5120:1-3-14 Special procedures.

(A) The licensed agency shall have written emergency plans that are reviewed and updated annually. Plans shall be communicated to all employees and offenders, and be conspicuously posted in the facility. Emergency plans are to be approved by the agency administrator and disseminated to all appropriate local authorities. All licensed agency employees shall be trained in the implementation of the written emergency plans.

(B) The licensed agency shall conduct and document quarterly disaster and monthly emergency fire drills, on each shift at least once every quarter, under varied conditions while the majority of offenders are present.

(C) The licensed agency shall implement a policy and procedure which prohibits any offender from being assigned to a position of authority over another offender (e.g. in charge of providing offender services such as commissary, telephone calls, or being permitted to perform or assist in any security duties), except that which is provided by treatment related activities approved by the agency director, (e.g., therapeutic communities).

(D) The licensed agency shall implement a policy restricting the use of physical force to instances of justifiable self-protection, protection of a third party, prevention of self-inflicted harm, and prevention of property damage or other crimes.

(E) Manual inspection of body cavities shall be conducted only when there is reason to do so and when authorized by the agency administrator or designee. Inspection of body cavities shall be conducted in private by health care personnel.

(F) The licensed agency shall implement the following procedures from the licensing agency regarding the detection and reporting of absconders.

(1) Absconders

(a) Prevention

(i) An offender movement sheet shall be used to account for offenders in the facility and those on authorized program and activity leave from the facility. This sheet shall include time “in” and “out” of the facility and, when applicable, the offender’s destination. Movement outside the facility shall be documented through the use of an itinerary for all offenders.

(ii) Licensed agency staff on duty shall, at minimum, conduct one population count of offenders in the facility per shift, in accordance with agency policies and procedures. The time at which the count is taken should be varied and documented.

(iii) The licensed agency shall have provisions for random verification of offenders on authorized leave from the facility.

(iv) No offenders shall be unaccounted for while in or out of the licensed facility. The method for verification shall be outlined thoroughly in an agency policy and procedure statement.

(b) Detection

(i) Should any verification process indicate an offender’s absence, the licensed agency staff on duty shall immediately attempt to locate the offender by searching the facility and calling known relatives, friends, employer, and the last destination signed on the itinerary sheet.

(ii) In the event contact is made with the offender within one hour of expected time of return, the offender shall be instructed to return to the licensed facility immediately. An agreed upon deadline shall be established for the offender’s return,.

(iii) An offender who fails to return, or where indication exists that the offender will not return, will be declared an absconder.

(i) Verbal notification to the supervising authority shall take place immediately upon the detection and verification of a declared absconder. If the offender absconds outside of the supervising authority’s regular working hours, verbal notification shall take place at the start of the next business day.

(ii) The supervising officer/unit supervisor of a transitional control offender shall be contacted immediately after an unauthorized absence has been detected and verified, prior to an absconder declaration.

(iii) A written report indicating the time and circumstances shall be completed by licensed agency staff and submitted to the supervising authority within one business day of when the offender asconded.

(2) The licensed agency shall post the following information in a conspicuous location within the facility: “If you abscond from the facility, you may be charged with felony escape under the provisions of R.C. 2921.34.”

(G) The licensed agency shall implement a policy regarding the documentation of granting overnight, weekend and special passes, as well as coordination with supervising authorities. The licensed agency shall submit a form to the supervising authority in cases where the offender is requesting a pass to an address that has not been previously approved by the supervising authority. This form shall be submitted, by the agency to the supervising authority, no later than noon on the day prior to the first day of the pass. The form shall include:

(1) Name and identification number (institution or docket) of the offender;

(2) The dates and times the pass begins and ends;

(3) The destination;

(4) The basis for the agency’s recommendation;

(5) Signature of agency staff; and

(6) A space for approval or disapproval and signature, if required, of the supervising authority.

A copy of the pass shall be maintained in the offender’s file.

(H) The licensed agency shall implement a policy and procedure for recording the identity of visitors. The visitor logs shall be under the supervision of a staff member at all times.

(1) The licensed agency shall maintain a dated log of all visitors to the facility with entries for the name, address, telephone number, purpose of visit, and time in/out of each visitor.

(2) The licensed agency shall maintain as a matter of record a dated visitation log for each offender receiving visitors. The log shall include the following information:

(a) Full name of offender to be visited;

(b) Institution/docket number;

(d) Visitor(s) name;

(e) Complete address;

(f) Picture ID number;

(g) Telephone number where they can be contacted, and;

(h) Relationship to the offender.

(3) Provisions shall be made for special visits, such as attorneys, clergy and visitors coming from a long distance.

(I) Possession and use of weapons is prohibited in the facility except in case of an emergency. The licensed agency shall provide weapon lock boxes for use by the supervising authorities..

(J) The licensed agency shall implement policies and procedures for submitting an unusual incident report to the licensing agency’s deputy administrator of community residential programs or designee. Unusual incidents are defined as any events that have serious internal or external ramifications or that may attract the attention of the general public and/or news media. Such incidents include, but are not limited to: fires, assaults, drug trafficking, drug possession, serious medical problem, accidents/auto accidents, innappropriate sexual behavior, serious agency staff misconduct, theft, law enforcement involvement, suicidal attempts/threats, building emergency, complaint from the public, use of force/deadly force, property loss or damage and events of apparent criminal nature. The reporting procedure shall be as follows:

(1) The licensed agency shall verbally notify the supervising authority and the deputy administrator or designee of the incident within one business day of the time the incident occurred.

(2) The licensed agency shall submit a written report to the supervising authority and deputy administrator or designee within two business days of the time the incident occurred. The written report shall include the following information:

(a) Name and institution/docket number of the offender involved in the incident;

(b) Name of licensed agency staff involved in the incident (if applicable);

(d) Time the incident occurred;

(e) Circumstances surrounding the incident;

(f) Copies of any medical report or a letter from the attending physician stating the extent of any injuries sustained as a result of the incident.

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, 9/4/84, 4/21/89, 4/17/93, 7/1/96, 7/1/2002