Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-06 - Inmate rules of conduct

Current through all regulations passed and filed through July 1, 2024
(A) The disciplinary violations defined by
			 this rule  address acts that
			 constitute an immediate and direct threat to the security or orderly operation
			 of the institution, or to the safety of its staff, visitors and inmates,
			 (including the inmate who has violated the rule), as well as other violations
			 of institutional or departmental rules or regulations.
(B) Dispositions for disciplinary rule
			 violations (henceforth, "rule violations") are defined in rules
			 5120-9-07 and
			 5120-9-08 of the Administrative
			 Code.
(C) Assault and related acts
			 rule violations: Assault and related acts, rules 1.1 through 1.6; threats,
			 rules 2.1 through 2.5; sexual misconduct, rules 3.1 through 3.8; fighting,
			 unauthorized group activity, and disturbances, rules 4.1 through 4.6;
			 resistance to authority and disrespect, rules 5.1 through 5.7; unauthorized
			 relationships, rule 6.1; lying and falsification, rules 7.1 through 7.2; escape
			 and related conduct, rules 8.1 through 8.6; weapons, rule 9.1; drugs and other
			 related matters, rules 10.1 through 10.7; gambling, dealing and other related
			 offenses, rules 11.1 through 11.4; property and contraband, rules 12.1 through
			 12.7; fire violations, rules 13.1 through 13.2; computer, telephone, mail, and
			 visiting, rules 14.1 through 14.7; tattooing and selfmutilation, rules 15.1
			 through 15.2; general provisions rules 16.1 through 16.3 as follows:
(1) Causing, or attempting to cause the death
			 of another person (DRC inmate rule of conduct no. 1.1).
(2) Hostage taking, including any physical
			 restraint of another person. (DRC inmate rule of conduct 1.2).
(3) Causing, or attempting to cause, physical
			 harm to another person. (DRC inmate rule of conduct 1.3).
(4) Throwing, expelling, or otherwise causing
			 a bodily substance to come into contact with another person. (DRC inmate rule
			 of conduct 1.4).
(5) Throwing any
			 other liquid or material on or at another person. (DRC inmate rule of conduct
			 1.5).
(6) Knowingly transmitting a
			 communicable disease to another person. (DRC inmate rule of conduct
			 1.6.
(7) Threatening bodily harm to
			 another person (with or without a weapon). (DRC inmate rule of conduct
			 2.1.
(8) Threatening harm to the
			 property of another, including state property (DRC inmate rule of conduct
			 2.2).
(9) Extortion by threat of
			 violence or other means towards another person. (DRC inmate rule of conduct
			 2.3).
(10) Use of telephone, mail,
			 electronic devices, or any form of communication to threaten, harass,
			 intimidate, or annoy another person. (DRC inmate rule of conduct
			 2.4).
(11) Intentionally grabbing
			 or touching (not sexual contact) a staff member or nonincarcerated person
			 without the consent of such person in a way likely to harass, annoy, or impede
			 the movement of such person (DRC inmate rule of conduct 2.5).
(12) Non-consensual sexual conduct with
			 another person, whether compelled by force, by threat of force, by intimidation
			 other than threat of force, or by any other circumstances evidencing a lack of
			 consent by the victim. (DRC inmate rule of conduct 3.1).
(13) Non-consensual sexual contact with
			 another person, whether compelled by force, by threat of force, by intimidation
			 other than threat of force, or by any other circumstances evidencing a lack of
			 consent by the victim. (DRC inmate rule of conduct 3.2).
(14) Consensual sexual conduct or consensual
			 sexual contact with another incarcerated person for the purpose of sexually
			 arousing or gratifying either person. (DRC inmate rule of conduct
			 3.3).
(15) Consensual romantic
			 contact with another incarcerated person including kissing and hand holding.
			 (DRC inmate rule of conduct 3.4).
(16) Non-exhibitionist seductive or obscene
			 acts. (DRC inmate rule of conduct 3.5).
(17) Indecent exposure, exhibitionistic
			 masturbation, or exhibitionist obscene acts, including but not limited to
			 masturbating while watching an individual or any sort of intentional aggression
			 towards another person in an attempt to cause threat, harm, or humiliation.
			 (DRC inmate rule of conduct 3.6).
(18) Sexual harassment- unwelcome sexual
			 advances, requests for sexual favors, or verbal comments, gestures, or actions
			 of a derogatory or offensive sexual nature by an incarcerated person toward any
			 person. (DRC inmate rule of conduct 3.7).
(19) Stalking- engaging in a pattern of
			 conduct that causes another person to reasonably fear for his or her safety or
			 to believe that the incarcerated person will cause physical harm to the other
			 person. (DRC inmate rule of conduct 3.8).
(20) Rioting or encouraging others to riot.
			 (DRC inmate rule of conduct 4.1).
(21) Engaging in or encouraging a group
			 demonstration or work stoppage. (DRC inmate rule of conduct 4.2).
(22) Engaging in unauthorized group
			 activities as set forth in paragraph (B) of rule
			 5120-9-37 of the Administrative
			 Code. (DRC inmate rule of conduct 4.3).
(23) Encouraging or creating a disturbance.
			 (DRC inmate rule of conduct 4.4).
(24) Fighting. (DRC inmate rule of conduct
			 4.5).
(25) Engaging in a group
			 fight with 4 or more incarcerated persons. (DRC inmate rule of conduct
			 4.6).
(26) Physical resistance to a
			 direct order. (DRC inmate rule of conduct 5.1).
(27) Disobedience of a direct order. (DRC
			 inmate rule of conduct 5.2).
(28)
			 Refusal to carry out a job assignment or work detail. (DRC inmate rule of
			 conduct 5.3).
(29) Refusal to carry
			 out a rehabilitative program assignment. (DRC inmate rule of conduct
			 5.4).
(30) Refusal to accept a
			 housing assignment. This rule is also referred to as "refusal to lock." (DRC
			 inmate rule of conduct 5.5).
(31)
			 Being out of place. (DRC inmate rule of conduct 5.6).
(32) Disrespect towards another person,
			 including instigation of, or perpetuating fighting. (DRC inmate rule of conduct
			 5.7).
(33) Establishing or
			 attempting to establish a person relationship with a staff member or
			 non-incarcerated person, without authorization from the managing officer,
			 including but not limited to: sending personal mail/email to such person at his
			 or her residence or another address/email address not associated with the
			 agency; making a telephone call to or receiving a telephone call from such
			 person at his or her residence or other location not associated with the
			 agency; giving to, or receiving from such person, any item, favor, or service;
			 engaging in any form of business with such person, including buying, selling,
			 or trading any item or service; and soliciting sexual conduct, sexual contact
			 or any act of a sexual nature with such person. (DRC inmate rule of conduct
			 6.1).
(34) Giving false information
			 or lying to a staff member or non-incarcerated person. (DRC inmate rule of
			 conduct 7.1).
(35) Forging,
			 possessing, or presenting forged or counterfeit documents. (DRC inmate rule of
			 conduct 7.2).
(36) Escape from
			 institution or outside custody (e.g. transport vehicle, department transport
			 officer, other court officer or law enforcement officer, outside work crew,
			 etc.). As used in this rule, escape means that the incarcerated person has
			 exited a building in which he was confined; crossed a secure institutional
			 perimeter, or walked away from or broken away from custody while outside the
			 facility. (DRC inmate rule of conduct 8.1).
(37) Removing or escaping from physical
			 restraints (handcuffs, leg irons, etc.) or any confined area within an
			 institution (cell, recreation area, strip cell, vehicle, etc.). (DRC inmate
			 rule of conduct 8.2).
(38)
			 Attempting or planning an escape. (DRC inmate rule of conduct 8.3).
(39) Tampering with any aspect of the
			 facility physical structure or security monitoring or restraining devices in
			 order to facilitate an escape (or an escape attempt). (DRC inmate rule of
			 conduct 8.4).
(40) Possession of
			 escape materials; including keys or lock picking devices (may include maps,
			 tools, ropes, material for concealing identity or making dummies, etc.). (DRC
			 inmate rule of conduct 8.5).
(41)
			 Forging, possessing, or obtaining forged, or falsified documents which purport
			 to effect release or reduction in sentence. (DRC inmate rule of conduct
			 8.6).
(42) Possession of,
			 manufacture of, or possession of plans, instructions, or formula for making a
			 weapon, ammunition, explosive or incendiary device. (DRC inmate rule of conduct
			 9.1).
(43) Unauthorized possession
			 or manufacture of drugs or another intoxicating substance (i.e. alcohol or
			 hooch). (DRC inmate rule of conduct 10.1).
(44) Unauthorized consumption of drugs or
			 another intoxicating substance (i.e. alcohol or hooch), including failing any
			 positive test for drugs or another intoxicating substance. (DRC inmate rule of
			 conduct 10.2).
(45) Procuring,
			 attempting to procure, or receiving unauthorized drugs; aiding, soliciting, or
			 collaborating with another to procure unauthorized drugs or to convey
			 unauthorized drugs into a correctional facility. (DRC inmate rule of conduct
			 10.3).
(46) Procuring, attempting
			 to procure, or receiving contraband; aiding, soliciting, or collaborating with
			 another to procure contraband or to convey contraband into a correctional
			 facility. (DRC inmate rule of conduct 10.4).
(47) Unauthorized possession of drug
			 paraphernalia. (DRC inmate rule of conduct 10.5).
(48) Misuse of authorized medication. (DRC
			 inmate rule of conduct 10.6).
(49)
			 Refusal to submit or otherwise to cooperate with any type of testing for drugs
			 or an intoxicating substance, or mandatory substance abuse sanctions. (DRC
			 inmate rule of conduct 10.7).
(50)
			 Gambling or possession of gambling paraphernalia. (DRC inmate rule of conduct
			 11.1).
(51) Dealing, conducting,
			 facilitating, or participating in any transaction, occurring in whole or in
			 part, within an institution, or involving any person for which payment of any
			 kind is made, promised, or expected. (DRC inmate rule of conduct
			 11.2).
(52) Conducting business
			 operations with any person or entity outside the institution, whether or not
			 for profit, without specific permission in writing from the managing officer.
			 (DRC inmate rule of conduct 11.3).
(53) Possession or use of money in the
			 institution. (DRC inmate rule of conduct 11.4).
(54) Stealing or embezzlement of property,
			 obtaining property by fraud or receiving stolen, embezzled, or fraudulently
			 obtained property. (DRC inmate rule of conduct 12.1).
(55) Destruction, alteration, or misuse of
			 property. (DRC inmate rule of conduct 12.2).
(56) Possession of property of another
			 incarcerated person. (DRC inmate rule of conduct 12.3).
(57) Tampering with locks or locking devices
			 in order to keep doors from locking as a nuisance or to get out of locked area
			 not for escape purposes. (DRC inmate rule of conduct 12.4).
(58) Possession or use of a cellular
			 telephone. (DRC inmate rule of conduct 12.5).
(59) Possession or use of tobacco. (DRC
			 inmate rule of conduct 12.6).
(60)
			 Possession of any other contraband, including any article knowingly possessed
			 with has been altered or for which permission has not been given (DRC inmate
			 rule of conduct 12.7).
(61) Setting
			 a fire or any unauthorized burning. (DRC inmate rule of conduct
			 13.1).
(62) Tampering with fire
			 alarms, sprinklers, or other fire suppression equipment. (DRC inmate rule of
			 conduct (13.2).
(63) Unauthorized
			 use of a telephone, mail, or electronic device. (DRC inmate rule of conduct
			 (14.1).
(64) Use of telephone,
			 mail, or electronic devices in furtherance of any criminal activity. (DRC
			 inmate rule of conduct 14.2).
(65)
			 Violation of visitation rules, including video visits. (DRC inmate rule of
			 conduct 14.3).
(66) Accessing
			 directly or through indirect means any hardware, software, or system assets
			 that are part of a local area network (LAN) or wide-area network (WAN) system
			 used in the administrative operations of the agency. (DRC inmate rule of
			 conduct 14.4).
(67) Receiving,
			 possessing, or using any storage media outside of the specific areas as
			 designated by the managing staff member/designee. (DRC inmate rule of conduct
			 14.5).
(68) The alteration of
			 authorized electrical or technology devices for unauthorized purposes. (DRC
			 inmate rule of conduct 14.6).
(69)
			 Possessing any technical documentation, in any format, that describes the
			 accessing, handling, functionality, or architecture of any hardware, software,
			 or system assets used in the administrative operations of the agency. (DRC
			 inmate rule of conduct 14.7).
(70)
			 Self-mutilation, including tattooing. (DRC inmate rule of conduct
			 15.1).
(71) Possession of devices
			 or material used for tattooing. (DRC inmate rule of conduct 15.2).
(72) Any act not otherwise set forth herein,
			 knowingly done which constitutes a threat to the security of the institution,
			 its staff, other incarcerated persons, or to the acting incarcerated person.
			 (DRC inmate rule of conduct 16.1).
(73) Attempting to commit; aiding another
			 incarcerated person in the commission of; soliciting another to commit; or
			 entering into an agreement with another to commit any of the above acts. (DRC
			 inmate rule of conduct 16.2).
(74)
			 Any violation of any published institutional rules, regulations, or procedures.
			 (DRC inmate rule of conduct 16.3).