3301-20-02 Circumstances upon which individuals with certain convictions may participate in the ohioreads program.

(A) Except as provided in section 3301.88 of the Revised Code, an individual seeking participation in the ohioreads program who has been convicted of or plead guilty to a violation of section 2903.13(assault) , 2913.02(theft) , 2903.16 (failing to provide for functionally impaired), or 2903.21(menacing) of the Revised Code may be considered for participation as a volunteer in the program if all of the following conditions are met:

(1) The offense was a misdemeanor.

(2) The victim of the offense was not a person under eighteen years of age.

(3) At least five years have elapsed since the individual was fully discharged from imprisonment, probation, and parole, or the individual has had the record of his conviction sealed pursuant to section 2953.32 of the Revised Code.

(4) The individual provides written confirmation by a court, his parole officer, and/or counselor that the individual has been rehabilitated.

(5) The individuals considering the volunteer are persuaded that the volunteer's participation will not jeopardize in any way the health, safety, or welfare of the persons served by OhioReads program. The following factors must be considered in determine if an individual will jeopardize the health and safety of an individual in the program:

(a) The individual's age at the time of the offense.

(b) The age and ability of the victim, including whether the victim is an individual with physical or mental disabilities.

(c) The nature and seriousness of the offense.

(d) The circumstances under which the offense was committed.

(e) The degree to which the individual participated in the offense.

(f) The time elapsed since the individual was fully discharged from imprisonment, probation, or parole.

(g) The likelihood that the circumstances leading to the offense will recur.

(h) Whether the individual is a repeat offender. "Repeat offender" means a person who has been convicted of or plead guilty to the commission of any of the offenses listed in Revised Code section 3301.88 , two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.

(i) The extent to which the position sought for provides an opportunity for the commission of an offense listed in Revised Code section 3301.88 .

(j) The individual's employment record.

(k) The individual's efforts at rehabilitation and the result of those efforts.

(l) Whether any criminal proceedings are pending against the individual.

(m) Any other factors the program considers relevant.

(B) It is the individual's duty to provide written proof that the conditions specified in paragraph (A) of this rule are met. If the individual fails to provide such proof or if the ohioreads program determines that the proof offered by the individual is inconclusive, the individual shall not participate. Any doubt shall be resolved in favor of protecting the persons served by the program.

(C) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code when the information contained in those sealed records bears a direct and substantial relationship to the position sought.

R.C. 119.032 review dates: 08/05/2009 and 08/05/2014

Promulgated Under: 119.03

Statutory Authority: 3301.07 , 3301.88

Rule Amplifies: 3301.88

Prior Effective Dates: 2/21/2000