Lawriter - OAC - 5120-12-07 Sanctions.

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.

Cite as Ohio Admin. Code 5120-12-07

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