Chapter 5120-11 Intensive Program Prisons

5120-11-01 Rules.

(A) The rules of the department of rehabilitation and correction shall be applicable to the operation and facilities of the intensive program prison, except as modified by this chapter. The rules set forth in this chapter govern the administration of the department's intensive program prison. In case of an apparent inconsistency between the rules set forth in this chapter and other department rules, the rules in this chapter shall control.

(B) Prisoners who are assigned to the intensive program prison shall have access to all department and facility rules pertaining to prisoner participation in this program.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.), 10/03/91, 5/22/98

5120-11-02 Intensive program prison.

(A) The director of rehabilitation and correction has established an intensive program prison that may be used for eligible prisoners who the department may permit to serve their sentence at an intensive program prison.

(B) The intensive program prison will confine eligible prisoners for ninety days, during which time the prisoner actively serves in an intensive program.

(C) The intensive program prison is designed to provide an alternative to traditional incarceration for prisoners who meet specified criteria in paragraphs (C), (E) and (F) of rule 5120-11-03 of the Administrative Code, when space is available and the director approves. Prisoners participating in the program will follow a regimented program involving a highly structured routine which may include, but is not limited to, discipline, physical training and work assignments, together with substance-abuse counselling, education, employment-skills training, social-skills training, psychological treatment, self-improvement counseling Vocational training, alcohol and other substance-abuse treatment, community service and conservation work.

(D) The director and the chief of the adult parole authority may delegate responsibilities stated in this chapter to another person or persons or designate another person or persons to perform the duties specified.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.) 10/03/91, 5/22/98

5120-11-03 Intensive program prison eligibility and selection criteria.

(A) Selection for an intensive program prison is open to any eligible prisoner in accordance with this rule, regardless of race, sex, religion, age, disability or national origin. The wardens of reception centers and institutions with an intensive program prison shall designate staff to screen for eligibility into that program based on the requirements in this rule.

(B) If a court's sentencing entry specifically expresses disapproval, objection or ineligibility for placement in an intensive program prison, the prisoner is ineligible for such placement. If the court's sentencing entry specifically expresses approval of or recommends placement in an intensive program prison, or if the sentencing entry is silent regarding such placement, the prisoner shall be screened for placement according to this rule. A prisoner meeting the requirements of paragraph (C) of this rule shall receive an explanation of the program including, if applicable, the thirty-day curriculum on motivation, in order to determine the prisoner's desire to participate.

(C) A prisoner is eligible to participate in the program, if he meets the applicable statutory eligibility requirements set forth in paragraph (C)(1) or paragraph (C)(2) or paragraph (C)(3) of this rule.

(1) The following requirements apply to a person upon whom a court imposed a term of imprisonment prior to July 1, 1996, and a person upon whom a court, on or after July 1, 1996, and in accordance with law existing prior to July 1, 1996, imposed a term of imprisonment for an offense that was committed prior to July 1, 1996. An eligible prisoner:

(a) Has been convicted of or pleaded guilty to, and has been sentenced for a felony of the third or fourth degree;

(b) Has not, during the commission of that offense or the offense of indictment, caused physical harm to any person, as defined in section 2901.01 of the Revised Code or made an actual threat of physical harm to any person with a deadly weapon, as defined in section 2923.11 of the Revised Code;

(c) Has not been sentenced for an offense with a firearm specification;

(d) Has not been previously convicted of or pleaded guilty to any felony for which, pursuant to sentence, he was confined for thirty days or more in a correctional institution in this state or in a similar institution in any other state or the United States;

(e) Is not less than eighteen years of age nor more than thirty years of age at the time of admission to the department;

(f) Does not have a sentence of actual incarceration; and

(g) Has no conviction for a sex offense, as set forth in Chapter 2907. of the Revised Code, as it existed prior to July 1, 1996, or any comparable offense under the laws of any other state or the United States.

(2) The following requirements apply to a person upon whom a court imposed a stated prison term for a non-OMVI offense committed on or after July 1, 1996. A prisoner who has been convicted of or pleaded guilty to, and has been sentenced for, a felony is eligible unless serving a prison term in any of the following categories:

(a) Aggravated murder, murder, or a felony of the first or second degree or a comparable offense under the law in effect prior to July 1, 1996 or the prisoner previously has been imprisoned for aggravated murder, murder, or a felony of the first or second degree or a comparable offense under the law in effect prior to July 1, 1996;

(b) A mandatory prison term, as designated by the court's sentencing entry,

(c) A felony of the third, fourth, or fifth degree that either is a sex offense, an offense betraying public trust as indicated by the nature of the offense, an element of the offense or by a finding of the sentencing court of such a sentencing factor, or an offense in which the prisoner caused or attempted to cause actual physical harm to a person, or the prisoner is serving a prison term for a comparable offense under the law in effect prior to July 1, 1996, or the prisoner previously has been imprisoned for an offense of that type or a comparable offense under the law in effect prior to July 1, 1996.

(d) A mandatory prison term imposed for a third or fourth degree felony OMVI offense, as defined in section 2929.01 of the Revised Code, that was imposed pursuant to division (G)(2) of section 2929.13 of the Revised Code.

(3) The following requirements apply to a prisoner upon whom a court imposed a stated prison term(s) for third and/or fourth degree felony OMVI offense(s) committed on or after July 1, 1996. That prisoner who has been sentenced to one or more mandatory prison term(s) for third and/or fourth degree felony OMVI offense(s) is eligible to participate in a OMVI treatment program unless any of the following applies regarding that prisoner:

(a) In addition to the mandatory prison term for the third and/or fourth degree felony OMVI offense(s), the prisoner also is serving a prison term of a type described in paragraph (C)(2)(a), (C)(2)(b), or (C)(2)(c) of this rule. A mandatory prison term, as defined in section 2929.01 of the Revised Code, does not include a third or fourth degree felony OMVI offense for ineligibility purposes unless convicted of a specification under section 2941.1413 of the Revised Code.

(b) The prisoner previously has been imprisoned for an offense of a type described in paragraph (C)(2)(a), or (C)(2)(c) of this rule or a comparable offense under the law in effect prior to July 1, 1996.

(D) If an applicant is eligible pursuant to paragraph (E) and either paragraph (C)(3) or (C)(2) of this rule and the sentencing entry is silent on the prisoner's placement in an intensive program prison, then the warden or contract monitor, if applicable, shall notify, by certified mail, the sentencing judge of its intention to place the applicant in a intensive program prison. If the judge notifies the warden or contract monitor, if applicable, within thirty days after the mail receipt, that the judge does not approve intensive program prison for the prisoner, then the warden or contract monitor, if applicable, shall notify, in writing, the prisoner of the disapproved placement. If the sentencing judge does approve intensive program prison for the prisoner or does not notify the warden or contract monitor, if applicable, of the disapproved placement within thirty days after the mail receipt, then the director may place the prisoner in the program. This notification process does not apply if the sentencing court finds statutory eligibility for the prisoner's placement in an intensive program prison and/or the sentencing entry either approves or recommends such placement.

(E) In determining program approval of eligible prisoners, the warden's designee or contract monitor's designee, if applicable, shall examine each prisoner's record. No prisoner shall be selected unless the prisoner:

(1) Has not more than sixty months to serve before the expiration of his definite sentence or he becomes eligible for parole consideration if serving an indefinite sentence, or expiration of his stated prison term. However, if the prisoner is eligible pursuant to paragraph (C)(3) of this rule, then the prisoner shall not have more than twenty four months to serve such sentence or term;

(2) Has a sentence or stated prison term with sufficient time to serve the ninety-day imprisonment phase of the program;

(3) Has no outstanding felony detainers, felony warrants or pending felony charges;

(4) Has no conviction for an escape as defined in section 2921.34 of the Revised Code, or any comparable offense under the laws of any other state or the United States;

(5) Has been classified as level one or level two security. However, if the prisoner is eligible pursuant to paragraph (C)(3) of this rule, then the prisoner has been classified as level one security;

(6) Has not been identified as an active or disruptive security threat group participant;

(7) Has demonstrated an acceptable institutional adjustment and the prisoner's placement in the program is in the best interests of the department;.

(8) Is at least eighteen years of age;

(9) Has completed no more than one intensive program prison placement; and

(10) Has no conviction for illegal conveyance of weapons, drugs or other prohibited items onto the grounds of a detention facility or institution in violation of section 2921.36 of the Revised Code.

(F) Eligible prisoners who satisfy the requirements of paragraph (E) of this rule and being considered for placement at Camp Reams or Camp Meridian, shall be referred to health professionals to undergo medical, only if a medical level two or above, and mental health only if a C1 classification, screenings which focus on current physical and mental health issues which could compromise the prisoner's ability to successfully complete the program. The health professional shall make recommendations on the prisoner's physical and mental ability to participate in the Camp Reams or Camp Meridian program. In the event the prisoner is found to have some physical or mental impairment, the health professional shall consult with the intensive program prison, unit administrator or the program supervisor to determine whether the impairment would substantially limit the prisoner's participation in the program. If not substantially limiting, then the prisoner's participation in the program should not be disapproved due to the impairment. If substantially limiting, then eligibility for the program turns on whether the prisoner can perform the essential functions of the program, with or without a reasonable accommodation. The prisoner must be able to perform, even with a reasonable accommodation for his or her impairment, the essential functions of the program. If the prisoner cannot so perform then the health professional shall not recommend the prisoner for the program. If the prisoner can so perform, even with a reasonable accommodation then the health professional shall recommend the prisoner for the program. The prisoner must remain physically and mentally capable of performing the essential functions of the program in all phases of the program in order to continue participation in the program.

(G) If the prisoner meets the eligibility criteria of paragraph (C) of this rule, the requirements for program selection in paragraph (E) of this rule, and, if applicable, the sentencing judge has not disapproved intensive program prison, the director shall review all relevant information, including but not limited to, the prisoner's application, the warden's designee's or contract monitor's designee, if applicable, recommendation, the health professionals' recommendations, and any conviction for a felony offense of violence within the previous five years, and approve or disapprove the prisoner's placement in the program. Prisoners shall be notified in writing of the director's decision.

(H) A prisoner approved for the program may be confined at the reception center or other designated correctional institution until the prisoner is transferred to the intensive program prison. Acceptance in the intensive program prison shall not be deemed to occur until the prisoner is admitted into such program. A prisoner to be placed into an intensive program prison for an OMVI offense(s) is to be admitted into the program as soon as practicable, given the time period for the program selection process, after arrival at the prison unless the record officer indicates such an admission date due to the prisoner serving a mandatory sentence of one hundred twenty days or more. A prisoner to be placed into a therapeutic alcohol or other drug intensive program prison shall complete a thirty-day pre-treatment curriculum on motivation prior to admittance into such program.

(I) When a prisoner is accepted to participate in the program, the director shall notify the sentencing court, in writing, pursuant to paragraph (B) of rule 5120-11-21 of the Administrative Code. If the sentencing court did not disapprove a prisoner's placement in the program pursuant to notice set forth in paragraph (D) of this rule and, in any event, if such placement does not occur, the director shall notify, in writing, the court of the reasons therefore.

(J) Participation in the program is a privilege. No prisoner has a right to participate or to continue to participate because he meets the eligibility and selection criteria. However, once a prisoner is admitted into the program, the prisoner is not permitted to voluntarily withdraw from the program within twenty-one days of admittance.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5120.031
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.), 10/03/91, 09/24/94, 12/18/94, 07/01/96, 5/22/98, 12/31/2000, 3/30/2005, 12/15/2006, 3/27/2008, 12/29/2008

5120-11-04 Terms and conditions of participation in the intensive program prison. [Rescinded].

Rescinded eff 3-30-05

5120-11-05 Disciplinary procedure.

(A) Prisoners are expected to adhere to strict standards of discipline within the intensive program prison. After orientation, prisoners will be expected to know and comply with the rules of the program.

(B) All prisoners assigned to the intensive program prison are subject to the rules, sanctions, and disciplinary procedures set forth in Chapter 5120-9 of the Administrative Code.

(C) Notwithstanding the disciplinary process set forth in Chapter 5120-9 of the Administrative Code, training alternatives may be summarily imposed for infractions of rules or program requirements. The unit administrator/program supervisor shall designate staff members who are authorized to immediately implement training alternatives when a prisoner commits a violation of any published institutional rule as set forth in paragraph (C)(1) of rule 5120-9-06 of Administrative Code. The unit administrator/program supervisor shall approve any methods of alternative training to be utilized. Approved training alternatives include:

(1) Extra duty assignments;

(2) Physical exercise;

(3) Verbal counseling;

(4) Referral to or additional educational, counseling, or other program activities;

(5) Other assigned detail as appropriate.

(D) If a conduct report is prepared by a staff member, it shall be forwarded to the hearing officer for consideration. The hearing officer is authorized to impose any disposition, pursuant to rule 5120-9-07 of the Administrative Code, including alternative training set forth in paragraph (C) of this rule.

(E) If the hearing officer refers a conduct report to the rules infraction board for disposition, the board is authorized to impose discipline, pursuant to rule 5120-9-08 of the Administrative Code, with the exceptions of placement in disciplinary control and denial of sentence deduction, or the alternative training set forth in paragraph (C) of this rule. The board is also authorized to recommend that a prisoner be terminated from the program. Such recommendation shall be forwarded to the warden, warden's designee, contract monitor, or contract monitor's designee, if applicable, for review. If the warden, warden's designee, contract monitor, or contract monitor's designee, if applicable, approves a termination recommendation, the director shall review such decision for a final determination.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5120.031
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.); 10/03/91; 05/22/98, 12/31/2000, 12/15/2006, 04/08/2007

5120-11-06 Program structure.

(A) Intensive program prison is an alternative form of correctional life stressing a highly structured and regimented daily routine which includes programming and counseling. The program is designed to be a resocialization and learning period, with prisoners expected to participate in physical activity and self-enhancement interventions.

(B) The standard activity day may be from five a.m. to ten p.m. subject to revision by the unit administrator or program supervisor. The daily prisoner schedule may include physical training, cleaning of residence areas, a complete work day, group meetings, education, substance-abuse counseling, leisure time, and training in mental health, social and employment skills.

A prisoner handbook for the ninety-day imprisonment phase of the program shall be given to each participant for specific schedules and detailed explanations of programming, rules, and regulations.

The staff may instruct the prisoners in the following major components of the program:

(1) Physical training consisting of exercise designed to develop optimum physical conditioning for positive growth and health of the prisoner;

(2) Work assignments consisting of manual labor which shall be productive in nature whenever possible;

(3) Substance abuse programming designed to provide instruction in understanding the addiction process and the use and abuse of drugs;

(4) Personal development programming including, but not limited to, training in decision making and in the development of social-adjustment skills; and

(5) Education geared toward the achievement of verbal, writing, reading and math skills. Prisoners will be enrolled in educational programs based upon individual need (i.e., adult basic education or high school equivalency education).

(C) The intensive program prison, shall have a medical professional available to review any medical complaint to determine the need for treatment and/or program restrictions. Minor medical complaints, as determined by the medical staff, shall not prevent the prisoner from full program participation on a daily basis. If a prisoner is found to be feigning an illness or ailment by the medical staff, he may be issued a conduct report and he may be subject to removal from the program.

(D) A prisoner participating in the program shall actively serve ninety days at the intensive program prison, not including time served in correctional facilities while awaiting transfer to this program, as provided in paragraph (H) of rule 5120-11-03 of the Administrative Code, Days actively served means days in which the prisoner was present at the intensive program prison and participated in scheduled daily routines. A prisoner may be excused from active service for no more than five days for either medical treatment as authorized by the medical staff or for just cause as determined by the unit administrator or designee. Any other time which is not spent in active service shall not be credited toward requirements for satisfactory completion of the ninety-day imprisonment phase. Time required to be served shall neither be reduced by good time as provided in division (F) of section 2967.19 nor earned credit time as provided in division (E) of section 2967.193 of the Revised Code.

(E) A prisoner will be evaluated at least monthly to obtain an objective assessment of the prisoner's progress in all activities of the program. An evaluation form will be completed and forwarded to the prisoner's record files. Pursuant to paragraph (B) of rule 5120-11-07 of the Administrative Code, all unsatisfactory evaluations will be reviewed by the unit administrator/program supervisor or designee to determine whether a program review hearing is warranted. A prisoner shall not have more than one unsatisfactory evaluation during the ninety-day period. A prisoner's final review must be satisfactory to complete the imprisonment phase of the program.

(F) Each prisoner shall be required to actively serve for ninety days to satisfactorily complete the imprisonment phase of the intensive program prison unless excused, as provided in paragraph (D) of this rule. Upon satisfactory completion, a prisoner may receive a certificate authorizing him to serve a term of post-release control or intermediate transitional detention of not less than thirty days and not more than sixty days or, if applicable, for a period of time determined by the director, which detention may be in a halfway house, a community-based correctional facility and program or district community-based correctional facility and program as established under sections 2301.51 to 2301.56 of the Revised Code, or any other facility approved by the director. A prisoner who has satisfactorily completed the ninety-day imprisonment phase of the program, but has yet to be released to intermediate transitional detention or post-release control shall continue to be subject to the rules of the department.

(G) If a prisoner fails to satisfactorily complete the ninety-day imprisonment phase of the program, he shall be removed from the program pursuant to rule 5120-11-08 of the Administrative Code and be transferred to a correctional institution to continue the court imposed sentence.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.031
Rule Amplifies: 5120.031 ; 5120.032 ; 2967.19 ; 2967.193 ; 2301.51 ; 2301.52 ; 2301.53 ; 2301.54 , 2301.55 ; 2301.56 ; 5120.033
Prior Effective Dates: 07/12/91 (Emer.); 10/03/91; 07/01/96; 5/22/98, 12/31/2000

5120-11-07 Program review hearings.

(A) The warden of the intensive program prison shall appoint three program staff to conduct program review hearings.

(B) A program review hearing may be conducted when the prisoner has been referred for possible involuntary termination from the program for reasons other than a rule infraction as set forth in paragraphs (B)(2)(a) to (B)(2)(c) of rule 5120-11-08 of the Administrative Code. Referrals may be made by any program facility staff and shall be subject to review by the unit commander/program supervisor or designee to determine whether a program review hearing is warranted.

(C) The prisoner shall receive written notice no less than twenty-four hours prior to the hearing. The prisoner may waive the twenty-four hour advance notice. Any such waiver shall be in writing.

(D) The prisoner shall have the opportunity to appear and be heard by the program review hearing committee.

(1) The prisoner shall not have the right to legal counsel. The prisoner may request the assistance of a staff member in the preparation of his response if he is illiterate, does not speak English, or when other circumstances exist which preclude him from adequately preparing his response.

(2) The prisoner may, upon written request and for good cause shown, be granted additional time to prepare his response.

(3) Prior to the hearing, the prisoner may request witnesses. The request shall be in writing and shall include an explanation of what the witnesses would state. If the prisoner fails to make the request in a timely manner before the hearing, the chairperson of the committee may disapprove witness requests or grant a continuance for good cause shown.

(4) The prisoner may make any relevant statement or produce any relevant documents in support of his response.

(E) Any person who initiated the referral for a hearing, or who witnessed the incidents which form the basis for the referral, or who conducted a formal investigation into the allegations supporting the referral, or who is otherwise partial, is ineligible to serve on the committee for the prisoner's program review hearing.

(F) The committee members may interview witnesses or review summaries of their testimony prior to or at the hearing and review any information relevant to the hearing.

(1) The prisoner does not have the right to confront or cross-examine any witnesses, but may submit questions for the witnesses to the chairperson prior to or at the hearing.

(2) The chairperson may disapprove any witness requested by the prisoner if their testimony would be irrelevant or repetitive, or if the witness is unavailable, or their presence would jeopardize the safety or disrupt the security of the facility or of any person. If any witness is disapproved, the reason shall be stated in writing and made a part of the record.

(G) The chairperson may continue the hearing when additional information is needed, for further investigation, or for good cause shown by the prisoner.

(H) The committee shall take one of the following actions, based upon the relevant information admitted and a majority vote:

(1) Find that the prisoner's actions do not warrant termination from the program or any other action. In that case, the committee shall order that the program review hearing be dismissed and records of the hearing shall be expunged from the prisoner's record files. A copy shall be maintained in an expungement file;

(2) Find that further investigation or information is necessary to determine if the prisoner's actions warrant termination from the program;

(3) Find that further observation of the prisoner's performance in the program is needed and continue the hearing;

(4) Find that the prisoner's actions do not warrant program termination, but initiate one or more of the training alternatives in accordance with paragraph (C) of rule 5120-11-05 of the Administrative Code; and or

(5) Find that the prisoner's actions warrant program termination and recommend to the warden that he be terminated from the program.

(I) A record, signed by the committee members, which contains a summary of oral and written statements and other information presented, the reasons for their decision, and the action taken shall be submitted to the warden or designee for review and approval. A confidential statement and the identity of the person making such a statement need not be divulged to the prisoner if such disclosure would create or increase a risk of harm to the confidential informant. The written record shall reflect that confidential statements were relied upon and shall include a finding by the chairperson based on the factors set forth in paragraph (H) of rule 5120-9- 08 of the Administrative Code as to why the person making the statement is believed to be credible. A record of the confidential statement shall be preserved in a secure location.

(J) The warden or designee shall review all program review hearing dispositions. The director shall review only those program review hearing dispositions which recommend that the prisoner be terminated from the program. The director or warden or their designees may take the following actions:

(1) Affirm the disposition in whole or in part;

(2) Order additional or new proceedings;

(3) Suspend, overturn or modify the disposition;

(4) Approve training alternatives in accordance with paragraph (C) of rule 5120-11-05 of the Administrative Code; or

(5) Dismiss and expunge the records.

(K) The prisoner shall be provided with a copy of the written summary which includes the action approved by the warden or designee and a copy shall be placed in the prisoner's record files.

Effective: 07/26/2013
R.C. 119.032 review dates: 04/30/2013 and 07/26/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.), 10/03/91, 12/18/94, 5/22/98

5120-11-08 Program removal.

(A) A prisoner's privilege to continue to participate in the program may be revoked at the sole discretion of the director upon the recommendation of either the program review hearing committee or the rules infraction board with the warden's approval, or contract monitor's approval, if applicable.

(B) As provided in this paragraph a prisoner may be removed from the ninety-day imprisonment phase of the program and, if so removed, shall be required to serve the remainder of his sentence imposed by the sentencing court.

(1) The prisoner who desires to voluntarily terminate his participation, after twenty-one days, in the program for non-medical reasons shall be interviewed by the unit commander/program supervisor or designee. Following the interview, the prisoner shall sign a notice of voluntary termination, if he decides to be removed.

(2) The prisoner may be involuntarily terminated from the program whenever it is determined that:

(a) The prisoner received an unsatisfactory evaluation in a monthly review of all activities of the program as set forth in paragraph (E) of rule 5120-11-06 of the Administrative Code;

(b) The prisoner failed to satisfactorily complete program requirements within ninety days of imprisonment, as documented by program officials;

(c) The prisoner does not meet the eligibility criteria or requirements for program approval pursuant to paragraphs (C), (E) and (F) of rule 5120-11-03 of the Administrative Code; or

(d) The rules infraction board found the prisoner guilty of violating a disciplinary rule as set forth in rule 5120-9-06 of the Administrative Code.

(C) A prisoner who has been removed from the program shall not later be readmitted to the program without approval from the director. A prisoner who has been removed from the program pursuant to paragraphs (E)(3) and/or (F) of rule 5120-11-03 of the Administrative Code, and later readmitted may receive credit for previous days, actively served in the program as set forth in paragraph (D) of rule 5120-11-06 of the Administrative Code. However, if a prisoner is removed due to a pending felony charge that results in a criminal conviction, then the prisoner may apply to start the program again with no such credit being granted.

(D) Prior to involuntary termination from the program, the prisoner shall be afforded a disciplinary hearing in accordance with rule 5120-11-05 of the Administrative Code or a program review hearing in accordance with rule 5120-11-07 of the Administrative Code.

(E) In all cases of removal, pursuant to paragraph (E) of rule 5120-11-21 of the Administrative Code, the director shall notify the sentencing court, in writing, of the administrative decision to terminate the prisoner from participation in the program.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5120.031
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.), 10/02/91, 12/18/94, 5/22/98, 12/15/2006

5120-11-09 Reduction of sentence for educational achievements.

(A) Any person upon whom a court imposed a term of imprisonment prior to July 1, 1996, and a person upon whom a court, on or after July 1, 1996, and in accordance with law existing prior to July 1, 1996, imposed a term of imprisonment for an offense that was committed prior to July 1, 1996, that participates in the shock incarceration program may earn a reduction from his minimum or definite sentence for educational achievements in the following types programs:

(1) Tutoring;

(2) General education development (GED); or

(3) Adult basic literacy education (ABLE) levels 1-8.

This rule does not apply to a person upon whom a court imposed a stated prison term for an offense committed on or after July 1, 1996.

(B) A person participating in the shock incarceration program who holds a high school diploma or a certificate of high school equivalence may be permitted to tutor other participants in the program.

If such person is permitted to tutor then he must be certified by a trainer who has current certification from Laubach-literacy volunteers of America. Next, such person must engage in tutoring other participants for a period of at least fifty hours, then he is entitled to a reduction in his minimum or definite sentence of two months or the remainder of that sentence, whichever is less.

(C) A person participating in the shock incarceration program who does not hold a high school diploma or a certificate of high school equivalence may participate in an educational program that is designed to award a certificate of high school equivalence to those persons who successfully complete the educational program, whether the completion occurs during the ninety-day imprisonment phase or intermediate transitional detention phase or parole supervision phase.

If such person participates in and successfully completes such educational program, then he will obtain a certificate of high school equivalence which means a statement that is issued by the state board of education or an equivalent agency of another state and that indicates that its holder has achieved the equivalent of a high school education as measured by scores obtained on the tests of general educational development published by the American counsel on education. Upon obtaining a certificate of high school equivalence, a person is entitled to a reduction in his minimum or definite sentence of six months or the remainder of that sentence, whichever is less.

If a person participates in and makes satisfactory progress towards the completion of, but does not complete, a program for a certificate of high school equivalence, then he is entitled to a reduction in his minimum or definite sentence of two months or the remainder of that sentence, which ever is less.

A person participating in the G.E.D. program will be evaluated monthly during the ninety-day imprisonment phase, the intermediate transitional detention phase, and the parole supervision phase, in order to obtain an objective assessment of his satisfactory progress in this education program during any one of these phases. A prisoner shall not have more than one unsatisfactory evaluation during any one of these phases in order to achieve satisfactory progress during any one of these phases. A prisoner's final evaluation during any one of these phases must be satisfactory in order to achieve satisfactory progress during any one of these phases.

(D) A person participating in the shock incarceration program who does not hold a high school diploma or a certificate of high school equivalence may participate in an education program that is designed to award a certificate of ABLE to those persons who successfully complete the education program, whether the completion occurs during the ninety-day imprisonment period or intermediate transitional detention period or parole supervision period.

If such person participates in and successfully completes such educational program, then he will obtain a certificate of ABLE which means a statement that is issued by the department of rehabilitation and correction through the Ohio central school system approved by the state board of education and that indicates that its holder has achieved a 6.0 grade level, or higher, as measured by scores obtained on nationally standardized or recognized tests. Upon obtaining a certificate of ABLE, a person is entitled to a reduction in his minimum or definite sentence of three months or the remainder of that sentence, whichever is less.

If a person participates in and makes satisfactory progress toward the completion of, but does not complete, a program for a certificate of ABLE, then he is entitled to a reduction in his minimum or definite sentence of one month or the remainder of that sentence, whichever is less.

A person participating in the ABLE program will be evaluated monthly during the ninety-day imprisonment phase, the intermediate transitional detention phase, and the parole supervision phase, in order to obtain an objective assessment of his satisfactory progress in this education program during any one of these phases. A prisoner shall not have more than one unsatisfactory progress during any one of these phases. A prisoner's final evaluation during any one of these phases must be satisfactory in order to achieve satisfactory progress during any one of these phases.

(E) No person shall earn more than six-months reduction from his minimum or definite sentence for educational achievements resulting from participation in any combination of programs relating to tutoring, GED and ABLE.

(F) The reduction of sentence provided for in paragraphs (B), (C) and (D) of this rule shall be credited to each person on the day the entitlement is verified.

(G) Once a person has earned and has been properly credited with a reduction from his sentence pursuant to this rule, the reduction earned shall not be forfeited for any reason.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5120.031 , 5149.02
Rule Amplifies: 5120.031
Prior Effective Dates: 9/29/94 (Emer.), 12/18/94, 7/1/96

5120-11-10 Post-release control for intensive program prisons.

(A) This rule shall apply to a prisoner upon whom a court imposed a prison term for an offense committed on or after July 1, 1996. Thus rules 5120-11-12 , 5120-11-13 , 5120-11-14 , 5120-11-15 , 5120-11-19 , and 5120-11-20 of the Administrative Code, do not apply to that prisoner.

(B) The department shall terminate the stated prison term of a prisoner upon the prisoner's successful completion of a ninety-day period in an intensive program prison. A prisoner whose term has been so terminated shall be placed under post-release control sanctions, which may include a half-way house sanction, under terms imposed by the parole board in accordance with rule 5120:1-1-41 of the Administrative Code.

(C) A modification or a reduction of post-release control sanction(s) shall be made pursuant to rule 5120:1-1-41 of the Administrative Code.

(D) A prisoner who violates any post-release control sanction is subject to the provisions of rules 5120:1-1- 17 and 5120:1-1-18 of the Administrative Code.

Effective: 07/26/2013
R.C. 119.032 review dates: 04/30/2013 and 07/26/2018
Promulgated Under: 119.03
Statutory Authority: 2967.28 , 5120.031
Rule Amplifies: 2967.28 , 5120.031 , 5120.032
Prior Effective Dates: 12/20/1996, 4/10/2003, 09/12/2005

5120-11-12 Authority for release to intermediate transitional detention.

(A) A purpose of the shock incarceration program is to provide a prisoner the means of early release to intermediate transitional detention and reintegration into the outside community.

This rules does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) In accordance with section 5120.031 of the Revised Code as it existed prior to July 1, 1996 and, notwithstanding any other provision governing the furlough or other early release of a prisoner, upon satisfactory completion of the ninety-day imprisonment phase of the shock incarceration program, a prisoner should be released immediately to intermediate transitional detention, to be supervised under any rule, agreement, term or condition prescribed by the adult parole authority and by the department of rehabilitation and correction or any of its licensed intermediate transitional detention facilities. No hearing is required for such a release.

(C) Each releasee shall serve a term of intermediate transitional detention of not less than thirty days and not more than sixty days as determined by the director which detention may be in a halfway house, in a community-based correctional facility and program or in a district community-based correctional facility and program established under sections 2301.51 to 2301.56 of the Revised Code, or any other facility approved by the director that provides such detention as a transition between imprisonment in a state penal institution and release from imprisonment.

(D) When released to intermediate transitional detention pursuant to this rule, the releasee shall remain on the institution's rolls; however, the adult parole authority is charged with the responsibility of supervising the releasee if he is housed in a halfway house, in a community-based correctional facility and program or in a district community-based correctional facility and program established under sections 2301.51 to 2301.56 of the Revised Code, or any other facility approved by the director.

(E) The releasee shall be transported by department personnel from the shock incarceration unit at the correctional institution to a licensed intermediate transitional detention facility designated by the adult parole authority.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.031 , 5120.42 , 5149.02
Rule Amplifies: 5120.031 , 5120.032 , 2301.51 , 2301.52 , 2301.53 , 2301.54 , 2301.55 , 2301.56
Prior Effective Dates: 10/28/91 (EMER.), 1/24/92, 12/20/96

5120-11-13 Intermediate transitional detention program structure.

(A) Upon release to intermediate transitional detention, the licensed intermediate transitional detention facility staff and adult parole authority staff will assist the releasee to commence or continue to participate in self-enhancement programs which he began in the ninety-day imprisonment phase of the shock incarceration program.

This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) The adult parole authority staff and the licensed intermediate transitional detention facility staff shall complete a risk and needs assessment for the releasee within five days after arrival at the intermediate transitional detention facility.

(C) The licensed intermediate transitional detention facility staff, in cooperation with the supervising parole officer, shall provide services to the releasees in accordance with the following requirements:

(1) Intermediate transitional detention guidelines which include, but are not limited to:

(a) Self-enhancement educational activities; and

(b) Specialized counseling and treatment services;

(2) Contract agreements between the department and the licensed intermediate transitional detention facility which include, but are not limited to:

(a) Personnel;

(b) Fiscal;

(c) Client services, including, but not limited to supervision, monitoring, case management and manday utilization; and

(d) Quality assurance.

(D) Releasees are eligible to be employed at any point within the sixty days of intermediate transitional detention upon the recommendation of the licensed facility staff and the approval of the supervising parole officer.

(E) A releasee may be released on parole after thirty days of intermediate transitional detention, if he has met the following requirements.

(1) Satisfactory completion of program requirements, including, but not limited to an approved placement plan; and

(2) Demonstrated capability of meeting special parole conditions, including, but not limited to substance abuse treatment and services, mental health treatment and services, and commencing or continuing employment or vocational training.

Each releasee on intermediate transitional detention who satisfactorily completes that phase of the shock incarceration program shall receive a certificate authorizing his release on parole.

(F) A releasee who is not released on parole after thirty days of intermediate transitional detention, due to his failure to meet the requirements of paragraph (E) of this rule, will remain in such detention until these requirements are met, if at all, within the sixty-day limit of the intermediate transitional detention phase of the shock incarceration program.

A releasee who has not satisfactorily completed the intermediate transitional detention phase of the program shall be revoked from the program pursuant to rule 5120-11-15 of the Administrative Code and transferred to a correctional institution to continue the court imposed sentence.

(G) Releasees will participate in substance abuse programming as determined by licensed intermediate transitional detention facility staff and the supervising parole officer. All releasees shall be subject to random substance abuse screening.

(H) A releasee on intermediate transitional detention may be transferred to a correctional institution whenever his physical or mental health renders him substantially incapable of participating in the intermediate transitional detention program or pursuing its goals and objectives or upon his request for such a transfer.

(1) A transfer pursuant to this paragraph shall be based upon a medical, psychological or psychiatric evaluation of the releasee's health and treatment options or upon information provided by the releasee to support his request for transfer.

(2) A transfer pursuant to this paragraph may be recommended by the supervising parole officer to the superintendent of parole supervision for concurrence or dissent. This recommendation and the comments of the superintendent of parole supervision shall be presented to the chief of the adult parole authority who shall make the final decision on transferring the releasee to a correctional institution.

(3) Upon completion of the necessary course of treatment, and completion of a medical, psychological or psychiatric evaluation of the individual, the warden or designee shall refer the prisoner to the chief of the adult parole authority for reinstatement of the prisoner to intermediate transitional detention. The chief of the adult parole authority shall be furnished all information needed to make this decision including institutional medical and psychological reports concerning the prisoner being considered for reinstatement.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02 , 5120.031
Rule Amplifies: 5120.031
Prior Effective Dates: 10-28-91 (EMER.), 1-24-92, 12/20/96

5120-11-14 Conditions of supervised release on intermediate transitional detention or on parole.

(A) The adult parole authority shall impose upon the releasee such conditions of release on intermediate transitional detention or on parole as it deems reasonably necessary to assist the releasee in leading a law-abiding life during the period of supervision.

This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) The adult parole authority shall impose the following conditions of release:

(1) The release shall abide by all federal, state, and local laws and ordinances and all rules of the department of rehabilitation and correction or its licensed facilities;

(2) The releasee shall not leave the state without the written permission of the adult parole authority;

(3) The releasee shall comply with all lawful orders given him by duly authorized representatives of the department of rehabilitation and correction or its licensed facilities, which shall include any special conditions of release that may be issued orally or in writing at any time during supervision;

(4) The releasee must not possess, own, use, or have under his control, any firearm, deadly weapon, or dangerous ordnance;

(5) Each releasee on intermediate transitional detention must be confined at the licensed intermediate transitional detention facility except when the releasee is participating in an approved program or is enroute between the facility and the program location. each releasee on parole may be required to reside at a licensed facility or other approved program facility, within the discretion of the adult parole authority and under such terms and conditions established by the adult parole authority;

(6) Each releasee must abstain from consuming or possessing any type of alcohol or any unauthorized drug or narcotic;

(7) Each releasee must inform his supervising officer of any unavoidable or unusual circumstances which prevent him from fulfilling his obligations under the shock incarceration program; and

(8) Each releasee on intermediate transitional detention shall satisfactorily complete program requirements and demonstrate capability of meeting special parole conditions, as established in paragraphs (E)(1) and (E)(2) of rule 5120-11-13 of the Administrative Code.

(C) The adult parole authority may require additional conditions of release, provided:

(1) There is a reasonable relationship between the conditions imposed and the releasee's previous conduct and present condition;

(2) The conditions are sufficiently specific to serve as a guide to supervision and conduct; and

(3) The conditions are such that compliance is possible.

(D) In determining whether a releasee has violated paragraph (B)(1) of this rule, the fact that there has been no conviction or prosecution shall not prevent the adult parole authority from commencing revocation proceedings pursuant to rule 5120-11-15 of the Administrative Code.

(1) A judicial determination that a violation of law or ordinance has not been proved beyond a reasonable doubt or a dismissal of criminal charges by a prosecutor, shall not preclude the parole board from finding a violation of law or ordinance for the purpose of revocation of release. a violation of the conditions of release may be proved by substantial evidence considering the record as a whole.

(2) A finding of "no probable cause" by a magistrate on pending criminal charges shall not affect the finding of a violation of paragraph (B)(1) of this rule if additional evidence is considered at the revocation hearing. if no additional evidence is considered at the revocation hearing, the judicial determination of "no probable cause" shall be conclusive that paragraph

(B)(1) of this rule has not been violated.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02
Rule Amplifies: 5120.031
Prior Effective Dates: 10-28-91 (EMER), 12/20/96

5120-11-15 Revocation of supervised release on intermediate transitional detention or parole.

(A) A releasee on intermediate transitional detention pursuant to rule 5120-11-12 of the Administrative Code or a parolee released on parole supervision pursuant to rule 5120-11-19 of the Administrative Code who, in the judgment of the supervising parole officer, violates any rule of the department of rehabilitation and correction or any term or condition of release pursuant to rule 5120-11-14 of the Administrative Code or any written agreement between the releasee and the department of rehabilitation and correction or its licensed facilities, may be returned to a correctional institution pursuant to the same procedure as set forth in rules 5120:1-1-17 , 5120:1-1-18 , and 5120:1-1-21 , of the Administrative Code.

This rule does not apply to an inmate sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) Whenever a releasee is believed to have violated any rule, agreement, term or condition of release as provided in paragraph (A) of this rule, the releasee's supervising parole officer shall immediately report the alleged violation, including reliable corroborative evidence, to the unit supervisor.

The parole officer may decide to arrest such a releasee or may order any sheriff, deputy sheriff, constable, or police officer to make such an arrest. If an arrest is made, the parole officer shall, as soon as practical, notify, in writing, the superintendent of parole supervision that the releasee has been arrested and is in custody. This initial notice shall be followed, within ten business days, by a detailed written report of the reason for making the arrest to the superintendent of parole supervision.

(C) Within two business days after being notified of the alleged violation, except as provided in paragraph (E) of rule 5120:1-1-31 of the Administrative Code, the unit supervisor shall review the alleged violation to determine whether the violation is corroborated by reliable evidence and decide either:

(1) To allow the releasee to continue on release and, if under arrest, to release him; or

(2) To arrest the releasee, if not already arrested, and commence revocation proceedings, pursuant to the same procedure as set forth in rules 5120:1-1-17 , 5120:1-1-18 , and 5120:1-1-21 , of the Administrative Code, subject to paragraph (D) of this rule.

(D) In making the decision to commence revocation proceedings, pursuant to the same procedure as set forth in rules 5120:1-1-17 , 5120:1-1-18 , and 5120:1-1-21 , of the Administrative Code, the unit supervisor shall consider whether:

(1) The releasee is in Ohio or otherwise available to the adult parole authority;

(2) There is an alleged violation of any rule of the department of rehabilitation and correction, any term or condition of release pursuant to rule 5120-11-14 of the Administrative Code, or any written agreement between the releasee and the department of rehabilitation and correction or its licensed facilities;

(3) The alleged violation is within the personal knowledge of the supervising officer;

(4) There are reasons which justify or mitigate the violation making revocation inappropriate, even if the violation did in fact occur.

(E) The procedure for causing the arrest of a releasee or placing a detainer against a releasee who has been arrested, other than on the authority of the department of rehabilitation and correction, shall be pursuant to the same procedure as set forth in rule 5120:1-1-31 of the Administrative Code.

(F) The procedure to be followed by the adult parole authority whenever a releasee absconds from supervision is the same as that set forth in rule 5120:1-1-16 of the Administrative Code.

(G) A releasee who is the subject of pending revocation proceedings, who is in need of confinement, and who is in need of medical or mental health treatment which is otherwise unavailable, may be transferred immediately to a correctional institution. A releasee who is the subject of revocation proceedings, who is in need of confinement, and who is being returned to Ohio from a foreign jurisdiction, or for whom local confinement is unavailable, may also be transferred immediately to a correctional institution. Any release transferred pursuant to this paragraph shall be subject to all applicable provisions with regard to revocation proceedings notwithstanding the transfer.

(H) Within a reasonable period of time after a detainer has been filed against the releasee, the releasee shall be granted a revocation hearing pursuant to rules 5120:1-1-18 or 5120:1-1-19 of the Administrative Code. The revocation hearing is to determine if the releasee's status on intermediate transitional detention or on parole supervision should be revoked.

(I) A releasee may be administratively transferred to a correctional institution by the chief of the adult parole authority when it is discovered that the releasee was ineligible for shock incarceration program approval pursuant to the criteria in paragraph (C) and (E) of rule 5120-11-03 of the Administrative Code. The chief of the adult parole authority shall order the release rescinded and no revocation process need be provided to such ineligible releasee.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02
Rule Amplifies: 5120.031
Prior Effective Dates: 10-28-91 (Emer), 12/20/96

5120-11-19 Authority for release to parole supervision.

(A) A purpose of the shock incarceration program is to provide a releasee with an opportunity to obtain parole release after serving between thirty and sixty days of intermediate transitional detention.

This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) Notwithstanding any other provision for determining parole eligibility, upon satisfactory completion of intermediate transitional detention, a releasee should be immediately released on parole in accordance with section 5120.031 of the Revised Code. No hearing is required for such a release. A release on parole under this rule shall require that the parolee be under the supervision, which may be intensive supervision, of the adult parole authority pursuant to rule 5120-11-20 of the Administrative Code.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02 , 5120.031
Rule Amplifies: 5120.031
Prior Effective Dates: 10/28/91 (Emer.), 1/24/92, 9/29/94 (EMER.), 12/18/94, 12/20/96

5120-11-20 Requirements for parole supervision.

(A) A parolee released from intermediate transitional detention, pursuant to rule 5120-11-19 of the Administrative Code, shall serve a term of mandatory supervised release during which time the parolee shall be under supervision, which may be intensive supervision, by the adult parole authority for the remainder of his definite or minimum sentence, and may be under supervision by the adult parole authority until the expiration of the maximum term of his indefinite sentence.

This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) Upon release to parole supervision, the adult parole authority will assist the parolee to commence or continue to participate in self-enhancement programs which began in either the ninety-day imprisonment phase or the intermediate transitional detention phase of the shock incarceration program. The adult parole authority will utilize available resources in the community to assist parolees in their rehabilitative efforts. The rehabilitative concerns of the adult parole authority may address programming activities which include, but are not limited to:

(1) At least twenty hours per week dedicated to seeking employment. Parolees should register with the local Ohio bureau of employment services within three days of their parole release and should visit the employment service weekly to review available positions or utilize other recommended resources in seeking employment, until employment is secured;

(2) Educational and vocational training;

(3) Public service or volunteer work within the community;

(4) Providing resources are available, substance abuse support services or treatment should be required for any parolee meeting any of the following criteria:

(a) Having a history of substance abuse;

(b) Having been convicted of a drug related offense; or

(c) Testing positive for substance abuse during parole supervision.

(5) Providing resources are available, the supervising parole officer should arrange for substance abuse testing at least once a month for the initial six months of supervision and thereafter at least once every three months if the parole has no positive tests. If the parolee has a positive test and has been placed in substance abuse treatment programming, the supervising officer should test him at least once or twice a week until the parolee successfully completes the treatment program.

(C) The parole supervision section of the adult parole authority shall require the parolee to comply with conditions of release in accordance with rule 5120-11-14 of the Administrative Code except paragraph (B)(8) of that rule. A parolee who, in the judgment of the adult parole authority, has violated any of these conditions, may be declared a parole violator and shall be subject to the provisions of section 2967.15 of the Revised Code. The procedures to be followed by the adult parole authority when a parolee is arrested and detained are set forth in rule 5120-11-15 of the Administrative Code.

(D) Upon the expiration of a parolee's definitive sentence the chief of the adult parole authority shall terminate his participation in the program and issue to him a certificate of expiration or definite sentence, subject to the provisions of section 5120.031 of the Revised Code as it existed prior to July 1, 1996.

(E) If the minimum term of a parolee's indefinite sentence has expired and he has obeyed the rules, terms, and conditions of parole that apply to him, the chief of the adult parole authority, on or after the date of expiration and upon the recommendation of the superintendent of parole supervision, may subject to the provisions of section 5120.031 of the Revised Code as it existed prior to July 1, 1996, terminate his participation in the program and enter upon its minutes a final release and issue to the parolee a certificate of final release, except that the chief of the authority shall not issue a certificate of final release any later than the date on which the maximum term of the indefinite sentence expires.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02 , 5120.031
Rule Amplifies: 5120.031 , 2967.15
Prior Effective Dates: 10/28/91 (Emer.), 1/24/92, 9/29/94 (Emer.), 12/18/94, 12/20/96

5120-11-21 Notification to the sentencing court.

(A) The director shall conduct all communications of the performance of program participants to the sentencing court.

(B) The sentencing court will be notified, in writing, when a prisoner is accepted, pursuant to rule 5120-11-03 of the Administrative Code, to participate in the program.

(C) When a prisoner is released to intermediate transitional detention, or, if applicable, post-release control sanction, the director shall notify, in writing, the sentencing court of the prisoner's successful completion of the ninety-day imprisonment phase of the program and his expected parole release date or, if applicable, the duration of post-release control sanction.

(D) When a participant in the program is issued one of the following certificates: a certificate of expiration of the stated prison term; a certificate of expiration of definite sentence; or a certificate of final release, the director shall notify, in writing, the sentencing court of the persons successful completion of the program.

(E) In all cases, the sentencing court shall be promptly notified, in writing, of the participant's removal from the program or revocation of his supervised release, as well as the nature of the violation or other reason that prompted this administrative decision.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.42 , 5149.02
Rule Amplifies: 5120.031 , 5120.032 , 5120.033
Prior Effective Dates: 07/12/91 (Emer.), 10/03/91, 12/18/94, 07/01/96, 5/22/98

5120-11-22 Eligibility to operate and manage initial intensive program prison.

(A) This rule shall govern when the director of the Ohio department of rehabilitation and correction decides to seek contract proposals for the private operation and management of the initial intensive program prison established pursuant to section 5120.033 of the Ohio revised code.

This rule establishes the minimum criteria and specifications that a person or entity must satisfy in order to be eligible to make such a proposal.

(B) Any person or entity that applies as a contractor to operate and manage the initial intensive program prison shall satisfy one or more of the following minimum criteria:

(1) At the time of the application, operates and manages one or more facilities accredited by the American correctional association; or

(2) Meets all of the following criteria and specifications:

(a) Possess organizational qualifications that includes one or more senior management staff with the following experience:

(i) At least three years operating and managing an adult correctional facility containing at least two hundred and fifty (250) beds; and

(ii) The drafting of policy and procedures and the application process for seeking accreditation of an adult correctional institution from the American correctional association.

(B) Provides either annual financial statements audited by independent certified public accountants demonstrating a viable going concern, or if not available, other financial statements demonstrating sufficient financial backing to perform the contract.

(c) Registered to do business in the State of Ohio.

(C) Failure to meet minimum qualifications set forth in either (B)(1) or (B)(2) of this rule shall result in a proposal being rejected by the department. Thus, the proposal will receive no further consideration and evaluation in the competitive bid process.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 9.06
Rule Amplifies: 5120. 033, 9.06
Prior Effective Dates: 3/28/99