Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-17 - Substance Use Disorder Treatment Program › Section 5120-17-01 - Establishment of a community-based substance use disorder treatment program and minimum criteria defining eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Section
			 5120.035 of the Revised Code
			 requires the department of rehabilitation and correction to establish and
			 operate a community-based substance use disorder treatment program for eligible
			 prisoners. The purpose of this program is to provide substance use disorder
			 assessment and treatment through community treatment providers to help reduce
			 substance use relapses and recidivism for eligible prisoners while preparing
			 them for reentry into the community.
(B) A prisoner transferred into the
			 community-based substance use disorder treatment program shall continue to
			 serve his or her prison term in the facility of a community treatment provider.
			 A community treatment provider must be licensed pursuant to division (C) of
			 section 2967.14 of the Revised Code and
			 must be certified by the department of mental health and addiction services
			 under section 5119.36 of the Revised Code to
			 provide substance use disorder treatment. The community treatment provider
			 shall, at a minimum, provide substance use disorder assessment and treatment
			 services in accordance with standards created and certified by the department
			 of mental health and addiction services. A prisoner placed in the
			 community-based substance use disorder treatment program shall earn days of
			 credit under section 2967.193 of the Revised Code for
			 time spent in the program.
(C) A
			 prisoner transferred into the community-based substance use disorder treatment
			 program shall retain the status of imprisoned under a sentence imposed for a
			 criminal offense. The prisoner shall remain at the community treatment provider
			 facility at all times unless authorized to leave. If authorized to leave, the
			 prisoner is required to return at the designated time. Leaving without
			 authorization or failure to return at the designated time shall be considered
			 an escape pursuant to section
			 2921.34 of the Revised Code and
			 the department of rehabilitation and correction may declare the prisoner to be
			 an escapee, stop the running of his or her sentence and request
			 prosecution.
(D) The department of
			 rehabilitation and correction may permit the prisoner to leave the community
			 treatment provider facility to which he or she is assigned for approved
			 activities. If the prisoner demonstrates satisfactory participation in the
			 program, the department of rehabilitation and correction may, pursuant to
			 division (C)(3) of section
			 5120.035 of the Revised Code and
			 pursuant to rule
			 5120-17-04 of the Administrative
			 Code, permit the prisoner to reside in the community at a residence approved by
			 the community treatment provider or adult parole authority if it is determined
			 that residing at the approved residence will help the prisoner prepare for
			 reentry into the community and will help reduce substance use relapses and
			 recidivism for the prisoner. Prisoners permitted to reside in the community at
			 an approve residence shall be monitored by an electronic monitoring
			 device.
(E) In order to be eligible
			 for transfer into the community-based substance use disorder treatment program,
			 a prisoner must meet all of the following minimum criteria:
(1) The prisoner is confined in state
			 correctional institution solely under a prison term imposed for a felony of the
			 third, fourth or fifth degree that is not an
			 offense of violence.
(2) It has been
			 determined that the person has a substance use disorder using a standardized
			 assessment tool.
(3) The prisoner has
			 not more than twelve months remaining until expiration of the prisoner's stated
			 prison term.
(4) The prisoner is
			 eighteen years of age or older.
(5) As determined by
			 the department of rehabilitation and correction, the prisoner does not show
			 signs of drug or alcohol withdrawal, does not require medical detoxification,
			 and is physically and mentally capable of uninterrupted participation in the
			 substance use disorder treatment program.
(6) The prisoner's
			 prison term was imposed by the court on or after July 1, 2015.
(7)
			 The prisoner shall not have a designated security level of level 3 or above
			 unless otherwise approved by the department of rehabilitation and
			 correction.
(8) The prisoner shall
			 not be currently confined in any institution control status as a result of any
			 disciplinary action.
(9) The prisoner shall
			 not be subject to a detainer for any sentence of imprisonment imposed but not
			 fully served, for any post-release control, parole, or probation violation, or
			 be subject to a wanted detainer or a notify detainer for any untried felony
			 charge or for any U.S. immigration action.
(10) The prisoner
			 shall not have any past or current convictions for a violation of any sex
			 offense included in Chapter 2907. of the Revised Code, except for convictions
			 for solicitation under section
			 2907.04 of the Revised Code and
			 prostitution under section
			 2907.25 of the Revised
			 Code.
(11) The prisoner has
			 not, during the current prison term, been transferred into the treatment
			 program and been removed from the program for failing to satisfactorily
			 participate in the program or due to a violation pursuant to paragraph (A)(7)
			 of rule 5120-17-08 of the Administrative
			 Code. A removal from the program during a previous prison term shall not
			 disqualify the prisoner from participation in the program during the current or
			 future prison terms.
(12) The prisoner
			 shall not have any past or current convictions for conspiracy under section
			 2923.01 of the Revised Code,
			 attempt under section
			 2923.02 of the Revised Code, or
			 complicity under section
			 2923.03 of the Revised Code,
			 where the underlying offenses are prohibited by this rule.