Chapter 5120-17 Substance Use Disorder Treatment Program

5120-17-01 Establishment of a community-based substance use disorder treatment program and minimum criteria defining eligibility.

(A) Section 5120.035 of the Revised Code requires the department of rehabilitation and correction to establish and operate a community-based substance use disorder treatment program for eligible prisoners. The purpose of this program is to provide substance use disorder assessment and treatment through community treatment providers to help reduce substance use relapses and recidivism for eligible prisoners while preparing them for reentry into the community.

(B) A prisoner transferred into the community-based substance use disorder treatment program shall continue to serve his or her prison term in the facility of a community treatment provider. A community treatment provider must be licensed pursuant to division (C) of section 2967.14 of the Revised Code and must be certified by the department of mental health and addiction services under section 5119.36 of the Revised Code to provide substance use disorder treatment. The community treatment provider shall, at a minimum, provide substance use disorder assessment and treatment services in accordance with standards created and certified by the department of mental health and addiction services. A prisoner placed in the community-based substance use disorder treatment program shall earn days of credit under section 2967.193 of the Revised Code for time spent in the program.

(C) A prisoner transferred into the community-based substance use disorder treatment program shall retain the status of imprisoned under a sentence imposed for a criminal offense. The prisoner shall remain at the community treatment provider facility 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 an escape pursuant to section 2921.34 of the Revised Code and the department of rehabilitation and correction may declare the prisoner to be an escapee, stop the running of his or her sentence and request prosecution.

(D) The department of rehabilitation and correction may permit the prisoner to leave the community treatment provider facility to which he or she is assigned for approved activities. If the prisoner demonstrates satisfactory participation in the program, the department of rehabilitation and correction may, pursuant to division (C)(3) of section 5120.035 of the Revised Code and pursuant to rule 5120-17-04 of the Administrative Code, permit the prisoner to reside in the community at a residence approved by the community treatment provider or adult parole authority if it is determined that residing at the approved residence will help the prisoner prepare for reentry into the community and will help reduce substance use relapses and recidivism for the prisoner. Prisoners permitted to reside in the community at an approve residence shall be monitored by an electronic monitoring device.

(E) In order to be eligible for transfer into the community-based substance use disorder treatment program, a prisoner must meet all of the following minimum criteria:

(1) The prisoner is confined in state correctional institution solely under a prison term imposed for a felony of the fourth or fifth degree that is not an offense of violence.

(2) The prisoner has not previously been convicted of or pleaded guilty to a felony offense of violence. and, within the preceding five years, has not been convicted of or pleaded guilty to a misdemeanor offense of violence.

(3) The department of rehabilitation and correction determines, using a standardized assessment tool, that the person has a substance use disorder.

(4) The prisoner has not more than twelve months remaining until expiration of the prisoner's stated prison term.

(5) The prisoner is eighteen years of age or older.

(6) As determined by the department of rehabilitation and correction, the prisoner does not show signs of drug or alcohol withdrawal, does not require medical detoxification, and is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program.

(7) The prisoner's prison term was imposed by the court on or after July 1, 2015.

(8) The prisoner shall not have a designated security level of level 2, level 3, level 4 or level 5 unless otherwise approved by the department of rehabilitation and correction.

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

(10) The prisoner 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 be subject to a wanted detainer or a notify detainer for any untried felony charge or for any U.S. immigration action.

(11) The prisoner 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 convictions for solicitation under section 2907.04 of the Revised Code and prostitution under section 2907.25 of the Revised Code.

(12) The prisoner has not, during the current prison term, been transferred into the treatment program and been removed from the program for failing to satisfactorily participate in the program or due to a violation pursuant to paragraph (A)(7) of rule 5120-17-08 of the Administrative Code. A removal from the program during a previous prison term shall not disqualify the prisoner from participation in the program during the current or future prison terms.

(13) The prisoner shall not have any past or current convictions for conspiracy under section 2923.01 of the Revised Code, attempt under section 2923.02 of the Revised Code, or complicity under section 2923.03 of the Revised Code, where the underlying offenses are prohibited by this rule.

Effective: 4/2/2018
Five Year Review (FYR) Dates: 1/8/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035
Prior Effective Dates: 03/07/2016

5120-17-02 Screening and selection for transfer to community-based substance use disorder treatment program.

(A) All prisoners shall be screened to determine initial eligibility for transfer to a community-based substance use disorder treatment program based on the minimum criteria established in rule 5120-17-01 of the Administrative Code.

(B) With respect to those prisoners that meet the minimum criteria established in rule 5120-17-01 of the Administrative Code, the department, in conjunction with staff from the department of mental health and addiction services, shall:

(1) Determine, using a standardized assessment tool, whether the prisoner has a substance use disorder and the extent of the substance use disorder.

(2) Determine whether the prisoner is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program.

(3) Determine whether the prisoner shows signs of drug or alcohol withdrawal and whether the prisoner requires medical detoxification.

(C) If a prisoner meets the minimum criteria established in rule 5120-17-01 of the Administrative Code, and if the department of rehabilitation and correction or the department of mental health and addiction services determines that the prisoner has a substance use disorder, is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program, and does not require medical detoxification, the department of rehabilitation and correction may, at its sole discretion, transfer the prisoner into the program. In determining whether the prisoner is physically and mentally capable of uninterrupted participation in the treatment program, the department may consider the prisoner's prior successful or unsuccessful participation in any community control sanction relative to substance use disorder treatment if such information is provided to the department. The department of rehabilitation and correction's decision to transfer or not to transfer a prisoner into the substance use disorder treatment program is not appealable to any authority.

(D) A prisoner transferred into the community-based substance use disorder treatment program must agree to participate in and satisfactorily complete any programming or treatment ordered by the department of rehabilitation and correction or department of mental health and addiction services prior to transfer to the facility of a community treatment provider. The prisoner shall, prior to transfer into the treatment program, execute a release of information, the purpose of which is to permit the community treatment provider to disclose information to the department of rehabilitation and correction and department of mental health and addiction services related to the prisoner's treatment and progress toward successfully completing the treatment program.

Effective: 4/2/2018
Five Year Review (FYR) Dates: 1/8/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035
Prior Effective Dates: 03/07/2016

5120-17-03 Transfer, transportation and conditions of participation.

(A) The bureau of community sanctions shall have the following responsibilities:

(1) Notify the bureau of sentence computation and institution designee concerning the status of each prisoner approved for transfer to the facility of a community treatment provider.

(2) Coordinate the transfer and transportation of the prisoner with the prison institution and the facility of the community treatment provider where the prisoner will be confined and receive treatment.

(3) In the event that an offender becomes ineligible for transfer to a community treatment provider due to newly discovered evidence, institutional disciplinary infractions subsequent to the transfer approval, or for any reason when the transfer would be contrary to law or when the transfer would be inconsistent with the purposes of the community-based substance use disorder treatment program, the bureau of community sanctions shall notify the prisoner in writing that the prisoner will not be transferred and the reason(s) for the disapproval.

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

(1) After the prisoner is selected for transfer to the community-based substance use disorder treatment program and has satisfactorily completed any programming or treatment ordered by the department of rehabilation and correction or the department of mental health and addiction sercvices, the institutional designee where the prisoner is confined shall review the prisoner's file to ensure that the prisoner has not received an additional sentence or has otherwise become ineligible for transfer pursuant to section 5120.035 of the Revised Code or Chapter 5120-17 of the Administrative Code.

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

(a) Prisoners 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. 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 who will be transferred to a community treatment provider shall receive an additional thirty-day supply of medication from central pharmacy if appropriate. This medication shall be mailed directly to the facility of the treatment provider 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 facility of the treatment provider in which the prisoner will be confined to be deposited in the prisoner account maintained by the community treatment provider.

(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.

(C) Prisoners transferred to the facility of a community treatment provider who fail to return to the facility 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, but all other time in the treatment program shall be so credited.

(D) The prisoner shall abide by all rules, regulations, and conditions established by the community treatment provider to govern the conduct and behavior of prisoners confined at the facility of the community treatment provider while in the treatment program. The prisoner shall receive a written copy of the treatment program's rules, regulations, and conditions of participation in the program. The prisoner shall acknowledge receipt of the program's rules, regulations and conditions by signing a copy. The rules, regulations, and conditions shall include and the prisoner shall acknowledge that the prisoner, the prisoner's room, and prisoner's property is subject to search at any time by employees of the treatment provider or officers of the adult parole authority.

Effective: 4/2/2018
Five Year Review (FYR) Dates: 1/8/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035
Prior Effective Dates: 03/07/2016

5120-17-04 Electronic monitoring of prisoners.

(A) Pursuant to division (C)(3) of section 5120.035 of the Revised Code, prisoners in the substance use disorder treatment program may, after an appropriate length of stay at the facility of the community treatment provider, be confined in an approved residence and be monitored by an electronic monitoring device for the remainder of the prisoner's stated prison term. The decision to place a prisoner on electronic monitoring at an approved residence shall be made by the community treatment provider, however, this decision is subject to review and reversal by the department. The following criteria shall be considered prior to placing a prisoner on electronic monitoring at an approved residence:

(1) The prisoner's level of engagement and participation in the treatment program;

(2) The prisoner's behavior and rule violation history;

(3) The suitability of the proposed residence as determined by paragraph (B) of this rule;

(4) The effect that such a placement will have on the prisoner's ability to successfully re-enter the community, reduce substance use relapses and reduce recidivism.

(B) Prior to placement of prisoners on an electronic monitoring device at a residence, the community treatment provider or department of rehabilitation 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) Employees of the treatment provider, employees of the electronic monitoring center, or employees of the department of rehabilitation and correction, may enter the residence to ensure that the electronic monitoring equipment is operating properly.

(c) The owner and/or tenant 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 in the treatment program is residing there.

(d) Employees of the treatment provider or the department of rehabilitation and correction may search the residence in which a prisoner on electronic monitoring resides when there is reasonable belief that the community treatment provider's program rules or department of rehabilitation and correction rule of particpation have been violated.

(2) The employees of the treatment provider or the adult parole authority must determine that the residence would be conducive to the prisoner making a satisfactory adjustment to electronic monitoring.

(C) If it is determined that a residence is suitable for electronic monitoring, the investigating staff member from the community treatment provider or department of rehabilitation and correction shall have the owner or tenant sign the host agreement required by paragraph (B)(1) of this rule.

(D) After an appropriate length of stay at the facility of a community treatment provider and after evaluating the criteria set forth in paragraph (A) of this rule, the community treatment provider may permit the prisoner to reside at the residence on electronic monitoring if it is determined that the prisoner is satisfactorily participating in the program, that the proposed residence is suitable under paragraph (C) of this rule, and that residing at the residence will help the prisoner prepare for reentry into the community and will help reduce substance use relapses and recidivism for the prisoner.

(E) The department of rehabilitation and correction or the community treatment provider 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 or community treatment provider 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 treatment provider shall immediately investigate any potential violations of the community treatment provider's program rules or department of rehabilitation and correction rules of participation. The treatment provider shall document the details of the investigation's findings and any action taken to address the behavior.

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

Effective: 3/7/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035

5120-17-05 Supervision fees and disbursement of earnings.

(A) The department of rehabilitation and correction may require a prisoner who is transferred into the substance use disorder treatment program, including prisoners placed on an electronic monitoring device while in the program, 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 substance use disorder treatment program, in accordance with division section 5120.56 of the Revised Code.

(1) Payments received by the division shall be deposited into the offender financial responsibility fund.

(2) A prisoner's inability to pay those expenses shall not be grounds for refusing to transfer an otherwise eligible prisoner into the substance use disorder treatment program.

(3) Payments deposited in the offender financial responsibility fund pursuant to this rule shall be used solely to pay costs related to the operation of the substance use disorder treatment program.

(B) Prisoners in the substance use disorder treatment 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 treatment provider for this purpose. The department of rehabilitation and correction shall have the ability to hold, disburse, or supervise the disbursement of these funds.

(C) Prisoners in the substance use disorder treatment program shall meet their financial obligations by the allocation and disbursement of their net earnings as follows:

(1) Up to twenty-five per cent of the prisoner's net earnings 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 the prisoner's net earnings 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 at the facility of a treatment provider shall pay twenty-five per cent of the prisoner's total gross income to the offender financial responsibility fund, held by the division of parole and community services, to pay costs related to the operation of the substance use disorder treatment 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 offender financial responsibility fund to pay costs related to the electronic monitoring. Prisoners may request a waiver or reduction of these fees upon written request to the community treatment provider.

(4) At least twenty-five per cent of the prisoner's net 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 treatment provider for the following purposes:

(a) Reasonable purchases, expenses or fees which are incidental to participating in the substance use disorder treatment 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 in the substance use disorder treatment program shall be collected by the director of the treatment program 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 department of rehabilitation and correction.

(E) Salaries, commissions, fees, bonuses, stipends, and subsidies earned while in the substance use disorder treatment program 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 offender financial responsibility fund to be used to defray the cost of locating and transporting the absconded prisoner.

(H) The department of rehabilitation and correction shall deposit all moneys received from prisoners in the substance use disorder treatment program into the offender financial responsibility 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 the substance use disorder treatment program.

(2) The purchase of special services required for prisoners in the substance use disorder treatment program.

(3) Other costs not specified that directly relate to the substance use disorder treatment program or which benefit prisoners in the substance use disorder treatment program.

(I) The department of rehabilitation and correction shall maintain accurate records of deposits and expenditures related to the operation of the substance use disorder treatment program from the offender financial responsibility fund together with its current balance. The department of rehabilitation and correction shall maintain such other information that may be necessary.

Effective: 3/7/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035

5120-17-06 Issuance of passes.

(A) The treatment provider may issue passes for the temporary release from a treatment facility of prisoners transferred into the substance use disorder treatment program for certain limited purposes. No passes shall be issued to a prisoner within thirty days of the prisoner's arrival to the treatment facility. Prior to issuing a pass, the treatment facility director or designee shall evaluate whether issuing the pass is appropriate considering the prisoner's risk level and the prisoner's participation, response and adjustment to the treatment program.

(B) Passes may be issued 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 arrange or attend employment;

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

(C) A pass from a treatment provider facility in which a prisoner is confined in the substance use disorder treatment program 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) No single pass shall exceed forty-eight consecutive hours.

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

(3) No prisoner in the substance use disorder treatment program shall be granted a pass to a destination outside the state of Ohio.

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

(5) No prisoner in the substance use disorder treatment program 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. Prisoners shall not be approved for a pass to a residence of any victim or co-defendant involved in any of the prisoner's past or present offenses.

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

(1) Any prisoner in the substance use disorder treatment program applying for a pass shall submit the request to the treatment provider in which the prisoner resides.

(2) The treatment provider designee shall review the pass request.

(3) For any unescorted pass, the treatment provider shall investigate the destination after receipt of the request for investigation. If the prisoner requests a pass outside the region of the treatment provider, the treatment provider shall request that the treatment provider or department of rehabilitation and correction designee in the area of the pass location conduct the investigation. The investigation shall include at a minimum:

(a) The community treatment provider or department of rehabilitation designee shall verify that the location of the pass is a legitimate residence.

(b) The community treatment provider or adult parole 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 five years.

(c) The treatment provider or adult parole authority shall verify the purpose of the pass and that all other pass requirements have been met.

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

(E) Any prisoner released on a pass pursuant to this rule who violates any part of this rule or any condition or rule of the substance use disorder treatment program, shall be subject to a violation sanction, which may include revocation of the substance use disorder treatment program. 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 into the substance use disorder treatment program, notwithstanding any provision to the contrary in any other administrative rule.

(F) 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 substance use disorder treatment 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, but all other time in the substance use disorder treatment program shall be so credited.

Effective: 3/7/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035

5120-17-07 Sanctions.

(A) Whenever a prisoner violates rules of the community treatment provider or rules of participation in the substance use disorder treatment program, the treatment provider 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 the treatment provider's behavioral review committee for a possible recommendation for a return to a state correctional institution. Treatment provider staff and hearing officers have discretion to reasonably impose various sanctions in response to violation behavior.

(B) When a prisoner in the substance use disorder treatment program is believed to have violated any major rule or condition of the program, which may warrant the revocation of transfer to the facility of the treatment provider, the adult parole authority shall be informed of the violation as soon as possible, but no later than the next business day following the violation.

(C) A behavioral review committee composed of staff from the treatment provider facility shall review alleged program rule violations by offenders that may result in a return to a prison institution. Prisoners shall be provided written notice of an alleged program rule violation. If the prisoner is unavailable due to confinement at a local jail or violator-at-large status, alleged violations of program rules shall be submitted in writing to the behavioral review committee. If the prisoner is available and disputes the alleged program rule violation, the offender may submit information in writing to the behavioral review committee stating the reasons for his or her objection. After reviewing an alleged violation and any written information submitted by the prisoner, 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 5120-17-08 of the Administrative Code. Prior to making its recommendation, the committee may require the prisoner to appear before the committee and submit additional information. The committee shall be comprised of at least three members. The chair of the committee shall be a member of management of the treatment provider.

Effective: 3/7/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035

5120-17-08 Return to the institution for administrative reasons.

(A) A prisoner shall be removed from the substance use disorder treatment program and returned to prison if any of the following events occur:

(1) After transfer to the facility of a treatment provider, it is learned that the prisoner does not meet all of the eligibility requirements set forth in rule 5120-17-01 of the Administrative Code.

(2) After transfer to the facility of a treatment provider, the prisoner requests by signed writing to voluntarily withdraw from the substance use disorder treatment 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 reasonably 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 substance use disorder treatment program in the community.

(7) Unacceptable adjustment to the substance use disorder treatment program or any program rule violation.

(B) A prisoner may be removed from the substance use disorder treatment program and returned to prison, subject to reinstatement to the program, whenever the prisoner's physical or mental health renders the prisoner substantially incapable of participating in the substance use disorder treatment program 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 designee may refer the prisoner's records back to the bureau of community sanctions for consideration of the prisoner's return into the substance use disorder treatment program.

Effective: 3/7/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035

5120-17-09 Successful completion of the program.

(A) A prisoner shall be deemed to have successfully participated in and completed the treatment program if the prisoner was not removed from the program and returned to a department of rehabilitation and correction institution and if the community treatment provider determines that the prisoner satisfactorily participated in the treatment program. The community treatment provider shall make this determination in writing no later than fourteen days prior to expiration of the prisoner's stated prison term and shall provide a copy to the bureau of community sanctions. The community treatment provider shall include in its written notice of successful completion of the program an evaluation and description of the prisoner's participation in the treatment program and a description of the prisoner's needs regarding continued substance use disorder treatment upon release.

(B) The department shall, prior to expiration of the prisoner's stated prison term, and with input from the community treatment provider, prepare an evaluation and description of the prisoner's participation in the treatment program, and an evaluation of the prisoner's needs regarding substance use disorder treatment upon release. The parole board shall consider this evaluation when assessing the prisoner for mandatory or discretionary post-release control pursuant to section 2967.28 of the Revised Code.

Effective: 4/1/2016
Five Year Review (FYR) Dates: 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035