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.

Five Year Review (FYR) Dates: 03/10/2016 and 01/08/2021
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