reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-62 - Operation of the federal equitable sharing fund

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-01 - Rules

Current through all regulations passed and filed through July 1, 2024
(A) The rules of the department of
			 rehabilitation and correction shall be applicable to the operation and
			 facilities of the intensive program prison, except as modified by this chapter.
			 The rules set forth in this chapter govern the administration of the
			 department's intensive program prison. In case of an apparent inconsistency
			 between the rules set forth in this chapter and other department rules, the
			 rules in this chapter shall control.
(B) Prisoners who are assigned to the
			 intensive program prison shall have access to all department and facility rules
			 pertaining to prisoner participation in this program.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-02 - Intensive program prison

Current through all regulations passed and filed through July 1, 2024
(A) The director of rehabilitation and
			 correction has established an intensive program prison that may be used for
			 eligible prisoners who the department may permit to serve their sentence at an
			 intensive program prison.
(B) The
			 intensive program prison will confine eligible prisoners for ninety days,
			 during which time the prisoner actively serves in an intensive program.
(C) The intensive program prison
			 is designed to provide an alternative to traditional incarceration for
			 prisoners who meet specified criteria in paragraphs (C), (E) and (F) of rule
			 5120-11-03
			 of the Administrative Code, when space is available and the director approves.
			 Prisoners participating in the program will follow a regimented program
			 involving a highly structured routine which may include, but is not limited to,
			 discipline, physical training and work assignments, together with
			 substance-abuse counselling, education, employment-skills training,
			 social-skills training, psychological treatment, self-improvement counseling
			 Vocational training, alcohol and other substance-abuse treatment, community
			 service and conservation work.
(D)
			 The director and the chief of the adult parole authority may delegate
			 responsibilities stated in this chapter to another person or persons or
			 designate another person or persons to perform the duties specified.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-03 - Intensive program prison eligibility and selection criteria

Current through all regulations passed and filed through July 1, 2024
(A) Selection for an intensive program prison
			 is open to any eligible prisoner in accordance with this rule, regardless of
			 race, sex, religion, age, disability or national origin. The wardens of
			 reception centers and institutions with an intensive program prison shall
			 designate staff to screen for eligibility into that program based on the
			 requirements in this rule.
(B) If
			 a court's sentencing entry specifically expresses disapproval, objection or
			 ineligibility for placement in an intensive program prison, the prisoner is
			 ineligible for such placement. If the court's sentencing entry specifically
			 expresses approval of or recommends placement in an intensive program prison,
			 or if the sentencing entry is silent regarding such placement, the prisoner
			 shall be screened for placement according to this rule. A prisoner meeting the
			 requirements of paragraph (C) of this rule shall receive an explanation of the
			 program including, if applicable, the thirty-day curriculum on motivation, in
			 order to determine the prisoner's desire to participate.
(C) A prisoner is eligible to participate in
			 the program, if he meets the applicable statutory eligibility requirements set
			 forth in paragraph (C)(1) or paragraph (C)(2) or paragraph (C)(3) of this rule.
(1) The following requirements apply to a
			 person upon whom a court imposed a term of imprisonment prior to July 1, 1996,
			 and a person upon whom a court, on or after July 1, 1996, and in accordance
			 with law existing prior to July 1, 1996, imposed a term of imprisonment for an
			 offense that was committed prior to July 1, 1996. An eligible prisoner:
(a) Has been convicted of or pleaded guilty
			 to, and has been sentenced for a felony of the third or fourth degree;
(b) Has not, during the commission
			 of that offense or the offense of indictment, caused physical harm to any
			 person, as defined in section
			 2901.01 of the Revised Code or
			 made an actual threat of physical harm to any person with a deadly weapon, as
			 defined in section 2923.11 of the Revised Code;
(c) Has not been sentenced for an
			 offense with a firearm specification;
(d) Has not been previously convicted of or
			 pleaded guilty to any felony for which, pursuant to sentence, he was confined
			 for thirty days or more in a correctional institution in this state or in a
			 similar institution in any other state or the United States;
(e) Is not less than eighteen years of age
			 nor more than thirty years of age at the time of admission to the department;
(f) Does not have a sentence of
			 actual incarceration; and
(g) Has
			 no conviction for a sex offense, as set forth in Chapter 2907. of the Revised
			 Code, as it existed prior to July 1, 1996, or any comparable offense under the
			 laws of any other state or the United States.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-05 - Disciplinary procedure

Current through all regulations passed and filed through July 1, 2024
(A) Prisoners are expected to adhere to
			 strict standards of discipline within the intensive program prison. After
			 orientation, prisoners will be expected to know and comply with the rules of
			 the program.
(B) All prisoners
			 assigned to the intensive program prison are subject to the rules, sanctions,
			 and disciplinary procedures set forth in Chapter 5120-9 of the Administrative
			 Code.
(C) Notwithstanding the
			 disciplinary process set forth in Chapter 5120-9 of the Administrative Code,
			 training alternatives may be summarily imposed for infractions of rules or
			 program requirements. The unit administrator/program supervisor shall designate
			 staff members who are authorized to immediately implement training alternatives
			 when a prisoner commits a violation of any published institutional rule as set
			 forth in paragraph (C)(1) of rule
			 5120-9-06
			 of Administrative Code. The unit administrator/program supervisor shall approve
			 any methods of alternative training to be utilized. Approved training
			 alternatives include:
(1) Extra duty
			 assignments;
(2) Physical
			 exercise;
(3) Verbal counseling;
(4) Referral to or additional
			 educational, counseling, or other program activities;
(5) Other assigned detail as appropriate.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-06 - Program structure

Current through all regulations passed and filed through July 1, 2024
(A) Intensive program prison is an
			 alternative form of correctional life stressing a highly structured and
			 regimented daily routine which includes programming and counseling. The program
			 is designed to be a resocialization and learning period, with prisoners
			 expected to participate in physical activity and self-enhancement
			 interventions.
(B) The standard
			 activity day may be from five a.m. to ten p.m. subject to revision by the unit
			 administrator or program supervisor. The daily prisoner schedule may include
			 physical training, cleaning of residence areas, a complete work day, group
			 meetings, education, substance-abuse counseling, leisure time, and training in
			 mental health, social and employment skills.
A prisoner handbook for the ninety-day imprisonment phase of
				the program shall be given to each participant for specific schedules and
				detailed explanations of programming, rules, and regulations.
The staff may instruct the prisoners in the following major
				components of the program:
(1)
			 Physical training consisting of exercise designed to develop optimum physical
			 conditioning for positive growth and health of the prisoner;
(2) Work assignments consisting of manual
			 labor which shall be productive in nature whenever possible;
(3) Substance abuse programming designed to
			 provide instruction in understanding the addiction process and the use and
			 abuse of drugs;
(4) Personal
			 development programming including, but not limited to, training in decision
			 making and in the development of social-adjustment skills; and
(5) Education geared toward the achievement
			 of verbal, writing, reading and math skills. Prisoners will be enrolled in
			 educational programs based upon individual need (i.e., adult basic education or
			 high school equivalency education).
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-07 - Program review hearings

Current through all regulations passed and filed through July 1, 2024
(A) The warden of the intensive program
			 prison shall appoint three program staff to conduct program review
			 hearings.
(B) A program review
			 hearing may be conducted when the prisoner has been referred for possible
			 involuntary termination from the program for reasons other than a rule
			 infraction as set forth in paragraphs (B)(2)(a) to (B)(2)(c) of rule
			 5120-11-08
			 of the Administrative Code. Referrals may be made by any program facility staff
			 and shall be subject to review by the unit commander/program supervisor or
			 designee to determine whether a program review hearing is warranted.
(C) The prisoner shall receive written notice
			 no less than twenty-four hours prior to the hearing. The prisoner may waive the
			 twenty-four hour advance notice. Any such waiver shall be in writing.
(D) The prisoner shall have the opportunity
			 to appear and be heard by the program review hearing committee.
(1) The prisoner shall not have the right to
			 legal counsel. The prisoner may request the assistance of a staff member in the
			 preparation of his response if he is illiterate, does not speak English, or
			 when other circumstances exist which preclude him from adequately preparing his
			 response.
(2) The prisoner may,
			 upon written request and for good cause shown, be granted additional time to
			 prepare his response.
(3) Prior to
			 the hearing, the prisoner may request witnesses. The request shall be in
			 writing and shall include an explanation of what the witnesses would state. If
			 the prisoner fails to make the request in a timely manner before the hearing,
			 the chairperson of the committee may disapprove witness requests or grant a
			 continuance for good cause shown.
(4) The prisoner may make any relevant
			 statement or produce any relevant documents in support of his
			 response.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-08 - Program removal

Current through all regulations passed and filed through July 1, 2024
(A) A prisoner's privilege to continue to
			 participate in the program may be revoked at the sole discretion of the
			 director upon the recommendation of either the program review hearing committee
			 or the rules infraction board with the warden's approval, or contract monitor's
			 approval, if applicable.
(B) As
			 provided in this paragraph a prisoner may be removed from the ninety-day
			 imprisonment phase of the program and, if so removed, shall be required to
			 serve the remainder of his sentence imposed by the sentencing court.
(1) The prisoner who desires to voluntarily
			 terminate his participation, after twenty-one days, in the program for
			 non-medical reasons shall be interviewed by the unit commander/program
			 supervisor or designee. Following the interview, the prisoner shall sign a
			 notice of voluntary termination, if he decides to be removed.
(2) The prisoner may be involuntarily
			 terminated from the program whenever it is determined that:
(a) The prisoner received an unsatisfactory
			 evaluation in a monthly review of all activities of the program as set forth in
			 paragraph (E) of rule
			 5120-11-06
			 of the Administrative Code;
(b)
			 The prisoner failed to satisfactorily complete program requirements within
			 ninety days of imprisonment, as documented by program officials;
(c) The prisoner does not meet the
			 eligibility criteria or requirements for program approval pursuant to
			 paragraphs (C), (E) and (F) of rule
			 5120-11-03
			 of the Administrative Code; or
(d)
			 The rules infraction board found the prisoner guilty of violating a
			 disciplinary rule as set forth in rule
			 5120-9-06
			 of the Administrative Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-09 - Reduction of sentence for educational achievements

Current through all regulations passed and filed through July 1, 2024
(A) Any person upon whom a court imposed a
			 term of imprisonment prior to July 1, 1996, and a person upon whom a court, on
			 or after July 1, 1996, and in accordance with law existing prior to July 1,
			 1996, imposed a term of imprisonment for an offense that was committed prior to
			 July 1, 1996, that participates in the shock incarceration program may earn a
			 reduction from his minimum or definite sentence for educational achievements in
			 the following types programs:
(1) Tutoring;
(2) General education development
			 (GED); or
(3) Adult basic literacy
			 education (ABLE) levels 1-8.
This rule does not apply to a person upon whom a court imposed
				a stated prison term for an offense committed on or after July 1, 1996.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-10 - Post-release control for intensive program prisons

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall apply to a prisoner upon
			 whom a court imposed a prison term for an offense committed on or after July 1,
			 1996. Thus rules
			 5120-11-12,
			 5120-11-13,
			 5120-11-14,
			 5120-11-15,
			 5120-11-19,
			 and
			 5120-11-20
			 of the Administrative Code, do not apply to that prisoner.
(B) The department shall terminate the stated
			 prison term of a prisoner upon the prisoner's successful completion of a
			 ninety-day period in an intensive program prison. A prisoner whose term has
			 been so terminated shall be placed under post-release control sanctions, which
			 may include a half-way house sanction, under terms imposed by the parole board
			 in accordance with rule
			 5120:1-1-41
			 of the Administrative Code.
(C) A
			 modification or a reduction of post-release control sanction(s) shall be made
			 pursuant to rule
			 5120:1-1-41
			 of the Administrative Code.
(D) A
			 prisoner who violates any post-release control sanction is subject to the
			 provisions of rules 5120:1-1-
								17 and 5120:1-1-18
			 of the Administrative Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-12 - Authority for release to intermediate transitional detention

Current through all regulations passed and filed through July 1, 2024
(A) A purpose of the shock incarceration
			 program is to provide a prisoner the means of early release to intermediate
			 transitional detention and reintegration into the outside community.
This rules does not apply to a prisoner sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) In accordance with section
			 5120.031 of the Revised Code as
			 it existed prior to July 1, 1996 and, notwithstanding any other provision
			 governing the furlough or other early release of a prisoner, upon satisfactory
			 completion of the ninety-day imprisonment phase of the shock incarceration
			 program, a prisoner should be released immediately to intermediate transitional
			 detention, to be supervised under any rule, agreement, term or condition
			 prescribed by the adult parole authority and by the department of
			 rehabilitation and correction or any of its licensed intermediate transitional
			 detention facilities. No hearing is required for such a release.
(C) Each releasee shall serve a term of
			 intermediate transitional detention of not less than thirty days and not more
			 than sixty days as determined by the director which detention may be in a
			 halfway house, in a community-based correctional facility and program or in a
			 district community-based correctional facility and program established under
			 sections 2301.51 to
			 2301.56 of the Revised Code, or
			 any other facility approved by the director that provides such detention as a
			 transition between imprisonment in a state penal institution and release from
			 imprisonment.
(D) When released to
			 intermediate transitional detention pursuant to this rule, the releasee shall
			 remain on the institution's rolls; however, the adult parole authority is
			 charged with the responsibility of supervising the releasee if he is housed in
			 a halfway house, in a community-based correctional facility and program or in a
			 district community-based correctional facility and program established under
			 sections 2301.51 to
			 2301.56 of the Revised Code, or
			 any other facility approved by the director.
(E) The releasee shall be transported by
			 department personnel from the shock incarceration unit at the correctional
			 institution to a licensed intermediate transitional detention facility
			 designated by the adult parole authority.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-13 - Intermediate transitional detention program structure

Current through all regulations passed and filed through July 1, 2024
(A) Upon release to intermediate transitional
			 detention, the licensed intermediate transitional detention facility staff and
			 adult parole authority staff will assist the releasee to commence or continue
			 to participate in self-enhancement programs which he began in the ninety-day
			 imprisonment phase of the shock incarceration program.
This rule does not apply to a prisoner sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) The adult parole authority staff and the
			 licensed intermediate transitional detention facility staff shall complete a
			 risk and needs assessment for the releasee within five days after arrival at
			 the intermediate transitional detention facility.
(C) The licensed intermediate transitional
			 detention facility staff, in cooperation with the supervising parole officer,
			 shall provide services to the releasees in accordance with the following
			 requirements:
(1) Intermediate transitional
			 detention guidelines which include, but are not limited to:
(a) Self-enhancement educational activities;
			 and
(b) Specialized counseling and
			 treatment services;
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-14 - Conditions of supervised release on intermediate transitional detention or on parole

Current through all regulations passed and filed through July 1, 2024
(A) The adult parole authority shall impose
			 upon the releasee such conditions of release on intermediate transitional
			 detention or on parole as it deems reasonably necessary to assist the releasee
			 in leading a law-abiding life during the period of supervision.
This rule does not apply to a prisoner sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) The adult parole authority shall impose
			 the following conditions of release:
(1) The
			 release shall abide by all federal, state, and local laws and ordinances and
			 all rules of the department of rehabilitation and correction or its licensed
			 facilities;
(2) The releasee shall
			 not leave the state without the written permission of the adult parole
			 authority;
(3) The releasee shall
			 comply with all lawful orders given him by duly authorized representatives of
			 the department of rehabilitation and correction or its licensed facilities,
			 which shall include any special conditions of release that may be issued orally
			 or in writing at any time during supervision;
(4) The releasee must not possess, own, use,
			 or have under his control, any firearm, deadly weapon, or dangerous ordnance;
(5) Each releasee on intermediate
			 transitional detention must be confined at the licensed intermediate
			 transitional detention facility except when the releasee is participating in an
			 approved program or is enroute between the facility and the program location.
			 each releasee on parole may be required to reside at a licensed facility or
			 other approved program facility, within the discretion of the adult parole
			 authority and under such terms and conditions established by the adult parole
			 authority;
(6) Each releasee must
			 abstain from consuming or possessing any type of alcohol or any unauthorized
			 drug or narcotic;
(7) Each
			 releasee must inform his supervising officer of any unavoidable or unusual
			 circumstances which prevent him from fulfilling his obligations under the shock
			 incarceration program; and
(8)
			 Each releasee on intermediate transitional detention shall satisfactorily
			 complete program requirements and demonstrate capability of meeting special
			 parole conditions, as established in paragraphs (E)(1) and (E)(2) of rule
			 5120-11-13
			 of the Administrative Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-15 - Revocation of supervised release on intermediate transitional detention or parole

Current through all regulations passed and filed through July 1, 2024
(A) A releasee on intermediate transitional
			 detention pursuant to rule
			 5120-11-12
			 of the Administrative Code or a parolee released on parole supervision pursuant
			 to rule
			 5120-11-19
			 of the Administrative Code who, in the judgment of the supervising parole
			 officer, violates any rule of the department of rehabilitation and correction
			 or any term or condition of release pursuant to rule
			 5120-11-14
			 of the Administrative Code or any written agreement between the releasee and
			 the department of rehabilitation and correction or its licensed facilities, may
			 be returned to a correctional institution pursuant to the same procedure as set
			 forth in rules
			 5120:1-1-17,
			 5120:1-1-18,
			 and
			 5120:1-1-21,
			 of the Administrative Code.
This rule does not apply to an inmate sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) Whenever a releasee is believed to have
			 violated any rule, agreement, term or condition of release as provided in
			 paragraph (A) of this rule, the releasee's supervising parole officer shall
			 immediately report the alleged violation, including reliable corroborative
			 evidence, to the unit supervisor.
The parole officer may decide to arrest such a releasee or may
				order any sheriff, deputy sheriff, constable, or police officer to make such an
				arrest. If an arrest is made, the parole officer shall, as soon as practical,
				notify, in writing, the superintendent of parole supervision that the releasee
				has been arrested and is in custody. This initial notice shall be followed,
				within ten business days, by a detailed written report of the reason for making
				the arrest to the superintendent of parole supervision.
(C) Within two business days after being
			 notified of the alleged violation, except as provided in paragraph (E) of rule
			 5120:1-1-31 of the
			 Administrative Code, the unit supervisor shall review the alleged violation to
			 determine whether the violation is corroborated by reliable evidence and decide
			 either:
(1) To allow the releasee to continue
			 on release and, if under arrest, to release him; or
(2) To arrest the releasee, if not already
			 arrested, and commence revocation proceedings, pursuant to the same procedure
			 as set forth in rules
			 5120:1-1-17,
			 5120:1-1-18,
			 and
			 5120:1-1-21,
			 of the Administrative Code, subject to paragraph (D) of this rule.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-19 - Authority for release to parole supervision

Current through all regulations passed and filed through July 1, 2024
(A) A purpose of the shock incarceration
			 program is to provide a releasee with an opportunity to obtain parole release
			 after serving between thirty and sixty days of intermediate transitional
			 detention.
This rule does not apply to a prisoner sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) Notwithstanding any other provision for
			 determining parole eligibility, upon satisfactory completion of intermediate
			 transitional detention, a releasee should be immediately released on parole in
			 accordance with section
			 5120.031 of the Revised Code. No
			 hearing is required for such a release. A release on parole under this rule
			 shall require that the parolee be under the supervision, which may be intensive
			 supervision, of the adult parole authority pursuant to rule
			 5120-11-20
			 of the Administrative Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-20 - Requirements for parole supervision

Current through all regulations passed and filed through July 1, 2024
(A) A parolee released from intermediate
			 transitional detention, pursuant to rule
			 5120-11-19
			 of the Administrative Code, shall serve a term of mandatory supervised release
			 during which time the parolee shall be under supervision, which may be
			 intensive supervision, by the adult parole authority for the remainder of his
			 definite or minimum sentence, and may be under supervision by the adult parole
			 authority until the expiration of the maximum term of his indefinite sentence.
This rule does not apply to a prisoner sentenced to a prison
				term for an offense committed on or after July 1, 1996.
(B) Upon release to parole supervision, the
			 adult parole authority will assist the parolee to commence or continue to
			 participate in self-enhancement programs which began in either the ninety-day
			 imprisonment phase or the intermediate transitional detention phase of the
			 shock incarceration program. The adult parole authority will utilize available
			 resources in the community to assist parolees in their rehabilitative efforts.
			 The rehabilitative concerns of the adult parole authority may address
			 programming activities which include, but are not limited to:
(1) At least twenty hours per week dedicated
			 to seeking employment. Parolees should register with the local Ohio bureau of
			 employment services within three days of their parole release and should visit
			 the employment service weekly to review available positions or utilize other
			 recommended resources in seeking employment, until employment is secured;
(2) Educational and vocational
			 training;
(3) Public service or
			 volunteer work within the community;
(4) Providing resources are available,
			 substance abuse support services or treatment should be required for any
			 parolee meeting any of the following criteria:
(a) Having a history of substance abuse;
(b) Having been convicted of a
			 drug related offense; or
(c)
			 Testing positive for substance abuse during parole supervision.
(5) Providing resources are
			 available, the supervising parole officer should arrange for substance abuse
			 testing at least once a month for the initial six months of supervision and
			 thereafter at least once every three months if the parole has no positive
			 tests. If the parolee has a positive test and has been placed in substance
			 abuse treatment programming, the supervising officer should test him at least
			 once or twice a week until the parolee successfully completes the treatment
			 program.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-21 - Notification to the sentencing court

Current through all regulations passed and filed through July 1, 2024
(A) The director shall conduct all
			 communications of the performance of program participants to the sentencing
			 court.
(B) The sentencing court
			 will be notified, in writing, when a prisoner is accepted, pursuant to rule
			 5120-11-03
			 of the Administrative Code, to participate in the program.
(C) When a prisoner is released to
			 intermediate transitional detention, or, if applicable, post-release control
			 sanction, the director shall notify, in writing, the sentencing court of the
			 prisoner's successful completion of the ninety-day imprisonment phase of the
			 program and his expected parole release date or, if applicable, the duration of
			 post-release control sanction.
(D)
			 When a participant in the program is issued one of the following certificates:
			 a certificate of expiration of the stated prison term; a certificate of
			 expiration of definite sentence; or a certificate of final release, the
			 director shall notify, in writing, the sentencing court of the persons
			 successful completion of the program.
(E) In all cases, the sentencing court shall
			 be promptly notified, in writing, of the participant's removal from the program
			 or revocation of his supervised release, as well as the nature of the violation
			 or other reason that prompted this administrative decision.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-11 - Intensive Program Prisons › Section 5120-11-22 - Eligibility to operate and manage initial intensive program prison

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall govern when the director
			 of the Ohio department of rehabilitation and correction decides to seek
			 contract proposals for the private operation and management of the initial
			 intensive program prison established pursuant to section
			 5120.033 of the Ohio revised
			 code.
This rule establishes the minimum criteria and specifications
				that a person or entity must satisfy in order to be eligible to make such a
				proposal.
(B) Any person
			 or entity that applies as a contractor to operate and manage the initial
			 intensive program prison shall satisfy one or more of the following minimum
			 criteria:
(1) At the time of the application,
			 operates and manages one or more facilities accredited by the American
			 correctional association; or
(2)
			 Meets all of the following criteria and specifications:
(a) Possess organizational qualifications
			 that includes one or more senior management staff with the following
			 experience:
(i) At least three years
			 operating and managing an adult correctional facility containing at least two
			 hundred and fifty (250) beds; and
(ii) The drafting of policy and procedures
			 and the application process for seeking accreditation of an adult correctional
			 institution from the American correctional association.
(B) Provides either annual financial
			 statements audited by independent certified public accountants demonstrating a
			 viable going concern, or if not available, other financial statements
			 demonstrating sufficient financial backing to perform the contract.
(c) Registered to do
			 business in the State of Ohio.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-01 - Establishment of a transitional control program and criteria defining eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Section
			 2967.26
			 of the Revised Code permits the adult parole authority of the department of
			 rehabilitation and correction to transfer eligible prisoners to transitional
			 control status for the purpose of closely monitoring a prisoner's adjustment to
			 community supervision during the final one hundred eighty days of the
			 prisoner's confinement. Eligible prisoners serving prison terms so transferred
			 shall be confined in a suitable facility that is licensed according to division
			 (C) of section
			 2967.14
			 of the Revised Code, or shall be confined in a residence the department has
			 approved for this purpose and be monitored by an electronic monitoring device,
			 as described in section
			 2929.01
			 of the Revised Code. The department may adopt specific policies and procedures
			 to carry out the purposes of Chapter 5120-12 of the Administrative
			 Code.
(B) It is the intent of the
			 department of rehabilitation and correction to establish a transitional control
			 program to achieve the following goals:
(1) To
			 make effective use of the limited number of prison beds available by utilizing
			 halfway house facility beds or by monitoring with an electronic monitoring
			 device at approved residences for prisoners who are screened as appropriate for
			 transfer to transitional control status.
(2) To provide a controlled, transitional
			 period for screened prisoners to improve their education, vocational skills, or
			 employability and to re-establish family ties and community support by the
			 gradual reentry of prisoners into their home communities in a self-sufficient
			 and productive manner.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-03 - Transfer, transportation, and conditions of supervision

Current through all regulations passed and filed through July 1, 2024
(A) The
			 transitional control program section of the bureau of community sanctions shall
			 have the following responsibilities:
(1)
			 Notify the institutional records office manager concerning the status of each
			 approved prisoner for transfer;
(2)
			 Coordinate the transfer and transportation of the prisoner with the prison
			 institution, and the halfway house facility to which the prisoner will be
			 confined;
(3) In the case of a
			 prisoner sentenced for an offense committed before July 1, 1996, the bureau of
			 community sanctions shall refer the case back to the parole board for
			 reconsideration in the event of newly discovered evidence; institutional
			 disciplinary infractions subsequent to the transfer approval; input from the
			 victim; or for any reason when the transfer would be contrary to law or when
			 the transfer would be inconsistent with the purposes of transitional control.
			 In any event, whenever the prisoner is not transferred, but referred back to
			 the parole board for reconsideration, the prisoner shall be notified of the
			 reasons for the referral in writing.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-04 - Electronic monitoring of prisoners

Current through all regulations passed and filed through July 1, 2024
(A) Prisoners on transitional control may be
			 confined, pursuant to division (A)(1) of section
			 2967.26 of the Revised Code, in
			 a residence approved for this purpose and/or be monitored by an electronic
			 monitoring device in an approved residence.
(B) After an appropriate length of stay,
			 prisoners confined in a halfway house under transitional control may be moved
			 to an approved residence and placed on electronic monitoring to complete their
			 period of transitional control. The decision to place a prisoner on electronic
			 monitoring in this manner shall be made by the supervising authority.
			  This paragraph shall not be construed to prohibit the
			 transfer of a prisoner directly to electronically monitored home confinement in
			 appropriate circumstances.
(C)
			 Prior to placement of prisoners on an electronic monitoring device at a
			 residence, the appropriate supervision unit of the adult parole authority or
			 halfway house designee shall investigate the residence at which the prisoner
			 proposes to reside to determine whether it is suitable. For the residence to be
			 approved as suitable, it must meet all of the following:
(1) The owner or the tenant of the property
			 has signed a host agreement verifying their consent to the conditions below:
(a) The prisoner may reside at the residence.
(b) The supervising
			 authority, or employees of the monitoring center may enter the residence to
			 ensure that the equipment is operating properly.
(c) They will not
			 permit any firearm, dangerous ordinance, or dangerous weapon to be kept, stored
			 at or brought onto the premises during the time the prisoner on transitional
			 control is residing there.
(d) The supervising
			 authority may search the residence in which a prisoner
			 on electronic monitoring resides when the officer has a reasonable belief that
			 conditions of supervision have been violated or are about to be violated.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-05 - Supervision fees, disbursement of earnings, and administration of the transitional control fund

Current through all regulations passed and filed through July 1, 2024
(A) The adult parole authority may require a
			 prisoner who is transferred to transitional control, including prisoners placed
			 on an electronic monitoring device while under transitional control, to pay a
			 fee to the division of parole and community services for reasonable expenses
			 incurred in supervising or confining the prisoner while in the transitional
			 control program, in accordance with division (E) of section
			 2967.26 of the Revised Code.
(1) Payments received by the division shall
			 be deposited into the transitional control fund.
(2) A prisoner's inability to pay those
			 expenses shall not be grounds for refusing to transfer an otherwise eligible
			 prisoner to transitional control.
(3) The transitional control fund shall be
			 used solely to pay costs related to the operation of the transitional control
			 program.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-06 - Issuance of passes

Current through all regulations passed and filed through July 1, 2024
(A) The supervising authority may issue
			 passes for the temporary release from a licensed facility of prisoners
			 transferred to transitional control status for certain limited purposes in
			 accordance with division (D) of section
			 2967.26 of the Revised Code.
(B) Passes may be issued only for
			 the following purposes:
(1) To visit a dying
			 relative;
(2) To attend the
			 funeral of a relative;
(3) To
			 visit with family;
(4) To aid in
			 the prisoner's rehabilitation and facilitate successful reentry, as determined
			 by the facility director (or designee) .
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-07 - Sanctions

Current through all regulations passed and filed through July 1, 2024
(A) Whenever a
			 prisoner violates any rule or condition of the transitional control program,
			 the supervising authority shall take appropriate action in response to the
			 violation behavior. Such action may include the imposition of a sanction which
			 may range from warning the prisoner to refrain from future violation behavior
			 to referring the prisoner to a hearing for return to a state correctional
			 institution in accordance with division (F) of section
			 2967.26 of the Revised Code.
			 Parole officers, supervisors, halfway house staff and hearing officers have
			 discretion to reasonably impose various sanctions in response to violation
			 behavior. In so doing, they shall be guided by the policy and procedures
			 contained in the adult parole authority violation sanction process policy.
(B) When a prisoner on
			 transitional control status is believed to have violated any major rule or
			 condition of transitional control or major rule of the licensed facility, which
			 may warrant the revocation of transitional control release, the
			 adult parole authority shall be informed of the
			 violation by the facility as soon as possible, but no later than the next
			 business day following the violation.
(C) If the decision is made to transfer a
			 prisoner serving an indefinite sentence for a crime committed prior to July 1,
			 1996 to a state correctional institution as a sanction for a violation, a
			 hearing will be held prior to the transfer. The hearing shall be conducted by a
			 parole board hearing officer or other neutral employee of the department of
			 rehabilitation and correction and shall conform with the guidelines contained
			 in rule
			 5120:1-1-18
			 of the Administrative Code.
(D) A
			 behavioral review committee composed of halfway house staff shall review
			 alleged program rule violations by offenders sentenced for crimes committed on
			 or after July 1, 1996. After reviewing an alleged violation, the committee
			 shall make a recommendation to the bureau of community sanctions regarding the
			 offender's termination from the program and return to prison pursuant to rule
			 5120-12-08
			 of the Administrative Code. The committee shall be comprised of at least three
			 members. The chair of the committee shall be a member of the management.
Five Year Review (FYR) Dates:
				1/8/2018 and
				01/08/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 2967.26,
				5120.01
Rule
				Amplifies: 2967.26
Prior
				Effective Dates: 03/16/1998 (Emer.), 06/01/1998, 12/08/2006, 12/15/2010,
				10/24/2011
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-12 - Transitional Control Program › Section 5120-12-08 - Return to the institution for administrative reasons

Current through all regulations passed and filed through July 1, 2024
(A) A prisoner shall be removed from the
			 transitional control program without a hearing and returned to prison if any of
			 the following events occur:
(1) After
			 transfer to transitional control status, it is learned that the prisoner does
			 not meet all of the eligibility requirements set forth in rule
			 5120-12-01
			 of the Administrative Code.
(2)
			 After transfer to transitional control status, the prisoner requests to
			 voluntarily withdraw from the transitional control program.
(3) The department of rehabilitation and
			 correction obtains information that the prisoner has received an added sentence
			 or information about a conviction that makes the prisoner ineligible.
(4) A jurisdiction files with the department
			 of rehabilitation and correction a detainer for one or more unadjudicated
			 felony charges, a sentence imposed but not yet served, a parole or probation
			 violation, or any other reason which causes the bureau of community sanctions
			 to believe that the prisoner is an escape risk.
(5) A jurisdiction subpoenas a prisoner to
			 testify or appear at an out of state hearing.
(6) Circumstances arise, through no fault of
			 the prisoner, which prevents the completion of the transitional control program
			 in the community.
(7) Unacceptable
			 adjustment to the transitional control program or program rule violations
			 or any other reason deemed appropriate by the bureau of
			 community Sanctions.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-13 - Ohio Risk Assessment System › Section 5120-13-01 - Ohio risk assessment system

Current through all regulations passed and filed through July 1, 2024
(A)
								 Section
			 5120.114 of the Revised Code
			 requires the department of rehabilitation and correction to identify a single
			 validated risk assessment tool to be used by courts, probation departments, and
			 other entities to assess an adult offender's risk of reoffending and to assess
			 the offender's rehabilitative needs.
(B)
								 The department
			 of rehabilitation and correction hereby selects the Ohio risk assessment system
			 (ORAS) created by the university of cincinnati's center for criminal justice
			 research as the single validated risk assessment tool to be used for the
			 purposes described in paragraph (A) of this rule. ORAS shall remain the risk
			 assessment tool identified by the department pursuant to section
			 5120.114 of the Revised Code
			 until such time as the department amends this rule to identify a different
			 tool.
Five Year Review (FYR) Dates:
				01/28/2016 and
				01/12/2021
Promulgated
				Under: 111.15
Statutory
				Authority: 5120.01,
				5120.114
Rule
				Amplifies: 5120.114
Prior
				Effective Dates: 12/01/2011
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-14 - Certificate of Achievement and Employability › Section 5120-14-01 - Certificate of achievement and employability

Current through all regulations passed and filed through July 1, 2024
(A)
								 As used in this
			 rule:
(1)
									
			 "Cognitive or behavioral improvement programs" means evidence-based programs
			 that focus upon the thinking patterns and social skills of the offender.
(2)
									
			 "Licensing agency" has the same meaning as in section
			 2961.21 of the Revised
			 Code.