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Ohio Laws and Rules
As used in rules 5120:1-3-01 to 5120:1-3-17 of the Administrative Code, the following terms have the following meaning:
(A) “Administrative release” : a termination of jurisdiction over a particular sentence by the division of parole and community services for administrative convenience as provided for in section 2967.17 of the Revised Code.
(B) “Center director” : is a person designated by the board of trustees or other governing body of the licensed facility as the principal executive officer of a community correctional center, or other licensed facility.
(C) “Agency program” : those activities and operation of the licensed facility, which are necessary to carry out the purpose of the licensed facility.
(D) “Appointing authority” : the deputy director of the division of parole and community services.
(E) “Audit report” : an agency’s documentation of annual costs and revenues for the operation of the licensed facility.
(F) “Licensed” : the formal acknowledgment by the division of parole and community services that a halfway house, community residential center or similar facility operates a licensed facility.
(G) “Licensing agency” : the division of parole and community services vested with statutory and administrative authority to establish standards for halfway houses and determine whether an applicant halfway house meets these standards and thereby qualifies as a licensed facility.
(H) “Confidentiality of records” : taking reasonable care to preclude unauthorized distribution of client and personnel information including the observance of federal privacy of information guidelines.
(I) “Costs” : as determined on a cash, accrual, or other basis as meeting the test of generally accepted accounting principles by the division of parole and community services, the amount paid for the operation of the licensed facility.
(J) “Counseling:” the interchange between client and worker leading to the formulation of plans for satisfying needs and resolving problems to enhance the behavior of the client.
(K) “Direct costs” : expenses that can be identified as specifically benefiting a specific program.
(L) “Documentation” : the formal, official records of transactions and events for the purpose of verification and public accountability.
(M) “Eligible release” : adult felony offenders actively supervised by the adult parole authority, common pleas court probation staff, or adult felony and other offenders required by a court to seek treatment in lieu of conviction and actively supervised by a common pleas court probation department.
(N) “Facility” : the actual physical setting in which a program or agency functions.
(O) “Final release” : The restoration of rights and privileges of an offender through:
(1) The termination of supervision and the remission by the adult parole authority of the balance of the sentence (except for offenders in the shock incarceration program) or
(2) The termination of supervision by the adult parole authority for those released under a period of post-release control, or
(3) The completion of an entire prison term by an offender who has not been placed under post-release control pursuant to section 2967.16 of the Revised Code.
(P) “Full occupancy” : the number of residents allowed in a licensed facility as determined by the numberof beds officially designated for that facility.
(Q) “Governing authority” : that entity within an agency which has responsibility and authority to set policies and establish procedures.
(R) “Indirect costs” : expenses for a common or joint purpose benefiting more than one agency program, but not readily assignable to a specific program.
(S) “Inspection team” : these are individuals employed by the division of parole and community services and/or other private or governmental entity personnel who have a contract agreement with the halfway house facility. The inspection team shall be comprised of bureau of community sanction staff and/or other individuals, as approved by the deputy administrator of halfway house programs. The halfway house deputy administrator shall designate the chairperson of the inspection team.
(T) “Institution” : any penal institution operated directly by the department of rehabilitation and correction, or by a public or private agency in contract with the department of rehabilitation and correction, which is used for the custody, care or treatment of criminal offenders.
(U) “Manday” : each twenty-four period an eligible releasee is in licensed facility.
(V) “Offender” : Any individual under the supervision of the adult parole authority and common pleas court.
(W) “Parolee” : an offender who has served a term of incarceration as a felon and has been released to the community under parole supervision.
(X) “Parole violator” : An offender under post-release control or parole supervision who has been declared to be in violation of any of the conditions of supervision, said determination having been made by the adult parole authority and so recorded in its official minutes.
(Y) “Placement” : the residence plan of an eligible offender in the community.
(Z) “Probationer” : a convicted offender whose sentence to an institution is suspended by the court and who is under supervision in the community.
(AA) Probation violator” : a probationer whose probationary status has been revoked by the court of jurisdiction.
(BB) “Releasee” : an offender released on post-release control, parole, shock parole, furlough, shock probation or a prisoner released to intermediate transitional detention pursuant to section 5120.031.1 of the Revised Code. No offender is considered a releasee until he has received papers from an institution, completed processing by institution personnel, and has physically departed from the institution or in the case of probationers, unless probation status is evidence by a journal entry stipulating the offense for which the defendant was convicted and the conditions of probation.
(CC) “Residents” : eligible releasees in placement at a licensed facility.
(DD) “Licensed facility” : includes, but is not limited to, halfway houses, hospitals, community correction centers and similar facilities that have been licensed by the division of parole and community services to supervise eligible releasees.
(EE) “Supervising authority” : the adult parole authority of the division of parole and community services, and probation departments of common pleas courts.
(FF) “Total includable costs (TIC)” : the difference between a licensed facility’s total adjusted cost and the amount of operating surplus.
(GG) “Total mandays” : the number of beds at full occupancy of the licensed facility multiplied by three hundred sixty-five days.
(HH) “Unusual incident” : any event having internal or external ramifications or news media interest of sufficient seriousness to warrant immediate attention. Such incidents include, but are not limited to fires, assaults, property loss or damage and events of apparently criminal nature.
(II) “Contract per diem rate (CPDR)” : is the amount of money the division of parole and community services shall pay to the licensed facility for each day that an eligible releasee resides in the licensed facility.
(JJ) “Allocable cost” : any direct or indirect costs which benefit the licensed facility in carrying out the agency program.
(KK) “Total adjusted cost (TAC)” : the total adjusted cost is comprised of allowable direct cost of an agency program, plus its allocable portion of allowable indirect costs.
(LL) “Post-release control” : A period of supervision by the adult parole authority upon release from prison that includes one or more post-release sanctions as described in sections 2929.16, 2929.17 or 2929.18 of the Revised Code.
(MM) “Post-release control sanction” : A sanction that is authorized under sections 2929.16 to 2929.18 of the Revised Code and that is imposed at the time of the offender’s release from prison.
(NN) “Sponsor” : An individual that will arrange and handle all matters of business, personal needs or other transactions, etc. During the electronic monitoring period, who shall be identified by the offender prior to being released onto electronic monitoring and approved by the licensed facility program director and the adult parole authority.
(OO) “Transfer to transitional control” : The movement of a prisoner from a prison to transitional control, which involves closely monitored supervision and confinement in the community, such as a stay in a licensed facility or restriction to an approved residence on electronic monitoring, during the final one hundred eighty days of a prisoner’s confinement, in accordance with section 2967.26 of the Revised Code.
(PP) “Transitional control releasee” : An inmate released from prison during the final one hundred eighty days of the prisoners confinement to a licensed facility.
(QQ) “Transitional control violator” : Any inmate who has been declared to be in violation of any of the conditions of transitional control by the adult parole authority and so recorded in its official minutes.
(RR) ”’A’ offender” : An offender who, by virtue of their background, characteristics and/or release status, represent greater risk to the community or, because of their release status, requires greater control upon release.
(SS) “Absconder” : An offender under adult parole authority supervision who fails to remain within the limits of confinement or who fails to return to a facility as directed. An absconder is considered to be whereabouts unknown. Any offender who absconds on or after october 4, 1996, can be indicted for the offense of escape.
(TT) “Adult parole authority (APA)” that section of the division of parole and community services that includes probation development, the parole board, parole supervision and interstate compact of probation and parole.
(UU) “Alternative residential facility” : Any facility other than an offender’s home or residence at which an offender is assigned to live and that provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation. This does not include community-based correctional facilities, jails, halfway houses or prison.
(VV) “APA officer” : A person employed as a parole officer of the adult parole authority who supervises offenders and/or conducts investigations.
(WW) “Bureau of community sanctions” : That bureau in the division of parole and community services that includes oversight and funding of community-based correctional facilities, community corrections act programs and halfway house programs.
(XX) “Division of parole and community services (DPCS)” : That division of the department of rehabilitation and correction that includes the adult parole authority, the bureau of community sanctions and the bureau of adult detention and the office of victim services.
(YY) “Electronic monitoring system” : A system by which the location of an eligible offender can be verified telephonically through the use of voice-activated voice repsonse technology that is in accordance with section 2929.23 of the Revised Code.
(ZZ) “Electronic monitoring device” : Any device that can be operated by electrical or battery power that is in accordance with section 2929.23 (A) of the Revised Code
(AAA) “Mental health professional” : Those persons who by virtue of their training and experience are qualified to provide mental health care within the provisions of state’s licensure laws, policies and guidelines. Mental health professionals include psychiatrists, psychologists, psychology assistants, psychiatric registered nurses, social workers and activity therapists, civil service and contractors.
(BBB) “Mentally ill offender” : An offender who may range from the serious mentally ill who has a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality or cope with the ordinary demands of life and is manifested by substantial pain or disability, to the offender who is not seriously mentally disabled but who does experience emotional and/or behavioral problems in social, vocational and family settings. These emotional and/or behavioral problems may be serious and appear as DSM IV axis II diagnoses such as, but not limited to, avoidant personality disorder, borderline personality disorder, dependent personality disorder and obsessive-compulsive personality disorder.
(CCC) “Halfway house” : Any private non-profit agency licensed to operate a residential facility that has a current contract with the department of rehabilitation and correction.
(DDD) “Parole” : The release from confinement in any state penal or reformatory institution by the adult parole authority that is created by section 5149.02 of the Revised Code and under any terms and for any period of time that is prescribed by the authority in its published rules and official minutes. A parolee so released shall be supervised by the authority. Legal custody of a parolee shall remain in the department of rehabilitation and correction until a final release is granted by the authority pursuant to section 2967.16 of the Revised Code. The above applies to all persons who have committed felonies and been sent to prison prior to July 1, 1996.
(EEE) “Parole board special condition violation” : Failure to successfully complete one or more of the special conditions imposed by the parole board prior to release or during the period of supervision.
(FFF) “Parole officer” : A person employed as a parole officer of the adult parole authority who supervises offenders and/or conducts investigations.
(GGG) “Placement coordinator” : The APA staff member assigned to coordinate offender’s release plans between institutions and field supervision units.
(HHH) “Prisoner” : An offender who is in actual confinement in an Ohio penal institution as defined in section 2967.01 (H) of the Revised Code.
(III) “Probation”/ “community control” : A period of supervision for a convicted offender
(felony or misdemeanor) in lieu of prison/jail term for a specified length of time. The execution of sentence is suspended and the defendant is placed under the supervision of the court. The period of supervision can be up to a period of five years. Once placed on probation, the offender is expected to abide by the conditions the court imposed. The probation services can be done by either the common pleas court probation department or by the adult parole authority, probation development section. The term probation applies to all persons placed on probation for felonies or misdemeanors committed prior to July 1, 1996 and all misdemeanors thereafter.
(JJJ) “Provider” : The vendor or agency who is responsible to perform the contractual obligations after being awarded a contract.
(KKK) “Residential placement coordinator” : The APA staff member assigned to place offenders under APA supervision into licensed facilities.
(LLL) “Residential placement specialist” : APA central office staff assigned to place offenders into contracted licensed residential facilities.
(MMM) “Residential treatment facility” : Any facility in which the offender is housed and where treatment maybe provided including halfway houses, hospitals, etc.
(NNN) “Sanction” : For the purposes of criminal sentencing pursuant to chapter 2929 of the Revised Code: Any penalty imposed upon an offender who is convicted of or pleads guilty to an offense as punishment for the offense. Sanction includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 of the Revised Code.
(OOO) “Sanction provider” : The public or private person or entity that operates or administers the sanction or the program or activity that comprises the sanction.
(PPP) “Serious mental illness” : A substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality or cope with the ordinary demands of life within the prison environment and is manifested by substantial pain or disability. Serious mental illness requires a mental health diagnosis, prognosis, and treatment, as appropriate, by mental health staff.
(QQQ) “Sex offender” : An offender under active supervision by the APA who meets identification criteria as defined in policy 501.04, section V-A. and who has been classified as such per that policy.
(RRR) “Intermediate transitional detention (ITD) offender” : An inmate who has satisfactorily completed the ninety-day imprisonment phase of the shock incaraceration program.
(SSS) “Special conditions of supervision” : Special and specific conditions for individual cases that are related to the previous offense pattern and the probability of further serious law violations by the individual offender. Special conditions may be imposed by the court, by the parole board or by the parole supervision section of the adult parole authority pursuant to policy.
(TTT) “Special needs offender” : Substance abusers, sex offenders, emotionally disturbed, mentally ill, mentally challenged, aged, and physically challenged.
(UUU) “Strip-search” : Inspection of the body surfaces of a person who has been required to remove their clothing for purposes of the search; includes visual inspection of mouth, ears, nasal cavity, viewing the entrance to the vaginal and rectal cavities, and search of clothing and any other item worn by the person.
(VVV) “Search – pat-down” : A search involving manual and visual inspection of body surfaces, mouth, ears, nostrils, hair, clothing, wigs, briefcases, purses, prostheses and similar items.
(WWW) “Substance (drugs)” : To include but not limited to alcohol, opiates, cannabinoids, benzodiazepines, PCP, LSD, cocaine, barbiturates, amphetamine/metham-phetamine, inhalants and other drugs of abuse.
(XXX) “Supervising officer” : A person employed as a parole officer of the APA who supervises offenders.
R.C. 119.032 review dates: 01/12/2006 and 01/12/2011
Promulgated Under: 119.03
Statutory Authority: 5120.01, 2967.14, 2967.26
Rule Amplifies: 5120.031
Prior Effective Dates: 7/1/91, 4/1/82, 12/20/96, 11/10/99