reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-10 - Life sentences

Current through all regulations passed and filed through July 1, 2024
(A) As a result of a number of amendments to
			 the Revised Code over a period of years, the provisions for diminution of
			 sentence and eligibility for parole, shock parole, employment/education
			 furlough and home furlough are affected by the language in the sentencing
			 documents (journal entries) concerning the crime and the sentence imposed as
			 well as the date on which the crime was committed. The purpose of this rule is
			 to explain diminution of sentence and eligibility for release for persons
			 serving life sentences as established by the Revised Code. This rule does not
			 expand release eligibility established by any other rule of the Administrative
			 Code.
(B) A sentence of life
			 imprisonment imposed pursuant to section
			 2929.03 of the Revised Code for
			 the offense of aggravated murder shall be presumed to be a sentence of life
			 imprisonment with parole eligibility after twenty years, subject to diminution
			 under rules
			 5120-2-05,
			 5120-2-06
								and 5120-2-07
			  of the Administrative Code,
			 unless the journal entry of the court specifies that parole eligibility is to
			 be after twenty full years or thirty full years.
(C) A prisoner serving a sentence of
			 imprisonment for life with parole eligibility after serving thirty full years
			 of imprisonment for the offense of aggravated murder with one or more of the
			 specifications enumerated in section
			 2929.04 of the Revised Code.
(1) Becomes eligible for parole consideration
			 after serving thirty full years:
(a) The
			 thirty full years are reduced by jail-time credit pursuant to rule
			 5120-2-04
			 of the Administrative Code.
(b) The
			 thirty full years are not diminished by time off for good behavior pursuant to
			 rule
			 5120-2-05
			 of the Administrative Code.
(c) The
			 thirty full years may not be reduced by days of credit earned pursuant to rules
			 5120-2-06
										and
			 5120-2-07 of the
			 Administrative Code.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-12 - Calculation of time off for good behavior for prisoners committed to the department of rehabilitation and correction on or before October 31, 1987

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided in paragraph (B) of rule
			 5120-2-05
			 of the Administrative Code, the provisions of rule
			 5120-2-05
			 of the Administrative Code apply to all persons who are confined in a state
			 correctional institution on or after November 1, 1987, regardless of the date
			 on which the person committed the offense for which he is confined. If,
			 however, the person began serving a term of imprisonment in a state
			 correctional facility before November 1, 1987, the provisions of rule
			 5120-2-05
			 of the Administrative Code apply only to the portion of the term served on and
			 after November 1, 1987.
(B) For
			 each inmate confined in a state correctional institution on or before October
			 31, 1987 who has not, as of that date, served his minimum or definite sentence
			 as diminished pursuant to section
			 2967.19 of the Revised Code, the
			 portion of his sentence that has been served as of October 31, 1987 is to be
			 diminished for time off for good behavior pursuant to the rules in effect at
			 that time.
(C) This rule does not
			 operate to extend the eligibility for parole of any inmate already committed to
			 the custody of the department of rehabilitation and correction as of the
			 effective date of this rule.
R.C. 119.032 review dates:
				01/08/2013 and
				01/08/2018
Promulgated
				Under: 111.15
Statutory Authority: 5120.01
Rule
				Amplifies: 2967.19
Prior Effective Dates:
				2/29/88
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-14 - Risk reduction sentence

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule, "nonmandatory
			 prison term" or "non-mandatory non-life felony
			 indefinite prison term" means any prison term that is not identified as a
			 mandatory prison term in the sentencing court's sentence.
(B) For each offender upon whom the
			 sentencing court has imposed a risk reduction sentence under section
			 2929.143 of the Revised Code,
			 the department shall, during the inmate's admission, calculate and record in
			 the inmate's record both of the following:
(1)
			 The date upon which the inmate will have served each mandatory prison term to
			 which the offender was sentenced, if any, and a minimum of eighty per cent of
			 the  aggregated nonmandatory
			 prison terms, non-mandatory non-life felony indefinite
			 prison terms, or any combination thereof, reduced by any jail time credit
			 to which the inmate is entitled under section
			 2967.191 of the Revised
			 Code.
(2) The date on which the
			 inmate would reach the expiration of the inmate's stated prison term
			 or the minimum of a non-mandatory non-life felony
			 indefinite prison term, reduced by any jail time credit to which the
			 inmate is entitled under section
			 2967.191 of the Revised Code,
			 but not reduced for any risk reduction programming or treatment that the inmate
			 may successfully complete during the inmate's incarceration. This date
			 represents the inmate's expected release date if the inmate does not
			 successfully complete the programming or treatment that comprise the risk
			 reduction portion of the inmate's sentence.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-2 - Determination, Reduction of Sentence › Section 5120-2-17 - Administrative release of certain prisoners

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "administrative release," "parole," and "post-release control" have the
			 same meanings as in section
			 2967.01 of the Revised
			 Code.
(B)
								The director of the department of rehabilitation and
			 correction may grant an administrative release to a prisoner who escaped from a
			 state correctional institution and whose whereabouts are unknown when both of
			 the following apply:
(1)
									The ninetieth anniversary of the prisoner's birth has
			 passed;
(2)
									At least twenty years have passed since the date on
			 which the prisoner escaped.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) A "work program" is:
(1) Any shop, department, work detail or
			 labor assignment under the direction of the department of rehabilitation and
			 correction, established for the purpose of industrial or agricultural
			 production, or for the maintenance and operation of the institution or the
			 department;
(2) Any work detail
			 created by contract with the state of Ohio, the political subdivisions of the
			 state and the public institutions of the state; or
(3) Any training, apprenticeship or
			 educational assignment approved by the department of rehabilitation and
			 correction.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-02 - Inmate labor assignments

Current through all regulations passed and filed through July 1, 2024
(A) OPI has the authority to represent the
			 department of rehabilitation and correction (hereinafter referred to in this
			 chapter as "the department") in pursuing labor opportunities and job
			 assignments for inmates as authorized and intended in division (C) of section
			 5145.16 of the Revised Code. OPI
			 may offer to provide goods or services to any public agency or private person
			 or business entity, and may enter into contracts for such goods or services.
			 OPI may utilize inmate labor in satisfying the obligations of such contracts.
			 In such event, the inmates 
								are not 
			 considered employees of the purchaser or OPI, and 
								are to be
			 compensated pursuant to rule
			 5120-3-05 of the Administrative
			 Code.
(B) The department may enter
			 into contracts with the state of Ohio, its political subdivisions, any other
			 state, any political subdivision of another state, the United States or any
			 person or private enterprise which contract will promote the employment of
			 inmates.
(C) Contracts entered into
			 pursuant to this rule will:
(1) Be made for the purpose of providing a
			 product or a service within an existing or additional OPI work program or such
			 other program as may be approved by the director of rehabilitation and
			 correction;
(2) Not provide any
			 contracting party an unfair advantage in the free market;
(3) Be reviewed by department legal staff and
			 approved by the chief of industries; and
(4) Be administered by OPI.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-03 - Work release for private employment

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to allow
			 selected inmates the opportunity to participate in programs in private industry
			 and agriculture located outside of the department's institutions.
(1) Definitions. As used in this
			 chapter:
(a) "Institution" means any state penal
			 institution, state prison, correctional or treatment facility which is under
			 the jurisdiction and control of the Ohio department of rehabilitation and
			 correction.
(b) "Correctional
			 employee" is any employee of the department of rehabilitation and
			 correction.
(c) "Inmate" means any
			 person who is imprisoned in an Ohio correctional institution. "Inmate" does not
			 mean a person who has been placed on furlough by the parole board.
(d) "Eligible inmate" means any inmate who is
			 eligible for release on parole, or an inmate who is eligible for release under
			 any provision of the Revised Code, or any inmate who is eligible pursuant to
			 paragraph (A)(3) of this rule.
(e)
			 "Work release program" means any approved program where eligible inmates may be
			 granted permission to leave the premises of an institution for a specified
			 period of time for the purpose of engaging in private employment specifically
			 approved in writing by the director of rehabilitation and correction, or
			 designee, and the superintendent of the institution in which the inmate is
			 confined. The director or managing officer, 
										will keep
			 records of all such programs or activities which have been approved by
			 him.
(f) "Conditional employer"
			 means any public agency or private person or business entity who intends to
			 enter into an employment relationship with one or more inmates and who complies
			 with all employment requirements of this rule.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-04 - Private employment inside an institution

Current through all regulations passed and filed through July 1, 2024
(A) Private employment of inmates may occur
			 as approved by the director of rehabilitation and correction. Private
			 employment will not occur inside an institution of the department unless,
			 pursuant to a written agreement, the employer complies with the provisions of
			 this rule.
(B) Public agencies or
			 private persons or business entities who intend to employ inmates for work to
			 be performed inside an institution must sign a written agreement, which
			 provides, at a minimum:
(1) The employer
			 
									supervises the performance of the work;
(2) Terms and conditions of compensation,
			 subject to rule
			 5120-3-09 of the Administrative
			 Code. Compensation 
									being paid by the employer to the inmate at a
			 specified rate and in a manner approved by the department of rehabilitation and
			 correction, consistent with rule
			 5120-3-09 of the Administrative
			 Code. The compensation earned through this program is in lieu of earnings under
			 paragraph (A) of rule
			 5120-3-08 of the Administrative
			 Code.
(3) The employer
			 is
			 responsible for any and all required benefits contributions.
(4) The employer accepts responsibility for
			 the evaluation, promotion, demotion and retention of the inmates, the
			 requirements of rule
			 5120-3-06 of the Administrative
			 Code notwithstanding.
(5) The
			 employer expressly agrees to be considered a "conditional employer" of the
			 inmate.
(6) That the eligibility of
			 the inmate may be cancelled at any time, within the discretion of the
			 department;
(7) Under no
			 circumstance will the department relinquish its obligation to provide security
			 at any place on the property of the institution;
(8) That any person may be restricted from
			 the institution property at any time in the interests of security;
(9) The department fully retains its right to
			 control and regulate the association of inmates.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-06 - Work program assignments for inmates

Current through all regulations passed and filed through July 1, 2024
(A) It is the policy of the department that
			 inmates not be assigned, transferred, or removed from a work program assignment
			 for punitive purposes, and that such assignment, transfer, or removal
			  not be related to discipline for rule
			 infractions, except insofar as infractions are job related and manifest an
			 inability on the part of the inmate to function in the job or at the job
			 location.
(B) Work program
			 assignments of inmates 
								are to be made by a committee appointed by the
			 managing officer of the institution which shall be known as the WPAC. The
			 committee should:
(1) Review the inmate's
			 supervision level status, considering all current information;
(2) Review any referrals and the
			 recommendation of the job coordinator;
(3) Initiate or continue an appropriate
			 program plan, including any appropriate job action; and
(4) Record within the unit record file notes
			 of any observed improvement or deterioration in the inmate's demonstrated
			 attitude, a statement of the recommended program plan, any orders or
			 alterations to the inmate's work program assignment, and any other comments
			 which may be appropriate.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-07 - Special labor

Current through all regulations passed and filed through July 1, 2024
(A) Inmates may be temporarily released from
			 the institution to perform special labor, either as an institutional work
			 assignment or an OPI assignment as authorized by section
			 5147.27 of the Revised Code.
			 Special labor assignments may be made when the assignment promotes the
			 rehabilitation of the inmate, serves the interests of the community, or
			 provides operational assistance to the department or another agency of the
			 state of Ohio.
(B)
								The managing officer of the institution is responsible
			 for approving all special labor assignments.
								 An inmate must be classified as
			 minimum security to be eligible for such an assignment. The managing officer
			 
								is
			 responsible to verify that appropriate transportation arrangements have
			 been made.
(C) Inmates assigned to
			 special labor are subject to the direction and control of correctional
			 employees; they are not employees of any public agency or private person or
			 business entity. Consistent with this status, inmates may receive instructions
			 from non-institutional personnel regarding work performance. Non-institutional
			 personnel may be requested to provide performance evaluations of inmates
			 assigned to special labor.
(D) When
			 an inmate is on special labor release pursuant to this rule, the inmate
			 will:
(1) Be under the direct, immediate, and
			 personal supervision and control of a correctional employee or;
(2) Be under direct, immediate, and personal
			 supervision and control of a responsible person, approved by the managing
			 officer or his designee, who is listed on the inmate's check-out
			 card;
(3) Directly and promptly
			 proceed to the destination using the approved method of transportation and
			 route, and  not deviate from the
			 purpose and destination of the release;
(4) Remain at or within the area designated
			 as the destination of the release;
(5) Obey all orders, commands, and
			 instructions of the correctional employee or the responsible person to whom the
			 inmate has been released;
(6)
			 Abstain from consuming any alcoholic beverages and nonprescribed narcotics or
			 other drugs while on release;
(7)
			 Not violate any federal or state law, or any municipal ordinance;
(8) Work diligently and display proper
			 conduct;
(9) Return to the
			 institution before or at the time scheduled for return using the approved
			 method of transportation, and  not
			 deviate from the institutional destination.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-11 - Prison employment committee

Current through all regulations passed and filed through July 1, 2024
(A) The director of the department of
			 rehabilitation and correction shall appoint a prison employment committee. The
			 committee shall consist of five persons, three of whom shall be the chief,
			 division of institutions; the chief, division of business administration; and
			 the administrator, Ohio penal industries.
(B) The committee shall actively pursue any
			 and all avenues of employment for inmates and shall consider each of the
			 following:
(1) Expansion of present Ohio
			 penal industries and agricultural work programs.
(2) Development of additional Ohio penal
			 industries and agricultural work programs.
(3) Development of additional job and/or
			 training programs within the institution.
(4) Development of contracts between Ohio
			 penal industries and the state of Ohio or its political subdivisions, other
			 states or their political subdivisions, the United States or private persons to
			 provide products and/or services.
(5) Development of work release programs.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-01 - Transfer of funds for inmates transferred to the department of mental health or department of mental retardation and developmental disabilities

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 governs those instances where any inmate of the department of rehabilitation
			 and correction is transferred to a facility operated by the department of
			 mental health or department of mental retardation and developmental
			 disabilities, following proper procedures, leading to his subsequent release to
			 parole, post release control or other status.
(B) At the time of transfer for study, the
			 inmate's personal account balance shall be reconciled and sent with him so
			 commissary privileges 
								are not 
			 lost.
(C) If the inmate is released
			 by parole or other status from an institution other than an institution of the
			 department of rehabilitation and correction, or transferred to other than the
			 inmate's parent institution, the parent institution 
								will be
			 notified by the bureau of classification in sufficient time to transfer the
			 inmate's earnings account (release fund) to the releasing
			 institution.
(D) If necessary, the
			 department of rehabilitation and correction will provide clothes for the
			 inmate's release. If the inmate desires to wear personal civilian clothing, at
			 the time of his release to parole, this clothing should be sent to the inmate
			 at the releasing agency facility.
(E) If it becomes necessary to transfer the
			 inmate back to the department of rehabilitation and correction, all monies in
			 the inmate's account shall be returned with suitable accounting records so that
			 it can be reconciled with this department's records.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-02 - Inmate funds

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Unapproved source" means any person
			 under the supervision of the department of rehabilitation and correction or any
			 other correctional agency unless approved by the managing officer, any
			 transaction the managing officer has cause to believe is for an unlawful
			 purpose, and any other source where the managing officer has cause to believe
			 the transaction is for an unlawful purpose, including, but not limited to,
			 fraud, extortion, blackmail, dealing and gambling. For purposes of funds sent
			 by any source and checks sent by inmates pursuant to paragraph (C) of this
			 rule, an "unapproved source" also means any person not on the inmate's
			 tentatively approved visiting list.
(2) When referring to funds, "approved form,"
			 means a certified check, cashier's check, money order, check drawn upon the
			 account of a governmental agency or when available, wire or electronic
			 transfer. All money orders and checks must be legible, include the inmate's
			 number and a return address, and be signed by the sender.
(3) When referring to funds, "unapproved
			 form" means currency, coin, or personal check drawn upon an account of an
			 individual, private association, firm, partnership, or corporation, or any
			 other unapproved form.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-07 - Inmate groups fiscal activities

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes procedures for
			 financial accountability of funds generated by inmate groups authorized under
			 rule 5120-9-37 of the Administrative
			 Code.
(B) Fund-raising activities
(1) In addition to any established dues for
			 those groups that are associated with state or national organizations, groups
			 may establish dues, not to exceed six dollars per year, per member, with the
			 approval of the warden or designee.
(2) Inmate groups may, with the approval of
			 the warden or designee, conduct fund-raising activities, including the sale of
			 services or merchandise, which shall not be in competition with the commissary.
			 Each group selling services or
			 merchandise is responsible for obtaining a vendor's
			 license, and sales tax must be paid in accordance with state
			 law.
(3) Inmate groups may receive
			 contributions from individuals or groups with prior approval from the warden or
			 designee. Such contributions 
									are to be made to the group to be used for the
			 group's designated purpose and  not be
			 credited to any individual.
(4) The
			 cashier 
									will account for money collected through fund-raising
			 activities.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-08 - Procedures for handling confiscated money

Current through all regulations passed and filed through July 1, 2024
(A) Any money, including but not limited to
			 cash, check, or money order, in the possession of an inmate, or any money
			 received by an inmate from an unapproved source or in an unapproved form, as
			 defined by rule
			 5120-5-02 of the Administrative
			 Code, shall be confiscated.
(B) The
			 warden or designee 
								is responsible for creating a log all confiscated
			 money by showing the amount, date received, source, and other conditions of
			 confiscation and disposition. The confiscated money 
								will then be
			 forwarded, within a reasonable time, to the sender, if known. If the sender is
			 not known after a reasonable effort, the money 
								is to be
			 disposed of on application to and order of any court having jurisdiction over
			 the institution for deposit in the inmate's industrial and entertainment fund
			 if not required as evidence in a criminal prosecution or rules infraction board
			 proceeding. When the confiscated money is no longer required as evidence, the
			 court application process should be initiated.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-11 - Employee activity funds

Current through all regulations passed and filed through July 1, 2024
(A) This rule provides guidelines for the
			 employee activity fund for each institution and adult parole authority region
			 under the jurisdiction of the department of rehabilitation and
			 correction.
(B) Subject to the
			 approval of the chief of the division of business administration, the managing
			 officer may establish an employee activity fund based upon a recommendation
			 from the institution's or adult parole authority's joint labor management
			 committee. This fund will cover all approved transactions related to income
			 from vending areas designated solely for use by employees and from employee
			 fundraisers.
(C) All funds received
			 for specific purposes such as, but not limited to, combined charitable campaign
			 and operation feed, 
								are to be shown in a subsidiary account of the
			 employee activity fund for such specific purposes and must be reflected in the
			 total balance of the employee activity fund.
(D) All disbursements from the employee
			 activity fund shall be used for purchases that provide for the benefit,
			 welfare, morale, and productivity for employees and 
								will follow
			 state purchasing guidelines.
The joint labor management committee 
									is responsible for
				submitting
									 a plan of
				expenditures for approval by the warden or designee or adult parole authority
				regional administrator or designee. At the beginning of the fiscal year, the
				plan 
									is
				to be sent to the appropriate regional deputy director or adult parole
				authority superintendent for review and then forwarded to the chief of the
				division of business administration. The chief of the division of business
				administration or designee  then
				
									will
				provide
									 the warden or regional
				administrator final notification of approval. The institution or adult parole
				authority staff shall not obligate any such funds without a plan approved by
				the chief of the division of business administration or designee.
Modifications to the approved plan 
									will follow the
				same procedure as the original plan.
Disbursements from this fund shall be made upon approval of the
				warden or adult parole authority regional administrator and the joint labor
				management committee. All expenditures in excess of five hundred dollars
				require a request for approval (DRC 1229) signed by the chief of the division
				of business administration or designee.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-12 - Facility site selection

Current through all regulations passed and filed through July 1, 2024
(A) When the director of the Ohio department
			 of rehabilitation and correction decides to seek proposals to build a facility
			 in a particular geographic region of the state, this administrative rule
			 governs the procedure to be utilized.
(B) For the purposes of this rule, "facility"
			 
								is
			 defined to include, but not to be limited to, correctional institutions,
			 technical violator centers, intensive program prisons, and halfway
			 houses.
(C) The director will
			 develop criteria to be utilized to evaluate sites under consideration. Site
			 criteria may vary depending on the size, security level or mission of the
			 proposed facility.
(D) After
			 selecting a geographic region, the director 
								will extend
			 invitations to submit proposals for the facility to political jurisdictions
			 within that area through letters to local jurisdictions, letters to elected
			 state officials, newspapers, or other appropriate means of
			 notification.
(E) A site selection
			 panel will evaluate the proposals using the criteria developed for the
			 facility, this panel may include representatives from the department of
			 rehabilitation and correction, environmental protection agency, department of
			 development, department of administrative services or other agencies as
			 selected by the director of the department of rehabilitation and
			 correction.
(F) After all proposals
			 have been evaluated by the site selection panel, a short list of sites meeting
			 all selection criteria will be developed. Sites on the short list will be then
			 invited to make presentations to the site selection panel.
(G) Upon the recommendation of the site
			 panel, the director 
								will make a final selection which best meets the
			 needs of the department of rehabilitation and correction.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-13 - Correctional healthcare services co-payment

Current through all regulations passed and filed through July 1, 2024
(A) No inmate 
								will be denied
			 needed medical treatment because of a lack of ability to pay. Inmates
			 
								will
			 receive appropriate medical care based on their present need, without regard to
			 financial status. Inmates shall be notified of the co-payment requirement
			 during orientation.
(B) For the
			 purposes of this rule, the following definitions apply:
(1) "Indigent inmate." An inmate is
			 considered indigent if, at the time of the request for medical services, the
			 inmate has earned or received less than twelve dollars during the immediately
			 preceding thirty-day period, and if the inmate's account balance has not
			 exceeded twelve dollars at any time during the immediately preceding thirty day
			 period.
(2) "Medical emergency."
			 Medical services that require an emergency trip outside the institution or an
			 admission to an infirmary.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-7 - Personnel › Section 5120-7-01 - Appointing authorities

Current through all regulations passed and filed through July 1, 2024
(A) Appointing authorities within the
			 department of rehabilitation and correction shall have authority to appoint,
			 select, promote, transfer, reinstate, reduce, discipline and remove employees
			 of the department pursuant to section
			 5120.01 of the Revised Code, and
			 in accordance with this rule. The appointing authorities within the department
			 of rehabilitation and correction shall be as follows:
(1) The director. The director shall appoint
			 all deputy directors, division chiefs, chief of the division of parole and
			 community services, managing officers, deputy wardens, executive staff, and any
			 employee with a fiduciary relationship to the director. These employees shall
			 serve in the unclassified civil service at the pleasure of the
			 director.
(2) The deputy director
			 of each 
									operation support center division or bureau. The
			 deputy director of each operation support center division or bureau shall
			 select, appoint, discipline and remove employees within their division or
			 bureau with the director's approval.
(3) The managing officer of each institution,
			 for that institution.
(4) The
			 deputy director of the division of parole and community services, for that
			 division, including the adult parole authority.
(5) The managing officer of the corrections
			 training academy for all probationary employees while attending the academy for
			 employee
			 orientation training. For the purposes of this rule, the corrections
			 training academy shall be considered an institution under the control of the
			 department.
(6) In an appointing
			 authority's absence, an appointing authority may appoint an acting appointing
			 authority who shall have the same authority to act within this rule.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-01 - Use of force

Current through all regulations passed and filed through July 1, 2024
(A) As the legal custodians of a large number
			 of potentially dangerous inmates, prison officials and employees are confronted
			 with situations in which it may be necessary to use force to control inmates or
			 respond to resistance. This rule identifies the circumstances when force may be
			 used lawfully.
(B) As used in this
			 rule and rules
			 5120-9-02
			 and
			 5120-9-03
			 of the Administrative Code:
(1) "Force" means
			 the exertion or application of a physical compulsion or constraint.
(a) The mere application and use of
			 restraints (such as handcuffs, waist or leg restraints) in connection with
			 accepted procedures such as the transport, escort or movement of an inmate
			 shall not in itself be considered a reportable use of force.
(b) The use of one's hands with minimal force
			 such as may be necessary or incidental to the application of restraints, or to
			 restrain, guide, support, or direct, etc., an inmate during procedures such as
			 the transport, escort or movement of an inmate shall not in itself be
			 considered a reportable use of force.
(c) If force, greater than minimal force, is
			 needed to overcome the physical resistance of an inmate in order to apply
			 restraints or otherwise gain control of the inmate, it shall be considered a
			 reportable use of force.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-03 - Inmate complaints of use of force where no use of force report has been made

Current through all regulations passed and filed through July 1, 2024
(A) A use of force by a staff member, as
			 defined in rule
			 5120-9-01 of the
			 Administrative Code, with no subsequent use of force report being made is
			 contrary to department policy.
(B)
			 The inspector of institutional services, (hereinafter referred to as the IIS,)
			 of each institution shall have the responsibility of investigating inmate
			 complaints of use of force by a staff member, where no report was
			 filed.
(C) In the event of a
			 complaint by an 
								incarcerated individual of use of force, where no
			 use of force report was made, the following procedure shall apply:
(1) Any 
									incarcerated
			 individual complaint of use of force, whether oral or written, received
			 by any staff member, shall be immediately forwarded to the IIS. If the
			  complaint is oral, the staff member
			 receiving the complaint shall document it in an incident report and forward a
			 copy to the IIS.
(2) Regardless of
			 the manner in which a complaint of use of force is received, the staff member
			 receiving the 
									complaint shall insure that a prompt medical
			 examination is made of the 
									incarcerated individual upon who the use of force
			 was allegedly used.
(3) Upon
			 receipt of a complaint of a use of force, the IIS shall
			 
									review
			 all available camera footage
									.
(a)
										The IIS shall
			 interview the incarcerated individual, the staff member(s) allegedly involved,
			 and any other witnesses the IIS deems necessary, unless the camera footage
			 demonstrates conclusively that a use of force did not occur.
(b)
										If camera footage
			 is available and demonstrates conclusively that force DID NOT occur, the IIS
			 may conclude their investigation without interviewing the incarcerated
			 individual or any other person and proceed to paragraph (C)(5) of this
			 rule.
(c)
										Regardless of the determination, any camera footage
			 that is reviewed shall be preserved for the same period of time as the report
			 to the warden is preserved.
(4) If the IIS determines that a use of force
			 did occur the IIS shall require that appropriate use of force reports be
			 filed.
(5) The IIS shall prepare a
			 report for the managing officer, which will include his or her
			 findings, a summary of the evidence upon which the finding was based, and any
			 and all relevant documentation, such as the 
									incarcerated
			 individual's written complaint, incident reports, and or use of force
			 reports.
(6) The managing officer
			 shall then take action consistent with rule
			 5120-9-02
			 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 5120-9-05 - Immobilizing restraints for security or administrative purposes

Current through all regulations passed and filed through July 1, 2024
(A) Immobilizing
			 security restraints may be used for the safety of persons and the security and
			 good order of the institution. Immobilizing security restraints shall never be
			 used as punishment. The use of immobilizing security restraints shall be
			 governed by this rule and rule
			 5120-9-01 of the Administrative
			 Code, except. 
								the requirements
			 of this policy will not govern nor have application in mental health
			 housing or in any use of therapeutic restraints on a seriously mentally ill
			 inmate under the supervision of healthcare treatment staff.
(B) Reports. The use of immobilizing security
			 restraints will be considered an application of force.
(1) Staff involved in placing an inmate in
			 immobilizing security restraints will document the placement as a use of force. The use
			 of force incident reports and all related documents shall be delivered to the
			 shift commander prior to the end of the shift in which the restraints were
			 applied.
(2) Institution staff who
			 recommend or authorize placement of an inmate in immobilizing security
			 restraints will document the factors related to that decision in
			 an incident report, explaining the events leading up to the application of the
			 immobilizing restraints.
(3) The
			 application of immobilizing security restraints under this policy
			 will be
			 recorded on videotape.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-07 - Conduct report and hearing officer procedures

Current through all regulations passed and filed through July 1, 2024
(A) Scope: This rule governs the procedures
			 for the issuance of a conduct report and procedures to be employed by the
			 hearing officer for determining violations of the inmate rules of conduct, as
			 described in rule
			 5120-9-06 of the Administrative
			 Code, referring conduct reports to the rules infraction board (RIB) and the
			 documentation of actions. Nothing in this rule precludes department staff from
			 referring such inmate conduct to law enforcement for prosecution as a criminal
			 offense, or the state from prosecuting such conduct as a criminal
			 offense.
(B) Report: Any department
			 employee or contractor, except those performing services under a personal
			 services contract, who has reason to believe that an inmate has violated an
			 inmate rule (or rules) of conduct may set forth such allegation on the form
			 designated for that purpose.
(1) The conduct
			 report will contain a description of the specific behavior
			 constituting each rule violation, cite the name and number of each applicable
			 rule of conduct, and be signed by the person making the conduct
			 report.
(2) The person issuing the
			 conduct report will indicate whether he or she wishes to appear
			 before the RIB when the conduct report is heard.
(3) If the inmate's behavior suggests serious
			 mental illness, the person should refer the inmate to institutional mental
			 health staff for a mental health assessment.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-08 - Disciplinary procedures for violations of inmate rules of conduct before the rules infraction board

Current through all regulations passed and filed through July 1, 2024
(A) Scope: This rule governs the procedures
			 employed before the rules infraction board for determining violations of the
			 inmate rules of conduct, as described in rule
			 5120-9-06 of the Administrative
			 Code, appealing those determinations, and the documenting of those actions.
			 Nothing in this rule precludes department staff from referring such inmate
			 conduct to law enforcement for prosecution as a criminal offense, or the state
			 from prosecuting such conduct as a criminal offense.
(B) RIB panel. The rules infraction board
			 (RIB,) shall consist of two staff members, designated by the managing officer,
			 sitting as a panel. Persons sitting on an RIB panel must have first completed
			 RIB training issued by the department's division of legal services. The RIB
			 panel has the authority to determine guilt and impose penalties for violations
			 of the inmate rules of conduct. Each panel shall consist of a chairperson, who
			 manages the hearing, and a secretary, who prepares a record of the proceedings.
			 No staff member 
								is permitted to sit as an RIB panel member who
			 wrote the report, witnessed the alleged rule violation, or participated in the
			 investigation of the alleged rule violation. A staff member assigned to an RIB
			 panel shall disqualify himself or herself from the panel if such a personal
			 interest exists.
(C) Time of
			 hearing, preliminary matters. The hearing of the rule infraction shall be held
			 within
			 seven 
								calendar days of the referral
			 to the RIB by the hearing officer,
								 unless prevented by exceptional circumstances,
			 unavoidable delays or reasonable postponements. Delays beyond seven calendar
			 days 
								should be documented in the record along with the
			 reason for the delay. Unless waived, the inmate shall be afforded twenty-four
			 hours' notice prior to the hearing. The RIB chairperson shall determine if the
			 twenty-four hour notice period has elapsed. If the required time has not
			 passed, and the inmate has not waived the time period, the chairperson must
			 postpone the hearing. Prior to the hearing, the RIB chairperson shall:
(1) If the inmate is in restrictive housing,
			 determine whether the hearing officer has provided the relevant information
			 from the inmate's restrictive housing placement mental health
			 assessments,
(2) Determine whether
			 the person who issued the conduct report has indicated a desire to appear at
			 the hearing,
(3) Make preliminary
			 rulings on any witness requests, and arrange for the presence of
			 witnesses,
(4) Ensure staff
			 assistance as appropriate,
(5)
			 Ensure all necessary forms are available and that electronic recording
			 equipment is in working order.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-09 - Limited privilege housing assignments

Current through all regulations passed and filed through July 1, 2024
(A)
								An inmate may be
			 placed in and/or transferred to a limited privilege housing assignment:
(1)
									When needed to
			 facilitate an investigation for the issuance of a conduct report, other
			 administrative action or criminal prosecution.
(2)
									Pending a hearing
			 before the RIB;
(3)
									 Pending transfer to another
			 institution;
(4)
									When the inmate has been found guilty through the
			 processes set forth in rule
			 5120-9-07
			 or
			 5120-9-08
			 of the Administrative Code for any violation of the inmate rules of conduct set
			 forth in rule
			 5120-9-06
			 of the Administrative Code; or,
(5)
									When the inmate
			 has increased in security to a new general population housing assignment, and
			 the managing officer or designee has determined a need for an initial
			 assessment and orientation period.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-10 - Restrictive housing assignments

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule and rules
			 5120-9-08 and 5120-9-11 of the Administrative
			 Code:
"Restrictive housing" means a housing placement that requires
				an inmate to be confined to a cell at least twenty-two hours per day.
Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-11.1 - Lockdown

Current through all regulations passed and filed through July 1, 2024
(A) The managing
			 officer of a correctional institution may designate all or a portion of an
			 institution to be placed in lockdown status. Such status expires after
			 twenty-four hours unless approved and extended by the director or
			 designee.
(B) Lockdown status may
			 be created whenever normal institutional operations are interrupted by exigent
			 circumstances.
(C) The level of
			 services provided to inmates in lockdown status is established by the director
			 or designee, in consultation with the managing officer, according to the nature
			 of the circumstances.
(D) If
			 lockdown status is extended then it continues until the director or designee,
			 in consultation with the managing officer, determines either another status is
			 appropriate or the exigent circumstances are concluded.