Chapter 5120:1-16 Sex Offender and Child-Victim Offender Treatment Programs

5120:1-16-01 Certification for sex offender and child-victim offender treatment programs.

(A) There is hereby created within the department a sex offender and child-victim oriented offender treatment program certification advisory board. The board's responsibilities will be to direct the inspection and monitoring of sex offender and child-victim offender treatment programs. The board will also recommend the certification of sex offender and child-victim offender treatment programs to the director of the department of rehabilitation and correction. The board will monitor and recommend certification for such programs solely for the purposes of compliance with section 2950.15 of the Revised Code.

(1) The board shall consist of the department's director of sex offender services, the director of the sex offender risk reduction center, and the deputy director of the division of parole and community services or designee.

(2) The board shall also consist of representatives from the Ohio justice alliance for community corrections, the Ohio community corrections association, the Ohio judicial conference, the Ohio chief probation officer's association, and a representative from an established victim advocacy organization upon the invitation of the director and consent of the organization.

(B) A sex offender or child-victim oriented offender treatment program shall apply, in writing, to the advisory board for certification. Upon application, the board shall contact the applicant to schedule a mutually convenient time to conduct an on-site inspection and interview. The board may utilize other department staff, trained in sex offender treatment, to assist in conducting any inspections and interviews.

(C) A sex offender or child-victim oriented treatment program may be recommended for certification if it substantially complies with the standards established by the advisory board. The board shall establish standards that address the following:

(1) Statement of philosophy, including goals and model of treatment;

(2) The theoretical principles and operating methods employed to treat clients;

(3) The scope of services offered.

(D) The advisory board shall recommend certification for those sex offender and child-victim offender treatment programs that comply with the standards established by the board. It is within the discretion of the board to determine whether a treatment program is in compliance with any or all of the standards established by the board.

(E) If the board does not recommend certification for an applying program, the board shall notify the treatment program, in writing, of the reason or reasons for the decision not to make a recommendation. The board shall reconsider their decision not to recommend a program for certification upon the request of the treatment program, if submitted within sixty days of the board's written decision. Such a request must be accompanied by additional or supplemental information that was not included in the original request for certification. The determination regarding recommendation upon reconsideration under this paragraph is final and not reviewable in any court.

(F) The advisory board shall monitor the performance of each certified sex offender and child-victim oriented offender program no less than once every two years. In order to maintain the certification, the treatment program must show maintenance of the standards established by the board.

(G) If the advisory board recommends revocation of certification for failure to maintain the standards established by the board, the board shall notify the treatment program, in writing, of the reason for the recommendation. The certification shall be terminated sixty days from the receipt of the revocation notice from the board, unless a reconsideration is requested pursuant to paragraph (H) of this rule.

(H) The board shall reconsider the recommendation of the revocation of a certification upon the written request of the treatment program, if submitted within sixty days of the revocation. Such a request must be accompanied by additional or supplemental information. The board shall act upon the request for reconsideration within thirty days from the receipt of the request. If the board determines that revocation of certification is appropriate, the board shall follow the procedure for termination in paragraph (G) of this rule. A program may request a reconsideration of the revocation of certification only once.

(I) The advisory board shall maintain a list of certified sex offender and child-victim oriented offender treatment programs that are open to public inspection.

Effective: 05/12/2013
R.C. 119.032 review dates: 01/03/2013 and 05/12/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01 ; 2950.16
Rule Amplifies: 2950.15 , 2950.16
Prior Effective Dates: 07/01/2008