5120:1-3-02 Licensing requirements for a halfway house or community residential center as a licensed facility.

(A) The division of parole and community services shall be charged with the inspection, supervision and licensing of halfway houses or community residential centers as licensed facilities.

(B) The division of parole and community services shall make annual on-site inspections of halfway houses or community residential centers under contract with the division. Such inspections shall be scheduled in advance with written notice to the person in charge of the halfway house or community residential center.

(C) Inspectors employed by the division of parole and community services shall have full access to all areas of a halfway house or community residential center during an inspection and to all records (including offender files), relating to the operation of the facility.

(D) The inspectors employed by the division of parole and community services shall ascertain compliance with the “Division Of Parole And Community Services-Halfway House Standards” contained in rules 5120:1-3-06 to 1-3-17 of the contract and Administrative Code.

(1) Within thirty days after an inspection the division of parole and community services shall prepare a written report of its inspection. The report shall include any findings of noncompliance and shall be sent to the person in charge of the halfway house or community residential center.

(2) In addition to the appeal rights granted under section 119.12 of the Revised Code, the division of parole and community services will allow licensed halfway house and community residential center managers to administratively appeal adverse decisions. The appeal procedure shall be as follows:

(a) Notification shall be given in writing to the licensed facility of the particulars of such failures or deficiencies:

(b) The licensed facility has the right of a fair hearing during the thirty-day period following notification at which time evidence can be submitted to rebut, clarify, or correct particulars outlined in such notification. The division of parole and community services will have final authority to institute termination of the contract or rescind prior notices following said hearing.

(c) The division of parole and community services shall require the licensed facility to correct these deficiencies within thirty days from notification or to submit an acceptable plan and timetable to remedy these areas.

(d) The division of parole and community services may terminate contracts for failure to comply with such notices at the end of this thirty-day period.

(E) For halfway house and community residential center to be licensed, they must comply with rules 5120:1-3-06 to 5120:1-3-17 of the Administrative code.

R.C. 119.032 review dates: 01/12/2006 and 01/12/2011

Promulgated Under: 119.03

Statutory Authority: 2967.14, 2967.26

Rule Amplifies: 5120.031

Prior Effective Dates: 4/1/82, 7/1/96