Chapter 5120:1-12 Eight-Hour Facilities

5120:1-12-01 Reception and release.

(A) Each twelve-hour jail facility, as defined in rule 5120:1-7-02(A)(3) of the Administrative Code, shall adhere to following standards regarding the reception and release of prisoners. Each twelve-hour facility shall implement policies and procedures, and produce documentation that evidences compliance with the following standards:

(1) All prisoners are legally committed to the jail.

(2) The arresting, transporting or committing officer is identified by name and department.

(3) A booking and identification record shall be made of every commitment that includes the following information:

(a) Time and date of commitment;

(b) Name and alias;

(c) Official charge or charges;

(d) Authority for commitment;

(e) Date of birth of prisoner;

(f) Sex of prisoner;

(g) Race of prisoner;

(h) Height and weight of prisoner;

(i) Marital status of prisoner;

(j) Home address and telephone number of prisoner;

(k) Spouse, next of kin, or person to notify in case of an emergency;

(l) Social security number;

(m) Identifying characteristics (scars, or marks.)

(4) Prisoners shall be identified by photograph and/or identification bracelet during reception.

(5) Arrested persons shall be provided access to telephones.

(6) A preliminary health screening shall be completed by health-trained personnel on all prisoners upon reception and prior to being placed in general population.

(7) Prisoners with signs of untreated injury shall not be admitted prior to examination and/or treatment by qualified health care personnel.

(8) Unconscious prisoners shall not be admitted without the written approval of a physician.

(9) Prisoners shall be searched and all unauthorized items shall be confiscated. Confiscated items shall be listed in an inventory by objective description and secured.

(a) Money or any form of money shall be confiscated, counted in the prisoner's presence and secured.

(b) The prisoner's signature shall be affixed to the completed inventory. If the signature can not be obtained, the inventory shall be witnessed by another staff person.

(10) The jail shall develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(11) The jail shall develop, implement, maintain, and update as necessary a set of generally applicable prisoner rules. A staff member or translator shall assist the prisoner in understanding the prisoner rules if there is a literacy or language problem. The jail shall maintain signed acknowledgements from each prisoner admitted that the rules were received by, and/or explained to them.

(12) During reception, male and female prisoners shall not be placed in the same cell or unsupervised areas together.

(13) Processing and reception of juvenile prisoners shall be consistent with sections 2151.311 and 2151.312 of the Revised Code.

(14) Prisoners identification and release documentation shall be verified.

(15) Upon a prisoner's release to another agency, the jail shall document the following information:

(a) The identity of the receiving officer and the agency;

(b) The time and date of the release;

(c) The authority for the release

(16) Upon a prisoner's release or transfer, the jail shall obtain a receipt for all property returned at the time of release or transfer from the prisoner, or the receiving officer, as appropriate.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 1/1/2003

5120:1-12-03 Security.

(A) Each twelve-hour facility shall maintain the following minimum standards in regard to security of the facility.

(1) An established security perimeter.

(2) A secure booking and release area.

(3) Temporary weapons storage lockers or other secure storage at each point of entrance to the jail's security perimeter.

(4) If installed, closed circuit televisions that are operational and preclude the monitoring of shower, toilet and clothing exchange areas.

(5) A two-way communications system between central control, staffed posts and prisoner occupied areas. Prisoners shall be able to initiate communication with staffed posts.

(6) Equipment necessary to maintain utilities, communications, security and fire protection in an emergency. Documentation supports that such equipment is tested quarterly and repaired or replaced as needed.

(B) Each twelve-hour facility shall have written policies and procedures, and practices which evidence, that the following minimum standards are maintained.

(1) In regard to jail security control equipment and devices:

(a) The jail administrator or designee authorizes the types, use, implementation or installation of security control equipment and devices.

(b) The jail administrator or designee supervises and documents the training of those authorized to use security control equipment and devices.

(c) Staff members authorized to access security and control devices, and their storage areas shall be documented.

(d) Storage areas for security and control devices shall be secured.

(2) All prisoners shall be searched whenever entering or leaving the jail's security perimeter.

(3) Procedures and practices governing strip and body cavity searches following reception shall be developed and implemented in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(4) A written emergency operations plan.

(5) The maintenance by staff of a log to record routine information, emergency situations and unusual incidents.

(6) An official count shall be conducted every shift to verify prisoners physical presence and identification. Jail staff conducting the count shall record the count.

(7) Personal observation checks of prisoners shall be conducted every sixty minutes. Observation checks shall be conducted at varying times and shall be documented after completion by the staff person performing the check.

(8) Prisoners in physical restraints shall be personally checked by staff every ten minutes.

(9) In regard to the use of force:

(a) Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted harm, protection of others, prevention of riot, escape or other crime and controlling or subduing a prisoner who refuses to obey a staff command or order.

(b) Use of force shall be limited to the amount of force necessary to control a given situation and shall include a continuum of escalating force levels.

(c) An examination and/or treatment by qualified health care personnel shall be provided to prisoners or staff involved in a use of force incident when there is obvious physical injury or there is a complaint of injury or request for medical attention.

(d) Use of force incidents shall be recorded and reviewed by the jail administrator or designee.

(10) Contraband shall be defined in rules available to prisoners. All prisoner accessible areas of the jail shall be inspected for contraband and physical security deficiencies.

(a) Prisoner housing areas shall be inspected once a week in a manner that ensures all areas are inspected each month.

(b) Prisoner accessible areas shall be inspected in a manner that ensures all areas are inspected each month.

(c) A security inspection of the jail shall be conducted once a month.

(d) The jail administrator or designee shall be notified of any discovered contraband or physical security deficiencies.

(e) The appropriate disposition of contraband and the remediation of physical security deficiencies shall be documented.

(11) No prisoner shall be given control of or authority over any other prisoner, security function or service activity.

(12) In regard to a key control system:

(a) A key control center for storing working and/or daily issue keys that is inaccessible to unauthorized persons shall be maintained.

(b) There shall be an accounting system for issuing and returning keys.

(c) There shall be a reporting system for documenting and repairing broken or malfunctioning keys or locks.

(d) There shall be a complete set of duplicate keys maintained outside the jail's security perimeter inaccessible to unauthorized persons but accessible for jail needs.

(e) Prisoners shall be prohibited from handling jail security keys.

(f) Perimeter keys shall be prohibited from entering the jail's security perimeter except in an emergency.

(g) Emergency keys shall be marked or color-coded.

(h) The key control system shall include provisions for access and authority to operate non-key operated locking devices (i.e., electrical controls, remote release levers.)

(13) Toxic, corrosive and flammable substances and tools shall be:

(a) Stored in a secure area;

(b) Used by prisoners only under direct staff supervision;

(c) Used only in accordance with manufacturer's instruction;

(d) Accessible only to authorized persons;

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: Eff 1-2-81; 1-1-83; 6-1-91; 7-1-94; 9-21-98; 1-1-03

5120:1-12-04 Holding.

(A) Twelve-hour facilities shall provide prisoners with sufficient space. The facility shall maintain documentation regarding square footage and maximum occupancy figures for all housing and holding areas, and shall comply with the following minimum requirements:

(1) Holding cells:

(a) Sixty square feet for one to three occupants with twenty square feet for each additional occupant up to a maximum of one hundred and twenty square feet (six occupants.)

(B) Seating shall be provided in holding areas, holding cells, dayrooms and eating areas for each prisoner.

(C) Single cells/rooms and multiple occupancy cells/rooms shall provide the following:

(1) Air circulation of twenty cubic feet of outside or re-circulated filtered air per minute per occupant or as required by the local authority having jurisdiction. Documentation from a qualified source shall be maintained by the facility.

(2) Temperatures shall be maintained in a range between sixty-six to eighty degrees Fahrenheit.

(3) Sanitation facilities shall include access to an operable flush toilet and lavatory with hot and cold potable water on a twenty-four hour a day basis without staff assistance.

(D) Male and female prisoners shall be separated by sight, sound, and touch.

(E) Juvenile prisoners shall be separated by touch from adult prisoners.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 1/1/2003

5120:1-12-05 Sanitation and environmental conditions.

(A) All areas of a twelve-hour facility shall be safe and sanitary, including the food service and laundry areas. Staff and prisoners shall have specific housekeeping responsibilities, which shall include, but are not limited to:

(1) Daily cleaning of toilets, urinals, sinks, and drinking facilities in areas occupied by prisoners;

(2) Weekly sanitation inspections;

(3) Regular maintenance and repairs.

(B) All grounds, walkways, driveways and parking areas shall be illuminated at night.

(C) The facility shall be inspected annually by local or state health authorities and a written report shall be provided. There shall be a written plan to correct jail-related deficiencies.

(D) The facility shall be inspected once a month for insects, vermin and rodents. Treatment shall be provided as needed by a licensed exterminator. The jail shall maintain documentation of the inspections and any necessary extermination treatments.

(E) The facility shall maintain documentation that the interior lighting is at least fifteen foot-candles, measured thirty inches above the floor, in prisoner accessible areas.

(F) Supply and equipment storage areas shall be clean and orderly.

(G) The facility shall be inspected annually by a certified local or state fire safety inspector applying the applicable jurisdictional and Ohio Fire Code. The jail shall have a written plan to correct any jail-related deficiencies. The jail shall maintain documentation of the inspections and any corrective measures taken.

(H) The facility shall have a written fire safety plan approved by local fire officials, and that is reviewed annually and updated as needed. The plan shall include fire prevention, training and drills, fire response and post-fire documentation and review. A current copy of the plan shall be maintained at the local fire department.

(1) Training in jail fire safety equipment shall be conducted annually.

(2) Fire drills shall be conducted every three months on each shift so that twelve drills are conducted annually.

(I) Jail facility exits shall be clear and evacuation routes shall be posted or clearly marked throughout the facility.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 1/1/2003

5120:1-12-07 Visitation.

(A) Each twelve-hour facility shall establish visitor security controls to prevent contraband from entering the jail.

(B) Each twelve-hour facility shall ensure prisoner access to legal counsel of record including telephone contact, written communication, and confidential visits.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 1/1/2003

5120:1-12-09 Medical.

(A) Medical policies and procedures shall be specifically developed for the facility.Initial approval shall be documented by a physician, licensed to practice medicine in Ohio, and whenever revisions are made.

(B) Health-trained personnel shall perform a medical, dental and mental health screening on each prisoner upon arrival at the jail. Findings shall be recorded on a form approved by the jail physician. The receiving screening includes at least the following:

(1) Inquiry into:

(a) Current illness and health problems

(b) Dental problems

(c) Mental health problems

(d) Use of alcohol and drugs including types, amounts and frequency used, date or time of last use and history of any problems after ceasing use

(e) Past and present treatment or hospitalization for mental disturbances or suicidal ideation

(f) Possibility of pregnancy

(g) Other health problems designated by the jail physician

(2) Observation of:

(a) Behavior including state of consciousness, mental health status, appearance, conduct, tremors and sweating

(b) Body deformities and ease of movement

(c) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations and needle marks or other indications of drug abuse

(C) The jail shall provide, or make provisions for, twenty-four hour emergency health care.

(D) Prisoners shall be treated by a personal physician in the jail at their own expense, upon approval by the jail physician, provided that current credentials of the personal physician are verified.

(E) The jail shall exercise proper management of pharmaceuticals and address the following:

(1) Procedures for medication receipt, storage, dispensing and administration or distribution

(2) Dispensing of medicine in conformance with federal and state laws

(F) No prisoner shall be denied health care.

(G) Prisoners evidencing signs of mental illness or developmental disability shall be referred immediately to qualified mental health personnel.

(H) The jail shall have a plan for identifying and responding to suicidal prisoners. The plan components shall include:

(1) Identification - The receiving screening form contains observation and interview items related to the prisoner's potential suicide risk

(2) Training - Staff members who work with prisoners are trained to recognize verbal and behavioral cues that indicate potential suicide. The plan includes initial and annual training

(3) Assessment - The plan specifies a suicide risk assessment, and level system. Only a qualified mental health professional may remove prisoners from suicide risk status

(4) Monitoring - The plan specifies the procedures for monitoring a prisoner who has been identified as potentially suicidal. A suicidal prisoner is checked at varied intervals not to exceed ten minutes. Regular documented supervision is maintained. Inmates are placed in a designated cell, all belongings removed, and other prevention precautions initiated as appropriate

(5) Referral - The plan specifies the procedures for referring potentially suicidal prisoner and attempted suicides to a mental health care provider or facility

(6) Communication - Procedures exist for ongoing written communication between health care and correctional personnel regarding the status of suicidal prisoners

(7) Intervention - The plan addresses how to handle a suicide in progress, including first aid measures

(8) Notification - The plan includes procedures for notifying the jail administrator, outside authorities, family members of completed or attempted suicides requiring medical hospitalization

(9) Reporting - The plan includes procedures for documenting, monitoring, and reporting attempted or completed suicides. Completed suicides are reported to the division of parole and community services within thirty days of the incident

(10) Review - The plan specifies procedures for medical and administrative review if a suicide or a serious suicide attempt, as defined by the suicide plan, occurs

(11) Critical incident debriefing - The plan specifies the procedures for offering critical incident debriefing to affected staff and prisoners

(I) Emergency medical equipment and supplies, as determined by the jail physician shall be available at all times, inventoried monthly and replenished as needed.

(J) There shall be a written infectious diseases control program implemented in the facility.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/03

5120:1-12-10 Food service.

(A) Prisoners shall be served a minimum of three meals at regularly scheduled intervals.

(B) All prisoners held during an established mealtime are provided a meal.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/1/83, 6/1/91, 7/1/94, 1/1/2003

5120:1-12-12 Prisoner discipline.

(A) Prisoner rules shall specify prohibited acts.

(B) Prisoner rules shall specify the fundamental rights that cannot be suspended except in an emergency or other condition beyond the control of the jail administrator.

(C) Jail disciplinary measures shall not include corporal punishment, discipline administered by prisoners or withholding food.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003

5120:1-12-16 Grievance.

(A) Prisoner rules shall include a grievance procedure that is available to prisoners.

(B) Retaliation by staff for prisoner grievances is prohibited.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003

5120:1-12-17 Staffing.

(A) Each twelve-hour facility shall have a designated jail administrator who is qualified by training or experience to supervise and control prisoners as outlined in a written job description.

(B) There shall be a written, implemented staffing plan that includes jail personnel assignments, days of the week and hours of the day that assignments are covered and any deviations from the plan with respect to weekends, holidays or other atypical situations.

(C) A written code of ethics shall be provided to jail employees.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003

5120:1-12-18 Staff training.

(A) At least one employee per shift, and all others who have been assigned direct responsibility of custody and supervision of prisoners shall receive training as follows:

(1) Training in the jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment receive sixteen hours of training including legal aspects of corrections, security concepts, emergencies, interpersonal communications, first aid / CPR, unarmed self-defense and "Minimum Standards for Jails in Ohio."

(3) Two hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues.

(B) The jail policies and procedures shall be available to jail staff, reviewed annually and updated by the jail administrator as needed.

R.C. 119.032 review dates: 01/10/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 1/1/2003