmate to a psychiatric
hospital when the inmate has the mental capacity to, and has waived, the
hearing required by paragraph (B) of this rule. (10) "Independent
decision maker" means a person who is employed or retained by the
department of rehabilitation and correction and is appointed by the chief or
chief clinical officer of mental health services as a hospitalization hearing
officer to conduct due process hearings. An independent decision maker who presides over
any hearing or issues any order pursuant to this rule shall be a psychiatrist,
psychologist, or attorney, shall not be specifically associated with the
institution in which the inmate who is the subject of the hearing or order
resides at the time of the hearing or order, and previously shall not have had
any treatment relationship with nor have represented in any legal proceeding
the inmate who is the subject of the order. (B) Hearing procedure: (1) Except as provided
in paragraph (C) or (D) of this rule, if the managing officer of a state
correctional institution, or the managing officer's designee, believes
that an inmate should be transferred from the institution to a psychiatric
hospital, the department shall hold a hearing to determine whether the inmate
is a mentally ill person subject to hospitalization. The department shall
conduct the hearing at the state correctional institution in which the inmate
is confined, and the department shall provide qualified and independent
assistance to the inmate for the hearing. An independent decision-maker
provided by the department shall preside at the hearing and determine whether
the inmate is a mentally ill person subject to hospitalization. (2) Except as provided
in paragraph (C) or (D) of this rule, prior to the hearing held pursuant to
paragraph (B) of this rule, the managing officer or managing officer's
designee shall give written notice to the inmate that the department is
considering transferring the inmate to a psychiatric hospital, that it will
hold a hearing on the proposed transfer at which the inmate may be present,
that at the hearing the inmate has the rights described in paragraph (B)(3) of
this rule, and that the department will provide qualified and independent
assistance to the inmate with respect to the hearing. The department shall not
hold the hearing until the inmate has received written notice of the proposed
transfer and has had sufficient time to consult with the person appointed by
the department to provide assistance to the inmate and to prepare for a
presentation at the hearing. (3) At the hearing held
pursuant to paragraph (B) of this rule, the department shall disclose to the
inmate the evidence that it relies upon for the transfer and shall give the
inmate an opportunity to be heard. Unless the independent decision-maker finds
a good cause for not permitting it, the inmate may present documentary evidence
and the testimony of witnesses at the hearing and may confront and
cross-examine witnesses called by the department. (4) If the independent
decision-maker does not find clear and convincing evidence that the inmate is a
mentally ill person subject to hospitalization, the department shall not
transfer the inmate to a psychiatric hospital but shall continue to confine the
inmate in the same state correctional institution or in another state
correctional institution that the department considers appropriate. If the
independent decision-maker finds clear and convincing evidence that the inmate
is a mentally ill person subject to hospitalization, the decision-maker shall
order that the inmate be transported to a psychiatric hospital for observation
and treatment for a period of not longer than thirty days. After the hearing,
the independent decision-maker shall submit to the department a written
decision that states one of the findings described in paragraph (A)(2) of this
rule, the evidence that the decision-maker relied on in reaching that
conclusion, and, if the decision is that the inmate should be transferred, the
reasons for the transfer. (C) The department may transfer an inmate
to a psychiatric hospital under an emergency transfer order if the chief
clinical officer of mental health services of the department or that
officer's designee and either a psychiatrist employed or retained by the
department or, in the absence of a psychiatrist, a psychologist employed or
retained by the department determines that the inmate is mentally ill, presents
an immediate danger to self or others, and requires hospital-level
care. (1) After an emergency
transfer under paragraph (C) of this rule, the department shall hold a hearing
for continued hospitalization within five working days after admission of the
transferred inmate to the psychiatric hospital. The department shall hold
subsequent hearings pursuant to paragraph (F) of this rule at the same
intervals as required for inmate patients who are transported to a psychiatric
hospital under paragraph (B)(4) of this rule. (D) The department may transfer an inmate
to a psychiatric hospital under an uncontested transfer order if both of the
following apply: (1) A psychiatrist
employed or retained by the department determines all of the following
apply: (a) The inmate has a mental illness or is a mentally ill person
subject to hospitalization. (b) The inmate requires hospital care to address the mental
illness. (c) The inmate has the mental capacity to make a reasoned choice
regarding the inmate's transfer to a hospital. (2) The inmate agrees to
a transfer to a hospital. (E) The written notice and the hearing
required under paragraphs (B)(1) and (B)(2) of this rule are not required for
an emergency transfer or uncontested transfer under paragraph (C) or (D) of
this rule. (F) The department shall hold a hearing for the continued
hospitalization of an inmate patient who is transported or transferred to a
psychiatric hospital pursuant to paragraph (B) or (C) of this rule prior to the
expiration of the initial thirty-day period of hospitalization. The department
shall hold any subsequent hearings, if necessary, not later than ninety days
after the first thirty-day hearing and then not later than each one hundred and
eighty days after the closest prior hearing. An independent decision-maker
shall conduct the hearings at the psychiatric hospital in which the inmate
patient is confined. The inmate patient shall be afforded all of the rights set
forth in this rule for the hearing prior to transfer to the psychiatric
hospital. The department may not waive a hearing for continued commitment. A
hearing for continued commitment is mandatory for an inmate patient transported
or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of
this rule unless the inmate patient has the capacity to make a reasoned choice
to execute a waiver and waives the hearing in writing. An inmate patient who is
transferred to a psychiatric hospital pursuant to an uncontested transfer under
paragraph (D) of this rule and who has scheduled hearings after withdrawal of
consent for hospitalization may waive any of the scheduled hearings if the
inmate has the capacity to make a reasoned choice and executes a written waiver
of the hearing. (G) If upon completion of the hearing the independent
decision-maker does not find by clear and convincing evidence that the inmate
patient is a mentally ill person subject to hospitalization, the independent
decision-maker shall order the inmate patient's discharge from the
psychiatric hospital. If the independent decision-maker finds by clear and
convincing evidence that the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order that the inmate
patient remain at the psychiatric hospital for continued hospitalization until
the next required hearing. (H) If at any time prior to next required hearing for continued
hospitalization, the medical director of the hospital or the attending
physician determines that the treatment needs of the inmate patient could be
met equally well in an available and appropriate less restrictive state
correctional institution or unit, the medical director or attending physician
may discharge the inmate to that facility.
Last updated March 24, 2023 at 10:45 AM
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Rule 5120-9-22 | Transfer of violators.
(A) When the parole board or any hearing officer assigned to the parole board revokes an offender's release or imposes a new prison term on an offender, a copy of the order revoking the violator's release or imposing the new prison term upon the violator will be forwarded to the receiving reception center. (B) As soon as practical after receiving the inmate, the reception center will classify the inmate and forward all pertinent information to the bureau of classification and reception. The bureau of classification and reception will determine the inmate's security level and parent institution.
Last updated February 7, 2024 at 9:20 AM
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Rule 5120-9-23 | Escapes.
(A) The department of rehabilitation and
correction responds to an inmate escape in a manner which maximizes the safety
of the general public while engaging in actions designed to apprehend the
escapee(s). (B) Each institution establishes a
specific prevention, escape and apprehension action plan which includes
institution specific instructions for preventing an escape, and in the event of
an escape: reporting, containment and security of the institution, mobilizing
staff and information, formulating an action plan to apprehend the escapee(s),
returning to normal operations and follow-up. (C) In the event of an escape, the
institution immediately reports the escape to the Ohio state highway patrol and
other relevant local support agencies and submit a written report to the
director and or designee(s). Periodic updates will be provided to the director
and or designee(s) as instructed. (D) An investigation of an attempted
escape or actual escape is completed to determine any security failures, staff
failures, and to identify any corrective actions required or already
taken. (E) If an inmate who was convicted of a
felony offense of violence escapes, the office of victim services, in
accordance with division (H)(1) of section 5120.60 of the Revised Code, shall
notify each victim of the offense or offenses committed by the inmate of the
inmate's escape and, if applicable, the inmate's subsequent
apprehension. The office of victim services may request the assistance of the
prosecuting attorney of the county in which the escaped inmate was convicted in
identifying and locating a victim required to receive notice under this
paragraph.
Last updated May 31, 2024 at 6:54 AM
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Rule 5120-9-24 | Incident reporting and investigation.
(A) The managing officer or designee
shall promptly report to the director or designee incidents which seriously
threaten the health, safety and or security of a person or institution,
including those incidents that might have external ramifications or news media
interest. (B) A written report of such incidents
will be forwarded to the director or designee no later than the next business
day. The written report will include the institution name, the nature of the
incident, date and time of incident, a brief summary of the incident, action
taken in response to incident and the names and relevant information regarding
each inmate and/or staff member involved. Additional investigation will be
conducted, as necessary, at the direction of the warden or the director or
designee. (C) Incidents that may involve the
commission of a criminal offense shall be reported to the Ohio state highway
patrol for their review. When the Ohio state highway patrol opens a criminal
investigation related to the actions of an inmate or staff member, the
institutional investigator will provide such assistance as is necessary and
appropriate. An administrative investigation and subsequent administrative
action, including disciplinary action against an employee or inmate, may
proceed to the extent it does not interfere with the criminal
investigation.
Last updated May 31, 2024 at 6:55 AM
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Rule 5120-9-25 | Appearance and grooming of male inmates.
Effective:
October 22, 2018
(A) Inmates shall be required to be neat
and well groomed, and otherwise conform their appearance to the standards set
forth in this rule. Inmates refusing to do so may be subject to force and/or
appropriate disciplinary action consistent with this rule. Inmates may purchase
personal hygiene items, including shaving materials, deodorant, toothpaste,
toothbrushes, soap and towels through the commissary. The institution may issue
these items without charge or on credit if the inmate is indigent. (B) Toilet facilities and toilet paper
shall be available to all inmates. The institution shall have authority to
place limitations on such facilities when necessary for safety or
security. (C) Inmates shall have the opportunity to
shower no less than five times weekly. Inmates must be given a reasonable length of time
under the shower to be able to soap and clean themselves properly. (D) Haircuts shall be provided as needed.
Hair shall be kept clean. Hair must, at all times, remain readily and
thoroughly searchable for contraband. Hair that is in such condition that it
cannot be readily and thoroughly searched is prohibited and shall be subject to
forced cutting as provided in paragraph (I) of this rule. For purposes of this
rule, "searchable" shall mean that it can be determined, through
ordinary search procedures, whether the inmate's hair contains contraband.
Ordinary search procedures include, but are not limited to, passing a hand-held
metal detector over the inmate's hair and scalp to determine whether any
metal objects are present and/or directing the inmate to turn his head
upside-down and run his fingers vigorously through his hair. Braids and dreadlocks may be worn subject to the
limitations of this rule and provided that the thickness of each individual
braid or dreadlock does not exceed one-half inch. The following hairstyles or
facial hair are not permitted: initials, symbols, dyes, multiple parts, hair
disproportionately longer in one area than another (excluding natural baldness)
and weaves. Other hairstyles not specifically listed herein may be prohibited
if they are determined to be either a threat to security or contrary to other
legitimate penological concerns, as determined by the director's designee.
The managing officer may impose restrictions or authorize exemptions to these
prohibitions for documented medical or mental health reasons, in conjunction
with medical or mental health treatment, or to accommodate a sincerely held
religious belief. (E) In the interest of security or
proper enforcement of department rules, hair may be searched or checked for
compliance with this rule at any time. (F) Sideburns, beards, and moustaches
must be clean and neatly trimmed. (G) A new photo shall be taken whenever
in the judgment of the managing officer or designee any significant change in
physical appearance has taken place. Rephotographing shall be at the
inmate's expense if the change in appearance is occasioned by grooming
changes. (H) A reception inmate may receive a
haircut, if necessary, for reasons of sanitation or as otherwise permitted by
this rule. (I) Forced haircuts shall only be given if the inmate has not
been given an exemption from the grooming restrictions set forth in paragraph
(D) of this rule, the inmate has been given an order to cut his hair, has
disobeyed the order, has been issued a conduct report and the rules infraction
board determines that the hairstyle is contrary to this rule. All reception
inmates shall receive a haircut before an institution picture is taken, if
necessary to bring the inmate in compliance with this rule. In the interest of
maintaining security and sanitary conditions, unless the inmate is asserting a
sincerely held religious belief as a condition of the inmate's hair,
forced haircuts may also be issued to reception inmates without a conduct
report or rules infraction board approval. A log shall be maintained denoting
all forced haircuts in reception facilities and other institutions. The log
shall include the date, the inmate's name, number, race, the
circumstances, and the employee authorizing the forced haircut. The institution
must also comply with all required procedures regarding the use of force.
Inmates shall conform their appearance to the standards set forth in this rule.
Inmates refusing to do so shall be subject to appropriate disciplinary action,
which may include requiring an inmate's hair to be cut or trimmed against
his will. (J) The rules infraction board may indefinitely restrict the
style or length of hair of any inmate who is convicted of concealing contraband
in, or other misuse of, his hair or facial hair or is administratively
convicted of escape-related misconduct or criminal activity. (K) Male inmates are not permitted to wear earrings. (L) Inmates performing work assignments which may reasonably be
determined to include safety hazards or sanitary concerns may be required to
wear appropriate protective equipment, such as hats, hair nets,
etc. (M) Inmates are not permitted to manicure each other's nails
or eyebrows, style or cut another inmate's hair, or perform any other
cosmetic procedure on another inmate, except in an authorized program or by
inmates who have been authorized by the institution to perform such duties.
Hair clippings shall be considered contraband and may not be retained by any
inmate. (N) Institutions may require inmates to cut their fingernails and
toenails. Fingernails and toenails shall not extend beyond the tips of the
fingers or toes. (O) Inmates must be neatly and fully dressed at all times when
outside their living area in the uniform of the day or appropriate attire as
established by the institution.
Last updated December 20, 2021 at 2:33 PM
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Rule 5120-9-25.1 | Appearance and grooming of female inmates.
Effective:
October 22, 2018
(A) Inmates shall be required to be neat
and well groomed, and otherwise conform their appearance to the standards set
forth in this rule. Inmates refusing to do so may be subject to force and/or
appropriate disciplinary action consistent with this rule Inmates may purchase
personal hygiene items, to include shaving materials, deodorant, toothpaste,
toothbrushes, soap, and towels through the commissary. The institution may
issue these items without charge or on credit if the inmate does not have the
available funds. (B) Toilet facilities and toilet paper
shall be available to all inmates. The institution shall have authority to
place limitations on such facilities when necessary for safety or
security. (C) Inmates shall have the opportunity to
shower no less than five times weekly. Inmates must be given a reasonable
length of time under the shower to be able to soap and clean themselves
properly. (D) Haircuts shall be provided as needed.
Hair shall be kept clean. Hair must, at all times, remain readily and
thoroughly searchable for contraband. Hair that is in such condition that it
cannot be readily and thoroughly searched is prohibited and shall be subject to
forced cutting as provided in paragraph (I) of this rule. For purposes of this
rule, "searchable" shall mean that it can be determined, through
ordinary search procedures, whether the inmate's hair contains contraband.
Ordinary search procedures include, but are not limited to, passing a hand-held
metal detector over the inmate's hair and scalp to determine whether any
metal objects are present and/or directing the inmate to turn her head
upside-down and run her fingers vigorously through her hair. Braids and dreadlocks may be worn subject to the
limitations of this rule and provided that the thickness of each individual
braid or dreadlock does not exceed one-half inch. The following hairstyles or
facial hair are not permitted: initials, symbols, dyes, multiple parts, hair
disproportionately longer in one area than another (excluding bangs or natural
baldness), weaves and shaved heads. Hair coloring is not permitted unless
approved by the warden and provided by an individual properly licensed to
provide such a service and/or provided as part of an authorized program. Other
hairstyles not specifically listed herein may be prohibited if they are
determined to be either a threat to security or contrary to other legitimate
penological concerns as determined by the office of prisons. The warden may
impose restrictions or authorize exemptions to these prohibitions for
documented medical or mental health reasons, in conjunction with medical or
mental health treatment, or to accommodate a sincerely held religious
belief. (E) In the interest of security or
proper enforcement of department rules, hair may be searched or checked for
compliance with this rule at any time. (F) Sideburns, bangs, and other facial
hair must be neatly trimmed. Facial hair must not protrude more than one-fourth
inch from the skin. (G) A new photo shall be taken whenever
in the judgment of the managing officer or designee any significant change in
physical appearance has taken place. Re-photographing shall be at the
inmate's expense if the change in appearance is occasioned by grooming
changes. (H) A
reception inmate may receive a haircut, if necessary, for reasons of sanitation
or as otherwise permitted by this rule. (I) Forced haircuts shall only be given if the inmate has
not been given an exemption from the grooming restrictions set forth in
paragraph (D) of this rule, has been given an order to cut her hair, has
disobeyed the order, has been issued a conduct report and the rules infraction
board determines that the hairstyle or hair length is contrary to this rule.
All reception inmates shall receive a haircut before an institution picture is
taken, if necessary to bring the inmate in compliance with this rule. In the
interest of maintaining security and sanitary conditions, unless the inmate is
asserting a sincerely held religious belief as a basis for the condition of the
inmate's hair, forced haircuts may be issued to reception inmates without
a conduct report or rules infraction board approval. A log shall be maintained
denoting all forced haircuts in reception facilities and other institutions.
The log shall include the date, the inmate's name, number, race, the
circumstances, and the employee authorizing the forced haircut. The institution
must also comply with all required procedures regarding the use of force.
Inmates shall conform their appearance to the standards set forth in this rule.
Inmates refusing to do so shall be subject to appropriate disciplinary action,
which may include requiring an inmate's hair to be cut or trimmed against
her will. (J) The rules infraction board may indefinitely restrict
the style or length of hair of any inmate who is convicted of concealing
contraband in, or other misuse of her hair, or administratively convicted of
escape-related misconduct or criminal activity. (K) Female inmates are permitted to wear earrings. Hoop and
stud types are not to exceed one-half inch in diameter. Dangle type, those that
hang from or attach to a post or wire are not to extend more than one-fourth
inch below the bottom of the ear lobe. Earrings are not to be worn on any part
of the body, except the ears. A maximum of two pair of earrings may be worn at
one time. (L) Inmates performing work assignments which may
reasonably be determined to include safety hazards or sanitary concerns may be
required to wear appropriate protective equipment, such as hats, hair nets,
etc. (M) Inmates are not permitted to manicure each other's
nails or eyebrows, style or cut another inmate's hair, or to perform any
other cosmetic procedure, except in an authorized program, or by inmates who
have been authorized by the institution to perform such duties. Hair clippings
shall be considered contraband and may not be retained by any
inmate. (N) Institutions may require inmates to cut their
fingernails and toenails. Fingernails and toenails shall not extend beyond the
tips of the fingers or toes. Artificial fingernails are not
permitted. (O) Inmates may wear a reasonable amount of make-up.
Eyeliner will not exceed the eyebrow area. Staff may require an inmate to
remove make-up if in the judgment of a supervisor any significant change in
physical appearance has taken place. (P) Inmates must be neatly and fully dressed at all times
when outside their living area in the uniform of the day or appropriate attire
as established by the institution.
Last updated December 20, 2021 at 2:33 PM
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Rule 5120-9-26 | Use of Truth Verification Systems for Administrative Investigations.
(A) Truth verification systems such as a polygraph examination or a computer voice stress analysis may be utilized in the course of an administrative investigation. In general, the following principles shall apply: (1) The results of such an examination shall only be a factor to be considered in determining the truthfulness of the person being examined, but shall not be considered conclusive of the facts under question. (2) No offender or staff member shall be compelled to submit to a truth verification examination involuntarily. (3) No inmate or staff member, shall be prejudiced by a refusal or failure to submit to a truth verification examination. (4) No inmate or staff member shall be disciplined or discriminated against in any administrative action solely on the basis of the results of a truth verification examination unless there is supporting evidence which is both reliable and probative. (5) If a related criminal investigation is being conducted, the managing officer or investigator shall ascertain that the use of a truth verification examination will not unduly hinder or interfere with the criminal investigation. (B) Prior to the use of a truth verification examination in an administrative investigation, the managing officer must obtain approval from both the office of the chief inspector and the managing officer's deputy director.
Last updated March 24, 2023 at 10:49 AM
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Rule 5120-9-27 | Procurement of medical aids for institution inmates.
(A) The department of rehabilitation and correction shall provide to all institution inmates, when it is determined by qualified departmental staff (or other qualified independent contractor) that a legitimate medical or dental need exists, the following medical aids: eyeglasses, full and/or partial dentures, hearing aids, orthopedic appliances, etc. The department will further provide for reasonable replacement and upkeep. The cost and quality of such replacement items shall be at the warden's discretion. An inmate may, with the warden's approval, obtain a higher quality or more expensive item at the inmate's own expense. (B) The loss, theft or destruction of such aids, due to carelessness or negligence on the part of the inmate, will result in replacement being charged to the inmate's personal account. Prior to any such action, however, a full investigation will be conducted by the inspector of institutional services. (C) Medical aids of a cosmetic nature are not provided for. The cost of cosmetic medical aids, if desired by the inmates will be charged to the inmate's personal account with prior approval of the warden.
Last updated March 24, 2023 at 10:49 AM
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Rule 5120-9-29 | The office of the inspector of institutional services.
The warden of each institution shall appoint an individual to serve as the inspector of institutional services. As appropriate, the warden may also appoint an assistant inspector of institutional services. Screening, interviewing, and selecting individuals for both positions requires the participation of the chief inspector or designee. The inspector of institutional services shall report directly to the warden, with functional supervision being maintained by the chief inspector or his/her designee. The chief inspector or designee shall be involved in the performance evaluation of the inspector of institutional services. The inspector of institutional services shall have sufficient authority, clerical support, and access to all records and areas of the institution in order to carry out the duties of the office. The inspector of institutional services shall: (A) Facilitate all aspects of the inmate grievance procedure, as established by rule 5120-9-31 of the Administrative Code. (B) Investigate and respond to grievances filed by inmates; (C) Monitor the application of institutional and departmental rules and policies affecting conditions of incarceration; and report to the warden any noncompliance including recommendations for corrective action; (D) Conduct regular inspections of institutional services and serve as a liaison between the inmate population and institutional personnel; (E) Review and provide input on new or revised institutional policies, procedures and post orders; (F) Provide training on the inmate grievance procedure and other relevant topics; (G) Perform other duties as assigned by the warden or chief inspector which do not create a conflict with paragraph (A) or (B) of this rule. (H) Submit all reports, documents, or other forms of accountability of their work to the chief inspector and/or warden as directed.
Last updated March 24, 2023 at 10:49 AM
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Rule 5120-9-30 | The office of the chief inspector.
(A) Pursuant to section 5120.06 of the Revised Code, the director shall establish the office of the chief inspector and prescribe the powers and duties of said division. The chief inspector shall serve as a deputy director, in the unclassified service, equivalent in status to all other deputy directors within the department of rehabilitation and correction. The chief inspector shall report directly to the director and assistant director of the department of rehabilitation and correction. (B) The office of the chief inspector shall have sufficient centrally located staff to assist in carrying out the responsibilities of the office. The chief inspector shall have the authority to screen, interview and select support staff, assistant chief inspectors and other designees. (C) The chief inspector and designee(s) have the authority and responsibility to: (1) Administer all aspects of the grievance procedure for inmates; (2) Render dispositions on inmate grievance appeals; (3) Render dispositions on grievances against the wardens and/or inspectors of institutional services; (4) Participate in the selection process of institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators, including screening, interviewing and selection; (5) Functionally supervise institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators; including participation in annual performance reviews for such positions; (6) Initiate and supervise continuous training for departmental staff to maintain an active awareness and understanding of the grievance procedure for inmates and prepare a lesson plan for such purpose; (7) Ensure that all laws, rules, and regulations of the department and subordinate facilities are being followed and applied fairly throughout the system and report to the director or assistant director any noncompliance including recommendations for corrective action; (8) Administer and supervise internal and external audit procedures; (9) Monitor and provide input relative to any proposed new or revised administrative rules, policies or protocols of the department; (10) Coordinate the revision, dissemination, annual review and maintenance of departmental policies; (11) Monitor, coordinate, conduct, and/or initiate internal administrative investigations; (12) Submit to the director and the chairperson of the correctional institution inspection committee an annual report, which shall include, from all institutions, statistical information as to the number and nature of all inmate grievances processed during the report period, their disposition and the status of all pending grievances; and (13) Perform any other duties and responsibilities established by departmental policy and/or as directed or approved by the director or assistant director. (D) The chief inspector and designee(s) shall have all necessary authority to perform the required duties and responsibilities of this rule. The chief inspector and designee(s) shall have full investigative powers and complete access at any time to all facilities, offices, or installations under the jurisdiction of the department of rehabilitation and correction. All records, files, documentation, and any other information shall be available to the chief inspector and designee(s) upon request. Any employee or inmate of the department who is found to have knowingly, deliberately or maliciously obstructed an investigation conducted by the chief inspector's office will be subject to disciplinary action upon the recommendation of the chief inspector or designee.
Last updated March 24, 2023 at 10:49 AM
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Rule 5120-9-31 | The inmate grievance procedure.
Effective:
March 21, 2021
(A) The department of rehabilitation and
correction (DRC) shall provide inmates with access to an inmate grievance
procedure. This procedure is designed to address inmate complaints related to
any aspect of institutional life that directly and personally affects the
grievant. This may include complaints regarding the application of policies,
procedures, conditions of confinement, or the actions of institutional
staff. (B) The inmate grievance procedure will
not serve as an additional or substitute appeal process for hearing officer
decisions, rules infraction board decisions or those issues or actions which
already include a separate appeal mechanism beyond the institution level or
those issues or actions where a separate administrative rule specifically
indicates there is no appeal or where a final decision has been rendered by
operation support center staff or a managing officer. Other matters that are
not grievable include complaints related to legislative actions, the Ohio
Revised Code, Administrative Code, ODRC policies, and decisions of the adult
parole authority, judicial proceedings and sentencing or complaints whose
subject matter is exclusively within the jurisdiction of the courts or other
agencies. Complaints which present allegations which fall, in part, within the
scope of paragraph (A) of this rule and in part within this paragraph will be
considered to the extent they are not excluded under this
paragraph. (C) A written explanation of and
instructions for the use of the inmate grievance procedure shall be readily
available to both staff and inmates. Newly hired staff, and newly incarcerated
inmates at reception shall receive a written and oral description of the
procedure. Inmates shall also receive information regarding the inmate
grievance procedures during orientation at their parent institution.
Appropriate provisions shall be made as necessary for inmates not fluent in
English, persons with disabilities and those with low literacy levels. All
materials used to provide information and training on the inmate grievance
procedure to staff and inmates shall be prepared or approved by the office of
the chief inspector. (D) Inmates may utilize the inmate
grievance procedure regardless of any disciplinary status, or other
administrative or legislative decision to which the inmate may be subject.
Appropriate provisions shall be made to ensure access to the inmate grievance
procedure by inmates not fluent in English, persons with disabilities, and
those with low literacy levels. Each institution shall ensure a secure method
exists for inmates to send kites, informal complaints, grievances, and other
institutional correspondence to staff. (E) Limited restrictions may be imposed,
only with the approval of the chief inspector, based upon an inmate's
abuse or misuse of the inmate grievance procedure. Such a restriction shall be
for a stated period of time not to exceed ninety days and subject to extension
by the chief inspector if the inmate has not substantially complied with the
restriction requirements. Provisions shall be made to ensure that the inmate
can pursue issues that could present a substantial risk of physical injury,
such as medical concerns, through the inmate grievance procedure. Any inmate
subject to a restriction shall be notified in writing. Such notice shall
include a clear explanation of the nature of the restriction, and the length of
time of the restriction, (conditional upon their compliance). The notice shall
also include an explanation of how they may pursue issues that could present a
substantial risk of harm while on restriction. (F) An inmate may be subject to
disciplinary action for intentionally providing false information, or
disrespectful, threatening or otherwise inappropriate comments made in an
informal complaint, grievance, grievance appeal or grievance against the warden
or inspector of institutional services. Only the chief inspector or designee
and/or inspector of institutional services, with the approval of the chief
inspector or designee, may initiate disciplinary action based upon the contents
of an informal complaint, grievance, grievance appeal or grievance against the
warden or inspector of institutional services. Failure of the inmate to
substantiate his or her grievance allegations shall not, by itself, be used as
grounds to initiate disciplinary action. (G) Retaliation or the threat of retaliation for the use of the
inmate grievance procedure is strictly prohibited. Any alleged or threatened
retaliation may be pursued through the inmate grievance procedure. Appropriate
disciplinary action shall be taken against any employee found to be in
violation of this rule. (H) Grievance records are considered confidential and shall be
maintained in a secure manner. No grievance records shall be placed in any
inmate file which is available to the adult parole authority, except when the
record is the basis of disciplinary action initiated by the inspector and
authorized by the chief inspector. (I) Only the procedure designated by the chief inspector may be
used to file informal complaints, grievances, grievance appeals, or grievances
against the warden or inspector of institutional services. Such process shall
be reasonably available to inmates regardless of their disciplinary status or
classification. Inmates shall not be required to advise a staff member, other
than the inspector of institutional services, of the reason the procedure is
being initiated. (J) The inmate grievance procedure shall be comprised of three
consecutive steps fully described in this paragraph. This procedure is designed
to address inmate complaints related to any aspect of institutional life that
directly and personally affects the grievant, including complaints regarding
the application of DRC policies, procedures, conditions of confinement or the
actions of institutional staff. Whenever feasible, inmate complaints should be
resolved at the lowest step possible. Informal complaints must contain specific
information; dates, times, places, the event giving rise to the complaint and,
if applicable, the name or names of personnel involved and the name or names of
any witnesses. Specificity of the complaint provides institutional staff the
opportunity to investigate the complaint and to take corrective action to
address a valid complaint. In the event an inmate does not know the identity of
the personnel involved, a "John/Jane Doe" complaint may be filed.
However, the complaint shall be specific as to dates, times, places, physical
descriptions of any unidentified personnel and the actions of said personnel
giving rise to the complaint. (1) The filing of an
informal complaint - step one: Within fourteen calendar days of the date of
the event giving rise to the complaint, the inmate shall file an informal
complaint to the direct supervisor of the staff member, or department most
directly responsible for the particular subject matter of the complaint. Staff
shall respond in writing within seven calendar days of receipt of the informal
complaint. If the inmate has not received a written response from the staff
member within seven calendar days, the inspector may grant an additional four
calendar days for response. The inspector of institutional services shall take
prompt action to ensure that a written response is provided to the informal
complaint within required timelines and if a response is not provided within
required timelines, the informal complaint step is automatically waived and the
inmate may proceed to step two. Informal complaint responses shall reflect an
understanding of the inmate's complaint, be responsive to the issue, cite
any relevant departmental or institutional rules or policies and specify the
action taken, if any. The inspector of institutional services shall monitor
staff compliance with the informal complaint process. Any pattern of
non-compliance by staff shall be reported to the warden for appropriate action.
The filing of an informal complaint may be waived if it is determined by the
inspector of institutional services that there is a substantial risk of
physical injury to the grievant, the complaint is filed pursuant to rule
5120-9-03 or 5120-9-04 of the Administrative Code, paragraph (H) of this rule,
or for other good cause. In instances where the inmate has failed to meet the
requirements of paragraph (J) of this rule, notification will be provided by
the inspector stating the reason(s) why use of the grievance procedure is not
appropriate. (2) The filing of the
notification of grievance - step two: If the inmate is dissatisfied with the informal
complaint response, or the informal complaint process has been waived, the
inmate may file a notification of grievance with the inspector of institutional
services. All inmate grievances must be filed by the inmate no later than
fourteen calendar days from the date of the informal complaint response or
waiver of the informal complaint step. The inspector of institutional services
may also waive the timeframe for the filing of the notification of grievance,
for good cause. The inspector of institutional services shall provide a written
response to the grievance within fourteen calendar days of receipt. The written
response shall summarize the inmate's complaint, describe what steps were
taken to investigate the complaint and the inspector of institutional
service's findings and decision. The inspector of institutional services
may extend the time in which to respond by no more than fourteen days with
notice to the inmate. If a disposition has not been rendered after a total of
twenty-eight days from the receipt of the grievance, the complaint will be
deemed unresolved and the inmate may proceed to step three of the process.
Expedited responses shall be made to those grievances that, as determined by
the inspector of institutional services, present a substantial risk of physical
injury to the grievant or for other good cause. (3) The filing of an
appeal of the disposition of grievance - step three: If the inmate is dissatisfied with the
disposition of grievance, the inmate may file an appeal with the office of the
chief inspector. Only issues presented in an informal complaint or grievance
may be raised in a grievance appeal. Grievance appeals shall contain a clear,
concise statement explaining the basis for the appeal. The appeal must then be
filed to the office of the chief inspector within fourteen calendar days of the
date of the disposition of grievance. For good cause the chief inspector or
designee(s) may waive such time limits. The chief inspector or designee(s)
shall provide a written response within thirty calendar days of receipt of the
appeal. The chief inspector or designee(s) may extend the time in which to
respond for good cause, with notice to the inmate. The decision of the chief
inspector or designee is final. Grievance appeals concerning medical diagnosis
or a specific course of treatment shall be investigated and responded to by a
health care professional. (K) Appropriate remedies for valid grievances shall be provided.
Potential remedies may include, but are not limited to: changes to
institutional policies or procedures, the implementation of new policies or
procedures, and/or corrective action specific to the inmate's complaint
(for example, a correction to the inmate's account, locating lost
property, etc.) If the resolution of a grievance or portion thereof, requires
the authorization of the warden the inspector of institutional services shall
submit the findings and recommendations concerning the grievance to the warden
for the warden's approval, modification or disapproval. The warden shall
respond in writing to the inspector of institutional services within fourteen
calendar days. The inspector of institutional services shall provide to the
office of the chief inspector the report to the warden, that includes the
warden's decision. (L) Grievances against the warden or inspector of institutional
services ("direct grievances") must be filed directly to the office
of the chief inspector within thirty calendar days of the event giving rise to
the complaint. Direct grievances must show that the warden or inspector of
institutional services was personally and knowingly involved in a violation of
law, rule or policy, or personally and knowingly approved or condoned such a
violation. The chief inspector or designee(s) shall respond
in writing within thirty calendar days of receipt of the direct grievance. The
chief inspector or designee(s) may extend the time in which to respond for good
cause, with notice to the inmate. The decision of the chief inspector or
designee is final.
Last updated April 8, 2021 at 12:22 PM
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Rule 5120-9-32 | Inmate property claims.
Effective:
September 7, 2015
(A) If an inmate in a state correctional institution has a claim against the department of rehabilitation and correction for the loss of or damage to personal property and the amount claimed does not exceed three hundred dollars, before commencing an action against the department of rehabilitation and correction in the court of claims of Ohio, the inmate shall first attempt to resolve the matter by following the inmate grievance procedure as set forth in rule 5120-9-31 of the Administrative Code. (B) The claim shall be filed utilizing the inmate grievance procedure (rule 5120-9-31 of the Administrative Code) no later than ninety days prior to the expiration of the time allowed for commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code. Pursuant to section 2743.16 of the Revised Code, civil actions against the state for the loss of or damage to personal property shall be commenced no later than two years after the date of accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. The filing of the claim as a grievance does not toll the time allowed for the commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code. (C) The inspector of institutional services shall provide a written response to the claim. The written response shall summarize the inmate's claim, describe what steps were taken to investigate the claim, and the inspector of institutional service's findings and decision. If the inmate's claim is determined to have merit, the inspector of institutional services, subject to the warden's concurrence, shall make an offer to compromise the claim to the inmate. The offer to compromise the claim may be monetary or non-monetary. (D) If the inmate accepts a monetary offer to compromise, a payment shall be made to the inmate's institutional account from general revenue funds appropriated to the department of rehabilitation and correction. Such payment is subject to withdrawal from such account as may be necessary to pay a court ordered obligation pursuant to rule 5120-5-03 of the Administrative Code. The inmate's acceptance of a monetary offer to compromise and payment credited to the inmate's institutional account shall constitute a full and complete release of liability for the claim. Such a monetary compromise payment shall be the final remedy against the department of rehabilitation and correction and the state of Ohio. (E) Institutions may utilize contraband valued at one hundred dollars or less to make non-monetary offers to compromise by order of the warden or designee after the institution has attempted to contact or idedntify the owner of the personal property and those attempts have been unsuccessful, or the inmate who owns the personal property agrees in writing to the disposal of the contraband property. Institutions may utilize contraband valued at over one hundred dollars which has been forfeited by court order to make non-monetary offers to compromise only if the court order of forfeiture states that the forfeited contraband may be utilized by the insitution for such a purpose. Institutions may also utilize donated property or property abandoned by an inmate upon release to make a non-monetary offer to compromise. If the inmate accepts a non-monetary offer to compromise, the item of property shall be re-titled to the inmate if appropriate. The inmate's acceptance of an offer to compromise and the documented receipt of the replacment item shall constitute a full and complete release of liability for the property claim. Such a non-monetary compromise shall be the final remedy against the department of rehabilitation and correction and the state of Ohio. (F) If the department of rehabilitation and correction denies the grievance or does not compromise the claim at least sixty days prior to the expiration of the time allowed for the commencement of an civil action based upon the loss or damage under section 2743.16 of the Revised Code, as set forth in paragraph (B) of this rule, the inmate may commence an action in the court of claims of Ohio under Chapter 2743. of the Revised Code to recover damages for the loss or damage.
Last updated March 24, 2023 at 10:50 AM
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Rule 5120-9-33 | Packages and property restrictions.
Effective:
January 9, 2020
(A) In addition to the state-provided basic necessities, inmates may be permitted, subject to the limitations and conditions described in this rule, to possess certain items of personal property, which are not state issued. (B) Excluding large titled items (e.g., televisions and typewriters etc.), state issued bedding, coats/jackets, and permitted shoes, an inmate may not possess more than 2.4 cubic feet of combined state and personal property unless specifically authorized pursuant to this rule. (C) Individual items of personal property possessed by an inmate shall not exceed the value limit for that item. Individual value limits shall be reasonable and shall not unreasonably deprive the inmate of the ability to make purchases. The director shall approve a list of allowable items of personal property and the associated value limits. The list shall be distributed to all institutions and affirmatively communicated to the inmate population. (D) Each inmate is responsible for ensuring that his personal property remain in conformity with the foregoing limitations. Property in excess of these limitations will be deemed contraband and disposed of pursuant to rule 5120-9-55 of the Administrative Code. (E) Inmates may possess only personal property items received through an institutional commissary, and/or vendors identified by the director or designee. (1) Inmates may order and receive food packages only from the vendor approved by the director or designee. (2) Inmates may order and receive sundry packages (non-food personal property) only from vendors approved by the director or designee. (3) Family members, friends and others (regardless of their inclusion on the inmate's approved visitation list) may order food and/or sundry packages, subject to the limitations of this rule, from the approved vendor or vendors, for the benefit of a designated inmate. (F) Information on approved vendors, product availability and making purchases will be appropriately provided to inmates, family members and other interested parties. (G) Inmates assigned to institutions with the following security designations are eligible to receive the corresponding total number of packages per year from any of the approved sources, subject to the following exceptions: | SECURITY LEVEL | TOTAL NUMBER OF PACKAGES | LIMITATIONS | | Level 1 | 4 | Maximum of 2 food only boxes | | Level 2 | 3 | Maximum of 2 food only boxes | | Level 3 | 3 | Maximum of 1 food only box | | Level 4 | 2 | Maximum of 1 food only box | | Level E | 0 | No packages permitted | | Death Row | 3 | Maximum of 2 food only boxes |
Institutions whose physical construction facilitates the housing of inmates by different security designations shall permit inmates to receive packages according to their individual security level. Exceptions: Non-cadre inmates assigned to a reception center, or inmates temporarily assigned to a medical center, may not receive packages. Inmates sent to outside hospitals, or inmates in restrictive housing or limited privilege housing or any other status specifically designated by the director may not receive packages. (H) The director or designee may grant a managing officer's written request to include or exclude certain items of personal property based on the security, safety, space, control or other needs of a particular institution or individual. Approved institutional changes will be communicated in writing to the chief inspector and posted in the affected institution(s) as appropriate. Managing officers shall have the authority and discretion to permit receipt of additional packages, with or without limitation, and to establish institutional rules governing the storage of inmate legal materials and commissary items. (I) With the exception of any property excluded pursuant to paragraph (H) of this rule, inmates who legitimately possess personal property prior to April 1, 2000, may be permitted to retain (grandfather) said property until such time as said property becomes unusable. Institutional staff will ensure that any inmate's personal property being transferred to or received from another state correctional facility conforms to the 2.4 cubic foot limitation. (J) Inmates shall not trade, sell, barter, loan, or give away any personal property to another inmate. Inmates shall maintain proof of ownership for all property possessed. Failure to maintain proof of ownership may result in denied claims for lost property. Inmates are responsible for immediately reporting a theft or loss and institutional personnel are responsible for conducting a timely investigation. Inmates may not order a food or sundry package for another inmate.
Last updated March 24, 2023 at 10:50 AM
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Rule 5120-9-34 | Community education and work assignment time.
The purpose of this rule is to afford inmates of state penal institutions, on a selected basis, with adequate security, the opportunity to participate in educational and/or vocational programs, and community service programs which will implement the rehabilitative goal of the correctional system of the state of Ohio. (A) Definitions. As used in this rule the following terms shall mean: (1) "Institution" means any state penal institution, state prison, state reformatory or correctional or physical or mental treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction. (2) "Inmate" means a person who is imprisoned in an institution. (3) "Community service program" means a program under which inmates may be granted permission to be temporarily absent from the premises of an institution for the purpose of volunteer work in the community or for such other community service programs which are specifically approved in writing by the director of the Ohio department of rehabilitation and correction and the managing officer of the institution in which the inmate is confined. The director of the Ohio department of rehabilitation and correction shall keep accessible records of all such programs, events, or activities which have been approved by him. (4) "Education or vocational program" means a program under which inmates may be granted permission to leave the premises of an institution for the purpose of attending educational or vocational education classes or participating in a program or course of study of that nature, said programs to be approved in writing by the director of the Ohio department of rehabilitation and correction. The director of the department of rehabilitation and correction shall keep accessible records of all such programs which have been approved by him. (B) No inmate classified as maximum security shall be eligible to participate in community service programs, educational or vocational programs, as provided for in this rule. Inmates classified as medium security may be eligible for such programs, but only pursuant to paragraph (C)(4) of this rule. (C) An inmate shall not be permitted to participate in programs pursuant to the provisions of this rule unless, and until, the managing officer of the institution and the director or his designee affirmatively and specifically finds the following facts, which must be set forth in writing: (1) That the inmate has not been committed on more than one occasion for a felony that is an offense of violence as defined in section 2901.01 of the Revised Code. (2) That the inmate has not been committed for the commission of felonies on more than two separate occasions. (3) That the inmate's participation in community service, educational, or vocational programs pursuant to the provisions of this rule is consistent with the safety of the community and is in the best interests of rehabilitation with respect to the inmate. (4) Any exception to paragraphs (A)(1) and (A)(2) of this rule must be recommended by the classification committee and approved by the director or his designee for compelling reason(s). (D) The managing officer of the institution shall provide a system for checking out and checking in all inmates who participate in community service, educational, or vocational programs pursuant to this rule, which system shall reflect: (1) The name of the inmate and inmate number. (2) The date and time when the inmate left the institution. (3) The destination for which the inmate is bound. (4) The date and time that the inmate returned to the institution. (5) The name of the person charged with supervising the inmate. (E) The managing officer of the institution shall keep accessible records of all inmates who are participating in community service, educational, or vocational programs pursuant to this rule, including the date and time of their temporary absence from the institution, their destination, and the date and time of their return to the institution. (F) During all times when an inmate is temporarily absent from an institution pursuant to the provisions of this rule, the inmate shall: (1) Be under the direct, immediate, and personal supervision and control of a correctional officer, an employee of the institution, or a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card; (2) Directly and promptly proceed to the destination using the approved method of transportation and route, and shall not deviate from the purpose and destination of the inmate's community service, educational, or vocational program; (3) Remain at or within the area designated as the destination of the inmate's community service, educational, or vocational program; (4) Obey all orders, commands, and instructions of the correctional officer or the approved person responsible for supervising and controlling the inmate; (5) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs; (6) Not violate any law of the United States, the state of Ohio, or any municipal ordinance; (7) Work diligently and display proper conduct; (8) Return to the institution immediately and without delay at the time scheduled for return using the approved method of transportation, and shall not deviate from the institutional destination. (G) Any inmate who violates any of the provisions of paragraph (F) of this rule shall be subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code. The institutional correctional officer or approved person responsible for supervising and controlling the inmate shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (F) of this rule which are committed in his or her presence or which he or she is aware of, and an acknowledgement of this duty shall be made in writing by all such persons, other than an institutional guard. (H) The managing officer of the institution shall have the affirmative duty to notify, in writing, the director and the appropriate law enforcement agencies immediately of any escape, walkaway, or failure of an inmate to return from a community service, educational, or vocational program. (I) Prior to the approval of an inmate's application filed pursuant to this rule, a form setting forth the provisions of paragraphs (F) and (G) of this rule will be provided to the inmate, who shall execute, in writing, the inmate's understanding thereof and that the inmate agrees to abide by and be bound by those provisions. (J) No inmate shall be outside of the institution except pursuant to the provisions of this rule, pursuant to section 2967.26 of the Revised Code, or pursuant to any other program established by an act of the general assembly of the state of Ohio.
Last updated March 24, 2023 at 10:50 AM
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Rule 5120-9-37 | Inmate group activities.
(A) No inmate shall be permitted to become an active member in any group within an institution until that group has been approved pursuant to this rule. An "unauthorized group" is defined as: (1) An association of two or more persons with common characteristics (e.g., sharing a common interest, activity or purpose; acting in concert on an ongoing or recurrent basis; having a highly organized or loosely structured internal organization; recognizing themselves as a distinct group) which serves to distinguish that association from other inmates or groups, and; (2) Has not been approved by the department pursuant to this rule or any departmental directive. (B) An inmate shall not knowingly or intentionally engage in, whether individually or in concert with others: (1) Forming, organizing, promoting, encouraging, recruiting for, or participating in, etc., an unauthorized group; (2) Possessing, creating, reproducing, using or circulating, etc., any material related to an unauthorized group; (3) Communicating support of, association with, or involvement in any unauthorized group. The form of communication may be verbal (written or spoken) as through codes, jargon, etc., or non-verbal (conduct as through hand signs, symbols, displays, drawings, graffiti, distinctive clothing, hairstyles, colors, ornaments, etc.; (4) Participating in criminal activities, or disruptive activities such as disturbances, riots, fostering racial or religious hatred, or union activities; and, (5) Violating institutional rules or directives or state or federal laws. (C) When inmates engage in group activities when that group has not been authorized pursuant to this rule, or a group has received authorization pursuant to this rule, but engages in activities inconsistent with or beyond those authorized, such inmate and or group shall be deemed to be engaged in unauthorized group activities and subject to discipline consistent with rules 5120-9-06, 5120-9-07 and 5120-9-08 of the Administrative Code. (D) When an inmate is charged with unauthorized group activity the conduct report shall indicate that the charge is brought under this rule, describe with specificity the alleged conduct forming the basis of the charge, and cite the pertinent identified sub-section of this rule that describes the unauthorized group activity prohibited. (E) Inmates who wish to form an authorized group shall first file with the warden or designee a request for authorization to collect information to form the group. The request for authorization shall allow the inmates wishing to form a group to associate and communicate with other inmates for the sole purpose of gathering information to prepare the documents required to support a formal request to form a group. The request for authorization to associate and communicate shall state the nature and purpose of the proposed group. The warden or designee shall either grant or deny the request for authorization to associate and communicate within thirty days of receipt of the request. A denial shall state the reasons therefore. Inmates who wish to participate in religious group activities shall contact the institution's chaplain to ascertain the specific requirements for processing such a request. (F) Inmates who are granted authorization to associate and communicate may confer with and recruit other inmates to participate in the proposed group. This authorization is limited to the extent necessary to gather the information to prepare documents required for the formal request to form a group. The limited authorization to associate and communicate shall expire within thirty days from the date it was granted. (G) Within the thirty-day period following the authorization to associate and communicate, an inmate may file with the warden or designee a formal request to form a group. The formal request shall include the following: (1) The name of the group; (2) Any affiliation, directly or indirectly, with any other group within or outside the institution; (3) The names of the person(s) interested in forming the group; (4) The group's charter, constitution, or bylaws; or all three documents if appropriate; (5) The group's objectives and proposed activities; (6) The institutional services and resources, such as staff time or meeting rooms, needed for the group's activities; (7) The anticipated length and frequency of group meetings or activities; (8) Financial support desired from the institution, if any, including how long the group expects to need such support; (9) Group methods, including recruiting new members; (10) The need for the group and why no other existing group within the institution or the department can meet the needs of the applicant(s). (H) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the warden or designee, shall submit the formal request, along with the warden's recommendations, to the director or designee. (I) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the director or designee shall, in writing, approve or deny, in whole or in part, the formal request. A denial shall state the reasons therefore. (J) No group shall be recognized, or an active membership permitted, in any group which the warden has reason to believe constitutes a risk to the security of the institution or personnel, is detrimental to the best interests of the inmates, or would work in opposition to the orderly function and operation of the institution. (K) Each inmate group shall submit an annual report to the warden which shall include the name of the group, its purpose, the number of inmate members, its accomplishments during the previous year, its general effect on the inmate population, and the benefits, if any, derived by its members. A review of the conduct of the members during the preceding year shall also be conducted. Each warden shall then submit an annual report to the director or designee describing all active inmate groups and their activities. (L) Each inmate group shall have a group advisor who shall be assigned by the warden from the institutional staff. Such group advisor shall attend all meetings of the inmate group. The group advisor shall review the conduct records of the members on an annual basis, and shall submit a written summary of such review at the time of the group's annual report. (M) The director or designee may revoke a group's authority to continue to function as a group and to engage in organized group activities. In that event, the director or his designee shall notify the group in writing of the revocation and reason(s) therefore.
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Rule 5120-9-38 | Symbols of inmate groups.
(A) Authorized inmate groups may adopt a symbol, representing evidence of membership in an authorized group with the prior approval of the warden or designee. (B) Such symbols may be in the form of rings, pins, bracelets, necklaces, or medallions, to the extent that such jewelry items are in accordance with inmate grooming and appearance and inmate personal property limitations. (C) Such symbols may be disapproved. Disapproval may be based on size, weight, obscenity or the capability to be used as a weapon or to conceal contraband or other legitimate penological interests. (D) Wardens may promulgate regulations limiting times and places where symbols may be worn, especially if they constitute a safety hazard, such as wearing medallions around machinery.
Last updated March 24, 2023 at 10:50 AM
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Rule 5120-9-39 | Restoration of voting rights for individuals convicted of crimes.
Information pertaining to voting rights and the eligibility requirements governing the restoration of those rights for individuals with criminal convictions shall be made accessible to offenders at all correctional facilities and adult parole authority field offices. Such information shall be made available through published materials, and posted on the official website of the Ohio department of rehabilitation and correction. The information shall be updated, as necessary, by the Ohio department of rehabilitation and correction in response to any legislative revisions affecting the eligibility requirements pertaining to indiviudals with criminal convictions.
Last updated March 24, 2023 at 10:51 AM
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Rule 5120-9-40 | Inmate newspapers.
(A) Inmate newspapers may be published within institutions when approved by the warden. Inmate newspapers and their contents shall be under the administrative control and supervision of a staff member designated by the warden. (B) All articles submitted for publication must be signed, but names may be withheld on request. (C) Written consent by the owner or publisher of material already printed must be obtained before republication in the institutional publication. When one source is frequently used for material, a blanket approval for publication may be sought. (D) All costs incurred in the publication of an inmate newspaper shall be charged against the inmates' industrial and entertainment fund.
Last updated March 24, 2023 at 10:51 AM
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Rule 5120-9-44 | Clergy substitute for regular, full-time state-employed clergy.
(A) Regular, full-time, state-employed chaplains on approved leave from their institutions shall be responsible for securing the services of substitute clergymen to perform designated duties. (B) In the event institutional chaplains are unavailable, and non-institutional chaplains are needed, the chaplain shall attempt to secure the services of a volunteer clergyman, or one for whom the chaplain has previously substituted or for whom a service has been provided and for which an exchange of services is both reasonable and appropriate. (C) The name of each substitute clergyman and duties performed shall be promptly forwarded to the administrator of religious services after such services are performed. (D) In the event such services are unavailable except upon a fee basis, the concerned chaplain shall recommend in writing to the administrator of religious services a suitable substitute clergyman, state his fee schedule, and state the rate reasonably paid substitute clergyman in private churches in the community in which the institute is situated. No substitute clergyman shall be retained on a fee basis nor shall any contract with a substitute clergyman be valid unless approved in writing by the administrator of religious services. Such contract shall specify the dates, hours, and places of services to be performed. (E) Immediately after performing the agreed-upon services, a substitute clergyman under a fee contract shall submit an invoice to the chaplain on leave. The substitute clergyman shall sign the invoice, provide his home mailing address, his social security number, make reference to the contract and date of contract, and state the dates, hours, and places of services performed. (F) Upon receipt of such invoice, the chaplain for whom the substitution was made shall forward to the administrator of religious services copies of the invoice, the voucher, and a cover letter indicating his payroll name and social security number. The cover letter shall contain the dates for which the chaplain was on approved leave. The voucher shall thereafter be submitted to the business manager at the applicable institution for payment. (G) Substitute chaplains shall have only such authority as is reasonable and necessary to fulfill their appointments.
Last updated March 24, 2023 at 10:51 AM
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Rule 5120-9-45 | Temporary exclusion from educational requirement.
Effective:
January 9, 2020
(A) Except as provided by this rule, all
inmates who have not obtained a high school diploma or equivalency shall take
courses leading toward an Ohio certificate of high school equivalence, an Ohio
high school diploma pursuant to section 3313.61 of the Revised Code, or courses
that provide vocational training. (B) The department may exclude certain
inmates from the requirement to take courses as described in paragraph (A) of
this rule for clearly established medical, mental health or security reasons
pursuant to section 5145.06 of the Revised Code. Such exclusion from the
mandatory requirement shall be temporary in nature, based on the criteria
established by this rule, and pursuant to the procedure established in this
rule. (C) The managing officer of each
correctional facility shall establish an education exclusion review committee.
The committee shall be comprised of the health care administrator of the
facility, the mental health administrator or mental health manager of the
facility, and the principal or assistant principal of the facility. The
managing officer may designate other competent and credentialed staff persons
to the committee in place of the named positions. The committee shall meet when
necessary to review applications for exclusion at the direction of the managing
officer, but shall meet no less than once every six months. The managing
officer may designate a staff person to assist the committee, and to ensure its
adherence to time frames as described in this rule. Staff members are entitled
to no additional compensation for service on this committee. (D) Any correctional facility staff
member or inmate may submit a request for an exclusion from the requirement to
take courses. The request for exclusion shall be submitted on a form designated
for that purpose. The request for exclusion shall be directed to the, managing
officer, who shall refer it to the committee. (E) Any request for exclusion from the
requirement to take courses shall describe what condition or circumstance
supports the exclusion of the particular inmate from the requirement to take
courses. The criteria for exclusion from the requirement to take courses are as
follows: (1) Medical. A request
for exclusion based on medical reasons shall be accompanied by a written
statement from the institutional physician that the inmate, based on a
diagnosed medical condition, is incapable of meaningful participation in an
educational class or vocational training environment. (2) Mental health. A
request for exclusion based on mental health reasons shall be accompanied by a
written statement from the institutional mental health administrator or mental
health manager that the inmate, based on a diagnosed mental health condition,
is incapable of meaningful participation in an educational class or vocational
training environment. (3) Security. Inmates in
restrictive housing, who are on death row, or have a security level of E, are
excluded from the educational requirement for security reasons. However, upon
an inmate's written request, the inmate may have access to coursework as
described in paragraph (A) of this rule as appropriate for their security
status. (4) Inmates admitted as
patients to, Franklin medical center or Frazier health center are excluded from
the educational requirement, while in patient status. However, upon an
inmate's written request, the inmate may have access to coursework as
described in paragraph (A) of this rule as appropriate for their medical or
mental health status. (F) The educational exclusion review
committee shall review each request for exclusion within thirty days after its
referral from the managing officer. The committee may require institutional
staff to provide additional information if necessary. The committee shall
either approve or deny the request and provide a written determination to the
staff person submitting the request, to the inmate, to the education
department, and to the managing officer. (G) The grant of exclusion from mandatory
education is in effect until the circumstances of the inmate changes or for a
six-month period, whichever is shorter. The committee shall review each grant
of exclusion, and may require institutional staff to provide updated
information if necessary. The committee may continue, modify, or remove the
exclusion as warranted. The committee shall provide a written determination of
its review to the inmate, the education department, the referring clinical area
when applicable and to the managing officer.
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Rule 5120-9-47 | Sanctions for filing frivolous actions.
(A) At any time, and upon its own motion or on the motion of a party, a court may conduct an inquiry into whether any civil action or appeal brought by an inmate was brought in good faith. An inmate who is found by a court to have brought a frivolous civil action or appeal in any court of this state or in any federal court, or who is found by a state court to have brought a malicious civil action or appeal, or who is found by a state court to have filed false allegations of indigency in a poverty affidavit, or who is found by a state court to have filed additional affidavits relating to waiver, prior actions or appeals, and grievances, as set forth in section 2969.25 and 2969.26 of the Revised Code, that were materially false, is subject to loss of certain privileges and or extra work duty. (B) If a court issues such a written finding and forwards it to the appropriate institution for further action, the warden or designee shall, within a reasonable time, impose upon that inmate, one or more of the following sanctions: (1) Extra work duty, without compensation, for not more than sixty days; (2) The loss of commissary privileges for not more than sixty days; (3) The loss of television privileges for not more than sixty days; (4) The loss of radio privileges for not more than sixty days; (5) The loss of recreational activity privileges for not more than sixty days; (6) The loss of sundry package privileges for one time in any calendar year. (C) The inmate shall receive written notice of the wardens or designees sanction(s) along with a copy of the courts finding. Department employees are not required to grant the inmate any further process.
Last updated March 24, 2023 at 10:51 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 5120-9-49 | Public records.
Effective:
March 21, 2021
(A) A "record" means any item
that is kept by the department of rehabilitation and correction (department)
that: (1) Is stored on a fixed
medium, (2) Is created, received
by, or coming under the jurisdiction of a public office; and (3) Documents the
organization, functions, policies, decisions, procedures, operations, or other
activities of the department (B) "Public record" means
records kept by the department unless exempted by any provision of the Ohio
Revised Code or other binding legal authorities. The records of the department
that shall be deemed public records include, but are not limited to, the
following: (1) Rules of general
applicability and procedure (i.e., rules of the Ohio Administrative Code) and
statements of general policy (i.e., department policies exclusive of
security). (2) Charges and decisions
in inmate disciplinary cases. (3) Non-security related
manuals and instructions. (4) Determinations,
orders and minutes made by the adult parole authority, including the parole
board, resulting from any hearing required by law or Chapter 5120:1-1 of the
Administrative Code. (C) The following documents are not public
records: (1) Records, the release
of which is prohibited by state law (e.g., all records referred to in section
5120.21 of the Revised Code, attorney-client privilege, attorney work product,
and trade secrets) or federal law. See division (A)(1)(v) of section 149.43 of
the Revised Code. (2) Medical records that
pertain to the medical history, diagnosis, prognosis, or medical condition of
an inmate and that is generated and maintained in the process of medical
treatment. "Medical records" does not include any document relating
to birth, deaths, and the fact of admission to or discharge from a hospital.
See divisions (A)(1)(a) and (A)(3) of section 149.43 of the Revised Code.
However, pursuant to division (C) of section 5120.21 of the Revised Code,
inmate medical and mental health records may be released, once every twelve
months, if the inmate or former inmate to whom the record pertains, signs a
written request designating a licensed attorney or licensed physician to
receive the records and the designee signs on letterhead a request for the
records. The executor or designated administrator of a deceased inmate's
estate may request that inmate's medical records along with a designated
attorney or physician. (3) Recovery services
files and information that would identify an offender or employee receiving
alcohol and/or drug treatment. See section 5119.27 of the Revised
Code. (4) Information provided
to the office of victim services by a victim of crime or a victim
representative designated under section 2930.02 of the Revised Code for the
purpose of program participation, of receiving services, or to communicate acts
of an inmate or person under the supervision of the adult parole authority that
threaten the safety and security of the victim. See section 5120.60 of the
Revised Code. (5) Residential and
familial information of parole officers and correctional employees. See
division (A)(7) of section 149.43 of the Revised Code. (a) Under this rule, "correctional employee" means any
department employee who in the course of performing job duties has or has had
contact with inmates or persons under supervision. Under this rule,
"residential and familial information" means any information that
discloses any of the following about a correctional employee or a parole
officer: (i) Residential street
address (the state and political subdivision are a public record). (ii) Information that is
compiled from referral to or participation in an employee assistance
program. (iii) Social security
number. (iv) Residential and
emergency telephone numbers. (v) Numbers of bank
accounts (e.g., direct deposits) and debit, charge, and credit
cards. (vi) Medical
information. (vii) The name of any
beneficiary of employment benefits (e.g., life insurance). (viii) The identity and
amount of any charitable or employment benefit deduction (e.g., insurance for
health, dental, vision, life, and disability, union dues, and leave
donation). (ix) Name, residential
address, employer name and address, social security number, residential or
emergency telephone numbers, numbers of bank accounts and debit, charge, and
credit cards of the spouse, former spouse, or children. (b) A journalist may obtain the residential street address of a
correctional employee or parole officer, as well as the name and address of
that person's spouse, former spouse, or children, if employed by a public
office. See division (B)(9) of section 149.43 of the Revised Code. To obtain
this information, the journalist must submit a written request, which includes
the journalist's name and title, the employer's name and address, and
a statement that release of the information is in the public
interest. (c) For a department employee that does not meet the definitions
of correctional employee or parole officer, their home address may not be a
public record. The analysis is whether the address is a "record," in
that it documents the organization, functions, policies, decisions, procedures,
operations, or other activities of the department. For example, if a department
employee is required to live in a certain area as a condition of employment,
the portion of the home address that documents compliance with that condition
is a record. If the address is kept by the department for administrative
convenience, it is not a record. (6) Infrastructure
records. An "infrastructure record" means any record that discloses
the configuration of the department's critical systems, such as its
communications, computer, electrical, mechanical, ventilation, water, plumbing,
or security systems. Infrastructure records may be disclosed for purposes of
construction, renovation, or remodeling of the department's institutions
and facilities without waiving the non-public status of that record. Simple
floor plans or records showing the spatial relationship components of the
public office are not infrastructure records. See section 149.433 of the
Revised Code. However, pursuant to section 5120.21 of the Revised Code,
architectural, engineering, or construction diagrams, drawings, or plans of a
correctional institution are not public records. (7) Security records. A
"security record" means any record that contains information directly
used for protecting or maintaining the security of the department against
attack, interference, sabotage, or to prevent, mitigate, or respond to acts of
terrorism. Security records may be disclosed for purposes of construction,
renovation, or remodeling of the department's institutions and facilities
without waiving the non-public status of that record. See section 149.433 of
the Revised Code. (8) Criminal history
"rap sheets" obtained from the federal national crime information
center system or through the state law enforcement automated data system. Also,
records from the bureau of criminal identification and investigation. See
section 3789(g) of 42 U.S.C. as amended January 5, 2006 and section 109.57 of
the Revised Code. (9) Federal, state, and
municipal income tax returns and social security numbers contained in personnel
files. See section 6103 of 26 U.S.C. as amended July 2, 2010 and section
5703.21 and 718.13 of the Revised Code. (10) Public employee
retirement system personal history information. See section 3307.20 of the
Revised Code. (11) Records of open
internal equal employment opportunity investigations are confidential law
enforcement investigatory records under division (A)(1)(h) of section 149.43 of
the Revised Code, if conducted pursuant to Chapter 123:1-49 of the
Administrative Code. (12) Information
contained in a certain employment record if the department employee whose
information is recorded therein can demonstrate a high potential for
victimization or a substantial risk of bodily harm or death from the release of
such record. (13) Pursuant to division
(A)(2) of section 149.43 of the Revised Code, confidential law enforcement
investigatory records pertaining to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature to the extent that the release
of the record would create a high probability of disclosure of any of the
following: (a) The identity of a suspect who has not been charged with the
offense to which the record pertains, or of an information source or witness to
whom confidentiality has been reasonably promised. (b) Specific confidential investigation techniques or procedures
or specific investigatory work product. (c) Information that would endanger the life or physical safety
of law enforcement personnel, a crime victim, a witness, or a confidential
information source. (d) Information provided by an information source or witness to
whom confidentially has been reasonably promised, which information would
reasonably tend to disclose the source's or witness's
identity. (14) Personal information
listed online (i.e., numbers for federal tax identification, social security,
driver's license, state identification, and accounts for checking,
savings, and credit cards) must be redacted upon a person's request
pursuant to section 149.45 of the Revised Code. (15) Records maintained
by the department of youth services pertaining to children in its custody, that
are released to the department for the limited purpose of carrying out the
duties of the department. See division (A)(1)(l) of section 149.43 and section
5139.05 of the Revised Code. (16) Reports of a
pre-sentence investigation and an offender background investigation. The
department may disclose, in a confidential manner, any such report to courts,
law enforcement agencies, community-based correctional facilities, halfway
houses, and medical, mental health, and substance abuse providers. Prior to
such disclosure, the department shall redact the victim impact section and any
information identifying a witness. See section 2951.03 of the Revised
Code. (17) Education records
without student consent. School transcripts, attendance records, or other
individually identifiable student records. See section 3319.321 of the Revised
Code. (18) Certain records that
identify an inmate or former inmate concerning transfer of mentally ill or
mentally retarded inmates from a department correctional institution to a
psychiatric hospital. See section 5120.17 of the Revised Code. (19) Department quality
assurance records. See section 5120.211 of the Revised Code. (20) Inmate records
released by the department to the department of youth services or a court
pursuant to division (E) of section 5120.21 of the Revised Code. See division
(A)(1)(k) of section 149.43 of the Revised Code. (D) Upon request from a representative of an approved news
media organization or a private citizen, the following non-public information
about an inmate, parolee, probationer or other releasee may be made available
upon the prior approval from the department's bureau of communication or
from the appropriate managing officer: (1) Name and
number. (2) Age and date of
birth. (3) Race and
sex. (4) Physical
description. (5) Admission
date. (6) Sentencing
entry. (7) Prison transfers
(i.e., dates and locations only). (8) Outside court actions
regarding confinement and release. (9) Institutional work
assignments. (10) Security
level. (11) Prior department
incarceration. (12) Release eligibility
and supervision history (i.e., date and type). (13) Time at large (i.e.,
absconded or escaped). (14) Death. The identity
of a deceased inmate shall be withheld until next-of-kin have been notified or
twenty-four hours following death, whichever occurs first. (E) Rule 5120:1-1-36 of the Administrative Code lists
certain non-public parole board records which may be disclosed, according to
the procedures established in that rule, to the following
representatives: (1) Approved news media
organizations. (2) Government
officials. (3) Victims of any
offense of commitment or a subsequent parole violation. (4) An attorney
designated by the victim or the inmate. (F) The department must organize and maintain its records
so that they can be made available in response to public requests. On receiving
a public records request for specific, existing records, the department must
provide prompt inspection at no cost during regular business hours, or provide
copies at actual cost within a reasonable period of time, if requested. The
department may withhold or redact specific records which are covered by an
exception to the Public Records Act, but is required to give the requester an
explanation and legal authority. If a requester makes an ambiguous or overly
broad request, or the department believes that asking for, but not requiring,
the request in writing, or for the requester's identity, or for the
intended use of the requested information would benefit the requester by
enhancing the ability of the department to provide the records, the Public
Records Act provides for negotiation to help identify, locate, and deliver the
requested records. In addition to denials justified by exceptions to the Public
Records Act, the department may deny a request in the extreme circumstance
where compliance would unreasonably interfere with the discharge of the
department's duties. (G) Non-public records of the department may, in the sole
discretion of the director, or designee, be made available to counsel of record
of an inmate or releasee, researchers, law enforcement agencies, or other
persons with a need for access to such documents, subject to other restrictions
on such access as may be provided by law.
Last updated March 24, 2023 at 10:51 AM
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Rule 5120-9-50 | Escorted inmate release for deathbed or private funeral home visit.
Effective:
April 15, 2010
(A) As used in this rule: (1) "Felony Commitment" means an admission to an adult correctional institution of this or any other state, or the United States to serve a prison term for one or more felony offenses. (2) "Crime of an assaultive nature" means an offense in which the inmate caused or attempted to cause actual physical to a person. (B) Inmates who are not likely to pose a threat to the public safety and who are statutorily eligible pursuant to division (C) of section 2967.27 of the Revised Code may, at the discretion and professional judgment of the warden, be permitted an escorted visit for the specific purpose of visiting a dying relative or attending a private viewing of a deceased relative. (C) An inmate is statutorily ineligible if: (1) The inmate has a record of more than two felony commitments (including the present charge). This means the inmate must not be serving his third or greater commitment at the time of the requested visit; or, (2) The inmate has a record of two or more felony commitments (including the present charge) for a crime of an assaultive nature. (D) For the purposes of this rule the sick or deceased relative must not be more distant than spouse, child, step-child, parent, step-parent, sibling, step- or half-sibling, grandparent or other person who has, in effect, been in such a relationship with the inmate. (E) Wardens shall permit such inmate releases only upon receipt of information which verifies the relationship of the relative, and in cases of bedside visits, that the relative is in imminent danger of death. In cases of private funeral viewing the warden shall also verify the death of said relative. (F) In determining the inmate's likelihood of posing a threat to the public safety the warden may consider all information available, including but not limited to the inmate's security level, any pending detainers, time remaining on the sentence(s) being served or until the inmate goes to the parole board, the inmate's security threat group affiliation, notoriety of the offense, in cases of a deceased relative, the cause of death of the deceased, the emotional stability of the inmate, the inmate's institutional adjustment, and any history of escape, attempted escape and/or absconding from any type of supervision such as probation or parole. (G) Prior to approving an escorted bedside visit or private viewing the warden shall notify the department's office of victims' services so that the office may provide assistance to any victim or victims of the offense committed by the inmate and to members of the family of the victim. (H) No escorted visits shall be permitted outside of the state of Ohio. The inmate and/or family of the inmate shall bear responsibility for the cost of escorting the inmate to the bedside or private funeral viewing. The cost shall be determined by the mileage for the trip, based on the current mileage compensation established by the department of administrative services for state agencies. Staff compensation shall not be a part of the cost. During the escort the inmate shall remain under the constant supervision of an employee of the department. The transporting employees are authorized to terminate the trip at any time if they determine that the security or safety of themselves, the public or the inmate cannot be maintained.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-51 | Internet access for incarcerated individuals.
Effective:
January 15, 2022
(A) Incarcerated individuals may only access the internet
for a use or purpose approved by the director or designee. Access will be
limited in accordance with this chapter and will be monitored. Criteria by
which incarcerated individuals may be screened and approved for access or
training involving the internet shall include the following: (1) Incarcerated
individuals are eligible to access the internet only to the extent that
internet access is necessary to engage in an approved use or
purpose. (2) The incarcerated individual's
current offense of commitment and past criminal conduct may be taken into
consideration when determining whether an individual may be eligible for
internet access under this rule. (3) The Ohio central
school system superintendent, or designee, in consultation with the department
of rehabilitation and correction (DRC) chief of the office of information
technology (OIT) or a designee, and the deputy director of operations, or
designee, shall have the discretion to deny access to the internet to
incarcerated individuals based upon security concerns or the institutional
behavior of the inmate individual on a case by case basis. Relevant subject
matter experts may be consulted in making this determination. (B) Only pre-approved internet sites will be accessible to
incarcerated individuals. (C) Designation of the authority to approve internet sites
for authorized use: The Ohio central school system superintendent shall lead
and designate a committee comprised of subject matter experts to serve as the
designated authority for the pre-approval of internet sites for authorized use.
One of the members of the committee must be a representative of the DRC OIT,
chosen by the DRC chief of OIT. The committee will confer and recommend
internet sites for the superintendent to pre-approve. (D) A process for the periodic review of the operation of
the system, including users of the system and the internet sites accessed by
the system: the DRC chief of OIT, or designee, shall also be responsible for
periodic review of the operation of the system, including users of the system
and sites accessed by the system. The chief of OIT, or designee, shall utilize
available technology and/or services to ensure that access to the internet by
incarcerated individuals is monitored and is restricted only to those sites
pre-approved under this rule. (E) Sanctions that must be imposed against incarcerated
individuals and staff members who violate department rules governing access to
the internet: (1) Any staff member,
contractor, or volunteer who permits or assists in unauthorized access to the
internet by an incarcerated individual may be subject to appropriate
disciplinary measures for conduct in violation of this rule, and may be subject
to prosecution under section 2921.44 of the Revised Code. (2) Incarcerated
individuals who violate this rule may be found to have violated one or more of
the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative
Code and may be subjected to an appropriate penalty as set forth in rule
5120-9-07 or 5120-9-08 of the Administrative Code. (3) Incarcerated
individuals in a correctional institution under the control of the department
of rehabilitation and correction may also be subject to prosecution under
division (C)(2) of section 5145.31 of the Revised Code. Incarcerated
individuals in a private correctional facility, as defined in section 9.06 or
9.07 of the Revised Code, are subject to prosecution under division (C)(2) of
section 9.08 of the Revised Code.
Last updated January 18, 2022 at 8:28 AM
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Rule 5120-9-52 | Initial classification of inmates.
Effective:
January 9, 2020
(A) The director shall designate one or
more institutions as centers for the reception and classification of inmates
received by the department. (B) Classification shall include
assigning the inmate to appropriate security and supervision levels, as well as
determining programming needs to assist in the reentry of the inmate into the
community. The director or designee shall establish standard admission
procedures. (C) The reception centers shall forward
copies of all recommendations, reports, evaluations and other relevant
information on an inmate to the bureau of classification. After a review of the
available records the bureau of classification shall designate a security level
of 1, 2, 3, 4 or E and assign the inmate to an appropriate institution. Factors
to be considered in designating an inmate's initial security level and
institution assignment shall include but not be limited to the
following: (1) Nature or seriousness
of the offense for which the inmate was committed; (2) Length of sentence
for which the inmate was committed; (3) Medical and mental
health status; (4) Previous experience
while on parole, furlough, probation, post release control, administrative
release or while under any other form of correctional supervision. (5) Nature of prior
criminal conduct as shown by the official record; (6) Age of
inmate; (7) Potential for
escape; (8) Potential of danger
to the inmate, other inmates, staff, or the community through the inmate's
actions or actions of others; (9) Availability of
housing, work, and programming at the various institutions; (10) The physical
facilities of an institution; (11) Any other relevant
information contained in the reports. (D) The bureau of classification will,
within the limits of the available resources, attempt to assign the inmate to
an institution most compatible with his security and programming needs. The
bureau shall forward a copy of the inmate's designated security level and
institution assignment to the reception center. The reception center shall
notify the inmate and advise the inmate that they may request in writing to the
chief of the bureau of classification reconsideration of their security level
and/or institution assignment. Such request shall be on a form designated for
that purpose and state in detail the reasons supporting the
request. (E) During the period an inmate is
incarcerated at a reception center, the inmate shall be given a temporary
security level of level 3R, which will remain in effect until the bureau of
classification makes the security level and institution assignment and the
appropriate transfer has been completed. (F) The inmate's initial security
level and institution assignment are subject to change either while the inmate
is at the reception center or at the assigned institution, whenever additional
documentation or information becomes available that would impact such
assignments. Absent the receipt of any new information that would impact the
inmate's initial assignment, security level and institution assignment
shall not be modified except pursuant to rules 5120-9-21 and 5120-9-53 of the
Administrative Code. (G) Inmates may be assigned to an
institution of a higher security level than the security level of the inmate
due to program or institutional requirements. However, the security status of
the institution to which the inmate is assigned shall not, alone, determine the
security level of the inmate. (H) All reports, documents, and materials
completed during the reception and initial classification process shall become
a permanent part of the inmate's files.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-53 | Classification committees.
(A) Each institution shall establish and maintain a classification committee(s). The committee shall include a unit manager or designee, and other members as appointed by the unit manager. The classification committee shall have jurisdiction over annual and special security level reviews, work assignments, community release screening, transfer requests, and program placement. (B) Prior to a hearing of the classification committee the inmate shall be provided with notice no less than forty-eight hours prior, unless waived by the inmate. This notice shall inform the inmate of the purpose of the hearing, that the inmate may make or submit a written statement if the inmate chooses, and that the inmate has the right to meet with at least one member of the committee. This notice shall be on a form designated for that purpose. (C) During a classification hearing the committee shall review and consider the inmate's needs, including programming needs reflected in the inmate's reentry accountability plan, evaluate placement and progress, security and any other relevant matters. Each inmate shall have a classification hearing no less than annually. (D) After the classification committee hearing, the committee shall make a written summary of the hearing, including their recommendation and reasons for such recommendation and forward this to the warden or designee. The inmate shall be promptly notified of the recommendation of the committee and of the right to appeal the recommendation to the warden or designee. The notice to the inmate shall be on a form designated for that purpose. The warden or designee shall approve or disapprove the recommendation or make an alternative recommendation or decision. The warden's decision shall be communicated in writing to the inmate. Security level reviews and transfer request decisions may further be appealed to the bureau of classification.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-55 | Contraband.
(A) There shall be two classes of
contraband as defined in this rule. Contraband is classified as
"major" or "minor" contraband. This distinction shall
determine the method or manner of disposition of such contraband. (1) "Major
contraband," as used in this rule, refers to items possessed by an inmate
which, by their nature, use, or intended use, pose a threat to security or
safety of inmates, staff or public, or disrupt the orderly operation of the
facility. Major contraband also includes any material related to unauthorized
group activity that is found in the possession of an inmate. Any items referred
to in section 2921.36 of the Revised Code are considered major contraband,
including deadly weapons or dangerous ordnance, drugs of abuse, intoxicating
liquor and cash. (2) "Minor
contraband," as used in this rule, refers to items possessed by an inmate
without permission and: (a) The location in which these items are discovered is improper;
or (b) The quantities in which an allowable item is possessed is
prohibited; or (c) The manner or method by which the item is obtained was
improper; or (d) An allowable item is possessed by an inmate in an altered
form or condition. (B) Any staff member who confiscates
contraband from an inmate shall enter the fact of such confiscation on a log
designed for such a purpose, specifying the date of the confiscation, the
person or inmate from whose possession the contraband was taken, if known, and
a brief description of the contraband. (C) Disposition of contraband: any item
considered contraband under this rule may be confiscated. (1) Minor
contraband. (a) When appropriate, such items should be returned to their
proper locations or to their original owners. However, if the item came into
the inmate's possession through a violation of the rules by the original
owner, such item should not be returned to the owner, if the original owner is
an inmate. (b) Minor contraband received in the mail may be returned to the
sender if the inmate agrees to pay postage costs. (c) Minor contraband, valued at one hundred dollars or less, may,
thirty days after confiscation, be destroyed, donated, utilized by the
institution for training or other official purposes, or utilized in
non-monetary offers to compromise in accordance with rule 5120-9-32 of the
Administrative Code, by the order of the warden when the institution has
attempted to contact or identify the owner of the personal property and those
attempts have been unsuccessful or the inmate who owns the personal property
agrees in writing to the disposal of the property in question. (d) Minor contraband, valued at over one hundred dollars, which
cannot be returned to the original owner if either an inmate or unknown and
cannot be returned to sender, may, upon the issuance of an order of forfeiture
by the court of common pleas in the county in which the institution is located,
be destroyed or utilized by the institution for training or other official
purposes, sold at public auction, or utilized in non-monetary offers to
compromise in accordance with rule 5120-9-32 of the Administrative Code. The
warden may file a petition for forfeiture with the court, asking the order be
issued, with an attached list of the property involved and a brief statement
why the property cannot be returned. Each institution shall record the manner
in which the contraband was disposed. In the event a court of common pleas
issues an order that forfeited contraband be sold at public auction, the
institution shall deposit any money received in the inmates' industrial
and entertainment fund and record the date of disposition, the amount the
forfeited contraband was sold for, and the name of any person who purchased the
forfeited contraband at public auction. (2) Major
contraband. (a) When criminal prosecution or disciplinary action is
contemplated with respect to the contraband, it is locked in a secure area
designated for contraband or turned over to local or state law enforcement
authorities. Institutional personnel will minimize any handling of such items
until turned over to law enforcement authorities. (b) When such items are no longer needed for disciplinary or
criminal action, they are disposed of in accordance with the provisions of this
rule. (3) Contraband such as
rings, watches, and personal entertainment devices are stored in a secure
place. Reasonable attempts should be made to return such items to their
rightful owner if an inmate, or sent to the inmate's home at the
inmate's expense. Contraband obtained in violation of the rules of the
Administrative Code is subject to confiscation. If valuable contraband cannot
be returned to the rightful owner, the warden may initiate forfeiture
consistent with this rule. (4) Confiscated money is
processed in accordance with rule 5120-5-08 of the Administrative
Code.
Last updated July 1, 2024 at 4:29 PM
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Rule 5120-9-57 | Prison nursery program and infants born during confinement.
Effective:
January 6, 2023
(A) The "prison nursery
program" is a program of the department of rehabilitation and correction
that permits certain incarcerated women and the children born to them while
incarcerated to reside together while the mother serves her
sentence. (B) Pregnant inmates received into the
department of rehabilitation and correction may apply to participate in the
prison nursery program. (C) An inmate may be eligible to
participate in the program if: (1) She is pregnant at
the time she is delivered into the custody of the department of rehabilitation
and correction, (2) She is subject to a
prison term of not more than thirty-six months, (3) She has never been
convicted of a violent crime or any type of child abuse, or child
endangerment, (4) She and her child
meet established medical and mental health criteria, (5) She is the legal
custodian of the child, (6) No one else has been
granted custody or shared parenting privileges, and (7) She meets any other
criteria established by the department of rehabilitation and
correction. (D) In order to participate, each
eligible inmate selected for the program must sign an agreement to the
conditions of participation. Each inmate must agree to do all of the
following: (1) Comply with any
programmatic requirements established by the department such as child
development, parenting skills, education, domestic violence counseling, job or
vocational counseling, and alcohol or other drug counseling. (2) If eligible, have the
child participate in the medicaid program or a health insurance
program. (3) Accept the normal
risks of child-rearing. (4) Abide by any court
decisions regarding the allocation of parental rights and responsibilities with
respect to the child. (5) Assign to the
department any rights to child support from any person or governmental entity
in accordance with sections 5120.652 and 5120.654 of the Revised
Code. (E) In the event the inmate's
participation in the program is terminated before release, each inmate selected
for the program shall specify with whom the child should be placed pending
approval of the department of job and family services. The process is described
in this rule and rule 5101:2-42-60 of the Administrative Code. (F) The inmate's participation in
the program may be terminated at the sole discretion of the department
if: (1) The inmate fails to
comply with the conditions of participation agreement entered into under
division (A) of section 5120.652 of the Revised Code. (2) Either the inmate or
child becomes seriously ill, cannot meet medical criteria established for the
program by the department of rehabilitation and correction, or otherwise cannot
safely participate in the program. (3) A court issues an
order that designates a person other than the inmate as the child's
residential parent and legal custodian. (4) A juvenile court, in
an action brought pursuant to division (A)(2) of section 2151.23 of the Revised
Code, grants custody of the child to a person other than the
inmate. (5) An order is issued
pursuant to section 3109.04 of the Revised Code granting shared parenting of
the child. (6) An order of
disposition regarding the child is issued pursuant to division (A)(2), (A)(3),
or (A)(4) of section 2151.353 of the Revised Code granting temporary,
permanent, or legal custody of the child to a person, other than the inmate, or
a public children services agency or private child placing agency. (7) The inmate is
released from imprisonment. (G) The department shall establish a
nursery advisory board to advise the department concerning the prison nursery
program. (H) The managing officer of each
institution in which a prison nursery program is established
shall: (1) Create and maintain a
prison nursery program fund to pay expenses associated with the prison nursery
program. This fund shall be maintained as a part of the industrial and
entertainment fund as referenced in section 5120.131 of the Revised Code. Funds
so maintained may be expended on general program expenses for the benefit of
all participants in the program. Records of this fund shall be kept to allow
accounting of the amounts deposited in and spent from the prison nursery
program fund. (2) Create and maintain
an individual nursery account for each inmate participating in the prison
nursery program to help pay for the support provided to the inmate and child
pursuant to the program. Such funds shall be received and maintained in the
inmate's personal account as referenced in section 5120.13 of the Revised
Code. Such funds may be expended by the inmate at her discretion for any
allowable expense. (I) For all infants born to inmates who
are ineligible for the prison nursery program, Ohio children services boards or
county departments of human services which have assumed the administration of
children services functions prescribed by Chapter 5153. of the Revised Code are
responsible for investigating and recommending placement arrangements or
arranging placements for infants born to inmates. The rules governing these
functions are promulgated by the Ohio department of job and family services
(rules 5101:2-42-60 and 5101:2-42-61 of the Administrative Code). (J) Each institution under the
jurisdiction of the director of the department of rehabilitation and correction
in which female inmates are housed shall establish procedures for providing
assistance in the placement of infants who are born to inmates ineligible for
the prison nursery program. Such procedures shall include provisions for the
coordination of services with hospitals and state and local children services
agencies. (K) Each institution shall comply with
the following procedures: (1) Each inmate shall
receive a medical examination during the admissions process, and the examiner
shall note observed symptoms of pregnancy or statements by the inmate
concerning her pregnancy and the expected delivery date. (2) An institutional case
manager/parenting coordinator shall be notified as soon as practical of the
inmate's pregnancy and her expected delivery date. If it is possible that
the inmate will remain incarcerated as of the expected delivery date, the case
manager/parenting coordinator shall interview the inmate to
determine: (a) The state and county of residence at the time that the inmate
was sentenced to confinement in the department; and (b) The county(s) having jurisdiction of the criminal case in
which the inmate was convicted and sentenced to the department;
and (c) The inmate's preferred plan concerning the placement of
the infant (relatives, friends, public or private agency, etc.). (3) The case
manager/parenting coordinator shall, as soon as practical thereafter, notify
the public childrens services agency in the Ohio county in which the inmate was
a resident at the time she was sentenced and provide the following information
to the agency: (a) Name of inmate; (b) Social security number; (c) Prior address; (d) Committing county; (e) Name and address of child's father; (f) Financial resources (self/spouse/parents); (g) Parole hearing date or release date of inmate; (h) Expected delivery date; (i) Baby placement choice and alternative placement; (j) Name and phone number of referring case manager/parenting
coordinator; and (k) Return address of institution. In the event that the inmate was not an Ohio
resident at the time that she was sentenced, the case manager/parenting
coordinator shall provide the same notification to the public childrens
services agency in the county having jurisdiction of the case in which the
inmate was last convicted and sentenced. (4) The case
manager/parenting coordinator will inform the inmate of the approval or
rejection by the responsible childrens services agency of the inmate's
placement plan. The case manager/parenting coordinator will immediately inform
the responsible agency of any change in circumstances reported by the inmate.
All communications with the responsible agency will be documented. (5) When ordered by the
department's medical staff, the inmate shall be transferred to a hospital
designated by the department. The case manager/parenting coordinator or other
person designated by the managing officer of the institution shall notify the
hospital of the agency identified in paragraph (K)(3) of this rule and shall
take such other action necessary to effectuate the purpose of this
rule. (6) In the event that the
agency identified in paragraph (K)(3) of this rule communicates its inability
to assume custody and care of an infant, the case manager/parenting coordinator
shall request intervention by the public childrens services agency in the
county in which the child is hospitalized.
Last updated January 6, 2023 at 8:38 AM
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Rule 5120-9-58 | Acquired immune deficiency syndrome.
(A) In conjunction with the Ohio department of health, the department of rehabilitation and correction shall conduct human immunodeficiency virus (hereafter "HIV") testing on all inmates upon admission. (B) Testing for HIV at other times can be required of an inmate when ordered by a judge of appropriate jurisdiction or when the head of the institution has determined, based on good cause, that a test is necessary. (C) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to institution or department staff members or contractors. Such disclosure shall only be made to staff and contractors who have a medical need to know and who are participating in the diagnosis, care or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition. Disclosure shall be made consistent with the appropriate protocol developed as required by division (B)(3) of section 3701.243 of the Revised Code. (D) Inmates who have tested positive for the HIV virus or who have been diagnosed as having AIDS or an AIDS-related condition shall be assigned to such housing within the department of rehabilitation and correction as meets the medical and security needs of the inmate.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-60 | Schedule of health care services.
(A) The department of rehabilitation and
correction shall provide health care to incarcerated offenders under its
custody based upon individual assessment of their medical needs in accordance
with the best use of available resources and recognized correctional health
care standards. All care that is deemed medically necessary by departmental
physicians shall be provided, with an emphasis on preventive care and with
priority given to ongoing care of disease-specific, serious medical conditions.
The health care services described in this rule are available only to offenders
incarcerated in a department correctional institution. (B) The term "medically
necessary" as used in this rule means care without which the offender
could not be maintained without significant risk of loss of life, loss of limb
or significant bodily function. It also includes care without which one could
expect significant pain or discomfort, further serious deterioration of the
offender's medical status and/or a significant reduction in the chance of
successful repair after release. (C) Inmates incarcerated in a
correctional institution operated by the department of rehabilitation and
correction may expect the following health care services: (1) Admission health
evaluation (a) Comprehensive baseline health history including inquiry
into: (i) Current illnesses and
health problems; (ii) Dental
problems; (iii) Mental health
problems, including suicide assessment; (iv) Substance abuse
history; (v) Past and present
treatment or hospitalization for mental health disturbances or
suicide; (vi) Screening for past
or present infectious diseases, including tuberculosis; (vii) Possibility of
pregnancy (if applicable); (viii) Any other health
problems reported by the inmate. (b) Comprehensive physical examination
including: (i) Examination by a
physician or other advanced level health care provider; (ii) Baseline lab
work; (iii) Screening for
sexually transmitted diseases, as mandated; (iv) Pregnancy test
(females only); (v) Other lab work deemed
necessary by the physician or advanced level health care provider. (c) Immunizations as medically necessary. (d) Baseline dental examination including: (i) Baseline dental
screening; (ii) Dental x-rays as
indicated. (e) Assignment of a medical classification based on the
comprehensive history and physical examination. (f) Institution assignment based on the determined medical
classification. (g) Orientation to prison health care system. (2) Routine
care: (a) Unimpeded access to nursing and medical services
through nursing sick call and medical sick call. (b) Chronic care clinics. Care includes regular follow-up
based on disease and symptom control: (i) Cardiovascular; (ii) Hypertension; (iii) Diabetes; (iv) Tuberculosis; (v) HIV; (vi) Pulmonary; (vii) Seizure
disorders; (viii) Chronic liver
disease, including hepatitis C; (ix) Other chronic
medical diseases as deemed necessary by the physician. (3) Offer of regular
physical examination: (a) For all inmates over fifty years old, annual physical
examinations to include: (i) Complete vital
signs; (ii) Cancer screening
tests as medically indicated; (iii) Lab work as
indicated; (iv) Optometry
examination as indicated; (v) Dental examination as
indicated; (vi) Immunizations,
offered as medically indicated; (vii) Pelvic examination,
pap smear and breast exam for all women; (viii) Mammogram annually
according to united states prevention services task force grade A and B
recommendations; (ix) Testicular
examination according to united states prevention services task force grade A
and B recommendations; (x) Digital rectal
examination. (b) For all inmates between the ages of forty and fifty,
physical examinations every two years, to include: (i) Optometry examination
as indicated; (ii) Dental examination
as indicated; (iii) Immunizations,
offered as medically indicated; (iv) Breast examination
for females according to united states prevention services task force grade A
and B recommendations; (v) Mammograms for women
according to united states prevention services task force grade A and B
recommendations; (vi) Testicular
examination for men according to united states prevention services task force
grade A and B recommendations; (vii) Cancer screening
tests as medically indicated. (c) For all inmates under the age of forty, a physical
examination as indicated, to include all procedures listed above for inmates
between the ages of forty and fifty. (4) Nurse's sick
call, which includes: (a) Nursing assessment; (b) Patient education, specific to disease or
condition; (c) Referral to advanced health provider, mental health
services or dietary services, as indicated. (5) Medical sick call -
by a physician or other advanced health care provider. (a) Primary care; (b) Chronic care clinics as outlined above; (c) Referral for specialty consultation as deemed necessary
by the provider. (6) Mental health
services: (a) Mental health screening upon admission; (b) Full mental health evaluation, as
indicated; (c) Crisis care; (d) Suicide prevention services; (e) Individual and group psychotherapy, as
indicated; (f) Mental health programming, as indicated; (g) Residential treatment facilities when
necessary; (h) Psychiatric hospitalization, when
necessary; (i) Residential MR/DD services when necessary. (7) Dietary
services: (a) Nutritional assessment when indicated; (b) Customized diet plan, as ordered by a physician when
medically necessary; (c) Disease specific dietary counseling. (8) Pharmacy
services: (a) Prescription medication provided as medically
indicated, per a restricted formulary. (b) Off formulary medications approved when medically
necessary. (c) Instructions regarding prescribed medications provided
as indicated. (9) Dental
services: (a) Admission screening; (b) Routine dental services (restorations,
extractions); (c) Emergency dental services (for acute infection, broken
teeth, fractures); (d) Specialty dental services as deemed necessary by
primary care dentist; (i) Removable
prosthodontics (dentures); (ii) Oral surgery (for
impacted teeth, pathology, and other medically necessary
procedures); (iii) Periodontal
services as medically necessary. (10) Infectious disease
prevention and treatment: (a) Screening, testing, treatment and follow-up as
indicated for tuberculosis, sexually transmitted diseases, HIV, hepatitis and
other infectious diseases. (b) Infectious disease educational programming, with an
emphasis on prevention. (11) Optometry
services: (a) Optometric examination as indicated and eyeglasses as
needed. (b) Glaucoma screening as indicated. (12) Podiatry
services: (a) Diabetic foot exams annually and treatment as
needed. (b) Orthotics when medically indicated. (13) Dialysis
services. (14) Pregnancy
management: (a) Prenatal services; (b) Nursery program if deemed appropriate; (c) Delivery services at Ohio state university
hospital. (15) Audiograms and
hearing aids as medically indicated. (16) Physical therapy
and/or mobility aids, as medically indicated: (17) Specialty physician
consultations as medically indicated for specific disease
processes. (18) Surgeries and
treatments: (a) Procedures or treatments approved when necessary
to: (i) Preserve life or
limb; (ii) Prevent further
serious deterioration or significant reduction of the chance of possible repair
after release; (iii) Alleviate
significant pain or discomfort. (b) Procedures or treatments of an elective nature are
subject to review and prior approval on a case-by-case basis. (c) Procedures or treatments that are only marginally
effective will be considered only after careful review of the procedure's
effectiveness, alternatives, risks, the severity of the inmate's illness,
the cost of the procedure and the likelihood of recovery. (d) Procedures or treatments of a purely cosmetic nature
will not be approved. (e) Procedures or treatments generally considered to be
experimental may be considered only after all conventional options have been
exhausted and a human research review committee reviews the treatment or
procedure proposed for that inmate. (19) Prosthetic devices
provided as medically indicated to support independent
functioning. (20) Primary and advanced
diagnostic laboratory and x-ray services provided as necessary to support
medically necessary care. (21) Emergency
services: (a) First aid, nursing care and basic life support are
provided on-site twenty-four hours a day by appropriately licensed medical
staff. (b) Transport to outside emergency care facilities provided
as medically necessary. (22) Acute inpatient and
skilled nursing care: (a) Hospital level of care at an accredited medical
facility provided as medically necessary; (b) Inpatient skilled nursing care and end-of-life care
provided at the Franklin medical center; (c) Intermediate inpatient and outpatient care provided at
Frazier health center. (23) Discharge planning
services: (a) Summary health care information available upon release
to support continuity of care; (b) Limited supply of essential medication provided on
release from prison; (c) Community linkage services provided for inmates with
mental illness and, per department of health guidelines, certain infectious
diseases. (D) Preventive health care is encouraged
and supported within department institutions. Each offender will be provided
written and oral instruction regarding access to health care services, with an
emphasis on preventive services available. preventive services include the
following: (1) Health care
screenings: (a) Screenings for infectious diseases and sexually
transmitted diseases; (b) Mental health screenings for suicide risk and mental
illness. (2) Immunizations as
medically indicated. (3) Age specific, routine
physical examinations, inclusive of screenings for cancer as medically
indicated. (4) Tuberculosis
surveillance program inclusive of intake and annual screening and follow-up,
treatment as medically indicated, and medical isolations as necessary to
prevent transmission. (5) Chronic disease
clinics inclusive of regularly scheduled evaluations, medication monitoring and
disease specific patient education. (6) Preventive patient
education inclusive of, but not limited to, infectious disease prevention,
smoking cessation and nutrition and dietary guidelines. (7) Preventive dental
services including instructions on dental hygiene, and routine scaling as time
and resources permit.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-61 | Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations.
Effective:
April 15, 2010
(A) Nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to enter institutions under the control of the department for the purpose of providing reentry services to inmates shall be first registered with the department upon the approval of the director. For the purposes of this rule, reentry services may include, but are not limited to, counseling, housing, job-placement, and money-management assistance. (B) For the purposes of registration with the department, the nonprofit organization shall submit a written application, in a form or manner as determined by the department, for the purposes of screening. The department shall post a department telephone number on the department's official internet web site that nonprofit organizations may call to obtain information. The submission shall include the following information: (1) The name of the organization; (2) The principal contact person for the organization; (3) The mailing address for the organization; (4) A statement regarding the organization's history, mission and objectives, and; (5) A statement regarding what reentry services the organization can provide and how the organization will present these services within an institution. (C) A nonprofit organization may be registered with the department to provide reentry services to inmates if it can demonstrate to the satisfaction of the department the following: (1) A commitment to the principles of inmate reentry, with regard for the rights of victims and public safety; (2) A willingness to comply with the department's administrative rules and policies regarding security, visitation, and volunteers in the institutions; (3) The ability to consistently provide reentry services to the inmate population targeted, which will be identified through agreement with the department; (4) A continuing commitment to provide reentry services in a manner that is professional, respectful of both inmates and department staff, and will not bring discredit to the department or the state of Ohio. (D) The decision of the director regarding the registration of a nonprofit organization to provide reentry services is solely within the discretion of the director. The director may consider any factor the director deems relevant regarding the suitability of the organization to be registered to provide reentry services. The department may terminate the registration of a nonprofit organization if, in the judgment of the director, the organization has compromised the safety and security of an institution, failed to abide by the rules and policies of the department, or otherwise been found unsuitable to provide reentry services. (E) The department shall maintain, on its internet web site, a list of all the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this rule. The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require an inmate to participate in a faith-based program.
Last updated March 24, 2023 at 10:52 AM
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Rule 5120-9-62 | Operation of the federal equitable sharing fund.
(A) For the purposes of this rule, the following terms shall have the following meanings: (1) DAG-71 - the federal form application for the transfer of federally forfeited property. (2) Equitable sharing account - a separate revenue account exclusively for the proceeds from the disposition of federally forfeited property, established pursuant to section 5120.70 of the Revised Code. (3) Federally forfeited property - federally forfeited cash, property, the proceeds of federally forfeited property, and any interest earned on the equitable sharing account, which the federal government equitably-shares with the department of rehabilitation and correction. (4) Proceeds of federally forfeited property - any payment in cash or in kind made to the department of rehabilitation and correction for the sale or transfer of federally forfeited property. (B) Federally forfeited property and the proceeds of federally forfeited property shall be used only for law enforcement purposes and as a supplement to existing resources and revenue appropriated by the Ohio general assembly. Internal controls and auditing mechanisms shall account for the expenditure, transfer, or use of federally forfeited property or the proceeds of federally forfeited property. (C) Expenditure, use, or transfer: (1) The director or designee must authorize all uses, expenditures, and transfers of federally forfeited property or the proceeds of federally forfeited property. Federally forfeited property must be used for the specific intended law enforcement use stated on the DAG-71. The proceeds of federally forfeited property must be used for a law enforcement purpose in accordance with federal law. Federally forfeited property or the proceeds of federally forfeited property must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly. (2) The director or designee must authorize the expenditure or transfer of the interest generated on the equitable sharing revenue account. Interest must be used for only a law enforcement purpose in accordance with federal law. The expenditure or transfer of interest must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly. (3) Purchase orders must be issued in accordance with state law and current department of administrative services and department procedures to formally disburse deposited assets from the forfeiture revenue account. (D) Sale or transfer of tangible federally forfeited property: (1) Tangible assets must be used for two years from the date of transfer in accordance with the law enforcement purpose stated on the DAG-71, unless the asset becomes unsuitable for the law enforcement purpose. (2) Upon expiration of the two year period, the director or designee may authorize the sale of the asset for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule. (3) When a tangible asset ceases to serve the law enforcement purpose for which it was requested, the department's deputy director of the office of administration shall sell it for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule. (E) The director or designee may authorize the expenditure of funds from the equitable sharing revenue account to pay for the costs of auditing and bookkeeping resulting from the equitable sharing of federally forfeited property.
Last updated March 24, 2023 at 10:53 AM
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