Chapter 5120-12 Transitional Control Program

5120-12-01 Establishment of a transitional control program and minimum criteria defining eligibility.

(A) Section 2967.26 of the Revised Code permits the adult parole authority of the department of rehabilitation and correction to transfer eligible prisoners to transitional control status for the purpose of closely monitoring a prisoner's adjustment to community supervision during the final one hundred eighty days of the prisoner's confinement. Eligible prisoners serving prison terms so transferred shall be confined in a suitable facility that is licensed according to division (C) of section 2967.14 of the Revised Code, or shall be confined in a residence the department has approved for this purpose and be monitored by an electronic monitoring device, as described in section 2929.01 of the Revised Code. The department may adopt specific policies and procedures to carry out the purposes of Chapter 5120-12 of the Administrative Code.

(B) It is the intent of the department of rehabilitation and correction to establish a transitional control program to achieve the following goals:

(1) To make effective use of the limited number of prison beds available by utilizing halfway house facility beds or by monitoring with an electronic monitoring device at approved residences for prisoners who are screened as appropriate for transfer to transitional control status.

(2) To provide a controlled, transitional period for screened prisoners to improve their education, vocational skills, or employability and to re-establish family ties and community support by the gradual reentry of prisoners into their home communities in a self-sufficient and productive manner.

(C) A prisoner placed into the transitional control program shall retain the status of inmate, but the department of rehabilitation and correction has the authority to permit the prisoner to leave the facility or residence to which he is assigned to engage in employment; educational or vocational training; treatment programming; reestablish and maintain ties with family members; or for other activities approved by the department.

(D) A prisoner is required to remain at the facility or approved residence to which he is assigned at all times, unless authorized to leave. If authorized to leave, the prisoner is required to return at the designated time. Leaving without authorization or failure to return at the designated time shall be considered by the department of rehabilitation and correction to be an escape pursuant to section 2921.34 of the Revised Code. If so, the department may declare the prisoner to be an escapee, stop the running of his sentence, and request prosecution.

(E) For purposes of this rule, and other rules in this chapter of the Administrative Code, the following definitions shall apply:

(1) "Actual incarceration": a sentence required by statute to be served in prison for offenders convicted of offenses committed prior to July 1, 1996.

(2) "Adult parole authority" (APA): that section of the division of parole and community services that includes field services, the parole board, parole supervision and interstate compact of probation and parole.

(3) "Bureau of community sanctions": that bureau within the division of parole and community services that includes community-based correctional facilities, community corrections act programs , halfway houses, and other community residential centers.

(4) "Business days": the days of the week excluding Saturday, Sunday and holidays.

(5) "Conditions of supervision": those general and special rules and regulations with which offenders are required to comply as part of the criminal sentencing sanction of supervision, probation or parole supervision, or other forms of community supervision.

(6) "County in which the prisoner was sentenced": in accordance with division (A)(2) of section 2967.26 of the Revised Code, the court of the county in which the indictment against the prisoner was found or issued. (This court may disapprove of the transfer to transitional control of prisoners serving a term of imprisonment for an offense committed on or after July 1, 1996).

(7) "Detainer": a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

(8) "Division of parole and community services" (DPCS): that division of the department of rehabilitation and correction that includes the adult parole authority, the bureau of community sanctions , the bureau of adult detention, and the office of victim services.

(9) "Electronic monitoring": a specified period during which an offender is restricted to a specified premises during which period the offender wears an electronic monitoring device and meets all other conditions imposed upon the offender.

(10) "Electronic monitoring device": in accordance with division (VV) of section 2929.01 of the Revised Code, any device that can be operated by electrical or battery power that includes a transmitter and receiver and can determine the location of a subject person at any time, or at a designated point in time through the use of a central monitoring computer or through other means. This includes but is not limited to satellite technology.

(11) "Facility director": the individual designated as the head of a community correction center, halfway house residential center or other community-based facility.

(12) "Halfway house": a facility licensed by the department of rehabilitation and correction under section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.

(13) "Investigating authority": those individuals responsible for conducting home investigations, which includes employees of the adult parole authority and or halfway house staff.

(14) "Licensed facility": includes but is not limited to halfway houses, community residential centers and similar facilities that have been licensed by the division of parole and community services to house eligible offenders.

(15) "Mandatory sentence": a sentence required by statute to be served in prison. Examples include convictions for gun specifications, repeat violent offenders (RVO), major drug offender (MDO) and some drug offenses.

(16) "Offender": any individual under the supervision of the adult parole authority.

(17) "Parole": the release from confinement in any state penal or reformatory institution by the adult parole authority that is created by section 5149.02 of the Revised Code and under any terms and for any period of time that is prescribed by the adult parole authority in its published rules and official minutes. A parolee so released shall be supervised by the authority. Legal custody of a parolee shall remain in the department of rehabilitation and correction until a final release is granted by the adult parole authority pursuant to section 2967.16 of the Revised Code. The term "parole", as defined in this paragraph, applies to persons sentenced for felonies prior to July 1, 1996.

(18) "Parole officer": a person employed as a parole officer of the adult parole authority who supervises offenders and/or conducts investigations.

(19) " Post-release control": a period of supervision for an offender by the adult parole authority following release from imprisonment that includes one or more post-release control sanctions imposed under section 2967.28 of the Revised Code.

(20) "Relative" or "immediate family": parents, spouse, siblings, children, grandparents, or legal guardians of the offender. Persons who have served as substitute parents (in loco parentis) during the offender's formative years shall also be included when such status can be proven. In accordance with the law, adoptive or step-relationships shall be the same as natural relationships. Proof may be required for some relationships, including but not limited to birth certificates and marriage certificates.

(21) "Special conditions of supervision": special and specific conditions for individual offenders with which they must comply, that are related to the offender's previous offense pattern, and that are related to the probability of further serious law violations by the individual offender. Special conditions may be imposed by the court, by the parole board or by the field services section of the adult parole authority .

(22) "Staffing": the process in which information is shared between the supervising officer, the supervisor designee, or any other authorized representative of the department of rehabilitation and correction to ensure appropriate supervision of the offender and/or report preparation.

(23) "Supervising authority": the entity designated to provide supervision to offenders .

(24) "Supervising officer": a person employed as a parole officer of the adult parole authority who supervises offenders.

(25) "Transfer to transitional control status": movement of a prisoner from a prison to the transitional control program which involves closely monitored supervision and confinement in the community, such as a stay in a licensed facility or restriction to an approved residence on electronic monitoring, during the final one hundred eighty days of a prisoner's confinement, in accordance with section 2967.26 of the Revised Code.

(26) "Unit": the assignment and alignment of staff into an organized grouping that is under the immediate direction of a supervisor. This subdivision can be multi-functional in providing field services and community court assistance.

(27) "Unit supervisor": a person employed by the adult parole authority as a parole services supervisor who supervises parole officers.

(28) "Violation behavior": conduct by an offender during the period of adult parole authority supervision that is a violation of the conditions of release.

(29) "Violation hearing": an administrative hearing conducted by a representative or representatives of the parole board or designee of the chief of the adult parole authority to determine whether an offender has violated one or more of the conditions of release and, if so, the specific sanction that should be imposed upon the offender.

(30) "Violation sanction": any penalty imposed on an offender who is found guilty of an offense or a violation of a condition of supervision. A sanction may be located in the community or in a prison.

(31) "Violator at large" (VAL): pursuant to section 2967.15 of the Revised Code, a person who is a parolee or releasee, who is under transitional control, or who is under another form of authorized release under the supervision of the adult parole authority who absconds from supervision.

(F) In order to be eligible for transitional control transfer pursuant to section 2967.26 of the Revised Code, a prisoner must meet all of the following minimum criteria:

(1) A prisoner serving a prison term for an offense committed prior to the effective date of the statute authorizing the transitional control program is eligible if, at the time at which eligibility is being determined, the prisoner would have been eligible for a furlough under section 2967.26 of the Revised Code as that section existed immediately prior to the effective date of the statute authorizing the transitional control program, or would have been eligible for conditional release under section 2967.23 of the Revised Code as that section existed immediately prior to the effective date of the statute authorizing the transitional control program.

(2) When transferred, prisoners shall not have longer than one-hundred and eighty days of imprisonment to serve until the prisoner's parole eligibility, as defined under section 2967.13 of the Revised Code, or no longer than one-hundred and eighty days of imprisonment to serve until the expiration of the prisoner's stated prison term.

(3) Prisoners serving an actual incarceration prison sentence or serving a mandatory prison sentence are not eligible until after expiration of the actual incarceration or mandatory sentence.

(4) Prisoners shall not be serving a sentence of life imprisonment.

(5) Prisoners serving a sentence for a crime committed on or after July 1, 1996 shall not be disapproved for transfer to transitional control by the court of common pleas of the county in which the prisoner was sentenced.

(6) The prisoner does not have a record of more than one commitment for an offense of violence as defined in division (A)(9) of section 2901.01 of the Revised Code, which was or is a felony offense including the present commitment, except violations of section 2911.12 , burglary; section 2923.12 , carrying concealed weapons; or section 2923.13 , having weapons while under disability.

(7) Prisoners shall not have a record of more than five felony commitments, including the present commitment, regardless of the offenses.

(8) Prisoners shall not have a designated security level of level 3, level 4 or level 5.

(9) Prisoners shall not be currently confined in any institution control status as a result of any disciplinary action.

(10) Prisoners shall not be subject to a detainer for any sentence of imprisonment imposed but not fully served, for any post-release control, parole, or probation violation, or is subject to a wanted detainer or a notify detainer for any untried felony charge or for any U.S. immigration action.

(11) Prisoners shall not have any past or current convictions for a violation of any sex offense included in Chapter 2907. of the Revised Code, except for violations of solicitation, section 2907.24 , or prostitution, section 2907.25 of the Revised Code.

(12) Prisoners shall not have any past or current convictions for escape, section 2921.34 , aggravated vehicular assault, section 2903.08 , vehicular homicide, section 2903.07 , or aggravated vehicular homicide, section 2903.06 of the Revised Code.

(13) Prisoners shall not have any past or current convictions for arson, section 2909.03 , or aggravated arson, section 2909.02 of the Revised Code.

(14) Prisoners shall not have any past or current convictions for conspiracy, section 2923.01 , attempt, section 2923.02 , or complicity, section 2923.03 of the Revised Code where the underlying offense is prohibited by this rule.

Effective: 12/15/2010
R.C. 119.032 review dates: 01/10/2013
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 2967.26
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/1998 (Emer.), 6/1/1998, 3/28/1999, 4/10/2003, 12/8/2006, 1/17/2008

5120-12-02 Screening, selection, and notice of transfer.

(A) All prisoners shall be screened to determine initial transitional control eligibility based on the criteria established in rule 5120-12-01 of the Administrative Code.

(B) Prisoners deemed eligible for transitional control consideration shall be interviewed by a unit manager/designee to receive an explanation of the transitional control program and to determine if the prisoner desires to be considered for transitional control. An institutional summary report shall be prepared for prisoners desirous of further consideration.

(C) Prisoners serving any indeterminate sentence and deemed eligible shall be considered for transitional control by the parole board. If a projected parole date has been determined as of the effective date of this rule, the prisoner shall be considered without a hearing by a panel of the parole board.

(D) Prisoners serving a definite sentence shall be determined eligible for transfer to transitional control by means of a review of the prisoner's record by the adult parole authority.

(E) At least sixty days prior to transferring to transitional control a prisoner who is serving a term of imprisonment for an offense committed on or after July 1, 1996 the department of rehabilitation and correction shall give notice of the pendency of the transfer to the sentencing court and of the fact that the sentencing court may disapprove the transfer of the prisoner to transitional control. If the court disapproves the transfer of the prisoner to transitional control, the division of parole and community services shall not proceed with the transfer. If the court does not disapprove the transfer, the division may transfer the prisoner to transitional control.

(F) Within the timeframes required under section 2930.16 of the Revised Code , the department shall notify any victim or victim's representative who is required to be given notice under section 2930.16 of the Revised Code; the law enforcement agency that arrested the inmate if any officer of that agency was a victim of the offense and is required to be given notice under that section; the prosecuting attorney if required to be given notice under that section; and any member of the victim's immediate family as defined in section 2967.12 of the Revised Code when the family member has requested notification and is required to be given notice under section 2930.16 of the Revised Code of the pendency of the transfer and of the victim's right to submit a statement to the division regarding the impact of the transfer of the prisoner to transitional control. In the case of a notice that pertains to an aggravated murder; murder; an offense of violence as defined in section 2901.01 of the Revised Code of the first, second, or third degree; or an offense for which a sentence of life imprisonment was imposed, if the offense was committed before March 22, 2013 and the department has not previously successfully provided notice to the victim with respect to that offense and the prisoner who committed it, the notice shall inform the victim that the victim may request that the victim not receive any further notices with respect to that offense or the prisoner who committed it. Such notice shall describe the procedure for requesting that further notices not be provided. Notification under this paragraph may be provided by ordinary mail, electronic means, or telephone. If the victim submits a statement , the division shall consider the statement in deciding whether to transfer the prisoner to transitional control.

(G) If it is determined at any time that the prisoner will not be placed on transitional control, the prisoner shall be notified in writing of this fact.

Effective: 07/15/2013
R.C. 119.032 review dates: 03/11/2013 and 07/15/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 2967.26
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 1/9/2012

5120-12-03 Transfer, transportation, and conditions of supervision.

(A) The transitional control program section of the bureau of community sanctions shall have the following responsibilities:

(1) Notify the institutional records office manager concerning the status of each approved prisoner for transfer;

(2) Coordinate the transfer and transportation of the prisoner with the prison institution, and the halfway house facility to which the prisoner will be confined;

(3) In the case of a prisoner sentenced for an offense committed before July 1, 1996, the bureau of community sanctions shall refer the case back to the parole board for reconsideration in the event of newly discovered evidence; institutional disciplinary infractions subsequent to the transfer approval; input from the victim; or for any reason when the transfer would be contrary to law or when the transfer would be inconsistent with the purposes of transitional control. In any event, whenever the prisoner is not transferred, but referred back to the parole board for reconsideration, the prisoner shall be notified of the reasons for the referral in writing.

(B) The confining prison institution shall have the following responsibilities:

(1) After the prisoner is selected for transfer to transitional control, the institutional records officer or the parole board's designee at the institution in which the prisoner is confined will review the prisoner's file to ensure that the prisoner has not received an additional sentence, been the subject of an institutional disciplinary infraction subsequent to the transfer approval, been disapproved for transfer by the court, or otherwise become ineligible for release pursuant to section 2967.26 of the Revised Code.

(2) The warden's designee shall coordinate the following:

(a) The prisoner shall be permitted to bring clothing, toiletry articles, and a limited amount of personal property or the prisoner may dispose of this property in a manner approved by the managing officer of the confining institution.

(b) If the prisoner is taking any prescription medication, the prisoner will be examined by the prison institution physician to determine whether the prisoner will need medication during the pendency of the prisoner's transfer release. If so, the physician shall make appropriate arrangements to provide a fourteen day supply of these medications from the supplies of the institution.

(c) Prisoners on the mental health caseload shall receive an additional thirty-day supply of medication from central pharmacy if appropriate. This medication shall be mailed directly to the halfway house facility in which the prisoner will be confined.

(d) Prisoners on the mental health caseload who receive medication shall be scheduled for a thirty-day follow-up videoconference appointment prior to his/her release from the institution. Additional medication shall be ordered at the videoconference appointment based on the psychiatrist's clinical judgment.

(e) Any funds accumulated in the prisoner's institution account or due to the prisoner upon release shall be released with the prisoner or forwarded to the prisoner's halfway house placement to be deposited in the prisoner account maintained by the halfway house in accordance with rule 5120:1-3-07 of the Administrative Code.

(f) Any additional information which is relevant to the health of the prisoner or to others housed with the prisoner, such as contagious viruses or diseases contracted by the prisoner, shall be reported to the bureau of community sanctions designee prior to transfer of the prisoner.

(g) Prisoners released on transitional control shall remain on the prison institution's rolls, but shall be subject to the supervision of the halfway house facility director and designees.

(C) Prisoners released on transitional control who fail to return as designated, or whose deviation from the terms of release constitute a substantial risk of failure to return as designated may be declared to be a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional facility shall not be credited toward the completion of the prisoner's prison term or period of supervision, but all other time on transitional control shall be so credited.

(D) The supervising authority shall impose upon the prisoner conditions of supervision designed to induce the prisoner's compliance as a part of the criminal sentencing sanction of transitional control supervision. At a minimum, the following conditions shall be imposed:

(1) The prisoner shall abide by all federal, state, and local laws and ordinances, and all rules and regulations of the department of rehabilitation and correction;

(2) The prisoner shall not leave the state of Ohio ;

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

(4) The prisoner must not posses, own, use, or have under the prisoner's control any firearms, deadly weapons, dangerous ordinances, or any type of alcohol, non-prescribed drug, or narcotic, or any other type of contraband;

(5) The prisoner shall abide by all rules, regulations, and conditions established by the halfway house to govern the conduct and behavior of prisoners confined at the halfway house facility while under transitional control;

(6) Prisoners determined to be eligible for electronic monitoring when confined at an approved residence may be required to comply with additional or special conditions related to electronic monitoring while under transitional control. Such conditions may be specifically set forth in policies and procedures adopted by the bureau of community sanctions.

(7) The supervising authority in imposing appropriate special conditions of supervision shall individualize such conditions to the extent feasible, provided they are related to the prisoner's previous offense pattern and the probability of further serious law violations by the individual prisoner.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 10/24/2011

5120-12-04 Electronic monitoring of prisoners.

(A) Prisoners on transitional control may be confined, pursuant to division (A)(1) of section 2967.26 of the Revised Code, in a residence approved for this purpose and/or be monitored by an electronic monitoring device in an approved residence.

(B) After an appropriate length of stay, prisoners confined in a halfway house under transitional control may be moved to an approved residence and placed on electronic monitoring to complete their period of transitional control. The decision to place a prisoner on electronic monitoring in this manner shall be made by the supervising authority. This paragraph shall not be construed to prohibit the transfer of a prisoner directly to electronically monitored home confinement in appropriate circumstances.

(C) Prior to placement of prisoners on an electronic monitoring device at a residence, the appropriate supervision unit of the adult parole authority or halfway house designee shall investigate the residence at which the prisoner proposes to reside to determine whether it is suitable. For the residence to be approved as suitable, it must meet all of the following:

(1) The owner or the tenant of the property has signed a host agreement verifying their consent to the conditions below:

(a) The prisoner may reside at the residence.

(b) The supervising authority, or employees of the monitoring center may enter the residence to ensure that the equipment is operating properly.

(c) They will not permit any firearm, dangerous ordinance, or dangerous weapon to be kept, stored at or brought onto the premises during the time the prisoner on transitional control is residing there.

(d) The supervising authority may search the residence in which a prisoner on electronic monitoring resides when the officer has a reasonable belief that conditions of supervision have been violated or are about to be violated.

(2) The investigating authority must determine that the residence would be conducive to the prisoner making a satisfactory adjustment to electronic monitoring and transitional control status.

(D) When a prisoner is being considered for placement on an electronic monitoring device the adult parole authority unit supervisor or halfway house designee shall assign the residence investigation to the appropriate investigating authority to complete. If it is determined that the residence is suitable, the investigating authority shall have the owner or tenant sign the host agreement required by paragraph (C)(1) of this rule.

(E) The department of rehabilitation and correction may contract for the installation of the electronic monitoring equipment at the prisoner's residence and the hook-up of the prisoner to the electronic monitoring device and equipment.

(F) The department of rehabilitation and correction may contract for the continuous monitoring of each prisoner on electronic monitoring and for the verification of the status/location of the prisoner when a signal is received that indicates a possible power/equipment failure, equipment tampering, a prisoner out of place, or any other type of abnormality or unusual occurrence.

(G) The contract for the electronic monitoring service shall include the requirement that the halfway house shall immediately investigate and notify the appropriate adult parole authority field supervision unit as soon as possible of any major abnormalities or unusual occurrences that may signify serious offender violations. The halfway house shall document the occurrence and the fact that notification was made.

(H) Upon notification that a prisoner is out of place or is not at the approved location, the supervising authority shall take appropriate action as soon as possible to confirm that the prisoner is still confined at the approved location, or if not so confined take steps to ensure that reasonable efforts are made to locate the prisoner and to resume custody of the prisoner. The notification and all such efforts shall be documented.

(I) The supervising authority shall approve the prisoner's case plan and electronic monitoring program, including weekly itinerary, and any major activity not a part of the pre-approved program.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 10/24/2011

5120-12-05 Supervision fees, disbursement of earnings, and administration of the transitional control fund.

(A) The adult parole authority may require a prisoner who is transferred to transitional control, including prisoners placed on an electronic monitoring device while under transitional control, to pay a fee to the division of parole and community services for reasonable expenses incurred in supervising or confining the prisoner while in the transitional control program, in accordance with division (E) of section 2967.26 of the Revised Code.

(1) Payments received by the division shall be deposited into the transitional control fund.

(2) A prisoner's inability to pay those expenses shall not be grounds for refusing to transfer an otherwise eligible prisoner to transitional control.

(3) The transitional control fund shall be used solely to pay costs related to the operation of the transitional control program.

(B) Prisoners in the transitional control program working at paid employment shall deposit their total earnings, less legally required payroll deductions or other authorized payroll deductions, into an account maintained through the licensed facility for this purpose. The division of parole and community services shall have the ability to hold, disburse, or supervise the disbursement of these funds.

(C) Prisoners on transitional control status shall meet their financial obligations by the allocation and disbursement of their net earnings as follows:

(1) Up to twenty-five per cent shall be allocated as restitution to the victim(s) of the prisoner's offense(s) if the prisoner voluntarily requests or is under court order to make restitution payments.

(2) If child support payments are not being automatically garnished from a prisoner's wages, up to twenty-five per cent of any money earned by a prisoner who has a dependent child shall be paid as follows:

(a) Prisoner earnings shall be paid to the state department of human services when there is a dependent child receiving temporary assistance for needy families (TANF), under Chapter 5107. of the Revised Code.

(b) Money earned by a prisoner who is an obligor under a child support order shall be paid to the child support enforcement agency administering the order for distribution to the obligee under the order.

(3) A prisoner residing in a halfway house shall pay twenty-five per cent of the prisoner's total gross income to the transitional control fund, held by the division of parole and community services, to pay costs related to the operation of the transitional control program. A prisoner residing in an approved residence and monitored by an electronic monitoring device shall pay fifteen per cent of the prisoner's total gross income or the cost of the electronic monitoring, whichever is less, to the transitional control fund to pay costs related to the electronic monitoring. Prisoners may request a waiver or reduction of these fees upon written request to the supervising authority.

(4) At least twenty-five per cent of the prisoner's earnings shall be allocated to the prisoner's personal account. A prisoner may authorize payment from the prisoner's personal account upon approval of the supervising authority for the following purposes:

(a) Reasonable purchases, expenses or fees which are incidental to participating in the transitional control program.

(b) Payment of pre-existing fines, court costs or outstanding judgments from a court of competent jurisdiction.

(c) Payment of pre-existing debt, other than debt owed to members of the prisoner's immediate family, which the prisoner acknowledges in writing.

(d) Such other reasonable purposes that are approved in advance.

(D) Earnings or allowances to prisoners on transitional control shall be collected by the director of the licensed facility where the prisoner is confined. The accounting, computations, and disbursements of such funds shall be made in accordance with procedures established and approved by the division of parole and community services.

(E) Salaries, commissions, fees, bonuses, stipends, and subsidies earned while on transitional control are earnings which shall be included when calculating gross earnings.

(F) Grants, educational loans, social security benefits, pensions, annuities, disability payments, worker's compensation, rental income, gifts, fees received from blood donations, and any other payment the attachment of which is prohibited by law shall not be considered earnings.

(G) In the event a prisoner escapes and remains at large for a year or more, all earnings on deposit shall be forwarded to the transitional control fund to be used to defray the cost of locating and transporting the absconded prisoner.

(H) The division of parole and community services shall administer the transitional control fund, shall deposit all moneys received from prisoners on transitional control into the fund, and shall approve disbursements from the fund. Disbursements from the fund may be used for costs such as the following:

(1) The purchase of materials, supplies, equipment, and other costs associated with the transfer, transportation, supervision, or revocation of prisoners related to transitional control.

(2) The purchase of special services required for prisoners on transitional control.

(3) Other costs not specified that directly relate to the transitional control program or which benefit prisoners on transitional control.

(I) The division of parole and community services shall maintain accurate records of deposits to and expenditures from the fund together with its current balance. The division shall maintain such other information that may be necessary.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 10/24/2011

5120-12-06 Issuance of passes.

(A) The supervising authority may issue passes for the temporary release from a licensed facility of prisoners transferred to transitional control status for certain limited purposes in accordance with division (D) of section 2967.26 of the Revised Code.

(B) Passes may be issued only for the following purposes:

(1) To visit a dying relative;

(2) To attend the funeral of a relative;

(3) To visit with family;

(4) To aid in the prisoner's rehabilitation and facilitate successful reentry, as determined by the facility director (or designee) .

(C) A pass from a licensed facility in which a prisoner is confined on transitional control may only be granted for a period of time no longer than is reasonably necessary to accomplish the purpose or purposes for which the pass is intended and only if all of the following requirements are met:

(1) The prisoner shall be in the transitional control program for the following minimum number of days , which shall be determined on the basis of the prisoner's risk level as assessed using the Ohio risk assessment system:

(a) Very high, ninety days.

(b) High, sixty days.

(c) Moderate, thirty days.

(d) Low/moderate, thirty days.

(e) Low, no minimum number of days are required.

(2) No single pass shall exceed forty-eight consecutive hours.

(3) No series of passes shall exceed three hundred and thirty six hours cumulative in any six month period of time, unless authorized by the bureau of community sanctions designee.

(4) No prisoner on transitional control shall be granted a pass to a destination outside the state of Ohio.

(5) A pass request for overnight leave shall be granted only to a single pre-approved location.

(6) No prisoner on transitional control shall be permitted to go on a pass to or be transported by an individual convicted of a felony offense within the past five years or released from felony supervision within the last five years.

(D) The pass approval process shall follow the steps outlined below:

(1) Any prisoner on transitional control applying for a pass shall submit the request to the case manager of the licensed facility in which the prisoner resides.

(2) The supervising authority shall review the pass request.

(3) For any unescorted pass, the supervising authority shall investigate the destination within five business days after receipt of the request for investigation. If the prisoner requests a pass outside the region of the supervising authority, the supervising authority shall request that the transitional control halfway house or adult parole authority unit in the area of the pass location conduct the investigation. In this instance the investigation shall be completed within five business days after receipt of this request. The investigation shall include at a minimum:

(a) The investigating authority shall verify that the location of the pass is a legitimate residence.

(b) The investigating authority shall verify that the prisoner is visiting the person designated on the pass request and that no adults residing at the pass location have a record of any felony convictions or have been released from felony supervision within the past ten years.

(c) The investigating authority shall verify the purpose of the pass and that all other pass requirements have been met.

(4) The facility director or designee shall approve or disapprove of the pass request, within a reasonable amount of time , and communicate their decision to the relevant parties. No pass request shall be granted or considered valid unless signed by the facility director or designee.

(E) Passes are authorized at any time for a verifiable emergency when approved by the supervising authority.

(F) Any prisoner released on a pass pursuant to this rule who violates any part of this rule or any condition or rule of transitional control, shall be subject to a violation sanction, which may include revocation of transitional control. Any prisoner who presents an immediate threat to the safety or security of any person or place may be returned directly to the prison institution from which he was transferred to transitional control, notwithstanding any provision to the contrary in any other administrative rule.

(G) Any prisoner released on a pass who fails to return as designated, or whose deviation from the conditions and terms of the pass and the transitional control program constitutes a substantial risk of failure to return as designated, may be declared a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional facility shall not be credited toward the completion of the prisoner's prison term or period of supervision, but all other time on transitional control shall be so credited.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 10/24/2011

5120-12-07 Sanctions.

(A) Whenever a prisoner violates any rule or condition of the transitional control program, the supervising authority shall take appropriate action in response to the violation behavior. Such action may include the imposition of a sanction which may range from warning the prisoner to refrain from future violation behavior to referring the prisoner to a hearing for return to a state correctional institution in accordance with division (F) of section 2967.26 of the Revised Code. Parole officers, supervisors, halfway house staff and hearing officers have discretion to reasonably impose various sanctions in response to violation behavior. In so doing, they shall be guided by the policy and procedures contained in the adult parole authority violation sanction process policy.

(B) When a prisoner on transitional control status is believed to have violated any major rule or condition of transitional control or major rule of the licensed facility, which may warrant the revocation of transitional control release, the adult parole authority shall be informed of the violation by the facility as soon as possible, but no later than the next business day following the violation.

(C) If the decision is made to transfer a prisoner serving an indefinite sentence for a crime committed prior to July 1, 1996 to a state correctional institution as a sanction for a violation, a hearing will be held prior to the transfer. The hearing shall be conducted by a parole board hearing officer or other neutral employee of the department of rehabilitation and correction and shall conform with the guidelines contained in rule 5120:1-1-18 of the Administrative Code.

(D) A behavioral review committee composed of halfway house staff shall review alleged program rule violations by offenders sentenced for crimes committed on or after July 1, 1996. After reviewing an alleged violation, the committee shall make a recommendation to the bureau of community sanctions regarding the offender's termination from the program and return to prison pursuant to rule 5120-12-08 of the Administrative Code. The committee shall be comprised of at least three members. The chair of the committee shall be a member of the management.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 12/8/06, 12/15/10, 10/24/2011

5120-12-08 Return to the institution for administrative reasons.

(A) A prisoner shall be removed from the transitional control program without a hearing and returned to prison if any of the following events occur:

(1) After transfer to transitional control status, it is learned that the prisoner does not meet all of the eligibility requirements set forth in rule 5120-12-01 of the Administrative Code.

(2) After transfer to transitional control status, the prisoner requests to voluntarily withdraw from the transitional control program.

(3) The department of rehabilitation and correction obtains information that the prisoner has received an added sentence or information about a conviction that makes the prisoner ineligible.

(4) A jurisdiction files with the department of rehabilitation and correction a detainer for one or more unadjudicated felony charges, a sentence imposed but not yet served, a parole or probation violation, or any other reason which causes the bureau of community sanctions to believe that the prisoner is an escape risk.

(5) A jurisdiction subpoenas a prisoner to testify or appear at an out of state hearing.

(6) Circumstances arise, through no fault of the prisoner, which prevents the completion of the transitional control program in the community.

(7) Unacceptable adjustment to the transitional control program or program rule violations.

(B) A prisoner in the transitional control program may be returned to prison without a hearing, subject to reinstatement to the program, whenever the prisoner's physical or mental health renders the prisoner substantially incapable of participating in the transitional control program or pursuing its goals and objectives or requires treatment that can be provided more efficiently or cost-effectively in prison.

(C) Returns pursuant to this rule shall be made upon written order of the bureau of community sanctions designee . The order shall state the reasons for the return and whether the return is temporary or permanent. A copy of the order shall be given to the prisoner as soon as practical.

(D) Upon completion of the necessary course of treatment, and completion of a medical, psychological, or psychiatric evaluation of the individual's health, the warden or their designee may refer the prisoner's records back to the bureau of community sanctions for consideration of the prisoner's return to transitional control status.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26 , 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 6/22/09, 10/24/2011