reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-31 - Detainers

Current through all regulations passed and filed through July 1, 2024
(A) The department
			 of rehabilitation and correction shall have the authority to file a detainer
			 against an offender or otherwise cause the arrest of an offender by the
			 issuance of a detainer whenever there is reasonable cause to believe that such
			 offender has violated or is about to violate any of the terms or conditions of
			 his supervision or sanction and commits an overt act toward such
			 violation.
(B) If such offender is
			 not within the state of Ohio and has been placed under supervision or sanction
			 pursuant to the interstate compact for adult offender supervision, he
			 or she shall be returned to Ohio pursuant to such
			 act. The Extradition of Fugitives Act shall apply when the offender leaves the
			 state of Ohio without lawful authority.
(C) If such offender is within the state of
			 Ohio:
(1) In the event such offender is
			 within the lawful custody of an Ohio law enforcement agency or facility, the
			 detainer shall be filed in a manner described by the policies of the department
			 of rehabilitation and correction and the division of parole and community
			 services.
(2) In the event such
			 offender is not within the lawful custody of an Ohio law enforcement agency or
			 facility, 
									the
			 offender's arrest shall be ordered by the issuance of an arrest order to
			 the appropriate law-enforcement agency. A detainer may be issued based on the
			 adult parole authority's investigation as well as risk to the
			 community.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-33 - Release to state or federal detainer

Current through all regulations passed and filed through July 1, 2024
(A) No inmate shall be released from an
			 institution when a detainer has been placed against the inmate by lawful
			 authorities to answer for criminal charges or completion of sentence within the
			 jurisdiction of such authorities, except pursuant to this rule and:
(1) Interstate agreement on detainers,
			 section
			 2963.30
			 of the Revised Code.
(2) The
			 procedures in section
			 2941.401
			 of the Revised Code.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-34 - Return to Ohio on a detainer

Current through all regulations passed and filed through July 1, 2024
(A) An offender under adult parole authority
			 supervision who is in violation of his or her
			 conditions of supervision or sanction and is apprehended outside the state of
			 Ohio and held in the custody of an arresting or confining authority may be
			 released to an Ohio detainer, placed against such offender pursuant to rule
			 5120:1-1-31 of the
			 Administrative Code.
(B) Upon
			 receipt of notification that an offender subject to an Ohio detainer is about
			 to be released, the chief of the adult parole authority, or his
			 or her designee, in his or her discretion, shall either order the return of
			 the offender to Ohio to the supervision and custody of the department of
			 rehabilitation and correction, or, if applicable, reinstate the offender to
			 supervision or to a sanction.
(C)
			 Such offender 
								may be reinstated to
			 supervision or returned to Ohio to serve a sentence,
								 prison
			 term,
								 or  an
			 appropriate sanction. Return shall be pursuant to:
(1) The interstate compact for the
			 supervision of parolees and probationers; or
(2) The Uniform Extradition Act; or
(3) A free and voluntary waiver of
			 extradition signed by such offender.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-35 - Contracts for the transportation of inmates

Current through all regulations passed and filed through July 1, 2024
(A) The adult parole authority, in order to
			 discharge its duties under Chapters 2967. and 5149. of the Revised Code, may
			 enter into a contract with a private person or entity for the return of Ohio
			 prisoners who are the responsibility of the department of rehabilitation and
			 correction from outside of this state to a location in this state specified by
			 the adult parole authority. Pursuant to division (E) of section
			 311.29 of the Revised Code, this
			 rule is applicable to contracts entered into between a private person or entity
			 and a county sheriff, for the transportation of prisoners who are the
			 responsibility of the county sheriff.
(B) Any contract entered into under this rule
			 shall incorporate the mandatory standards expressed in this rule. Any private
			 person or entity with whom the adult parole authority contracts for the return
			 of Ohio prisoners shall maintain compliance with these standards throughout the
			 term of the contract.
(C)
			 Standards for training of employees of the private person or entity that engage
			 in the return of prisoners:
(1) Eighty hours
			 of preservice training which shall minimally include:
(a) Unarmed self defense: eight hours
(b) Use of force: four hours
(c) Restraints: four hours
(d) Non-lethal weapons: six hours
Four hours - chemical agents
Two hours - non-lethal shotgun
(e) Firearms: ten hours
(f) Transportation of prisoners: twenty hours
(g) Searches: two hours
(h) Map reading: three hours
(i) Defensive driving: four hours
(j) First-aid/cpr: eight hours
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-36 - Parole board records

Current through all regulations passed and filed through July 1, 2024
(A) Documents of the adult parole authority,
			 including the parole board, shall be subject to rule
			 5120-9-49 of the Administrative
			 Code.
(B) In addition, and subject
			 to the same limitations, the following documents of the adult parole authority,
			 including the parole board, shall be deemed public records: determinations,
			 orders, minutes, and records of attempts to provide notice to any individual or
			 entity other than a victim made by the adult parole authority including the
			 parole board, in connection with any hearing required by law or division 5120:1
			 of the Administrative Code.
(C) As
			 used in this rule "parole board record" means any record that is provided to or
			 considered by the parole board in making its decisions and any record prepared
			 by the parole board in carrying out its responsibilities under the Revised
			 Code.
(D) Notwithstanding paragraph
			 (B) of this rule, the following non-public parole board records shall be made
			 available to representatives of approved media organizations, government
			 officials, victims of any offense of commitment or a subsequent parole
			 violation, or a licensed attorney at law designated by the victim or the inmate
			 under the conditions and according to the procedures set forth in this rule:
(1) Parole board decision sheets
(2) Parole board criminal
			 history risk score when administered
(3) Hearing officer sanction
			 receipt
(4) Revocation
			 order
(5) Post-release control
			 result notification
(6) Parole
			 candidate information sheets
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-37 - Authority to carry firearms

Current through all regulations passed and filed through July 1, 2024
(A) All personnel of the adult parole
			 authority eligible by statute may carry firearms in the performance of their
			 duties with the adult parole authority as authorized by this rule.
(B) No firearms may be carried by such
			 personnel of the adult parole authority without certification as designated by
								 the chief of
			 the adult parole authority.
(C)
			 Employees must satisfy all firearm training requirements and obtain all
			 necessary firearm certifications in accordance with department policy.
(1) Employees carrying firearms shall use the
			 firearm that meets the specifications determined by the chief of the adult
			 parole authority.
(2) Employees
			 authorized to carry firearms shall use the specified ammunition supplied by the
			 agency.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-39 - Use of force

Current through all regulations passed and filed through July 1, 2024
(A) Parole officers in the exercise of their
			 legal duties as supervisors of a large number of parolees, releasees, and
			 community control offenders, some of whom have a history of aggressive violent
			 behavior, may occasionally be confronted with situations which make it
			 necessary to use force. This administrative regulation specifies the
			 circumstances under which force may be used lawfully.
(B) As used in this administrative
			 regulation:
(1) "Force" means any violence,
			 compulsion, or constraint physically exerted by any means upon or against a
			 person or thing.
(2) "Deadly force"
			 means any force which carries a substantial risk that it will proximately
			 result in the death of any person.
(3) "Physical harm to persons" means any
			 injury, illness, or other physiological impairment regardless of its gravity or
			 duration.
(4) "Serious physical
			 harm to persons" means any of the following:
(a) Any mental illness or condition of such
			 gravity as would normally require hospitalization or prolonged psychiatric
			 treatment.
(b) Any physical harm
			 which carries a substantial risk of death.
(c) Any physical harm which involves some
			 permanent incapacity, whether partial or total, or which involves some
			 temporary, substantial incapacity.
(d) Any physical harm which involves some
			 permanent disfigurement or which involves some temporary, serious
			 disfigurement.
(e) Any physical
			 harm which involves acute pain of such duration as to result in substantial
			 suffering, or which involves any degree or prolonged or intractable
			 pain.
(5) "Risk" means a
			 significant possibility, as contrasted with a remote possibility, that a
			 certain result may occur or that certain circumstances may exist.
(6) "Substantial risk" means a strong
			 possibility, as contrasted with a remote or significant possibility, that a
			 certain result may occur or that certain circumstances may exist.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-40 - Medical release

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Imminent danger of death" means that the
			 inmate has a medically diagnosable condition that will cause death to occur
			 within a short period of time. "Within a short period of time" means generally
			 within six months.
(2) "Medically
			 incapacitated" means any diagnosable medical condition, including mental
			 dementia and severe, permanent medical or cognitive disability, that prevents
			 the inmate from completing activities of daily living without significant
			 assistance, that incapacitates the inmate to the extent that institutional
			 confinement does not offer additional restrictions, that is likely to continue
			 throughout the entire period of parole, and that is unlikely to improve
			 noticeably. "Medically incapacitated" does not include conditions related
			 solely to mental illness unless the mental illness is accompanied by injury,
			 disease, or organic defect.
(3)
			 "Terminal illness" means a condition that satisfies all of the following
			 criteria:
(a) The condition is irreversible
			 and incurable and is caused by disease, illness, or injury from which the
			 inmate is unlikely to recover;
(b)
			 In accordance with reasonable medical standards and a reasonable degree of
			 medical certainty, the condition is likely to cause death to the inmate within
			 twelve months;
(c) Institutional
			 confinement of the inmate does not offer additional protections for public
			 safety or against the inmate's risk to reoffend.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-41 - Standards for imposing, modifying and reducing post-release control

Current through all regulations passed and filed through July 1, 2024
(A)
								The parole board shall review journal entries of
			 offenders sentenced to a prison term for an offense committed on or after July
			 1, 1996, to determine if post-release control sanction(s) will be imposed and
			 in effect upon the prisoner's release from imprisonment. Post-release control
			 will be imposed consistent with the journal entry and may be modified, reduced,
			 or terminated in accordance with section
			 2967.28 of the Revised
			 Code.
(B)
								Sanctions imposed by the parole board shall be
			 commensurate with the overriding purposes of felony sentencing to protect the
			 public from future crime by the offender and others, to punish the offender,
			 and to promote the effective rehabilitation of the offender, or to accomplish
			 any other purpose authorized by section
			 2929.11 of the Revised Code.
			 Sanctions may include the enforcement of financial sanctions imposed by the
			 sentencing court.
(C)
								When imposing sanctions for post-release control, the
			 parole board shall make its determinations based on available information
			 pertaining to:
(1)
									The offender's criminal history;
(2)
									The offender's
			 conduct while imprisoned;
(3)
									Any recommendation provided by the office of victim
			 services regarding post-release control sanctions
(4)
									The results of a
			 validated risk assessment, when available.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-42 - Designation of post-release control period as favorable or unfavorable when terminated

Current through all regulations passed and filed through July 1, 2024
(A) When an offender under a period of
			 post-release control pursuant to section
			 2967.28
			 of the Revised Code has completed the period of post-release control, has the
			 period of post-release control terminated by a court pursuant to section
			 2929.141
			 of the Revised Code, or has the period of post-release control terminated by a
			 parole board hearing officer pursuant to paragraph (J) of rule
			 5120:1-1-41
			 of the Administrative Code, the adult parole authority shall classify the
			 termination of post-release control as favorable or unfavorable depending on
			 the offender's conduct and compliance with the conditions of supervision and in
			 accordance with this rule. This designation shall be considered as a relevant
			 factor in sentencing pursuant to section
			 2929.12
			 of the Revised Code if the offender is convicted of a felony offense subsequent
			 to the completion or termination of the period of post-release
			 control.
(B) An offender's
			 termination from post-release control shall be presumed to be favorable, unless
			 the adult parole authority finds that an unfavorable designation is warranted
			 under this rule. A favorable designation shall be placed on the final release
			 certificate if the requirements for an unfavorable designation under this rule
			 are not met.
(C)
								In determining whether termination from post-release
			 control is designated as unfavorable,
								
								the factors considered
			 by the adult parole authority shall
								:include any failure to comply with conditions; any failure
			 to comply with sanctions imposed in response to violation behavior; the
			 commission of any new offenses while under supervision; whether an offender has
			 exhausted all available prison sanction time; and any failure to make good
			 faith efforts to pay restitution or other financial sanctions, excluding
			 supervision fees imposed under rule
			 5120:1-1-02 of
			 the Administrative Code.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-1 - Release › Section 5120:1-1-70 - Termination of the parole board's control over sexually violent predators

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule, "offender" means a sexually violent predator who is sentenced to a
			 prison term pursuant to section
			 2971.03 of the Revised
			 Code.
(B) If a court imposes an
			 indefinite prison term consisting of a minimum term fixed by the court from
			 among the range of terms available as a definite term for the offense, and a
			 maximum term of life imprisonment, pursuant to division (A)(3) of section
			 2971.03 of the Revised Code, the
			 parole board shall determine whether to terminate its control over the
			 offender's service of the prison term pursuant to this rule. The parole board
			 may not terminate its control over an offender's service of a prison term under
			 this rule until after the offender has served the minimum term imposed as part
			 of the prison term and until the parole board has determined that the offender
			 does not represent a substantial risk of physical harm to others.
(C) As part of any determination pursuant to
			 this rule, the parole board shall not consider the adequacy of the punishment
			 imposed by the sentencing court. The parole board shall limit its consideration
			 to determining whether the offender represents a substantial risk of physical
			 harm to others.
(D) Prior to any
			 review and determination by the parole board, the department shall prepare,
			 pursuant to section 5120.61 of the Revised Code, a
			 report that contains its risk assessment for the offender or, if a risk
			 assessment report previously has been prepared, an update of the most recent
			 risk assessment and report.
(E) The
			 parole board chair or designee shall 
								assign a parole board member to review the
			 offender's case after the offender has served the minimum term imposed by the
			 court. The 
								parole board member shall determine whether to
			 recommend that the parole board conduct a hearing to consider terminating
			 control over the offender's service of the prison term. In making its
			 determination, the 
								parole board member shall consider the most
			 recent risk assessment and report prepared by the department as set forth in
			 paragraph (D) of this rule.
(F) In
			 addition to the report as set forth in paragraph (E) of this rule, the panel
			 may consider the following:
(1) The transcript
			 of the proceedings held pursuant to section
			 2971.02 of the Revised Code, at
			 which the court or the jury determined the sexually violent predator
			 specification.
(2) Any pre-sentence
			 investigation or offender background investigation reports that were prepared
			 following the offender's conviction of the offense relating to the sexually
			 violent predator specification.
(3)
			 Any other information the 
									parole board member deems appropriate.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-01 - Contracting and payment reimbursement for offenders placed in halfway houses

Current through all regulations passed and filed through July 1, 2024
(A) General policy
The department of rehabilitation and correction ("department"),
				through the division of parole and community services ("division"), may enter
				into the contracts for the housing of specific classes of eligible offenders
				through licensed public and private facilities (hereinafter "licensed facility"
				or "facilities").
(1) Such licensed
			 facilities shall comply with all relevant standards of the federal, state and
			 local building, fire, health and safety authorities,
			 including but not limited to sections
			 109.23 to
			 109.33 of the Revised
			 Code.
(2) Any licensed
			 facility contracting with the division is required to maintain accurate
			 financial records in a manner consistent with generally accepted accounting
			 principles and procedures
									that are available upon reasonable notice for
			 inspection and audit by representatives of the division and that disclose the
			 amounts of all income received by the licensed facility and the sources
			 thereof, and the amounts and purposes of all expenditures of the licensed
			 facility. Additionally, each licensed facility contracting with the division
			 will
			 provide the division with copies of a complete annual audit report of its
			 financial activities prepared by a reputable certified public accountant
			 licensed by the state of Ohio and any other financial data as requested by the
			 division.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-03 - Program review and site visit process

Current through all regulations passed and filed through July 1, 2024
(A) For facilities currently licensed, the
			 agency director shall be notified when the program review
			 and site visit will be conducted. Such notification shall be made no less
			 than thirty days prior to the license's expiration date.
(B) For new facilities, notification shall be
			 made after a preliminary self-reporting form has been received and
			 evaluated.
(C) Once at the licensed
			 facility, the  team conducting the
			 program
			 review or site visit shall meet with the center director to explain the
			 criteria that will be used in the program review or
			 site visit, the reason(s) for the program review or
			 site visit and any other relevant matter.
(D) The division of parole and community
			 services may conduct unannounced site
			 visitsany time after formal licensing has been granted.
			 Should the division of parole and community services conduct unannounced
			 site
			 visits, the notification requirement in paragraph (A) of this rule does
			 not apply.
(E) The agency director
			 shall make himself/herself available in the event the
			 program review
			 or site visit team has any questions or needs additional
			 information.
(F) In order for a
			 halfway house,
								 community residential center, or community transitional housing program to be
			 eligible for licensure and state assistance, the 
								agency must have operated a facility for at least
			 one year prior to making application for a license.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-06 - Halfway house licensing standards

Current through all regulations passed and filed through July 1, 2024
(A)
								The department of
			 rehabilitation and correction licenses halfway houses funded through the bureau
			 of community sanctions that comply with performance-based and program specific
			 standards for halfway houses funded as determined by the bureau of community
			 sanctions. In accordance with applicable department policy, compliance will be
			 determined by the bureau through an annual or bi-annual program review with
			 site visits in the intervening years intended to monitor program progress
			 toward compliance with program recommendations. Unannounced site visits may be
			 conducted.
(B)
								In addition to establishing minimum operating
			 expectations, bureau of community sanctions performance-based standards serve
			 as a guide to the programs to implement effective evidence-based community
			 corrective practices.
Replaces: 5120:1-3-06
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-07 - Independent housing licensing standards

Current through all regulations passed and filed through July 1, 2024
The department of rehabilitation and
			 correction will establish program specific standards for licensed facilities
			 funded through the bureau of community sanctions. In accordance with applicable
			 department policy, compliance will be determined by the bureau through an
			 annual or bi-annual program review with site visits in the intervening years
			 intended to monitor program progress toward compliance with program view
			 recommendations. Unannounced site visits may be conducted at any time.
Replaces: 5120:1-3-07
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-08 - Halfway house community control admission standards

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 rule:
(1) "Community control offender" means
			 an offender sentenced directly to a halfway house under a community control
			 sanction or placed in a halfway house as an additional sanction imposed by the
			 court upon the offender after the offender violates a condition of community
			 control.
(2) "Ohio risk assessment
			 system" means the single validated risk assessment tool identified in rule
			 5120-13-01
			 of the Administrative Code.
(3)
			 "Community control revocation" means an entry journalized by a juvenile court,
			 municipal court, county court, county municipal court, or court of common pleas
			 in response to an offender's violation of a condition of community control and
			 through which the court imposes a longer time under the same sanction, imposes
			 a more restrictive sanction, or imposes a period of incarceration in response
			 to the violation.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-3 - Adult Parole Authority Licensed Facilities › Section 5120:1-3-18 - Application process for program planner of halfway house construction projects

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes the minimum
			 eligibility requirements and procedures for a "halfway house organization" as
			 defined in section 5120.102 of the Revised Code, to
			 apply for program planning funds for a halfway house facility as defined in
			 section 5120.102 of the Revised Code,
			 constructed by the department of rehabilitation and correction, in accordance
			 with sections 5120.102 to
			 5120.105 of the Revised Code.
(B) If such funds are available,
			 the department will engage in the competitive selection process for program
			 planning of halfway house facility construction projects by eligible halfway
			 house organizations. Program planner applicants will be required to respond in
			 accordance with instruction and timelines described in the competitive
			 selection process.
(C) The
			 division of parole and community services shall review and recommend approval
			 of competitively selected applicants to the department director based on, but
			 not limited to, the following selection criteria:
(1) The program planner applicant has a site
			 and/or owns a building that is under consideration with the department as a
			 result of the halfway house organization responding to the department's request
			 for proposals to site and build a halfway house facility in accordance with
			 rule
			 5120-5-12
			 of the Administrative Code;
(2)
			 Applicant has experience planning, building, operating and managing a halfway
			 house facility;
(3) Applicant has
			 the ability to develop programs and implement services which respond to the
			 department's location priorities and target population;
(4) Applicant has knowledge and or experience
			 working with community leadership within the sites designated by the
			 department.
(5) Number of
			 personnel and amount of time that will be devoted to the project; and
(6) The ability to operate once
			 construction is completed based on, but not limited to, the following criteria:
(a) Organization's financial stability;
(b) Experience operating a
			 facility;
(c) Number of days
			 required to activate the program upon completion of the construction; and
(d) The cost of operation within
			 the contract period.
The division's recommendation shall be within the available
				capital funding.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-03 - Eligibility for subsidies; requirements for comprehensive plan and grant application for corrections services

Current through all regulations passed and filed through July 1, 2024
(A) This rule establishes the minimum
			 requirements local corrections agencies shall meet to be eligible for funding
			 from the department of rehabilitation and correction ("department") for the
			 development, implementation, and operation of a continuum of community control
			 sanctions and the procedures to apply for such funding.
(B) Each local or joint county correction's
			 planning board established pursuant to paragraphs (B) and (C) of rule
			 5120:1-5-02
			 of the Administrative Code, shall adopt within eighteen months after its
			 establishment, and periodically shall revise, a comprehensive plan as set forth
			 in this paragraph.
In order to be eligible for funds from the department, unless
				otherwise waived pursuant to rule
				5120:1-5-02
				of the Administrative Code, the planning board shall design a comprehensive
				plan for the development, implementation, and operation of corrections services
				in a county or a group of counties, which shall be included with a grant
				application as set forth in paragraph (C) of this rule. The plan shall be
				designed to accomplish all of the goals set forth in paragraph (B)(1) of this
				rule and provide all of the information required by paragraphs (B)(2), (B)(3)
				and, if applicable, (B) (4) of this rule.
(1) The goals shall be to:
(a) Unify or coordinate its corrections
			 services through consolidation, written agreements, purchase of service
			 contracts, letters of support from local criminal justice officials including
			 the appropriate regional office of the adult parole authority, or other
			 means.
(b) Improve the quality and
			 efficiency of its corrections programs and reduce the number of eligible
			 offenders committed from a county, a group of counties, or municipalities to
			 state penal institutions, and/or to local corrections agencies, during the
			 previous grant year, as applicable.
(c) Demonstrate the cost effectiveness of
			 sanctions as compared to similar sanctions in other jurisdictions and the
			 actual cost of incarceration in state penal institutions or local corrections
			 agencies for the prior fiscal year.
(d) Reduce recidivism as determined by the
			 department and the applicant.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-04 - Program participation requirements

Current through all regulations passed and filed through July 1, 2024
(A) A local or joint county corrections
			 planning board or its designee, shall have responsibilities for managing the
			 continuum of community control sanctions, including:
(1) Fiscal and operational
			 requirements;
(2) Establishing
			 programs that are consistent with paragraph (B) of rule
			 5120:1-5-03
			 of the Administrative Code.
(3)
			 Complying with all the following requirements:
(a) Relevant local, state and federal
			 laws;
(b) Relevant administrative
			 rules of the department of rehabilitation and correction
			 ("department");
(c) The
			 department's bureau of community sanctions' policies, procedures and
			  standards relating to these programs;
			 and
(d) Any terms and conditions
			 contained in the grant agreement between the county, group of counties, or
			 municipality and the department; and
(4) Working
			 cooperatively with other areas of the local criminal justice system and the
			 department.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-05 - Program monitoring and evaluation of participating counties

Current through all regulations passed and filed through July 1, 2024
(A) A local or
			 joint county corrections planning board or its designee, shall cooperate with
			 the department of rehabilitation and correction ("department") in monitoring
			 and evaluating community control sanctions funded by the department.
(B) Each program shall use the management
			 information system utilized by the department's bureau of community sanctions
			 for the collection and reporting of information related to the funded community
			 control sanction.
(C) Each program
			 shall separately report  financial
			 information according to the grant manual prescribed by
			 the department.
(D) The department's bureau of community
			 sanctions shall prepare an annual report highlighting the department's
			 community corrections act program.
(E) The department's bureau of community
			 sanctions shall evaluate the effectiveness of the program in the development
			 and implementation of the community correction act.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-06 - Subsidy awards to municipal corporations and counties

Current through all regulations passed and filed through July 1, 2024
(A) A grant
			 application submitted by a county, group of contiguous counties, or a
			 municipality shall be approved pursuant to rule
			 5120:1-5-03
			 of the Administrative Code and funded according to the following priorities:
(1) First priority shall be given to the
			 continued funding of existing community control sanctions that satisfy the
			 standards of this chapter of the Administrative Code and that are designed to
			 reduce the number of persons committed to state penal institutions and/or
			 detained in and/or committed to local corrections agencies.
(2) Second priority shall be given to new
			 community control sanctions that are designed to divert offenders committed to
			 state penal institutions or the number of persons detained in and/or committed
			 to local corrections agencies.
After a county's or municipality's grant agreement has been
				approved by the director of the department or
				designee, pursuant to paragraph (E) of rule
				5120:1-5-03
				of the Administrative Code, a county, group of counties, or municipality shall
				not shift funding between a state penal institution diversion program and a
				local corrections agency population reduction program unless approved by the
				department's bureau of community sanctions.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-08 - Standards for general program operations

Current through all regulations passed and filed through July 1, 2024
(A)
								
								The Ohio department of
			 rehabilitation and correction (ODRC) shall establish performance-based general
			 program operating standards for subsidized community correction act programs
			 funded through the bureau of community sanctions. In accordance with applicable
			 ODRC policy, compliance shall be determined by the bureau through an annual or
			 bi-annual program review with site visits in the intervening years intended to
			 monitor program progress toward compliance with program view recommendations.
			 Unannounced site visits may be conducted to review specific standards at any
			 time when there is a reason to believe that programs may be non-compliant with
			 established standards.
(B)
								In addition to
			 establishing minimum operating expectations, bureau of community sanctions
			 performance-based standards shall serve as a guide to the programs to implement
			 effective evidence-based community corrections practices.
Replaces: 5120:1-5-09
Effective: 4/8/2017
Five Year Review
				(FYR) Dates: 01/05/2017 and
				04/08/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 5120.01,
				5149.31
Rule
				Amplifies: 5149.31
Prior
				Effective Dates: 3/25/00, 7/1/02, 4/8/07,
				6/4/12
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-5 - Community Based Corrections Programs › Section 5120:1-5-10 - Probation improvement and incentive grant

Current through all regulations passed and filed through July 1, 2024
(A) A court of common pleas, municipal, or county probation department may apply
			 to the department of rehabilitation and correction for a probation improvement
			 and probation incentive grant for the purpose of adopting and administering
			 evidence-based programs, policies, projects, or practices to reduce the number
			 of  offenders on community control
			 who violate the conditions of their supervision and are incarcerated
								.
(B) To be eligible
			 for a grant, a probation department must, at a minimum, satisfy each of the
			 following:
(1) During the period of the grant,
			 the probation department must be in compliance with each requirement imposed
			 upon probation departments under sections
			 2301.27 and
			 2301.30 of the Revised Code,
			 including, but not limited to, requirements imposed in those sections relative
			 to the appointment of chief probation officers, probation officer training, and
			 the establishment of policies and procedures for the supervision of individuals
			 on community control;
(2) The
			 probation department must demonstrate that it utilizes the Ohio risk assessment
			 system in accordance with section
			 5120.114 of the Revised Code
			 
									 in the supervision of its
			 offenders; and
(3) Each program,
			 policy, project, or practice to be funded through the grant shall be aimed at
			 facilitating a reduction in the number of  offenders in the county
			 or municipality who violate the conditions of
			 their supervision and are incarcerated
									.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-7 - Bureau of Adult Detention › Section 5120:1-7-01 - Bureau responsibility and authority

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 5120.10 of the Revised Code, the
			 bureau of adult detention (hereinafter referred to as "the bureau"), is charged
			 with the investigation and supervision of county and municipal jails and
			 workhouses.
(B) The bureau
			  make on-site inspections and
			 investigations of jails in the state of Ohio. These inspections and
			 investigations may be unannounced.
(C) Inspectors employed by the bureau shall
			 have full access to include all areas of a jail during an inspection or
			 investigation, all inmates being held in the jail, and all records relating to
			 the operation of the facility. The facility's operational policies and
			 procedures and supporting documentation will be
			 consolidated into a manual and provided to the inspector upon request or
			 provided through electronic submission as required by the bureau.
(D) The inspectors employed by the bureau
			  ascertain compliance with the
			 "Standards for Jails in Ohio," contained in rules
			 5120:1-8-01 to 5120:1-12-19 of
			 the Administrative Code. It is the responsibility of the jail to provide
			 evidence of compliance with the "Standards for Jails in Ohio."
(E) The bureau may certify any jail which
			 meets the minimum standards. The bureau may provisionally certify any jail upon
			 completion of a compliance plan and the initiation of corrective action. The
			 bureau may de-certify any jail upon re-inspection or determination of
			 non-compliance. Any jail not certified or provisionally certified
			 will be
			 considered "non-certified."
(F)
			 Jail officials are required to report all data, including deaths, suicides, and
			 other critical incidents, at times and by methods determined by the
			 bureau.
(G) The bureau may make
			 such inspections and participate in such meetings as it deems necessary for the
			 proper execution of the provisions of this rule. This rule
			 will not
			 be construed as granting to the bureau the executive management
			 responsibilities of local officials.
(H) Pursuant to section
			 5120.10 of the Revised Code, the
			 department of rehabilitation and correction is required to approve, before
			 adoption by the proper officials, plans for major renovation or new
			 construction of jails, workhouses and municipal lockups.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-7 - Bureau of Adult Detention › Section 5120:1-7-02 - Glossary of terms

Current through all regulations passed and filed through July 1, 2024
(A) The term "Standards for Jails in Ohio"
			 refers to rules
			 5120:1-8-01
			 to 5120:1-12-19 of the Administrative Code. The standards apply to county
			 jails, municipal jails, regional jails and workhouses. Each such facility falls
			 within one of the following categories and is subject to the standards
			 identified within the definitions as applicable to those categories:
(1) "Full service jail": A local confinement
			 facility used primarily to detain adults for more than two hundred eighty-eight
			 hours. The standards set forth in rules
			 5120:1-8-01
			 to
			 5120:1-8-18 of the
			 Administrative Code apply to full service jails.
(2) "Twelve day facility": A local
			 confinement facility used primarily to detain adults for a maximum of two
			 hundred eighty-eight hours. The standards set forth in rules
			 5120:1-10-01
			 to
			 5120:1-10-18 of
			 the Administrative Code apply to twelve day facilities.
(3) "Twelve-hour facility": A local
			 confinement facility used primarily to detain adults for a maximum of twelve
			 hours. The standards set forth in rules
			 5120:1-12-01
			 to
			 5120:1-12-18 of
			 the Administrative Code apply to twelve-hour facilities.
(4) "Minimum security jail": A local
			 confinement facility used to detain sentenced adults for more than one hundred
			 twenty hours for a misdemeanor or a felony of the fourth or fifth degree,
			 provided the person has been classified as a minimum security risk by the jail
			 administrator or designee. The classification must include, at minimum, the
			 individual's propensity for assaultive or violent behavior and escape risk
			 based upon the offender's prior and present behaviors. The standards set forth
			 in rules
			 5120:1-8-01
			 to
			 5120:1-8-18 of the
			 Administrative Code apply to minimum security jails.
(5) "Temporary holding facility": A local
			 confinement facility used to detain arrestees for a maximum six hours for
			 processing and/or awaiting transportation. The temporary holding facility (THF)
			 may be a jail cell, but also may be an area which is designated for temporary
			 holding purposes, e.g., holding area or room.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-7 - Bureau of Adult Detention › Section 5120:1-7-03 - Introduction to minimum standards

Current through all regulations passed and filed through July 1, 2024
(A) Nothing contained in the "Minimum
			 Standards For Jails In Ohio" shall be construed to prohibit a city, county, or
			 combined city and/or county agency operating a local detention facility from
			 adopting standards and requirements governing its own employees and facilities,
			 provided that such rules meet or exceed and do not conflict with these
			 standards.
(B) Pursuant to section
			 5120.10 of the Revised Code, a
			 facility shall comply with the standards except that the
			  director of the
			 
								ODRC, or designee, may grant a variance when it
			 is determined that:
(1) Strict compliance
			 would cause unusual practical difficulties or financial hardships;
(2) Existing or alternative practices meet
			 the intent of the standards, and the granting of a variance would not seriously
			 affect the security of the facility, the supervision of inmates, or the safe,
			 healthful operation of the facility.
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-8 - Full Service Jails › Section 5120:1-8-01 - Reception and release

Current through all regulations passed and filed through July 1, 2024
Each full-service
			 jail, as defined in paragraph (A)(1) of rule
			 5120:1-7-02 of the
			 Administrative Code, will adhere to following standards regarding the reception
			 and release of inmates and implement policies and procedures, and produce
			 documentation that evidences compliance with the following standards:
(A) (Important) All inmates are legally
			 committed to the jail.
(B)
			 (Important) The arresting, transporting or committing officer is identified by
			 name and department.
(C)
			 (Important) A booking and identification record will be made of
			 every commitment that includes the following information:
(1) Time and date of commitment;
(2) Name and alias;
(3) Official charge or charges;
(4) Authority for commitment;
(5) Date of birth of inmate;
(6) Sex and race of inmate;
(7) Height and weight of inmate;
(8) Marital status of inmate;
(9) Home address and telephone number of
			 inmate;
(10) Spouse, next of kin,
			 or person to notify in case of an emergency;
(11) Social security number;
(12) Identifying characteristics (scars, or
			 marks.)
Ohio Administrative Code › Title 5120:1 - Division of Parole and Community Services › Chapter 5120:1-8 - Full Service Jails › Section 5120:1-8-02 - Classification

Current through all regulations passed and filed through July 1, 2024
(A) (Important)
			 Each full service jail shall have a written inmate classification system that
			 specifies the criteria and procedures for determining and changing the
			 classification of inmates to determine the level of custody required, special
			 needs, housing assignment and participation in programming
			 and written policies, procedures, and practice which
			 evidence compliance with the standards set forth in this rule. Each
			 minimum security jail, as defined in paragraph (A)(4) of rule
			 5120:1-7-02 of the
			 Administrative Code, will have a written inmate classification system that
			 limits inmates housed in the jail to those sentenced or transferred by order of
			 a judge for a traffic offense, misdemeanor or felony of the fourth or fifth
			 degree that are not offenses of violence as defined in division (A)(9) of
			 section 2901.01 of the Revised Code. The
			 classification system will include the
			 evaluation of each inmate to determine whether the inmate is suitable to be
			 housed in the minimum security jail. Determination to transfer an inmate from
			 the minimum security jail will be made by the jail administrator or designee
			 based on the best interests of the inmate, staff and/or the safe, secure
			 operation of the jail.
(B) Each
			 full service jail will have written policies and procedures, and
			 practices which evidence, compliance with the following standards:
(1) (Important) Male and female inmates are
			 housed separately by sight, touch and out of range of normal conversation with
			 each other.
(2) (Important) Violent
			 and non-violent inmates are not placed in the same cell or unsupervised areas
			 together.
(3) (Important) Male and
			 female inmates are supervised if placed together for purposes of programming,
			 transportation or other similar activities.
(4) (Important) Juvenile and adult inmates
			 are separated in a manner consistent with sections
			 2151.311 and
			 2152.26 of the Revised
			 Code.
(5) (Important) Jails using
			 inmate workers will evaluate and select workers based on established
			 criteria.
(6) Inmates participating
			 in work or educational release programs will be housed
			 separately from the general population.