Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-04 - Regular release reviews

Current through all regulations passed and filed through July 1, 2024
The purpose of this rule is to provide consistent guidelines
				and criteria on the release authority regular release review process.
(A) All youth shall receive a release review
			 at least thirty days prior to their MSED, unless a youth has a significant
			 amount of confinement credit, a commitment change or a revocation which
			 prohibits conducting the review within that time frame (section
			 5139.56 of the Revised Code).
			 When a youth's review cannot be held in the thirty day time requirement, it
			 shall be held upon completion of the assessment process and/or victim
			 notification process.
(B) The
			 release review shall be conducted by a panel of at least two members of the
			 release authority with at least one of the members being a board member. The
			 panel shall be conducted in person or through the use of technology.
(C) The youth shall be present for the panel
			 and shall have the opportunity to present information on his/her release
			 readiness except in cases of absentia. The youth may have an institutional
			 staff representative at the panel to provide support and assistance with the
			 process.
(D) In cases where the
			 release review panel was done in absentia, the institution shall schedule a
			 special release review panel upon the youth's return to the institution. The
			 special release review panel shall occur at the next regularly scheduled panel
			 site visit.
(E) The release review
			 panels shall be restricted to persons necessary for the orderly and fair
			 conduct of the panels and shall be conducted in a manner to respect the youth's
			 privacy.
(F) The youth's custodial
			 parent or guardian may participate in the release review panel at the
			 institution, via videoconference, webcam, videophone or telephone, as well as
			 provide written input prior to the panel.
(G) The panel shall consider all input
			 provided by the victim, the office of victim services, the court, the
			 prosecutor, the youth, the youth's family, the youth's attorney, institutional
			 staff, including the superintendent and the IDT and regional staff that was
			 received prior to the completion of the panel review.
(H) A youth shall be approved for release
			 unless one of the following occurs:
(1) There
			 is a serious incident barrier to release. The release authority designee shall
			 have carefully reviewed the submitted documentation to ensure that the
			 superintendent has approved intervention time as a sanction, the youth received
			 notification and has indicated whether or not he will appeal.
(2) There is a public safety barrier to
			 release as the youth has been determined to pose a significant public safety
			 risk for recidivism for violent and/or hurtful behavior. This shall be
			 determined by:
(a) A SAVRY or HCR-20 which
			 documents the youth's risk for violence as determined by the research- based risk assessment tool with independent clinical
			 judgment from qualified staff members; or,
(b) If the youth's risk for certain hurtful
			 conduct cannot be measured by the SAVRY or HCR-20, the likelihood of the
			 youth's recidivism is documented by other research-based assessment tool(s) in
			 conjunction with independent clinical judgment from qualified staff
			 members.
(c) The OYAS may be used
			 to inform the independent clinical judgment. However, the OYAS alone shall not
			 be sufficient to demonstrate a risk of recidivism for violent and/or harmful
			 conduct.
(3) There is a
			 treatment barrier to release. This shall be documented by
			 a request for continuance time:
(a) A written IDT report that states:
(i) The youth is in need of continued
			 treatment or rehabilitation as determined by a research-based assessment tool
			 or other instrument accepted as best practice, administered and interpreted by
			 trained institutional staff; and
(ii) Provides a detailed description of the
			 additional treatment or rehabilitative services the IDT proposes, including
			 measureable goals for the youth; and,
(iii) Provides an estimated length of time
			 the IDT believes is reasonably necessary for the youth to complete the
			 additional treatment or rehabilitative services.
(b) A conclusion that ODYS has acted
			 expeditiously to make the treatment or service available; and
(c) A conclusion that the treatment available
			 in ODYS is effective; and
(d) A
			 conclusion that the treatment or service cannot be provided safely in the
			 community.
(e) If the committing
			 court has ordered that a youth complete a sex offender treatment program while
			 in an ODYS facility, the panel may rely on the court order as sufficient
			 documentation for the treatment barrier.
(f) If the committing court does not order
			 completion of a sex offender treatment program prior to release and there is no
			 community registration requirement and effective treatment can be safely
			 provided in the community; then the treatment barrier cannot be used.
(4) The panel may deny release
			 when none of the prescribed barriers are present. An administrative override
			 will be used as the barrier to release. An administrative override requires a
			 full board and a written justification to the board chair of the release
			 authority or designee. A notification of the use of the administrative
			 override shall be provided to the director. An administrative override cannot
			 exceed a continuance of ninety days per review.
(5) The presence of a detainer shall not
			 automatically prevent a youth from being approved for release.