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.

(D) The inspectors employed by the bureau shall ascertain compliance with the “Minimum Standards for Jails in Ohio,” contained in rules 5120:1-8-01 to 5120:1-12-19 of the Administrative Code.

(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.

R.C. 119.032 review dates: 01/07/2008 and 01/07/2013

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, 7/1/2005

(A) The term “Minimum 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 5120:1-8-19 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 5120:1-10-19 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 5120:1-12-19 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 5120:1-8-19 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.

(B) As used in rules 5120:1-7-01 to 5120:1-7-04 and 5120:1-8-01 to 5120:1-12-19 of the Administrative Code, the following terms have the meanings indicated in this rule:

(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 a prisoner to an individual housing cell or designated housing unit, that physically separates the prisoner from the general population for specified reasons other than as a penalty, thereby prohibiting physical contact between this prisoner 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 prisoner 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 prisoners 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 prisoner counts by the total number of days in the specified period.

(6) “Certification” : The process by which a jurisdiction is officially acknowledged as operating a detention facility that is in compliance with the “Minimum Standards for Jails in Ohio.”

(7) “Classification” : A system or process for determining the needs and requirements of prisoners 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.

(8) “Clergy” : A clergyperson or minister from a recognized religious community outside the jail who is the spiritual leader for a particular prisoner

(9) “Contraband” : Anything possessed by prisoners 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) “De-certification” : the removal of certification status prior to the end of the five year certification period resulting from the jurisdiction’s failure to maintain compliance.

(12) “Disciplinary isolation” : The act of confining a prisoner to an individual housing cell that physically separates the prisoner from the general prisoner population as a penalty, thereby prohibiting physical contact between the prisoner and other prisoners.

(13) “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.

(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 prisoners to safe areas or the exterior of buildings is not required.

(15) “Foot-candle” : A unit for measuring the level of illumination.

(16) “Fundamental rights” : Rights which may not be suspended for disciplinary or classification reasons and which are to be guaranteed to all prisoners 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.

(17) “General population” : Those prisoners 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.

(18) “Grievance” : A circumstance or action thought to be unjust or injurious and grounds for complaint to the appropriate facility administrator or designee.

(19) “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.

(20) “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 a prisoner disciplinary hearing.

(21) “Indigent prisoner” : A prisoner confirmed to have insufficient resources necessary to provide for basic needs.

(22) “Jail support staff” : Those persons whose job function does not reflect a primary responsibility for the security and/or supervision of prisoners.

(23) “Juvenile” : Offenders under the age of eighteen.

(24) “Key control center” : A secure location inaccessible to unauthorized persons from which facility keys are issued/returned.

(25) “Lavatory” : A bowl or washbasin with faucets and drainage for washing face and hands.

(26) “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.

(27) “Life safety code” : A handbook published by the national fire protection association specifying minimum standards for fire safety in correctional facilities.

(28) “Major renovation” : A significant structural or design change in the physical plant of a jail facility.

(29) “Official count” : An actual counting and recording of prisoners confined in a facility by verifying the presence of each at a given time.

(30) “Permanent log” : A record of all significant activities that take place during the course of a day.

(31) “Personal observation check” : A visual check by jail staff who observes prisoners 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 prisoners and permits immediate personal interaction or response to any situation.

(32) “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.

(33) “Policy” : A statement that reflects the philosophy of the organization, and defines the purpose for which the action is taken.

(34) “Prisoner worker” : The classification of prisoners who are given work assignments based upon a determination that they present a low security risk.

(35) “Privileges” : Items or programs that may be temporarily suspended for disciplinary or classification reasons and which are generally provided to all prisoners. Privileges may include access to entertainment, commissary, visits by friends, telephone calls to friends or family, snacks, dayroom access and program access.

(36) “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.

(37) “Provisional certification” : A temporary recognition of a jail for meeting an acceptable level of standards with minor exceptions. Specific conditions and/or stipulations shall be imposed during the period of time required to comply with the standards in question.

(38) “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 prisoners.

(39) “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 prisoners.

(40) “Qualified nutritionist or dietician” : A person registered or eligible for registration by the American dietetic association, or has documented equivalency in education, training or experience.

(41) “Reception” : The period during which a prisoner undergoes admission processing, which may include orientation and initial classification, prior to regular housing assignment.

(42) “Recreation/physical exercise” : Activities such as athletics and calisthenics which require at least a moderate degree of physical exertion.

(43) “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.

(44) “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.

(45) “Search” : An examination falling into one of the following three categories:

(a) “Frisk search” : A thorough search or “pat down” of a prisoner’s clothes and head cavities, while the prisoner 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.

(46) “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.

(47) “Security perimeter” : A secure boundary which encloses the entire portion of the facility in which prisoners are confined, including any area to which prisoners may have access. Passage through this boundary must be strictly controlled.

(48) “Security post” : A location within the facility from which a staff person may perform jail duties.

(49) “Separation (segregation)” : Whenever possible, to be physically set apart in order to prohibit bodily contact and, where possible, communication.

(50) “Sick call” : A system through which each prisoner reports and receives individualized and appropriate medical services for non-emergency illness or injury.

(51) “Surveillance check” : A monitoring check of prisoners, prisoner occupied areas, prisoner 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.

(52) “Therapeutic seclusion” : The placement and retention by qualified health care personnel of a prisoner 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.

(53) “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 facility, the supervision of inmates, or the safe, healthful operation of the facility.

(54) “Work or education release” : A formal arrangement, sanctioned by law, whereby a prisoner is permitted to leave confinement for approved employment in a job and/or participation in specific programs.

R.C. 119.032 review dates: 01/07/2008 and 01/07/2013

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, 1/1/2003, 7/1/5005

(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 administrator of the bureau of adult detention facilities and 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.

R.C. 119.032 review dates: 01/07/2008 and 01/07/2013

Promulgated Under: 111.15

Statutory Authority: none listed

Rule Amplifies: none listed

Prior Effective Dates: 9/21/98

(A) Pursuant to executive order no. 84-1, the bureau of adult detention (hereinafter “bureau”) shall utilize the input and recommendations of the jail advisory board, to the extent outlined in this rule, in performing its functions of investigating and supervising county and municipal jails and workhouses.

(B) The jail advisory board shall assist the bureau in the development of policy and procedure by:

(1) Critiquing standards and policies;

(2) Reviewing and commenting upon the bureau’s goals and objectives;

(3) Developing funding recommendations for the implementation of standards and criteria for compliance.

(C) The jail advisory board will play an active role in the bureau’s activities of improving jails in Ohio by:

(1) Serving on review panels to provide input and recommendations for the bureau’s consideration in monitoring compliance;

(2) Making suggestions on the appropriate uses of grant money;

(3) Providing liaison between the bureau and constituents of advisory board members.

(D) The jail advisory board will aid in the jail education process by:

(1) Playing a leadership role in professional associations discussing jail issues;

(2) Familiarizing itself and the public with jail standards and related issues;

(3) Working to develop constituent groups interested in jail issues;

(4) Being an information source for the public on policies of the bureau.

(E) The director of the department of rehabilitation and correction shall appoint jail advisory board members from lists of nominees furnished by the groups listed in paragraph (E)(1) of this rule and may appoint other members as he deems necessary. In nominating members for appointment to the jail advisory board, the group seeking representation shall choose a demographically representative group of nominees. Jail advisory board members shall be designated “voting members” or “ex-officio” members upon appointment.

(1) Voting members shall consist of no more than twenty-four persons, representing the following professional associations and Ohio General Assembly:

(a) Chiefs of police;

(b) City, village or township governing officials;

(c) County commissioners;

(d) County sheriffs;

(e) Local judges;

(f) Local prosecutors;

(g) State legislators.

(2) Ex-officio members include an indefinite number of persons from such offices, organizations or agencies as the director may determine. Such members will not vote on recommendations to the bureau or serve on review panels, but may attend meetings and comment on matters under consideration.

(F) Terms of membership:

(1) Voting members shall be appointed to three-year fixed terms, which shall be staggered to ensure orderly transition. Voting members may be reappointed consecutively only once, at the discretion of the director or his designee, such that six years consecutive membership is permitted.

(2) Ex-officio members shall serve indefinite terms at the discretion of the executive officer of the group, agency or office he represents.

(G) Any board member’s service shall terminate when:

(1) The member voluntarily resigns;

(2) The member’s professional status changes and the group he represents nominates a replacement;

(3) The member’s first term expires without reappointment;

(4) The member’s second consecutive term expires;

(5) The group represented desires and nominates a replacement.

(H) The chief of the division of parole and community services or designee shall chair the jail advisory board.

(I) The voting members shall elect an executive committee consisting of five voting members, one of which shall be elected chairperson by the executive committee. The executive committee shall:

(1) Make recommendations to the bureau, when called upon, on behalf of the full board, in an emergency;

(2) Recommend to the bureau items to be on the board’s agenda;

(3) Establish subcommittees as desired, designate members to serve thereon, and specify duties and purposes of same;

(4) Meet, through its chairperson, with the chairperson of the jail advisory board concerning utilization of board members on review panels.

(J) The jail advisory board shall meet at least four times per year and when special meetings are called by the director, the chairperson, or the executive committee.

(1) The executive committee shall serve as the board’s policy-making body between meetings;

(2) Nine voting board members, or their designees, shall constitute a quorum for transacting any of the board’s business, with a majority vote of those in attendance being required to make a recommendation or policy.

(K) Neither the director nor the bureau is bound to act upon the advice of the jail advisory board, which is established only for the purpose of considering local input into the decisions of the department affecting jails.

(L) Board members shall receive reimbursement for actual and necessary expenses incurred for official business.

R.C. 119.032 review dates: 01/07/2008 and 01/07/2013

Promulgated Under: 111.15

Statutory Authority: 5120.01, 5120.10, 121.13

Rule Amplifies: none listed

Prior Effective Dates: 10/29/84