Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-8 - Full Service Jails › Section 5120:1-8-12 - Inmate disciplinary process

Current through all regulations passed and filed through July 1, 2024
(A)
								
								(Important)  Written inmate rules shall specify
			 prohibited acts or conduct, degrees of violations, ranges of penalties and
			 disciplinary hearing procedures.
(B)
								
								(Important)  There shall be a sanctioning
			 schedule for rule violations. The jail administrator or designee shall approve
			 any penalty exceeding suspension of rights or disciplinary isolation for more
			 than one hundred twenty hours. The maximum sanction for rule violations shall
			 be no more than sixty days for violations arising out of one incident.
			 Continuous confinement for more than thirty days requires the review and
			 approval of the jail administrator or designee.
(C)
								
								(Important)  Inmate rules shall specify the
			 fundamental rights that cannot be suspended except in an emergency or other
			 condition beyond the control of the jail administrator.
(D)
								
								(Important)  Jail disciplinary measures shall not
			 include corporal punishment, discipline administered by inmates and withholding
			 food.
(E)
								
								(Important)  Each jail
			 shall have a written policy that specifies the circumstances under which a
			 disciplinary hearing is conducted.
(F)
								(Important)
			  Pre-disciplinary hearing requirements shall include,
			 at minimum a written incident report, an inmate's opportunity to waive in
			 writing the disciplinary hearing, an investigation that commences within
			 twenty-four hours of the incident to determine whether sufficient evidence
			 exists to support the charge, and written notification to the inmate of the
			 nature and date of the violation within twenty-four hours of the alleged
			 violation(s) or discovery of the alleged violation(s).
(G)
								
								(Important)  The inmate shall have a minimum
			 period of twenty-four hours after receiving written notification of the rule
			 violation(s) to prepare for the disciplinary hearing. The inmate may waive the
			 twenty-four hour period. The inmate is given a hearing within forty-eight hours
			 excluding holidays, weekends, and emergencies after receiving the written
			 notification if placed in isolation or within three business days if the inmate
			 is not placed in isolation. Postponement of the hearing may be granted.
(H)
								
								(Important)  Disciplinary hearing requirements
			 shall include an impartial hearing officer appointed by the jail administrator
			 or designee, the inmate's opportunity to be heard, present evidence and
			 question witnesses subject to limitations imposed by the hearing officer, the
			 hearing officer shall state the reasons for any limitations in writing, a
			 written statement by the hearing officer of the facts relied upon and reasons
			 for the imposition of any penalties shall be provided to the inmate and a copy
			 placed in the inmate's file, and selection by the jail administrator or
			 designee of a staff person to assist an inmate when the inmate is unable to
			 effectively communicate.
(I)
								
								(Important)  Jail
			 inmates shall be afforded an opportunity to appeal disciplinary actions to the
			 jail administrator or designee.
Replaces: 5120:1-8-12
Effective:
				4/20/2014
R.C. 119.032 review dates:
				01/10/2019
Promulgated
				Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule
				Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 6/2/86, 7/1/94,
				9/21/98, 2/21/2003