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