Chapter 5120-9 Use of Force; Institutional Rules

5120-9-01 Use of force.

(A) As the legal custodians of a large number of potentially dangerous inmates, prison officials and employees are confronted with situations in which it may be necessary to use force to control inmates or respond to resistance. This rule identifies the circumstances when force may be used lawfully.

(B) As used in this rule and rules 5120-9-02 and 5120-9-03 of the Administrative Code:

(1) "Force" means the exertion or application of a physical compulsion or constraint.

(a) The mere application and use of restraints (such as handcuffs, waist or leg restraints) in connection with accepted procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(b) The use of one's hands with minimal force such as may be necessary or incidental to the application of restraints, or to restrain, guide, support, or direct, etc., an inmate during procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(c) If force, greater than minimal force, is needed to overcome the physical resistance of an inmate in order to apply restraints or otherwise gain control of the inmate, it shall be considered a reportable use of force.

(2) "Less-than-deadly force" means any force which could not reasonably be expected to result in the death of the person against whom it is directed.

(3) "Excessive force" means an application of force which, either by the type of force employed, or the extent to which such force is employed, exceeds that force which reasonably appears to be necessary under all the circumstances surrounding the incident.

(4) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person. Examples of deadly force include, but are not limited to, the following:

(a) Discharging a firearm in the immediate vicinity of or directed toward another person;

(b) Striking another person on the head with an instrument;

(c) Applying force or weight to the throat or neck of another.

(5) "Physical harm to persons" means any injury or other physiological impairment regardless of its gravity or duration.

(6) "Serious physical harm to persons" means any of the following:

(a) Any physical harm which carries a substantial risk of death;

(b) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;

(c) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment which occurred as a result of a physical injury;

(d) Any physical harm which involves some permanent disfigurement or which involves some temporary, serious disfigurement;

(e) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain.

(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.

(8) "Substantial risk" means a strong possibility, as contrasted with a remote or insignificant possibility, that a certain result may occur or that certain circumstances may exist.

(9) "Immobilizing security restraints" means any appliance which secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" shall include, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(C) Guidelines regarding the use of force. Force shall be used in accordance with the following guidelines.

(1) Amount of force. Staff members considering the use of force shall evaluate the need to use force based on the circumstances as known and perceived at the time it is considered.

(a) Staff may use force only to the extent deemed necessary to control the situation; staff shall increase or decrease the level of force as resistance increases or decreases.

(b) Staff should attempt to use only the amount of force reasonably necessary under the circumstances to control the situation and shall attempt to minimize physical injury.

(c) Force or physical harm to persons shall not be used as punishment.

(2) Less-than-deadly force. There are six general circumstances in which a staff member may use force against an inmate or third person. A staff member may use less-than-deadly force against an inmate in the following circumstances:

(a) Self-defense from physical attack or threat of physical harm.

(b) Defense of another from physical attack or threat of physical attack.

(c) When necessary to control or subdue an inmate who refuses to obey prison rules, regulations or orders.

(d) When necessary to stop an inmate from destroying property or engaging in a riot or other disturbance.

(e) Prevention of an escape or apprehension of an escapee; or

(f) Controlling or subduing an inmate in order to stop or prevent self-inflicted harm.

(3) Deadly force. Deadly force may only be used when the staff member reasonably believes that such force is necessary to accomplish any of the following:

(a) To protect self or another from death or serious physical harm being caused or threatened by an inmate or another person;

(b) To prevent or halt the commission of an escape, or to apprehend an escapee, or;

(c) To prevent loss of control of the institution, or a significant part, or in order to regain such control.

(4) Whenever possible, an appropriate oral warning shall be given prior to the use of deadly force. In no event shall a warning shot from a firearm be appropriate.

(5) Medical attention for any individual injured during a use of force incident will be provided as soon as practical after the incident.

(6) Planned use of force: In the event of a cell extraction, work stoppage, disturbance or other situation in which staff can prepare for the use of force, such force shall be directed by the shift supervisor or other ranking official. The supervisor shall ensure that the incident is videotaped.

Effective: 09/09/2013
R.C. 119.032 review dates: 06/17/2013 and 09/09/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 11/27/76, 12/10/79, 9/4/84, 07/01/2004

5120-9-02 Use of force report and investigations.

(A) Following any reported use of force, the shift supervisor shall ensure that the following reports have been completed:

(1) Each staff member who used force or who witnessed any part of the use of force shall complete an incident report which accurately and completely describes what he or she observed, what led up to the incident and what was done to resolve the matter, and what force was used by the staff member. The report form shall list the inmates on whom force was used, the staff members who used force and any staff, inmate or other witnesses known. The report shall be completed prior to the end of the shift, unless the staff member, for good cause, is unable to do so.

(2) The shift supervisor shall obtain a written statement from each inmate against whom force was used describing the inmate's version of the event, and identifying any witnesses to the event. This statement shall be taken as soon as possible after the incident. The shift supervisor shall determine what additional witness statements are needed and, in making this determination, shall take into consideration both the nature of the incident and any injuries received. The inmate may refuse to make such a statement, but shall make his refusal in writing and shall acknowledge that he knowingly waived his opportunity to make a statement.

(3) In the event that the inmate is placed in isolation and suspected of committing a criminal offense, the warden, warden's designee, or highest ranking official on site shall consult with the Ohio state highway patrol prior to interviewing the inmate to coordinate the administrative investigation with any criminal investigation.

(4) Medical staff shall examine all individuals upon whom force was used, and any individual who used force on an inmate. Medical staff shall prepare a written assessment of each individual examined. Whenever a person is injured and needs medical care a shift supervisor shall collect and report the names of staff and inmate witnesses. If the shift supervisor was directly involved in the force incident, statements shall be obtained by another supervisor not directly involved in the incident.

(5) The shift supervisor shall consider making a videotape or photographic record of any individual, whether staff or inmate, who was or claims to have been injured during the incident. In deciding to make such a record, the shift supervisor shall consider:

(a) The extent of the injuries;

(b) The nature of the incident, even if the individual is uninjured; and

(c) Whether the injury is visible or capable of being photographed.

(6) The record of injuries may be made at the time of the medical assessment if doing so will not interfere with or delay the delivery of necessary medical care. Such record must not include any medical information apart from a description or depiction of the injury.

(B) The shift supervisor shall prepare a packet containing each of the documents listed in this rule together with any other witness statements or information considered relevant. The shift supervisor shall prepare a report on the appropriate form to attach to the relevant documents referenced above. The shift supervisor shall deliver this packet to the deputy warden of operations, and/or other designee, as soon as all reports are completed and prior to the end of the shift.

(C) The deputy warden of operations shall review the use of force packet prepared by the shift supervisor. The deputy warden of operations may order or collect additional statements or other information as needed. The deputy warden shall determine the following:

(1) Are the factual circumstances described sufficiently in the record to enable an evaluation of the amount of force used;

(2) Are the factual circumstances of the situation in dispute;

(3) Was the type and amount of force appropriate for the circumstances as the deputy warden of operations believes them to have occurred;

(4) Was the type and amount of force reasonable under the circumstances as the responding staff perceived them; and

(5) Were applicable administrative rules, departmental policies, institution policies and post orders followed.

(D) The deputy warden of operations shall send his or her determinations as described above to the warden for review or further action. The warden may:

(1) Accept the findings of the deputy warden of operations;

(2) Direct that the deputy warden of operations or other appropriate staff conduct further inquiry into the situation;

(3) Refer the matter to a use of force investigation; or,

(4) Refer the matter to the chief inspector, pursuant to paragraph (K) of this rule, for investigation.

(E) The warden may refer any use of force to a use of force investigation at any time. The warden is required to refer the use of force for further inquiry if any of the following apply:

(1) The factual circumstances are not described sufficiently in the record to enable an evaluation of the propriety of the amount of force utilized;

(2) The incident involved serious physical harm to any person;

(3) The incident constituted a significant disruption to the normal operation of the institution; or

(4) Weapons, PR-24 strikes, or less-lethal munitions were used during the incident, whether by staff or by inmates.

(F) The use of force investigator shall be assigned by the warden or designee. The use of force investigator shall conduct a review of the use of force incident and the matters surrounding the incident. The investigator shall not be any person involved with the incident under investigation, nor such person's direct supervisor, nor any person who reviewed some other aspect of the incident, such as the hearing officer or a member of the rules infraction board. The person appointed to investigate a use of force incident must complete training for that position.

(G) The use of force investigator shall review all materials in the use of force packet and any findings previously made. The investigator shall also interview each inmate and staff member directly involved, and any other relevant witnesses. These interviews shall be completed within twenty working days of the date the matter was referred to the investigator. Any extensions must be approved by the warden. The investigator shall review any other relevant evidence .

(H) The investigator shall prepare a report which contains findings of fact and conclusions as to whether the level and degree of force used was appropriate for the circumstances. The investigator shall submit to the warden a report, a summary of the statements received , the use of force packet, and any other information received by the investigator within thirty working days after being assigned. The warden must approve any request for an extension of the deadline for the report.

(I) The warden shall review the record and report presented by the investigator. If the warden believes that further investigation or clarification is necessary the warden may return the matter to the assigned investigator, another investigator, or the chief inspector for additional investigation or review. When the warden is satisfied that the matter has been thoroughly investigated, the warden shall take such actions as he or she deems appropriate.

(J) The warden shall send completed investigatory reports to the appropriate regional security administrator, following the warden's review. The warden shall supplement the report with any relevant information about other actions taken as a consequence of the conclusions of the report. The warden shall also send a copy of every use of force report packet that did not result in an investigation to the appropriate regional security administrator. The complete investigative record shall be stored in a secure area designated by the warden. A copy of the cover sheet and report prepared by the investigator, minus any attachments, shall be placed in the offender's unit file and in the designated employee file.

(K) The chief inspector may initiate an investigation of a use of force incident either upon his or her own initiative or upon the request of the director, assistant director, regional director, or the warden of the institution in which the incident took place. In such cases the chief inspector may utilize other departmental staff to assist with the investigation or hearing as may be necessary or appropriate, notwithstanding other provisions of this rule to the contrary.

(L) A use of force investigation report generated under this rule shall also serve as the administrative investigation into conduct which may be in violation of departmental policies, procedures and/or rules. The use of force investigation may be used to support employee disciplinary action.

Effective: 06/24/2013
R.C. 119.032 review dates: 01/12/2014
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 10/19/74, 12/10/79, 7/18/83, 9/4/84, 2/14/85, 1/1/89, 7/1/2004, 8/19/04, 01/01/2008, 4/1/2009

5120-9-03 Inmate complaints of use of force where no use of force report has been made.

(A) A use of force by a staff member, as defined in rule 5120-9-01 of the Administrative Code, with no subsequent use of force report being made is contrary to department policy.

(B) The inspector of institutional services, (hereinafter referred to as the IIS,) of each institution shall have the responsibility of investigating inmate complaints of use of force by a staff member, where no report was filed.

(C) In the event of a complaint by an inmate of use of force, where no use of force report was made, the following procedure shall apply:

(1) Any inmate complaint of use of force, whether oral or written, received by any staff member, shall be immediately forwarded to the IIS. If the inmate complaint is oral, the staff member receiving the complaint shall document it in an incident report and forward a copy to the IIS.

(2) Regardless of the manner in which a complaint of use of force is received, the staff member receiving the report shall insure that a prompt medical examination is made of the inmate upon who the use of force was allegedly used.

(3) Upon receipt of a complaint of a use of force, the IIS shall interview the inmate, the staff member(s) allegedly involved and any other witnesses the IIS deems necessary to determine if a use of force occurred.

(4) If the IIS determines that a use of force did occur the IIS shall require that appropriate use of force reports be filed.

(5) The IIS shall prepare a report for the warden, which will include his or her findings, a summary of the evidence upon which the finding was based, and any and all relevant documentation, such as the inmate's written complaint, incident reports, and or use of force reports.

(6) The managing officer shall then take action consistent with rule 5120-9-02 of the Administrative Code.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 12-31-76, 7-1-04, 8-19-04

5120-9-04 Appropriate supervision, discrimination and racial issues.

(A) Discrimination with regards to supervision and administrative actions against any inmate or group of inmates, on the basis of race, color, religion, gender, sexual orientation, disability, age or national origin, by any staff member, or by any group or individual representing the department is strictly prohibited. Any substantiated acts of discrimination on the part of staff shall be addressed through the employee disciplinary process, which may include such sanctions as suspension or removal.

(B) As used herein, the term "inappropriate supervision" means any continuous method of annoying or needlessly harassing an inmate or group of inmates, including, but not limited to, abusive language, racial slurs, and the writing of inmate conduct reports strictly as a means of harassment. A single incident may, due to its severity or egregiousness, be considered inappropriate supervision for purposes of this rule.

(C) To provide a monitoring mechanism to ensure conduct reports are not being issued strictly for harassment purposes the department of rehabilitation and correction shall keep a record of conduct reports written by each staff member. The record shall include a copy of the conduct report and its disposition.

(D) Inmates may always address issues of alleged discrimination, including inappropriate supervision by utilizing the inmate grievance procedures in accordance with rule 5120-9-31 of the Administrative Code.

(E) Notwithstanding paragraph (D) of this rule, when any staff member receives an inmate complaint that appears to allege inappropriate supervision as defined by this rule, the staff member shall immediately forward the complaint to the inspector of institutional services for review.

(F) If after review the inspector of institutional services determines the complaint to constitute a possible violation of appropriate supervision the following procedure shall apply:

(1) The inspector of institutional services shall promptly interview the inmate who wrote the complaint. The inmate shall at this time be advised of the availability of the inmate grievance procedures if the inmate wishes to pursue the complaint on his own behalf.

(2) Regardless of the inmate's decision whether or not to utilize the inmate grievance procedures, if the inspector of institutional services, based on his interview with the inmate, finds that the inmate's complaint may have merit, the inspector of institutional services shall conduct further investigation, including conducting interviews of the staff member(s) involved, potential or identified witnesses, and anyone else the inspector of institutional services feels may have relevant testimony to give. If relevant to the complaint, the inspector of institutional services shall review the staff member's conduct report writing record.

(3) After the inspector of institutional services has completed the investigation the inspector shall write a report to the managing officer, which shall include the inmate's original complaint, the inspector of institutional services' findings of fact, and the evidence upon which the finding is based. The inspector of institutional services shall then make a conclusion as to whether or not the supervision of the staff member was appropriate. In cases where the inmate has filed a grievance the inspector of institutional services shall also provide the inmate with a disposition to the grievance, which will include the inspector of institutional services' findings, consistent with rule 5120-9-31 of the Administrative Code. The inspector's report to the managing officer shall also serve as the administrative investigation into conduct which may be in violation of departmental policies procedures and/or rules. The inspector's report may be used to support employee disciplinary actions.

(4) The managing officer may order additional investigation, if the managing officer deems necessary. At the point the managing officer decides the incident has been thoroughly investigated, the managing officer shall take any appropriate action necessary.

(5) A copy of all documents related to the complaint and investigation, including the report to the managing officer and the managing officer's response, if any, shall be maintained by the inspector of institutional services in accordance with the established and applicable record retention schedule.

(G) All employee orientation and in-service training and staff development shall include extensive programs in interpersonal communications and human relations, including appropriate supervision and cultural sensitivity.

(H) So far as reasonably possible, and consistent with all other applicable constitutional and statutory requirements, institutional programs and work assignments should closely reflect the racial composition of the institution's inmate population.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 12/31/76; 7/18/83; 7/18/97, 4/16/99, 7/1/04, 08/19/04, 04/01/09, 6/24/13

5120-9-05 Immobilizing restraints for security or administrative purposes.

(A) Immobilizing security restraints may be used for the safety of persons and the security and good order of the institution. Immobilizing security restraints shall never be used as punishment. The use of immobilizing security restraints shall be governed by this rule and rule 5120-9-01 of the Administrative Code. The requirements of this policy shall not govern nor have application in mental health housing or in any use of therapeutic restraints on a seriously mentally ill inmate under the supervision of healthcare treatment staff.

(B) Reports. The use of immobilizing security restraints shall be considered an application of force.

(1) Staff involved in placing an inmate in immobilizing security restraints shall document the placement as a use of force. The use of force incident reports and all related documents shall be delivered to the shift commander prior to the end of the shift in which the restraints were applied.

(2) Institution staff who recommend or authorize placement of an inmate in immobilizing security restraints shall document the factors related to that decision in an incident report, explaining the events leading up to the application of the immobilizing restraints.

(3) The application of immobilizing security restraints under this policy shall be recorded on videotape.

(C) The following terms are defined as indicated.

(1) "Immobilizing security restraint" means any appliance that secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" shall include, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(a) Inmates shall be restrained in the face-up position (supine), with face towards the ceiling, arms at the sides, and with feet approximately shoulder-width apart, unless otherwise ordered by the institution medical director.

(b) Inmates shall not be restrained by linking the hands and feet behind the back, sometimes called "hog-tying."

(2) "Initial Period of Restraint" means the first authorized period of immobilizing security restraint that may be up to two hours in duration. This period of restraint may be initiated by either the highest-ranking supervisor on site, the shift supervisor, or other person designated by the managing officer.

(3) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. The continued period of restraint may be up to six hours in duration. This period of restraint may only commence with the approval of a physician following an examination of the inmate by a qualified medical professional.

(4) "Mental health housing" is a residential treatment unit ("RTU"), mental health crisis cell, infirmary cell or any other housing designated for treatment of inmates for serious mental illness.

(5) "Qualified medical professional" is a registered nurse, a nurse practitioner, a physician or a physician assistant.

(D) Authorization. The highest ranking supervisor on site, the shift supervisor, or other person designated by the managing officer shall authorize the placement of an inmate in immobilizing security restraints when he or she determines that:

(1) The inmate is engaging in violent, threatening, destructive or self-destructive behavior that poses an imminent risk of physical harm to himself or another, or;

(2) The inmate persists in disruptive behavior or behavior that threatens the security of the institution, and,

(3) Will not respond to orders to cease and other means of restraint do not appear to be an effective alternative, and,

(4) The imposition of immobilizing security restraints is necessary to gain control of the inmate.

(E) Duration and release. An inmate placed in immobilizing security restraints shall be restrained for limited, authorized periods or until the reason for the restraint no longer exists, whichever comes first. An inmate in immobilizing security restraints shall be permitted to take liquids every two hours, eat meals and use toilet facilities, as the inmate's behavior allows it. The inmate should be released to the degree and for the time necessary to perform these functions.

(1) "Initial Period of Restraint." The first authorized period of immobilizing security restraint may be initiated as indicated in paragraph (D) of this rule. This period may be up to two hours in duration.

(a) Medical exam. A qualified medical professional shall immediately review the inmate's medical file and personally examine the inmate. The inmate shall be continually observed until the qualified medical professional evaluation and approval occurs. The qualified medical professional's review shall be documented in the inmate's medical chart.

(2) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. If during the initial period of restraint the inmate continues to demonstrate violent, turbulent, threatening, or self-destructive behavior, a continued period of restraints may be authorized. This period may last for up to six hours.

(a) To authorize this period of restraint, the shift supervisor or other official identified in paragraph (D) of this rule, must determine that the reasons for the application of restraints still exist; and,

(b) A physician must approve the continued period of restraint. In order to approve the continued period of restraint, a physician or a qualified medical professional must first examine the inmate and record the examination in the medical file. If the qualified medical professional, conducts the examination, he or she must also speak to a physician whose approval shall be necessary for continued restraint. The physician's approval must be documented in the medical file, and may be provided by telephone.

(3) The shift supervisor must consult with the mental health staff at the time of release to evaluate the inmate's present needs. If continued restraint may appear to be necessary after eight hours of restraint, the medical director and the bureau of behavioral health services staff must evaluate the inmate personally and recommend appropriate action.

(4) Release from immobilizing security restraints can be ordered at any time by the shift supervisor, the physician, the managing officer or the managing officer's designee when the inmate is no longer disruptive, threatening or engaging in self-destructive behavior, or creating a security risk.

(5) If the examining qualified medical professional concludes at any time that the inmate is likely to suffer imminent and serious physical harm as a result of the restraints, the qualified medical professional shall immediately communicate this information to the shift supervisor. The shift supervisor shall then take action to diminish the risk of harm to a medically acceptable level, up to and including the release of the inmate from the restraint.

(F) Health care notifications. As soon as possible after an inmate has been placed in immobilizing restraints, the shift supervisor shall notify the institution's mental health staff, or medical staff if mental health staff is not available on site. When the incident is to be handled as a planned use of force, the medical staff shall be notified prior to the incident and shall be in attendance during the incident whenever possible.

(1) The health care staff contacted shall check to determine whether the inmate is on the mental health caseload.

(2) If the inmate is on the caseload or is behaving in an unusual manner, the health care staff shall contact the appropriate on-duty psychiatrist, psychologist, licensed independent social worker or the psychiatrist on-call for an appropriate consultation.

(3) Documentation of the health care evaluation and any subsequent actions shall be entered into the mental health record if completed by mental health staff, or into the medical record if completed by medical staff.

(G) Monitoring. Staff shall periodically check on the condition of any inmate in restraints.

(1) After the initial qualified medical professional's evaluation and approval referenced in paragraph (E)(1)(a) of this rule, security staff shall check an inmate in immobilizing security restraints on an irregular basis, not to exceed fifteen minutes apart. Each check shall be documented in an appropriate restraint log indicating the time of the check, the inmate's behavior, and any observations made by staff and the staff member's initials.

(2) A qualified medical professional shall check on the condition of any inmate in immobilizing security restraints no less than every two hours. The medical staff must document these checks in the medical file and in the appropriate restraint log.

(3) "Restraint Log." Whenever an inmate is placed in immobilizing security restraints, staff responsible for the supervision of the area in which the inmate is held shall maintain a restraint log noting the reasons for the restraints and the time and date of restraint, authorizations, staff contacts with the inmate, medical contacts with the inmate, and other appropriate information.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 7/1/2004, 8/19/04, 2/1/09

5120-9-06 Inmate rules of conduct.

(A) The disciplinary violations defined by this rule shall address acts that constitute an immediate and direct threat to the security or orderly operation of the institution, or to the safety of its staff, visitors and inmates, (including the inmate who has violated the rule,) as well as other violations of institutional or departmental rules and regulations.

(B) Dispositions for rule violations are defined in rules 5120-9-07 and 5120-9-08 of the Administrative Code.

(C) Rule violations: Assault and related acts, rules 1 through 7; threats, rules 8 through 10; sexual misconduct, rules 11 through 14; riot, disturbances and unauthorized group activity, rules 15 through 19; resistance to authority, rules 20 through 23; unauthorized relationships and disrespect, rules 24 through 26; lying and falsification, 27 and 28; escape and related conduct, rules 29 through 35; weapons, rules 36 through 38; drugs and other related matters, rules 39 through 43; gambling, dealing and other related offenses, rules 44 through 47; property and contraband, rules 48 through 51; fire violations, rules 52 through 53; telephone, mail and visiting, rules 54 through 56; tattooing and self-mutilation, rules 57 through 58; general provisions, rules 59 through 61 as follows:

(1) Causing, or attempting to cause, the death of another.

(2) Hostage taking, including any physical restraint of another.

(3) Causing, or attempting to cause, serious physical harm to another.

(4) Causing, or attempting to cause, physical harm to another.

(5) Causing, or attempting to cause, physical harm to another with a weapon.

(6) Throwing, expelling, or otherwise causing a bodily substance to come into contact with another.

(7) Throwing any other liquid or material on or at another.

(8) Threatening bodily harm to another (with or without a weapon.)

(9) Threatening harm to the property of another, including state property.

(10) Extortion by threat of violence or other means

(11) Non-consensual sexual conduct with another, whether compelled:

(a) By force,

(b) By threat of force,

(c) By intimidation other than threat of force, or,

(d) By any other circumstances evidencing a lack of consent by the victim.

(12) Non-consensual sexual contact with another, whether compelled:

(a) By force.

(b) By threat of force,

(c) By intimidation other than threat of force, or,

(d) By any other circumstances evidencing a lack of consent by the victim.

(13) Consensual physical contact for the purpose of sexually arousing or gratifying either person.

(14) Seductive or obscene acts, including indecent exposure or masturbation; including, but not limited, to any word, action, gesture or other behavior that is sexual in nature and would be offensive to a reasonable person.

(15) Rioting or encouraging others to riot.

(16) Engaging in or encouraging a group demonstration or work stoppage.

(17) Engaging in unauthorized group activities as set forth in paragraph (B) of rule 5120-9-37 of the Administrative Code.

(18) Encouraging or creating a disturbance.

(19) Fighting - with or without weapons, including instigation of, or perpetuating fighting.

(20) Physical resistance to a direct order.

(21) Disobedience of a direct order.

(22) Refusal to carry out work or other institutional assignments.

(23) Refusal to accept an assignment or classification action.

(24) Establishing or attempting to establish a personal relationship with an employee, without authorization from the managing officer, including but not limited to:

(a) Sending personal mail to an employee at his or her residence or another address not associated with the department of rehabilitation and correction,

(b) Making a telephone call to or receiving a telephone call from an employee at his or her residence or other location not associated with the department of rehabilitation and correction,

(c) Giving to, or receiving from an employee, any item, favor, or service,

(d) Engaging in any form of business with an employee; including buying, selling, or trading any item or service,

(e) Soliciting sexual conduct, sexual contact or any act of a sexual nature with an employee.

(f) For purposes of this rule "employee" includes any employee of the department and any contractor, employee of a contractor, or volunteer.

(25) Intentionally grabbing, or touching a staff member or other person without the consent of such person in a way likely to harass, annoy or impede the movement of such person.

(26) Disrespect to an officer, staff member, visitor or other inmate.

(27) Giving false information or lying to departmental employees.

(28) Forging, possessing, or presenting forged or counterfeit documents.

(29) Escape from institution or outside custody (e.g. transport vehicle, department transport officer, other court officer or law enforcement officer, outside work crew, etc.) As used in this rule, escape means that the inmate has exited a building in which he was confined; crossed a secure institutional perimeter; or walked away from or broken away from custody while outside the facility.

(30) Removing or escaping from physical restraints (handcuffs, leg irons, etc.) or any confined area within an institution (cell, recreation area, strip cell, vehicle, etc.)

(31) Attempting or planning an escape.

(32) Tampering with locks, or locking devices, window bars; tampering with walls floors or ceilings in an effort to penetrate them.

(33) Possession of escape materials; including keys or lock picking devices (may include maps, tools, ropes, material for concealing identity or making dummies, etc.)

(34) Forging, possessing, or obtaining forged, or falsified documents which purport to effect release or reduction in sentence.

(35) Being out of place.

(36) Possession or manufacture of a weapon, ammunition, explosive or incendiary device.

(37) Procuring, or attempting to procure, a weapon, ammunition, explosive or incendiary device; aiding, soliciting or collaborating with another person to procure a weapon, ammunition, explosive or incendiary device or to introduce or convey a weapon, ammunition, explosive or incendiary device into a correctional facility.

(38) Possession of plans, instructions, or formula for making weapons or any explosive or incendiary device.

(39) Unauthorized possession, manufacture, or consumption of drugs or any intoxicating substance.

(40) Procuring or attempting to procure, unauthorized drugs; aiding, soliciting, or collaborating with another to procure unauthorized drugs or to introduce unauthorized drugs into a correctional facility.

(41) Unauthorized possession of drug paraphernalia.

(42) Misuse of authorized medication.

(43) Refusal to submit urine sample, or otherwise to cooperate with drug testing, or mandatory substance abuse sanctions.

(44) Gambling or possession of gambling paraphernalia.

(45) Dealing, conducting, facilitating, or participating in any transaction, occurring in whole or in part, within an institution, or involving an inmate, staff member or another for which payment of any kind is made, promised, or expected.

(46) Conducting business operations with any person or entity outside the institution, whether or not for profit, without specific permission in writing from the managing officer.

(47) Possession or use of money in the institution.

(48) Stealing or embezzlement of property, obtaining property by fraud or receiving stolen, embezzled, or fraudulently obtained property.

(49) Destruction, alteration, or misuse of property.

(50) Possession of property of another.

(51) Possession of contraband, including any article knowingly possessed which has been altered or for which permission has not been given.

(52) Setting a fire; any unauthorized burning.

(53) Tampering with fire alarms, sprinklers, or other fire suppression equipment.

(54) Unauthorized use of telephone or violation of mail and visiting rules.

(55) Use of telephone or mail to threaten, harass, intimidate, or annoy another.

(56) Use of telephone or mail in furtherance of any criminal activity.

(57) Self-mutilation, including tattooing.

(58) Possession of devices or material used for tattooing.

(59) Any act not otherwise set forth herein, knowingly done which constitutes a threat to the security of the institution, its staff, other inmates, or to the acting inmate.

(60) Attempting to commit; aiding another in the commission of; soliciting another to commit; or entering into an agreement with another to commit any of the above acts.

(61) Any violation of any published institutional rules, regulations or procedures.

(D) No inmate shall be found guilty of a violation of a rule of conduct without some evidence of the commission of an act and the intent to commit the act.

(1) The act must be beyond mere preparation and be sufficiently performed to constitute a substantial risk of its being performed.

(2) "Intent" may be express, or inferred from the facts and circumstances of the case.

(E) Definitions: The following definitions shall be used in the application of these rules.

(1) "Physical harm to persons" means any injury, illness or other physiological impairment, regardless of its gravity or duration.

(2) "Serious physical harm to persons" means any of the following:

(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

(b) Any physical harm that carries a substantial risk of death;

(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;

(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(3) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(4) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(5) "Possession" means either actual or constructive possession and may be inferred from any facts or circumstances that indicate possession, control or ownership of the item, or of the container or area in which the item was found.

(6) "Unauthorized drugs," for the purposes of this rule, refers to any drug not authorized by institutional or departmental policy including any controlled substance, any prescription drug possessed without a valid prescription, or any medications held in excess of possession limits.

(7) "Extortion," as used in these rules, means acting with purpose to obtain any thing of benefit or value, or to compel, coerce, or induce another to violate a rule or commit any unlawful act.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 4-5-76; 10-30-78; 8-18-79; 8-29-83; 6-3-85; 1-14-93; 7-18-97; 7-19-04

5120-9-07 Conduct report and hearing officer procedures.

(A) Scope: This rule governs the procedures for the issuance of a conduct report and procedures to be employed by the hearing officer for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, referring conduct reports to the rules infraction board (RIB,) and the documentation of actions. Nothing in this rule shall preclude department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) Report: Any department employee or contractor, except those performing services under a personal services contract, who has reason to believe that an inmate has violated an inmate rule (or rules) of conduct may set forth such allegation on the form designated for that purpose.

(1) The conduct report shall contain a description of the specific behavior constituting each rule violation, cite the name and number of each applicable rule of conduct, and be signed by the person making the conduct report.

(2) The person issuing the conduct report shall indicate whether he or she wishes to appear before the RIB when the conduct report is heard.

(3) If the inmate's behavior suggests serious mental illness, the person should refer the inmate to institutional mental health staff for a mental health assessment.

(C) Hearing officer designation and qualification. Each warden shall designate staff members as hearing officers. Persons selected to act as hearing officers must have completed rules infraction board (RIB) training. A staff member who issued the conduct report, witnessed or investigated the alleged violation can not serve as hearing officer in relation to that violation.

(D) Initial screening and preliminary procedure. The hearing officer shall evaluate conduct reports for form and content.

(1) The hearing officer shall determine whether the conduct report cites the correct rule, identifies the charged inmate and cites sufficient facts to support the charged violation. The hearing officer is authorized to accept, modify, withdraw or return a conduct report to the person who wrote the conduct report for correction or revision.

(2) The hearing officer shall determine if the inmate named in the conduct report is on the institution's mental health caseload and if so, request a mental health assessment for RIB.

(E) Hearing officer - inmate interview. The hearing officer shall meet with the inmate named on the conduct report as soon as practicable. The hearing officer shall note the date and time of the meeting on the conduct report and provide the inmate with a copy. If the inmate refuses to accept the conduct report, the hearing officer shall note that fact on the report. The hearing officer shall inform the inmate of the rule violation alleged, the behavior constituting the violation, and the right of the inmate to make a statement regarding the violation. The hearing officer may either decide and dispose of the violation or refer the violation to the RIB for hearing.

(F) Hearing officer - deciding and disposing of rule violations. The hearing officer may decide and dispose of violations where the alleged conduct is amenable to the dispositions under this paragraph. In such cases:

(1) The hearing officer shall ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation.

(2) The hearing officer may interview staff, contractors or other inmates regarding the violation.

(3) If the person issuing the conduct report has indicated that he or she wishes to appear at the hearing of the conduct report, the hearing officer shall contact that person before making any determination in the case.

(4) If the inmate waives participation in the hearing or refuses to participate in the hearing, the hearing officer shall make a written record documenting the waiver or refusal. The hearing officer may then either proceed under this paragraph or refer the matter to the RIB.

(5) The hearing officer shall determine whether a violation has occurred, If the hearing officer finds that there are some facts to support the conclusion that the inmate violated a rule, the hearing officer may impose any of the following dispositions:

(a) The hearing officer may refer the inmate for treatment, counseling, or other programming.

(b) The hearing officer may recommend a change in housing or job assignment.

(c) The hearing officer may issue a warning or reprimand.

(d) The hearing officer may recommend to the warden that the inmate be required to make restitution.

(e) The hearing officer may recommend to the warden that contraband be disposed of in a manner consistent with rule 5120-9-55 of the Administrative Code.

(f) The hearing officer may restrict privileges to include a limited privilege housing assignment as set forth in rule 5120-9-09 of the Administrative Code or assign up to four hours of extra work duty for each rule violation.

(G) Recording the hearing officer's decision and disposition of a rule violation. When the hearing officer disposes of a rule violation, the hearing officer shall complete and sign the hearing officer disposition form indicating the name and number of the inmate, the nature of the rule violation or violations, the date and time of the interview, the hearing officer's findings, and any sanction(s) imposed.

(1) Such dispositions shall be recorded in the inmate's file and shall clearly note that the hearing officer made the disposition.

(2) Such dispositions shall not be considered for purposes of classification.

(3) These dispositions shall be submitted to the RIB chair or designee for an administrative review to determine substantial compliance with applicable policies, procedures, and to determine that the disposition was proportionate to the conduct charged.

(4) Upon review, the RIB chair or designee may approve the disposition, modify it, or return it to the hearing officer with instructions to refer the matter to the RIB for formal disposition.

(H) Referral to RIB. The hearing officer may refer a conduct report to the RIB for formal disposition. In such cases, the hearing officer shall ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation. The hearing officer shall then determine whether to recommend staff assistance for the inmate. The hearing officer shall advise the inmate of his or her rights under this rule and the possible consequences of such hearing before the RIB.

(1) Staff assistance: Each institution shall maintain a list of staff members who are eligible to provide staff assistance to inmates. The hearing officer should recommend staff assistance from that list when:

(a) The inmate appears to be functionally illiterate, not fluent in English, or is otherwise unable to respond to the allegations before the RIB due to the inmate's limited mental or physical capacity, or;

(b) The complexity of the issues makes it likely that the inmate will be unable to collect and present the facts necessary to adequately respond to the allegations before the RIB.

(2) The hearing officer shall inform the inmate of the following procedural rights, which the inmate may waive in writing:

(a) Time of hearing. The inmate has the right to a period of time of no less than twenty-four hours after the service of the conduct report before his or her appearance at the RIB.

(b) Presence of charging official. The inmate has the right to have the person who wrote the conduct report present at the RIB hearing.

(c) Witnesses. The inmate may request a reasonable number of witnesses. The inmate's request for a witness shall be in writing on an appropriate witness request form. The request shall include the name of the inmate witness requested, and shall state the nature of the information expected to be provided by the witness. The chairperson of the RIB shall approve or deny any request for inmate witnesses in writing, explaining the basis for the decision on the designated form.

(3) The hearing officer shall inform the inmate that the rule violation might result in the loss of earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (N) of rule 5120-2-06 of the Administrative Code and obtain a written acknowledgement from the inmate that he or she has been so informed.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 4-5-76; 10-30-78; 3-24-80; 1-16-84; 7-18-97; 7-19-04, 4/1/09, 06/01/2012

5120-9-08 Disciplinary procedures for violations of inmate rules of conduct before the rules infraction board.

(A) Scope: This rule governs the procedures employed before the rules infraction board for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, appealing those determinations, and the documenting of those actions. Nothing in this rule shall preclude department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) RIB panel. The rules infraction board (RIB,) shall consist of two staff members, designated by the warden, sitting as a panel. Persons sitting on an RIB panel must have first completed RIB training. The RIB panel has the authority to determine guilt and impose penalties for violations of the inmate rules of conduct. Each panel shall consist of a chairperson, who manages the hearing, and a secretary, who prepares a record of the proceedings. No staff member shall be permitted to sit as an RIB panel member who wrote the report, witnessed the alleged rule violation, or participated in the investigation of the alleged rule violation. A staff member assigned to an RIB panel shall disqualify himself or herself from the panel if such a personal interest exists.

(C) Time of hearing, preliminary matters. The RIB hearing shall be held as soon as practicable after the inmate has been interviewed by the hearing officer. As a preliminary matter, the RIB chairperson shall determine if the twenty-four hour notice period has elapsed. If the required time has not passed, and the inmate has not waived the time period, the chairperson must postpone the hearing. Prior to the hearing, the RIB chairperson shall:

(1) Determine whether any previously requested mental health assessments have been completed,

(2) Determine whether the person who issued the conduct report has indicated a desire to appear at the hearing,

(3) Make preliminary rulings on any witness requests, and arrange for the presence of witnesses,

(4) Insure staff assistance as appropriate,

(5) Insure all necessary forms are available and that electronic recording equipment is in working order.

(D) Hearing to be recorded: With the exception of deliberations concerning guilt or the imposition of penalties, the proceedings shall be recorded on tape or other suitable electronic means. The recording of the proceedings shall commence upon the inmate's appearance before the RIB panel. In addition to the electronic record, the record of the proceedings shall also include any document presented to the RIB, any written requests, waivers and statement summaries.

(E) Commencing the hearing. The RIB chairperson shall first identify the panel members and then ask the inmate to identify himself or herself on the record.

(1) The RIB chairperson shall advise the inmate of the rule violation(s) and the nature of the behavior described in the conduct report.

(2) Plea. The RIB chairperson shall then ask the inmate to admit or deny the rule violation(s.)

(a) If the inmate admits the rule violation, the chairperson shall question the inmate regarding the voluntariness of the plea, the factual basis for the plea, and the inmate's understanding of the plea.

(b) The chairperson shall accept the plea unless the chairperson finds that the facts do not support the plea, or that the inmate's version of the facts do not support the plea, or that the inmate does not understand the nature of the plea, the violation, or the proceedings. In this event the chairperson shall enter a plea of denial on behalf of the inmate.

(c) If the chairperson accepts the inmate's plea of admission, the RIB panel may then make a determination of guilt and proceed with disposition of the violation.

(d) If a violation is denied, the RIB panel shall provide the inmate an opportunity to make a statement regarding the alleged violation.

(3) The RIB chairperson shall review the inmate's request for witnesses and advise the inmate of any preliminary determinations made regarding the requested witnesses. The RIB chairperson may deny a witness request based on relevancy, redundancy, unavailability, or security reasons. The RIB chairperson may modify a preliminary ruling after discussion with the inmate. The RIB chairperson may deny a request for a witness if a witness request form has not been completed.

(4) The RIB chairperson shall postpone the hearing if the chairperson believes that the inmate is demonstrating behavior indicative of serious mental illness and shall refer the inmate to the institutional mental health staff for a mental health assessment. The RIB hearing shall only be rescheduled in accordance with the recommendation of mental health staff.

(F) RIB hearing, witnesses. If a violation is denied, the RIB panel may hear testimony from witnesses in addition to any statement the charged inmate may make.

(1) Witnesses (inmates and staff members) shall be advised that they are subject to appropriate discipline for presentation of false testimony.

(2) The inmate charged with the rule violation may not address or examine a witness, but may ask the RIB chairperson to pose questions to the witness.

(3) The inmate, or representative number of inmates who made the accusation should, if security considerations permit, appear before the RIB and be examined for the record.

(4) The charged inmate may, in the discretion of the RIB, be excluded from the examination when confrontation between the inmates may create a risk of disturbance or risk of harm to the witness.

(5) The charging official shall appear if requested by the inmate, if the RIB has questions for the official, or if the charging official requests to appear and speak at the hearing.

(6) The RIB panel may ask questions of the witnesses or call additional witnesses as necessary. Witnesses may appear in person, by telephone, or other electronic means. The RIB panel may take testimony or receive evidence in any form or manner it deems appropriate.

(G) Confidential information. If the RIB panel uses information from a confidential source in its determination, the panel shall evaluate the credibility of the confidential source prior to reaching a decision on the rule violation. The RIB shall also determine whether the statement is confidential in its entirety or if any of the information can be disclosed to the inmate charged with the violation without disclosing the identity or jeopardizing the safety of the confidential source. The inmate charged with the offense shall not be present when the RIB considers and evaluates the confidential information. The panel shall record its evaluation on the appropriate form.

(H) The RIB members shall evaluate the credibility of witnesses and the probative value of other evidence presented to the RIB. The RIB shall assess the credibility of a witness, whether confidential or otherwise, the basis of common sense and a realistic assessment of the circumstances. In making these assessments the RIB may consider variety of factors including, but not limited to:

(1) The appearance and demeanor of the witness,

(2) The witness's disciplinary or criminal history,

(3) Whether it is against the witness's own interests to make the statement,

(4) Whether or not the witness has any ulterior motive in making the statement,

(5) Whether other evidence corroborates the statement,

(6) Whether the witness could have observed what is claimed,

(7) Whether the witness has previously provided reliable evidence,

(8) Whether the witness has a record or reputation for lying or honesty,

(9) Whether the witness's statements are consistent,

(10) The amount of detail provided,

(11) The willingness of the witness to appear and answer the questions of the rules infraction board,

(12) The professional experience and judgment of the staff member evaluating the witness.

(I) Amendment to conform to the evidence: An RIB panel may at any time prior to or during an RIB hearing, change the designation of the rule or rules alleged to have been violated based on the conduct report, or testimony or evidence presented at the RIB hearing. The inmate shall be given timely notice of such a change. Such a change shall be made part of the record of the hearing and noted in the RIB panel's disposition. If the change is made during the RIB hearing, the inmate may request a reasonable continuance. If the continuance is granted, the RIB hearing may recommence from the point of the continuance.

(J) After taking testimony and receiving evidence, the RIB panel shall vote and determine whether, based on the evidence presented, they believe that a rule violation occurred, the inmate committed that violation, and if so, what disposition to impose. The RIB panel may consider all information presented in reaching its determination.

(1) No inmate shall be found to have violated a rule based solely on his or her past conduct.

(2) Past conduct may be considered when determining issues such as credibility and intent; or in considering suitable penalties.

(K) Both panel members must concur in a finding of guilt in order to find an inmate guilty of a rule violation and to impose a disposition. In the event there are conflicting guilty and not guilty votes, the tie shall be broken by a staff member designated by the warden, who shall cast the deciding third vote. The warden's designee shall vote only after reviewing the oral and written record of the hearing.

The warden's designee who casts a deciding vote in an RIB proceeding shall not be the same designee performing the administrative review and appeal review functions described in paragraphs (N) and (O) of this rule.

(L) Determination and disposition. The RIB panel shall consider any recommendations made by mental health staff in determining a disposition for inmates who have been identified as seriously mentally ill. If a finding of guilt is made for a rule violation by the RIB panel, and subject to the warden's approval, the RIB panel may impose the following penalties:

(1) Placement of the inmate in disciplinary control: An RIB panel may impose up to fifteen days in disciplinary control for a single violation or series of violations arising out of a single event. An RIB panel may impose consecutive penalties of up to fifteen days for two or more unrelated violations, not to exceed a total of thirty days. An RIB panel may impose an additional fifteen days in disciplinary control if the panel determines that an inmate violated a rule while placed in disciplinary control. No combination of offenses shall require an inmate to continuously serve more than thirty days in disciplinary control.

(2) Recommend that the inmate be referred to the local control committee for possible placement in local control.

(3) Recommend that the inmate receive a security review and/or transfer to another institution.

(4) Order the disposition of contraband in accordance with rule 5120-9-55 of the Administrative Code.

(5) Recommend to the managing officer that the inmate be required to make reasonable restitution, or that his earnings be reduced pursuant to rule 5120-3-08 of the Administrative Code.

(6) Order that the inmate lose earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (N) of rule rule 5120-2-06 of the Administrative Code.

(7) Order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the warden for the safety and security of the institution, or the well-being of the inmate. Such restrictions shall continue only as long as it is reasonably necessary.

(8) Order such actions as deemed appropriate, including assignment of extra work, and any dispositions available to the hearing officer.

(9) The RIB may conditionally suspend the imposition of any penalty cited above, on the condition that the inmate have no further rule violations for a period of six months from the date of the RIB disposition. If the inmate has no further violations during the six-month period, the penalty shall be treated as a reprimand. If the inmate violates the condition and is found guilty of a rule violation, the suspended penalty shall be imposed in addition to any penalty for the new violation, subject to paragraph (L)(1) of this rule.

(M) Documentation of disposition: Upon completing its deliberations, the RIB shall orally inform the inmate of its decision and disposition, as part of the electronic record. The RIB secretary shall complete a disposition form, which shall contain the determination made by the panel regarding each rule violation, the factual basis of the determination, names of witnesses, and any disposition imposed.

(1) The form shall also include whether the panel relied on confidential information in reaching its determination and the panel's evaluation of the informant's credibility. The form shall not contain the name of any confidential informant or the nature of the confidential information.

(2) The form shall also include notice that the inmate may appeal the RIB panel's decision to the warden, and the procedure for such an appeal.

(3) The completed disposition form shall be furnished to the inmate no later than three business days after the RIB panel reaches its decision.

(4) The imposition of any penalty imposed by the RIB panel shall not be stayed pending an appeal.

(5) The person issuing the conduct report shall be permitted to review the completed RIB disposition but shall not be involved in the deliberations of the RIB.

(6) For informational purposes a bound summary or log of the RIB dispositions and activity for the week shall be available for review by staff members and maintained in a location convenient for that purpose.

(N) Administrative review. The warden or designee shall review RIB panel decisions to assure compliance with the procedures, rights and obligations set forth in this rule. The warden or designee may approve, modify or reject a panel's determination of guilt. The warden or designee may not reject a determination of not guilty, but may refer such a case back to the RIB panel for reconsideration if relevant information was overlooked or new information becomes available. The warden or designee may approve the penalty, or modify the penalty imposed from among the penalties available to the RIB panel. The warden or designee may also refer a case back to the RIB panel for reconsideration when procedural errors have occurred within the case. The warden or designee shall provide the inmate with written notification of the review findings.

(O) Appeal of RIB decision. An inmate may appeal the decision of the RIB panel by submitting the form designated for that purpose to the warden or designee within fifteen calendar days from the inmate's receipt of the RIB panel's disposition. The warden or designee shall review the RIB determination to determine whether it was supported by sufficient evidence, that there was substantial compliance with applicable procedures, and that the disposition and any sanction imposed was proportionate to the rule violation.

(1) The appeal shall state the inmate's allegations of procedural error and/or objections to the RIB panel's, determination of guilt or penalty imposed.

(2) The warden or designee may affirm or reverse the RIB panel's determination of guilt; and, may approve, or modify the penalty imposed from among the penalties available to the RIB panel. The warden or designee may also return the matter to the RIB panel for reconsideration or rehearing to address procedural errors that may have occurred within the case or to consider additional evidence.

(3) The warden or designee shall decide the appeal within thirty days of its receipt, and shall promptly notify the inmate of the appeal decision on a form designed for that purpose. The form shall also include notice that the inmate may request a review of the warden's decision by the director, and the procedure for such a request.

(P) Request for review by the director. The inmate may request a review by the director of the RIB decision as affirmed or modified by the warden under paragraph (N) of this rule in the following circumstances:

(1) The inmate was found to have violated one of the following rules: rules 1-6, 8, 10-12, 15-17, 24, 25, 28-34, 36-40, 45, 46, 52, 53, 55, 56, 59 or;

(2) The RIB decision as affirmed by the warden refers the inmate for either a security level review to consider an increase to level 3, 4 or 5; or privilege level review to consider placement in level 4B or 5B, or;

(3) The decision refers the inmate to the local control committee to consider placement.

(Q) Procedure and scope of review. The following procedure shall be followed in cases reviewed by the director:

(1) If, on appeal, the warden or designee affirms an RIB decision described in paragraph (O)(1), (O)(2) or (O)(3) of this rule, the decision shall be served on the inmate as described in paragraph (N) of this rule. The inmate shall acknowledge receipt and indicate whether further review by the director is requested. One copy of this form shall be returned to the warden

(2) Upon receipt of the request for review, the warden shall promptly forward to the director or designee a complete copy of the records of the RIB proceeding, including any confidential statements, or other documents presented to the RIB, the inmate's appeal to the warden and the warden's decision on appeal.

(3) The director or designee may review any additional records or information deemed appropriate.

(4) The scope of this review is to determine whether there was substantial compliance with all applicable rules, policies and procedures related to the disciplinary decision; that there was sufficient evidence to support the decision in question, and that the sanction imposed was proportionate to the rule violation.

(5) The director or designee may affirm, reverse or modify the decision. The director may also return the matter to the institution for rehearing or such other actions as may be necessary to correct any defects in the original proceedings.

(6) The decision resulting from this review will be sent to the warden of the institution and the inmate in written form, within thirty days of receiving all the records unless there is good cause for delay.

(R) Discretionary review: The director or the director's designee may review any RIB decision that, in the view of the director or designee, presents issues that may have significant impact on the operation of the department.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 4/5/76, 10/30/78, 3/24/80, 1/16/84, 7/18/97, 7/19/04, 4/26/09

5120-9-09 Limited privilege housing assignments.

(A) An inmate may be placed in and/or transferred to a limited privilege housing assignment:

(1) When the inmate has been found guilty through the processes set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code of a violation of paragraph (C)(23) of rule 5120-9-06 of the Administrative Code for refusal to accept an assignment or classification action;

(2) When the inmate has been found guilty through the processes set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code for any other violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code; or,

(3) When the inmate is being released from local control pursuant to rule 5120-9-13.1 of the Administrative Code following an increase in security level due to a participation in a violent group disturbance or the commission of an act of violence against a staff member(s) or another inmate(s).

(B) An inmate may be placed in a limited privilege housing assignment for the following periods:

(1) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(1) of this rule, the inmate shall be placed for an initial time period of thirty days. Not later than the expiration of that thirty day period, a status review shall be conducted with the inmate to determine whether the inmate will accept a general population housing assignment. If the inmate will not accept a general population housing assignment, a conduct report may again be issued for a violation of paragraph (C)(23) of rule 5120-9-06 of the Administrative Code. The conduct report shall be heard and disposed of pursuant to the processes set forth in rule 5120-9-07 of the Administrative Code. In the event an inmate is found guilty, the hearing officer may assign the inmate to a limited privilege housing assignment for an additional thirty days. The procedures of this paragraph may be repeated every thirty days up to one hundred and eighty days. If the inmate refuses to accept a general population housing assignment at one hundred and eighty days, a conduct report shall be written, and the case shall be referred to the rules infraction board (RIB) as described in paragraph (B)(2) below. Nothing in this paragraph prevents an inmate from accepting a general population housing assignment at any time after his/her initial thirty day placement in a limited privilege housing assignment.

(2) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(1) of this rule, the RIB shall hear all conduct reports written for that inmate at one hundred and eight day intervals, at which time one or more of the following may occur:

(a) The inmate may be referred by the RIB to the institutional classification committee to determine whether an increase in security level is warranted;

(b) The inmate may be referred by the RIB to the protective control committee to determine whether protective status is warranted; or,

(c) The RIB may assign the inmate to a limited privilege housing assignment for an additional time period up to thirty days. Not later than the termination of that thirty day period, status reviews shall be conducted every thirty days as set forth in paragraph (B)(1) of this rule up to one hundred and eighty days, at which time the processes in paragraph (B)(2) shall be repeated. This process may be repeated until such time that the inmate agrees to return to general population. Nothing in this paragraph prevents an inmate from accepting a general population housing assignment at any time after his/her initial thirty day placement in a limited privilege housing assignment.

(3) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(2) of this rule, the inmate may be placed for a time period of thirty days by the hearing officer and up to ninety days at the discretion of the RIB. In the event the inmate is found guilty by the RIB of additional misconduct while placed in a limited privilege housing assignment under paragraph (A)(2) of this rule, the RIB may:

(a) Impose an additional thirty to ninety day placement in a limited privilege housing assignment at its discretion; or

(b) Place the inmate in disciplinary control and/or recommend assessment for local control placement. During the time the inmate is placed in disciplinary control and/or local control, the placement period in a limited privilege housing assignment shall be suspended. The remaining assigned time for a limited privilege housing assignment shall be served by the inmate upon release from disciplinary control or local control.

(4) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(3) of this rule, the inmate shall be retained in this status for ninety days. After ninety days, the inmate shall be reviewed by the institutional classification committee to determine if he or she should be reassigned or continued for a period from thirty to ninety days. The director, the director's designee or the managing officer may require that the inmate complete required programming and remain free of additional misconduct during the placement in a limited privilege housing assignment to become eligible for reassignment. In the event the inmate is found guilty by the RIB of additional misconduct while placed in a limited privilege housing assignment under paragraph (A)(3) of this rule, the RIB may place the inmate in disciplinary control and/or recommend assessment for local control placement. During the time the inmate is placed in disciplinary control and/or local control, the placement period in a limited privilege housing assignment shall be suspended. Following release from disciplinary control or local control, the inmate shall be returned to a limited privilege housing assignment to complete the remaining assigned time in that status and any required programming.

(5) Nothing in this rule shall be construed to prohibit the managing officer from referring an inmate to the institutional reclassification committee at any time. Inmates may not reduce in classification while placed in limited privilege housing assignments.

(C) Inmates placed in a limited privilege housing assignment shall receive, at a minimum, the following privileges:

(1) Personal hygiene articles including, at a minimum, one ADA (American Dental Association) approved toothbrush, ADA approved toothpaste, ADA approved dental floss, and soap, unless there is imminent danger that the inmate or any other inmate will destroy an item or induce self-injury. Personally owned deodorant, shampoo, soap, toothpaste, floss, and hairbrush/comb shall be permitted.

(2) Stationery supplies including a reasonable amount of ink pens and pencils, legal pads/paper, twenty-five personally owned envelopes, one legal kit, one address book, a reasonable amount of greeting cards, and one personally owned deck of playing cards.

(3) Mail and kite privileges on the same basis as inmates in general population.

(4) A reasonable amount of personally owned soft cover books, religious books, personally owned law books/materials, one current newspaper and magazine by subscription only.

(5) Access to legal materials and services.

(6) Access to medical and/or mental health services, including prescribed medications and medically necessary appliances and supplies.

(7) Adequate food. At the discretion of the managing officer or designee, meals may be served in the unit or in the inmate dining hall. Meals shall be the same as those served to the general population.

(8) Cell furnishings to include toilet, wash basin, hot and cold running water, bunk, mattress, sheets, and blanket (depending on weather conditions).

(9) A minimum of three hours of out of cell time per day, no less than seven days per week, which shall include the opportunity for a minimum of one hour of exercise per day outside of the housing unit at indoor and/or outside recreation as facility design, security, and safety considerations permit.

(10) The opportunity to shower and shave no less then seven times per week.

(11) Access to current administrative rules, also known as "ARs," 5120-9 series and access to authorized departmental policies.

(D) Restrictions on personal privileges may be ordered through the disciplinary processes set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer or designee for the safety or security of the institution or the well-being of the inmate. Such restrictions shall continue only as long as is reasonably necessary. In no event shall access to kite, medical, mental health, or legal services be denied.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 7/1/11

5120-9-10 Felonious conduct. [Rescinded].

Rescinded eff 5-15-04

5120-9-11 Security control and disciplinary control.

(A) An inmate may be placed in security control:

(1) When needed to facilitate an investigation prior to the issuance of a conduct report or other administrative action, criminal prosecution; and/or,

(2) Pending a hearing before the rules infraction board (RIB);

(a) When the inmate poses a threat or danger to himself or others, to institutional property, or to the security of the institution; and/or,

(b) When the inmate poses a threat of disruption to the orderly operation of the institution.

(3) Pending transfer to another institution;

(a) When the inmate poses a threat or danger to himself or others, to institutional property, or to the security of the institution; and/or,

(b) When the inmate poses a threat of disruption to the orderly operation of the institution.

(c) The inmate's security level is incompatible with the security level of the general population.

(4) As a temporary housing assignment for inmates to facilitate an inmate's appearance in judicial or administrative proceedings.

(B) The responsible managing officer, or designee, must approve the placement of an inmate in security control. This approval shall be written, and shall summarize the reasons for placement in security control. The responsible deputy warden shall forward a copy of this approval to the managing officer.

(C) An inmate may be held in security control pursuant to an investigation for the following periods:

(1) The responsible deputy warden may authorize an inmate to be held in security control pursuant to an investigation for up to seven days.

(2) If the investigation has not concluded at the end of the initial seven day period, the warden managing officer may authorize that the inmate be held in security control for an additional seven days. This authorization shall be in writing with a copy sent to the appropriate regional director.

(3) If the investigation is not completed within this fourteen day period, the managing officer may request that the regional director approve retaining the inmate in security control for an additional seven days.

(4) After twenty-one days, upon the managing officer's request, the director or director's designee may authorize holding an inmate in security control for investigative purposes until the completion of the investigation when,

(a) The matter under investigation involves the commission or possible commission of a felony,

(b) The investigation cannot be completed within twenty-one days, and,

(c) Releasing the inmate to general population would jeopardize the safety of the inmate or any other individual, the successful completion of the investigation, or the security of the institution.

The decision of the director or the director's designee shall be in writing and shall state the anticipated duration of the extension and the reason therefore. The extension may be renewed so long as the conditions described in this rule continue to exist.

(D) The hearing of the rule infraction shall be held within three business days of the issuance of the conduct report unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. However, the hearing shall be held no longer than seven business days following the issuance of the conduct report. Unless waived, the inmate shall be afforded twenty-four hours notice prior to the hearing pursuant to rule 5120-9-08 of the Administrative Code.

(E) Disciplinary control: An inmate who has been found guilty of a rule violation by the RIB, pursuant to rule 5120-9-08 of the Administrative Code, may be placed in disciplinary control. An RIB panel may impose up to fifteen days in disciplinary control for a single violation or series of violations arising out of a single event. An RIB panel may impose consecutive penalties of up to fifteen days for two or more unrelated violations, not to exceed a total of thirty days. An RIB panel may impose an additional fifteen days in disciplinary control if the panel determines that an inmate violated a rule while placed in disciplinary control. No combination of offenses shall require an inmate to continuously serve more than thirty days in disciplinary control

(F) Inmates placed in either security control or disciplinary control shall receive the following cell privileges:

(1) Access to legal material and services;

(2) Mail and kite privileges;

(3) Opportunity for recreation exercise, outside of the cell, no less than one hour per day, five days per week;

(4) Opportunity to shower and shave no less than five times per week;

(5) Personal hygiene articles, including, at minimum, a toothbrush, toothpaste, deodorant and soap;

(6) Cell furnishings to include a toilet, wash basin, running water, bunk, mattress, pillow, and sheets and blankets adequate for current weather conditions;

(7) Adequate state-issued clothing and apparel;

(8) Personal shower shoes;

(9) Adequate light for reading;

(10) Access to medical services and/or mental health services as needed;

(11) Adequate food;

(12) Access to administrative rules in Chapter 5120-9 of the Administrative Code;

(13) Access to approved department policies;

(14) Visits by authorized department staff;

(15) Access to cleaning articles for cell sanitation, as approved by the managing officer or designee.

(G) Abuse of cell privileges may be dealt with summarily by the staff member on duty in the disciplinary control or security control area (except that in no event shall access to kite, medical, mental health, or legal services be denied). This action shall then be reported by such staff member to his superior for review and approval. This action shall also be reported in writing to the responsible deputy warden. The responsible deputy warden shall forward to the managing officer a weekly list of those inmates in disciplinary control who have had cell privileges denied, the length of time denied, and the reasons therefore.

(H) The RIB may order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer for the safety or security of the institution, or the well-being of the inmate. In no event shall access to kite, medical, mental health, or legal services be denied. Such restrictions shall continue only as long as is reasonably necessary

(I) Any denial of cell privileges shall be reported in writing to the responsible deputy warden, who shall be responsible for submitting a weekly report to the managing officer of those inmates who have been denied cell privileges, the specific privileges denied, length of time the privilege was denied, and reasons therefore.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05
Prior Effective Dates: 4/5/76, 10/30/78, 11/9/81, 7/19/04

5120-9-11.1 Lockdown.

(A) The managing officer of a correctional institution may designate all or a portion of an institution to be placed in lockdown status. Such status shall expire after twenty-four hours unless approved and extended by the director or designee.

(B) Lockdown status may be created whenever normal institutional operations are interrupted by exigent circumstances.

(C) The level of services provided to inmates in lockdown status shall be established by the director or designee, in consultation with the managing officer, according to the nature of the circumstances.

(D) If lockdown status is extended then it shall continue until the director or designee, in consultation with the managing officer, determines either another status is appropriate or the exigent circumstances are concluded.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.42
Prior Effective Dates: 2/19/96

5120-9-12 Inmates sentenced to death.

(A) All inmates sentenced to death under Ohio law shall be confined in one or more institutions designated by the director of the department of rehabilitation and correction. Such inmates may be assigned to an area of the institution to be designated by the managing officer, which area shall be known as "death row."

(B) Absent significant extenuating circumstances, no inmate shall be assigned to or housed in death row unless that inmate has been sentenced to death. If any inmate is assigned to or housed in death row that has not been sentenced to death, the respective regional director shall be notified and his or her approval is required.

(C) The director or his designee may assign or reassign an inmate who has been sentenced to death to a security classification or special management status other than that which is normally used for such inmates, based on the security or medical and mental health requirements for the inmate. The inmate so assigned shall receive the privileges and programming that are appropriate for the other security or management status, notwithstanding paragraph (D) of this rule.

(D) Inmates who are sentenced to death and who have not been reassigned to some other status shall receive cell privileges which at a minimum, shall include:

(1) Personal hygiene articles;

(2) Mail and kite privileges;

(3) Access to legal materials and services, including legal kit;

(4) Access to cleaning articles for cell sanitation as approved by the warden or his designee;

(5) Visits by department staff;

(6) Adequate food;

(7) Access to current rules of the ohio administrative code, also known as "ARs," 5120-9 series;

(8) Cell furnishings to include toilet, wash basin, running water, mattress, sheets, blanket (depending on weather conditions);

(9) Access to medical services as required by their medical condition;

(10) Regular assessment of their mental health condition by the bureau of behaviorial health services and access to such services as required by their mental health condition;

(11) Institution coveralls or clothing, underwear, and footwear;

(12) Adequate lighting for reading;

(13) Five hours of recreation per week;

(14) Opportunity to shower and shave five times per week;

(15) One non-contact visit per visitor, per month; and

(16) Limited commissary purchases.

Abuse of any privileges may lead to their restriction or denial by the manager of the death row unit or major of the institution. When an inmate is deprived of any authorized item or activity, a report of action is filed in the appropriate inmate's file and forwarded to the security chief, the deputy warden of operations and the managing officer.

(E) Any death row inmate leaving or entering death row shall be thoroughly searched, and shall be escorted to and from his destination.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2949.21 , 5120.03 , 5120.16
Prior Effective Dates: 6/23/73, 10/13/78, 11/9/81, 9/4/84, 1/1/02

5120-9-13 Administrative control. [Rescinded].

Rescinded eff 5-15-04

5120-9-13.1 Local control.

(A) Each institution required to do so by the director shall establish an area of such institution to be designated a local control unit.

(B) An inmate may be placed into local control if the warden determines after a hearing that:

(1) The inmate has demonstrated a chronic inability to adjust to the general population, or

(2) The inmate's presence in the general population is likely to seriously disrupt the orderly operation of the institution.

(C) The hearing shall be conducted by a hearing officer appointed by the managing officer. The hearing officer may not be a member of the rules infraction board who has heard any related conduct reports. The following procedure shall apply:

(1) The hearing may be initiated upon the recommendation of the rules infraction board, or the managing officer.

(2) At least forty-eight hours before the hearing, unless waived by the inmate, the inmate will receive written notice advising him of the purpose of the hearing and his right to be heard concerning the proposed placement.

(3) The purpose of the hearing is to gather information, conclude whether or not the criteria specified in paragraph (B) of this rule has been met, and make a recommendation to the managing officer.

(4) After considering all relevant information, including any statement made by the inmate, the hearing officer shall forward to the managing officer a conclusion and recommendation. The hearing officer's report shall include a summary of the inmate's statement and the basis of any conclusion. If the hearing officer concludes that the inmate meets the criteria for local control placement, the hearing officer shall state which of the two criteria under paragraph (B) of this rule was found.

(D) The managing officer or designee shall review the report of the hearing officer, and after considering the conclusions of the hearing officer, and any information provided by the inmate, conclude whether the inmate meets either of the criteria specified in paragraph (B) of this rule and whether or not the inmate should be placed into local control.

(E) The report of the hearing officer including the conclusion and recommendations are advisory only. The managing officer is not required to place an inmate in local control nor precluded from placing an inmate in local control because of any conclusion or recommendation of the hearing officer.

(F) Within forty-eight hours of making the decision whether to place the inmate in local control, the managing officer will cause the inmate to receive a written notice of his decision. This notice will include:

(1) Which criteria under paragraph (B) of this rule he has found to exist; and

(2) What action or actions of the inmate or what other specific factors caused him to reach his conclusion.

(G) Inmates placed in local control may appeal that placement to the director or his designee within fifteen calendar days of receipt of the managing officer's written decision. The appeal shall be on a form designed for that purpose. The director or designee will review the placement to verify that the procedures required in this rule have been provided and that there is some evidence that the placement is consistent with the criteria in paragraph (B)(1) or (B)(2) of this rule. Written notice of the decision will be sent to the inmate.

(H) Placement in local control shall be for an indefinite period, but shall not exceed one hundred eighty days unless the prior written approval of the director or his designee has been obtained. Where an inmate has remained in local control for one hundred eighty days, the managing officer or designee may recommend a security level status change or an institutional transfer if he decides that the inmate should not be returned to general population.

(I) The status of every inmate in local control shall be reviewed monthly by the managing officer. The managing officer may designate any or all of the review responsibilities to an individual, subject to the managing officer's approval of the final recommendation. Such review process shall include an interview of the inmate by a person designated by the managing officer, unless the inmate waives the interview. The managing officer shall decide whether to:

(1) Continue the local control placement;

(2) Release the inmate to the general population; or

(3) Recommend a security supervision review and/or an institutional transfer, which would result in a release from local control following transfer.

(J) The managing officer shall consider all of the following when reviewing an inmate's status in local control:

(1) The seriousness of the activity which caused the initial placement;

(2) The inmate's conduct following the placement; and

(3) The inmate's demonstrated attitude.

If the inmate is continued in local control upon any review of his status, the reasons for such continuance shall be recorded in his file. Anytime during a thirty day interval the managing officer may release the inmate based upon just cause.

(K) Privileges for inmates in local control shall be the same as for inmates in disciplinary or security control pursuant to rule 5120-9-11 of the Administrative Code.

(L) Inmates entering or leaving the local control unit shall be thoroughly searched.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.16
Rule Amplifies: 5120.16
Prior Effective Dates: 9/4/84, 3/11/91, 6/15/98, 05/15/2004, 4/1/09

5120-9-14 Protective control.

(A) The director or designee shall designate one or more institutions to maintain housing areas designated as protective control. These protective control areas shall be used to house inmates that, due to personal physical safety concerns, need to be separated from the general inmate population.

(B) Either the inmate or a staff member may initiate protective control consideration. Such request or referral shall be investigated and heard by a protective control committee, which shall consist of two members appointed by the warden. One member of the committee shall be designated chairman. No member of the protective control committee shall have been a member of a rules infraction board who heard any related conduct reports.

(C) An inmate requesting or referred for protective control consideration may be held in security control pending the protective control investigation and hearing. A protective control hearing shall be held within seventy-two hours of the protective control request or referral, unless additional investigation is necessary and approved by the warden. In such cases the inmate shall be promptly notified of the delay.

(D) The inmate shall be notified no less than forty-eight hours in advance of the protective control hearing, unless such notice has been waived. At the hearing the inmate shall be permitted to state his position concerning the proposed placement. The committee shall evaluate the inmate's need for protection from another inmate(s) based upon the inmate's statement, and all other relevant documentation and information available to it. The committee can recommend to the managing officer:

(1) Protective control placement,

(2) Housing unit separation,

(3) Institutional transfer or,

(4) Any other appropriate placement or administrative action.

(E) Both panel members must concur in the recommendation. In the event there are conflicting recommendations, the tie shall be broken by a staff member designated by the managing officer, who shall cast the deciding third vote. The managing officer's designee shall vote only after reviewing the complete statement from the inmate and other available documentation to include, but not limited to, the investigation report.

(F) The committee shall promptly communicate its recommendation to the inmate and advise the inmate of his right to file objections to the committee's recommendation to the managing officer. the committee shall forward its written recommendation to the managing officer, including their reasons for such a decision.

(G) The managing officer shall consider the committee's recommendation and any other relevant information available. The managing officer's decision shall be communicated in writing to the inmate. If the managing officer has decided to recommend protective control placement and the inmate objects, the inmate may file objections to the bureau of classification.

(H) If the managing officer recommends placement in protective control, the managing officer shall forward this recommendation, together with the protective control committee's recommendation and any additional relevant documentation to the bureau of classification. The bureau of classification shall consider the recommendations, documentation and inmate's objections, if any, along with any additional information available to them. The bureau of classification shall then decide whether or not to place the inmate in protective control. The bureau of classification shall notify the inmate in writing of its decision and response to any objections. Any institutional transfer which is necessary to implement the placement in protective control shall be accomplished consistent with rule 5120-9-21 of the Administrative Code.

(I) To the extent the safety, security and orderly management of inmates confined in protective control can be maintained, such inmates shall be provided privileges and programming consistent with privileges and programming provided to general population inmates. Abuse of cell privileges shall be addressed in accordance with paragraph (H) of rule 5120-9-11 of the Administrative Code.

(J) The status of every inmate placed in protective control shall be reviewed by the reclassification committee every ninety days. The reclassification committee may recommend continuation in protective control, release to the general inmate population, or any other option provided in paragraph (D) of this rule. Every six months the managing officer or designee shall interview the inmate and determine if continued placement in protective control is necessary. The reclassification committee is not required to review the inmate's placement when an interview by the managing officer or designee is scheduled. If it is determined that continued placement in protective control is unnecessary the managing officer shall forward the recommendation, along with other relevant documentation to the bureau of classification. The bureau of classification shall make the final determination and effectuate any necessary institutional transfer.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.16
Prior Effective Dates: 1/20/73, 10/13/78, 9/9/81, 4/21/89, 1/8/91, 05/15/2004, 4/1/09

5120-9-15 General visiting.

(A) Each institution shall compile and maintain an approved visitors list for each inmate.

(B) In general, visits by the inmate's immediate family: spouse, children, step-children, parents, step-parents, siblings, step- or half-siblings, grandparents, great-grandparents, grandchildren, current son-, daughter-, sister-, brother-, motherand father-in law, aunts and uncles of the inmate shall be permitted. Adoptive and/or foster parents may be considered within this definition when it has been verified that the inmate was raised by this individual as a result of remarriage, death, desertion or absence of a parent. Such family members may be denied visiting privileges pursuant to the reasons listed in paragraph (C) of this rule. Friends may be placed on the approved visitor list. All visitors must complete application procedures as required by the department. No institution shall deviate from this paragraph without written authorization from the director.

(C) Applications for visitation may be denied for reasons including but not limited to the following:

(1) The applicant's presence in the institution could reasonably pose a threat to the institution's security, or disrupt the orderly operations of the institution, or

(2) The applicant has a past record of disruptive conduct, or

(3) The applicant was a co-defendant in any case the inmate is serving a criminal sentence for, or

(4) The applicant will not have a positive effect on the inmate's attitude, behavior, or overall adjustment.

(5) The applicant is under the supervision of a correctional authority and does not have the written permission of both the warden and the applicant's supervising authority, or

(6) The applicant has a prior felony conviction, or

(7) The applicant is a current or past department employee, volunteer, or independent contractor and has not received written authorization from the warden, or

(8) The applicant was a victim of the inmate's crime either under the current incarceration or any other previous incarceration(s) and does not have written authorization from the warden, or

(9) The applicant submitted false or incomplete information on their application, or

(D) Family members with prior felony criminal convictions may apply for visiting privileges. A family member or applicant who is under the supervision of the adult parole authority must have written permission from their parole or probation officer and approval from the warden in order to visit.

(E) An inmate may request that a certain person be placed on, or deleted from, his or her approved visiting list. The request must be in writing, addressed to the warden or designee, and contain the visitor's name, address and relation to the inmate, and reason for the request. The decision on the request and the reasons for any denial thereof, shall be communicated to the inmate in writing.

(F) Inmates may request that an individual be granted a special visit . The visit may be granted by the warden or designee. The request must be in writing, addressed to the warden or designee, and contain the desired visitor's name, address, relation to the inmate, and reason that a special visit is being requested. The decision on the request, and the reasons for any denial thereof, shall be communicated to the inmate in writing.

(G) Tentatively approved visitors shall be interviewed prior to their first visit with the inmate by a person designated by the warden or designee for the purpose of verifying identification. During this interview, the visitor shall be apprised of institutional regulations, particularly state law concerning the introduction of unlawful contraband into a correctional institution. Only after completing this interview may a person be placed on an inmate's approved visiting list.

(H) Approved visitors may be excluded from visiting when they act in violation of established visiting rules, and/or there is a reason to believe that their presence would pose a security risk, or be disruptive to the institution or to the inmate's adjustment. Such exclusions may range from denial of visiting for that day, termination of a current visit, suspension of visiting privileges for a specified period of time or an indefinite period of time. Any denial or termination of a visit must be approved by the warden or designee. Only the warden can suspend further visits. In these cases the warden shall provide written notice to the inmate and the suspended visitor. Suspended visitors shall be afforded the opportunity to present their views concerning such suspension. Suspended visitors may be required to reapply to the warden for a reinstatement of the visiting privileges.

(I) Each institution has different physical facilities and programs. Therefore, the warden at each institution shall have broad discretion in regulating the following: the number of visitors allowed to visit an inmate at any one time; the frequency, duration and priority of visits; the visiting hours. Guidelines for these factors will be established by the warden and may vary to accommodate interests of institutional security and orderly operations. Consideration shall be given to the distance visitors are required to travel in order to visit an inmate. Persons required to travel great distances may make arrangements in advance by letter or telephone with the warden or designee for extended or consecutive visits. Such arrangements shall not be unreasonably denied.

(J) Hospitalized inmates shall be allowed to receive approved visitors consistent with security requirements and with the consent of the medical authorities and the warden's approval.

(K) Clergy may be added to an inmate's approved visitor list as a clergy-of-record. All clergy must complete the application process including providing documentation of professional certification.

(L) A community organization volunteer that has partnered with the department to assist the offender in transitioning into the community may be added to an inmate's approved visitor list as a reentry mentor.

(M) Visiting may be restricted or suspended for the entire inmate population or particular segments of the inmate population due to overriding security concerns as determined and authorized by the warden. No such restriction or suspension of visiting may extend beyond twenty-four hours without authorization of the director or designee.

(N) Rules pertaining to visiting shall be posted in the visiting room and made readily available for general distribution to visitors and inmates.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 4/5/76, 10/30/78, 8/18/79, 7/20/81, 10/11/82, 5/15/2004

5120-9-16 News media visits.

(A) It is the policy of the department of rehabilitation and correction to permit visits by representatives of the news media to correctional institutions, when approved by the managing officer of the particular institution or his designee.

(B) The managing officer or his designee may place reasonable restrictions on the number of reporters allowed in the institution at any one time and on the duration of their visits.

(C) Arrangements for the use of photographic, recording or broadcast equipment or for interviews must be made in advance.

(1) Pictures or recorded interviews of specific inmates may be taken only after securing clearance from the managing officer or his designee and only after the inmate to be photographed has expressed his approval by signing the inmate consent form.

(2) The managing officer or his designee may place reasonable restrictions on the frequency, length, and starting time of personal interviews. The institution will visually monitor such interviews to assure the reporters' safety.

(D) If an institution is placed under a state of emergency, representatives of the news media will be allowed access only to those areas that are designated by the managing officer or his designee. During the existence of a state of emergency, the director or his designee shall inform the news media of the situation within the institution as releasable information becomes available.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 1/20/73, 10/11/82, 7/18/83

5120-9-17 Incoming mail.

(A) Mail in the form of first class letters or electronic mail addressed to an inmate shall not be withheld except as provided in this rule. There shall be no limitation on the number of first class letters that an inmate may receive nor the number of persons with whom an inmate may correspond.

(B) Inspection of incoming mail:

(1) All mail, including electronic mail, other than legal mail, shall be opened and may be read or copied in the institution mail office and inspected for the presence of contraband, unauthorized forms of funds, and other threats to the security and safety of the institution. The written portion of the mail shall then be promptly delivered to the inmate, unless withheld in accordance with paragraph (G) of this rule.

(2) "Legal mail" is mail addressed to an inmate clearly bearing the return address of an attorney-at-law, a public service law office, a law school legal clinic, court of law, or the correctional institution inspection committee. It may be opened and inspected for contraband only in the presence of the inmate-addressee. "Legal mail" does not include postcards from a court of law that indicates fees and/or fines owed by the inmate-addressee.

(3) Electronic mail is offered to inmates as an additional means of communication. Electronic mail received is not suitable for confidential legal communications or legal mail. Inmates shall be instructed not to use electronic mail for confidential legal communications. "Legal mail" shall be restricted to the traditional mail format. Electronic mail cannot be accepted while an inmate is in special management housing.

(C) The managing officer or his designee shall determine the disposition of contraband pursuant to rule 5120-9-55 of the Administrative Code. The contraband may be returned to the sender, confiscated as evidence, held for the benefit of the inmate-addressee, or otherwise disposed of in a manner consistent with the law.

(D) All funds mailed to inmates shall be processed in accordance with rule 5120-5-02 of the Administrative Code.

(E) A letter or electronic message that is incorrectly addressed may be returned to the sender after a reasonable effort to ascertain the identity of the addressee has failed.

(F) Telegrams and electronic mail may be reviewed prior to delivery.

(G) Mail, including electronic mail, that presents a threat to the security and safety of the institution, its staff or inmates, may be withheld from the inmate-addressee. No material or correspondence will be considered to present such a threat solely on the basis of its appeal to a particular ethnic, political, racial or religious group. To constitute such a threat, the correspondence must meet at least one of the following criteria:

(1) The correspondence incites, aids, or abets criminal activity or violations of departmental rules, such as, but not limited to, rioting, extortion, illegal drug use or conveyance of contraband.

(2) The correspondence incites, aids, or abets physical violence against others, such as, but not limited to, instructions in making, using, or converting weapons.

(3) The correspondence incites, aids, or abets escapes, such as, but not limited to, instructions on picking locks or digging tunnels.

(4) The correspondence is in code or cipher.

(H) Procedures for withholding correspondence are as follows:

(1) The initial decision to withhold the correspondence will be made by the officer charged with inspecting it, with the concurrence of the mail room supervisor.

(2) The inmate-addressee and the author of the correspondence will be notified, in writing, that the correspondence was withheld. The notification will:

(a) Identify the inmate-addressee by name and number.

(b) Identify the author by name and address.

(c) Include a description of the correspondence by date or otherwise.

(d) Include a brief statement of the reason the correspondence is being withheld.

(e) Inform the author of the procedure for appeal, including the time for appeal.

(f) Identify the person to whom the decision to withhold the correspondence is to be appealed.

(3) The notification will be sent to the author and the inmate-addressee within seven calendar days of the decision to withhold, unless the managing officer determines that the notification will interfere with the conduct of a pending investigation.

(4) Decisions to withhold mail, including electronic mail, may be appealed in writing by the author to the managing officer or his designee within fifteen calendar days of the date of the mailing of the notification. The appeal should explain why the correspondence does not present a threat to the security and safety of the institution, its staff or inmates.

(5) The written appeal and the correspondence will be considered by the managing officer or designee who shall determine whether the correspondence will be withheld or delivered to the inmate.

(6) Any correspondence withheld from an inmate-addressee will be retained during the pendency of the appeal or for the time in which an appeal may be filed.

(7) If it is determined on appeal that the correspondence does not present a threat to the safety and security of the institution, its staff or inmates, the correspondence will be immediately delivered to the inmate-addressee.

(8) If it is determined on appeal that the correspondence presents a threat to the safety and security of the institution, its staff or inmates, or, if no appeal is taken, the mail may be returned to the author, held as evidence for criminal prosecution or a disciplinary proceeding, or destroyed.

(I) Mail, including printed electronic mail, in the possession of an inmate may, when approved by the managing officer or his designee, be seized, read, and copied where a reasonable belief exists that it may contain evidence of a violation of federal or state law or departmental rules. If a staff member reasonably believes there is a present risk of destruction of such mail, it may be seized and forwarded to the managing officer or his designee for review.

(J) Advertising mail, commonly known as "junk mail" and advertising in the form of electronic mail, commonly known as "spam", which include, but are not necessarily limited to promotional offers, drawings, sweepstakes, lotteries and other promotional campaigns, which proposes a commercial transaction and which taken as a whole, is not a personal communication uniquely composed for a specific individual, may be withheld from the addressee. Junk mail may be returned to the sender if return postage is guaranteed, or it may be destroyed at the institution if not. No notice or other process need be provided to the addressee or the addresser in such circumstances, any other provision in this or any other rule of the Administrative Code notwithstanding. The only exception to this paragraph shall be for catalogues for mail-order purchases, as approved by the office of prisons, provided that the contents of the catalogue are subject to the screening criteria for printed materials in rule 5120-9-19 of the Administrative Code.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05 , 5120.36
Prior Effective Dates: 1/20/73, 1/13/79, 1/4/88, 4/21/89, 1/8/91, 11/20/95, 5/15/04, 7/15/11

5120-9-18 Outgoing mail.

(A) There shall be no limitation on the number of letters that an inmate may send, nor shall there be any restrictions as to persons with whom an inmate may correspond, except as provided in this rule.

(B) Postage and embossed envelopes shall be available for sale in the institution commissary. Inmates may send one letter each month at state expense.

(C) Legal mail is mail addressed to an attorney at-law, a public service law office, a law school legal clinic, a court of law, or the correctional institution inspection committee. Such mail must be clearly addressed reflecting one of the above addressees and be marked "legal mail" by the inmate.

(D) Electronic mail is offered to inmates as an additional means of communication. This form of communication is not suitable for confidential legal communications or legal mail. Inmates shall be instructed not to use electronic mail for confidential legal communications. "Legal mail" shall be restricted to the traditional mail format. Electronic mail cannot be accessed while an inmate is in special management housing.

(E) Inmates shall seal their own first class letters, except in instances where there is to be an enclosure of money or documents held by the institution.

(F) All outgoing mail, including electronic mail, shall be clearly identified by the sender's name, institution number and return address. Any outgoing mail not so identified may be opened and read for the purpose of identifying the sender. All outgoing letters from inmates shall be stamped on the front or back of the envelope with a stamp identifying:

(1) That the letter is inmate correspondence; and

(2) the sending institution's name and address.

(G) Inmates are prohibited from sending any letter or electronic mail:

(1) That is threatening,

(2) That incites, aids or abets or constitutes criminal activity or violations of departmental rules,

(3) That is, or contains evidence of criminal activity or violations of departmental rules,

(4) That is in code or cipher,

(5) That would present a threat to the safety and security of the institution, its staff or inmates,

(6) To any person who the inmate has been advised has notified the managing officer that he or she is being harassed by the inmate and does not want to receive correspondence from the inmate,

(7) To any person, firm, association, or other entity for the purpose of soliciting funds or property without the prior approval of the managing officer . This provision does not apply to lawful requests made by an inmate for funds from an individual approved to send money to the inmate.

(8) That contains funds being sent to any person not on the inmate's approved visiting list.

(H) Any violation of the preceding procedures and prohibitions by the inmate shall be considered a violation of the inmate rules of conduct and may result in disciplinary action. Sanctions for such violations may include a restriction of the inmate's mail privileges for a specific period of time. Any mail restriction imposed must be only the minimum required to prevent future abuses of the mail privilege.

(I) Except as provided in paragraph (E) of this rule, outgoing non-legal inmate letters may only be opened, read, copied, or withheld, and electronic mail may only be withheld when the managing officer or designee has a reasonable belief that the inmate's correspondence meets one of the criteria listed in paragraph (G) of this rule. In such cases the following procedures shall be followed:

(1) The managing officer or designee shall make a request in writing to the director or designee stating the name and number of the inmate, the reasons for believing that the mail meets the criteria listed in paragraph (G) of this rule, and the time period for which permission to open, read, copy or withhold the inmate's mail is sought.

(2) The director or designee shall review the request. The director or designee may order further investigation before granting or denying such request. If approved, the director or designee shall document such approval, the name and number of the inmate and the time period for which such approval is granted. Approval of the director or designee to open, read, copy or withhold such mail shall extend only to the managing officer or designee.

(3) The managing officer or designee shall then record on a log the following information for any outgoing non-legal mail that is approved to be opened: the sender's name and number, the dates of approval to open, read, copy or withhold, the name of the managing officer's designee, if applicable, the addressee, the date the mail is opened and reviewed, and any action taken as a result of the review.

(4) If, after reviewing such mail the managing officer or designee determines that it does not meet any of the criteria listed in paragraph (G) of this rule, the mail shall be promptly forwarded to the addressee. If the correspondence is determined to meet one of the criteria listed in paragraph (G) of this rule, it may be copied and/or read and forwarded to the addressee or retained as evidence pursuant to an investigation and/or subsequent criminal or administrative proceeding, or returned to the inmate, as deemed appropriate by the managing officer or designee.

(5) In any case where the correspondence is determined to meet the criteria in paragraph (G) of this rule, and it would not hinder any ongoing investigation, the inmate shall receive written notice of the withholding of mail and or an appropriately issued conduct report. The notice or conduct report shall identify the correspondence by addressee, date or other description, and include an explanation as to why it is being withheld and/or a conduct report being issued.

(J) Outgoing legal inmate mail may only be opened if there is a reasonable belief that the mail contains contraband. In such cases the following procedures shall be followed:

(1) Request in writing, as soon as practicable, to the director or designee approval to open said legal mail. The request shall include the name and number of the sender, the addressee's name and address as it appears on the envelope, and the reasons for believing the envelope contains contraband.

(2) The director or designee shall review the request and as soon as practicable, approve or disapprove the request. Such approval or disapproval shall be documented in writing and reflect the name of the director or designee approving or disapproving the request.

(3) If the request is denied, the mail shall be promptly delivered to the mail room and processed as outgoing mail without further delay. If the request is approved, the managing officer or designee shall immediately open the envelope in the presence of the sender. The contents may be inspected only to the extent necessary to determine if it contains contraband.

(4) If contraband is found, it shall be handled in accordance with rule 5120-9-55 of the Administrative Code. Any non-contraband contents shall immediately be returned to the inmate who shall be given the opportunity to reseal such contents in another stamped envelope provided by the managing officer or designee, to be taken to the mailroom to be processed as outgoing legal mail without further delay.

(5) The opening and inspecting of any outgoing legal mail shall be documented on an outgoing legal mail inspector log. The managing officer or his designee shall record the name of the person inspecting the mail, the date of the inspection, the addressee, the sender's name and number, a description of any contraband found, the disposition of the contraband, and the date any non-contraband contents were mailed.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05 , 5120.36
Prior Effective Dates: 1/12/74, 3/24/80, 1/4/88, 4/1/89, 4/25/89 (Emer.), 7/17/89, 11/20/95, 5/15/04, 4/1/09, 7/15/11, 9/17/12

5120-9-19 Printed materials.

(A) As used in this rule, "printed materials" means any publication, document or record including, but not limited to, the following: Newspapers, magazines, pamphlets, books, photographs, drawings, and prerecorded magnetic audiotapes.

(1) For purposes of this rule, the term "printed material" does not include either personal letters; or,

(2) Advertising mail as described in paragraph (J) of rule 5120-9-17 of the Administrative Code.

(B) An inmate may receive a reasonable number of printed materials subject to the following limitaitons:

(1) All printed materials are subject to security inspection and review.

(2) Printed materials may be received in reasonable quantities; but only, directly from a publisher or distributor. Inmates may receive printed materials from other sources (e.g., family, friends, etc.) only with the prior approval of the managing officer or designee

(3) An inmate may not receive or possess videotpaes, compact discs, computer discs, or material in any other form or medium not otherwise authorized by this rule without prior approval from the managing officer or designee.

(4) Each institution may establish and post regulations setting a maximum quantity of printed material which an inmate may possess

(5) No printed material shall be excluded solely on the basis of its appeal to a particular ethnic, racial, or religious audience.

(6) If any part of a publication or other printed material is determined to be excludable under this rule, then the entire publication or other printed material shall be excluded.

(C) Printed material is excludable if it is deemed to be detrimental to, or to pose a threat to the rehabilitation of inmates; the security of the institution; or, the good order or discipline of the institution. Examples of such material include, but are not limited to printed material:

(1) Which facilitates, encourages, incites, promotes, or instructs in, criminal activity such as rioting or illegal drug use.

(2) Which depicts, encourages, incites, or describes activities which may lead to, the use of physical violence against others.

(3) Which depicts, describes the procedures for, or instructs in the making, using, or concealing of weapons.

(4) Which depicts, encourages, or describes methods of, escape, such as instruction in picking locks or digging tunnels.

(5) Which appears to be written in cipher or code, or that instructs in the use of cipher or code.

(6) Which is sexually explicit material that by its nature or content poses a threat to the rehabilitation of inmates, the security, good order, or discipline of the institution, or facilitates, or encourages criminal activity. Sexually explicit material includes material which:

(a) Depicts or graphically describes genitalia in a state of arousal, such as male erection, or exposure of the clitoris; or,

(b) Depicts or graphically describes homosexual, heterosexual, or auto erotic sex acts including, but not limited to: fellatio, cunnilingus, masturbation, ejaculation, anal or vaginal sexual intercourse or penetration, or manual stimulation of genetalia; or,

(c) Depicts or graphically describes sexual activity involving children; or,

(d) Depicts or graphically describes sexual activity involving sadism, sadomasochism, bondage, or bestiality, or excretory functions; or,

(e) Depicts or graphicaly describes sexual activity which involves an unwilling participant or in which a participant is the subject of coercion; or,

(f) Depicts, graphically describes, encourages, promotes, or incites homosexual activity in the institution.

(g) As used herein, "graphically describe" means to describe a subject in a lurid manner focusing attention of such subject as the primary topic of the printed material.

(D) All printed material is subject to the following screening procedure:

(1) Initially, printed material shall be screened in the institution mail office.

(2) The mail office supervisor shall forward to the managing officer, or the managing officer's designee, any printed material which is reasonably believed to be excludable under the provisions of this rule.

(3) As soon as practicable, the managing officer, or the managing officer's designee, shall review the forwarded printed material and shall decide whether the printed material may be permitted into the institution or should be excluded under the provisions of this rule.

(4) If the managing officer or the managing officer's designee, determines that the material may be permitted into the institution, then the material shall be promptly forwarded to the inmate.

(5) If the managing officer, or the managing officer's designee, determines that the material should be excluded from the institution, this decision shall be promptly forwarded to the inmate in writing.

(6) The written decision shall provide a brief explanation of the reasons for excluding the printed material. The explanation shall be sufficient to inform the inmate of the basis for the decision.

(7) The written decision shall also advise the inmate that he/she can either make an appropriate disposition of the printed material in accordance with paragraph (M) of this rule or request review by the central office publication screening committee.

(8) The managing officer or designee shall maintain a record of such decisions for at least three years.

(E) The inmate may request that the central office publication screening committee review the managing officer's decision. The inmate shall make this request in writing and shall state any specific objections he/she has to the managing officer's decision.

(1) The inmate shall forward this request to the managing officer or the managing officer's designee, within fifteen days after receiving the managing officer's decision.

(2) Failure to timely request review of the managing officer's decision shall constitute acceptance of that decision and the printed material shall be disposed of in accordance with paragraph (M) of this rule.

(F) If the inmate timely requests review by the central office publication screening committee, the managing officer or designee shall forward the printed material, together with the notice and written decision concerning it, and any written objections submitted by the inmate, to the central office publication screening committee.

(G) The central office publication screening committee shall consist of the following:

(1) A screening committee coordinator who shall be a member of the staff of the division of legal services, and

(2) At least three reviewers, with at least one of the reviewers being from each of the following offices:

(a) The office of prisons,

(b) The office of the chief inspector, and

(c) The division of legal services (who may be someone other than the publication screening coordinator.)

(H) The central office publication screening committee shall consider the institution's reasons for excluding the material, the inmate's objections, and the criteria and standards set forth in this rule in conducting its review of the material. The central office publication screening committee (hereafter referred to as the PSC) shall complete its review within a reasonable time and shall determine whether the material should be excluded or permitted and shall state the basis for that recommendation.

(I) If the PSC, determines that the printed material should not be excluded, then the material shall be promptly forwarded to the inmate requesting the review, through the managing officer or the managing officer's designee.

(J) If the PSC, determines that the printed material should be excluded, that decision and the reasons therefore, shall be forwarded in writing to the managing officer of the challenging institution along with the reviewed printed material.

(K) The managing officer or managing officer's designee shall notify the inmate requesting the review in writing of the decision and the reasons therefore.

(L) The director or the director's designee, the regional directors, the managing officer or the managing officer's designee may initiate a review by the central office publication screening committee of any printed material for a determination whether the material should be excluded consistent with the provisions and procedures of this rule.

(M) Printed material which is excluded pursuant to this rule may be disposed of in any of the following manners:

(1) Upon the inmate's written request, the property may be destroyed or forwarded to an approved visitor at the inmate's expense.

(2) The property may be returned to the sender or the united states postal service.

(3) The property may be held as evidence.

(4) The property may be disposed of in accordance with rule 5120-9-55 of the Administrative Code.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.425 , 5120.426 , 5120.427 , 5120.428
Prior Effective Dates: 12/31/76, 1/8/91, 1/14/93, 2/1/99

5120-9-20 Visits by attorneys and inmate access to legal services.

(A) Attorney visits

(1) Attorneys of record may visit inmates during regular visiting hours. Where there is no evidence of an attorney of record or when an attorney other than the attorney of record requests visiting privileges, the attorney must provide a copy of a written statement, redacting any confidential or privileged information, from the inmate or a member of the inmate's family requesting his legal services. An attorney wishing to visit may be required to furnish proof that he is licensed to practice law.

(2) When an attorney requests to visit with his clients on weekends or after regular visiting hours, at least one-day, advanced notice to the managing officer shall be made by such attorney. In the event an attorney is present at an institution and desires additional time

(beyond regular visiting hours) to visit with his client(s), the attorney shall request such additional time from the managing officer. Such request shall be made within a reasonable time prior to the expiration of regular visiting hours. Such requests shall be liberally granted when the attorney can show sufficient reason why such visits are necessary.

(3) Law students, legal interns or legal investigators must be under the direct supervision of an attorney who shall be responsible for the activities of such person. Before admission to the institution is granted, that person must produce a written statement containing all of the following information:

(a) Name of the student, intern or investigator.

(b) Name of the law school or program, if applicable.

(c) Name and address of the supervising attorney.

(d) Name of the inmate-client to be interviewed.

(4) Visits by attorneys, law students, legal interns, and legal investigators may be partially curtailed or totally banned during the existence of a critical incident as determined by the managing officer. However, the managing officer may, if security permits, authorize visits by attorneys during a critical incident in the following situations:

(a) A personal interview of the inmate is absolutely necessary because of a rapidly approaching court date for which a continuance cannot be obtained.

(b) Legal aid is necessitated by the conditions which caused the critical incident.

(5) Visits by attorneys will take place in a room designated for that purpose, subject to being visually monitored, but conversations shall not be monitored.

(6) An attorney of record may be permitted to visit up to three inmate-clients at one time, unless it is the opinion of the managing officer that such visit would be inappropriate due to an existing situation at the institution. In such event, the attorney shall be so notified and other arrangements made.

(7) Where an attorney requests to visit with a large number of inmates (e.g., cell-block or dormitory) who he does not explicitly represent, and who he does not name individually, the attorney shall be requested to submit in writing the names of those persons he wishes to meet. If the attorney is unable to produce the names of such inmates, he shall be given a reasonable amount of time to gather such information. Subsequent to the receipt of such names, a staff member shall contact each inmate so named and inform him of the presence of the attorney and of the attorney's request to visit with him. The inmate shall be asked if he desires to meet with the attorney. If the inmate declines, the inmate shall be asked to sign a statement to that effect and it shall be witnessed by a staff member. Under no circumstances shall an inmate be harassed, intimidated or in any manner influenced with regard to such a request. Any document so executed shall be immediately forwarded to the managing officer who shall forthwith have it placed in the inmate's file. The attorney shall also be shown this document upon request.

(B) Inmate access to legal services

(1) It is the policy of the department of rehabilitation and correction to permit inmates reasonable access to legal materials and a reasonable opportunity to prepare legal documents.

(2) Inmates in local control, protective control, administrative control, and security control shall be afforded the same access to legal materials as those in general population, except that they may not go to the law library. In the event an inmate is not permitted access to the law library premises, legal materials shall be provided to the inmate on a reasonable basis. Such inmates may have such assistance from other inmates as is authorized by the managing officer.

(3) Each institution shall establish a schedule of library hours when legal materials can be used. Where possible, evening and weekend hours shall be provided.

(4) An inmate shall be permitted to purchase law books unless there is a compelling reason why he should not be able to do so.

(5) Inmates shall be permitted to assist each other in the preparation of legal documents. However, it shall be a violation of institutional rules for an inmate to charge a fee of any kind for such services.

(6) Inmates shall be permitted reasonable access to typewriters or may be assigned an inmate-clerk for the typing preparation of legal documents.

(7) Inmates shall be permitted to contact attorneys to secure legal representation. The payment of attorney fees is a matter between attorney and client. Inmates who want to make confidential attorney-client telephone calls should make such requests to the managing officer or designee.

(8) Each institution shall make available to its inmates a legal kit which shall be sold through the commissary.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 9/9/73, 12/21/76, 1/8/91, 6/10/92, 7/18/97, 12/31/00

5120-9-21 Interinstitutional transfer of inmates.

(A) Inmates may be transferred from one prison to another for purposes of providing additional programming and or services, to facilitate visitation or any other legitimate penological reason, including the secure and orderly operation of the prisons.

(B) A transfer may be initiated by the institution, the administration or by the inmate by request. An inmate requesting a transfer shall submit the request to the unit staff on a form designated for that purpose. The staff member may interview the inmate to obtain more information regarding the reasons for the request and review available information to determine if the inmate's request is reasonable. The staff member may deny the request or refer the request to the classification committee. If the inmate's request is denied by the staff member, the inmate shall be provided with a written explanation for the decision. In all cases documentation shall be maintained of the inmate's request and the response. A request or recommendation for transfer by the rules infraction board or any authorized member of the institutional staff shall be referred to the classification committee.

(C) When a transfer request is referred to the classification committee, the committee shall conduct a review and otherwise follow the procedures set forth in rule 5120-9-53 of the Administrative Code. In addition, the inmate may appeal the warden's recommendation to the bureau of classification. Implementation of any decision shall not be stayed pending appeal.

(D) If the warden approves a transfer recommendation the warden shall have the written summary of the classification committee's review, including any written statements or appeals submitted by the inmate forwarded to the bureau of classification. The bureau of classification shall review all relevant documentation, including any additional documentation requested, and make the final decision as to whether a transfer is appropriate and if so, to what institution the inmate should be transferred. The inmate and warden shall be so notified. The inmate to be transferred shall be given at least twenty-four hours notice prior to the transfer, however no inmate shall be advised of the exact date or time the transfer is scheduled.

(E) The administrative procedures set forth in this rule and rule 5120-9-53 of the Administrative Code shall not be applicable to the following circumstances. In such cases, individual notice is not required. The director or designee shall provide such notice as is deemed reasonable under the circumstances.

(1) Transfers necessitated by medical or mental health requirements.

(2) Situations where an institution is closed in part or whole, or its function is materially altered, resulting in the need to transfer inmates.

(3) Where an emergency situation exists at an institution as determined by the warden and the director or designee, and it becomes necessary for inmate to be immediately transferred from the institution to another institution.

(4) Transfers of particular groups, classes or other populations of inmates when required by the interests of the department as determined by the director or designee.

(5) When an inmate, individually or in concert with others, has engaged in violent, assaultive, or predatory behavior such that his/her immediate removal from the institution is deemed by the warden and the regional director to be an appropriate step to preserve the orderly operation of the institution and/or the safety of its staff and inmates.

(F) As it relates to paragraph (A) of this rule, in situations where the warden, upon the recommendation of a licensed physician, psychiatrist, or psychologist, determines that an inmate is in need of closer psychological or medical care of supervision than can be offered in the general population of the parent institution, the warden or designee shall contact the intended receiving institution to determine the availability and appropriateness of treatment prior to submitting the transfer request. The warden or designee may then request the chief of the bureau of classification to place such inmate in an appropriate alternative housing assignment in an appropriate institution.

Effective: 06/01/2012
R.C. 119.032 review dates: 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 2/5/74, 7/20/81, 1/1/83, 9/4/84, 5/8/06, 4/15/10

5120-9-21.1 Transfer of prisoner to inpatient mental health facility.

(A) As used in this rule:

(1) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

(2) "Mentally ill person subject to hospitalization" means a mentally ill person to whom any of the following applies because of the person's mental illness:

(a) The person represents a substantial risk of physical harm to the person as manifested by the evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm.

(b) The person represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm, or other evidence of present dangerousness.

(c) The person represents a substantial and immediate risk of serious physical impairment or injury to the person as manifested by evidence that the person is unable to provide for and is not providing for the person's basic physical needs because of the person's mental illness and that appropriate provision for those needs cannot be made immediately available in the correctional institution in which the inmate is currently housed.

(d) The person would benefit from treatment in a hospital for the person's mental illness and is in need of treatment in a hospital as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person.

(3) "Psychiatric hospital" means all or part of a facility that is operated and managed by the department of mental health and addiction services to provide psychiatric hospitalization services in accordance with the requirements of this rule pursuant to an agreement between the directors of rehabilitation and correction and mental health and addiction services or, is licensed by the department of mental health and addiction services pursuant to section 5119.33 of the Revised Code as a psychiatric hospital and is accredited by a health care accrediting organization approved by the department of mental health and addiction services and the psychiatric hospital is any of the following:

(a) Operated and managed by the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(b) Operated and managed by a contractor for the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(c) Operated and managed in the community by an entity that has contracted with the department of rehabilitation and correction to provide psychiatric hospitalization services in accordance with the requirements of this rule.

(4) "Inmate patient" means an inmate who is admitted to a psychiatric hospital.

(5) "Admitted" to a psychiatric hospital means being accepted for and staying at least one night at the psychiatric hospital.

(6) "Treatment plan" means a written statement of reasonable objectives and goals for an inmate patient that is based on the needs of the inmate patient and that is established by the treatment team, with the active participation of the inmate patient and with documentation of that participation. "Treatment plan" includes all of the following:

(a) The specific criteria to be used in evaluating progress toward achieving the objectives and goals;

(b) The services to be provided to the inmate patient during the inmate patient's hospitalization;

(c) The services to be provided to the inmate patient after discharge from the hospital, including, but not limited to, housing and mental health services provided at the state correctional institution to which the inmate patient returns after discharge or community mental health services.

(7) "Mentally retarded person subject to institutionalization by court order" has the same meaning as in section 5123.01 of the Revised Code.

(8) "Emergency transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate presents an immediate danger to self or others and requires hospital level care.

(9) "Uncontested transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate has the mental capacity to, and has waived, the hearing required by paragraph (B) of this rule.

(10) "Independent decision maker" means a person who is employed or retained by the department of rehabilitation and correction and is appointed by the chief or chief clinical officer of mental health services as a hospitalization hearing officer to conduct due process hearings.

An independent decision maker who presides over any hearing or issues any order pursuant to this rule shall be a psychiatrist, psychologist, or attorney, shall not be specifically associated with the institution in which the inmate who is the subject of the hearing or order resides at the time of the hearing or order, and previously shall not have had any treatment relationship with nor have represented in any legal proceeding the inmate who is the subject of the order.

(B) Hearing procedure:

(1) Except as provided in paragraph (C) or (D) of this rule, if the managing officer of a state correctional institution, or the managing officer's designee, believes that an inmate should be transferred from the institution to a psychiatric hospital, the department shall hold a hearing to determine whether the inmate is a mentally ill person subject to hospitalization. The department shall conduct the hearing at the state correctional institution in which the inmate is confined, and the department shall provide qualified and independent assistance to the inmate for the hearing. An independent decision-maker provided by the department shall preside at the hearing and determine whether the inmate is a mentally ill person subject to hospitalization.

(2) Except as provided in paragraph (C) or (D) of this rule, prior to the hearing held pursuant to paragraph (B) of this rule, the managing officer or managing officer's designee shall give written notice to the inmate that the department is considering transferring the inmate to a psychiatric hospital, that it will hold a hearing on the proposed transfer at which the inmate may be present, that at the hearing the inmate has the rights described in paragraph (B)(3) of this rule, and that the department will provide qualified and independent assistance to the inmate with respect to the hearing. The department shall not hold the hearing until the inmate has received written notice of the proposed transfer and has had sufficient time to consult with the person appointed by the department to provide assistance to the inmate and to prepare for a presentation at the hearing.

(3) At the hearing held pursuant to paragraph (B) of this rule, the department shall disclose to the inmate the evidence that it relies upon for the transfer and shall give the inmate an opportunity to be heard. Unless the independent decision-maker finds a good cause for not permitting it, the inmate may present documentary evidence and the testimony of witnesses at the hearing and may confront and cross-examine witnesses called by the department.

(4) If the independent decision-maker does not find clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the department shall not transfer the inmate to a psychiatric hospital but shall continue to confine the inmate in the same state correctional institution or in another state correctional institution that the department considers appropriate. If the independent decision-maker finds clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the decision-maker shall order that the inmate be transported to a psychiatric hospital for observation and treatment for a period of not longer than thirty days. After the hearing, the independent decision-maker shall submit to the department a written decision that states one of the findings described in paragraph (A)(2) of this rule, the evidence that the decision-maker relied on in reaching that conclusion, and, if the decision is that the inmate should be transferred, the reasons for the transfer.

(C) The department may transfer an inmate to a psychiatric hospital under an emergency transfer order if the chief clinical officer of mental health services of the department or that officer's designee and either a psychiatrist employed or retained by the department or, in the absence of a psychiatrist, a psychologist employed or retained by the department determines that the inmate is mentally ill, presents an immediate danger to self or others, and requires hospital-level care.

(1) After an emergency transfer under paragraph (C) of this rule, the department shall hold a hearing for continued hospitalization within five working days after admission of the transferred inmate to the psychiatric hospital. The department shall hold subsequent hearings pursuant to paragraph (F) of this rule at the same intervals as required for inmate patients who are transported to a psychiatric hospital under paragraph (B)(4) of this rule.

(D) The department may transfer an inmate to a psychiatric hospital under an uncontested transfer order if both of the following apply:

(1) A psychiatrist employed or retained by the department determines all of the following apply:

(a) The inmate has a mental illness or is a mentally ill person subject to hospitalization.

(b) The inmate requires hospital care to address the mental illness.

(c) The inmate has the mental capacity to make a reasoned choice regarding the inmate's transfer to a hospital.

(2) The inmate agrees to a transfer to a hospital.

(E) The written notice and the hearing required under paragraphs (B)(1) and (B)(2) of this rule are not required for an emergency transfer or uncontested transfer under paragraph (C) or (D) of this rule.

(F) The department shall hold a hearing for the continued hospitalization of an inmate patient who is transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule prior to the expiration of the initial thirty-day period of hospitalization. The department shall hold any subsequent hearings, if necessary, not later than ninety days after the first thirty-day hearing and then not later than each one hundred and eighty days after the closest prior hearing. An independent decision-maker shall conduct the hearings at the psychiatric hospital in which the inmate patient is confined. The inmate patient shall be afforded all of the rights set forth in this rule for the hearing prior to transfer to the psychiatric hospital. The department may not waive a hearing for continued commitment. A hearing for continued commitment is mandatory for an inmate patient transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule unless the inmate patient has the capacity to make a reasoned choice to execute a waiver and waives the hearing in writing. An inmate patient who is transferred to a psychiatric hospital pursuant to an uncontested transfer under paragraph (D) of this rule and who has scheduled hearings after withdrawal of consent for hospitalization may waive any of the scheduled hearings if the inmate has the capacity to make a reasoned choice and executes a written waiver of the hearing.

(G) If upon completion of the hearing the independent decision-maker does not find by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order the inmate patient's discharge from the psychiatric hospital. If the independent decision-maker finds by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order that the inmate patient remain at the psychiatric hospital for continued hospitalization until the next required hearing.

(H) If at any time prior to next required hearing for continued hospitalization, the medical director of the hospital or the attending physician determines that the treatment needs of the inmate patient could be met equally well in an available and appropriate less restrictive state correctional institution or unit, the medical director or attending physician may discharge the inmate to that facility.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.17
Rule Amplifies: 5120.17
Prior Effective Dates: 12/2/97, 1/20/04

5120-9-22 Transfer of violators.

(A) When the parole board or any hearing officer assigned to the parole board revokes an offender's release or imposes a new prison term on an offender, a copy of the order revoking the violator's release or imposing the new prison term upon the violator will be forwarded to the receiving reception center.

(B) As soon as practical after receiving the inmate, the reception center will classify the inmate and forward all pertinent information to the bureau of classification and reception. The bureau of classification and reception will determine the inmate's security level and parent institution.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 2967.15 , 2967.28
Prior Effective Dates: 8-24-73; 12-20-96; 5-15-04

5120-9-23 Escapes.

(A) The department of rehabilitation and correction shall respond to an inmate escape in a manner which maximizes the safety of the general public while engaging in actions designed to apprehend the escapee(s).

(B) Each institution shall establish a specific prevention, escape and apprehension action plan which includes institution specific instructions for preventing an escape, and in the event of an escape: reporting, containment and security of the institution, mobilizing staff and information, formulating an action plan to apprehend the escapee(s), returning to normal operations and follow-up.

(C) In the event of an escape, the institution shall immediately report the escape to the Ohio state highway patrol and other relevant local support agencies and submit a written report to the director and or designee(s). Periodic updates shall be provided to the director and or designee(s) as instructed.

(D) An investigation of an attempted escape or actual escape shall be done to determine any security failures, staff failures, and to identify any corrective actions required or already taken.

(E) If an inmate who was convicted of a felony offense of violence escapes, the office of victim services shall notify each victim of the offense or offenses committed by the inmate of the inmate's escape and, if applicable, the inmate's subsequent apprehension. Notice shall be given as soon as practicable after the escape and after the office identifies and locates the victim or victims. The notice shall occur regardless of whether the victim is registered for notification with the office of victim services, unless the victim has specifically notified the office that the victim does not wish to receive notices regarding the inmate. The office of victim services may give the notice by telephone, in person, by e-mail, or by other electronic means. If the office of victim services cannot locate a victim, the office shall send the notice in writing to the victim's last known address. The office of victim services may request the assistance of the prosecuting attorney of the county in which the escaped inmate was convicted in identifying and locating a victim required to receive notice under this paragraph.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36 , 5120.60
Prior Effective Dates: 1/20/73, 5/15/04

5120-9-24 Incident reporting and investigation.

(A) The managing officer or designee shall promptly report to the director or designee incidents which seriously threaten the health, safety and or security of a person or institution, including those incidents that might have external ramifications or news media interest.

(B) A written report of such incidents shall be forwarded to the director or designee no later than the next business day. The written report shall include the institution name, the nature of the incident, date and time of incident, a brief summary of the incident, action taken in response to incident and the names and relevant information regarding each inmate and/or staff member involved. Additional investigation shall be conducted, as necessary, at the direction of the warden or the director or designee.

(C) Incidents that may involve the commission of a criminal offense shall be reported to the Ohio state highway patrol for their review. When the Ohio state highway patrol opens a criminal investigation related to the actions of an inmate or staff member, the institutional investigator shall provide such assistance as is necessary and appropriate. An administrative investigation and subsequent administrative action, including disciplinary action against an employee or inmate, may proceed to the extent it does not interfere with the criminal investigation.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 1/20/73, 7/18/83, 5/15/04

5120-9-25 Appearance and grooming of male inmates.

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule. Inmates may purchase personal hygiene items, including shaving materials, deodorant, toothpaste, toothbrushes, soap and towels through the commissary. The institution may issue these items without charge or on credit if the inmate is indigent.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

(C) Inmates shall have the opportunity to shower no less than five times weekly.

Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be kept clean. Braids may be worn subject to the limitations of this rule. The following hairstyles or facial hair are not permitted: Initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding natural baldness), weaves, and dreadlocks . Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns, as determined by the office of prisons. If approved by the warden, an inmate may wear a wig for medical reasons or in conjunction with medical treatment.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for length at any time. Hair may not be worn in braids at any time the inmate is being transported out of the institution.

(F) Sideburns, beards, and moustaches must be clean and neatly trimmed.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Rephotographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) A reception inmate may receive a haircut, if necessary, for reasons of santiation or as otherwise permitted by this rule.

(I) Forced haircuts shall only be given if the inmate has been given an order to cut his hair, has disobeyed the order, has been issued a conduct report and the rules infraction board determines that the hairstyle is contrary to this rule . All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with paragraph (D) or (F) of this rule. Forced haircuts may also be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting forced haircuts. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against his will.

(J) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in his hair or facial hair or of excape-related misconduct or criminal activity.

(K) Male inmates are not permitted to wear earrings.

(L) Inmates performing work assignments which may reasonably be determined to include safety hazards or sanitary concerns may be required to wear appropriate protective equipment, such as hats, hair nets, etc.

(M) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or perform any other cosmetic procedure on another inmate, except in an authorized program or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(N) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes.

(O) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

Effective: 10/29/2012
R.C. 119.032 review dates: 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 5/1/73, 1/13/79, 8/29/83, 8/26/91, 04/12/2007

5120-9-25.1 Appearance and grooming of female inmates.

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule Inmates may purchase personal hygiene items, to include shaving materials, deodorant, toothpaste, toothbrushes, soap, and towels through the commissary. The institution may issue these items without charge or on credit if the inmate does not have the available funds.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

(C) Inmates shall have the opportunity to shower no less than five times weekly. Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be clean, neatly trimmed, and shall not extend below the middle back area in length. Hair length will be at least two inches in length, unless there is a documented medical concern. Braids may be worn subject to the limitations of this rule. The following hairstyles or facial hair are not permitted: Initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding bangs or natural baldness), weaves, dreadlocks, and shaved heads. Hair coloring is not permitted unless approved by the warden and provided by an individual properly licensed to provide such a service and/or provided as part of an authorized program. If approved by the warden, an inmate may wear a wig for medical reasons or in conjunction with medical treatment. Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns as determined by the office of prisons.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for length at any time. Length restrictions for braided hair shall be based on the length of hair when braided. Hair may not be worn in braids at any time the inmate is being transported out of the institution.

(F) Sideburns, bangs, and other facial hair must be neatly trimmed. Facial hair must not protrude more than one-fourth inch from the skin.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Rephotographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) Forced haircuts shall only be given if the inmate is issued a conduct report and the rules infraction board determines that the hairstyle or hair length is contrary to this rule and the inmate has not been given an exemption from the grooming restrictions set forth in paragraph (D) of this rule. All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with paragraph (D) of this rule. Forced haircuts may be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting forced haircuts. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against her will.

(I) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in her hair or of wearing hair in violation of paragraph (D) of this rule.

(J) Female inmates are permitted to wear earrings. Hoop and stud types are not to exceed one-half inch in diameter. Dangle type, those that hang from or attach to a post or wire are not to extend more than one-fourth inch below the bottom of the ear lobe. Earrings are not to be worn on any part of the body, except the ears. A maximum of two pair of earrings may be worn at one time.

(K) Inmates performing work assignments which may reasonably be determined to include safety hazards or sanitary concerns may be required to wear appropriate protective equipment, such as hats, hair nets, etc.

(L) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or to perform any other cosmetic procedure, except in an authorized program, or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(M) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes. Artificial fingernails are not permitted.

(N) Inmates may wear a reasonable amount of make-up. Eyeliner will not exceed the eyebrow area. Staff may require an inmate to remove make-up if in the judgment of a supervisor any significant change in physical appearance has taken place.

(O) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

(P) If the grooming restrictions established by this rule substantially burden an inmate's sincerely held religious belief, the inmate may seek an appropriate exemption by applying for a religious accomodation.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 6/10/92, 04/12/2007

5120-9-26 Use of truth verification systems for administrative investigations.

(A) Truth verification systems such as a polygraph examination or a computer voice stress analysis may be utilized in the course of an administrative investigation. In general, the following principles shall apply:

(1) The results of such an examination shall only be a factor to be considered in determining the truthfulness of the person being examined, but shall not be considered conclusive of the facts under question.

(2) No offender or staff member shall be compelled to submit to a truth verification examination involuntarily.

(3) No inmate or staff member, shall be prejudiced by a refusal or failure to submit to a truth verification examination.

(4) No inmate or staff member shall be disciplined or discriminated against in any administrative action solely on the basis of the results of a truth verification examination unless there is supporting evidence which is both reliable and probative.

(5) If a related criminal investigation is being conducted, the managing officer or investigator shall ascertain that the use of a truth verification examination will not unduly hinder or interfere with the criminal investigation.

(B) Prior to the use of a truth verification examination in an administrative investigation, the managing officer must obtain approval from both the office of the chief inspector and the managing officer's deputy director.

Replaces: 5120-9-26

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.42
Rule Amplifies: 5120.42
Prior Effective Dates: 1/20/73, 4/1/05

5120-9-27 Procurement of medical aids for institution inmates.

(A) The department of rehabilitation and correction shall provide to all institution inmates, when it is determined by qualified departmental staff (or other qualified independent contractor) that a legitimate medical or dental need exists, the following medical aids: eyeglasses, full and/or partial dentures, hearing aids, orthopedic appliances, etc. The department will further provide for reasonable replacement and upkeep. The cost and quality of such replacement items shall be at the warden's discretion. An inmate may, with the warden's approval, obtain a higher quality or more expensive item at the inmate's own expense.

(B) The loss, theft or destruction of such aids, due to carelessness or negligence on the part of the inmate, will result in replacement being charged to the inmate's personal account. Prior to any such action, however, a full investigation will be conducted by the inspector of institutional services.

(C) Medical aids of a cosmetic nature are not provided for. The cost of cosmetic medical aids, if desired by the inmates will be charged to the inmate's personal account with prior approval of the warden.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 2-16-73; 1-13-79; 4-1-05

5120-9-29 The office of the inspector of institutional services.

The warden of each institution shall appoint an individual to serve as the inspector of institutional services. As appropriate, the warden may also appoint an assistant inspector of institutional services. Screening, interviewing, and selecting individuals for both positions requires the participation of the chief inspector or designee. The inspector of institutional services shall report directly to the warden, with functional supervision being maintained by the chief inspector or his/her designee. The chief inspector or designee shall be involved in the performance evaluation of the inspector of institutional services. The inspector of institutional services shall have sufficient authority, clerical support, and access to all records and areas of the institution in order to carry out the duties of the office.

The inspector of institutional services shall:

(A) Facilitate all aspects of the inmate grievance procedure, as established by rule 5120-9-31 of the Administrative Code.

(B) Investigate and respond to grievances filed by inmates;

(C) Monitor the application of institutional and departmental rules and policies affecting conditions of incarceration; and report to the warden any noncompliance including recommendations for corrective action;

(D) Conduct regular inspections of institutional services and serve as a liaison between the inmate population and institutional personnel;

(E) Review and provide input on new or revised institutional policies, procedures and post orders;

(F) Provide training on the inmate grievance procedure and other relevant topics;

(G) Perform other duties as assigned by the warden or chief inspector which do not create a conflict with paragraph (A) or (B) of this rule.

(H) Submit all reports, documents, or other forms of accountability of their work to the chief inspector and/or warden as directed.

Replaces: 5120-9-30 (partial)

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.06 , 5120.42
Rule Amplifies: 5120.01 , 5120.06 , 5120.42
Prior Effective Dates: 2-10-78; 7-10-80; 3-21-97; 1-1-02; 4-1-05

5120-9-30 The office of the chief inspector.

(A) Pursuant to section 5120.06 of the Revised Code, the director shall establish the office of the chief inspector and prescribe the powers and duties of said division. The chief inspector shall serve as a deputy director, in the unclassified service, equivalent in status to all other deputy directors within the department of rehabilitation and correction. The chief inspector shall report directly to the director and assistant director of the department of rehabilitation and correction.

(B) The office of the chief inspector shall have sufficient centrally located staff to assist in carrying out the responsibilities of the office. The chief inspector shall have the authority to screen, interview and select support staff, assistant chief inspectors and other designees.

(C) The chief inspector and designee(s) have the authority and responsibility to:

(1) Administer all aspects of the grievance procedure for inmates;

(2) Render dispositions on inmate grievance appeals;

(3) Render dispositions on grievances against the wardens and/or inspectors of institutional services;

(4) Participate in the selection process of institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators, including screening, interviewing and selection;

(5) Functionally supervise institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators; including participation in annual performance reviews for such positions;

(6) Initiate and supervise continuous training for departmental staff to maintain an active awareness and understanding of the grievance procedure for inmates and prepare a lesson plan for such purpose;

(7) Ensure that all laws, rules, and regulations of the department and subordinate facilities are being followed and applied fairly throughout the system and report to the director or assistant director any noncompliance including recommendations for corrective action;

(8) Administer and supervise internal and external audit procedures;

(9) Monitor and provide input relative to any proposed new or revised administrative rules, policies or protocols of the department;

(10) Coordinate the revision, dissemination, annual review and maintenance of departmental policies;

(11) Monitor, coordinate, conduct, and/or initiate internal administrative investigations;

(12) Submit to the director and the chairperson of the correctional institution inspection committee an annual report, which shall include, from all institutions, statistical information as to the number and nature of all inmate grievances processed during the report period, their disposition and the status of all pending grievances; and

(13) Perform any other duties and responsibilities established by departmental policy and/or as directed or approved by the director or assistant director.

(D) The chief inspector and designee(s) shall have all necessary authority to perform the required duties and responsibilities of this rule. The chief inspector and designee(s) shall have full investigative powers and complete access at any time to all facilities, offices, or installations under the jurisdiction of the department of rehabilitation and correction. All records, files, documentation, and any other information shall be available to the chief inspector and designee(s) upon request. Any employee or inmate of the department who is found to have knowingly, deliberately or maliciously obstructed an investigation conducted by the chief inspector's office will be subject to disciplinary action upon the recommendation of the chief inspector or designee.

Replaces: 5120-9-30

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.06 , 5120.42
Rule Amplifies: 5120.42
Prior Effective Dates: 2-10-78; 7-10-80; 3-21-97; 1-1-02 ; 4-1-05

5120-9-31 The inmate grievance procedure.

(A) The department of rehabilitation and correction shall provide inmates with access to an inmate grievance procedure. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant. This may include complaints regarding policies, procedures, conditions of confinement, or the actions of institutional staff.

(B) The inmate grievance procedure will not serve as an additional or substitute appeal process for hearing officer decisions, rules infraction board decisions or those issues or actions which already include an appeal mechanism beyond the institutional level or where a final decision has been rendered by central office staff. Other matters that are not grievable include complaints unrelated to institutional life, such as legislative actions, policies and decisions of the adult parole authority, judicial proceedings and sentencing or complaints whose subject matter is exclusively within the jurisdiction of the courts or other agencies. Complaints which present allegations which fall, in part, within the scope of paragraph (A) of this rule and in part within this paragraph will be considered to the extent they are not excluded under this paragraph.

(C) A written explanation of and instructions for the use of the inmate grievance procedure shall be readily available to both staff and inmates. Newly hired staff, and newly incarcerated inmates at reception shall receive a written and oral description of the procedure. Inmates shall also receive information regarding the inmate grievance procedures during orientation at their parent institution. Appropriate provisions shall be made as necessary for inmates not fluent in English, persons with disabilities and those with low literacy levels. All materials used to provide information and training on the inmate grievance procedure to staff and inmates shall be prepared or approved by the office of the chief inspector.

(D) Inmates may utilize the inmate grievance procedure regardless of any disciplinary status, or other administrative or legislative decision to which the inmate may be subject. Appropriate provisions shall be made to ensure access to the inmate grievance procedure by inmates not fluent in English, persons with disabilities, and those with low literacy levels. Each institution shall maintain locked institutional mailboxes for inmates to mail kites, informal complaints, grievances and other institutional correspondence to staff.

(E) Limited restrictions may be imposed, only with the approval of the chief inspector, based upon an inmate's abuse or misuse of the inmate grievance procedure. Such a restriction shall be for a stated period of time not to exceed ninety days and subject to extension by the chief inspector if the inmate has not substantially complied with the restriction requirements. Provisions shall be made to ensure that the inmate can pursue issues that could present a substantial risk of physical injury, such as medical concerns, through the inmate grievance procedure. Any inmate subject to a restriction shall be notified in writing. Such notice shall include a clear explanation of the nature of the restriction, and the length of time of the restriction, (conditional upon their compliance). The notice shall also include an explanation of how they may pursue issues that could present a substantial risk of harm while on restriction.

(F) An inmate may be subject to disciplinary action for disrespectful, threatening or otherwise inappropriate comments made in an informal complaint, grievance or grievance appeal. Only the inspector of institutional services, with the approval of the chief inspector or designee, may initiate disciplinary action based upon the contents of an informal complaint, grievance or grievance appeal.

(G) Failure of the inmate to substantiate their grievance allegations shall not, by itself, be used as grounds to initiate disciplinary action. If it is found that an inmate has intentionally falsified information in an informal complaint, a grievance, or grievance appeal, only the inspector of institutional services, with the approval of the chief inspector or designee, has the authority to initiate disciplinary action against the inmate.

(H) Retaliation or the threat of retaliation for the use of the inmate grievance procedure is strictly prohibited. Any alleged or threatened retaliation may be pursued through the inmate grievance procedure. Appropriate disciplinary action shall be taken against any employee found to be in violation of this section.

(I) Grievance records are considered confidential and shall be maintained by the inspector of institutional services in a secure manner. No grievance records shall be placed in any inmate file which is available to the adult parole authority, except when the record is the basis of disciplinary action initiated by the inspector and authorized by the chief inspector.

(J) Only forms designated by the chief inspector may be used to file informal complaints, grievances and grievance appeals. Such forms shall be reasonably available to inmates regardless of their disciplinary status or classification. Inmates shall not be required to advise a staff member, other than the inspector of institutional services, of the reason the form is being requested.

(K) The inmate grievance procedure shall be comprised of three consecutive steps fully described below. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant, including complaints regarding policies, procedures, conditions of confinement or the actions of institutional staff. Whenever feasible, inmate complaints should be resolved at the lowest step possible. Informal complaints and grievances must contain specific information; dates, times, places, the event giving rise to the complaint and, if applicable, the name or names of personnel involved and the name or names of any witnesses. Specificity of the complaint provides institutional staff the opportunity to investigate the complaint and to take corrective action to address a valid complaint. In the event an inmate does not know the identity of the personnel involved, a "John/Jane Doe" complaint may be filed. However, the complaint shall be specific as to dates, times, places, physical descriptions of any unidentified personnel and the actions of said personnel giving rise to the complaint. Grievance appeals shall contain a clear, concise statement explaining the basis for the appeal.

(1) The filing of an informal complaint - step one:

Within fourteen calendar days of the date of the event giving rise to the complaint, the inmate shall file an informal complaint to the direct supervisor of the staff member, or department most directly responsible for the particular subject matter of the complaint. Staff shall respond in writing within seven calendar days of receipt of the informal complaint. If the inmate has not received a written response from the staff member within a reasonable time, the inmate should immediately contact the inspector of institutional services either in writing or during regular open office hours. The inspector of institutional services shall take prompt action to ensure that a written response is provided to the informal complaint within four calendar days. If a response is not provided by the end of the fourth day, the informal complaint step is automatically waived. Informal complaint responses should reflect an understanding of the inmate's complaint, be responsive to the issue, cite any relevant departmental or institutional rules or policies and specify the action taken, if any. The inspector of institutional services shall monitor staff compliance with the informal complaint process. Any pattern of non-compliance by staff shall be reported to the warden for appropriate action. The filing of an informal complaint may be waived if it is determined by the inspector of institutional services that there is a substantial risk of physical injury to the grievant, the complaint is filed pursuant to rule 5120-9-03 or 5120-9-04 of the Administrative Code, paragraph (H) of this rule, or for other good cause.

(2) The filing of the notification of grievance - step two:

If the inmate is dissatisfied with the informal complaint response, or the informal complaint process has been waived, the inmate may obtain a notification of grievance form from the inspector of institutional services. All inmate grievances must be filed by the inmate no later than fourteen calendar days from the date of the informal complaint response or waiver of the informal complaint step. The inspector of institutional services may also waive the timeframe for the filing of the notification of grievance, for good cause. The inspector of institutional services shall provide a written response to the grievance within fourteen calendar days of receipt. The written response shall summarize the inmate's complaint, describe what steps were taken to investigate the complaint and the inspector of institutional service's findings and decision. The inspector of institutional services may extend the time in which to respond, for good cause, with notice to the inmate. The chief inspector or designee shall be notified of all extensions. Any extension exceeding twenty-eight calendar days from the date the response was due must be approved by the chief inspector or designee. Expedited responses shall be made to those grievances that, as determined by the inspector of institutional services, present a substantial risk of physical injury to the grievant or for other good cause.

(3) The filing of an appeal of the disposition of grievance - step three:

If the inmate is dissatisfied with the disposition of grievance, the inmate may request an appeal form from the inspector of institutional services. The appeal must then be filed to the office of the chief inspector within fourteen calendar days of the date of the disposition of grievance. For good cause the chief inspector or designee(s) may waive such time limits. The chief inspector or designee(s) shall provide a written response within thirty calendar days of receipt of the appeal. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final. Grievance appeals concerning medical diagnosis or a specific course of treatment shall be investigated and responded to by a health care professional.

(L) Appropriate remedies for valid grievances shall be provided. Potential remedies may include, but are not limited to: changes to institutional policies or procedures, the implementation of new policies or procedures, and/or corrective action specific to the inmate's complaint. (For example, a correction to the inmate's account, locating lost property, etc.) If the resolution of a grievance or portion thereof, is not within the scope of authority of the inspector of institutional services, the inspector of institutional services shall submit the findings and recommendations concerning the grievance to the warden for the warden's approval, modification or disapproval. The warden shall respond in writing to the inspector of institutional services within fourteen calendar days. The inspector of institutional services shall provide to the office of the chief inspector the report to the warden, that includes the warden's decision.

(M) Grievances against the warden or inspector of institutional services must be filed directly to the office of the chief inspector within thirty calendar days of the event giving rise to the complaint. Such grievances must show that the warden or inspector of institutional services was personally and knowingly involved in a violation of law, rule or policy, or personally and knowingly approved or condoned such a violation. The chief inspector or designee(s) shall respond in writing within thirty calendar days of receipt of the grievance. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.06 , 5120.42
Rule Amplifies: 5120.01 , 5120.06 , 5120.42
Prior Effective Dates: 12/31/76, 2/20/78, 7/10/80, 1/1/2002, 8/01/2004, 01/20/2006, 05/01/2008

5120-9-32 Inmate property claims.

(A) If an inmate in a state correctional institution has a claim against the department of rehabilitation and correction for the loss of or damage to personal property and the amount claimed does not exceed three hundred dollars, before commencing an action against the department of rehabilitation and correction in the court of claims of Ohio, the inmate shall first attempt to resolve the matter by following the inmate grievance procedure as set forth in rule 5120-9-31 of the Administrative Code.

(B) The claim shall be filed as a grievance no later than ninety days prior to the expiration of the time allowed for commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code. Pursuant to section 2743.16 of the Revised Code, civil actions against the state for the loss of or damage to personal property shall be commenced no later than two years after the date of accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. The filing of the claim as a grievance does not toll the time allowed for the commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code.

(C) The inspector of institutional services shall provide a written response to the claim filed as a grievance within fourteen calendar days of receipt. The written response shall summarize the inmate's claim, describe what steps were taken to investigate the claim, and the inspector of institutional service's findings and decision. If the inmate's claim is determined to have merit, the inspector of institutional services, subject to the warden's concurrence, shall make an offer to compromise the claim to the inmate.

(D) If the inmate accepts the offer to compromise, a payment shall be made to the inmate's institutional account from general revenue funds appropriated to the department of rehabilitation and correction. Such payment is subject to withdrawal from such account as may be necessary to pay a court ordered obligation pursuant to rule 5120-5-03 of the Administrative Code. The inmate's acceptance of an offer to compromise and payment credited to the inmate's institutional account shall constitute a full and complete release of liability for the claim. Such a compromise payment shall be the exclusive remedy against the department of rehabilitation and correction and the state of Ohio.

(E) If the department of rehabilitation and correction denies the grievance or does not compromise the claim at least sixty days prior to the expiration of the time allowed for the commencement of an civil action based upon the loss or damage under section 2743.16 of the Revised Code, as set forth in paragraph (B) of this rule, the inmate may commence an action in the court of claims of Ohio under Chapter 2743 of the Revised Code to recover damages for the loss or damage.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/07/2010 and 01/12/2015
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 2743.02
Rule Amplifies: 2743.02
Prior Effective Dates: 06/01/2004

5120-9-33 Packages and property restrictions.

(A) In addition to the state-provided basic necessities, inmates may be permitted, subject to the limitations and conditions described in this rule, to possess certain items of personal property, which are not state issued.

(B) Excluding large titled items (e.g., televisions and typewriters etc.), state issued bedding, coats/jackets, and permitted shoes, an inmate may not possess more than 2.4 cubic feet of combined state and personal property unless specifically authorized pursuant to this rule.

(C) Individual items of personal property possessed by an inmate shall not exceed the value limit for that item. Individual value limits shall be reasonable and shall not unreasonably deprive the inmate of the ability to make purchases. The director shall approve a list of allowable items of personal property and the associated value limits. The list shall be distributed to all institutions and affirmatively communicated to the inmate population.

(D) Each inmate is responsible for ensuring that his personal property remain in conformity with the foregoing limitations. Property in excess of these limitations will be deemed contraband and disposed of pursuant to rule 5120-9-55 of the Administrative Code.

(E) Inmates may possess only personal property items received through an institutional commissary, and/or vendors identified by the director or designee.

(1) Inmates may order and receive food packages only from the vendor approved by the director or designee.

(2) Inmates may order and receive sundry packages (non-food personal property) only from vendors approved by the director or designee.

(3) Family members, friends and others (regardless of their inclusion on the inmate's approved visitation list) may order food and/or sundry packages, subject to the limitations of this rule, from the approved vendor or vendors, for the benefit of a designated inmate.

(F) Information on approved vendors, product availability and making purchases will be appropriately provided to inmates, family members and other interested parties.

(G) Inmates assigned to institutions with the following security designations are eligible to receive the corresponding total number of packages per year from any of the approved sources, subject to the exceptions noted below:

image: oh/admin/2014/5120-9-33_ff_a_ru_20100405_1149-1.png

Institutions whose physical construction facilitates the housing of inmates by different security designations shall permit inmates to receive packages according to their individual security level.

Exceptions: Non-cadre inmates assigned to a reception center, or inmates temporarily assigned to a medical center, may not receive packages. Inmates sent to outside hospitals, or inmates in disciplinary control, local control, an intensive prison program as identified by rule 5120-11-02 of the Administrative Code, or any other status specifically designated by the director may not receive packages.

(H) The director or designee may grant a warden's written request to include or exclude certain items of personal property based on the security, safety, space, control or other needs of a particular institution or individual. Approved institutional changes will be communicated in writing to the chief inspector and posted in the affected institution(s) as appropriate. Wardens shall have the authority to establish institutional rules governing the storage of inmate legal materials and commissary items.

(I) With the exception of any property excluded pursuant to paragraph (H) of this rule, inmates who legitimately possess personal property prior to April 1, 2000, may be permitted to retain (grandfather) said property until such time as said property becomes unusable. Institutional staff will ensure that any inmate's personal property being transferred to or received from another state correctional facility conforms to the 2.4 cubic foot limitation.

(J) Inmates shall not trade, sell, barter, loan, or give away any personal property to another inmate. Inmates shall maintain proof of ownership for all property possessed. Failure to maintain proof of ownership may result in denied claims for lost property. Inmates are responsible for immediately reporting a theft or loss and institutional personnel are responsible for conducting a timely investigation. Inmates may not order a food or sundry package for another inmate.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/08/2010 and 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.36
Rule Amplifies: 2921.36 , 5120.36 , 5120.42
Prior Effective Dates: 12/31/76, 1/13/79, 7/18/83, 6/1/87, 4/1/2000, 4/1/2005, 1/1/2007, 6/1/2009

5120-9-34 Community education and work assignment time.

The purpose of this rule is to afford inmates of state penal institutions, on a selected basis, with adequate security, the opportunity to participate in educational and/or vocational programs, and community service programs which will implement the rehabilitative goal of the correctional system of the state of Ohio.

(A) Definitions. As used in this rule the following terms shall mean:

(1) "Institution" means any state penal institution, state prison, state reformatory or correctional or physical or mental treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction.

(2) "Inmate" means a person who is imprisoned in an institution.

(3) "Community service program" means a program under which inmates may be granted permission to be temporarily absent from the premises of an institution for the purpose of volunteer work in the community or for such other community service programs which are specifically approved in writing by the director of the Ohio department of rehabilitation and correction and the managing officer of the institution in which the inmate is confined. The director of the Ohio department of rehabilitation and correction shall keep accessible records of all such programs, events, or activities which have been approved by him.

(4) "Education or vocational program" means a program under which inmates may be granted permission to leave the premises of an institution for the purpose of attending educational or vocational education classes or participating in a program or course of study of that nature, said programs to be approved in writing by the director of the Ohio department of rehabilitation and correction. The director of the department of rehabilitation and correction shall keep accessible records of all such programs which have been approved by him.

(B) No inmate classified as maximum security shall be eligible to participate in community service programs, educational or vocational programs, as provided for in this rule. Inmates classified as medium security may be eligible for such programs, but only pursuant to paragraph (C) (4) of this rule.

(C) An inmate shall not be permitted to participate in programs pursuant to the provisions of this rule unless, and until, the managing officer of the institution and the director or his designee affirmatively and specifically finds the following facts, which must be set forth in writing:

(1) That the inmate has not been committed on more than one occasion for a felony that is an offense of violence as defined in section 2901.01 of the Revised Code.

(2) That the inmate has not been committed for the commission of felonies on more than two separate occasions.

(3) That the inmate's participation in community service, educational, or vocational programs pursuant to the provisions of this rule is consistent with the safety of the community and is in the best interests of rehabilitation with respect to the inmate.

(4) Any exception to paragraphs (A)(1) and (A)(2) of this rule must be recommended by the classification committee and approved by the director or his designee for compelling reason(s).

(D) The managing officer of the institution shall provide a system for checking out and checking in all inmates who participate in community service, educational, or vocational programs pursuant to this rule, which system shall reflect:

(1) The name of the inmate and inmate number.

(2) The date and time when the inmate left the institution.

(3) The destination for which the inmate is bound.

(4) The date and time that the inmate returned to the institution.

(5) The name of the person charged with supervising the inmate.

(E) The managing officer of the institution shall keep accessible records of all inmates who are participating in community service, educational, or vocational programs pursuant to this rule, including the date and time of their temporary absence from the institution, their destination, and the date and time of their return to the institution.

(F) During all times when an inmate is temporarily absent from an institution pursuant to the provisions of this rule, the inmate shall:

(1) Be under the direct, immediate, and personal supervision and control of a correctional officer , an employee of the institution , or a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card;

(2) Directly and promptly proceed to the destination using the approved method of transportation and route, and shall not deviate from the purpose and destination of the inmate's community service, educational, or vocational program;

(3) Remain at or within the area designated as the destination of the inmate's community service, educational, or vocational program;

(4) Obey all orders, commands, and instructions of the correctional officer or the approved person responsible for supervising and controlling the inmate;

(5) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs ;

(6) Not violate any law of the United States, the state of Ohio, or any municipal ordinance;

(7) Work diligently and display proper conduct;

(8) Return to the institution immediately and without delay at the time scheduled for return using the approved method of transportation, and shall not deviate from the institutional destination.

(G) Any inmate who violates any of the provisions of paragraph (F) of this rule shall be subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code. The institutional correctional officer or approved person responsible for supervising and controlling the inmate shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (F) of this rule which are committed in his or her presence or which he or she is aware of, and an acknowledgement of this duty shall be made in writing by all such persons , other than an institutional guard.

(H) The managing officer of the institution shall have the affirmative duty to notify, in writing, the director and the appropriate law enforcement agencies immediately of any escape, walkaway, or failure of an inmate to return from a community service, educational, or vocational program.

(I) Prior to the approval of an inmate's application filed pursuant to this rule, a form setting forth the provisions of paragraphs (F) and (G) of this rule will be provided to the inmate, who shall execute, in writing, the inmate's understanding thereof and that the inmate agrees to abide by and be bound by those provisions.

(J) No inmate shall be outside of the institution except pursuant to the provisions of this rule, pursuant to section 2967.26 of the Revised Code, or pursuant to any other program established by an act of the general assembly of the state of Ohio.

Effective: 07/15/2011
R.C. 119.032 review dates: 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5145.03
Prior Effective Dates: 12/31/76, 4/9/82, 7/18/83

5120-9-37 Inmate group activities.

(A) No inmate shall be permitted to become an active member in any group within an institution until that group has been approved pursuant to this rule. An "unauthorized group" is defined as:

(1) An association of two or more persons with common characteristics (e.g., sharing a common interest, activity or purpose; acting in concert on an ongoing or recurrent basis; having a highly organized or loosely structured internal organization; recognizing themselves as a distinct group) which serves to distinguish that association from other inmates or groups, and;

(2) Has not been approved by the department pursuant to this rule or any departmental directive.

(B) An inmate shall not knowingly or intentionally engage in, whether individually or in concert with others:

(1) Forming, organizing, promoting, encouraging, recruiting for, or participating in, etc., an unauthorized group;

(2) Possessing, creating, reproducing, using or circulating, etc., any material related to an unauthorized group;

(3) Communicating support of, association with, or involvement in any unauthorized group. The form of communication may be verbal (written or spoken) as through codes, jargon, etc., or non-verbal (conduct as through hand signs, symbols, displays, drawings, graffiti, distinctive clothing, hairstyles, colors, ornaments, etc.;

(4) Participating in criminal activities, or disruptive activities such as disturbances, riots, fostering racial or religious hatred, or union activities; and,

(5) Violating institutional rules or directives or state or federal laws.

(C) When inmates engage in group activities when that group has not been authorized pursuant to this rule, or a group has received authorization pursuant to this rule, but engages in activities inconsistent with or beyond those authorized, such inmate and or group shall be deemed to be engaged in unauthorized group activities and subject to discipline consistent with rules 5120-9-06 , 5120-9-07 and 5120-9-08 of the Administrative Code.

(D) When an inmate is charged with unauthorized group activity the conduct report shall indicate that the charge is brought under this rule, describe with specificity the alleged conduct forming the basis of the charge, and cite the pertinent identified sub-section of this rule that describes the unauthorized group activity prohibited.

(E) Inmates who wish to form an authorized group shall first file with the warden or designee a request for authorization to collect information to form the group. The request for authorization shall allow the inmates wishing to form a group to associate and communicate with other inmates for the sole purpose of gathering information to prepare the documents required to support a formal request to form a group. The request for authorization to associate and communicate shall state the nature and purpose of the proposed group. The warden or designee shall either grant or deny the request for authorization to associate and communicate within thirty days of receipt of the request. A denial shall state the reasons therefore. Inmates who wish to participate in religious group activities shall contact the institution's chaplain to ascertain the specific requirements for processing such a request.

(F) Inmates who are granted authorization to associate and communicate may confer with and recruit other inmates to participate in the proposed group. This authorization is limited to the extent necessary to gather the information to prepare documents required for the formal request to form a group. The limited authorization to associate and communicate shall expire within thirty days from the date it was granted.

(G) Within the thirty-day period following the authorization to associate and communicate, an inmate may file with the warden or designee a formal request to form a group. The formal request shall include the following:

(1) The name of the group;

(2) Any affiliation, directly or indirectly, with any other group within or outside the institution;

(3) The names of the person(s) interested in forming the group;

(4) The group's charter, constitution, or bylaws; or all three documents if appropriate;

(5) The group's objectives and proposed activities;

(6) The institutional services and resources, such as staff time or meeting rooms, needed for the group's activities;

(7) The anticipated length and frequency of group meetings or activities;

(8) Financial support desired from the institution, if any, including how long the group expects to need such support;

(9) Group methods, including recruiting new members;

(10) The need for the group and why no other existing group within the institution or the department can meet the needs of the applicant(s).

(H) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the warden or designee, shall submit the formal request, along with the warden's recommendations, to the director or designee.

(I) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the director or designee shall, in writing, approve or deny, in whole or in part, the formal request. A denial shall state the reasons therefore.

(J) No group shall be recognized, or an active membership permitted, in any group which the warden has reason to believe constitutes a risk to the security of the institution or personnel, is detrimental to the best interests of the inmates, or would work in opposition to the orderly function and operation of the institution.

(K) Each inmate group shall submit an annual report to the warden which shall include the name of the group, its purpose, the number of inmate members, its accomplishments during the previous year, its general effect on the inmate population, and the benefits, if any, derived by its members. A review of the conduct of the members during the preceding year shall also be conducted. Each warden shall then submit an annual report to the director or designee describing all active inmate groups and their activities.

(L) Each inmate group shall have a group advisor who shall be assigned by the warden from the institutional staff. Such group advisor shall attend all meetings of the inmate group. The group advisor shall review the conduct records of the members on an annual basis, and shall submit a written summary of such review at the time of the group's annual report.

(M) The director or designee may revoke a group's authority to continue to function as a group and to engage in organized group activities. In that event, the director or his designee shall notify the group in writing of the revocation and reason(s) therefore.

Replaces: 5120-9-37

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01 , 5120.42
Prior Effective Dates: 5-26-73; 10-11-82; 7-18-83; 3-21-97; 4-1-05

5120-9-38 Symbols of inmate groups.

(A) Authorized inmate groups may adopt a symbol, representing evidence of membership in an authorized group with the prior approval of the warden or designee.

(B) Such symbols may be in the form of rings, pins, bracelets, necklaces, or medallions, to the extent that such jewelry items are in accordance with inmate grooming and appearance and inmate personal property limitations.

(C) Such symbols may be disapproved. Disapproval may be based on size, weight, obscenity or the capability to be used as a weapon or to conceal contraband or other legitimate penological interests.

(D) Wardens may promulgate regulations limiting times and places where symbols may be worn, especially if they constitute a safety hazard, such as wearing medallions around machinery.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 4-15-74; 4-1-05

5120-9-39 Restoration of voting rights for individuals convicted of crimes.

Information pertaining to voting rights and the eligibility requirements governing the restoration of those rights for individuals with criminal convictions shall be made accessible to offenders at all correctional facilities and adult parole authority field offices. Such information shall be made available through published materials, and posted on the official website of the Ohio department of rehabilitation and correction.

The information shall be updated, as necessary, by the Ohio department of rehabilitation and correction in response to any legislative revisions affecting the eligibility requirements pertaining to indiviudals with criminal convictions.

Effective: 06/21/2013
R.C. 119.032 review dates: 06/19/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01

5120-9-40 Inmate newspapers.

(A) Inmate newspapers may be published within institutions when approved by the warden. Inmate newspapers and their contents shall be under the administrative control and supervision of a staff member designated by the warden.

(B) All articles submitted for publication must be signed, but names may be withheld on request.

(C) Written consent by the owner or publisher of material already printed must be obtained before republication in the institutional publication. When one source is frequently used for material, a blanket approval for publication may be sought.

(D) All costs incurred in the publication of an inmate newspaper shall be charged against the inmates' industrial and entertainment fund.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 7-1-73; 10-11-82; 4-1-05

5120-9-41 [Rescinded].

Rescinded eff 4-1-05

5120-9-42 Barber or haircutting services. [Rescinded].

Rescinded eff 4-1-05

5120-9-44 Clergy substitute for regular, full-time state-employed clergy.

(A) Regular, full-time, state-employed chaplains on approved leave from their institutions shall be responsible for securing the services of substitute clergymen to perform designated duties.

(B) In the event institutional chaplains are unavailable, and non-institutional chaplains are needed, the chaplain shall attempt to secure the services of a volunteer clergyman, or one for whom the chaplain has previously substituted or for whom a service has been provided and for which an exchange of services is both reasonable and appropriate.

(C) The name of each substitute clergyman and duties performed shall be promptly forwarded to the administrator of religious services after such services are performed.

(D) In the event such services are unavailable except upon a fee basis, the concerned chaplain shall recommend in writing to the administrator of religious services a suitable substitute clergyman, state his fee schedule, and state the rate reasonably paid substitute clergyman in private churches in the community in which the institute is situated. No substitute clergyman shall be retained on a fee basis nor shall any contract with a substitute clergyman be valid unless approved in writing by the administrator of religious services. Such contract shall specify the dates, hours, and places of services to be performed.

(E) Immediately after performing the agreed-upon services, a substitute clergyman under a fee contract shall submit an invoice to the chaplain on leave. The substitute clergyman shall sign the invoice, provide his home mailing address, his social security number, make reference to the contract and date of contract, and state the dates, hours, and places of services performed.

(F) Upon receipt of such invoice, the chaplain for whom the substitution was made shall forward to the administrator of religious services copies of the invoice, the voucher, and a cover letter indicating his payroll name and social security number. The cover letter shall contain the dates for which the chaplain was on approved leave. The voucher shall thereafter be submitted to the business manager at the applicable institution for payment.

(G) Substitute chaplains shall have only such authority as is reasonable and necessary to fulfill their appointments.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 8-24-73; 4-1-05

5120-9-45 Temporary exclusion from educational requirement.

(A) Except as provided by this rule, all inmates who have not obtained a high school diploma or equivalency shall take courses leading toward an Ohio certificate of high school equivalence, an Ohio high school diploma pursuant to section 3313.61 of the Revised Code, or courses that provide vocational training.

(B) The department may exclude certain inmates from the requirement to take courses as described in paragraph (A) of this rule for clearly established medical, mental health or security reasons pursuant to section 5145.06 of the Revised Code. Such exclusion from the mandatory requirement shall be temporary in nature, based on the criteria established by this rule, and pursuant to the procedure established in this rule.

(C) The warden of each correctional facility shall establish an education exclusion review committee. The committee shall be comprised of the health care administrator of the facility, the mental health administrator or mental health manager of the facility, and the principal or assistant principal of the facility. The warden may designate other competent and credentialed staff persons to the committee in place of the named positions. The committee shall meet when necessary to review applications for exclusion at the direction of the warden, but shall meet no less than once every six months. The warden may designate a staff person to assist the committee, and to ensure its adherence to time frames as described in this rule. Staff members are entitled to no additional compensation for service on this committee.

(D) Any correctional facility staff member or inmate may submit a request for an exclusion from the requirement to take courses. The request for exclusion shall be submitted on a form designated for that purpose. The request for exclusion shall be directed to the warden, who shall refer it to the committee.

(E) Any request for exclusion from the requirement to take courses shall describe what condition or circumstance supports the exclusion of the particular inmate from the requirement to take courses. The criteria for exclusion from the requirement to take courses are as follows:

(1) Medical. A request for exclusion based on medical reasons shall be accompanied by a written statement from the institutional physician that the inmate, based on a diagnosed medical condition, is incapable of meaningful participation in an educational class or vocational training environment.

(2) Mental health. A request for exclusion based on mental health reasons shall be accompanied by a written statement from the institutional mental health administrator or mental health manager that the inmate, based on a diagnosed mental health condition, is incapable of meaningful participation in an educational class or vocational training environment.

(3) Security. Inmates in security control, disciplinary control, or local control, who are on death row, or have a security level of 5-A or 5-B, are excluded from the educational requirement for security reasons. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their security status.

(4) Inmates admitted as patients to correctional medical center, Frazier health center and the Oakwood correctional facility are excluded from the educational requirement, while in patient status. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their medical or mental health status.

(F) The educational exclusion review committee shall review each request for exclusion within thirty days after its referral from the warden. The committee may require institutional staff to provide additional information if necessary. The committee shall either approve or deny the request and provide a written determination to the staff person submitting the request, to the inmate, to the education department, and to the warden.

(G) The grant of exclusion from mandatory education is in effect until the circumstances of the inmate changes or for a six-month period, whichever is shorter. The committee shall review each grant of exclusion, and may require institutional staff to provide updated information if necessary. The committee may continue, modify, or remove the exclusion as warranted. The committee shall provide a written determination of its review to the inmate, the education department, the referring clinical area when applicable and to the warden.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5145.06
Rule Amplifies: 5145.06
Prior Effective Dates: 08/08/2003, 02/09/2009

5120-9-47 Sanctions for filing frivolous actions.

(A) At any time, and upon its own motion or on the motion of a party, a court may conduct an inquiry into whether any civil action or appeal brought by an inmate was brought in good faith. An inmate who is found by a court to have brought a frivolous civil action or appeal in any court of this state or in any federal court, or who is found by a state court to have brought a malicious civil action or appeal, or who is found by a state court to have filed false allegations of indigency in a poverty affidavit, or who is found by a state court to have filed additional affidavits relating to waiver, prior actions or appeals, and grievances, as set forth in section 2969.25 and 2969.26 of the Revised Code, that were materially false, is subject to loss of certain privileges and or extra work duty.

(B) If a court issues such a written finding and forwards it to the appropriate institution for further action, the warden or designee shall, within a reasonable time, impose upon that inmate, one or more of the following sanctions:

(1) Extra work duty, without compensation, for not more than sixty days;

(2) The loss of commissary privileges for not more than sixty days;

(3) The loss of television privileges for not more than sixty days;

(4) The loss of radio privileges for not more than sixty days;

(5) The loss of recreational activity privileges for not more than sixty days;

(6) The loss of sundry package privileges for one time in any calendar year.

(C) The inmate shall receive written notice of the wardens or designees sanction(s) along with a copy of the courts finding. Department employees are not required to grant the inmate any further process.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.011
Rule Amplifies: 5120.011 , 2969.24 , 2969.25 , 2969.26
Prior Effective Dates: 5/22/97

5120-9-49 Public Records.

(A) A "record" means any item that is kept by the department of rehabilitation and correction (department) that:

(1) is stored on a fixed medium,

(2) is created, received, or sent under the jurisdiction of a public office and

(3) documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department. "Public record" means records kept by the department unless exempted by any provision of the Ohio Revised Code or other binding legal authorities. The records of the department that shall be deemed public records include, but are not limited to, the following:

(1) Rules of general applicability and procedure (i.e., rules of the Ohio Administrative Code) and statements of general policy (i.e., department policies exclusive of security).

(2) Charges and decisions in inmate disciplinary cases.

(3) Non-security related manuals and instructions.

(4) Determinations, orders and minutes made by the adult parole authority, including the parole board, resulting from any hearing required by law or Chapter 5120:1-1 of the Administrative Code.

(B) The following documents are not public records:

(1) Records, the release of which is prohibited by state law (e.g., all records referred to in section 5120.21 of the Revised Code, attorney-client privilege, attorney work product, and trade secrets) or federal law. See division (A)(1)(v) of section 149.43 of the Revised Code.

(2) Medical records that pertain to the medical history, diagnosis, prognosis, or medical condition of an inmate and that is generated and maintained in the process of medical treatment. "Medical records" does not include any document relating to birth, deaths, and the fact of admission to or discharge from a hospital. See divisions (A)(1)(a) and (A)(3) of section 149.43 of the Revised Code. However, pursuant to division (C) of section 5120.21 of the Revised Code, inmate medical and mental health records may be released, once every twelve months, if the inmate or former inmate to whom the record pertains, signs a written request designating a licensed attorney or licensed physician to receive the records and the designee signs on letterhead a request for the records. The executor or designated administrator of a deceased inmate's estate may request that inmate's medical records along with a designated attorney or physician.

(3) Recovery services files and information that would identify an offender or employee receiving alcohol and/or drug treatment. See section 3793.13 of the Revised Code.

(4) Information provided to the office of victim services by a victim of crime or a victim representative designated under section 2930.02 of the Revised Code for the purpose of program participation, of receiving services, or to communicate acts of an inmate or person under the supervision of the adult parole authority that threaten the safety and security of the victim. See section 5120.60 of the Revised Code.

(5) Residential and familial information of parole officers and correctional employees. See division (A)(7) of section 149.43 of the Revised Code.

(a) Under this rule, "correctional employee" means any department employee who in the course of performing job duties has or has had contact with inmates or persons under supervision. Under this rule, "residential and familial information" means any information that discloses any of the following about a correctional employee or a parole officer:

(i) Residential street address (the state and political subdivision are a public record).

(ii) Information that is compiled from referral to or participation in an employee assistance program.

(iii) Social security number.

(iv) Residential and emergency telephone numbers.

(v) Numbers of bank accounts (e.g., direct deposits) and debit, charge, and credit cards.

(vi) Medical information.

(vii) The name of any beneficiary of employment benefits (e.g., life insurance).

(viii) The identity and amount of any charitable or employment benefit deduction (e.g., insurance for health, dental, vision, life, and disability, union dues, and leave donation).

(ix) Name, residential address, employer name and address, social security number, residential or emergency telephone numbers, numbers of bank accounts and debit, charge, and credit cards of the spouse, former spouse, or children.

(b) A journalist may obtain the residential street address of a correctional employee or parole officer, as well as the name and address of that person's spouse, former spouse, or children, if employed by a public office. See division (B)(9) of section 149.43 of the Revised Code. To obtain this information, the journalist must submit a written request, which includes the journalist's name and title, the employer's name and address, and a statement that release of the information is in the public interest.

(c) For a department employee that does not meet the definitions of correctional employee or parole officer, their home address may not be a public record. The analysis is whether the address is a "record," in that it documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department. For example, if a department employee is required to live in a certain area as a condition of employment, the portion of the home address that documents compliance with that condition is a record. If the address is kept by the department for administrative convenience, it is not a record.

(6) Infrastructure records. An "infrastructure record" means any record that discloses the configuration of the department's critical systems, such as its communications, computer, electrical, mechanical, ventilation, water, plumbing, or security systems. Infrastructure records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. Simple floor plans or records showing the spatial relationship components of the public office are not infrastructure records. See section 149.433 of the Revised Code. However, pursuant to section 5120.21 of the Revised Code, architectural, engineering, or construction diagrams, drawings, or plans of a correctional institution are not public records.

(7) Security records. A "security record" means any record that contains information directly used for protecting or maintaining the security of the department against attack, interference, sabotage, or to prevent, mitigate, or respond to acts of terrorism. Security records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. See section 149.433 of the Revised Code.

(8) Criminal history "rap sheets" obtained from the federal national crime information center system or through the state law enforcement automated data system. Also, records from the bureau of criminal identification and investigation. See section 3789 of 42 U.S.C. and section 109.57 of the Revised Code.

(9) Federal, state, and municipal income tax returns and social security numbers contained in personnel files. See section 6103 of 26 U.S.C. and section 5703.21 and 718.13 of the Revised Code. See section 552a of 5 U.S.C. for social security numbers.

(10) Public employee retirement system personal history information. See section 3307.20 of the Revised Code.

(11) Records of open internal Equal Employment Opportunity investigations are confidential law enforcement investigatory records under division (A)(1)(h) of section 149.43 of the Revised Code, if conducted pursuant to Chapter123:1-49 of the Administrative Code.

(12) Information contained in a certain employment record if the department employee whose information is recorded therein can demonstrate a high potential for victimization or a substantial risk of bodily harm or death from the release of such record.

(13) Pursuant to division (A)(2) of section 149.43 of the Revised Code, confidential law enforcement investigatory records pertaining to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature to the extent that the release of the record would create a high probability of disclosure of any of the following:

(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised.

(b) Specific confidential investigation techniques or procedures or specific investigatory work product.

(c) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.

(d) Information provided by an information source or witness to whom confidentially has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity.

(14) Personal information listed online (i.e., numbers for federal tax identification, social security, driver's license, state identification, and accounts for checking, savings, and credit cards) must be redacted upon a person's request pursuant to section 149.45 of the Revised Code.

(15) Records maintained by the department of youth services pertaining to children in its custody, that are released to the department for the limited purpose of carrying out the duties of the department. See division (A)(1)(l) of section 149.43 and section 5139.05 of the Revised Code.

(16) Reports of a pre-sentence investigation and an offender background investigation. The department may disclose, in a confidential manner, any such report to courts, law enforcement agencies, community-based correctional facilities, halfway houses, and medical, mental health, and substance abuse providers. Prior to such disclosure, the department shall redact the victim impact section and any information identifying a witness. See section 2951.03 of the Revised Code.

(17) Education records without student consent. School transcripts, attendance records, or other individually identifiable student records. See section 3319.321 of the Revised Code.

(18) Certain records that identify an inmate or former inmate concerning transfer of mentally ill or mentally retarded inmates from a department correctional institution to a psychiatric hospital. See section 5120.17 of the Revised Code.

(19) Department quality assurance records. See section 5120.211 of the Revised Code.

(20) Inmate records released by the department to the department of youth services or a court pursuant to division (E) of section 5120.21 of the Revised Code. See division (A)(1)(k) of section 149.43 of the Revised Code.

(C) Upon request from a representative of an approved news media organization or a private citizen, the following non-public information about an inmate, parolee, probationer or other releasee may be made available upon the prior approval from the department's bureau of communication or from the appropriate managing officer:

(1) Name and number.

(2) Age and date of birth.

(3) Race and sex.

(4) Physical description.

(5) Admission date.

(6) Sentencing entry.

(7) Prison transfers (i.e., dates and locations only).

(8) Outside court actions regarding confinement and release.

(9) Institutional work assignments.

(10) Security level.

(11) Prior department incarceration.

(12) Release eligibility and supervision history (i.e., date and type).

(13) Time at large (i.e., absconded or escaped).

(14) Death. The identity of a deceased inmate shall be withheld until next-of-kin have been notified or twenty-four hours following death, whichever occurs first.

(D) Rule 5120:1-1-36 of the Administrative Code lists certain non-public parole board records which may be disclosed, according to the procedures established in that rule, to the following representatives:

(1) Approved news media organizations.

(2) Government officials.

(3) Victims of any offense of commitment or a subsequent parole violation.

(4) An attorney designated by the victim or the inmate.

(E) The department must organize and maintain its records so that they can be made available in response to public requests. On receiving a public records request for specific, existing records, the department must provide prompt inspection at no cost during regular business hours, or provide copies at actual cost within a reasonable period of time, if requested. The department may withhold or redact specific records which are covered by an exception to the Public Records Act, but is required to give the requester an explanation and legal authority. If a requester makes an ambiguous or overly broad request, or the department believes that asking for, but not requiring, the request in writing, or for the requester's identity, or for the intended use of the requested information would benefit the requester by enhancing the ability of the department to provide the records, the Public Records Act provides for negotiation to help identify, locate, and deliver the requested records. In addition to denials justified by exceptions to the Public Records Act, the department may deny a request in the extreme circumstance where compliance would unreasonably interfere with the discharge of the department's duties.

(F) Non-public records of the department may, in the sole discretion of the director, or designee, be made available to counsel of record of an inmate or releasee, researchers, law enforcement agencies, or other persons with a need for access to such documents, subject to other restrictions on such access as may be provided by law.

Replaces: 5120-9-49

Effective: 09/15/2010
R.C. 119.032 review dates: 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 149.43 , 5120.21 , 5120.60 , 149.433 , 109.57 , 2930.02 , 3307.20 , 3793.13 , 5703.21 , 718.13 , 149.45 , 5139.05 , 2951.03 , 5120.17 , 3319.321 , 5120.211 , 42 U.S.C. 3789 , 26 U.S.C 6103 , 26 U.S.C 5 U.S.C. 552a
Prior Effective Dates: 8-1-80; 10-15-75; 11-17-97; 4-1-05

5120-9-50 Escorted inmate release for deathbed or private funeral home visit.

(A) As used in this rule:

(1) "Felony Commitment" means an admission to an adult correctional institution of this or any other state, or the United States to serve a prison term for one or more felony offenses.

(2) "Crime of an assaultive nature" means an offense in which the inmate caused or attempted to cause actual physical to a person.

(B) Inmates who are not likely to pose a threat to the public safety and who are statutorily eligible pursuant to division (C) of section 2967.27 of the Revised Code may, at the discretion and professional judgment of the warden, be permitted an escorted visit for the specific purpose of visiting a dying relative or attending a private viewing of a deceased relative.

(C) An inmate is statutorily ineligible if:

(1) The inmate has a record of more than two felony commitments (including the present charge). This means the inmate must not be serving his third or greater commitment at the time of the requested visit; or,

(2) The inmate has a record of two or more felony commitments (including the present charge) for a crime of an assaultive nature.

(D) For the purposes of this rule the sick or deceased relative must not be more distant than spouse, child, step-child, parent, step-parent, sibling, step- or half-sibling, grandparent or other person who has, in effect, been in such a relationship with the inmate.

(E) Wardens shall permit such inmate releases only upon receipt of information which verifies the relationship of the relative, and in cases of bedside visits, that the relative is in imminent danger of death. In cases of private funeral viewing the warden shall also verify the death of said relative.

(F) In determining the inmate's likelihood of posing a threat to the public safety the warden may consider all information available, including but not limited to the inmate's security level, any pending detainers, time remaining on the sentence(s) being served or until the inmate goes to the parole board, the inmate's security threat group affiliation, notoriety of the offense, in cases of a deceased relative, the cause of death of the deceased, the emotional stability of the inmate, the inmate's institutional adjustment, and any history of escape, attempted escape and/or absconding from any type of supervision such as probation or parole.

(G) Prior to approving an escorted bedside visit or private viewing the warden shall notify the department's office of victims' services so that the office may provide assistance to any victim or victims of the offense committed by the inmate and to members of the family of the victim.

(H) No escorted visits shall be permitted outside of the state of Ohio. The inmate and/or family of the inmate shall bear responsibility for the cost of escorting the inmate to the bedside or private funeral viewing. The cost shall be determined by the mileage for the trip, based on the current mileage compensation established by the department of administrative services for state agencies. Staff compensation shall not be a part of the cost. During the escort the inmate shall remain under the constant supervision of an employee of the department. The transporting employees are authorized to terminate the trip at any time if they determine that the security or safety of themselves, the public or the inmate cannot be maintained.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/08/2010 and 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 2967.27
Rule Amplifies: 2967.27
Prior Effective Dates: (former 848); Eff 12-31-76; 1-8-91; 10-12-04; 4-1-05

5120-9-51 Internet access for prisoners.

(A) No prisoner in a private correctional facility, county correctional facility, municipal correctional facility, or correctional institution under the control of the department of rehabilitation and correction shall access the internet through the use of a computer, computer network, computer system, computer services, or information service, unless the prisoner is under direct supervision and is participating in an approved educational program that requires the use of the internet for training or research purposes, and in accordance with this rule.

(B) No officer, employee or agent of a private correctional facility, county correctional facility, municipal correctional facility, or correctional institution under the control of the department of rehabilitation and correction shall provide access to or permit a prisoner to have access to the internet through the use of a computer, computer network, computer system, computer services, or information service, unless the prisoner is under direct supervision and is participating in an approved educational program that requires the use of the internet for training or research purposes, and in accordance with this rule.

(C) The Ohio central school system superintendent, or his or her designee, shall be the designated authority for the pre-approval of internet sites for authorized use. Only pre-approved sites will be accessible on the computers used by prisoners in the approved educational programs under this rule.

(D) For the department of rehabilitation and correction, the Ohio central school system superintendent, or his or her designee, shall also be responsible for periodic review of the operation of the system, including users of the system and sites accessed by the system. The Ohio central school system superintendent, or his or her designee, shall utilize available technology and/or services to ensure that access to the internet by inmates is restricted only to those sites pre-approved under this rule.

(E) Criteria by which inmates may be screened and approved for access or training involving the internet shall include the following:

(1) Program status. Only inmates already enrolled in approved programs shall be eligible for internet access under this rule. For the purposes of this rule, approved programs are: academic, vocational, release preparation, apprenticeship, advanced employment and training, and service learning programs.

(2) Institutional behavior. Inmates shall be eligible for internet access under this rule only if the inmate has no guilty rule violations for a period of ninety days prior to approved internet access, and maintains no guilty rule violations during the program.

(3) Security threat group status. No inmate with an active security threat group affiliation shall have internet access under this rule.

(4) The inmate's current security classification. Only inmates in level one, level two or level three classifications shall be permitted access to the internet under this rule.

(5) The inmate's current offense of commitment and past criminal conduct. Inmates serving, or who have served, a sentence for a sexually oriented offense, or for any crime involving the use of the internet or a computer to facilitate the commission of a crime, shall not be permitted access to the internet under this rule.

(F) For the department of rehabilitation and corrections, the Ohio central school system superintendent, or designee, shall have the discretion to deny access to the internet to inmates based upon security concerns or the institutional behavior of the inmate on a case by case basis.

(G) Officers, employees or agents of a correctional facility shall be subject to appropriate disciplinary measures for conduct in violation of this rule, and are subject to prosecution under section 2921.44 of the Revised Code.

(H) Inmates in a correctional institution under the control of the department of rehabilitation and correction shall be subject to a rule 49 violation; destruction, alteration or misuse of property and are subject to prosecution under division (C)(2) of section 5145.31 of the Revised Code. Inmates in a private correctional facility, as defined in section 9.06 or 9.07 of the Revised Code, are subject to prosecution under division (C)(2) of section 9.08 of the Revised Code. Inmates in a county correctional facility, as defined in division (A)(3) of section 341.42 of the Revised Code, are subject to prosecution under division (C)(2) of section 341.42 of the Revised Code. Inmates of a municipal jail facility, as defined by division (A)(3) of section 753.32 of the Revised Code, are subject to prosecution under division (C)(2) of section 753.32 of the Revised Code.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.62 .
Rule Amplifies: 5120.62 .
Prior Effective Dates: 11-1-00; 4-1-05

5120-9-52 Initial classification of inmates.

(A) The director shall designate one or more institutions as centers for the reception and classification of inmates received by the department.

(B) Classification shall include assigning the inmate to appropriate security and supervision levels, as well as determining programming needs to assist in the reentry of the inmate into the community. The director of designee shall establish standard admission procedures.

(C) The reception centers shall forward copies of all recommendations, reports, evaluations and other relevant information on an inmate to the bureau of classification. After a review of the available records the bureau of classification shall designate a security level of 1, 2, 3, 4 or 5 and assign the inmate to an appropriate institution. Factors to be considered in designating an inmate's initial security level and institution assignment shall include but not be limited to the following:

(1) Nature or seriousness of the offense for which the inmate was committed;

(2) Length of sentence for which the inmate was committed;

(3) Medical and mental health status;

(4) Previous experience while on parole, furlough, probation, post release control, administrative release or while under any other form of correctional supervision.

(5) Nature of prior criminal conduct as shown by the official record;

(6) Age of inmate;

(7) Potential for escape;

(8) Potential of danger to the inmate, other inmates, staff, or the community through the inmate's actions or actions of others;

(9) Availability of housing, work, and programming at the various institutions;

(10) The physical facilities of an institution;

(11) Any other relevant information contained in the reports.

(D) The bureau of classification will, within the limits of the available resources, attempt to assign the inmate to an institution most compatible with his security and programming needs. The bureau shall forward a copy of the inmate's designated security level and institution assignment to the reception center. The reception center shall notify the inmate and advise the inmate that they may request in writing to the chief of the bureau of classification reconsideration of their security level and/or institution assignment. Such request shall be on a form designated for that purpose and state in detail the reasons supporting the request.

(E) During the period an inmate is incarcerated at a reception center, the inmate shall be given a temporary security level of level 3, which will remain in effect until the bureau of classification makes the security level and institution assignment and the appropriate transfer has been completed.

(F) The inmate's initial security level and institution assignment are subject to change either while the inmate is at the reception center or at the assigned institution, whenever additional documentation or information becomes available that would impact such assignments. Absent the receipt of any new information that would impact the inmate's initial assignment, security level and institution assignment shall not be modified except pursuant to rules 5120-9-21 and 5120-9-53 of the Administrative Code.

(G) Inmates may be assigned to an institution of a higher security level than the security level of the inmate due to program or institutional requirements. However, the security status of the institution to which the inmate is assigned shall not, alone, determine the security level of the inmate.

(H) All reports, documents, and materials completed during the reception and initial classification process shall become a permanent part of the inmate's files.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.11 , 5120.16
Prior Effective Dates: 11/10/75, 1/1/83, 7/18/83, 9/4/84, 5/8/06

5120-9-53 Classification committees.

(A) Each institution shall establish and maintain a classification committee(s). The committee shall include a unit manager or designee, and other members as appointed by the unit manager. The classification committee shall have jurisdiction over annual and special security level reviews, work assignments, community release screening, transfer requests, and program placement.

(B) Prior to a hearing of the classification committee the inmate shall be provided with notice no less than forty-eight hours prior, unless waived by the inmate. This notice shall inform the inmate of the purpose of the hearing, that the inmate may make or submit a written statement if the inmate chooses, and that the inmate has the right to meet with at least one member of the committee. This notice shall be on a form designated for that purpose.

(C) During a classification hearing the committee shall review and consider the inmate's needs, including programming needs reflected in the inmate's reentry accountability plan, evaluate placement and progress, security and any other relevant matters. Each inmate shall have a classification hearing no less than annually.

(D) After the classification committee hearing, the committee shall make a written summary of the hearing, including their recommendation and reasons for such recommendation and forward this to the warden or designee. The inmate shall be promptly notified of the recommendation of the committee and of the right to appeal the recommendation to the warden or designee. The notice to the inmate shall be on a form designated for that purpose. The warden or designee shall approve or disapprove the recommendation or make an alternative recommendation or decision. The warden's decision shall be communicated in writing to the inmate. Security level reviews and transfer request decisions may further be appealed to the bureau of classification.

Replaces: 5120-9-53

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.11 , 5120.16
Prior Effective Dates: 11/10/75, 1/1/83, 7/18/83, 9/4/84, 1/8/91, 5/8/06

5120-9-54 Attendance at execution. [Rescinded].

Rescinded eff 4-1-05

5120-9-55 Contraband.

(A) There shall be two classes of contraband as defined in this rule. Contraband shall be classified as "major" or "minor" contraband. This distinction shall determine the method or manner of disposition of such contraband.

(1) "Major contraband," as used in this rule, shall refer to items possessed by an inmate which, by their nature, use, or intended use, pose a threat to security or safety of inmates, staff or public, or disrupt the orderly operation of the facility. Major contraband also includes any material related to unauthorized group activity that is found in the possession of an inmate. Any items referred to in section 2921.36 of the Revised Code shall also be considered major contraband, including deadly weapons or dangerous ordnance, drugs of abuse, intoxicating liquor and cash.

(2) "Minor contraband", as used in this rule, shall refer to items possessed by an inmate without permission and:

(a) The location in which these items are discovered is improper; or

(b) The quantities in which an allowable item is possessed is prohibited; or

(c) The manner or method by which the item is obtained was improper; or

(d) An allowable item is possessed by an inmate in an altered form or condition.

(B) Any staff member who confiscates contraband from an inmate shall enter the fact of such confiscation on a log designed for such a purpose. The log shall specify the date of the confiscation, the person or inmate from whose possession the contraband was taken, if known, and a brief description of the contraband.

(C) Disposition of contraband: any item considered contraband under this rule may be confiscated.

(1) Minor contraband.

(a) When appropriate, such items should be returned to their proper locations or to their original owners. However, if the item came into the inmate's possession through a violation of the rules by the original owner, such item may not be returned to the owner, if the original owner is an inmate.

(b) Minor contraband received in the mail may be returned to the sender if the inmate agrees to pay postage costs.

(c) Minor contraband, valued at one hundred dollars or less, may, thirty days after confiscation, be destroyed, donated, or utilized by the institution for training or other official purposes by the order of the warden when the institution has attempted to contact or identify the owner of the personal property and those attempts have been unsuccessful or the inmate who owns the personal property agrees in writing to the disposal of the property in question.

(d) Minor contraband, valued at over one hundred dollars, which cannot be returned to the original owner if either an inmate or unknown and cannot be returned to sender, may, upon the issuance of an order of forfeiture by the court of common pleas in the county in which the institution is located, be destroyed or utilized by the institution for training or other official purposes, or sold at public auction. The warden may file a petition for forfeiture with the court, asking the order be issued. The petition shall attach a list of the property involved and shall state briefly why the property cannot be returned. Each institution shall record the manner in which the contraband was disposed. In the event a court of common pleas issues an order that forfeited contraband be sold at public auction, the institution shall deposit any money receved in the inmates' industrial and entertainment fund and record the date of disposition, the amount the forfeited contraband was sold for, and the name of any person who purchased the forfeited contraband at public auction.

(2) Major contraband.

(a) When criminal prosecution or disciplinary action is contemplated with respect to the contraband, it shall be locked in a secure area designated for contraband or turned over to local or state law enforcement authorities. Institutional personnel shall minimize any handling of such items until turned over to law enforcement authorities.

(b) When such items are no longer needed for disciplinary or criminal action, they shall be disposed of in accordance with the provisions of this rule.

(3) Contraband such as rings, watches, radios, televisions and tape players shall be stored in a secure place. Reasonable attempts should be made to return such items to their rightful owner if an inmate, or sent to the inmate's home at the inmate's expense. Contraband obtained in violation of the rules of the Administrative Code shall be subject to confiscation. If valuable contraband cannot be returned to the rightful owner, the warden may initiate forfeiture consistent with this rule.

(4) Confiscated money shall be processed in accordance with rule 5120-5-08 of the Administrative Code.

Effective: 11/11/2013
R.C. 119.032 review dates: 08/12/2013 and 01/10/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 2981.11
Rule Amplifies: 2981.11
Prior Effective Dates: 1/13/79, 1/8/91, 3/21/97, 2/10/04, 5/5/05, 4/15/10

5120-9-56 Denial of sentence deduction. [Rescinded].

Rescinded eff 4-1-05

5120-9-57 Prison nursery program and infants born during confinement.

(A) The "prison nursery program" is a program of the department of rehabilitation and correction that permits certain incarcerated women and the children born to them while incarcerated to reside together while the mother serves her sentence.

(B) Pregnant inmates received into the department of rehabilitation and correction may apply to participate in the prison nursery program.

(C) An inmate may be eligible to participate in the program if:

(1) She is pregnant at the time she is delivered into the custody of the department of rehabilitation and correction,

(2) She is subject to a prison term of not more than eighteen months,

(3) She has never been convicted of a violent crime or any type of child abuse, or child endangerment,

(4) She and her child meet established medical and mental health criteria,

(5) She is the legal custodian of the child,

(6) No one else has been granted custody or shared parenting privileges, and

(7) She meets any other criteria established by the department of rehabilitation and correction.

(D) In order to participate, each eligible inmate selected for the program must sign an agreement to the conditions of participation. Each inmate must agree to do all of the following:

(1) Comply with any programmatic requirements established by the department such as child development, parenting skills, education, domestic violence counseling, job or vocational counseling, and alcohol or other drug counseling.

(2) If eligible, have the child participate in the medicaid program or a health insurance program.

(3) Accept the normal risks of child-rearing.

(4) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child.

(5) Assign to the department any rights to child support from any person or governmental entity in accordance with sections 5120.652 and 5120.654 of the Revised Code.

(E) In the event the inmate's participation in the program is terminated before release, each inmate selected for the program shall specify with whom the child should be placed pending approval of the department of job and family services. The process is described in this rule and, rules 5101:2-42-60 and 5101:2-42-61 of the Administrative Code.

(F) The inmate's participation in the program may be terminated at the sole discretion of the department if:

(1) The inmate fails to comply with the conditions of participation agreement entered into under division (A) of section 5120.652 of the Revised Code.

(2) Either the inmate or child becomes seriously ill, cannot meet medical criteria established for the program by the department of rehabilitation and correction, or otherwise cannot safely participate in the program.

(3) A court issues an order that designates a person other than the inmate as the child's residential parent and legal custodian.

(4) A juvenile court, in an action brought pursuant to division (A)(2) of section 2151.23 of the Revised Code, grants custody of the child to a person other than the inmate.

(5) An order is issued pursuant to section 3109.04 of the Revised Code granting shared parenting of the child.

(6) An order of disposition regarding the child is issued pursuant to division (A)(2),

(A)

(3) , or (A)(4) of section 2151.353 of the Revised Code granting temporary, permanent, or legal custody of the child to a person, other than the inmate, or a public children services agency or private child placing agency.

(7) The inmate is released from imprisonment.

(G) The department shall establish a nursery advisory board to advise the department concerning the prison nursery program.

(H) The managing officer of each institution in which a prison nursery program is established shall:

(1) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program. This fund shall be maintained as a part of the industrial and entertainment fund as referenced in section 5120.131 of the Revised Code. Funds so maintained may be expended on general program expenses for the benefit of all participants in the program. Records of this fund shall be kept to allow accounting of the amounts deposited in and spent from the prison nursery program fund.

(2) Create and maintain an individual nursery account for each inmate participating in the prison nursery program to help pay for the support provided to the inmate and child pursuant to the program. Such funds shall be received and maintained in the inmate's personal account as referenced in section 5120.13 of the Revised Code. Such funds may be expended by the inmate at her discretion for any allowable expense.

(I) For all infants born to inmates who are ineligible for the prison nursery program, Ohio children services boards or county departments of human services which have assumed the administration of children services functions prescribed by Chapter 5153. of the Revised Code are responsible for investigating and recommending placement arrangements or arranging placements for infants born to inmates. The rules governing these functions are promulgated by the Ohio department of job and family services (rules 5101:2-42-60 and 5101:2-42-61 of the Administrative Code).

(J) Each institution under the jurisdiction of the director of the department of rehabilitation and correction in which female inmates are housed shall establish procedures for providing assistance in the placement of infants who are born to inmates ineligible for the prison nursery program. Such procedures shall include provisions for the coordination of services with hospitals and state and local children services agencies.

(K) Each institution shall comply with the following procedures:

(1) Each inmate shall receive a medical examination during the admissions process, and the examiner shall note observed symptoms of pregnancy or statements by the inmate concerning her pregnancy and the expected delivery date.

(2) An institutional case manager/parenting coordinator shall be notified as soon as practical of the inmate's pregnancy and her expected delivery date. If it is possible that the inmate will remain incarcerated as of the expected delivery date, the case manager/parenting coordinator shall interview the inmate to determine:

(a) The state and county of residence at the time that the inmate was sentenced to confinement in the department; and

(b) The county(s) having jurisdiction of the criminal case in which the inmate was convicted and sentenced to the department; and

(c) The inmate's preferred plan concerning the placement of the infant

(relatives, friends, public or private agency, etc.).

(3) The case manager/parenting coordinator shall, as soon as practical thereafter, notify the public childrens services agency in the Ohio county in which the inmate was a resident at the time she was sentenced and provide the following information to the agency:

(a) Name of inmate;

(b) Social security number;

(c) Prior address;

(d) Committing county;

(e) Name and address of child's father;

(f) Financial resources (self/spouse/parents);

(g) Parole hearing date or release date of inmate; (h) Expected delivery date;

(i) Baby placement choice and alternative placement;

(j) Name and phone number of referring case manager/parenting coordinator;

and

(k) Return address of institution.

In the event that the inmate was not an Ohio resident at the time that she was sentenced, the case manager/parenting coordinator shall provide the same notification to the public childrens services agency in the county having jurisdiction of the case in which the inmate was last convicted and sentenced.

(4) The case manager/parenting coordinator will inform the inmate of the approval or rejection by the responsible childrens services agency of the inmate's placement plan. The case manager/parenting coordinator will immediately inform the responsible agency of any change in circumstances reported by the inmate. All communications with the responsible agency will be documented.

(5) When ordered by the department's medical staff, the inmate shall be transferred to a hospital designated by the department. The case manager/parenting coordinator or other person designated by the managing officer of the institution shall notify the hospital of the agency identified in paragraph (K)(3) of this rule and shall take such other action necessary to effectuate the purpose of this rule.

(6) In the event that the agency identified in paragraph (K)(3) of this rule communicates its inability to assume custody and care of an infant, the case manager/parenting coordinator shall request intervention by the public childrens services agency in the county in which the child is hospitalized.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 5120.657
Rule Amplifies: 5120.65 to 5120.657
Prior Effective Dates: 4/5/2001

5120-9-58 Acquired immune deficiency syndrome.

(A) In conjunction with the Ohio department of health, the department of rehabilitation and correction shall conduct human immunodeficiency virus (hereafter "HIV") testing on all inmates upon admission.

(B) Testing for HIV at other times can be required of an inmate when ordered by a judge of appropriate jurisdiction or when the head of the institution has determined, based on good cause, that a test is necessary.

(C) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to institution or department staff members or contractors. Such disclosure shall only be made to staff and contractors who have a medical need to know and who are participating in the diagnosis, care or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition. Disclosure shall be made consistent with the appropriate protocol developed as required by division (B)(3) of section 3701.243 of the Revised Code.

(D) Inmates who have tested positive for the HIV virus or who have been diagnosed as having AIDS or an AIDS-related condition shall be assigned to such housing within the department of rehabilitation and correction as meets the medical and security needs of the inmate.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 2907.27 , 3701.242 , 3701.243 , 5120.01 , 5120.16
Rule Amplifies: 2907.27 , 3701.242 , 3701.243 , 5120.16
Prior Effective Dates: 11-1-89 (Emer.); 2-12-90; 4-1-05

5120-9-59 [Rescinded]Smoking and tobacco use in institutions.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/08/2010
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5145.32(Repealed)
Rule Amplifies: 5145.32(Repealed)
Prior Effective Dates: 1/1/2002

5120-9-60 Schedule of health care services.

(A) The department of rehabilitation and correction shall provide health care to incarcerated offenders under its custody based upon individual assessment of their medical needs in accordance with the best use of available resources and recognized correctional health care standards. All care that is deemed medically necessary by departmental physicians shall be provided, with an emphasis on preventive care and with priority given to ongoing care of disease-specific, serious medical conditions. The health care services described in this rule are available only to offenders incarcerated in a department correctional institution.

(B) The term "medically necessary" as used in this rule means care without which the offender could not be maintained without significant risk of loss of life, loss of limb or significant bodily function. It also includes care without which one could expect significant pain or discomfort, further serious deterioration of the offender's medical status and/or a significant reduction in the chance of successful repair after release.

(C) Inmates incarcerated in a correctional institution operated by the department of rehabilitation and correction may expect the following health care services:

(1) Admission health evaluation

(a) Comprehensive baseline health history including inquiry into:

(i) Current illnesses and health problems;

(ii) Dental problems;

(iii) Mental health problems, including suicide assessment;

(iv) Substance abuse history;

(v) Past and present treatment or hospitalization for mental health disturbances or suicide;

(vi) Screening for past or present infectious diseases, including tuberculosis skin testing;

(vii) Possibility of pregnancy (if applicable);

(viii) Any other health problems reported by the inmate.

(b) Comprehensive physical examination including:

(i) Examination by a physician or other advanced level health care provider;

(ii) Baseline lab work;

(iii) Screening for sexually transmitted diseases, as mandated;

(iv) Pregnancy test (females only);

(v) Other lab work deemed necessary by the physician or advanced level health care provider.

(c) Immunizations as medically necessary.

(d) Baseline dental examination including:

(i) Baseline dental screening;

(ii) Dental x-rays as indicated.

(e) Assignment of a medical classification based on the comprehensive history and physical examination.

(f) Institution assignment based on the determined medical classification.

(g) Orientation to prison health care system.

(2) Routine care:

(a) Unimpeded access to nursing and medical services through nursing sick call and medical sick call.

(b) Chronic care clinics. Care includes regular follow-up based on disease and symptom control:

(i) Cardiovascular;

(ii) Hypertension;

(iii) Diabetes;

(iv) Tuberculosis;

(v) HIV;

(vi) Pulmonary;

(vii) Seizure disorders;

(viii) Chronic liver disease, including hepatitis C;

(ix) Other chronic medical diseases as deemed necessary by the physician.

(3) Offer of regular physical examination:

(a) For all inmates over fifty years old, annual physical examinations to include:

(i) Complete vital signs;

(ii) Cancer screening tests as medically indicated;

(iii) Lab work as indicated;

(iv) Optometry examination (every two years);

(v) Dental examination;

(vi) Immunizations, offered as medically indicated;

(vii) Pelvic examination, pap smear and breast exam for all women;

(viii) Mammogram annually for all women over fifty years of age;

(ix) Testicular examination annually for all men over fifty years of age; (x) Digital rectal examination.

(b) For all inmates between the ages of forty and fifty, physical examinations every two years, to include:

(i) Optometry examination;

(ii) Dental examination (every year);

(iii) Immunizations, offered as medically indicated;

(iv) Breast examination for females (every year);

(v) Mammograms at age forty for women, then every two years until age fifty;

(vi) Testicular examination for men;

(vii) Cancer screening tests as medically indicated.

(c) For all inmates under the age of forty, a physical examination every five years, to include all procedures listed above for inmates between the ages of forty and fifty.

(4) Nurse's sick call, which includes:

(a) Nursing assessment;

(b) Patient education, specific to disease or condition;

(c) Referral to advanced health provider, mental health services or dietary services, as indicated.

(5) Medical sick call - by a physician or other advanced health care provider.

(a) Primary care;

(b) Chronic care clinics as outlined above;

(c) Referral for specialty consultation as deemed necessary by the provider.

(6) Mental health services:

(a) Mental health screening upon admission;

(b) Full mental health evaluation, as indicated;

(c) Crisis care;

(d) Suicide prevention services;

(e) Individual and group psychotherapy, as indicated;

(f) Mental health programming, as indicated;

(g) Residential treatment facilities when necessary;

(h) Psychiatric hospitalization, (at Oakwood correctional facility) when necessary;

(i) Residential MR/DD services when necessary.

(7) Dietary services:

(a) Nutritional assessment when indicated;

(b) Customized diet plan, as ordered by a physician when medically necessary;

(c) Disease specific dietary counseling.

(8) Pharmacy services:

(a) Prescription medication provided as medically indicated, per a restricted formulary.

(b) Off formulary medications approved when medically necessary.

(c) Instructions regarding prescribed medications provided as indicated.

(9) Dental services:

(a) Admission screening;

(b) Routine dental services (restorations, extractions);

(c) Emergency dental services (for acute infection, broken teeth, fractures);

(d) Specialty dental services as deemed necessary by primary care dentist;

(i) Removable prosthodontics (dentures);

(ii) Oral surgery (for impacted teeth, pathology, and other medically necessary procedures);

(iii) Periodontal services as medically necessary.

(10) Infectious disease prevention and treatment:

(a) Screening, testing, treatment and follow-up as indicated for tuberculosis, sexually transmitted diseases, HIV, hepatitis and other infectious diseases.

(b) Infectious disease educational programming, with an emphasis on prevention.

(11) Optometry services:

(a) Optometric examination and eyeglasses every two years as needed.

(b) Glaucoma screening every two years for inmates age fifty and over.

(12) Podiatry services:

(a) Diabetic foot exams annually and treatment as needed.

(b) Orthotics when medically indicated.

(13) Dialysis services.

(14) Pregnancy management:

(a) Prenatal services;

(b) Nursery program if deemed appropriate;

(c) Delivery services at Ohio state university hospital.

(15) Audiograms and hearing aids as medically indicated.

(16) Physical therapy and/or mobility aids, as medically indicated:

(17) Specialty physician consultations as medically indicated for specific disease processes.

(18) Surgeries and treatments:

(a) Procedures or treatments approved when necessary to:

(i) Preserve life or limb;

(ii) Prevent further serious deterioration or significant reduction of the chance of possible repair after release;

(iii) Alleviate significant pain or discomfort.

(b) Procedures or treatments of an elective nature are subject to review and prior approval on a case-by-case basis.

(c) Procedures or treatments that are only marginally effective will be considered only after careful review of the procedure's effectiveness, alternatives, risks, the severity of the inmate's illness, the cost of the procedure and the likelihood of recovery.

(d) Procedures or treatments of a purely cosmetic nature will not be approved.

(e) Procedures or treatments generally considered to be experimental may be considered only after all conventional options have been exhausted and a human research review committee reviews the treatment or procedure proposed for that inmate.

(19) Prosthetic devices provided as medically indicated to support independent functioning.

(20) Primary and advanced diagnostic laboratory and x-ray services provided as necessary to support medically necessary care.

(21) Emergency services:

(a) First aid, nursing care and basic life support are provided on-site twenty-four hours a day by appropriately licensed medical staff.

(b) Transport to outside emergency care facilities provided as medically necessary.

(22) Acute inpatient and skilled nursing care:

(a) Hospital level of care at an accredited medical facility provided as medically necessary;

(b) Inpatient skilled nursing care and end-of-life care provided at the corrections medical center;

(c) Intermediate inpatient and outpatient care provided at Frazier health center.

(23) Discharge planning services:

(a) Summary health care information available upon release to support continuity of care;

(b) Limited supply of essential medication provided on release from prison;

(c) Community linkage services provided for inmates with mental illness and, per department of health guidelines, certain infectious diseases.

(D) Preventive health care is encouraged and supported within department institutions. Each offender will be provided written and oral instruction regarding access to health care services, with an emphasis on preventive services available. preventive services include the following:

(1) Health care screenings:

(a) Screenings for infectious diseases and sexually transmitted diseases;

(b) Mental health screenings for suicide risk and mental illness.

(2) Immunizations as medically indicated.

(3) Age specific, routine physical examinations, inclusive of screenings for cancer as medically indicated.

(4) Tuberculosis surveillance program inclusive of intake and annual testing and follow-up, treatment as medically indicated, and medical isolations as necessary to prevent transmission.

(5) Chronic disease clinics inclusive of regularly scheduled evaluations, medication monitoring and disease specific patient education.

(6) Preventive patient education inclusive of, but not limited to, infectious disease prevention, smoking cessation and nutrition and dietary guidelines.

(7) Preventive dental services including instructions on dental hygiene, and routine scaling as time and resources permit.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.58
Rule Amplifies: 5120.58
Prior Effective Dates: 4/1/05

5120-9-61 Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations.

(A) Nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to enter institutions under the control of the department for the purpose of providing reentry services to inmates shall be first registered with the department upon the approval of the director. For the purposes of this rule, reentry services may include, but are not limited to, counseling, housing, job-placement, and money-management assistance.

(B) For the purposes of registration with the department, the nonprofit organization shall submit a written application, in a form or manner as determined by the department, for the purposes of screening. The department shall post a department telephone number on the department's official internet web site that nonprofit organizations may call to obtain information. The submission shall include the following information:

(1) The name of the organization;

(2) The principal contact person for the organization;

(3) The mailing address for the organization;

(4) A statement regarding the organization's history, mission and objectives, and;

(5) A statement regarding what reentry services the organization can provide and how the organization will present these services within an institution.

(C) A nonprofit organization may be registered with the department to provide reentry services to inmates if it can demonstrate to the satisfaction of the department the following:

(1) A commitment to the principles of inmate reentry, with regard for the rights of victims and public safety;

(2) A willingness to comply with the department's administrative rules and policies regarding security, visitation, and volunteers in the institutions;

(3) The ability to consistently provide reentry services to the inmate population targeted, which will be identified through agreement with the department;

(4) A continuing commitment to provide reentry services in a manner that is professional, respectful of both inmates and department staff, and will not bring discredit to the department or the state of Ohio.

(D) The decision of the director regarding the registration of a nonprofit organization to provide reentry services is solely within the discretion of the director. The director may consider any factor the director deems relevant regarding the suitability of the organization to be registered to provide reentry services. The department may terminate the registration of a nonprofit organization if, in the judgment of the director, the organization has compromised the safety and security of an institution, failed to abide by the rules and policies of the department, or otherwise been found unsuitable to provide reentry services.

(E) The department shall maintain, on its internet web site, a list of all the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this rule. The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require an inmate to participate in a faith-based program.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/07/2010 and 01/12/2015
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.034
Rule Amplifies: 5120.034
Prior Effective Dates: 07/21/2008

5120-9-62 Operation of the federal equitable sharing fund.

(A) For the purposes of this rule, the following terms shall have the following meanings:

(1) DAG-71 - the federal form application for the transfer of federally forfeited property.

(2) Equitable sharing account - a separate revenue account exclusively for the proceeds from the disposition of federally forfeited property, established pursuant to section 5120.70 of the Revised Code.

(3) Federally forfeited property - federally forfeited cash, property, the proceeds of federally forfeited property, and any interest earned on the equitable sharing account, which the federal government equitably-shares with the department of rehabilitation and correction.

(4) Proceeds of federally forfeited property - any payment in cash or in kind made to the department of rehabilitation and correction for the sale or transfer of federally forfeited property.

(B) Federally forfeited property and the proceeds of federally forfeited property shall be used only for law enforcement purposes and as a supplement to existing resources and revenue appropriated by the Ohio general assembly. Internal controls and auditing mechanisms shall account for the expenditure, transfer, or use of federally forfeited property or the proceeds of federally forfeited property.

(C) Expenditure, use, or transfer:

(1) The director or designee must authorize all uses, expenditures, and transfers of federally forfeited property or the proceeds of federally forfeited property. Federally forfeited property must be used for the specific intended law enforcement use stated on the DAG-71. The proceeds of federally forfeited property must be used for a law enforcement purpose in accordance with federal law. Federally forfeited property or the proceeds of federally forfeited property must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(2) The director or designee must authorize the expenditure or transfer of the interest generated on the equitable sharing revenue account. Interest must be used for only a law enforcement purpose in accordance with federal law. The expenditure or transfer of interest must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(3) Purchase orders must be issued in accordance with state law and current department of administrative services and department procedures to formally disburse deposited assets from the forfeiture revenue account.

(D) Sale or transfer of tangible federally forfeited property:

(1) Tangible assets must be used for two years from the date of transfer in accordance with the law enforcement purpose stated on the DAG-71, unless the asset becomes unsuitable for the law enforcement purpose.

(2) Upon expiration of the two year period, the director or designee may authorize the sale of the asset for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(3) When a tangible asset ceases to serve the law enforcement purpose for which it was requested, the department's deputy director of the office of administration shall sell it for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(E) The director or designee may authorize the expenditure of funds from the equitable sharing revenue account to pay for the costs of auditing and bookkeeping resulting from the equitable sharing of federally forfeited property.

R.C. 119.032 review dates: 01/07/2010 and 01/07/2015
Promulgated Under: 119.03
Statutory Authority: 5120.70
Rule Amplifies: 5120.70
Prior Effective Dates: 06/18/2009