Chapter 109:2-11 Jail Training Program for Five Day Facilities

109:2-11-01 Definitions.

(A) The term "commission" means the Ohio peace officer training commission;

(B) The term "executive director" means the executive director of the Ohio peace officer training commission;

(C) The term "jailer training school commander" means the director or other head of a jailer training program which has been approved by the executive director;

(D) The term "jailer training" means the training described in rules 5120:1-10-18 and 5120:1-12-18 of the Administrative Code and other training which has been prescribed and approved by the executive director for persons described in this chapter;

(E) The term " twelve-day facility" means a local confinement facility used primarily to detain adults for a maximum of two hundred eighty-eight hours;

(F) The term "twelve-hour facility" means a local confinement facility used primarily to detain adults for a maximum of twelve hours;

(G) The term "full-time corrections officers" means those persons whose sole job is to work in the jail area with prisoners within a twelve-day facility.

(H) The term "jail support staff" has the same meaning as in rule 5120:1-7-02 of the Administrative Code .

(I) The term "staff training within a twelve-hour facility" means at least one employee per shift, and all others who have been assigned direct responsibility of custody and supervision of prisoners shall receive training.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/03

109:2-11-02 Jailer training for twelve-day and twelve-hour facilities.

(A) Who is required to complete jailer training.

(1) Those persons set out in paragraph (G) of rule 109:2-11-01 of the Administrative Code shall complete the training prescribed in paragraphs (A)(2) and (B)(2) of rule 5120:1-10-18 of the Administrative Code and any other training prescribed by the executive director during the first year of assignment.

(2) Those persons set out in paragraph (H) of rule 109:2-11-01 of the Administrative Code may complete the training prescribed in paragraph (B)(2) of rule 5120:1-10-18 of the Administrative Code and any other training prescribed by the executive director. Ohio peace officer training commission approved support staff training is optional for the local agency.

(3) Those persons set out in paragraph (I) of rule 109:2-11-01 of the Administrative Code may complete the training prescribed in paragraph (A)(2) of rule 5120:1-12-18 of the Administrative Code as follows and any other training prescribed by the executive director. Ohio peace officer training commission approved twelve-hour facility personnel training is optional for the local agency.

(B) It shall be clearly understood that the jailer training program described in this chapter is designed as a minimum program. The jailer training school commander is encouraged to exceed the minimum program wherever possible and appropriate.

(C) Instruction in such matters as departmental rules and regulations, local ordinances, personnel policies and procedures may be given entirely upon local initiative. No portion of the instructional time devoted to this training shall be credited against the hours of instruction required by rules 5120:1-10-18 and 5120:1-12-18 of the Administrative Code or by the executive director.

(D) The executive director shall specify topics, student performance objectives, and minimum hours of training to meet the training required for correctional officers/jail staff in rules 5120:1-10-18 and 5120:1-12-18 of the Administrative Code. The executive director may require topics, student performance objectives and minimum hours of training in addition to that training required for correctional officers/jail staff in rules 5120:1-10-18 and 5120:1-12-18 of the Administrative Code. The executive director may provide lesson plans to meet the above described training.

(E) After January 1, 2003, no person convicted of a felony shall be permitted to attend any portion of a training program approved by the executive director.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/2003

109:2-11-03 Approval of schools.

(A) Schools which meet all of the requirements set forth in this rule and rules 109:2-11-04 , 109:2-11-05 , and 109:2-11-07 of the Administrative Code, shall be approved by the executive director. The approval shall be given in writing.

(B) Revocation of school approval.

(1) The executive director may revoke the approval of any school for failure to maintain the minimum state standards as set forth in this rule and rules 109:2-11-04 , 109:2-11-05 , 109:2-11-07 , 109:2-11-08 , 109:2-11-09 , and 109:2-11-10 of the Administrative Code. The executive director shall notify the commander of the school in writing of this revocation and shall advise the commander that the commander may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C) Submission of school application, training calendar and enrollment information.

(1) Twenty-one calendar days prior to the start of training, the jailer training school commander shall forward to the executive director, on forms required by the executive director, an accurate complete training calendar and school application and any requests for waiver of training or credit for prior equivalent training.

(2) By the third day upon which commission required topics are presented, the jailer training school commander shall provide to the executive director, on forms required by the executive director, enrollment information for each enrollee.

(D) Enrollees, instructors, and duration of program.

Schools will not be approved that have less than five students or that extend more than three weeks unless authorized by the executive director.

R.C. 119.032 review dates: 04/10/2014 and 04/10/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 , RC 109.75
Prior Effective Dates: 10/1/1993, 6/15/1998, 10/1/2003, 05/01/2009, 05/01/2014

109:2-11-04 Approval of school commanders.

Each jailer training school commander is required to have the approval of the executive director to conduct a training program. Such approval will be based upon the submission of a notarized statement of qualifications by the person seeking approval to be designated a training school commander on a form prescribed by the executive director.

(A) Minimum qualifications for certification as a jailer training school commander shall be as follows:

(1) High school graduate or possession of a "General Education Development" certificate;

(2) Three professional references from law enforcement administrators of the rank of lieutenant or above;

(3) No convictions for a felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense.

(4) Completion of an Ohio peace officer training commission conference for jailer training school commanders.

(5) Completion of an instructor training program approved by the executive director which shall include the following: instruction in the theories of learning and adult education, teaching techniques, lesson plan development and usage, behavioral objectives, student evaluation and measurement, role playing, the use of audio-visual aids, and an exercise in practice teaching. Instructor training programs taught by the Ohio peace officer training academy, the Ohio department of education, the Ohio state highway patrol, a college or educational institution, or other programs which in the opinion of the executive director are equivalent will be acceptable; and;

(B) Upon receipt and verification of a notarized application form and completion of school commanders' conference, the executive director may issue a certificate to the school commander. Unless the decision is of a ministerial nature should the executive director refuse to issue a certificate, the executive director shall notify the applicant in writing and shall advise the applicant that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C) A corrections training school commander approved under rule 109:2-09-04 of the Administrative Code may perform the functions of a jailer training school commander upon approval from the executive director.

(D) The executive director shall deny or revoke the certificate of any jailer training school commander for the following reasons:

(1) Failure to meet the minimum qualifications for certification of a commander listed in paragraph (A) of this rule

(2) Unacceptable performance evaluations;

(3) Conviction of a felony, a crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense;

(4) Separation from the agency or institution for which the individual was approved to conduct the programs;

(5) Failure to conduct a commission approved school within a five year period. This paragraph shall not apply if the individual can produce written verification that the need did not exist for such training within the given period;

(6) Falsifying information to obtain a certificate;

(7) Failure to attend two consecutive jailer training school commanders' conferences;

(8) Violation of rules promulgated under Chapter 109:2-11 of the Administrative Code;

(9) Submission of falsified records, application, or other documentation;

(10) Allowing a person not approved as a school commander to function as a school commander;

(11) For any other good cause shown.

(E) The executive director may suspend the certification of any commander that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense.

(F) Should the executive director suspend or revoke a certificate, the executive director shall notify the commander in writing of the suspension or revocation and shall advise the commander that the commander may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 , RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/2003

109:2-11-05 Approval of instructors.

Each instructor is required to have the approval of the executive director. All persons requesting approval as an instructor shall submit a notarized statement of qualifications on a form provided by the executive director for each subject or unit of subjects for which the instructor is seeking approval.

(A) Minimum qualifications for unit instructor approval shall be as follows:

(1) High school graduate or possession of a "General Education Development" certificate;

(2) Five years of relevant full-time law enforcement experience or three years of full-time experience as a corrections officer;

(3) Completion of a training program which will allow a person to gain specific knowledge and skills in a unit for which the person desires approval;

(4) Completion of an instructor training program approved by the executive director and consisting of a minimum of forty clock hours which shall include instruction in the theories of learning and adult education, teaching techniques, lesson plan development and usage, behavioral objectives, student evaluation and measurement, role playing, the use of audio-visual aids, and an exercise in practice teaching. Instructor training programs taught by the Ohio peace officer training academy, the Ohio department of education, the Ohio state highway patrol, a college or educational institution, or other programs which in the opinion of the executive director are equivalent will be acceptable.

(5) Recommendation of the jailer training school commander.

(B) Minimum qualifications for special subject instructor approval shall be as follows:

(1) A high school graduate or possession of a "General Education Development" certificate;

(2) Three years of combined experience and training in the subject area to be taught; or

(3) Recognition for occupational competency; and

(4) Recommendation of the jailer training school commander.

(C) Persons approved as special subject instructors shall be limited to no more than five topics in the commission approved jailer training curriculum.

(D) Renewal of unit and special subject instructor certificates.

(1) Persons approved as unit instructors shall renew their certificate every three years. At least sixty days and no more than ninety days before expiration of the certificate, the instructor shall file with the executive director an application for renewal on a form required by the executive director. The instructor shall also file:

(a) Written evidence from the educational or training facility where the instructor received the training indicating successful completion of a minimum of eight clock hours of training in topics related to the commission approved jailer curriculum or to improve instructional abilities; and

(b) Written evidence from the jailer training school commander that the instructor has taught in one approved school for jailer training for a minimum total of eight teaching hours within the past three years.

(2) Persons approved as special subject instructors after the effective date of this rule shall renew their certificates every three years. At least sixty days and no more than ninety days before expiration of the certificate, the instructor shall file with the executive director an application for renewal on a form supplied by the executive director. The instructor shall also file:

(a) Written evidence from the jailer training school commander that the instructor has taught in one approved school for jailer training for a minimum total of four teaching hours within the past three years;

(b) Written evidence from the educational or training facility where the instructor received the training indicating successful completion of a minimum of four clock hours of training in topics related to the commission approved jailer curriculum or to improve instructional abilities, and;

(c) Copy of documentation showing current proficiency in assigned technical skill topics;

(3) A corrections training program unit or special subject instructor certified under rule 109:2-9-05 of the Administrative Code may perform the functions of a jailer training program unit or special subject instructor upon approval from the executive director.

(E) Denial of certificate, denial of renewal of certificate, suspension of certificate or revocation of certificate.

(1) Unless the decision is of a ministerial nature, should the executive director refuse to issue or renew a certificate, or should the executive director suspend or revoke a certificate, the executive director shall notify the person in writing and shall advise the applicant that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code.

(2) The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(3) The executive director may suspend the certification of any instructor that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense or any other peace officer disqualifying offense.

(4) The executive director may deny or revoke the certificate of any instructor for the following reasons:

(a) Failure to meet the minimum qualifications for instructor certification listed in paragraphs (A) and (B) of this rule;

(b) Failure to meet renewal criteria;

(c) Failure to meet renewal deadline;

(d) Submission of falsified records, application, or other documentation;

(e) Unacceptable performance evaluations;

(f) Conviction of a felony, a crime of moral turpitude, an offense of violence, a sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense;

(g) Any other good cause shown.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/2003

109:2-11-06 Certificate of completion.

Upon successful completion of an approved jailer training school, a person assigned to the position described in rule 109:2-11-01(G)(H) and (I) of the Administrative Code shall be awarded a certificate of completion by the executive director.

R.C. 119.032 review dates: 11/06/2013 and 11/06/2018
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 11/06/08, 11/06/13

109:2-11-07 School facilities.

Each school shall have available:

(A) A classroom with adequate heating, lighting and ventilation, and available restroom facilities;

(B) A marking board or equivalent;

(C) Tables suitable for writing and chairs or seats with an arm for writing;

(D) Audio-visual equipment;

(E) A lectern, stand, or table for the instructor's use;

(F) A gymnasium or large indoor area for teaching defensive tactics and other physical skill topics supplied with appropriate training and safety equipment; and

(G) Any other equipment and/or facilities as required by the executive director.

R.C. 119.032 review dates: 11/06/2013 and 11/06/2018
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 11/06/08, 11/06/13

109:2-11-08 [Effective until 1/1/2015] Attendance.

Attendance shall be required of each individual at all sessions of the school.

(A) When a student is absent for ten per cent or less of the hours of non-mandatory topics of the training school in which the student is enrolled, the commander may excuse the absences if, in the commander's judgment, the absences were for valid reasons, including but not limited to: illness of either the student or the student's immediate family or an emergency employment situation. The student shall provide the commander with written documentation listing the reason for absence. The commander may require the student to make up the missed training to ensure that the student has the required mastery of the subjects taught during the school.

(B) If a student is absent for more than ten per cent of the hours of non-mandatory commission required topics of the school, the student may complete the school but shall not be permitted to take the state examination.

(1) The student shall submit to the executive director a notarized statement setting forth the reasons for the absences and request to complete the training that was missed. Reasons for absence which the executive director may consider include but are not limited to illness of either the student or the student's immediate family, emergency employment situations or other valid reasons. The executive director shall rule on the request within fifteen calendar days of receipt of the request. If the request is granted, the executive director shall approve, in writing, the method of completing the training.

(2) If the request to complete the school is denied by the executive director, the executive director shall notify the student in writing of this denial and shall advise the student that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C) There shall be no excused absences from any topic designated as mandatory by the executive director.

(D) The commander shall be responsible for maintaining an accurate record of attendance for each person attending training. The commander shall forward such records to the executive director.

(E) No person convicted of a felony shall be permitted to attend any portion of a training school approved by the executive director unless a request is made to the executive director from the chief executive officer of the appointing agency. Should the executive director refuse to grant the request, the executive director shall notify the person in writing of this denial and shall advise the person that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

Eff 10-1-93; 6-15-98; 10-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73 , 109.75
Replaces: 109:2-11-08
R.C. 119.032 review dates: 05/01/2009 and 05/01/2014

109:2-11-08 [Effective 1/1/2015] Attendance.

(A) Attendance shall be required of each individual at all sessions of the school.

(B) The commander shall be responsible for maintaining an accurate record of attendance for each person attending training. The commander shall forward such records to the executive director.

(C) No person convicted of a felony shall be permitted to attend any portion of a training school approved by the executive director unless a request is made to the executive director from the chief executive officer of the appointing agency. Should the executive director refuse to grant the request, the executive director shall notify the person in writing of this denial and shall advise the person that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

Effective: 01/01/2015
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/2003

109:2-11-09 Notebook.

(A) Each person in a jailer training school shall maintain a notebook and shall submit such notebook to the training school commander for inspection. The notebook shall be evaluated as satisfactory or unsatisfactory by the school commander. The notebook shall include entries of pertinent material covered during the classroom sessions of the school. Among the factors to be evaluated are: neatness, accuracy, legibility, and sufficiency of curriculum related content, organization, appropriateness of material, and regularity of entries. Notebooks and the grades assigned to them by the commander are subject to review by the executive director at any time.

(B) No person shall participate in the state examination who has a notebook evaluated as unsatisfactory.

R.C. 119.032 review dates: 11/06/2013 and 11/06/2018
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 11/06/08, 11/06/13

109:2-11-10 Examination.

(A) The Ohio peace officer training commission will prepare, conduct, and score a state examination for each person completing the school. Each student for whom a certificate of completion is recommended must pass the state examination with a minimum score as determined by the commission.

(B) No person shall participate in the state examination who has been evaluated as unsatisfactory for any topic included in the technical skills unit of instruction or in any other topic designated by the executive director.

(C) The results of the state examination shall be made known to the commander within five business days of the date administered. Persons failing to achieve the designated minimum score shall be eligible for one retest. This test shall normally be given within two weeks of the date the commander is notified of the results of the first examination. The results of the retest shall be made known to the commander within five business days of the date administered. Students who fail the retest shall not be permitted to take the state examination again and until they successfully complete another school.

R.C. 119.032 review dates: 04/10/2014 and 04/10/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 , RC 109.75
Prior Effective Dates: 10/01/1993, 6/15/1998/10/01/2003, 05/01/2009, 05/01/2014

109:2-11-11 Time requirements for certification, credit for prior equivalent training, and training requirements upon re-appointment.

(A) All persons described in paragraph (G) of rule 109:2-11-01 of the Administrative Code shall successfully complete training required for their position as prescribed in rule 5120:1-10-18 of the Administrative Code as well as any other training prescribed by the executive director.

(B) Persons described in paragraphs (H) and (I) of rule 109:2-11-01 of the Administrative Code may complete the training prescribed in rules 5120:1-10-18 and 5120:1-12-18 of the Administrative Code and as is prescribed by the executive director. Ohio peace officer training commission approved training for the persons described in this paragraph is optional for the local agency.

(C) Credit for prior equivalent training or education.

(1) An individual who has successfully completed prior training or education, other than basic training for twelve-day or twelve-hour facility corrections officers under the auspices of the Ohio peace officer training commission, and who is required to complete the jailer training school as prescribed in rule 5120:1-10-18 or 5120:1-12-18 of the Administrative Code may request credit for that portion of the curriculum which is equal to training previously completed. Training or education which will be accepted may include, but is not limited to: training or education certified by another state; another government agency; a branch of the military service; the state highway patrol; or a college, university, or other educational institution.

(2) The applicant shall provide to the executive director documented evidence of the training. The executive director shall review the record of the prior training or education and make a determination of the training the person shall be required to complete in a commission approved jailer training school.

(3) Persons who have received training in subject control within the previous two years may petition for waiver of that training with proper documentation.

(4) Persons holding current, nationally recognized first aid and CPR cards may petition for waiver of that training with proper documentation.

(5) No credit shall be given under this rule for experience which is not part of a formal training or educational program.

(6) If the applicant disputes any of the training assigned by the executive director, he or she may request a hearing before the commission as provided in section 119.06 or 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(D) Re-appointment. training requirements

(1) Upon appointing a person to a corrections officer position as described in paragraph (G) or (I) of rule 109:2-11-01 of the Administrative Code, the appointing agency shall submit a request for the executive director to evaluate the officer's training and eligibility to perform the functions of a corrections officer. Such request will be made on a form provided by the executive director and shall be submitted immediately upon appointing the officer.

(2) All persons who have completed required training and who have not been appointed as a corrections officer for less than one year may maintain their eligibility for re-appointment provided no specialized training has been mandated. If specialized training has been mandated, the specialized training shall be completed within one year of re-appointment.

(3) All persons who have completed required training and who have not been appointed as a corrections officer for one year or more but less than four years shall, within one year of re-appointment, successfully complete any specialized training, any training deemed appropriate by the appointing authority, and successfully complete the state examination as prescribed in rule 109:2-11-10 of the Administrative Code.

(4) All persons who have completed required training and who have not been appointed as a corrections officer for more than four years shall, upon re-appointment, complete entry level training required of their position as prescribed in rule 109:2-11-02 of the Administrative Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: RC 109.74
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/01/1993, 06/15/1998, 10/01/2003

109:2-11-12 [Rescinded] Public notices of meetings of the Ohio peace officer training commission.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/10/2014
Promulgated Under: 119.03
Statutory Authority: RC 109.03
Rule Amplifies: RC 109.73 ,RC 109.75
Prior Effective Dates: 10/*01/1993, 06/15/1998, 10/01/2003

109:2-11-13 Forms.

All forms referenced in this chapter can be found at http://www.ohioattorneygeneral.gov/files/forms/forms-for-law-enforcement/law-enforcement-training-forms.aspx or by contacting the Ohio peace officer training academy at askopota@ohioattorneygeneral.gov

Effective: 09/01/2014
R.C. 119.032 review dates: 08/22/2019
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75