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 5120-9-12 - Inmates sentenced to death

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-16 - News media visits

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-17 - Incoming mail

Current through all regulations passed and filed through July 1, 2024
(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
			 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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-19 - Printed materials

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-22 - Transfer of violators

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				7/3/2019 and
				01/24/2024
Promulgated
				Under: 111.15
Statutory
				Authority: 5120.01
Rule
				Amplifies: 2967.15,
				2967.28
Prior
				Effective Dates: 08/24/1973, 12/20/1996,
				05/15/2004
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-23 - Escapes

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-24 - Incident reporting and investigation

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-26 - Use of truth verification systems for administrative investigations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-27 - Procurement of medical aids for institution inmates

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 5120.01
Prior Effective Dates: 02/16/1973, 01/13/1979,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-29 - The office of the inspector of institutional services

Current through all regulations passed and filed through July 1, 2024
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.
Replaces: 5120-9-30 (partial)
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01, 5120.06.
				5120.42
Rule Amplifies: 5120.01, 5120.06, 5120.42
Prior
				Effective Dates: 02/10/1978, 07/10/1980, 03/21/1997, 01/01/2002,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-33 - Packages and property restrictions

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-34 - Community education and work assignment time

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-37 - Inmate group activities

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-38 - Symbols of inmate groups

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 5120.01
Prior Effective Dates: 04/15/1974,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-39 - Restoration of voting rights for individuals convicted of crimes

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				7/2/2019 and
				01/18/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 5120.01
Rule
				Amplifies: 5120.01
Prior
				Effective Dates: 06/21/2013
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-40 - Inmate newspapers

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 5120.01
Prior Effective Dates: 07/01/1973, 10/11/1982,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-44 - Clergy substitute for regular, full-time state-employed clergy

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 5120.01
Prior Effective Dates: 08/24/1973,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-47 - Sanctions for filing frivolous actions

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-49 - Public records

Current through all regulations passed and filed through July 1, 2024
(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.
(7)
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-50 - Escorted inmate release for deathbed or private funeral home visit

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-51 - Internet access for incarcerated individuals

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-52 - Initial classification of inmates

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-53 - Classification committees

Current through all regulations passed and filed through July 1, 2024
(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.
Replaces: 5120-9-53
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 5120.11, 5120.16
Prior Effective Dates: 11/10/1975,
				01/01/1983, 07/18/1983, 09/04/1984, 01/08/1991,
				05/08/2006
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-55 - Contraband

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-57 - Prison nursery program and infants born during confinement

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-58 - Acquired immune deficiency syndrome

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 111.15
Statutory Authority: 2907.27, 3701.242, 3701.243,
				5120.01, 5120.16
Rule Amplifies: 2907.27, 3701.242, 3701.243,
				5120.16
Prior Effective Dates: 11/01/1989 (Emer.), 02/12/1990,
				04/01/2005
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-60 - Schedule of health care services

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-61 - Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations

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