Chapter 5120:1-14 Community Based Corrections Facilities and Programs

5120:1-14-01 Glossary of terms.

(A) Single county community-based correctional facility and program: A "single county community-based correctional facility and program" means a program established by any county within the state of Ohio which has a population of two-hundred thousand residents or more for the purpose of the commitment of felony offenders to a residential facility by the common pleas court pursuant to sections 2301.51 to 2301.58 , 5120.111 , 5120.112 and 5149.06 of the Revised Code.

(B) "District community-based correctional facility and program" means a program established by two or more neighboring or adjoining counties within the state of Ohio which together have an aggregate population of at least two-hundred thousand or more residents for the purpose of the commitment of felony offenders to a residential facility by the common pleas courts pursuant to sections 2301.51 to 2301.58 , 5120.111 , 5120.112 and 5149.06 of the Revised Code.

(C) Facility governing board: A "facility governing board" is the board established in accordance with section 2301.51 of the Revised Code whose duties and responsibilities are to administer a community-based correctional facility and program, develop rules for the operation of the facility, appoint the director, and establish the salaries of the director and all other program staff who shall be employees of the board.

(D) Judicial advisory board: A "judicial advisory board" is the board established in accordance with section 2301.51 of the Revised Code, whose duties include making appointments to the facility governing board and providing advice to the facility governing board regarding the public safety needs of the community, screening criteria and other matters.

(E) District: A "district" is a geographic area comprised of two or more neighboring or adjoining counties in the state of Ohio with a total combined population of two-hundred thousand or more.

(F) Community-based correctional facility (CBCF): A "community-based correctional facility" is a secure facility used to confine persons sentenced by the court or courts of common pleas or referred by a legal entity which conforms to operating standards established by the department of rehabilitation and correction.

(G) Community-based correctional program: A "community-based correctional program" provides general treatment to be applied individually to eligible persons sentenced by a court or courts of common pleas or referred by a legal entity consisting of an evaluation period of thirty days that shall include, but not be limited to education, treatment, or work release and has screening and admission standards.

(H) Eligible felony offender: An "eligible felony offender" is a person who has been convicted of or pled guilty to a felony. A person may qualify as an "eligible felony offender" only if the person is not a repeat violent offender according to the definition set forth in section 2929.01 of the Revised Code, and is not required to initially serve a mandatory prison term.

(I) Proposal: A "proposal" is the written plan to establish a community-based correctional facility and program submitted by the facility governing board of a single county or district which must be approved by the division of parole and community services prior to placement of any person to a community-based correctional facility and program.

(J) American correctional association: The "American Correctional Association" is an international correctional association that develops, promulgates and implements standards for correctional agencies/facilities.

(K) Evidence-based practices: "Evidence based practices" are principles and practices that research has shown to be effective.

(L) Design standards: "Design standards" are standards for the construction and renovation of community-based correctional facilities.

(M) Authorized entity: An "authorized entity" is the legal entity authorized by law to refer or commit an eligible felony offender to a community-based correctional facility.

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

5120:1-14-02 Eligibility requirements for community based correctional facilities and programs.

(A) This rule establishes the minimum eligibility requirements that must be met by participating counties for establishing single county or district community-based correctional facilities and programs.

(B) Single county community-based facilities and programs:

(1) Any county desiring to establish a single county community-based correctional facility and program must be within a county whose population is two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each facility governing board must develop, adopt and submit to the division of parole and community services a proposal for the development, implementation, and operation of a community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal establishing a community-based correctional facility and program which has been submitted by the facility governing board, no person can be sentenced or referred to the facility or program.

(C) District community-based facilities and programs:

(1) Two or more adjoining or neighboring counties desiring to establish a district community-based correctional facility and program must have an aggregate population of two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each district facility governing board must develop, adopt, and submit to the division of parole and community services a proposal for the development, implementation, and operation of a district community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal to establish a district community-based correctional facility and program which has been submitted by the facility governing board, no person can be referred or sentenced to the facility or program.

(D) Each facility governing board must specify in the proposal, in order to receive division of parole and community services funds for the maintenance, implementation, and operation of a community-based corrections program a clear obligation to reduce the number of offenders committed to state penal institutions. Proposals for the establishment of community-based correctional facilities and programs shall emphasize programming that assists the offender in the community while maintaining public safety.

(E) A fiscal agent shall be designated to be responsible for the supervision of all fiscal matters related to state funds received by the facility governing board and subject to the rules set forth in division (G)(1) of section 2301.55 of the Revised Code.

(F) Each facility governing board shall ensure that the community-based correctional facility and program complies with federal, state and county audit rules governing the management of funds and shall complete fiscal reports and forward to the department of rehabilitation and correction.

(G) Each facility governing board shall maintain and operate facilities and programs that meet the requirements adopted in section 5120.112 of the Revised Code.

(H) Each facility governing board must meet all provisions of rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and must comply with relevant local, state, and federal laws.

Replaces: 5120:1-14-02

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

5120:1-14-03 Requirements for facility governing boards in the operation of community based correctional facilities.

(A) This rule sets forth the minimum requirements of operation that must be met by each facility governing board.

(B) All programs shall have stated goals and measurable objectives within the proposal submitted to the division of parole and community services. Approved programs must operate in a manner consistent with achievement of stated goals and objectives.

(C) Community-based correctional facilities and programs shall have seven-day-a-week, twenty-four-hours-a-day supervisory coverage.

(D) The community-based correctional facility shall afford equal treatment to offenders and staff without discrimination as to age, sex, handicap, race, religion, or national origin.

(E) Each facility governing board shall have a written policy prohibiting any conflict of interest in accordance with Ohio ethics law.

(F) Each facility governing board shall have policies and procedures which shall be available to all employees that shall include:

(1) Job description and job qualifications;

(2) Recruitment, training, and supervision of staff;

(3) Orientation of new staff;

(4) Promotional opportunities;

(5) Disciplinary policies and procedures.

(G) Community-based correctional facilities must be constructed or modified, and maintained and operated so that they comply with design guidelines and operating standards for community-based correctional facilities in Ohio.

(H) Each community-based correctional facility shall be used to confine felony offenders sentenced by a court or courts or referred by a legal entity. The facilities shall be secure and contain any other measures necessary to ensure community safety.

(I) Each community-based correctional facility and program receiving funds from the department of rehabilitation and correction shall comply with statistical requirements as set forth by the division of parole and community services for the purpose of evaluating the facility and program.

(J) Each community-based correctional facility and program shall provide a thirty-day orientation period during which each offender is evaluated to determine placement. During the orientation period no offender shall be released from the facility except for that offender's medical emergency.

(K) All persons who staff the community-based correctional facility and programs, including those who receive some or all of their salaries from state financial assistance, are not employees of the department of rehabilitation and correction.

(L) Persons hired to staff community-based correctional facilities and programs shall be unclassified employees of facility governing boards or contract providers. Each facility governing board shall develop and adopt personnel policies and procedures for hiring, promoting, demoting, suspending, and removing its employees.

(M) Each community-based correctional facility and program shall regularly advise courts of the availability of facilities and programs for proper sentencing decisions and realistic evaluation of alternatives.

(N) Each community-based correctional facility and program shall maintain a case record for each individual admitted to the facility and program which shall contain clear, concise, accurate, and current information. The maintenance and security of individual case records shall be the responsibility of the director of the community-based corrections facility and program, or the director's designee.

Replaces: 5120:1-14-03

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 4/24/03, 1/12/07

5120:1-14-04 Screening standards.

Screening standards shall at a minimum provide for the following:

(A) A referral procedure for use by the sentencing court or legal entity for referral or commitment to the facility and program. The referral procedure shall include but is not limited to:

(1) A procedure for receiving notification from the sentencing court of all felony offenders whom have been sentenced.

(2) A procedure for receiving a presentence investigation report from the court or its probation department. Per section 2951.03 of the Revised Code, the presentence investigation report shall include but is not limited to the following:

(a) Present offense;

(b) Criminal record;

(c) Social history;

(d) Present condition of the defendant.

(B) A procedure for processing referred cases which includes at a minimum the following:

(1) Establishment of a case record upon receipt of notification of a referral from the sentencing court or legal entity.

(2) Determination of offender eligibility, per division (E) of section 2301.52 of the Revised Code and those who may be excluded under the admission criteria specified in rule 5120:1-14-09 of the Administrative Code or by screening standards adopted by facility governing boards.

(3) A screening process to be applied to each eligible felony offender sentenced by the court or legal entity and referred to the program, which at a minimum must include:

(a) Information from the probation department, police authorities, criminal justice and social agencies that have had previous contact with the offender. Review of prior juvenile and adult records contained in the presentence investigation report.

(b) The screening report for each felony offender referred by the court or legal entity shall include but is not limited to the following areas:

(i) Present offense;

(ii) Prior offenses and pending offenses;

(iii) Family relationships;

(iv) Education;

(v) Employment;

(vi) Health;

(vii) Drug/alcohol history;

(viii) Military;

(ix) Goals of offender;

(x) Identification of other agency contact;

(xi) A summary of the screening report must be placed in the case record.

(c) In addition, the screening process shall provide to the offender a description of the community-based correctional facility and its program.

(d) The screening process shall also determine the offender's willingness to participate in the program and abide by its rules if a recommendation for commitment to the program is made and accepted by the sentencing court or legal entity. It shall also provide for determining that the offender is in good physical health and is free of contagious disease. (Programs should be aware that local and/or state health codes may restrict the program from accepting offenders who have contagious disease into the facility and program).

(C) A procedure for presenting the written recommendation to the court.

Effective: 06/04/2012
R.C. 119.032 review dates: 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

5120:1-14-05 Application and fiscal management for facility governing boards.

(A) Application:

(1) Applications for state financial assistance to establish, maintain and operate a community-based correctional facility and program shall be submitted to the division of parole and community services of the department of rehabilitation and correction.

(B) Fiscal management

The fiscal management rules prescribe the procedures with which applicants receiving state financial assistance must comply during the period of agreement.

(1) Terms and conditions:

(a) Applicants agree to operate the program as outlined in the application submitted by the facility governing board and as approved by the division of parole and community services, department of rehabilitation and correction. The application shall contain proposed budget expenditures, by category, for the total cost of operating the facility and program for one year. Second year costs are to be itemized in the same manner.

(b) Funding shall be paid by the department of rehabilitation and correction to the applicant and shall be specified in the grant agreement.

(c) Quarterly payments shall be made by the department of rehabilitation and correction for the period of the agreement. This process shall continue until the total grant award has been expended.

(2) Personnel services:

(a) The only positions which will be funded are those set forth in the application. Changes in number of positions created, filled, or vacated during the grant period require prior approval of the bureau of community sanctions, division of parole and community services.

(b) Persons employed under a grant are not employees of the department of rehabilitation and correction.

(3) Expenses:

(a) Expenditures of state funds may be used to operate the program as submitted and approved by the division of parole and community services.

(b) Expenditures must comply with guidelines established by the division of parole and community services and are consistent with federal, state and local laws.

(4) Payment and accounting:

(a) Payments made under the grant agreement shall be made to county auditors or for deposit with county treasurers as designated in writing by the facility governing board.

(b) There shall be no direct payment of state funds by the department of rehabilitation and correction to any individual or private entity.

(c) The applicant shall maintain adequate records itemizing all expenses paid with grant funds. Such records shall be open to inspection at any time by the department of rehabilitation and correction, the auditor of state or agents appointed by the auditor during and after the grant period.

Replaces: 5120:1-14-05

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

5120:1-14-06 Proposals for community based correctional facility programs.

(A) The director of the department of rehabilitation and correction shall provide local facility governing boards with technical assistance upon request.

(B) Each proposal for a community-based correctional facility and program shall set forth all information required by section 2301.52 of the Revised Code. To assist facility governing boards in developing proposals, the department sets forth the following proposal guidelines: describe, document, and analyze the present status of the local criminal justice system, with special attention on existing correctional services. The use of statistical data shall include figures from the last fiscal year. Information to be reported shall include, but not be limited to, the following:

(1) The number of offenders, with a profile of convictions by felony level, the number sentenced to state institutions, the number placed on community sanctions and the number of sentences modified during the previous fiscal year.

(2) A description of the continuum of sanctions within the proposed community-based correctional facility jurisdiction(s). With a description of how the community-based correctional facility compliments the continuum of sanctions for the jurisdictions to be served and how it will:

(a) Reduce state prison commitments.

(b) Reduce the costs of incarceration in state prison.

(c) Make efficient use of limited prison space for serious offenders.

(d) Provide for public safety.

(e) Provide productive offender reintegration into the community.

(f) Reduce recidivism.

(3) The estimated number of offenders that will be referred or committed to the facility and program in the year of application.

(4) Proposed treatment programs.

(5) The proposed budget for maintaining and operating a facility and program.

(6) Identification of the county or counties establishing a facility governing board, and the names of members of the facility governing board.

(7) Stated goals and objectives of the facility and program.

(C) Facility governing boards whose proposals and/or requests for funding are approved will be notified of approval within sixty days of submission of the proposal.

(D) Facility governing boards whose proposals and/or requests for funding are disapproved will be notified of such disapproval within sixty days of submission along with written reasons.

(E) When a facility governing board wishes to significantly change the proposal during the fiscal year, it may do so with written approval of the department of rehabilitation and correction. Each request for change shall be made in writing to the bureau of community sanctions, division of parole and community services, department of rehabilitation and correction. The department shall respond in writing with an approval or rejection within sixty days of such request. If any request is not granted approval, the specific reasons for the rejection shall be stated and alternative recommendations may be made.

(F) Both facilities and program must be in compliance with the applicable provisions of rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code as well as relevant local, state and federal laws.

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

5120:1-14-08 Compliance with rules of the department of rehabilitation and correction.

(A) Participating facility governing boards shall cooperate with and provide any additional information as may be required by the department of rehabilitation and correction in carrying out an ongoing evaluation of community-based correctional facilities and programs to determine the program's success and to assist the department of rehabilitation and correction in the preparation of its annual report.

(B) Program evaluation:

(1) The program shall be evaluated on the basis of a research design agreed upon between the department of rehabilitation and correction and applicants.

(2) The applicant shall provide information as required by a management information system established by the department of rehabilitation and correction.

(C) Failure to comply with rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and the agreement may be cause for the director of the department of rehabilitation and correction to withhold further funding. The reason for the intent to withhold funds shall be given in writing to the facility governing board sixty days prior to the withholding of funds. The facility governing board shall have sixty days following the receipt of such notice in which to present a petition for reconsideration to the director of the department of rehabilitation and correction.

Paragraph (C) of this rule, including, but not limited to, its written notice requirement and its petition procedure, do not apply to any funding reduction imposed pursuant to paragraph (D) of rule 5120:1-14-09 of the Administrative Code.

Effective: 06/04/2012
R.C. 119.032 review dates: 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 3/28/93, 9/1/97, 4/1/01, 12/15/06

5120:1-14-09 General operating standards for community-based correctional facilities.

(A) Community-based correctional facilities receiving funding by the department of rehabilitation and correction will meet the following general standards of operation:

(1) The program director(s) shall have a minimum of a bachelor's degree in a criminal justice or social science field or a minimum of five years full-time experience working with offenders.

(2) At least seventy-five per cent of staff providing case management or programming to offenders shall have an associates degree or higher.

(3) All service provided must be administered by staff with board certification or licensure when required.

(4) All full-time staff having direct contact with offenders shall receive a minimum of twenty-four hours of training annually relevant to changing offender behavior. Training hours for part-time staff shall be on a prorated basis. The program director or training administrator shall approve appropriate staff training and shall ensure training hours are completed.

(5) Job performance for program directors and all staff shall be reviewed annually. In addition to formal written annual evaluation(s), supervisors shall monitor, guide and assist staff to ensure effective delivery of services.

(6) Programs shall have a written code of ethics, which is communicated to staff. Violations of the code of ethics shall be addressed according to agency policy.

(7) Programs shall develop and implement written agency policies and procedures. Policies shall be reviewed annually by the executive director or designee and changes approved by the governing entity.

(8) The program director shall have input in the development and review of program policies and procedures.

(9) Programs shall submit written reports of serious incidents to the bureau of community sanctions within two business days of the time the incident occurred or was reported. Serious incidents could include: escapes, fires, assaults, inappropriate sexual behavior, serious agency staff misconduct, theft, building emergencies, use of force/deadly force, property loss or damage and violations of the Revised Code that could include law enforcement involvement.

(10) Programs shall develop written policies and procedures requiring the retention and disposal of all grant purchased equipment and corresponding inventory list according to grant guidelines

(11) Programs shall correct all fiscal findings and provide documentation of the corrective action to the bureau of community sanctions.

(12) Programs shall enter intake, termination and reassessment data into the DRC management information system within fourteen calendar days unless the bureau of community sanctions grants a written waiver.

(13) DRC management information system data will be accurate when compared to case file information.

(14) Programs shall conduct case record audits to ensure that records are current, complete and accurate.

(15) Programs shall retain all offender records for a minimum of five years from the date of offender termination from the program.

(16) Residential programs shall have an annual fire inspection and a valid food service license.

(17) Residential programs shall achieve and maintain ACA accreditation. ACA reports and compliance letters shall be submitted to the bureau of community sanctions annually.

(18) Program or supervision design shall be evidence-based.

(19) The program director shall be involved in the development, enhancement and implementation of the internal program curriculum or program operations.

(20) Program staff shall have the opportunity to provide input into modification of the program.

(21) Offenders shall have the opportunity to provide input into the overall program.

(22) Agencies shall monitor program implementation and program integrity.

(23) The program director or designee shall monitor contractual program services provided by external entities. All funded service contracts are to be performance-based. A quality assurance process shall be in place to ensure contractual services meet the program and offender needs.

(24) The program director shall monitor the utilization of external referrals. A quality assurance process shall be in place to ensure services meet the program and offender needs.

(25) Programs shall make positive contributions to the community.

(26) Programs are supported and valued by the criminal justice system.

(27) Programs shall define the process for referrals, and acceptance, rejection and termination criteria.

(28) All programs designed to reduce offender risk and needs shall administer a validated and reliable risk and needs instrument upon intake.

(29) All programs designed to reduce offender risk and needs shall ensure services are individualized and address criminogenic targets, based on the results of a validated and reliable risk and needs instrument. Offenders shall have input into the development of their program.

(30) Prior to the offender's successful program termination an aftercare plan shall be developed with and provided to the offender, containing recommendations for appropriate linkages.

(31) The program director shall have input in the hiring of program staff.

(32) The program director shall be engaged and involved in the delivery of direct services to offenders.

(B) Subject to paragraphs (C) and (D) of this rule, in addition to satisfying the general standards of operation described in paragraph (A) of this rule, a community-based correctional facility that is receiving funding from the department of rehabilitation and correction shall be used to confine only those felony offenders who satisfy one or more of the following admission criteria:

(1) The offender's risk level, as assessed using the Ohio risk assessment system, is high;

(2) The most serious offense for which the offender is being sentenced to the community-based correctional facility is a felony of the first degree or a felony of the second degree;

(3) The most serious offense for which the offender is being sentenced to the community-based correctional facility is a felony of the third degree and the offender's risk level, as assessed using the Ohio risk assessment system, is not lower than moderate; or

(4) The most serious offense for which the offender is being sentenced to the community-based correctional facility is a felony of the fourth degree or a felony of the fifth degree; the offender's risk level is not lower than moderate, as assessed using the Ohio risk assessment system; and either or both of the following applies:

(a) The offender is being placed in the facility for violating a condition of supervision; or

(b) The offender has one or more community control revocations in the preceding five years.

(C) The grant agreement entered into between the department of rehabilitation and correction and the facility governing board may identify an acceptable percentage of felony offenders committed to the community-based correctional facility during each quarter of the grant period that do not satisfy any of the admission criteria specified in paragraphs (B)(1) to (B)(4) of this rule. This percentage shall be hereinafter referred to as the "CBCF deviation cap." The CBCF deviation cap identified in the grant agreement shall not exceed ten per cent of the total number of offenders committed to the community-based correctional facility during each quarter of the grant period. In establishing the CBCF deviation cap, the department shall consider the availability of outpatient criminogenic programming in the jurisdiction or jurisdictions served by the community-based correctional facility. The grant agreement shall specify the amount by which the grant amount will be reduced in accordance with paragraph (D) of this rule if the grant recipient exceeds the CBCF deviation cap as described in that paragraph.

The commitment of the following types of offenders to a community-based correctional facility shall not count against the CBCF deviation cap:

(1) Offenders receiving non-residential services provided by the facility, which are funded in whole or in part by the department. Each grant agreement shall identify the specific non-residential services that do not count against the CBCF deviation cap under this paragraph.

(2) Offenders committed to a facility as a condition of judicial release under section 2929.20 or 2967.19 of the Revised Code.

(3) Offenders whose risk level is moderate, as assessed using the Ohio risk assessment system, and who are committed to the facility for programming that is directed at specific, targeted populations. Such offenders include, but are not limited to, offenders convicted of domestic violence, operating a motor vehicle while intoxicated, sexually oriented offenses, and failure to pay child support.

(D) At the conclusion of every third month in the grant period, the department shall measure a grant recipient's compliance with any CBCF deviation cap established in the grant agreement. In measuring that compliance, the department shall determine the percentage of the total number of offenders committed to the community-based correctional facility during the preceding three months who do not satisfy any of the admission criteria specified in paragraph (B) of this rule nor fall within one of the categories of offender excluded from the CBCF deviation cap under paragraphs (C)(1) to (C)(3) of this rule. If that percentage exceeds the CBCF deviation cap, the department shall promptly inform the grant recipient that two more consecutive quarters of exceeding the CBCF deviation cap will result in a reduction in the grant amount. In the event that the grant recipient thereafter exceeds the CBCF deviation cap for two more consecutive quarters, the grant amount shall be reduced as prescribed in the grant agreement.

(E) As used in this rule:

(1) "Ohio risk assessment system" means the single validated risk assessment tool identified in rule 5120-13-01 of the Administrative Code.

(2) "Community control revocation" means an entry journalized by a juvenile court, municipal court, county court, county municipal court, or court of common pleas in response to an offender's violation of a condition of community control and through which the court imposes a longer time under the same sanction, imposes a more restrictive sanction, or imposes a period of incarceration in response to the violation.

Effective: 06/04/2012
R.C. 119.032 review dates: 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.112
Prior Effective Dates: 12/15/06

5120:1-14-10 Specific operating standards for community-based correctional facilities.

(A) Community-based correctional facilities receiving funding by the department of rehabilitation and correction will meet the following specific standards of operation:

(1) The governing board of the facility shall hold meetings at least semi-annually with the facility director or contracting agency.

(2) The facility shall submit an annual program analysis no later than sixty days after the end of the fiscal year. The program analysis shall at a minimum include:

(a) Education level of offenders at program entry and exit in reading, math, language and average education level, if applicable;

(b) Number of GED tests taken by offenders; and

(c) Number of GED tests passed by offenders.

(3) The facility shall be clean and in good repair with housekeeping and maintenance plans in effect.

(4) There shall be a minimum of two photographs taken of each offender and placed as follows:

(a) Main control post or designated area; and

(b) Offender file

(5) The facility shall implement a policy and procedure that documents the increased surveillance of offenders at intervals of no more than twenty minutes if an offender currently presents the following: suicidal, assaultive, or escape risks.

(6) A written policy and procedure shall be implemented for offenders placed into disciplinary isolation. The policy, at a minimum, shall include a documented physical observation of offenders at least every thirty minutes during isolation.

R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01 , 5120.111
Rule Amplifies: 2301.51 , 2301.52 , 2301.55 , 2301.56 , 2301.57 , 2301.571 , 2301.58 , 5120.111
Prior Effective Dates: 12/15/06