Lawriter - OAC - 5120-11-06 [Rescinded effective 4/1/2018] Program structure.

5120-11-06 [Rescinded effective 4/1/2018] Program structure.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.

Effective: 4/1/2018
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5149.031, 5120.42, 5120.01
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: 07/12/1991 (Emer.), 10/03/1991, 07/01/1996, 05/22/1998, 12/31/2000