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 - Placement in a limited privilege or restrictive housing assignment pending investigation

Current through all regulations passed and filed through July 1, 2024
(A) Subject to the time frames set forth in
			 this rule, an inmate may be placed in a limited privilege housing assignment or
			 a restrictive housing assignment to facilitate an investigation for the
			 issuance of a conduct report, other administrative action or criminal
			 prosecution.
(B) Placements shall
			 not be in a restrictive housing assignment unless the inmate poses a threat or
			 danger to himself or others, to institutional property or to the security of
			 the institution, and a limited privilege housing assignment is not sufficient
			 to control the risks presented.
(C)
			 An initial placement into a restrictive housing assignment must be approved,
			 denied or modified in writing within twenty-four hours by an appropriate and
			 higher authority not included in the initial placement designated by the
			 responsible managing officer, who may extend the time of placement as set forth
			 in paragraph (D)(1) of this rule.
(D) An inmate may be held in a limited
			 privilege or restrictive housing assignment pursuant to an investigation for
			 the following periods:
(1) The initial
			 placement into a limited privilege housing assignment under paragraph (A) of
			 this rule may continue for seven calendar days from the date of placement
			 without need for additional approval. The initial approval of placement in a
			 restrictive housing assignment in paragraph (C) of this rule may be continued
			 for seven calendar days from the date of approval by the appropriate and higher
			 authority appointed by the responsible managing officer.
(2) If the investigation has not concluded at
			 the end of the initial seven calendar day period, the managing officer may
			 authorize that the inmate be held in the same housing status for an additional
			 seven days. This authorization shall be in writing with a copy sent to the
			 appropriate regional director.
(3)
			 If the investigation is not completed within this fourteen calendar day period,
			 the managing officer may request that the regional director approve retaining
			 the inmate in the same housing status for an additional seven calendar
			 days.
(4) After twenty-one calendar
			 days, upon the managing officer's request, the director or director's designee
			 may authorize holding an inmate in the same housing status for investigative
			 purposes until the completion of the investigation when,
(a) The matter under investigation involves
			 the commission or possible commission of a felony,
(b) The investigation cannot be completed
			 within twenty-one calendar days, and,
(c) Releasing the inmate to general
			 population would jeopardize the safety of the inmate or any other individual,
			 the successful completion of the investigation, or the security of the
			 institution.
The decision of the director or the director's designee shall
				be in writing and shall state the anticipated duration of the extension and the
				reason therefore. The extension may be renewed so long as the conditions
				described in this rule continue to exist.