Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-21 - Interinstitutional transfer of inmates

Current through all regulations passed and filed through July 1, 2024
(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.