Chapter 5120:1-10 Twelve Day Facilities

5120:1-10-01 Reception and release.

(A) Each twelve- day jail, as defined in paragraph (A)(2) of rule 5120:1-7-02 of the Administrative Code, shall adhere to the following standards regarding the reception and release of inmates. Each twelve- day jail shall implement policies and procedures, and produce documentation that evidences compliance with the following standards:

(1) (Important) All inmates are legally committed to the jail.

(2) (Important) The arresting, transporting or committing officer is identified by name and department.

(3) (Important) A booking and identification record shall be made of every commitment that includes the following information:

(a) Time and date of commitment;

(b) Name and alias;

(c) Official charge or charges;

(d) Authority for commitment;

(e) Date of birth of inmate;

(f) Sex of inmate;

(g) Race of inmate;

(h) Height and weight of inmate;

(i) Marital status of inmate;

(j) Home address and telephone number of inmate;

(k) Spouse, next of kin, or person to notify in case of an emergency;

(l) Social security number;

(m) Identifying characteristics (e.g., scars or marks.)

(4) (Important) Inmates shall be identified by photograph and/or identification bracelet during reception.

(5) (Important) Arrested persons shall be provided access to telephones after the reception process.

(6) (Important) Inmates shall be searched and all unauthorized items shall be confiscated. Confiscated items shall be listed in an inventory by objective description and secured.

(a) Money or any form of money shall be confiscated, counted in the

inmate's presence and secured.

(b) The inmate's signature shall be affixed to the completed inventory. If the signature cannot be obtained, the inventory shall be witnessed by another staff person.

(7) (Important) The jail shall develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(8) (Important) Inmates who are to be integrated with the general population and/or whose clothing is soiled or infested shall receive a shower and clean clothing.

(9) (Important) Inmates shall not be confined in the reception area for more than twelve hours except when security, health and mental health concerns are being addressed.

(10) (Important) The jail shall develop, implement, maintain, and update as necessary a set of generally applicable inmate rules. The rules shall be accessible to all inmates and shall provide information regarding confinement including:

(a) Sleeping hours

(b) Meals

(c) Mail

(d) Telephone access

(e) Visitation

(f) Correspondence

(g) Medical care

(h) Hygiene

(i) Laundry

(j) Programs

(k) Rules of conduct

(l) Disciplinary procedures

(m) Grievance procedures

(11) (Important)A staff member or translator shall assist the inmate in understanding the inmate rules if there is a literacy or language problem. The jail shall maintain signed acknowledgements from each inmate admitted that the rules were received by, and/or explained to them.

(12) (Important) During reception, male and female inmates shall not be placed in the same cell or in unsupervised areas together.

(13) (Important) Juveniles shall not be held in jails except under rare circumstances - if at all - and shall be accepted only (a) under court order, (b) when all other alternative placements, including placement in the local juvenile detention center, have been considered and rejected, and (c) after the jail provides the juvenile court with information regarding the conditions under which the youth shall be held in the adult jail and the jail's ability to comply with the juvenile specific standards, including paragraph (A)(12) of rule 5120:1-8-01, paragraph (B)(4) of rule 5120:1-8-02, and paragraph (K) of rule 5120:1-8-04 of the Administrative Code. Status offenders, i.e. runaways, curfew violators, etc. are prohibited from the facility. Every effort shall be made to ensure that juveniles are held in jails for the minimum amount of time necessary..

(14) (Important) Inmate identification and release documentation shall be verified.

(15) (Important) Upon an inmate's release to another agency, the jail shall document the following information:

(a) The identity of the receiving officer and their agency when jail staff or jail transportation officers transfer physical custody of the inmate to the receiving officer;

(b) The identity of the receiving agency, when jail transportation agents transfer physical custody of the inmate to a receiving agency;

(c) The time and date of the release;

(d) The authority for the release.

(16) (Important) Upon an inmate's release or transfer, the jail shall obtain a receipt for all property returned to the inmate or the receiving officer, as appropriate.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-02 Classification.

(A) (Important) Each twelve-day facility shall have a written inmate classification system that specifies the criteria and procedures for determining and changing the classification of an inmate to determine the level of custody required, special needs, housing assignment and participation in programming.

(B) (Important) Each twelve-day facility shall have written policies, procedures and practices which complies with the following standards:

(1) (Important) Male and female inmates are housed separately by sight, touch and out of range of normal conversation.

(2) (Important) Violent and non-violent inmates are not placed in the same cell or unsupervised areas together.

(3) (Important) Male and female inmates are supervised if placed together for purposes of programming, transportation or other similar activities.

(4) (Important) Juvenile and adult inmates are separated in a manner consistent with sections 2151.311 and 2152.26 of the Revised Code.

(5) (Important) Jails using inmate workers shall evaluate and select workers based on established criteria.

(6) (Important) Inmates participating in work or educational release programs shall be searched before leaving the jail and prior to their returning to their housing units; and where practical, these inmates will be housed separately from the general population.

(C) (Important) Inmates, when placed in general population, shall be:

(1) Assigned a bed;

(2) Provided with a clean mattress, blanket, bed linens and towels;

(3) Provided with articles to maintain personal hygiene (toothbrush, toothpaste, soap and feminine hygiene items as needed.)

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-03 Security.

(A) Each twelve-day facility shall maintain the following standards in regard to the security of the jail.

(1) (Essential) An established security perimeter.

(2) (Essential) A secure booking and release area.

(3) (Essential) Temporary weapons storage lockers or other secure storage at each point of entrance to the jail's security perimeter.

(4) (Essential) If installed, closed circuit televisions that are operational and preclude the monitoring of shower, toilet and clothing exchange areas.

(5) (Essential) A two-way communications system between central control, staffed posts and inmate occupied areas. Inmates shall be able to initiate communication with staffed posts.

(6) (Essential) Equipment necessary to maintain utilities, communications, security and fire protection in an emergency. Documentation supports that such equipment is tested quarterly and repaired or replaced as needed.

(B) Each twelve-day jail shall have written policies and procedures, and practices which evidence that the following standards are maintained.

(1) (Important) Procedures govern the availability, control, inventory, storage, and use of firearms, less than lethal devices, and related security devices and specify the level of authority required for their access and use. Chemical agents and electrical disablers are used only with the authorization of the jail administrator or designee. Access to storage areas is restricted to authorized persons and the storage space is located in an area separate and apart from inmate housing or activity areas.

(2) (Important) All inmates shall be searched whenever entering or leaving the jail's security perimeter to control contraband.

(3) (Important) Procedures and practices governing strip and body cavity searches following reception shall be developed and implemented in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(4) (Essential) There is a plan that guides the jail's response to emergencies. All jail personnel are trained annually in the implementation of the emergency plan. The emergency plan should include procedures to be followed in situations that threaten jail's security.

(5) (Essential) The staff shall maintain a written log to record routine information, emergency situations and unusual incidents.

(6) (Essential) An official count shall be conducted three times daily not to exceed nine hours from the previous count to verify inmate's physical presence and identification. Jail staff conducting the count shall record the count.

(7) (Essential) Personal observation checks of inmates shall be conducted at least once every sixty minutes. Observation checks shall be conducted at varying times and shall be documented after completion by the staff person performing the check.

(8) (Essential)The facility will develop policies and procedures for inmates with special needs that will, at minimum, include:

(a) Housing

(b) Referrals

(c) Contact with caseworkers, outside agencies, etc.

(9) (Essential) Inmates in physical restraints shall be personally checked by staff every ten minutes. The report of the use of physical restraints will be documented, reviewed and signed off by a non-involved supervisor or higher-ranking personnel. The use of physical restraints will be reviewed for policy compliance by the jail administrator or designee.

(10) In regard to the use of force:

(a) (Essential) Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted harm, protection of others, prevention of riot, prevention of discharging a firearm or other weapons, prevention of escape or other crime, and controlling or subduing inmates who refuse to obey a staff command or order.

(b) (Essential) Use of force shall be limited to the amount of force appropriate to control a given situation acknowledging changing levels of force may change in seconds. In no event is physical force used as punishment.

(c) (Essential) An examination and/or treatment by qualified health care personnel shall be provided to inmates or staff involved in a use of force incident when there is obvious physical injury, a complaint of injury or an inmate request for medical attention.

(d) (Essential) Use of force incidents shall be recorded and reviewed by the jail administrator or designee.

(11) Develop procedures to guide searches of the jail and inmates in order to control contraband.

(a) (Important) Inmate accessible areas shall be inspected in a manner that ensures all areas are inspected monthly.

(b) (Essential) A security inspection of the jail shall be conducted once a month.

(c) (Essential) The jail administrator or designee shall be notified of any discovered contraband or physical security deficiencies. The appropriate disposition of contraband and the remediation of physical security deficiencies shall be documented.

(12) (Important)Inmate movement from one area to another is controlled by staff.

(13) (Important) The staff supervision and searching of inmate workers.

(14) (Important) No inmate shall be given control of or authority over any other prisoner, security function or service activity.

(15) (Important) Same gender, cross gender and transgender supervision guidelines shall be provided in policy and procedure.

(16) (Important)The jail shall establish policies and procedures for the use of keys, tools and culinary equipment.

(17) (Important) Toxic, corrosive and flammable substances and tools shall be stored in a secure area and used by inmates only under direct supervision and used only in accordance with manufacturer's instruction. The substances are only accessible to authorized persons.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-04 Housing.

(A) Twelve-day jails shall provide inmates with sufficient space. The jail shall maintain documentation regarding square footage and maximum occupancy figures for all housing and holding areas, and shall comply with the following minimum requirements:

(1) Holding cells:

(a) (Important) Sixty square feet for one to three occupants with twenty square feet for each additional occupant up to a maximum of one-hundred twenty square feet (six occupants).

(2) Housing cells:

(a) (Important) Seventy square feet for single occupancy; forty-eight square feet in jails constructed prior to 1983.

(b) (Important) One- hundred square feet with seven feet least dimension for double occupancy, stacked bunks, one hundred and ten square feet with nine feet least dimension for double occupancy, single bunks.

(c) (Important) One- hundred forty-five square feet with nine feet least dimension for triple occupancy, stacked bunks and a single bunk; one- hundred and seventy square feet with twelve feet least dimension for triple occupancy, single bunks.

(d) (Important) One- hundred eighty square feet with nine feet least dimension for quadruple occupancy, two stacked bunks, two- hundred and fifteen square feet with twelve feet dimension for quadruple occupancy, single bunks.

(3) Dormitory sleeping space:

(a) (Important) Fifty square feet per occupant, except forty-eight square feet in jails constructed prior to 1983 wherein the formula shall be based upon requirements of paragraph (A)(2)(a) of rule 5120:1-10-04 of the Administrative Code.

(B) (Important) Seating shall be provided in holding areas, holding cells, housing cells, dormitories, dayrooms and eating areas for each inmate.

(C) (Important) Single cells/rooms and multiple occupancy cells/rooms/dormitories shall have an air circulation of fifteen cubic feet of outside or recirculated, filtered air per minute per occupant, or as required by the local jurisdiction. Documentation from a qualified source shall be maintained by the jail.

(D) (Important) Temperature is mechanically raised or lowered to acceptable comfort levels.

(E) (Important) Sanitation facilities shall include access to an operable flush toilet and lavatory with hot and cold potable water on a twenty-four hour a day basis without staff assistance.

(F) (Important) Toilet facilities at a minimum of one operable toilet for every twelve occupants.

(G) (Important)Shower facilities at a minimum of one operable shower for every twelve occupants. Water temperatures shall be controlled thermostatically in a range from one hundred five to one hundred twenty degrees Fahrenheit.

(H) (Important)One operable wash basin with hot and cold potable water for every twelve occupants.

(I) (Important)Noise levels shall not exceed seventy decibel in daytime and forty-five decibels at night. Noise levels shall be documented using a sound level meter set to A-scale (decibels).

(J) (Important) Natural light shall be provided in housing units, dorms, cells and/or day spaces.

(K) (Important) Juvenile inmates shall be separated by sight and sound from adult inmates.

(L) (Important)If inmate access to clothing, bed, bedding, toilet, lavatory or shower is suspended, there shall be a daily review for re-instatement by the jail administrator or designee.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-05 Sanitation and environmental conditions.

(A) (Essential) The jail shall provide all inmates with hygiene articles at intake and replacement items to indigent inmates.

(B) (Essential) All areas of a twelve-day jail shall be safe and sanitary, including the food service, storage spaces and laundry areas. Staff and inmates shall have specific housekeeping responsibilities, which shall include, but are not limited to, cleaning of toilets, urinals, sinks, drinking facilities and showers in areas occupied by inmates, and disposal of garbage.

(C) (Essential) Monthly sanitation, vermin and safety inspections of all areas shall be done by a designated, trained staff person.

(D) (Important) Regular maintenance and repairs shall occur.

(E) (Essential) The jail shall be inspected annually by local or state health authorities and a written report shall be provided. There shall be a written plan to correct jail-related deficiencies.

(F) The jails shall maintain documentation that the following standards are met with regard to interior lighting:

(1) (Important) At least twenty foot-candles, measured thirty inches above the floor, in inmate reading areas.

(2) (Important) At least fifteen foot-candles, measured thirty inches above the floor, in inmate accessible areas.

(3) (Important) Lighting in inmate sleeping areas shall be reducible to between two and four foot-candles, measured thirty inches above the floor.

(G) The jails shall maintain documentation that the following standards are met with regard to bedding, linens and clothing:

(1) (Important) Bedding and mattresses shall be in good repair and cleaned prior to being reissued , or when soiled;

(2) (Important) Clean bed linens and towels shall be exchanged once weekly, or when soiled. Issuance of clean linens and towels shall be documented;

(3) (Important) Issued clothing shall be exchanged or laundered twice weekly.

Arrangements are made to exchange or launder personal clothing and undergarments twice weekly;

(H) (Important) Each inmate shall be provided the opportunity for a hot shower every forty-eight hours.

(I) (Important) Shaving equipment and supplies shall be made available daily, except when providng such equipment or supplies may create a safety and security issue for the inmate, other inmates, or staff. Issuance and retrieval of shaving equipment and supplies shall be documented.

(J) (Essential) The jail shall be inspected annually by a certified local or state fire safety inspector applying the applicable jurisdictional and Ohio fire code. The jail shall have a written plan to correct any jail-related deficiencies. The jail shall maintain documentation of the inspections and any corrective measures taken.

(K) (Essential) The jail shall have a written fire safety plan approved by local fire officials, and that is reviewed annually and updated as needed. The plan shall include fire prevention, training and drills, fire response and post-fire documentation and review. A current copy of the plan shall be maintained at the local fire department.

(L) (Essential)Training in jail fire safety equipment shall be conducted annually.

(M) (Essential)Fire drills shall be conducted every three months on each shift.

(N) (Essential)Jail furnishings shall meet fire safety performance requirements.

(O) (Essential) Jail exits shall be clear and evacuation routes shall be posted or clearly marked throughout the jail.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-06 Communication.

(A) (Important) There shall be no limitation on the amount of incoming or outgoing mail or correspondence via the postal service when the inmate is responsible for the cost of postage.

(B) (Important) Legal mail or correspondence shall be opened and inspected in the presence of the inmate to intercept contraband. All other incoming and outgoing inmate mail, correspondence and packages shall be opened and inspected to intercept contraband or non-permitted items. The jail shall document procedures for the appropriate disposition of intercepted items.

(C) Mail, correspondence and packages shall only be withheld, read or rejected based on legitimate jail interests of order and security and approved by the jail administrator or designee in writing. The inmate shall be notified if mail is withheld or rejected.

(D) (Important)If the jail offers email services to inmates, the incoming and outgoing emails shall be subject to review for security reasons.

(E) (Important) Indigent inmates shall receive writing materials, envelopes and postage for two letters per week.

(F) (Important) Inmates shall have access to legal counsel including telephone contact, written communication and confidential visits.

(G) (Important)Inmates shall have access to inmate telephone services.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/10/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 9/21/98, 1/1/2003, 7/1/05

5120:1-10-07 Visitation.

(A) (Important) There is a secured visiting area that physically separates the inmate and visitor with capability for two-way, unobscured conversation and/or video visitation.

(B) (Important) The visitation area shall be equipped with seating.

(C) (Important) Visitors shall be required to provide valid identification.

(D) (Important) Visitors shall register upon entry to the jail. The registry shall include the date, visitor names, inmate visited and the length of the visit.

(E) (Important) The jail shall provide general visitation hours that provide inmates the opportunity for thirty minutes of visitation per week. If the jail utilizes video visitation, it will provide weekly general visitation hours that are supported by the video visitation system utilized, no less than twenty minutes per visit. A schedule of visiting hours shall be posted in inmate and visitor areas.

(F) (Important) Written policy and procedures shall govern contact and special visits.

(G) (Important) The jail shall establish visitor security procedures to prevent contraband from entering the jail.

(H) (Important) Visits shall be restricted only if the jail administrator or designee determines that a visit is a threat to safety, security or the best interest of the jail. The jail administrator or designee shall document restrictions in writing.

(I) (Important)Visits between inmates and members of the public shall be monitored and may be recorded by any means for safety and security reasons.

(J) (Important) Professional visits by attorneys of record or clergy shall be permitted as dictated by the jail safety and security needs.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-08 [Rescinded] Telephone.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 11/10/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005, 4/30/2013

5120:1-10-09 Medical/mental health.

(A) (Essential) Health authority. The jail has a designated health authority with responsibility for health and/or mental health care services pursuant a written agreement, contract or job description. The health authority may be a physician, health administrator or agency. When the health authority is other than a local physician, final clinical judgment rests with a single, designated, responsible, local physician licensed in Ohio. The health authority is responsible and authorized to:

(1) Provide written policies and procedures specifically designed for the jail for all aspects of this standard that shall be reviewed on an annual basis.

Written policies and procedures shall be easily accessible to staff and simple to understand.

(2) Arranges for all levels of health care, mental health care and dental care and assures quality, accessible and timely services for inmates. When necessary medical, mental health or dental care is not available at the jail, inmates are referred to an appropriate setting.

(3) Ensure decisions and actions regarding health care and mental health care meet inmate's serious medical and mental health needs are the sole responsibility of qualified health care and mental health professionals.

(4) No inmate shall be denied necessary health care, as designated by the health authority.

(B) (Essential) Inmate pre-screen. Before acceptance into the jail, health-trained personnel shall inquire about, but not be limited to the following conditions and the health authority shall develop policies for the acceptance or denial of admission for:

(1) Suicide thoughts/plan.

(2) Current serious or potentially serious medical or mental health issues needing immediate attention.

(3) The use of an electronic weapon, pepper spray or other less lethal use of force during arrest.

(C) (Essential) Receiving screen. Health trained personnel, in accordance with protocols established by the health authority, shall perform a written medical, dental and mental health receiving screening on each inmate upon arrival at the jail and prior to being placed in general population.

(1) Inquiry includes at least the following:

(a) Current and past illness and health problems;

(b) Current and past dental problems;

(c) Current and past mental health problems;

(d) Allergies;

(e) Current medications for medical and mental health;

(f) Hospitalizations for medical or mental health purpose(s);

(g) Special health needs;

(h) Serious infection or communicable illness(s);

(i) Use of alcohol and drugs including types, amounts and frequency used, date or time of last use and history of any problems after ceasing use, i.e., withdrawal symptoms;

(j) Suicidal risk assessment;

(k) Possibility of pregnancy;

(l) Other health problems as designated by the health authority.

(2) Observation of the following:

(a) Behavior including state of consciousness, mental health status, appearance, conduct, tremors and sweating;

(b) Body deformities and ease of movement;

(c) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations and needle marks or other indications of drug abuse.

(3) Medical disposition of inmate:

(a) General population;

(b) General population with prompt referral to appropriate health or mental health services;

(c) Referral for emergency treatment;

(d) Medical observation/isolation;

(e) Mental health observation/precautions;

(f) Documentation of date, time and signature and title of person completing screening.

(D) (Essential)Scope of service. The jail shall provide, or make provisions for, twenty-four hour emergency health, dental and mental health care.

(E) (Essential)Credentials. All health and mental health care personnel who provide services to inmates are appropriately credentialed according to the licensure, certification, and registration requirements of Ohio. Verification of current credentials is on file at the facility. Health care staff works in accordance with profession-specific job descriptions approved by the health authority.

(F) (Essential)Sick call. The health authority shall develop a policy and procedure for sick call whereby a physician and/or qualified health care professional conducts sick call.

(G) (Essential)Health and mental health complaints. The jail shall ensure that there is a daily procedure whereby inmates have an opportunity to report medical and mental health complaints through health-trained personnel, or for urgent matters, to any jail employee. The jail employee shall contact the appropriate medical or mental health department immediately. An inmate grievance system for medical and mental health treatment shall be established by the health authority. Both daily complaints and grievances shall be:

(1) Addressed in a timely manner.

(2) Recorded and maintained on file.

(3) Reviewed daily by qualified health care personnel and treatment or follow-up shall be provided as necessary.

(H) (Important) Personal physician treatment. Inmates can be treated by a personal physician in the jail at their own expense, upon the approval by the jail physician, provided that the current credentials of the personal physician are verified.

(I) (Essential)Medical/mental health record. The jail shall maintain an accurate health/mental health record in written or electronic format. The health authority shall develop policies and procedures concerning the following areas:

(1) Health records remain confidential and are only accessible to personnel designated by the health authority.

(2) Correctional staff may be advised of inmates' health/mental health status only to preserve the health and safety of the inmate, other inmates, and jail staff and in accordance with state and federal laws.

(3) Retention and reactivation of said records if an inmate returns to the facility.

(4) Transfer of medical/mental health information or record to external care provider.

(J) (Essential) Pharmaceuticals. Pharmaceuticals are managed in accordance with policies and procedures approved by the health authority and in compliance with state and federal laws and regulations and include the following:

(1) The policies require dispensing and administering prescribed medications by health-trained personnel or professionally trained personnel, adequate management of controlled medications, and provisions of medication to inmates in special management units.

(2) The jail shall develop a policy, approved by the health authority, regarding incoming medications.

(K) (Essential) Mental health services. Inmates evidencing signs of mental illness or developmental disability shall be referred immediately to qualified mental health personnel. The health authority shall develop policies for the following areas:

(1) Screening for mental health problems.

(2) Referral to outpatient services, including psychiatric care.

(3) Crisis intervention and management of acute psychiatric episodes.

(4) Stabilization of inmates with mental illness and prevention of psychiatric deterioration in the jail.

(5) Referral and admission to inpatient facilities.

(6) Informed consent.

(L) (Essential) Suicide prevention program. The health authority shall have a plan for identifying and responding to suicidal and potentially suicidal inmates. The plan components shall include:

(1) Identification. The receiving screening form contains observation and interview items related to the inmate's potential suicide risk.

(2) Training. Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately. The plan includes initial and annual training.

(3) Assessment. The plan specifies a suicide risk assessment and level system. The assessment needs to be completed every time an inmate is identified as being or potentially being suicidal, or if circumstances change. Only a qualified mental health professional may remove inmates from suicide risk status.

(4) Housing. The plan shall designate the housing beds/units for the suicidal or potentially suicidal inmates.

(5) Monitoring. The plan specifies the procedures for monitoring an inmate who has been identified as potentially suicidal. A suicidal inmate is checked at varied intervals not to exceed ten minutes. Regular documented supervision is maintained. Inmates are placed in a designated cell, all belongings removed and other prevention precautions initiated, as appropriate.

(6) Referral. The plan specifies the procedures for referring a potentially suicidal inmate and attempted suicides to a mental health care provider or facility, and includes timeframes.

(7) Communication. The plan specifies for ongoing communications (oral and written), notifications between health care and correctional personnel regarding the status of suicidal inmates.

(8) Intervention The plan addresses how to handle a suicide in progress, including first-aid measures.

(9) Notification. The plan includes procedures of notifying the jail administrator, outside authorities and family members of completed suicides. The plan shall consider safety and security issues when it comes to notification.

(10) Reporting. The plan includes procedures for documenting, monitoring and reporting attempted or completed suicides. Completed suicides are immediately reported to the coroner/medical examiner and the division of parole and community services within thirty days of the incident.

(11) Review. The plan specifies procedures for medical and administrative review if a suicide or a serious suicide attempt occurs.

(12) Critical incident debriefing. The plan specifies the procedures for offering critical incident debriefing to affected staff and inmates.

(M) (Important)Emergency equipment/supplies. Emergency medical equipment and supplies, as determined by the health authority shall be available at all times and replenished, as needed and may include automatic external defibrillators (AEDs).

(N) (Essential)Infectious disease control program. The health authority shall have a written infectious disease control program that collaborates with the local health department and shall include, at minimum, an exposure control plan and standard isolation precautions for inmates and staff, which are updated annually. The health authority will develop written policy and procedures.

(O) (Essential) Pregnant inmate. pregnant inmates shall receive appropriate and timely pre-natal care, delivery and postpartum care, as determined by the health authority.

(P) (Essential)Restraints. Use of restraints for medical and psychiatric purposes shall be applied in accordance with policies and procedures approved by the health authority, including:

(1) Conditions under which restraints may be applied.

(2) Types of restraints to be applied.

(3) Identification of a qualified medical or mental health professional who may authorize the use of restraints after reaching the conclusion that less intrusive measures are not a viable alternative.

(4) Monitoring procedures.

(5) Length of time restraints are to be applied.

(a) There shall be ten-minute, varied checks by correctional staff;

(b) There shall be thirty-minute checks by health-trained personnel;

(c) Inmates in medical restraints, if possible, after every two hours of continuous use, each extremity is freed or exercised for a period of five to ten minutes.

(6) Documentation of efforts for less restrictive treatment alternatives.

(7) An after-incident review.

(Q) (Important)Emergency response plan. The health aspects of the emergency response plan (mass disaster drill and man down drill). Emergency medical care, including first aid and basic life support, is provided by all health care professionals and those health-trained correctional staff specifically designated by the jail administrator. All staff responding to medical emergencies are certified in cardiopulmonary resuscitation (CPR) in accordance with the recommendations of certifying health organizations.

(R) (Essential)Continuing education for health trained personnel. All qualified health care professionals participate annually in continuing education appropriate for their position.

(S) (Important) Continuous quality improvement program. The health authority shall develop a continuous quality improvement (CPI) system of monitoring and reviewing, at least annually, the fundamental aspects of the jail's health/mental health care system, including but not limited to: access to care; the intake process; emergency care and hospitalizations; and, adverse inmate occurrences, including all deaths. Periodic chart reviews are included to determine the timeliness and appropriateness of the clinical care provided to inmates.

(T) (Essential) Special nutritional and medical diets. Inmate diets are modified when ordered by the appropriate licensed individual to meet specific requirements related to clinical conditions.

(U) (Essential)Intoxication and detoxification. The health authority shall develop specific policies and protocols in accordance with local, state and federal laws for the treatment and observation of inmates manifesting symptoms of intoxication or detoxification from alcohol, opiates, hypnotics, or other drugs. Specific criteria are established for immediately transferring inmates experiencing severe, life-threatening intoxication (overdose) or detoxification symptoms to a hospital or detoxification center.

(V) (Essential)Confidentiality. Information about an inmate's health status is confidential. Non health trained staff only has access to specific medical information on a need to know basis in order to preserve the health and safety of the specific inmate, other inmates, volunteers, visitors, criminal justice professionals or correctional staff.

(W) (Important) Informed consent. The health authority shall develop a policy and procedure requiring that all examinations, treatments and procedures are governed by informed consent practices applicable in the jail's jurisdiction.

(X) (Important)Privacy. The health authority shall develop a policy whereby health care encounters, including medical and mental health interviews, examinations, and procedures are conducted in a setting that respects the inmate's privacy.

(Y) (Important)Inmate death. In all inmate deaths, the health authority determines the appropriateness of clinical care; ascertains whether corrective action in the system's policies, procedures, or practices is warranted; and identifies trends that require further study.

Replaces: part of 5120:1-10-09

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/12/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/03, 7/1/05, 9/1/11

5120:1-10-10 Food service.

(A) (Essential) There shall be documentation that the food service operation complies with the regulations of the local or state health department.

(B) (Essential) Inmates shall be served a minimum of three meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals. Inmates can be served a minimum of two meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals, on weekends, state holidays and during emergencies.

(C) (Essential) Menu cycles and contents shall be evaluated and approved annually by a licensed nutritionist or registered dietician.

(D) (Important) Records of food items served at meals shall be maintained pursuant to the jail's record retention schedule.

(E) (Essential) The jail shall make provisions for modified diets by physician's order or to accommodate the mandatory dietary requirements of a recognized religion practiced by the inmate.

(F) Essential All persons involved in the preparation of food shall receive a pre-assignment medical examination and annual re-examinations.

(G) The jail shall institute policies and procedures that require that:

(1) (Essential) All food handlers are instructed to wash their hands upon reporting for kitchen duty, after restroom breaks and/or after handling unsanitary items .

(2) (Essential) The food services manager (or designee) is responsible for a healthy and sanitary kitchen environment and shall immediately address any health or cleanliness issues with kitchen staff or inmate workers.

Five Year Review (FYR) Dates: 03/31/2016 and 01/08/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003. 7/1/2005, 2/16/16

5120:1-10-11 Recreation and programming.

(A) (Important) The jail shall provide leisure time activities for inmates, which may include, but not limited to: table games, cards, checkers, board games, etc.

(B) (Important) The jail shall provide inmates access to reading materials.

(C) (Important) The jail shall provide inmates with referral information for alcohol and drug abuse treatment or services, academic education or training, mental health services, social services and other community services.

(D) (Important) Inmates shall be permitted to practice a recognized religion, subject to limitations necessary to maintain security and order.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003. 7/1/2005

5120:1-10-12 Inmate disciplinary process.

(A) (Important) Written inmate rules will identify prohibited acts and/or conduct, degrees of violations, ranges of penalties and disciplinary hearing and grievance procedures.

(B) (Important)There shall be a sanctioning schedule for rule violations.

(1) The jail administrator or designee shall approve any penalty exceeding suspension of rights or disciplinary isolation for more than twenty-four hours.

(2) The jail administrator or designee shall approve any penalty exceeding suspension of privileges for more than seventy-two hours.

(3) The maximum sanction for a rule violation(s) shall be no more than two hundred eighty-eight hours.

(C) (Important)Inmate rules shall identify the fundamental rights that cannot be suspended except in an emergency, and/or other condition(s)/circumstance(s) beyond the control of the jail administrator or their staff.

(D) (Important)If Inmate access to clothing, bed, bedding, toilet, lavatory and/or shower are suspended, there shall be a daily review for re-instatement by the jail administrator or designee.

Jail disciplinary measures shall not include corporal punishment, discipline administered by inmate(s) and/or the withholding of food or medical treatment.

(E) (Important) Pre-disciplinary hearing requirements shall include, but are not limited to, the following:

(1) A written incident report;

(2) Written notification to the individual inmate(s) of the nature and date of the alleged violation(s);

(3) The opportunity for the inmate to waive the pre-disciplinary hearing;

(4) An investigation that commences within twenty-four hours of the incident and/or discovery of the incident, whichever comes last, to determine whether sufficient evidence exists to support the charge.

(F) (Important) Disciplinary hearing requirements shall include, but are not limited to, the following:

(1) An impartial hearing officer appointed by the jail administrator or designee;

(2) The opportunity for the inmate to be heard, present evidence and question witnesses subject to the limitations imposed by the hearing officer.

The inmate shall have a minimum of twenty-four hours after receiving notice of the rules violations to prepare for the disciplinary hearing.

(3) The inmate shall be provided assistance if they are found by the hearing officer not to be able to communicate.

(4) The opportunity for the inmate to waive the disciplinary hearing.

(5) A hearing to be held within forty-eight hours excluding, holidays, weekends, and emergencies after receiving written notification if placed in isolation or within three business days if the inmate is not placed in isolation.

(a) Postponement of the hearing may be granted.

(b) Written findings prepared by the hearing officer should penalty/sanction be imposed.

(G) (Important)The assessment of penalties against an inmate shall be documented and maintained with the jail record.

(H) (Important) Inmates shall be afforded an opportunity to appeal disciplinary actions of the jail administrator or designee.

Replaces: 5120:1-10-12

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/12/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/03, 7/1/05

5120:1-10-13 Violations and penalties.

(A) (Important) Rules shall be divided into two distinct categories according to the nature of the violation and the maximum penalty which may be imposed.

(1) Minor violations:

(a) Minor violations shall include, but are not limited to, acts/conduct, which do not constitute a present and immediate threat to the security of the facility, its staff, other inmates, visitors, and/or the inmate who committed the violation .

(b) Minor violations may be penalized by verbal reprimand and/or by restriction of privileges for a period not to exceed two hundred eighty-eight hours.

(c) Minor violation penalties may be reviewed by the jail administrator or designee.

(2) Major violations:

(a) Major violations shall include, but are not limited to:

(i) Persistent minor rule infractions,

(ii) Incident(s)/activity(ies) where a determination is made that the remedy for a minor violation serves no deterrent effect; and/or

(iii) Violations which cannot be considered minor (e.g., carelessness with tools, equipment, or cleaning supplies, obscene gestures, lying, etc.).

(b) Major rule violations shall be subject to restriction or suspension of the privileges and/or qualified rights enumerated in paragraph (C) of rule 5120:1-10-12 of the Administrative Code or disciplinary isolation, for a period of up to two hundred eighty-eight hours.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-15 Administrative segregation.

(A) (Important) Each twelve-day jail shall have written policies and procedures that govern the administrative segregation of inmates from the general population.

(B) (Important) The use of administrative segregation as a penalty shall be prohibited.

(C) (Important) Administrative segregation shall be employed to separate an inmate from the general population whenever one or more of the following exists:

(1) The inmate presents an inability to conform with established standards of behavior for general population;

(2) The inmate poses a threat to self, others, or the security of the jail;

(3) The inmate presents a need for protection as determined by the jail administrator or designee;

(4) The inmate is at risk of spreading a communicable disease;

(D) (Important)The jail administrator or designee has otherwise determined that such segregation is necessary and in the best interest of the inmate, staff, or the safe and secure operation of the jail.

(E) (Important) Within twenty-four hours of administrative segregation, the inmate shall be provided with notice of the reason for confinement. The inmate shall be provided an opportunity for a written or oral response to the jail administrator or designee, to be reviewed within seventy-two hours for determination of continued confinement.

(F) (Important) Inmates in administrative segregation shall receive all privileges and rights unless the inmate poses a threat to the security of the jail or the health and welfare of him/herself or others. Any suspension or modification of privileges and/or rights shall be documented.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates:
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003

5120:1-10-16 Grievance.

(A) (Important) Inmate rules shall include a grievance procedure that is available to inmates and includes at least one level of appeal.

(B) (Important) Retaliation by staff for inmate grievances is prohibited.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates:
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003

5120:1-10-17 Staffing.

(A) (Important) Each jail shall have a designated jail administrator who is qualified by training or experience to supervise and control inmates as outlined in a written job description.

(B) (Important) Pre-employment background checks shall be conducted prior to hiring of jail staff.

(C) (Important) Annual standardized performance reviews of jail staff shall be conducted.

(D) (Important) There shall be a written, implemented staffing plan that includes jail personnel assignments, days of the week and hours of the day that assignments are covered and any deviations from the plan with respect to weekends, holidays or other atypical situations.

(1) The plan shall reflect that the facility has staff for administration,supervision , and jail personnel inmate programs; inmate supervision, custody and back up; support services including medical, food service, maintenance and clerical; staff training; and other jail-related functions such as escort and transportation of inmates.

(2) The staffing plan shall be reviewed once a year by the jail administrator and revised as needed.

(E) (Important) A staff person shall be designated in charge or supervisor of each shift.

(F) (Important) A written code of ethics shall be provided to jail staff.

(G) (Important) There shall be written policy and procedure governing the screening and training and the use of volunteers in the jail.

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 9/21/98, 1/1/2003, 7/1/2005

5120:1-10-18 Staff training.

(A) (Important)Jail support staff with occasional contact shall receive training in pertinent agency policies and procedures prior to or in conjunction with assignment to jail duties.

Two hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues.

(B) (Important)Correctional officers or staff with routine contact and who are not currently appointed as a peace officer, shall receive training as follows:

(1) Training in jail policies and procedures prior to or in within sixty days of assignment to jail duties.

(2) During the first year of assignment, they shall receive the jailer basic training consistent with Chapter 109:2-11 of the Administrative Code.

(3) Eight hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues. These training hours are in addition to training mandated by other standards.

(C) (Important) Currently appointed peace offficers working in the jail shall receive training as follows:

(1) Training in jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment, receive training in inmate rights, civil liability, overview of jail standards, basic security duties, inmate discipline, admission, classification, and release, suicide prevention, and medical/mental health issues.

(3) Eight hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues. These training hours are in addition to training mandated by other standards.

(D) (Important) Administrators and supervisors shall receive training in addition to the training specified in paragraph (B) or (C) of this rule as follows:

(1) Training in jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment, an additional forty hours of training specified in paragraph (B) or (C) of this rule, which may include legal aspects of jail management, managerial principles, labor relations, and records/information management.

(3) Eight hours of in-service training each subsequent year of employment addressing special issues, skills-enhancement and other assignment related topics.

(E) (Important)The jail's policies and procedures shall be available to jail staff, reviewed annually and updated by the jail administrator or designee as needed.

Replaces: 5120:1-10-18

Effective: 2/16/2016
Five Year Review (FYR) Dates: 01/12/2021
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 10/1/92, 7/1/94, 9/21/98, 1/1/03, 7/1/05