Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-02 - Use of force report and investigations

Current through all regulations passed and filed through July 1, 2024
(A) Following any reported use of force, the
			 shift supervisor shall ensure that the following reports have been completed:
(1) Each staff member who used force or who
			 witnessed any part of the use of force shall complete an incident report which
			 accurately and completely describes what he or she observed, what led up to the
			 incident and what was done to resolve the matter, and what force was used by
			 the staff member. The report form shall list the inmates on whom force was
			 used, the staff members who used force and any staff, inmate or other witnesses
			 known. The report shall be completed prior to the end of the shift, unless the
			 staff member, for good cause, is unable to do so.
(2) The shift supervisor shall obtain a
			 written statement from each inmate against whom force was used describing the
			 inmate's version of the event, and identifying any witnesses to the event. This
			 statement shall be taken as soon as possible after the incident. The shift
			 supervisor shall determine what additional witness statements are needed and,
			 in making this determination, shall take into consideration both the nature of
			 the incident and any injuries received. The inmate may refuse to make such a
			 statement, but shall make his refusal in writing and shall acknowledge that he
			 knowingly waived his opportunity to make a statement.
(3) In the event that the inmate is placed in
			 restrictive housing
									 and suspected of committing a criminal
			 offense, the warden, warden's designee, or highest ranking official on site
			 shall consult with the Ohio state highway patrol prior to interviewing the
			 inmate to coordinate the administrative investigation with any criminal
			 investigation.
(4) Medical staff
			 shall examine all individuals upon whom force was used, and any individual who
			 used force on an inmate. Medical staff shall prepare a written assessment of
			 each individual examined. Whenever a person is injured and needs medical care a
			 shift supervisor shall collect and report the names of staff and inmate
			 witnesses. If the shift supervisor was directly involved in the force incident,
			 statements shall be obtained by another supervisor not directly involved in the
			 incident.
(5) The shift supervisor
			 shall consider making a videotape or photographic record of any individual,
			 whether staff or inmate, who was or claims to have been injured during the
			 incident. In deciding to make such a record, the shift supervisor shall
			 consider:
(a) The extent of the
			 injuries;
(b) The nature of the
			 incident, even if the individual is uninjured; and
(c) Whether the injury is visible or capable
			 of being photographed.
(6) The record of injuries may be made at the
			 time of the medical assessment if doing so will not interfere with or delay the
			 delivery of necessary medical care. Such record must not include any medical
			 information apart from a description or depiction of the injury.