Chapter 5120:1-7 Bureau of Adult Detention
(A) Pursuant to section 5120.10 of the Revised Code, the division of parole and community services, bureau of adult detention (hereinafter referred to as "the bureau"), is charged with the investigation and supervision of county and municipal jails and workhouses.
(B) The bureau shall make on-site inspections of jails in the state of Ohio. Such inspections shall be scheduled in advance with written notice to the person in charge of the jail.
(C) Inspectors employed by the bureau shall have full access to all areas of a jail during an inspection and to all records relating to the operation of the facility. The facility's operational policies and procedures shall be consolidated into a manual and provided to the inspector upon request.
(E) The bureau may certify any jail which meets the minimum standards. The bureau may provisionally certify any jail upon completion of a compliance plan and the initiation of corrective action. The bureau may de-certify any jail upon re-inspection or determination of non-compliance. Any jail not certified or provisionally certified shall be considered "non-certified."
(F) The bureau may make such inspections and participate in such meetings as it deems necessary for the proper execution of the provisions of this rule. This rule shall not be construed as granting to the bureau the executive management responsibilities of local officials.
(G) Pursuant to section 5120.10 of the Revised Code, the department of rehabilitation and correction is required to approve, before adoption by the proper officials, plans for major renovation or new construction of jails, workhouses and municipal lockups.
Five Year Review (FYR) Dates: 01/09/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 4/3/79, 1/2/81, 1/1/83, 6/2/86, 9/21/98, 7/1/05, 9/1/2011
(A) The term " Standards for Jails in Ohio" refers to rules 5120:1-8-01 to 5120:1-12-19 of the Administrative Code. The standards apply to county jails, municipal jails, regional jails and workhouses. Each such facility falls within one of the following categories and is subject to the standards identified within the definitions as applicable to those categories:
(1) "Full service jail": A local confinement facility used primarily to detain adults for more than two hundred eighty-eight hours. The standards set forth in rules 5120:1-8-01 to 5120:1-8- 18 of the Administrative Code apply to full service jails.
(2) " Twelve day facility": A local confinement facility used primarily to detain adults for a maximum of two hundred eighty-eight hours. The standards set forth in rules 5120:1-10-01 to 5120:1-10- 18 of the Administrative Code apply to twelve day facilities.
(3) "Twelve-hour facility": A local confinement facility used primarily to detain adults for a maximum of twelve hours. The standards set forth in rules 5120:1-12-01 to 5120:1-12- 18 of the Administrative Code apply to twelve-hour facilities.
(4) "Minimum security jail": A local confinement facility used to detain sentenced adults for more than one hundred twenty hours for a misdemeanor or a felony of the fourth or fifth degree, provided the person has been classified as a minimum security risk by the jail administrator or designee. The classification must include, at minimum, the individual's propensity for assaultive or violent behavior and escape risk based upon the offender's prior and present behaviors. The standards set forth in rules 5120:1-8-01 to 5120:1-8- 18 of the Administrative Code apply to minimum security jails.
(5) "Temporary holding facility": A local confinement facility used to detain arrestees for a maximum six hours for processing and/or awaiting transportation. The temporary holding facility (THF) may be a jail cell, but also may be an area which is designated for temporary holding purposes, e.g., holding area or room.
(1) "Administrators and supervisors": Persons who have managerial responsibility for a full service jail or who supervise employees security assignments or activities in the jail.
(2) "Administrative segregation": The act of confining an inmate to an individual housing cell or designated housing unit, that physically separates the inmate from the general population for specified reasons other than as a penalty, thereby prohibiting physical contact between this inmate and the general population.
(3) "Attorney (of record)": A licensed lawyer (retained or court appointed) whose name appears in the case records or court docket of the case, or whom the inmate has named as his or her attorney.
(4) "Authority having jurisdiction": The governmental authority having responsibility for certifying compliance with applicable statutes, regulations and codes.
(5) "Average daily population (ADP)": The number arrived at by totaling the number of meals served inmates during a specified period of time, divided by three, and then dividing by the number of days during that specified period. This figure is also sometimes derived by dividing the total number of commitments recorded in the jail ledger or the sum of daily official inmate counts by the total number of days in the specified period.
(6) "Classification": A system or process for determining the needs and requirements of inmates and for assigning them to housing units and programs. Elements of this determination include the following: security level; work assignments; special treatment services; allowance or denial of certain privileges; and other assignments as may be available.
(7) "Clergy": A clergyperson or minister from a recognized religious community outside the jail who is the spiritual leader for a particular inmate.
(8) "Compliant Jail": A jail which complies with all "Essential Jail Standards" and ninety percent of all Important Jail Standards is in compliance.
(9) "Contraband": Anything possessed by inmates or within the confinement facility which is declared illegal by law or which is expressly prohibited by those legally charged with the responsibility for the administration and government of the jail.
(10) "Corporal punishment": The act of inflicting punishment directly on the body, such as beating, flogging, hitting, kicking, etc.
(11) "Disciplinary isolation": The act of confining an inmate to an individual housing cell that physically separates the inmate from the general inmate population as a penalty, thereby prohibiting physical contact between the inmate and other inmates.
(12) "Emergency operations plan": Written documents that address specific actions to be taken in an emergency or catastrophe such as fire, flood, riot or other major disruption.
(13) "Essential Jail Standard": These jail standards have been designated to directly support the life, safety and health of jail inmates, employees, contract employees and volunteers. All full service and minimum security jails must comply with all essential jail standards.
(14) "Fire exit drill": A practice drill that includes transmission of a fire alarm signal and simulation of emergency fire conditions that is conducted to familiarize jail personnel with the signals and emergency action required under varied conditions. Release of inmates to safe areas or the exterior of buildings is not required.
(15) "Foot-candle": A unit for measuring the level of illumination.
(16) "Full Compliance Jail": A jail which complies with all "Essential Jail Standards" and all "Important Jail Standards' is in full compliance. Any jail in full compliance, upon proof satisfactory to the jail inspector, will be referred to as a certified jail. Any jail successfully completing ACA accreditation is recognized as a certified jail.
(17) "Fundamental rights": Rights which may not be suspended for disciplinary or classification reasons and which are to be guaranteed to all inmates except in times of emergency or other such conditions beyond the control of the facility administrators. Such rights may include visits by attorneys or clergy, telephone calls to attorneys or clergy, adequate food/nutrition, adequate lighting, adequate ventilation, temperature control, sanitation, medical care and access to a grievance mechanism.
(18) "General population": Those inmates who have not been able to secure release within a reasonable time period after their initial booking and who are therefore classified and housed in areas which are not designated for temporary holding or temporary special housing.
(19) "Grievance": A circumstance or action thought to be unjust or injurious and grounds for complaint to the appropriate facility administrator or designee.
(20) "Health-trained personnel": Members of the jail staff that are trained in limited aspects of health care, including correctional officers and other personnel approved by the jail physician.
(21) "Impartial hearing officer": A staff person who is not involved or witness in the incident in question and who is empowered to determine issues of fact in an inmate disciplinary hearing.
(22) "Important Jail Standards": These jail standards have been designated to support good correctional practices in training, operations, inmate services, physical plant, safety and emergency procedures, sanitation, food service, inmate rules and discipline and other areas that address good correctional practice. All full service and minimum security jails must comply with ninety per cent of all important standards.
(23) "Indigent inmate": An inmate confirmed to have insufficient resources necessary to provide for basic needs.
(24) "Jail support staff": Those persons whose job function does not reflect a primary responsibility for the security and/or supervision of inmates.
(a) Jail support staff with routine contact: Those persons who have routine and regular contact with inmates within the jail security perimeter.
(b) Jail support staff with occasional contact: Those persons who will not routinely come into contact with inmates but may enter the jail security perimeter.
(25) "Juvenile": Offenders under the age of eighteen.
(26) "Key control center": A secure location inaccessible to unauthorized persons from which facility keys are issued/returned.
(27) "Lavatory": A bowl or washbasin with faucets and drainage for washing face and hands.
(28) "Legal correspondence": mail addressed to an inmate clearly bearing the return address of an attorney at law, a public service law office, a law school legal clinic, court of law, or any office or official of the federal, state or local government and administrators or grievance systems and members of the adult parole authority.
(29) "Life safety code": A handbook published by the national fire protection association specifying minimum standards for fire safety in correctional facilities.
(30) "Major renovation": A significant structural or design change in the physical plant of a jail facility.
(31) "Official count": An actual counting and recording of inmates confined in a facility by verifying the presence of each at a given time.
(32) "Permanent log": A record of all significant activities that take place during the course of a day.
(33) "Personal observation check": A visual check by jail staff who observes inmates and their immediate surroundings without the use of mechanical or electronic, visual or audio monitoring equipment. This check is performed in such a manner that allows the observing staff to identify the health, safety and security status of the inmates and permits immediate personal interaction or response to any situation.
(34) "Physical force": Any violence, compulsion or constraint physically exerted upon or against a person's body by any means including the use of firearms, chemical agents, clubs or direct bodily contact.
(35) "Policy": A statement that reflects the philosophy of the organization, and defines the purpose for which the action is taken.
(36) " inmate worker": The classification of inmates who are given work assignments based upon a determination that they present a low security risk.
(37) "Privileges": Items or programs that may be temporarily suspended for disciplinary or classification reasons and which are generally provided to all inmates. Privileges may include access to entertainment, commissary, visits by friends, telephone calls to friends or family, snacks, dayroom access and program access.
(38) "Procedure": Provides a detailed description of how a policy is to be accomplished detailing the steps to be taken, the order in which they will be carried out, and by whom.
(39) "Qualified health care personnel": Physicians, dentists, nurses, physician assistants, psychiatrists, psychologists, psychiatric social workers, paramedics, emergency medical technicians, and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for the health needs of inmates.
(40) "Qualified mental health personnel": Physicians, physician assistants, nurses, psychiatrists, psychologists, psychiatric social workers, and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for the mental health needs of inmates.
(41) "Qualified nutritionist, registered dietitian, licensed dietitian, and registered dietitian nutritionist": A person registered as a licensed nutritionist or registred nutritionist by the American dietetic association.
(42) "Reception": The period during which an inmate undergoes admission processing, which may include orientation and initial classification, prior to regular housing assignment.
(43) "Recreation/physical exercise": Activities such as athletics and calisthenics which require at least a moderate degree of physical exertion.
(44) "Restraining device": Any mechanical contrivance, appliance, or object designed or fashioned to physically control or incapacitate a person. These include wrist manacles, ankle manacles, restraining straps, chains, chairs and other such devices.
(45) "Safety equipment": Firefighting equipment, including chemical extinguishers; hoses, nozzles and water supplies; alarm systems; sprinkler systems; self-contained breathing apparatus: emergency exits and fire escapes; and other firefighting equipment as may be provided. Also included are stretchers; first-aid kits; emergency alarms; and other such provisions and equipment.
(46) "Search": An examination falling into one of the following three categories:
(a) "Frisk search": A thorough search or "pat down" of an inmate's clothes and head cavities, while the inmate is still clothed.
(b) "Strip search": An inspection of the genitalia, buttocks, breasts, or undergarments of a person that is preceded by the removal or rearrangement of some or all of the person's clothing that directly covers the person's genitalia, buttocks, breasts, or undergarments and that is conducted visually, manually, by means of any instrument, apparatus, or object, or in any other manner while the person is detained or confined.
(c) "Body cavity search": An inspection of the anal or vaginal cavity of a person that is conducted visually, manually, by means of any instrument, apparatus, or object, or in any other manner while the person is detained or confined.
(47) "Security control equipment/devices": Firearms, weapons, lethal and non-lethal munitions, use of force devices, chemical agents and restraints. Also included are electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain jail security.
(48) "Security perimeter": A secure boundary which encloses the entire portion of the facility in which inmates are confined, including any area to which inmates may have access. Passage through this boundary must be strictly controlled.
(49) "Security post": A location within the jail from which a staff person may perform jail duties.
(50) "Separation (segregation)": Whenever possible, to be physically set apart in order to prohibit bodily contact and, where possible, communication.
(51) "Sick call": A system through which each inmate reports and receives individualized and appropriate medical services for non-emergency illness or injury.
(52) Status jail: Any jail which did not meet all "Essential Jail Standards" and/or met less than ninety per cent of the "Important Jail Standards." The inspected jail did not reach compliance. The inspection tally reflects the jail compliance status.
(53) "Surveillance check": A monitoring check of inmates, inmate occupied areas, inmate accessible areas and other jail areas by jail staff using electronic or mechanical, visual or audio monitoring equipment or by remote position of the monitoring staff.
(54) "Therapeutic seclusion": The placement and retention by qualified health care personnel of an inmate in a room for the purpose of containing a clinical situation (e.g., extreme agitation, threatening or assaultive behavior) that may result in a state of emergency.
(55) "Variance": The process of receiving approval for a method of complying with the intent of a standard when strict compliance would cause unusual, practical difficulties or financial hardship. The alternative practice must not seriously affect the security of the jail, the supervision of inmates, or the safe, healthful operation of the jail.
(56) "Work or education release": A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement for approved employment in a job and/or participation in specific programs.
R.C. 119.032 review dates: 01/29/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 8/8/86, 6/1/91, 7/1/94, 9/21/98, 1/1/03, 7/1/05, 9/1/2011, 7/26/13
(A) Nothing contained in the "Minimum Standards For Jails In Ohio" shall be construed to prohibit a city, county, or combined city and/or county agency operating a local detention facility from adopting standards and requirements governing its own employees and facilities, provided that such rules meet or exceed and do not conflict with these standards.
(B) Pursuant to section 5120.10 of the Revised Code, a facility shall comply with the standards except that the deputy director of the division of parole and community services, or designee, may grant a variance when it is determined that:
(1) Strict compliance would cause unusual practical difficulties or financial hardships;
(2) Existing or alternative practices meet the intent of the standards, and the granting of a variance would not seriously affect the security of the facility, the supervision of inmates, or the safe, healthful operation of the facility.
(A) The common goals of the Ohio department of rehabilitation and correction (ODRC) and the Ohio jail community require that a Ohio jail advisory board (OJAB) be established to advise and assist the deputy director of operations of the ODRC to promote cooperative practitioner involvement in the development of jail standards and policies for the safe, secure, humane, and efficient operation of jails in Ohio.
(B) The OJAB shall fulfill all duties delegated to it by the deputy director of operations of the ODRC and the jail community for purposes of advising on the following topics which may include, but are not limited to: jail inspection reports (e.g., appeals, action plans, and variance requests); minimum standards for jails; jail classification; jail construction or renovation; certification of jails; and jail management best practices.
(C) The membership of the OJAB shall be comprised of the deputy director of operations of the ODRC, ODRC administrative staff involved in the management of minimum standards for jails, and ODRC legal counsel. Also, the director of the ODRC shall appoint as OJAB members, no more that twenty-four persons taken from lists of nominees representing and furnished by the following groups, government entities, or professional associations with the following minimum number of representatives: three from the Buckeye state sheriffs association including a jail administrator; three from the Ohio association of chiefs of police including a jail administrator; three (one each from the north, south, and at large) from the county commissioners association of Ohio; one from the Ohio prosecuting attorney's association; one from the Ohio association of criminal defense lawyers; one from the Ohio judicial conference; three from the Ohio municipal league; one from the Ohio department of mental health; one from the Ohio department of youth services; and other state-level, cabinet agencies as deemed appropriate. The director of the ODRC may appoint other members as deemed necessary.
(D) In nominating members for appointment to OJAB, the group, government entity, or professional association seeking representation shall choose a demographically (e.g., geographically and jail classification) representative group of nominees. OJAB members shall be designated voting members or ex-officio members upon appointment.
(E) Ex-officio members include an indefinite number of persons from such groups, government entities, or professional associations as the director of the ODRC may determine. Such members will not have the right to vote, but may attend meetings and comment on matters under consideration by OJAB.
(F) Voting members shall be appointed to a three-year fixed term and reappointed consecutively only once, at the discretion of the director of the ODRC.
(G) The officers of the OJAB shall include a chairperson, a vice chairperson, and a secretary. The OJAB shall meet, at least, once every three months and at the discretion of the chairperson.
(H) A majority of the voting members or their designees present at a meeting shall constitute a quorum for transacting any of the OJAB's business, with a majority vote of those members being required to make a recommendation.
(I) The deputy director of operations of the ODRC shall develop by-laws governing, but not limited to, the following matters: appointment of members to the OJAB and their voting rights; election, terms, and duties of officers; scheduling and procedures of meetings; and establishment of committees. Such by-laws shall be subject to the approval of the OJAB.
(J) The OJAB shall exercise no administrative function over the ODRC. The members of the OJAB shall neither receive compensation, nor expenses in attending OJAB meetings and functions.