(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;
(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.
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5120.42, 5120.01
Rule Amplifies: 5120.031, 5120.033, 5120.032
Prior Effective Dates: 07/12/1991 (Emer.), 10/03/1991, 12/18/1994, 05/22/1998, 07/26/2013