This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5120:1-14-01 | Glossary of terms.
Effective:
December 15, 2006
(A) Single county community-based correctional facility and program: A "single county community-based correctional facility and program" means a program established by any county within the state of Ohio which has a population of two-hundred thousand residents or more for the purpose of the commitment of felony offenders to a residential facility by the common pleas court pursuant to sections 2301.51 to 2301.58, 5120.111, 5120.112 and 5149.06 of the Revised Code. (B) "District community-based correctional facility and program" means a program established by two or more neighboring or adjoining counties within the state of Ohio which together have an aggregate population of at least two-hundred thousand or more residents for the purpose of the commitment of felony offenders to a residential facility by the common pleas courts pursuant to sections 2301.51 to 2301.58, 5120.111, 5120.112 and 5149.06 of the Revised Code. (C) Facility governing board: A "facility governing board" is the board established in accordance with section 2301.51 of the Revised Code whose duties and responsibilities are to administer a community-based correctional facility and program, develop rules for the operation of the facility, appoint the director, and establish the salaries of the director and all other program staff who shall be employees of the board. (D) Judicial advisory board: A "judicial advisory board" is the board established in accordance with section 2301.51 of the Revised Code, whose duties include making appointments to the facility governing board and providing advice to the facility governing board regarding the public safety needs of the community, screening criteria and other matters. (E) District: A "district" is a geographic area comprised of two or more neighboring or adjoining counties in the state of Ohio with a total combined population of two-hundred thousand or more. (F) Community-based correctional facility (CBCF): A "community-based correctional facility" is a secure facility used to confine persons sentenced by the court or courts of common pleas or referred by a legal entity which conforms to operating standards established by the department of rehabilitation and correction. (G) Community-based correctional program: A "community-based correctional program" provides general treatment to be applied individually to eligible persons sentenced by a court or courts of common pleas or referred by a legal entity consisting of an evaluation period of thirty days that shall include, but not be limited to education, treatment, or work release , and has screening and admission standards. (H) Eligible felony offender: An "eligible felony offender" is a person who has been convicted of or pled guilty to a felony. A person may qualify as an "eligible felony offender" only if the person is not a repeat violent offender according to the definition set forth in section 2929.01 of the Revised Code, and is not required to initially serve a mandatory prison term. (I) Proposal: A "proposal" is the written plan to establish a community-based correctional facility and program submitted by the facility governing board of a single county or district which must be approved by the division of parole and community services prior to placement of any person to a community-based correctional facility and program. (J) American correctional association: The "American Correctional Association" is an international correctional association that develops, promulgates and implements standards for correctional agencies/facilities. (K) Evidence-based practices: "Evidence based practices" are principles and practices that research has shown to be effective. (L) Design standards: "Design standards" are standards for the construction and renovation of community- based correctional facilities. (M) Authorized entity: An "authorized entity" is the legal entity authorized by law to refer or commit an eligible felony offender to a community-based correctional facility.
Last updated March 24, 2023 at 11:31 AM
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Rule 5120:1-14-02 | Eligibility requirements for community based correctional facilities and programs.
Effective:
December 15, 2006
(A) This rule establishes the minimum eligibility requirements that must be met by participating counties for establishing single county or district community-based correctional facilities and programs. (B) Single county community-based facilities and programs: (1) Any county desiring to establish a single county community-based correctional facility and program must be within a county whose population is two hundred thousand or more. (2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code. (3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code. (4) Each facility governing board must develop, adopt and submit to the division of parole and community services a proposal for the development, implementation, and operation of a community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code. (5) Prior to approval by the division of parole and community services of a proposal establishing a community-based correctional facility and program which has been submitted by the facility governing board, no person can be sentenced or referred to the facility or program. (C) District community-based facilities and programs: (1) Two or more adjoining or neighboring counties desiring to establish a district community-based correctional facility and program must have an aggregate population of two hundred thousand or more. (2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code. (3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code. (4) Each district facility governing board must develop, adopt, and submit to the division of parole and community services a proposal for the development, implementation, and operation of a district community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code. (5) Prior to approval by the division of parole and community services of a proposal to establish a district community-based correctional facility and program which has been submitted by the facility governing board, no person can be referred or sentenced to the facility or program. (D) Each facility governing board must specify in the proposal, in order to receive division of parole and community services funds for the maintenance, implementation, and operation of a community-based corrections program a clear obligation to reduce the number of offenders committed to state penal institutions. Proposals for the establishment of community-based correctional facilities and programs shall emphasize programming that assists the offender in the community while maintaining public safety. (E) A fiscal agent shall be designated to be responsible for the supervision of all fiscal matters related to state funds received by the facility governing board and subject to the rules set forth in division (G)(1) of section 2301.55 of the Revised Code. (F) Each facility governing board shall ensure that the community-based correctional facility and program complies with federal, state and county audit rules governing the management of funds and shall complete fiscal reports and forward to the department of rehabilitation and correction. (G) Each facility governing board shall maintain and operate facilities and programs that meet the requirements adopted in section 5120.112 of the Revised Code. (H) Each facility governing board must meet all provisions of rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and must comply with relevant local, state, and federal laws.
Last updated March 24, 2023 at 11:31 AM
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Rule 5120:1-14-03 | Requirements for facility governing boards in the operation of community based correctional facilities.
Effective:
March 22, 2021
(A) This rule sets forth the minimum
requirements of operation that must be met by each facility governing
board. (B) All programs shall have stated goals
and measurable objectives within the proposal submitted to the division of
parole and community services. Approved programs must operate in a manner
consistent with achievement of stated goals and objectives. (C) Community-based correctional
facilities and programs shall have seven-day-a-week, twenty-four-hours-a-day
supervisory coverage. (D) The community-based correctional
facility shall afford equal treatment to offenders, applicants, and staff
without discrimination as to that person's race, color, religion, sex
(including gender identity, sexual orientation, pregnancy), national origin,
age, disability, or genetic information. (E) Each facility governing board shall
have a written policy prohibiting any conflict of interest in accordance with
Ohio ethics law. (F) Each facility governing board shall
have policies and procedures which shall be available to all employees that
shall include: (1) Job description and
job qualifications; (2) Recruitment,
training, and supervision of staff; (3) Orientation of new
staff; (4) Promotional
opportunities; (5) Disciplinary policies
and procedures. (G) Community-based correctional
facilities must be constructed or modified, and maintained and operated so that
they comply with design guidelines and operating standards for community-based
correctional facilities in Ohio. (H) Each community-based correctional
facility shall be used to confine felony offenders sentenced by a court or
courts or referred by a legal entity. The facilities shall be secure and
contain any other measures necessary to ensure community safety. (I) Each community-based correctional
facility and program receiving funds from the department of rehabilitation and
correction shall comply with statistical requirements as set forth by the
division of parole and community services for the purpose of evaluating the
facility and program. (J) Each community-based correctional
facility and program shall provide a thirty-day orientation period during which
each offender is evaluated to determine placement. During the orientation
period no offender shall be released from the facility except for that
offender's medical emergency. (K) All persons who staff the
community-based correctional facility and programs, including those who receive
some or all of their salaries from state financial assistance, are not
employees of the department of rehabilitation and correction. (L) Persons hired to staff
community-based correctional facilities and programs shall be unclassified
employees of facility governing boards or contract providers. Each facility
governing board shall develop and adopt personnel policies and procedures for
hiring, promoting, demoting, suspending, and removing its
employees. (M) Each community-based correctional
facility and program shall regularly advise courts and legal entities it serves
of the availability of facilities and programs for proper sentencing decisions
and realistic evaluation of alternatives. (N) Each community-based correctional
facility and program shall maintain a case record for each individual admitted
to the facility and program which shall contain clear, concise, accurate, and
current information. The maintenance and security of individual case records
shall be the responsibility of the director of the community-based corrections
facility and program, or the director's designee.
Last updated April 8, 2021 at 12:27 PM
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Rule 5120:1-14-04 | Screening standards.
Effective:
March 22, 2021
Screening standards shall at a minimum provide for
the following: (A) A referral procedure for use by the
sentencing court or legal entity for referral or commitment to the facility and
program. The referral procedure shall include but is not limited
to: (1) A procedure for
receiving notification from the sentencing court of all felony offenders whom
have been sentenced. (2) A procedure for
receiving a presentence investigation report from the court or its probation
department. Per section 2951.03 of the Revised Code, the presentence
investigation report shall include but is not limited to the
following: (a) Present offense; (b) Criminal record; (c) Social history; (d) Present condition of the defendant. (B) A procedure for processing referred
cases which includes at a minimum the following: (1) Establishment of a
case record upon receipt of notification of a referral from the sentencing
court or legal entity. (2) Determination of
offender eligibility, per division (E) of section 2301.52 of the Revised Code
and those who may be excluded under the admission criteria specified in rule
5120:1-14-09 of the Administrative Code or by screening standards adopted by
facility governing boards. (3) A screening process
to be applied to each eligible felony offender sentenced by the court or legal
entity and referred to the program, which at a minimum must
include: (a) Information from the probation department, police
authorities, criminal justice and social agencies that have had previous
contact with the offender. Review of prior juvenile and adult records contained
in the presentence investigation report. (b) The screening report for each felony offender referred by the
court or legal entity shall include but is not limited to the following
areas: (i) Present
offense; (ii) Prior offenses and
pending offenses; (iii) Family
relationships; (iv) Education; (v) Employment; (vi) Health; (vii) Drug/alcohol
history; (viii) Military; (ix) Goals of offender; (x) Identification of
other agency contact; (xi) A summary of the
screening report must be placed in the case record. (c) In addition, the screening process shall provide to the
offender a description of the community-based correctional facility and its
program. (C) A procedure for presenting the written recommendation to the
courts and legal entities it serves.
Last updated April 8, 2021 at 12:27 PM
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Rule 5120:1-14-05 | Application and fiscal management for facility governing boards.
Effective:
March 22, 2021
(A) Application: Applications for state financial assistance to establish, maintain
and operate a community-based correctional facility and program shall be
submitted to the division of parole and community services of the department of
rehabilitation and correction. (B) Fiscal management The fiscal management rules prescribe the
procedures with which applicants receiving state financial assistance must
comply during the period of agreement. (1) Terms and
conditions: (a) Applicants agree to operate the program as outlined in the
application submitted by the facility governing board and as approved by the
division of parole and community services, department of rehabilitation and
correction. The application shall contain proposed budget expenditures, by
category, for the total cost of operating the facility and program for the time
frame designated by the bureau of community sanctions. (b) Funding shall be paid by the department of rehabilitation and
correction to the applicant and shall be specified in the grant
agreement. (c) Quarterly payments shall be made by the department of
rehabilitation and correction for the period of the agreement. This process
shall continue until the total grant award has been expended. (2) Personnel
services: (a) The only positions which will be funded are those set forth
in the application. Changes in number of positions created, filled, or vacated
during the grant period require prior approval of the bureau of community
sanctions, division of parole and community services. (b) Persons employed under a grant are not employees of the
department of rehabilitation and correction. (3) Expenses: (a) Expenditures of state funds may be used to operate the
program as submitted and approved by the division of parole and community
services. (b) Expenditures must comply with guidelines established by the
division of parole and community services and are consistent with federal,
state and local laws. (4) Payment and
accounting: (a) Payments made under the grant agreement shall be made to
county auditors or for deposit with county treasurers as designated in writing
by the facility governing board. (b) There shall be no direct payment of state funds by the
department of rehabilitation and correction to any individual or private
entity. (c) The applicant shall maintain adequate records itemizing all
expenses paid with grant funds. Such records shall be open to inspection at any
time by the department of rehabilitation and correction, the auditor of state
or agents appointed by the auditor during and after the grant
period.
Last updated April 8, 2021 at 12:27 PM
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Rule 5120:1-14-06 | Proposals for community based correctional facility programs.
Effective:
March 22, 2021
(A) The director of the department of
rehabilitation and correction shall provide local facility governing boards
with technical assistance upon request. (B) Each proposal for a community-based
correctional facility and program shall set forth all information required by
section 2301.52 of the Revised Code. To assist facility governing boards in
developing proposals, the department sets forth the following proposal
guidelines: describe, document, and analyze the present status of the local
criminal justice system, with special attention on existing correctional
services. The use of statistical data shall include figures from the last
fiscal year. Information to be reported shall include, but not be limited to,
the following: (1) The number of
offenders, with a profile of convictions by felony level, the number sentenced
to state institutions, the number placed on community sanctions and the number
of sentences modified during the previous fiscal year. (2) A description of the
continuum of sanctions within the proposed community-based correctional
facility jurisdiction(s). With a description of how the community-based
correctional facility complements the continuum of sanctions for the
jurisdictions to be served and how it will: (a) Reduce state prison commitments. (b) Reduce the costs of incarceration in state
prison. (c) Make efficient use of limited prison space for serious
offenders. (d) Provide for public safety. (e) Provide productive offender reintegration into the
community; (f) Reduce recidivism. (3) The estimated number
of offenders that will be referred or committed to the facility and program in
the year of application. (4) Proposed treatment
programs. (5) The proposed budget
for maintaining and operating a facility and program. (6) Identification of the
county or counties establishing a facility governing board, and the names of
members of the facility governing board. (7) Stated goals and
objectives of the facility and program. (C) Facility governing boards whose
proposals and/or requests for funding are approved will be notified of approval
within sixty days of submission of the proposal. (D) Facility governing boards whose
proposals and/or requests for funding are disapproved will be notified of such
disapproval within sixty days of submission along with written
reasons. (E) When a facility governing board
wishes to significantly change the proposal during the grant period, it may do
so with written approval of the department of rehabilitation and correction.
Each request for change shall be made in writing to the bureau of community
sanctions, division of parole and community services, department of
rehabilitation and correction. The department shall respond in writing with an
approval or rejection within sixty days of such request. If any request is not
granted approval, the specific reasons for the rejection shall be stated and
alternative recommendations may be made. (F) Both facilities and program must be
in compliance with the applicable provisions of rules 5120:1-14-01 to
5120:1-14-10 of the Administrative Code as well as relevant local, state and
federal laws.
Last updated April 8, 2021 at 12:27 PM
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Rule 5120:1-14-08 | Compliance with rules of the department of rehabilitation and correction.
(A) Participating facility governing boards shall cooperate with and provide any additional information as may be required by the department of rehabilitation and correction in carrying out an ongoing evaluation of community-based correctional facilities and programs to determine the program's success and to assist the department of rehabilitation and correction in the preparation of its annual report. (B) Program evaluation: (1) The program shall be evaluated on the basis of a research design agreed upon between the department of rehabilitation and correction and applicants. (2) The applicant shall provide information as required by a management information system established by the department of rehabilitation and correction. (C) Failure to comply with rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and the agreement may be cause for the director of the department of rehabilitation and correction to withhold further funding. The reason for the intent to withhold funds shall be given in writing to the facility governing board sixty days prior to the withholding of funds. The facility governing board shall have sixty days following the receipt of such notice in which to present a petition for reconsideration to the director of the department of rehabilitation and correction. Paragraph (C) of this rule, including, but not limited to, its written notice requirement and its petition procedure, do not apply to any funding reduction imposed pursuant to paragraph (D) of rule 5120:1-14-09 of the Administrative Code.
Last updated March 24, 2023 at 11:31 AM
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Rule 5120:1-14-09 | General operating standards for community-based correctional facilities.
Effective:
March 21, 2021
(A) The Ohio department of rehabilitation
and correction ("ODRC") shall establish performance-based general
program operating standards for community-based correctional facilities
receiving funding by the department of rehabilitation through the bureau of
community sanctions. In accordance with applicable ODRC policy, community-based
correctional facility ("CBCF") compliance shall be determined by the
bureau through an annual or bi-annual program review with site visits in the
intervening years intended to monitor program progress toward compliance with
program review recommendations. Unannounced site visits may be conducted to
review specific standards at any time when there is a reason to believe that
programs may be non-compliant with established standards. (B) In addition to establishing minimum
operating expectations, bureau of community sanctions performance-based
standards shall serve as a guide to the programs to implement effective
evidence-based community corrections practices. (C) Subject to paragraphs (D) and (E) of
this rule, in addition to satisfying the general standards of operation
described in paragraph (A) of this rule, a community-based correctional
facility that is receiving funding from the department of rehabilitation and
correction shall be used to confine only those felony offenders who satisfy one
or more of the following admission criteria: (1) The offender's
risk level, as assessed using the Ohio risk assessment system, is high or
moderate; (2) The most serious
offense for which the offender is being sentenced to the community-based
correctional facility is a felony of the first degree or a felony of the second
degree; (3) The offender is being
placed in the facility for violating a condition of supervision;
or (4) The offender has one
or more community control revocations in the preceding five years. (D) The grant agreement entered into
between the department of rehabilitation and correction and the facility
governing board may identify an acceptable percentage of felony offenders
committed to the community-based correctional facility during each quarter of
the grant period that do not satisfy any of the admission criteria specified in
paragraphs (C)(1) to (C)(4) of this rule. This percentage shall be hereinafter
referred to as the "CBCF deviation cap." The CBCF deviation cap
identified in the grant agreement shall not exceed ten per cent of the total
number of offenders committed to the community-based correctional facility
during each quarter of the grant period. In establishing the CBCF deviation
cap, the department shall consider the availability of outpatient criminogenic
programming in the jurisdiction or jurisdictions served by the community-based
correctional facility. The grant agreement shall specify the amount by which
the grant amount will be reduced in accordance with paragraph (E) of this rule
if the grant recipient exceeds the CBCF deviation cap as described in that
paragraph. The commitment of the following types of
offenders to a community-based correctional facility shall not count against
the CBCF deviation cap: (1) Offenders receiving
non-residential services provided by the facility, which are funded in whole or
in part by the department. Each grant agreement shall identify the specific
non-residential services that do not count against the CBCF deviation cap under
this paragraph. (2) Offenders committed
to a facility as a condition of judicial release under section 2929.20 or
2967.19 of the Revised Code. (3) Offenders whose
initial or overridden risk level is low-moderate, as assessed using the Ohio
risk assessment system, and who are committed to the facility for programming
that is directed at specific, targeted populations. Such low-moderate offenders
include, but are not limited to, those convicted of domestic violence, sexually
oriented offenses, failure to pay child support, or those who have a
substance-related addictive disorder diagnosis from a licensed clinical
professional within the past twelve months, or a current criminal conviction or
probation violation involving the use or possession of opiates, alcohol, or
other drugs. (E) At the conclusion of every third
month in the grant period, the department shall measure a grant
recipient's compliance with any CBCF deviation cap established in the
grant agreement. In measuring that compliance, the department shall determine
the percentage of the total number of offenders committed to the
community-based correctional facility during the preceding three months who do
not satisfy any of the admission criteria specified in paragraph (C) of this
rule nor fall within one of the categories of offender excluded from the CBCF
deviation cap under paragraphs (D)(1) to (D)(3) of this rule. If that
percentage exceeds the CBCF deviation cap, the department shall promptly inform
the grant recipient that two more consecutive quarters of exceeding the CBCF
deviation cap will result in a reduction in the grant amount. In the event that
the grant recipient thereafter exceeds the CBCF deviation cap for two more
consecutive quarters, the grant amount shall be reduced as prescribed in the
grant agreement. (F) As used in this rule, "Ohio risk
assessment system" means the single validated risk assessment tool
identified in rule 5120-13-01 of the Administrative Code. "Community control revocation" means an entry journalized
by a juvenile court, municipal court, county court, county municipal court, or
court of common pleas in response to an offender's violation of a
condition of community control and through which the court imposes a longer
time under the same sanction, imposes a more restrictive sanction, or imposes a
period of incarceration in response to the violation.
Last updated April 8, 2021 at 12:27 PM
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Rule 5120:1-14-10 | Specific operating standards for community-based correctional facilities.
Effective:
March 22, 2021
The department of rehabilitation and correction is
authorized to establish specific operating standards for community-based
correctional facilities funded through the bureau of community sanctions. Such
standards shall include but not be limited to the following: (A) Governing board meeting requirements. (B) Data entry or submission upon request, possibly
including but not limited to: GED results and education level of offenders at
entry and exit. (C) Housekeeping and maintenance expectations. (D) Security and offender identification
expectations. (E) Surveillance requirements for any offender placed in
any type of restrictive housing or protective watch. (F) Prison Rape Elimination Act (PREA) Investigation and
reporting requirements.
Last updated April 8, 2021 at 12:27 PM
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