Lawriter - OAC - 5120-9-10 Restrictive housing assignments.

5120-9-10 Restrictive housing assignments.

(A) As used in this rule and rules 5120-9-08, 5120-9- 8.1 and 5120-9-11 of the Administrative Code:

(1) "Restrictive housing" means a housing placement that requires an inmate to be confined to a cell at least twenty-two hours per day.

(2) "Short-term restrictive housing" means housing that separates the inmate from contact with general population while restricting an inmate to his or her cell for at least twenty-two hours per day and for no more than twenty-nine days.

(3) "Extended restrictive housing" means housing that separates the inmate from contact with general population while restricting an inmate to his or her cell for at least twenty-two hours per day and for thirty days or more for the safe and secure operation of the facility. Extended restrictive housing shall consist of three separate levels of security designed to give the inmate progressively more privileges and freedom of movement to assess whether the inmate's return to a general population housing assignment is appropriate.

(B) An inmate may be placed in and/or transferred to a short-term restrictive housing assignment:

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

(2) Pending a hearing before the RIB or SMP;

(3) Pending transfer to another institution; or,

(4) When the inmate has been found guilty through the processes set forth in rule 5120-9-08 of the Administrative Code for any violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code.

(C) To place an inmate in a short-term restrictive housing placement under paragraph (B) of this rule, justification shall be provided as to why a limited privilege housing assignment under rule 5120-9-09 of the Administrative Code is insufficient to manage the safety and security requirements of the inmate.

(D) An inmate may be placed in a short-term restrictive housing assignment for the following time periods:

(1) In the case of an inmate placed in a short-term restrictive housing assignment under paragraph (B)(1) of this rule, the inmate may be placed until such time that the investigation has been completed subject to the required extensions set forth in rule 5120-9-11 of the Administrative Code;

(2) In the case of an inmate placed in a short-term restrictive housing assignment under paragraph (B)(2) of this rule, the inmate may be placed for a time period no longer than seven business days for an RIB hearing unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Extensions beyond business calendar days shall be documented in the record of the RIB along with the reason for the delay. No extension shall exceed twenty-nine calendar days. In the event the inmate is found guilty by the RIB of misconduct, any additional time frames will be set by paragraph (B)(4) of this rule. In the case of an inmate appearing before the SMP, the inmate may be placed for a time period no longer than twenty-one calendar days. In the event the inmate is found guilty by the SMP of misconduct, any additional time frames will be set by paragraph (G)(3) of this rule.

(3) In the case of an inmate placed in a short-term restrictive housing assignment under paragraph (B)(3) of this rule, the inmate may be placed until such time that the transfer has been completed;

(4) In the case of an inmate placed in a short-term restrictive housing assignment under paragraph (B)(4) of this rule, the inmate may be placed for no more than twenty-nine calendar days by the RIB for a single violation or a series of violations arising out of a single event in accordance with the processes set forth in rule 5120-9-08 of the Administrative Code.

(E) Nothing in paragraph (B) of this rule shall be construed to prohibit the managing officer or designee from referring an inmate to the institutional reclassification committee at any time.

(F) The managing officer or designee shall retain the discretion to release an inmate from a short-term restrictive housing assignment or to modify the placement to a limited privilege housing assignment at any time for positive behavior or if the security needs of the inmate change.

(G) An inmate may only be placed in and/or transferred to an extended restrictive housing assignment:

(1) When the director authorizes an extension of a restrictive housing assignment for the investigation involving the commission of a possible felony under paragraph (D)(4) of rule 5120-9-11 of the Administrative Code; or,

(2) When the inmate cannot be transferred prior to the expiration of the placement in a short-term restrictive housing assignment to a new general population housing assignment for a security increase because:

(a) There is a lack of available beds at the security level of intended increase; and,

(b) The security needs of the inmate pending transfer can only be addressed with a restrictive housing placement.

(3) When the inmate has been found guilty through the processes set forth in rule 5120-9-08.1 of the Administrative Code for a serious violation of the inmate rules of conduct and an extended restrictive housing placement is recommended by the serious misconduct panel and confirmed by the bureau of classification and reception.

(4) At reception and initial classification, when:

(a) The nature of the criminal offense committed prior to incarceration constitutes a current threat to the security and orderly operation of the institution and to the safety of others to include, but not limited to, serious assaults against law enforcement, participation in organized criminal activity or actions indicating a serious escape risk; or,

(b) The inmate has returned to the custody of the department after being released while in an extended restrictive housing assignment, and more time is needed to assess whether a return to a general population housing assignment is appropriate.

(H) Inmates who are seriously mentally ill, pregnant or under the age of eighteen shall not be placed in extended restrictive housing assignments.

(I) An inmate shall not be placed in a restrictive housing assignment on the basis of gender identity alone.

(J) An inmate may be placed in an extended restrictive housing assignment for the following time periods:

(1) In the case of an inmate placed in an extended restrictive housing assignment under paragraph (G)(1) of this rule, the inmate may be placed until such time that the investigation has been completed subject to the terms of the director's extension as set forth in rule 5120-9-11 of the Administrative Code;

(2) In the case of an inmate placed in an extended restrictive housing assignment under paragraph (G)(2) of this rule, the inmate may be placed until such time that the transfer has been completed;

(3) In the case of an inmate placed in an extended restrictive housing assignment under paragraph (G)(3) of this rule, the time period shall be based upon the misconduct committed, the recommended level of extended restrictive housing placement, the inmate's conduct and programming in extended restrictive housing and other relevant factors. Placements in extended restrictive housing for serious misconduct shall be subject to a presumptive release schedule unless the misconduct is severe enough to warrant an exemption.

(K) Inmates placed in restrictive housing placements shall receive the following cell privileges:

(1) Access to legal material and services;

(2) Access to reading materials;

(3) Mail and kite privileges;

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

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

(6) Personal hygiene articles, including, at minimum, a toothbrush, toothpaste, deodorant, feminine hygiene products for female inmates and soap;

(7) Access to hair care services;

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

(9) Adequate state-issued clothing and apparel;

(10) Personal shower shoes;

(11) Adequate light for reading;

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

(13) Adequate food;

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

(15) Access to approved department policies;

(16) Visits by authorized department staff;

(17) Access to telephone privileges at a minimum to access the judicial process and family emergencies as determined by the managing officer or designee unless security or safety considerations dictate otherwise;

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

(19) Access to educational services, commissary services, library services, social services, behavioral health and treatment services, religious guidance and recreational programs.

(L) Abuse of cell privileges may be dealt with summarily by the staff member on duty in restrictive housing (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 chief security officer. The responsible chief security officer shall forward to the managing officer a weekly list of those inmates in restrictive housing who have had cell privileges denied, the length of time denied, and the reasons therefore.

(M) The hearing officer or 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.

(N) Any denial of cell privileges shall be reported in writing to the responsible chief security officer, 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.

Cite as Ohio Admin. Code 5120-9-10

Effective: 2/11/2017
Five Year Review (FYR) Dates: 02/11/2022
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.05