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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5120-9 | Use of Force; Institutional Rules

 
 
 
Rule
Rule 5120-9-01 | Use of force.
 

(A) As the legal custodians of a large number of potentially dangerous inmates, prison officials and employees are confronted with situations in which it may be necessary to use force to control inmates or respond to resistance. This rule identifies the circumstances when force may be used lawfully.

(B) As used in this rule and rules 5120-9-02 and 5120-9-03 of the Administrative Code:

(1) "Force" means the exertion or application of a physical compulsion or constraint.

(a) The mere application and use of restraints (such as handcuffs, waist or leg restraints) in connection with accepted procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(b) The use of one's hands with minimal force such as may be necessary or incidental to the application of restraints, or to restrain, guide, support, or direct, etc., an inmate during procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(c) If force, greater than minimal force, is needed to overcome the physical resistance of an inmate in order to apply restraints or otherwise gain control of the inmate, it shall be considered a reportable use of force.

(2) "Less-than-deadly force" means any force which could not reasonably be expected to result in the death of the person against whom it is directed.

(3) "Excessive force" means an application of force which, either by the type of force employed, or the extent to which such force is employed, exceeds that force which reasonably appears to be necessary under all the circumstances surrounding the incident.

(4) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person. Examples of deadly force include, but are not limited to, the following:

(a) Discharging a firearm in the immediate vicinity of or directed toward another person;

(b) Striking another person on the head with an instrument;

(c) Applying force or weight to the throat or neck of another.

(5) "Physical harm to persons" means any injury or other physiological impairment regardless of its gravity or duration.

(6) "Serious physical harm to persons" means any of the following:

(a) Any physical harm which carries a substantial risk of death;

(b) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;

(c) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment which occurred as a result of a physical injury;

(d) Any physical harm which involves some permanent disfigurement or which involves some temporary, serious disfigurement;

(e) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain.

(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.

(8) "Substantial risk" means a strong possibility, as contrasted with a remote or insignificant possibility, that a certain result may occur or that certain circumstances may exist.

(9) "Immobilizing security restraints" means any appliance which secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" shall include, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(C) Guidelines regarding the use of force. Force shall be used in accordance with the following guidelines.

(1) Amount of force. Staff members considering the use of force shall evaluate the need to use force based on the circumstances as known and perceived at the time it is considered.

(a) Staff may use force only to the extent deemed necessary to control the situation; staff shall increase or decrease the level of force as resistance increases or decreases.

(b) Staff should attempt to use only the amount of force reasonably necessary under the circumstances to control the situation and shall attempt to minimize physical injury.

(c) Force or physical harm to persons shall not be used as punishment.

(2) Less-than-deadly force. There are six general circumstances in which a staff member may use force against an inmate or third person. A staff member may use less-than-deadly force against an inmate in the following circumstances:

(a) Self-defense from physical attack or threat of physical harm.

(b) Defense of another from physical attack or threat of physical attack.

(c) When necessary to control or subdue an inmate who refuses to obey prison rules, regulations or orders.

(d) When necessary to stop an inmate from destroying property or engaging in a riot or other disturbance.

(e) Prevention of an escape or apprehension of an escapee; or

(f) Controlling or subduing an inmate in order to stop or prevent self-inflicted harm.

(3) Deadly force. Deadly force may only be used when the staff member reasonably believes that such force is necessary to accomplish any of the following:

(a) To protect self or another from death or serious physical harm being caused or threatened by an inmate or another person;

(b) To prevent or halt the commission of an escape, or to apprehend an escapee, or;

(c) To prevent loss of control of the institution, or a significant part, or in order to regain such control.

(4) Whenever possible, an appropriate oral warning shall be given prior to the use of deadly force. In no event shall a warning shot from a firearm be appropriate.

(5) Medical attention for any individual injured during a use of force incident will be provided as soon as practical after the incident.

(6) Force to achieve compliance: any use of force in which staff can prepare for the use of force. Staff shall call for assistance before using such force. When safe and reasonable to do so, such force should be directed by the shift supervisor or other ranking official and should be videotaped.

(7) Reactive force- a use of force that is an immediate response to an immediate threat of harm to oneself or another; and the individual can safely and effectively respond to the threat.

Last updated March 24, 2023 at 10:42 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/10/2028
Prior Effective Dates: 11/27/1976, 9/4/1984
Rule 5120-9-02 | Use of force report and investigations.
 

(A) Following any reported use of force, the shift supervisor shall ensure that the following reports have been completed:

(1) Each staff member who used force or who witnessed any part of the use of force shall complete an incident report which accurately and completely describes what he or she observed, what led up to the incident and what was done to resolve the matter, and what force was used by the staff member. The report form shall list the inmates on whom force was used, the staff members who used force and any staff, inmate or other witnesses known. The report shall be completed prior to the end of the shift, unless the staff member, for good cause, is unable to do so.

(2) The shift supervisor shall obtain a written statement from each inmate against whom force was used describing the inmate's version of the event, and identifying any witnesses to the event. This statement shall be taken as soon as possible after the incident. The shift supervisor shall determine what additional witness statements are needed and, in making this determination, shall take into consideration both the nature of the incident and any injuries received. The inmate may refuse to make such a statement, but shall make his refusal in writing and shall acknowledge that he knowingly waived his opportunity to make a statement.

(3) In the event that the inmate is placed in restrictive housing and suspected of committing a criminal offense, the warden, warden's designee, or highest ranking official on site shall consult with the Ohio state highway patrol prior to interviewing the inmate to coordinate the administrative investigation with any criminal investigation.

(4) Medical staff shall examine all individuals upon whom force was used, and any individual who used force on an inmate. Medical staff shall prepare a written assessment of each individual examined. Whenever a person is injured and needs medical care a shift supervisor shall collect and report the names of staff and inmate witnesses. If the shift supervisor was directly involved in the force incident, statements shall be obtained by another supervisor not directly involved in the incident.

(5) The shift supervisor shall consider making a videotape or photographic record of any individual, whether staff or inmate, who was or claims to have been injured during the incident. In deciding to make such a record, the shift supervisor shall consider:

(a) The extent of the injuries;

(b) The nature of the incident, even if the individual is uninjured; and

(c) Whether the injury is visible or capable of being photographed.

(6) The record of injuries may be made at the time of the medical assessment if doing so will not interfere with or delay the delivery of necessary medical care. Such record must not include any medical information apart from a description or depiction of the injury.

(B) The shift supervisor shall prepare a packet containing each of the documents listed in this rule together with any other witness statements or information considered relevant. The shift supervisor should save any available recordings, including all security cameras and any hand-held recordings that capture the incident and post-incident escorts. The shift supervisor shall prepare a report on the appropriate form to attach to the relevant documents referenced in paragraph (A) of this rule. The shift supervisor shall deliver this packet to the chief of security, and/or other designee who will review the packet for accuracy, consistency and completeness. The completed packet will then be delivered to the designated deputy warden as soon as all reports are completed.

(C) The designated deputy warden shall review the use of force packet prepared by the shift supervisor. The designated deputy warden may order or collect additional statements or other information as needed. The deputy warden shall determine the following:

(1) Are the factual circumstances described sufficiently in the record to enable an evaluation of the amount of force used;

(2) Are the factual circumstances of the situation in dispute;

(3) Was the type and amount of force appropriate for the circumstances as the deputy warden of operations believes them to have occurred;

(4) Was the type and amount of force reasonable under the circumstances as the responding staff perceived them; and

(5) Were applicable administrative rules, departmental policies, institution policies and post orders followed.

(D) The designated deputy warden shall send his or her determinations as described above to the warden for review or further action. The warden may:

(1) Accept the findings of the deputy warden;

(2) Direct that the deputy warden or other appropriate staff conduct further inquiry into the situation;

(3) Refer the matter to a use of force investigation; or,

(4) Refer the matter to the chief inspector, pursuant to paragraph (K) of this rule, for investigation.

(E) The warden may refer any use of force to a use of force investigation at any time. The warden is required to refer the use of force for further inquiry if any of the following apply:

(1) The factual circumstances are not described sufficiently in the record to enable an evaluation of the propriety of the amount of force utilized;

(2) The incident involved serious physical harm to any person;

(3) The incident constituted a significant disruption to the normal operation of the institution; or

(4) Weapons, PR-24 strikes, or less-lethal munitions were used during the incident, whether by staff or by inmates.

(F) The use of force investigator shall be assigned by the warden or designee. The use of force investigator shall conduct a review of the use of force incident and the matters surrounding the incident. The investigator shall not be any person involved with the incident under investigation, nor such person's direct supervisor, nor any person who reviewed some other aspect of the incident, such as the hearing officer or a member of the rules infraction board. The person appointed to investigate a use of force incident must complete training for that position.

(G) The use of force investigator shall review all materials in the use of force packet and any findings previously made. The investigator shall also interview each inmate and staff member directly involved, and any other relevant witnesses. These interviews shall be completed within twenty working days of the date the matter was referred to the investigator. Any extensions must be approved by the warden. The investigator shall review any other relevant evidence.

(H) The investigator shall prepare a report which contains findings of fact and conclusions as to whether the level and degree of force used was appropriate for the circumstances. The investigator shall submit to the warden a report, a summary of the statements received, the use of force packet, and any other information received by the investigator within thirty working days after being assigned. The warden must approve any request for an extension of the deadline for the report.

(I) The warden shall review the record and report presented by the investigator. If the warden believes that further investigation or clarification is necessary the warden may return the matter to the assigned investigator, another investigator, or the chief inspector for additional investigation or review. When the warden is satisfied that the matter has been thoroughly investigated, the warden shall take such actions as he or she deems appropriate.

(J) The warden shall supplement the report with any relevant information about other actions taken as a consequence of the conclusions of the report. The complete investigative record shall be stored in a secure area designated by the warden. A copy of the cover sheet and report prepared by the investigator, minus any attachments, shall be placed in the offender's unit file and in the designated employee file.

(K) The chief inspector may initiate an investigation of a use of force incident either upon his or her own initiative or upon the request of the director, assistant director, regional director, or the warden of the institution in which the incident took place. In such cases the chief inspector may utilize other departmental staff to assist with the investigation or hearing as may be necessary or appropriate, notwithstanding other provisions of this rule to the contrary.

(L) A use of force investigation report generated under this rule shall also serve as the administrative investigation into conduct which may be in violation of departmental policies, procedures, and/or rules. The use of force investigation may be used to support employee disciplinary action.

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 5/5/2025
Prior Effective Dates: 8/19/2004, 1/1/2008, 1/20/2017
Rule 5120-9-03 | Inmate complaints of use of force where no use of force report has been made.
 

(A) A use of force by a staff member, as defined in rule 5120-9-01 of the Administrative Code, with no subsequent use of force report being made is contrary to department policy.

(B) The inspector of institutional services, (hereinafter referred to as the IIS,) of each institution shall have the responsibility of investigating inmate complaints of use of force by a staff member, where no report was filed.

(C) In the event of a complaint by an incarcerated individual of use of force, where no use of force report was made, the following procedure shall apply:

(1) Any incarcerated individual complaint of use of force, whether oral or written, received by any staff member, shall be immediately forwarded to the IIS. If the complaint is oral, the staff member receiving the complaint shall document it in an incident report and forward a copy to the IIS.

(2) Regardless of the manner in which a complaint of use of force is received, the staff member receiving the complaint shall insure that a prompt medical examination is made of the incarcerated individual upon who the use of force was allegedly used.

(3) Upon receipt of a complaint of a use of force, the IIS shall review all available camera footage.

(a) The IIS shall interview the incarcerated individual, the staff member(s) allegedly involved, and any other witnesses the IIS deems necessary, unless the camera footage demonstrates conclusively that a use of force did not occur.

(b) If camera footage is available and demonstrates conclusively that force DID NOT occur, the IIS may conclude their investigation without interviewing the incarcerated individual or any other person and proceed to paragraph (C)(5) of this rule.

(c) Regardless of the determination, any camera footage that is reviewed shall be preserved for the same period of time as the report to the warden is preserved.

(4) If the IIS determines that a use of force did occur the IIS shall require that appropriate use of force reports be filed.

(5) The IIS shall prepare a report for the managing officer, which will include his or her findings, a summary of the evidence upon which the finding was based, and any and all relevant documentation, such as the incarcerated individual's written complaint, incident reports, and or use of force reports.

(6) The managing officer shall then take action consistent with rule 5120-9-02 of the Administrative Code.

Last updated May 27, 2021 at 9:33 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/24/2024
Prior Effective Dates: 7/1/2004
Rule 5120-9-04 | Appropriate supervision, discrimination and racial issues.
 

(A) Discrimination with regards to supervision and administrative actions against any inmate or group of inmates, on the basis of race, color, religion, gender, sexual orientation, disability, age or national origin, by any staff member, or by any group or individual representing the department is strictly prohibited. Any substantiated acts of discrimination on the part of staff will be addressed through the employee disciplinary process, which may include such sanctions as suspension or removal.

(B) As used herein, the term "inappropriate supervision" means any continuous method of annoying or needlessly harassing an inmate or group of inmates, including, but not limited to, abusive language, racial/sexual derogatory slurs, and the writing of inmate conduct reports strictly as a means of harassment. A single incident may, due to its severity or egregiousness, be considered inappropriate supervision for purposes of this rule.

(C) To provide a monitoring mechanism to ensure conduct reports are not being issued strictly for harassment purposes the department of rehabilitation and correction shall keep a record of conduct reports written by each staff member. The record shall include a copy of the conduct report and its disposition.

(D) Inmates may always address issues of alleged discrimination, including inappropriate supervision by utilizing the inmate grievance procedures in accordance with rule 5120-9-31 of the Administrative Code.

(E) Notwithstanding paragraph (D) of this rule, when any staff member receives an inmate complaint that appears to allege inappropriate supervision as defined by this rule, the staff member shall immediately forward the complaint to the inspector of institutional services for review.

(F) If after review the inspector of institutional services determines the complaint to constitute a possible violation of appropriate supervision the following procedure shall apply:

(1) The inspector of institutional services shall promptly interview the inmate who wrote the complaint. The inmate shall at this time be advised of the availability of the inmate grievance procedures if the inmate wishes to pursue the complaint on his own behalf.

(2) Regardless of the inmate's decision whether or not to utilize the inmate grievance procedures, if the inspector of institutional services, based on his interview with the inmate, finds that the inmate's complaint may have merit, the inspector of institutional services will conduct further investigation, including conducting interviews of the staff member(s) involved, potential or identified witnesses, and anyone else the inspector of institutional services feels may have relevant testimony to give, and video footage to include body worn camera footage. If relevant to the complaint, the inspector of institutional services shall review the staff member's conduct report writing record.

(3) After the inspector of institutional services has completed the investigation, the inspector of institutional services shall then make a conclusion as to whether or not the supervision of the staff member was appropriate. If the inspector determines the supervision was inappropriate, the inspector will write a report to the managing officer that will include the incarcerated adult's original complaint, the inspector of institutional services' finding of fact, and the evidence upon which the finding is based. In cases where the inmate has filed a grievance, the inspector of institutional services will also provide the inmate with a disposition to the grievance, which will include the inspector of institutional services' findings, consistent with rule 5120-9-31 of the Administrative Code. The inspector's report to the managing officer shall also serve as the administrative investigation into conduct which may be in violation of departmental policies procedures and/or rules. The inspector's report may be used to support employee disciplinary actions.

(4) The managing officer may order additional investigation, if the managing officer deems necessary. At the point the managing officer decides the incident has been thoroughly investigated, the managing officer will take any appropriate action necessary.

(5) A copy of all documents related to the complaint and investigation, including the report to the managing officer and the managing officer's response, if any, shall be maintained by the inspector of institutional services in accordance with the established and applicable record retention schedule.

(G) All employee orientation and in-service training and staff development will include extensive programs in interpersonal communications and human relations, including appropriate supervision and cultural sensitivity.

(H) So far as reasonably possible, and consistent with all other applicable constitutional and statutory requirements, institutional programs and work assignments should closely reflect the racial composition of the institution's inmate population.

Last updated July 1, 2024 at 4:28 PM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/18/2029
Prior Effective Dates: 12/31/1976, 5/23/2014
Rule 5120-9-05 | Immobilizing restraints for security or administrative purposes.
 

(A) Immobilizing security restraints may be used for the safety of persons and the security and good order of the institution. Immobilizing security restraints shall never be used as punishment. The use of immobilizing security restraints shall be governed by this rule and rule 5120-9-01 of the Administrative Code, except. the requirements of this policy will not govern nor have application in mental health housing or in any use of therapeutic restraints on a seriously mentally ill inmate under the supervision of healthcare treatment staff.

(B) Reports. The use of immobilizing security restraints will be considered an application of force.

(1) Staff involved in placing an inmate in immobilizing security restraints will document the placement as a use of force. The use of force incident reports and all related documents shall be delivered to the shift commander prior to the end of the shift in which the restraints were applied.

(2) Institution staff who recommend or authorize placement of an inmate in immobilizing security restraints will document the factors related to that decision in an incident report, explaining the events leading up to the application of the immobilizing restraints.

(3) The application of immobilizing security restraints under this policy will be recorded on videotape.

(C) The following terms are defined as indicated.

(1) "Immobilizing security restraint" means any appliance that secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" includes, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(a) Inmates will be restrained in the face-up position (supine), with face towards the ceiling, arms at the sides, and with feet approximately shoulder-width apart, unless otherwise ordered by the institution medical director.

(b) Inmates will not be restrained by linking the hands and feet behind the back, sometimes called "hog-tying."

(2) "Initial Period of Restraint" means the first authorized period of immobilizing security restraint that may be up to two hours in duration. This period of restraint may be initiated by either the highest-ranking supervisor on site, the shift supervisor, or other person designated by the managing officer.

(3) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. The continued period of restraint may be up to six hours in duration. This period of restraint may only commence with the approval of a physician following an examination of the inmate by a qualified medical professional.

(4) "Mental health housing" is a residential treatment unit ("RTU"), mental health crisis cell, infirmary cell or any other housing designated for treatment of inmates for serious mental illness.

(5) "Qualified medical professional" is a registered nurse, a nurse practitioner, a physician or a physician assistant.

(D) Authorization. The highest ranking supervisor on site, the shift supervisor, or other person designated by the managing officer will authorize the placement of an inmate in immobilizing security restraints when he or she determines that:

(1) The inmate is engaging in violent, threatening, destructive or self-destructive behavior that poses an imminent risk of physical harm to himself or another, or;

(2) The inmate persists in disruptive behavior or behavior that threatens the security of the institution, and,

(3) Will not respond to orders to cease and other means of restraint do not appear to be an effective alternative, and,

(4) The imposition of immobilizing security restraints is necessary to gain control of the inmate.

(E) Duration and release. An inmate placed in immobilizing security restraints will be restrained for limited, authorized periods or until the reason for the restraint no longer exists, whichever comes first. An inmate in immobilizing security restraints will be permitted to take liquids every two hours, eat meals and use toilet facilities, as the inmate's behavior allows it. The inmate should be released to the degree and for the time necessary to perform these functions.

(1) "Initial Period of Restraint." The first authorized period of immobilizing security restraint may be initiated as indicated in paragraph (D) of this rule. This period may be up to two hours in duration.

(a) Medical exam. A qualified medical professional will immediately review the inmate's medical file and personally examine the inmate. The inmate will be continually observed until the qualified medical professional evaluation and approval occurs. The qualified medical professional's review will be documented in the inmate's medical chart.

(2) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. If during the initial period of restraint the inmate continues to demonstrate violent, turbulent, threatening, or self-destructive behavior, a continued period of restraints may be authorized. This period may last for up to six hours.

(a) To authorize this period of restraint, the shift supervisor or other official identified in paragraph (D) of this rule, will determine that the reasons for the application of restraints still exist; and,

(b) A physician will approve the continued period of restraint. In order to approve the continued period of restraint, a physician or a qualified medical professional will first examine the inmate and record the examination in the medical file. If the qualified medical professional, conducts the examination, he or she will also speak to a physician whose approval will be necessary for continued restraint. The physician's approval will be documented in the medical file, and may be provided by telephone.

(3) The shift supervisor will consult with the mental health staff at the time of release to evaluate the inmate's present needs. If continued restraint may appear to be necessary after eight hours of restraint, the medical director and the bureau of behavioral health services staff will evaluate the inmate personally and recommend appropriate action.

(4) Release from immobilizing security restraints can be ordered at any time by the shift supervisor, the physician, the managing officer or the managing officer's designee when the inmate is no longer disruptive, threatening or engaging in self-destructive behavior, or creating a security risk.

(5) If the examining qualified medical professional concludes at any time that the inmate is likely to suffer imminent and serious physical harm as a result of the restraints, the qualified medical professional will immediately communicate this information to the shift supervisor. The shift supervisor will then take action to diminish the risk of harm to a medically acceptable level, up to and including the release of the inmate from the restraint.

(F) Health care notifications. As soon as possible after an inmate has been placed in immobilizing restraints, the shift supervisor will notify the institution's mental health staff, or medical staff if mental health staff is not available on site. When the incident is to be handled as a planned use of force, the medical staff will be notified prior to the incident and will be in attendance during the incident whenever possible.

(1) The health care staff contacted will check to determine whether the inmate is on the mental health caseload.

(2) If the inmate is on the caseload or is behaving in an unusual manner, the health care staff will contact the appropriate on-duty psychiatrist, psychologist, licensed independent social worker or the psychiatrist on-call for an appropriate consultation.

(3) Documentation of the health care evaluation and any subsequent actions will be entered into the mental health record if completed by mental health staff, or into the medical record if completed by medical staff.

(G) Monitoring. Staff will periodically check on the condition of any inmate in restraints.

(1) After the initial qualified medical professional's evaluation and approval referenced in paragraph (E)(1)(a) of this rule, security staff will check an inmate in immobilizing security restraints on an irregular basis, not to exceed fifteen minutes apart. Each check will be documented in an appropriate restraint log indicating the time of the check, the inmate's behavior, and any observations made by staff and the staff member's initials.

(2) A qualified medical professional will check on the condition of any inmate in immobilizing security restraints no less than every two hours. The medical staff is responsible for documenting these checks in the medical file and in the appropriate restraint log.

(3) "Restraint Log." Whenever an inmate is placed in immobilizing security restraints, staff responsible for the supervision of the area in which the inmate is held will maintain a restraint log noting the reasons for the restraints and the time and date of restraint, authorizations, staff contacts with the inmate, medical contacts with the inmate, and other appropriate information.

Last updated May 31, 2024 at 6:52 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/19/2029
Prior Effective Dates: 8/19/2004
Rule 5120-9-06 | Inmate rules of conduct.
 

(A) The disciplinary violations defined by this rule address acts that constitute an immediate and direct threat to the security or orderly operation of the institution, or to the safety of its staff, visitors and inmates, (including the inmate who has violated the rule), as well as other violations of institutional or departmental rules or regulations.

(B) Dispositions for disciplinary rule violations (henceforth, "rule violations") are defined in rules 5120-9-07 and 5120-9-08 of the Administrative Code.

(C) Assault and related acts rule violations: Assault and related acts, rules 1.1 through 1.6; threats, rules 2.1 through 2.5; sexual misconduct, rules 3.1 through 3.8; fighting, unauthorized group activity, and disturbances, rules 4.1 through 4.6; resistance to authority and disrespect, rules 5.1 through 5.7; unauthorized relationships, rule 6.1; lying and falsification, rules 7.1 through 7.2; escape and related conduct, rules 8.1 through 8.6; weapons, rule 9.1; drugs and other related matters, rules 10.1 through 10.7; gambling, dealing and other related offenses, rules 11.1 through 11.4; property and contraband, rules 12.1 through 12.7; fire violations, rules 13.1 through 13.2; computer, telephone, mail, and visiting, rules 14.1 through 14.7; tattooing and self-mutilation, rules 15.1 through 15.2; general provisions rules 16.1 through 16.3 as follows:

(1) Causing, or attempting to cause the death of another person (DRC inmate rule of conduct no. 1.1).

(2) Hostage taking, including any physical restraint of another person. (DRC inmate rule of conduct 1.2).

(3) Causing, or attempting to cause, physical harm to another person. (DRC inmate rule of conduct 1.3).

(4) Throwing, expelling, or otherwise causing a bodily substance to come into contact with another person. (DRC inmate rule of conduct 1.4).

(5) Throwing any other liquid or material on or at another person. (DRC inmate rule of conduct 1.5).

(6) Knowingly transmitting a communicable disease to another person. (DRC inmate rule of conduct 1.6.

(7) Threatening bodily harm to another person (with or without a weapon). (DRC inmate rule of conduct 2.1.

(8) Threatening harm to the property of another, including state property (DRC inmate rule of conduct 2.2).

(9) Extortion by threat of violence or other means towards another person. (DRC inmate rule of conduct 2.3).

(10) Use of telephone, mail, electronic devices, or any form of communication to threaten, harass, intimidate, or annoy another person. (DRC inmate rule of conduct 2.4).

(11) Intentionally grabbing or touching (not sexual contact) a staff member or non-incarcerated person without the consent of such person in a way likely to harass, annoy, or impede the movement of such person (DRC inmate rule of conduct 2.5).

(12) Non-consensual sexual conduct with another person, whether compelled by force, by threat of force, by intimidation other than threat of force, or by any other circumstances evidencing a lack of consent by the victim. (DRC inmate rule of conduct 3.1).

(13) Non-consensual sexual contact with another person, whether compelled by force, by threat of force, by intimidation other than threat of force, or by any other circumstances evidencing a lack of consent by the victim. (DRC inmate rule of conduct 3.2).

(14) Consensual sexual conduct or consensual sexual contact with another incarcerated person for the purpose of sexually arousing or gratifying either person. (DRC inmate rule of conduct 3.3).

(15) Consensual romantic contact with another incarcerated person including kissing and hand holding. (DRC inmate rule of conduct 3.4).

(16) Non-exhibitionist seductive or obscene acts. (DRC inmate rule of conduct 3.5).

(17) Indecent exposure, exhibitionistic masturbation, or exhibitionist obscene acts, including but not limited to masturbating while watching an individual or any sort of intentional aggression towards another person in an attempt to cause threat, harm, or humiliation. (DRC inmate rule of conduct 3.6).

(18) Sexual harassment- unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by an incarcerated person toward any person. (DRC inmate rule of conduct 3.7).

(19) Stalking- engaging in a pattern of conduct that causes another person to reasonably fear for his or her safety or to believe that the incarcerated person will cause physical harm to the other person. (DRC inmate rule of conduct 3.8).

(20) Rioting or encouraging others to riot. (DRC inmate rule of conduct 4.1).

(21) Engaging in or encouraging a group demonstration or work stoppage. (DRC inmate rule of conduct 4.2).

(22) Engaging in unauthorized group activities as set forth in paragraph (B) of rule 5120-9-37 of the Administrative Code. (DRC inmate rule of conduct 4.3).

(23) Encouraging or creating a disturbance. (DRC inmate rule of conduct 4.4).

(24) Fighting. (DRC inmate rule of conduct 4.5).

(25) Engaging in a group fight with 4 or more incarcerated persons. (DRC inmate rule of conduct 4.6).

(26) Physical resistance to a direct order. (DRC inmate rule of conduct 5.1).

(27) Disobedience of a direct order. (DRC inmate rule of conduct 5.2).

(28) Refusal to carry out a job assignment or work detail. (DRC inmate rule of conduct 5.3).

(29) Refusal to carry out a rehabilitative program assignment. (DRC inmate rule of conduct 5.4).

(30) Refusal to accept a housing assignment. This rule is also referred to as "refusal to lock." (DRC inmate rule of conduct 5.5).

(31) Being out of place. (DRC inmate rule of conduct 5.6).

(32) Disrespect towards another person, including instigation of, or perpetuating fighting. (DRC inmate rule of conduct 5.7).

(33) Establishing or attempting to establish a person relationship with a staff member or non-incarcerated person, without authorization from the managing officer, including but not limited to: sending personal mail/email to such person at his or her residence or another address/email address not associated with the agency; making a telephone call to or receiving a telephone call from such person at his or her residence or other location not associated with the agency; giving to, or receiving from such person, any item, favor, or service; engaging in any form of business with such person, including buying, selling, or trading any item or service; and soliciting sexual conduct, sexual contact or any act of a sexual nature with such person. (DRC inmate rule of conduct 6.1).

(34) Giving false information or lying to a staff member or non-incarcerated person. (DRC inmate rule of conduct 7.1).

(35) Forging, possessing, or presenting forged or counterfeit documents. (DRC inmate rule of conduct 7.2).

(36) Escape from institution or outside custody (e.g. transport vehicle, department transport officer, other court officer or law enforcement officer, outside work crew, etc.). As used in this rule, escape means that the incarcerated person has exited a building in which he was confined; crossed a secure institutional perimeter, or walked away from or broken away from custody while outside the facility. (DRC inmate rule of conduct 8.1).

(37) Removing or escaping from physical restraints (handcuffs, leg irons, etc.) or any confined area within an institution (cell, recreation area, strip cell, vehicle, etc.). (DRC inmate rule of conduct 8.2).

(38) Attempting or planning an escape. (DRC inmate rule of conduct 8.3).

(39) Tampering with any aspect of the facility physical structure or security monitoring or restraining devices in order to facilitate an escape (or an escape attempt). (DRC inmate rule of conduct 8.4).

(40) Possession of escape materials; including keys or lock picking devices (may include maps, tools, ropes, material for concealing identity or making dummies, etc.). (DRC inmate rule of conduct 8.5).

(41) Forging, possessing, or obtaining forged, or falsified documents which purport to effect release or reduction in sentence. (DRC inmate rule of conduct 8.6).

(42) Possession of, manufacture of, or possession of plans, instructions, or formula for making a weapon, ammunition, explosive or incendiary device. (DRC inmate rule of conduct 9.1).

(43) Unauthorized possession or manufacture of drugs or another intoxicating substance (i.e. alcohol or hooch). (DRC inmate rule of conduct 10.1).

(44) Unauthorized consumption of drugs or another intoxicating substance (i.e. alcohol or hooch), including failing any positive test for drugs or another intoxicating substance. (DRC inmate rule of conduct 10.2).

(45) Procuring, attempting to procure, or receiving unauthorized drugs; aiding, soliciting, or collaborating with another to procure unauthorized drugs or to convey unauthorized drugs into a correctional facility. (DRC inmate rule of conduct 10.3).

(46) Procuring, attempting to procure, or receiving contraband; aiding, soliciting, or collaborating with another to procure contraband or to convey contraband into a correctional facility. (DRC inmate rule of conduct 10.4).

(47) Unauthorized possession of drug paraphernalia. (DRC inmate rule of conduct 10.5).

(48) Misuse of authorized medication. (DRC inmate rule of conduct 10.6).

(49) Refusal to submit or otherwise to cooperate with any type of testing for drugs or an intoxicating substance, or mandatory substance abuse sanctions. (DRC inmate rule of conduct 10.7).

(50) Gambling or possession of gambling paraphernalia. (DRC inmate rule of conduct 11.1).

(51) Dealing, conducting, facilitating, or participating in any transaction, occurring in whole or in part, within an institution, or involving any person for which payment of any kind is made, promised, or expected. (DRC inmate rule of conduct 11.2).

(52) Conducting business operations with any person or entity outside the institution, whether or not for profit, without specific permission in writing from the managing officer. (DRC inmate rule of conduct 11.3).

(53) Possession or use of money in the institution. (DRC inmate rule of conduct 11.4).

(54) Stealing or embezzlement of property, obtaining property by fraud or receiving stolen, embezzled, or fraudulently obtained property. (DRC inmate rule of conduct 12.1).

(55) Destruction, alteration, or misuse of property. (DRC inmate rule of conduct 12.2).

(56) Possession of property of another incarcerated person. (DRC inmate rule of conduct 12.3).

(57) Tampering with locks or locking devices in order to keep doors from locking as a nuisance or to get out of locked area not for escape purposes. (DRC inmate rule of conduct 12.4).

(58) Possession or use of a cellular telephone. (DRC inmate rule of conduct 12.5).

(59) Possession or use of tobacco. (DRC inmate rule of conduct 12.6).

(60) Possession of any other contraband, including any article knowingly possessed with has been altered or for which permission has not been given (DRC inmate rule of conduct 12.7).

(61) Setting a fire or any unauthorized burning. (DRC inmate rule of conduct 13.1).

(62) Tampering with fire alarms, sprinklers, or other fire suppression equipment. (DRC inmate rule of conduct (13.2).

(63) Unauthorized use of a telephone, mail, or electronic device. (DRC inmate rule of conduct (14.1).

(64) Use of telephone, mail, or electronic devices in furtherance of any criminal activity. (DRC inmate rule of conduct 14.2).

(65) Violation of visitation rules, including video visits. (DRC inmate rule of conduct 14.3).

(66) Accessing directly or through indirect means any hardware, software, or system assets that are part of a local area network (LAN) or wide-area network (WAN) system used in the administrative operations of the agency. (DRC inmate rule of conduct 14.4).

(67) Receiving, possessing, or using any storage media outside of the specific areas as designated by the managing staff member/designee. (DRC inmate rule of conduct 14.5).

(68) The alteration of authorized electrical or technology devices for unauthorized purposes. (DRC inmate rule of conduct 14.6).

(69) Possessing any technical documentation, in any format, that describes the accessing, handling, functionality, or architecture of any hardware, software, or system assets used in the administrative operations of the agency. (DRC inmate rule of conduct 14.7).

(70) Self-mutilation, including tattooing. (DRC inmate rule of conduct 15.1).

(71) Possession of devices or material used for tattooing. (DRC inmate rule of conduct 15.2).

(72) Any act not otherwise set forth herein, knowingly done which constitutes a threat to the security of the institution, its staff, other incarcerated persons, or to the acting incarcerated person. (DRC inmate rule of conduct 16.1).

(73) Attempting to commit; aiding another incarcerated person in the commission of; soliciting another to commit; or entering into an agreement with another to commit any of the above acts. (DRC inmate rule of conduct 16.2).

(74) Any violation of any published institutional rules, regulations, or procedures. (DRC inmate rule of conduct 16.3).

(D) No inmate will be found guilty of a violation of a rule of conduct without some evidence of the commission of an act and the intent to commit the act.

(1) The act must be beyond mere preparation and be sufficiently performed to constitute a substantial risk of its being performed.

(2) "Intent" may be express, or inferred from the facts and circumstances of the case.

(E) Definitions: The following definitions will be used in the application of these rules.

(1) "Physical harm to person" means any injury, illness, or other psychological impairment, regardless of its gravity or duration.

(2) "Serious physical harm to persons" means any of the following:

(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

(b) Any physical harm that carries a substantial risk of death;

(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement.

(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(3) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, or any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(4) "Sexual contact" means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(5) "Possession" means either actual or constructive possession and may be inferred from any facts or circumstances that indicate possession, control, or ownership of the item, or of the container or area in which the item was found.

(6) "Unauthorized drugs," for the purpose of this rule, refers to any drug not authorized by institutional or departmental policy including any controlled substance, any prescription drug possessed without a valid prescription, or any medications held in excess of possession limits.

(7) "Extortion" as used in these rules, means acting with purpose to obtain any thing of benefit or value, or to compel, coerce, or induce another to violate a rule or commit any unlawful act.

Last updated May 31, 2024 at 6:53 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/19/2029
Prior Effective Dates: 8/18/1979, 4/14/2022
Rule 5120-9-07 | Conduct report and hearing officer procedures.
 

(A) Scope: This rule governs the procedures for the issuance of a conduct report and procedures to be employed by the hearing officer for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, referring conduct reports to the rules infraction board (RIB) and the documentation of actions. Nothing in this rule precludes department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) Report: Any department employee or contractor, except those performing services under a personal services contract, who has reason to believe that an inmate has violated an inmate rule (or rules) of conduct may set forth such allegation on the form designated for that purpose.

(1) The conduct report will contain a description of the specific behavior constituting each rule violation, cite the name and number of each applicable rule of conduct, and be signed by the person making the conduct report.

(2) The person issuing the conduct report will indicate whether he or she wishes to appear before the RIB when the conduct report is heard.

(3) If the inmate's behavior suggests serious mental illness, the person should refer the inmate to institutional mental health staff for a mental health assessment.

(C) Hearing officer designation and qualification. Each managing officer will designate staff members as hearing officers. Persons selected to act as hearing officers will complete training issued by the department's division of legal services. A staff member who issued the conduct report, witnessed or investigated the alleged violation cannot serve as hearing officer in relation to that violation.

(D) Initial screening and preliminary procedure. The hearing officer will evaluate conduct reports for form and content.

The hearing officer determines whether the conduct report cites the correct rule, identifies the charged inmate and cites sufficient facts to support the charged violation. The hearing officer is authorized to accept, modify, withdraw or return a conduct report to the person who wrote the conduct report for correction or revision.

(E) Hearing officer - inmate interview. The hearing officer shall adhere to the following procedures. The hearing officer will meet with the inmate named on the conduct report as soon as practicable. The hearing officer will note the date and time of the meeting on the conduct report and provide the inmate with a copy. If the inmate refuses to accept the conduct report, the hearing officer will note that fact on record. The hearing officer will inform the inmate of the rule violation alleged, the behavior constituting the violation, and the right of the inmate to make a statement regarding the violation. The hearing officer may either decide and dispose of the violation or refer the violation to the RIB for hearing.

(F) Hearing officer - deciding and disposing of rule violations. The hearing officer may decide and dispose of violations where the alleged conduct is amenable to the dispositions listed in this rule. In such cases, the hearing officer shall adhere to the following procedures:

(1) The hearing officer will ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation.

(2) The hearing officer may interview staff, contractors or other inmates regarding the violation.

(3) If the person issuing the conduct report has indicated that he or she wishes to appear at the hearing of the conduct report, the hearing officer will contact that person before making any determination in the case.

(4) If the inmate waives participation in the hearing or refuses to participate in the hearing, the hearing officer will make a written record documenting the waiver or refusal. The hearing officer may then either proceed under this rule or refer the matter to the RIB.

(5) The hearing officer will determine whether a violation has occurred, If the hearing officer finds that there are some facts to support the conclusion that the inmate violated a rule, the hearing officer may impose one or more of any of the following dispositions:

(a) The hearing officer may refer the inmate for treatment, counseling, or other programming.

(b) The hearing officer may recommend a change in housing or job assignment.

(c) The hearing officer may issue a warning or reprimand.

(d) The hearing officer may recommend to the managing officer that the inmate be required to make restitution.

(e) The hearing officer may recommend to the managing officer that contraband be disposed of in a manner consistent with rule 5120-9-55 of the Administrative Code.

(f) The hearing officer may issue focused restrictions on privileges. Focused restrictions on privileges will not exceed ninety days for a first offense committed during the inmate's annual security classification review period and will not exceed one hundred and eighty days for subsequent offenses during the inmate's annual security classification review period.

(g) The hearing officer may place the inmate in a limited privilege housing assignment subject to the time frame and referral limitations set forth in rule 5120-9-09 of the Administrative Code.

(h) The hearing officer may assign a period of extra work duty for each rule violation.

(G) Recording the hearing officer's decision and disposition of a rule violation. When the hearing officer disposes of a rule violation, the hearing officer shall complete and sign the hearing officer disposition form indicating the name and number of the inmate, the nature of the rule violation or violations, the date and time of the interview, the hearing officer's findings, and any sanction(s) imposed. The disposition shall meet the following requirements:

(1) Such dispositions will be recorded in the inmate's file and shall clearly note that the hearing officer made the disposition.

(2) Such dispositions will not be considered for purposes of classification.

(3) These dispositions will be submitted to the RIB chair or designee for an administrative review to determine substantial compliance with applicable policies, procedures, and to determine that the disposition was proportionate to the conduct charged.

(4) Upon review, the RIB chair or designee may approve the disposition, modify it, or return it to the hearing officer with instructions to refer the matter to the RIB for formal disposition.

(H) Referral to RIB. The hearing officer may refer a conduct report to the RIB for formal disposition. In such cases, the hearing officer shall ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation. The hearing officer shall then determine whether to recommend staff assistance for the inmate. The hearing officer shall advise the inmate of his or her rights under this rule and the possible consequences of such hearing before the RIB, and the hearing officer and other staff will adhere to the following procedures:

(1) Staff assistance: Each institution will maintain a list of staff members who are eligible to provide staff assistance to inmates. The hearing officer should recommend staff assistance from that list when:

(a) The inmate appears to be functionally illiterate, not fluent in English, or is otherwise unable to respond to the allegations before the RIB due to the inmate's limited mental or physical capacity, or;

(b) The complexity of the issues makes it likely that the inmate will be unable to collect and present the facts necessary to adequately respond to the allegations before the RIB.

(2) The hearing officer will inform the inmate of the following procedural rights, which the inmate may waive in writing:

(a) Time of hearing. The inmate has the right to a period of time of no less than twenty-four hours after the service of the conduct report before his or her appearance at the RIB.

(b) Presence of charging official. The inmate has the right to have the person who wrote the conduct report present at the RIB hearing.

(c) Witnesses. The inmate may request a reasonable number of witnesses. The inmate's request for a witness shall be in writing on an appropriate witness request form. The request will include the name of the inmate witness requested, and will state the nature of the information expected to be provided by the witness. The chairperson of the RIB will approve or deny any request for inmate witnesses in writing, explaining the basis for the decision on the designated form.

(3) The hearing officer will inform the inmate that the rule violation might result in the loss of earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (R) of rule 5120-2-06 of the Administrative Code and obtain a written acknowledgment from the inmate that he or she has been so informed.

Last updated July 1, 2024 at 4:28 PM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/18/2029
Prior Effective Dates: 7/19/2004, 6/1/2012, 1/9/2020
Rule 5120-9-08 | Disciplinary procedures for violations of inmate rules of conduct before the rules infraction board.
 

(A) Scope: This rule governs the procedures employed before the rules infraction board for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, appealing those determinations, and the documenting of those actions. Nothing in this rule precludes department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) RIB panel. The rules infraction board (RIB,) shall consist of two staff members, designated by the managing officer, sitting as a panel. Persons sitting on an RIB panel must have first completed RIB training issued by the department's division of legal services. The RIB panel has the authority to determine guilt and impose penalties for violations of the inmate rules of conduct. Each panel shall consist of a chairperson, who manages the hearing, and a secretary, who prepares a record of the proceedings. No staff member is permitted to sit as an RIB panel member who wrote the report, witnessed the alleged rule violation, or participated in the investigation of the alleged rule violation. A staff member assigned to an RIB panel shall disqualify himself or herself from the panel if such a personal interest exists.

(C) Time of hearing, preliminary matters. The hearing of the rule infraction shall be held within seven calendar days of the referral to the RIB by the hearing officer, unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Delays beyond seven calendar days should be documented in the record along with the reason for the delay. Unless waived, the inmate shall be afforded twenty-four hours' notice prior to the hearing. The RIB chairperson shall determine if the twenty-four hour notice period has elapsed. If the required time has not passed, and the inmate has not waived the time period, the chairperson must postpone the hearing. Prior to the hearing, the RIB chairperson shall:

(1) If the inmate is in restrictive housing, determine whether the hearing officer has provided the relevant information from the inmate's restrictive housing placement mental health assessments,

(2) Determine whether the person who issued the conduct report has indicated a desire to appear at the hearing,

(3) Make preliminary rulings on any witness requests, and arrange for the presence of witnesses,

(4) Ensure staff assistance as appropriate,

(5) Ensure all necessary forms are available and that electronic recording equipment is in working order.

(D) Hearing to be recorded: With the exception of deliberations concerning guilt or the imposition of penalties, the proceedings shall be recorded using suitable electronic means. The recording of the proceedings shall commence upon the inmate's appearance before the RIB panel. In addition to the electronic record, the record of the proceedings shall also include any document, video, confidential information or other evidence presented to the RIB, as well as any written requests, waivers and statement summaries.

(E) Commencing the hearing. The RIB chairperson shall first identify the panel members and then ask the inmate to identify himself or herself on the record.

(1) The RIB chairperson shall advise the inmate of the rule violation(s) and the nature of the behavior described in the conduct report.

(2) Plea. The RIB chairperson shall then ask the inmate to admit or deny the rule violation(s.)

(a) If the inmate admits the rule violation, the chairperson shall question the inmate regarding the voluntariness of the plea, the factual basis for the plea, and the inmate's understanding of the plea.

(b) The chairperson shall accept the plea of admission unless the chairperson finds that the facts do not support the plea, or that the inmate's version of the facts do not support the plea, or that the inmate does not understand the nature of the plea, the violation, or the proceedings. In this event the chairperson shall enter a plea of denial on behalf of the inmate.

(c) If the chairperson accepts the inmate's plea of admission, the RIB panel may then make a determination of guilt and proceed with disposition of the violation.

(d) If a violation is denied, the RIB panel shall provide the inmate an opportunity to make a statement regarding the alleged violation.

(3) The RIB chairperson shall review the inmate's request for witnesses and advise the inmate of any preliminary determinations made regarding the requested witnesses. The RIB chairperson may deny a witness request based on relevancy, redundancy, unavailability, or security reasons. The RIB chairperson may modify a preliminary ruling after discussion with the inmate. The RIB chairperson may deny a request for a witness if a witness request form has not been completed.

(4) The RIB chairperson shall postpone the hearing if the chairperson believes that the inmate is demonstrating behavior indicative of serious mental illness and shall refer the inmate to the institutional mental health staff for a mental health assessment. The RIB hearing shall only be rescheduled in accordance with the recommendation of mental health staff.

(F) RIB hearing, witnesses. If a violation is denied, the RIB panel may hear testimony from witnesses in addition to any statement the charged inmate may make.

(1) Witnesses (inmates and staff members) shall be advised that they are subject to appropriate discipline for presentation of false testimony.

(2) The inmate charged with the rule violation may not address or examine a witness, but may ask the RIB chairperson to pose questions to the witness.

(3) The inmate, or representative number of inmates who made the accusation should, if security considerations permit, appear before the RIB and be examined for the record.

(4) The charged inmate may, in the discretion of the RIB, be excluded from the examination when confrontation between the inmates may create a risk of disturbance or risk of harm to the witness.

(5) The charging official shall appear if requested by the inmate, if the RIB has questions for the official, or if the charging official requests to appear and speak at the hearing.

(6) The RIB panel may ask questions of the witnesses or call additional witnesses as necessary. Witnesses may appear in person, by telephone, or other electronic means. The RIB panel may take testimony or receive evidence in any form or manner it deems appropriate.

(G) Confidential information. If the RIB panel uses information from a confidential source in its determination, the panel shall evaluate the credibility of the confidential source prior to reaching a decision on the rule violation. The RIB shall also determine whether the statement is confidential in its entirety or if any of the information can be disclosed to the inmate charged with the violation without disclosing the identity or jeopardizing the safety of the confidential source. The inmate charged with the offense shall not be present when the RIB considers and evaluates the confidential information. The panel shall record its evaluation on the appropriate form.

(H) The RIB members shall evaluate the credibility of witnesses and the probative value of other evidence presented to the RIB, including any available video evidence. The RIB may consider the credibility of a witness, whether confidential or otherwise, on the basis of common sense and a realistic assessment of the circumstances. In making these assessments the RIB may consider variety of factors including, but not limited to:

(1) The appearance and demeanor of the witness,

(2) The witness's disciplinary or criminal history,

(3) Whether it is against the witness's own interests to make the statement,

(4) Whether or not the witness has any ulterior motive in making the statement,

(5) Whether other evidence corroborates the statement,

(6) Whether the witness could have observed what is claimed,

(7) Whether the witness has previously provided reliable evidence,

(8) Whether the witness has a record or reputation for lying or honesty,

(9) Whether the witness's statements are consistent,

(10) The amount of detail provided,

(11) The willingness of the witness to appear and answer the questions of the rules infraction board,

(12) The professional experience and judgment of the staff member evaluating the witness.

(I) Amendment to conform to the evidence: The RIB panel may at any time prior to or during an RIB hearing, change the designation of the rule or rules alleged to have been violated based on the conduct report, or testimony or evidence presented at the RIB hearing. The inmate shall be given timely notice of such a change. Such a change will be made part of the record of the hearing and noted in the RIB panel's disposition. If the change is made during the RIB hearing, the inmate may request a reasonable continuance. If the continuance is granted, the RIB hearing may recommence from the point of the continuance.

(J) After taking testimony and receiving evidence, the RIB panel shall vote and determine whether, based on the evidence presented, they believe that a rule violation occurred, that the inmate committed that violation, and if so, what disposition to impose. The RIB panel may consider all information presented in reaching its determination including any relevant mental health information from the inmate's restrictive housing placement assessments and/or the inmate's mental health caseload status.

(1) No inmate may be found to have violated a rule based solely on his or her past conduct.

(2) Past conduct may be considered when determining issues such as credibility and intent; or in considering suitable penalties.

(K) Both panel members must concur in a finding of guilt in order to find an inmate guilty of a rule violation and to impose a disposition. In the event there are conflicting guilty and not guilty votes, the tie shall be broken by a staff member designated by the managing officer, who shall cast the deciding third vote. The managing officer's designee shall vote only after reviewing the oral and written record of the hearing.

The managing officer's designee who casts a deciding vote in an RIB proceeding shall not be the same designee performing the administrative review and appeal review functions described in paragraphs (N) and (O) of this rule.

(L) Determination and disposition. If a finding of guilt is made for a rule violation by the RIB panel, and subject to the administrative review of the managing officer or designee, the RIB panel may impose the following penalties:

(1) Placement of the inmate in restrictive housing as defined in rule 5120-9-10 of the Administrative Code for one offense with credit for time served in any pre-hearing detention. To place an inmate in restrictive housing, the RIB shall provide a justification as to why placement in a limited privilege housing assignment under paragraph (L)(2) is insufficient to manage the safety and security requirements of the inmate.

(2) Placement of the inmate in a limited privilege housing assignment for up to ninety days for one offense as defined in paragraph (B)(4) of rule 5120-9-09 of the Administrative Code.

(3) Recommend that the inmate receive a security review or serious misconduct panel review, and/or transfer to another general population institution.

(4) Order the disposition of contraband in accordance with rule 5120-9-55 of the Administrative Code.

(5) Recommend to the managing officer that the inmate be required to make reasonable restitution, or that his earnings be reduced pursuant to rule 5120-3-08 of the Administrative Code.

(6) Order that the inmate lose earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (R) of rule 5120-2-06 of the Administrative Code.

(7) Order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer for the safety and security of the institution, or the well-being of the inmate. Such restrictions shall continue only as long as it is reasonably necessary.

(8) Order such actions as deemed appropriate, including assignment of extra work, and any dispositions available to the hearing officer.

(9) The RIB may conditionally suspend the imposition of any penalty cited in this rule, on the condition that the inmate have no further rule violations for a period of six months from the date of the RIB disposition. If the inmate has no further violations during the six-month period, the penalty shall be treated as a reprimand. If the inmate violates the condition and is found guilty of a rule violation, the suspended penalty shall be imposed in addition to any penalty for the new violation.

(M) Documentation of disposition: Upon completing its deliberations, the RIB shall orally inform the inmate of its decision and disposition, as part of the electronic record. The RIB secretary shall complete a disposition form, which contains the determination made by the panel regarding each rule violation, the factual basis of the determination, names of witnesses, and any disposition imposed.

(1) The form shall also include whether the panel relied on confidential information in reaching its determination and the panel's evaluation of the informant's credibility. The form shall not contain the name of any confidential informant or the nature of the confidential information.

(2) The form shall also include notice that the inmate may appeal the RIB panel's decision to the managing officer and the procedure for such an appeal.

(3) The form shall notify the inmate that, if they are serving a sentence pursuant to section 2967.271 of the Revised Code, a finding of guilt may be used by the department to rebut the presumption that the inmate will be released from service of their sentence on the expiration of the minimum prison term or presumptive earned early release date.

(4) The completed disposition form shall be furnished to the inmate no later than three business days after the RIB panel reaches its decision.

(5) The imposition of any penalty imposed by the RIB panel shall not be stayed pending an appeal.

(6) The person issuing the conduct report shall be permitted to review the completed RIB disposition but shall not be involved in the deliberations of the RIB.

(7) For informational purposes a summary or log of the RIB dispositions and activity for the week shall be available for review by staff members and maintained in a location convenient for that purpose.

(N) Administrative review. The managing officer or designee shall review RIB panel decisions to assure compliance with the procedures, rights and obligations set forth in this rule. The managing officer or designee may approve, modify or reject a panel's determination of guilt. The managing officer or designee may not reject a determination of not guilty, but may refer such a case back to the RIB panel for reconsideration if relevant information was overlooked or new information becomes available. The managing officer or designee may approve the penalty, or modify the penalty imposed from among the penalties available to the RIB panel. The managing officer or designee may also refer a case back to the RIB panel for reconsideration when procedural errors have occurred within the case. The managing officer or designee shall provide the inmate with written notification of the review findings.

(O) Appeal of RIB decision to the managing officer. An inmate may appeal the decision of the RIB panel by submitting the form designated for that purpose to the managing officer or designee within seven calendar days from the inmate's receipt of the RIB panel's disposition. The managing officer or designee shall review the RIB determination within fourteen calendar days to determine whether it was supported by sufficient evidence, whether there was substantial compliance with applicable procedures, and whether the disposition and any sanction imposed was proportionate to the rule violation.

The managing officer or designee may affirm or reverse the RIB panel's determination of guilt; and, may approve, or modify the penalty imposed from among the penalties available to the RIB panel. The managing officer or designee may also return the matter to the RIB panel for reconsideration or rehearing to address procedural errors that may have occurred within the case or to consider additional evidence.

(P) Appeal of RIB decision to chief legal counsel. An inmate may appeal the decision of the managing officer or designee by submitting the form designated for that purpose to the chief legal counsel within fourteen calendar days from the inmate's receipt of the managing officer or designee's appeal decision. Chief legal counsel or designee will review the RIB determination within fourteen calendar days of receipt of the appeal to determine whether it was supported by sufficient evidence, whether there was substantial compliance with applicable procedures, and whether the disposition and any sanction imposed were proportionate to the rule violation.

The chief legal counsel or designee may affirm or reverse the RIB panel's determination of guilt; and, may approve, or modify the penalty imposed from among the penalties available to the RIB panel. The chief legal counsel or designee may also return the matter to the RIB panel for reconsideration or rehearing to address procedural errors that may have occurred within the case or to consider additional evidence.

(Q) Discretionary review: The director or the director's designee may review any RIB decision that, in the view of the director or designee, presents issues that may have significant impact on the operation of the department. This paragraph does not provide an additional appeal for the inmate above the appeal to the chief legal counsel.

Last updated April 15, 2024 at 8:29 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 4/15/2029
Prior Effective Dates: 1/16/1984, 7/18/1997, 1/9/2020
Rule 5120-9-09 | Limited privilege housing assignments.
 

(A) An inmate may be placed in and/or transferred to a limited privilege housing assignment:

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

(2) Pending a hearing before the RIB;

(3) Pending transfer to another institution;

(4) When the inmate has been found guilty through the processes set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code for any violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code; or,

(5) When the inmate has increased in security to a new general population housing assignment, and the managing officer or designee has determined a need for an initial assessment and orientation period.

(B) An inmate may be placed in a limited privilege housing assignment for the following periods:

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

(2) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(2) of this rule, the inmate may be placed for a time period no longer than seven business days unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Extensions beyond seven business days shall be documented in the record of the RIB along with the reason for the delay.. In the event the inmate is found guilty by the RIB of misconduct, any additional time frames will be set by paragraph (B)(4) of this rule;

(3) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(3) of this rule, the inmate may be placed until such time that the transfer has been completed. The managing officer shall have discretion to house multiple security levels in limited privilege housing assignments when inmates are pending transfer;

(4) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(4) of this rule, time limitations for placement shall be based upon the type and frequency of the hearings.

(a) Hearing officers conducting disciplinary hearings under rule 5120-9-07 of the Administrative Code shall have the authority to place an inmate for the following time frames:

(i) Up to seven calendar days for a first offense committed during an inmate's annual classification review period as set forth in rule 5120-9-53 of the Administrative Code.

(ii) Up to fourteen calendar days for a second offense committed during an inmate's annual classification review period.

(iii) Up to twenty-one calendar days for a third offense committed during an inmate's annual classification review period.

(iv) For any further misconduct during an inmate's annual classification review period that the hearing officer determines a placement in a limited privilege housing assignment is necessary, the hearing officer shall refer the case to the RIB for a disciplinary hearing under rule 5120-9-08 of the Administrative Code. Nothing in this paragraph prevents a hearing officer from addressing minor misconduct with other available disciplinary sanctions listed in rule 5120-9-07 of the Administrative Code.

(b) The RIB conducting disciplinary hearings under rule 5120-9-08 of the Administrative Code shall have the authority to place an inmate for up to ninety calendar days for a single violation or a series of violations arising out of a single event. The RIB may impose up to an additional ninety calendar days for any additional misconduct.

(5) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(5) of this rule, the inmate may be initially retained in this status for up to ninety calendar days. After ninety calendar days, the inmate shall be reviewed by the institutional classification committee to determine if he or she should be reassigned or continued for a period from thirty to ninety calendar days. The managing officer or designee may require that the inmate complete programming and remain free of additional misconduct during the placement in a limited privilege housing assignment to become eligible for reassignment.

(C) Nothing in this rule shall be construed to prohibit the managing officer or designee from referring an inmate to the institutional reclassification committee for consideration of a security level increase at any time. Inmates may not reduce in classification while placed in limited privilege housing assignments without approval from the chief of the bureau of classification and reception.

(D) Nothing in this rule shall prohibit the managing officer or designee from releasing an inmate from a limited privilege housing assignment prior to the expiration of the sanction for exhibiting positive behavior.

(E) Inmates placed in a limited privilege housing assignment shall receive, at a minimum, the following privileges:

(1) Personal hygiene articles including, at a minimum, one ADA (American dental association) approved toothbrush, ADA approved toothpaste, ADA approved dental floss, feminine hygiene products for female inmates and soap, unless there is imminent danger that the inmate or any other inmate will destroy an item or induce self-injury. Personally owned deodorant, shampoo, soap, toothpaste, floss, and hairbrush/comb shall be permitted.

(2) Stationery supplies including a reasonable amount of ink pens and pencils, legal pads/paper, twenty-five personally owned envelopes, one legal kit, one address book, a reasonable amount of greeting cards, and one personally owned deck of playing cards.

(3) Mail and kite privileges on the same basis as inmates in general population.

(4) A reasonable amount of personally owned soft cover books, religious books, personally owned law books/materials, one current newspaper and magazine by subscription only.

(5) Access to legal materials and services.

(6) Access to medical and/or mental health services, including prescribed medications and medically necessary appliances and supplies. Inmates shall have access to care and treatment consistent with their treatment plan.

(7) Adequate food. At the discretion of the managing officer or designee, meals may be served in the unit outside of the cell or in the inmate dining hall. Meals shall be the same as those served to the general population.

(8) Access to basic necessities to include toilet, wash basin, hot and cold running water, bunk, mattress, sheets, pillow and blanket (depending on weather conditions).

(9) More than two hours of out of cell time per day, no less than seven days per week, which shall include the opportunity for a minimum of one hour of exercise per day outside of the cell at indoor and/or outside recreation as facility design, security, and safety considerations permit.

(10) The opportunity to shower and shave no less than seven times per week.

(11) Access to current administrative rules, also known as "ARs," 5120-9 series and access to authorized departmental policies.

(F) Restrictions on personal privileges may be ordered through the disciplinary processes set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer or designee for the safety or security of the institution or the well-being of the inmate. Such restrictions shall continue only as long as is reasonably necessary. In no event shall access to kite, medical, mental health, or legal services be denied.

Last updated March 24, 2023 at 10:43 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/6/2027
Prior Effective Dates: 11/11/2013
Rule 5120-9-10 | Restrictive housing assignments.
 

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

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

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

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

(2) Pending a hearing before the RIB;

(3) Pending transfer to another institution; or,

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

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

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

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

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

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

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

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

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

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

(1) Access to legal material and services;

(2) Access to reading materials;

(3) Mail and kite privileges;

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

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

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

(7) Access to hair care services;

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

(9) Adequate state-issued clothing and apparel;

(10) Personal shower shoes;

(11) Adequate light for reading;

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

(13) Adequate food;

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

(15) Access to approved department policies;

(16) Visits by authorized department staff;

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

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

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

(I) Abuse of cell privileges may be dealt with summarily by the staff member on duty in restrictive housing (except that in no event shall access to kite, medical, mental health, or legal services be denied). This action shall then be reported by such staff member to his superior for review and approval. This action shall also be reported in writing to the responsible chief of security. The responsible chief security officer shall forward to the managing officer a weekly list of those inmates in restrictive housing who have had cell privileges denied, the length of time denied, and the reasons therefore.

(J) The hearing officer or RIB may order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer for the safety or security of the institution, or the well-being of the inmate. In no event shall access to kite, medical, mental health, or legal services be denied. Such restrictions shall continue only as long as is reasonably necessary.

(K) Any denial of cell privileges shall be reported in writing to the responsible chief of security, who shall be responsible for submitting a weekly report to the managing officer of those inmates who have been denied cell privileges, the specific privileges denied, length of time the privilege was denied, and reasons therefore.

Last updated March 24, 2023 at 10:43 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 2/11/2027
Rule 5120-9-11 | Placement in a limited privilege or restrictive housing assignment pending investigation.
 

(A) Subject to the time frames set forth in this rule, an inmate may be placed in a limited privilege housing assignment or a restrictive housing assignment to facilitate an investigation for the issuance of a conduct report, other administrative action or criminal prosecution.

(B) Placements shall not be in a restrictive housing assignment unless the inmate poses a threat or danger to himself or others, to institutional property or to the security of the institution, and a limited privilege housing assignment is not sufficient to control the risks presented.

(C) An initial placement into a restrictive housing assignment must be approved, denied or modified in writing within twenty-four hours by an appropriate and higher authority not included in the initial placement designated by the responsible managing officer, who may extend the time of placement as set forth in paragraph (D)(1) of this rule.

(D) An inmate may be held in a limited privilege or restrictive housing assignment pursuant to an investigation for the following periods:

(1) The initial placement into a limited privilege housing assignment under paragraph (A) of this rule may continue for seven calendar days from the date of placement without need for additional approval. The initial approval of placement in a restrictive housing assignment in paragraph (C) of this rule may be continued for seven calendar days from the date of approval by the appropriate and higher authority appointed by the responsible managing officer.

(2) If the investigation has not concluded at the end of the initial seven calendar day period, the managing officer may authorize that the inmate be held in the same housing status for an additional seven days. This authorization shall be in writing with a copy sent to the appropriate regional director.

(3) If the investigation is not completed within this fourteen calendar day period, the managing officer may request that the regional director approve retaining the inmate in the same housing status for an additional seven calendar days.

(4) After twenty-one calendar days, upon the managing officer's request, the director or director's designee may authorize holding an inmate in the same housing status for investigative purposes until the completion of the investigation when,

(a) The matter under investigation involves the commission or possible commission of a felony,

(b) The investigation cannot be completed within twenty-one calendar days, and,

(c) Releasing the inmate to general population would jeopardize the safety of the inmate or any other individual, the successful completion of the investigation, or the security of the institution.

The decision of the director or the director's designee shall be in writing and shall state the anticipated duration of the extension and the reason therefore. The extension may be renewed so long as the conditions described in this rule continue to exist.

(E) For placements in restrictive housing that are extended beyond twenty-one days, the director or director's designee shall consult with managing officer to determine whether the inmate could be managed in a limited privilege housing assignment pending the completion of the investigation. If the placement in a restrictive housing assignment is continued, the director or the director's designee shall document the reasons for the continuation.

(F) For placements in restrictive housing that are extended beyond twenty-one days, the director or director's designee shall consult with the managing officer to ensure that the inmate is not seriously mentally ill. In the event the inmate is seriously mentally ill, the managing officer shall make other arrangements to manage an inmate in limited privilege housing, an appropriate mental health unit or other appropriate placement that is not a restrictive housing assignment pending the completion of the investigation.

(G) In the event an inmate is charged with misconduct and given a disciplinary sanction under rule 5120-9-07 or 5120-9-08 of the Administrative Code, the inmate shall be given credit for time served in an investigation status under this rule.

Last updated March 24, 2023 at 10:43 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05
Five Year Review Date: 1/6/2027
Prior Effective Dates: 5/23/2014
Rule 5120-9-11.1 | Lockdown.
 

(A) The managing officer of a correctional institution may designate all or a portion of an institution to be placed in lockdown status. Such status expires after twenty-four hours unless approved and extended by the director or designee.

(B) Lockdown status may be created whenever normal institutional operations are interrupted by exigent circumstances.

(C) The level of services provided to inmates in lockdown status is established by the director or designee, in consultation with the managing officer, according to the nature of the circumstances.

(D) If lockdown status is extended then it continues until the director or designee, in consultation with the managing officer, determines either another status is appropriate or the exigent circumstances are concluded.

Last updated May 31, 2024 at 6:53 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.42
Five Year Review Date: 1/19/2029
Rule 5120-9-12 | Inmates sentenced to death.
 

(A) All inmates sentenced to death under Ohio law shall be confined in one or more institutions designated by the director of the department of rehabilitation and correction as set forth in this rule. Such inmates may be assigned to an area of the institution to be designated by the managing officer, which area will be known as "death row."

(B) Absent significant extenuating circumstances, no inmate will be assigned to or housed in death row unless that inmate has been sentenced to death. If any inmate is assigned to or housed in death row that has not been sentenced to death, the respective regional director will be notified and his or her approval is required.

(C) The director or his designee may assign or reassign an inmate who has been sentenced to death to a security classification or special management status other than that which is normally used for such inmates, based on the security or medical and mental health requirements for the inmate. The inmate so assigned will receive the privileges and programming that are appropriate for the other security or management status, notwithstanding paragraph (D) of this rule.

(D) Inmates who are sentenced to death and who have not been reassigned to some other status will receive the following minimum cell privileges:

(1) Personal hygiene articles;

(2) Mail and kite privileges;

(3) Access to legal materials and services, including legal kit;

(4) Access to cleaning articles for cell sanitation as approved by the warden or his designee;

(5) Visits by department staff;

(6) Adequate food;

(7) Access to current rules of the ohio administrative code, also known as "ARs," 5120-9 series;

(8) Cell furnishings to include toilet, wash basin, running water, mattress, sheets, blanket (depending on weather conditions);

(9) Access to medical services as required by their medical condition;

(10) Regular assessment of their mental health condition by the bureau of behaviorial health services and access to such services as required by their mental health condition;

(11) Institution coveralls or clothing, underwear, and footwear;

(12) Adequate lighting for reading;

(13) Five hours of recreation per week;

(14) Opportunity to shower and shave five times per week;

(15) One non-contact visit per visitor, per month; and

(16) Limited commissary purchases.

Abuse of any privileges may lead to their restriction or denial by the manager of the death row unit or major of the institution. When an inmate is deprived of any authorized item or activity, a report of action is filed in the appropriate inmate's file and forwarded to the security chief, the deputy warden of operations and the managing officer.

(E) Any death row inmate leaving or entering death row shall be thoroughly searched and escorted to and from his destination.

Last updated May 31, 2024 at 6:53 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2949.21, 5120.03, 5120.16
Five Year Review Date: 1/19/2029
Prior Effective Dates: 11/9/1981
Rule 5120-9-16 | News media visits.
 

(A) It is the policy of the department of rehabilitation and correction to permit visits by representatives of the news media to correctional institutions, when approved by the managing officer of the particular institution or his designee.

(B) The managing officer or his designee may place reasonable restrictions on the number of reporters allowed in the institution at any one time and on the duration of their visits.

(C) Arrangements for the use of photographic, recording or broadcast equipment or for interviews will be made in advance.

(1) Pictures or recorded interviews of specific inmates may be taken only after securing clearance from the managing officer or his designee and only after the inmate to be photographed has expressed his approval by signing the inmate consent form.

(2) The managing officer or his designee may place reasonable restrictions on the frequency, length, and starting time of personal interviews. The institution will visually monitor such interviews to assure the reporters' safety.

(D) If an institution is placed under a state of emergency, representatives of the news media will be allowed access only to those areas that are designated by the managing officer or his designee. During the existence of a state of emergency, the director or his designee will inform the news media of the situation within the institution as releasable information becomes available.

Last updated May 31, 2024 at 6:54 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.36
Five Year Review Date: 1/19/2029
Prior Effective Dates: 10/11/1982
Rule 5120-9-17 | Incoming mail.
 

(A) Mail in the form of first class letters or electronic mail addressed to an inmate shall not be withheld except as provided in this rule. There shall be no limitation on the number of first class letters that an inmate may receive nor the number of persons with whom an inmate may correspond.

(B) Inspection of incoming mail:

(1) All mail, including electronic mail, other than legal mail, shall be opened and may be read or copied in the institution mail office and inspected for the presence of contraband, unauthorized forms of funds, and other threats to the security and safety of the institution. The written portion of the mail shall then be promptly delivered to the inmate, unless withheld in accordance with paragraph (G) of this rule.

(2) "Legal mail" is mail addressed to an inmate clearly bearing the return address of an attorney-at-law, a public service law office, a law school legal clinic, court of law, or the correctional institution inspection committee that is marked with a valid control number provided by the department. It may be opened and inspected for contraband only in the presence of the inmate-addressee. "Legal mail" does not include postcards from a court of law that indicates fees and/or fines owed by the inmate-addressee. If mail is received from any of the groups listed in this paragraph without a valid control number, then it may be treated as a regular, non-legal mail, as set forth in paragraph (B)(1) of this rule.

(3) Electronic mail is offered to inmates as an additional means of communication. Electronic mail received is not suitable for confidential legal communications or legal mail. Inmates shall be instructed not to use electronic mail for confidential legal communications. "Legal mail" shall be restricted to the traditional mail format. Electronic mail cannot be accepted while an inmate is in special management housing.

(C) The managing officer or his designee shall determine the disposition of contraband pursuant to rule 5120-9-55 of the Administrative Code. The contraband may be returned to the sender, confiscated as evidence, held for the benefit of the inmate-addressee, or otherwise disposed of in a manner consistent with the law.

(D) All funds mailed to inmates shall be processed in accordance with rule 5120-5-02 of the Administrative Code.

(E) A letter or electronic message that is incorrectly addressed may be returned to the sender after a reasonable effort to ascertain the identity of the addressee has failed.

(F) Telegrams and electronic mail may be reviewed prior to delivery.

(G) Mail, including electronic mail, that presents a threat to the security and safety of the institution, its staff or inmates, may be withheld from the inmate-addressee. No material or correspondence will be considered to present such a threat solely on the basis of its appeal to a particular ethnic, political, racial or religious group. To constitute such a threat, the correspondence must meet at least one of the following criteria:

(1) The correspondence incites, aids, or abets criminal activity or violations of departmental rules, such as, but not limited to, rioting, extortion, illegal drug use or conveyance of contraband.

(2) The correspondence incites, aids, or abets physical violence against others, such as, but not limited to, instructions in making, using, or converting weapons.

(3) The correspondence incites, aids, or abets escapes, such as, but not limited to, instructions on picking locks or digging tunnels.

(4) The correspondence is in code or cipher.

(H) Procedures for withholding correspondence are as follows:

(1) The initial decision to withhold the correspondence will be made by the officer charged with inspecting it, with the concurrence of the mail room supervisor.

(2) The inmate-addressee and the author of the correspondence will be notified, in writing, that the correspondence was withheld. The notification will:

(a) Identify the inmate-addressee by name and number.

(b) Identify the author by name and address.

(c) Include a description of the correspondence by date or otherwise.

(d) Include a brief statement of the reason the correspondence is being withheld.

(e) Inform the author of the procedure for appeal, including the time for appeal.

(f) Identify the person to whom the decision to withhold the correspondence is to be appealed.

(3) The notification will be sent to the author and the inmate-addressee within seven calendar days of the decision to withhold, unless the managing officer determines that the notification will interfere with the conduct of a pending investigation.

(4) Decisions to withhold mail, including electronic mail, may be appealed in writing by the author to the managing officer or his designee within fifteen calendar days of the date of the mailing of the notification. The appeal should explain why the correspondence does not present a threat to the security and safety of the institution, its staff or inmates.

(5) The written appeal and the correspondence will be considered by the managing officer or designee who shall determine whether the correspondence will be withheld or delivered to the inmate.

(6) Any correspondence withheld from an inmate-addressee will be retained during the pendency of the appeal or for the time in which an appeal may be filed.

(7) If it is determined on appeal that the correspondence does not present a threat to the safety and security of the institution, its staff or inmates, the correspondence will be immediately delivered to the inmate-addressee.

(8) If it is determined on appeal that the correspondence presents a threat to the safety and security of the institution, its staff or inmates, or, if no appeal is taken, the mail may be returned to the author, held as evidence for criminal prosecution or a disciplinary proceeding, or destroyed.

(I) Mail, including printed electronic mail, in the possession of an inmate may, when approved by the managing officer or his designee, be seized, read, and copied where a reasonable belief exists that it may contain evidence of a violation of federal or state law or departmental rules. If a staff member reasonably believes there is a present risk of destruction of such mail, it may be seized and forwarded to the managing officer or his designee for review.

(J) Advertising mail, commonly known as "junk mail" and advertising in the form of electronic mail, commonly known as "spam," which include, but are not necessarily limited to promotional offers, drawings, sweepstakes, lotteries and other promotional campaigns, which proposes a commercial transaction and which taken as a whole, is not a personal communication uniquely composed for a specific individual, may be withheld from the addressee. Junk mail may be returned to the sender if return postage is guaranteed, or it may be destroyed at the institution if not. No notice or other process need be provided to the addressee or the addresser in such circumstances, any other provision in this or any other rule of the Administrative Code notwithstanding. The only exception to this paragraph shall be for catalogues for mail-order purchases, as approved by the office of prisons, provided that the contents of the catalogue are subject to the screening criteria for printed materials in rule 5120-9-19 of the Administrative Code.

Last updated May 2, 2022 at 9:59 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.05, 5120.36
Five Year Review Date: 1/24/2024
Prior Effective Dates: 1/20/1973, 1/13/1979, 1/8/1991
Rule 5120-9-19 | Printed materials.
 

(A) As used in this rule:,

(1) "Printed materials" means any publication, document or record including, but not limited to, the following: Newspapers, magazines, pamphlets, books, photographs, and drawings. Printed materials may be new or used.

(a) For purposes of this rule, the term "printed materials" does not include either personal letters; or

(b) Advertising mail as described in paragraph (J) of rule 5120-9-17 of the Administrative Code.

(2) "Operations support center publications screening committee (PSC)" means a group consisting of at least four reviewers, with at least one of the reviewers being from each of the following offices:

(a) The office of prisons,

(b) The office of the chief inspector

(c) The division of legal services, and

(d) The Ohio central school system

(B) An inmate may receive a reasonable number of printed materials subject to the following limitations:

(1) All printed materials are subject to security inspection and review.

(2) Printed materials may be received in reasonable quantities; but only, directly from a publisher or distributor. Inmates may receive printed materials from other sources (e.g., family, friends, etc.) only with the prior approval of the managing officer or designee.

(3) An inmate may not receive or possess videotapes, compact discs, computer discs, or material in any other form or medium not otherwise authorized by this rule without prior approval from the managing officer or designee.

(4) Each institution may establish and post regulations setting a maximum quantity of printed material which an inmate may possess.

(5) No printed material shall be excluded solely on the basis of its appeal to a particular race, color, religion, sex, sexual orientation, military status, national origin, disability, age or ancestry audience.

(6) If any part of a publication or other printed material is determined to be excludable under this rule, then the entire publication or other printed material shall be excluded. Each edition or issue of a periodical must be examined. No general ban of periodicals shall be authorized.

(C) Printed material is excludable if it is deemed to be detrimental to, or to pose a threat to the rehabilitation of inmates; the security of the institution; or, the good order or discipline of the institution. Examples of such material include, but are not limited to printed material:

(1) Which facilitates, encourages, incites, promotes, or instructs in, criminal activity such as rioting or illegal drug use.

(2) Which depicts, encourages, incites, or describes activities which may lead to, the use of physical violence against others.

(3) Which depicts, describes the procedures for, or instructs in the making, using, or concealing of weapons.

(4) Which depicts, encourages, or describes methods of, escape, such as instruction in picking locks or digging tunnels.

(5) Which appears to be written in cipher or code, or that instructs in the use of cipher or code.

(6) Which is sexually explicit material that by its nature or content poses a threat to the rehabilitation of inmates, the security, good order, or discipline of the institution, or facilitates, or encourages criminal activity. Sexually explicit material includes material which:

(a) Depicts genitalia in a state of arousal, such as male erection, or exposure of the clitoris; or,

(b) Depicts sexual activity including, but not limited to: fellatio, cunnilingus, masturbation, ejaculation, anal or vaginal sexual intercourse or penetration, or manual stimulation of genitalia; or,

(c) Depicts or graphically describes sexual activity involving children; or,

(d) Depicts or graphically describes sexual activity involving sadism, sadomasochism, bondage, or bestiality, or excretory functions; or,

(e) Depicts or graphically describes sexual activity which involves an unwilling participant or in which a participant is the subject of coercion; or,

(f) As used herein, "graphically describe" means to describe a subject in a lurid manner focusing attention of such subject as the primary topic of the printed material.

(D) All printed material is subject to the following screening procedure:

(1) Initially, printed material shall be screened in the institution mail office.

(2) The mail office supervisor shall forward to the managing officer, or the managing officer's designee, any printed material which is reasonably believed to be excludable under the provisions of this rule.

(3) As soon as practicable, the managing officer, or the managing officer's designee, shall review the forwarded printed material and shall decide whether the printed material may be permitted into the institution or should be excluded under the provisions of this rule.

(4) If the managing officer or the managing officer's designee, determines that the material may be permitted into the institution, then the material shall be promptly forwarded to the inmate.

(5) If the managing officer, or the managing officer's designee, determines that the material should be excluded from the institution, this decision shall be promptly forwarded to the inmate in writing.

(6) The written decision shall provide a brief explanation of the reasons for excluding the printed material. The explanation shall be sufficient to inform the inmate of the basis for the decision.

(7) The written decision shall also advise the inmate that he/she can either make an appropriate disposition of the printed material in accordance with paragraph (M) of this rule or request review by the PSC.

(8) The managing officer or designee shall maintain a record of such decisions for at least three years.

(E) The inmate may request that the PSC review the managing officer's decision. The inmate shall make this request in writing and shall state any specific objections he/she has to the managing officer's decision.

(1) The inmate shall forward this request to the managing officer or the managing officer's designee, within fifteen days after receiving the managing officer's decision.

(2) Failure to timely request review of the managing officer's decision shall constitute acceptance of that decision and the printed material shall be disposed of in accordance with paragraph (M) of this rule.

(F) If the inmate timely requests review by the PSC, the managing officer or designee shall forward the printed material, together with the notice and written decision concerning it, and any written objections submitted by the inmate, to the PSC.

(G) The PSC shall consider the institution's reasons for excluding the material, the inmate's objections, and the criteria and standards set forth in this rule in conducting its review of the material. Printed materials can only be excluded if at least three members of the PSC agree that exclusion is appropriate. The PSC shall complete its review within a reasonable time and shall determine whether the material should be excluded or permitted and shall state the basis for that decision.

(H) If the PSC, determines that the printed material should be permitted, then that decision and its basis, shall be forwarded in writing to the managing officer or designee of the challenging institution, and the reviewed printed materials shall be promptly forwarded to the inmate requesting the review, through the managing officer or the managing officer's designee.

(I) If the PSC, determines that the printed material should be excluded, that decision and the reasons therefore, shall be forwarded in writing to the managing officer or designee of the challenging institution along with the reviewed printed material. The managing officer or managing officer's designee shall notify the inmate requesting the review in writing of the decision and the basis.

(J)

(K) The director or the director's designee, the regional directors, the managing officer or the managing officer's designee may initiate a review by the PSC of any printed material for a determination whether the material should be excluded consistent with the provisions and procedures of this rule.

(L) Disqualfication of a publisher or distributor: DRC may prohibit all printed materials from a specific publisher or distributor if the printed materials or associated packaging is repeatedly found to contain contraband or if any single printed materials package is found to contain signficant contraband.

(M) Printed material which is excluded pursuant to this rule may be disposed of in any of the following manners:

(1) Upon the inmate's written request, the property may be destroyed or forwarded to an approved visitor at the inmate's expense.

(2) The property may be returned to the sender.

(3) The property may be held as evidence.

(4) The property may be disposed of in accordance with rule 5120-9-55 of the Administrative Code.

Supplemental Information

Authorized By: 111.15
Amplifies: 5120.01, 5120.425, 5120.426, 5120.427, 5120.428
Five Year Review Date: 1/24/2024
Prior Effective Dates: 12/31/1976
Rule 5120-9-20 | Visits by attorneys and inmate access to legal services.
 

(A) Attorney visits

(1) Attorneys of record may visit inmates during regular visiting hours. Where there is no evidence of an attorney of record or when an attorney other than the attorney of record requests visiting privileges, the attorney must provide a copy of a written statement, redacting any confidential or privileged information, from the inmate or a member of the inmate's family requesting his legal services. An attorney wishing to visit may be required to furnish proof that he is licensed to practice law.

(2) When an attorney requests to visit with his clients on weekends or after regular visiting hours, at least one-day, advanced notice to the managing officer shall be made by such attorney. In the event an attorney is present at an institution and desires additional time (beyond regular visiting hours) to visit with his client(s), the attorney shall request such additional time from the managing officer. Such request shall be made within a reasonable time prior to the expiration of regular visiting hours. Such requests shall be liberally granted when the attorney can show sufficient reason why such visits are necessary.

(3) Law students, legal interns or legal investigators must be under the direct supervision of an attorney who shall be responsible for the activities of such person. Before admission to the institution is granted, that person must produce a written statement containing all of the following information:

(a) Name of the student, intern or investigator.

(b) Name of the law school or program, if applicable.

(c) Name and address of the supervising attorney.

(d) Name of the inmate-client to be interviewed.

(4) Visits by attorneys, law students, legal interns, and legal investigators may be partially curtailed or totally banned during the existence of a critical incident as determined by the managing officer. However, the managing officer may, if security permits, authorize visits by attorneys during a critical incident in the following situations:

(a) A personal interview of the inmate is absolutely necessary because of a rapidly approaching court date for which a continuance cannot be obtained.

(b) Legal aid is necessitated by the conditions which caused the critical incident.

(5) Visits by attorneys will take place in a room designated for that purpose, subject to being visually monitored, but conversations shall not be monitored.

(6) An attorney of record may be permitted to visit up to three inmate-clients at one time, unless it is the opinion of the managing officer that such visit would be inappropriate due to an existing situation at the institution. In such event, the attorney shall be so notified and other arrangements made.

(7) Where an attorney requests to visit with a large number of inmates (e.g., cell-block or dormitory) who he does not explicitly represent, and who he does not name individually, the attorney shall be requested to submit in writing the names of those persons he wishes to meet. If the attorney is unable to produce the names of such inmates, he shall be given a reasonable amount of time to gather such information. Subsequent to the receipt of such names, a staff member shall contact each inmate so named and inform him of the presence of the attorney and of the attorney's request to visit with him. The inmate shall be asked if he desires to meet with the attorney. If the inmate declines, the inmate shall be asked to sign a statement to that effect and it shall be witnessed by a staff member. Under no circumstances shall an inmate be harassed, intimidated or in any manner influenced with regard to such a request. Any document so executed shall be immediately forwarded to the managing officer who shall forthwith have it placed in the inmate's file. The attorney shall also be shown this document upon request.

(B) Inmate access to legal services

(1) It is the policy of the department of rehabilitation and correction to permit inmates reasonable access to legal materials and a reasonable opportunity to prepare legal documents.

(2) Inmates in restrictive housing, limited privilege housing or protective control shall be afforded the same access to legal materials as those in general population, except that they may not go to the law library. In the event an inmate is not permitted access to the law library premises, legal materials shall be provided to the inmate on a reasonable basis. Such inmates may have such assistance from other inmates as is authorized by the managing officer.

(3) Each institution shall establish a schedule of library hours when legal materials can be used. Where possible, evening and weekend hours shall be provided.

(4) An inmate shall be permitted to purchase law books unless there is a compelling reason why he should not be able to do so.

(5) Inmates shall be permitted to assist each other in the preparation of legal documents. However, it shall be a violation of institutional rules for an inmate to charge a fee of any kind for such services.

(6) Inmates shall be permitted reasonable access to typewriters or may be assigned an inmate-clerk for the typing preparation of legal documents.

(7) Inmates shall be permitted to contact attorneys to secure legal representation. The payment of attorney fees is a matter between attorney and client. Inmates who want to make confidential attorney-client telephone calls should make such requests to the managing officer or designee.

(8) Each institution shall make available to its inmates a legal kit which shall be sold through the commissary.

Last updated March 24, 2023 at 10:44 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 2/11/2027
Prior Effective Dates: 6/10/1992
Rule 5120-9-21 | Interinstitutional transfer of inmates.
 

(A) Inmates may be transferred from one prison to another for purposes of providing additional programming and or services, to facilitate visitation or any other legitimate penological reason, including the secure and orderly operation of the prisons.

(B) A transfer may be initiated by the institution, the administration or by the inmate by request. An inmate requesting a transfer shall submit the request to the unit staff on a form designated for that purpose. The staff member may interview the inmate to obtain more information regarding the reasons for the request and review available information to determine if the inmate's request is reasonable. The staff member may deny the request or refer the request to the classification committee. If the inmate's request is denied by the staff member, the inmate shall be provided with a written explanation for the decision. In all cases documentation shall be maintained of the inmate's request and the response. A request or recommendation for transfer by the rules infraction board or any authorized member of the institutional staff shall be referred to the classification committee.

(C) When a transfer request is referred to the classification committee, the committee shall conduct a review and otherwise follow the procedures set forth in rule 5120-9-53 of the Administrative Code. In addition, the inmate may appeal the warden's recommendation to the bureau of classification. Implementation of any decision shall not be stayed pending appeal.

(D) If the warden approves a transfer recommendation the warden shall have the written summary of the classification committee's review, including any written statements or appeals submitted by the inmate forwarded to the bureau of classification. The bureau of classification shall review all relevant documentation, including any additional documentation requested, and make the final decision as to whether a transfer is appropriate and if so, to what institution the inmate should be transferred. The inmate and warden shall be so notified. The inmate to be transferred shall be given at least twenty-four hours notice prior to the transfer, however no inmate shall be advised of the exact date or time the transfer is scheduled.

(E) The administrative procedures set forth in this rule and rule 5120-9-53 of the Administrative Code shall not be applicable to the following circumstances. In such cases, individual notice is not required. The director or designee shall provide such notice as is deemed reasonable under the circumstances.

(1) Transfers necessitated by medical or mental health requirements.

(2) Situations where an institution is closed in part or whole, or its function is materially altered, resulting in the need to transfer inmates.

(3) Where an emergency situation exists at an institution as determined by the warden and the director or designee, and it becomes necessary for inmate to be immediately transferred from the institution to another institution.

(4) Transfers of particular groups, classes or other populations of inmates when required by the interests of the department as determined by the director or designee.

(5) When an inmate, individually or in concert with others, has engaged in violent, assaultive, or predatory behavior such that his/her immediate removal from the institution is deemed by the warden and the regional director to be an appropriate step to preserve the orderly operation of the institution and/or the safety of its staff and inmates.

(F) As it relates to paragraph (A) of this rule, in situations where the warden, upon the recommendation of a licensed physician, psychiatrist, or psychologist, determines that an inmate is in need of closer psychological or medical care of supervision than can be offered in the general population of the parent institution, the warden or designee shall contact the intended receiving institution to determine the availability and appropriateness of treatment prior to submitting the transfer request. The warden or designee may then request the chief of the bureau of classification to place such inmate in an appropriate alternative housing assignment in an appropriate institution.

Last updated March 24, 2023 at 10:45 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2025
Prior Effective Dates: 4/15/2010
Rule 5120-9-21.1 | Transfer of prisoner to inpatient mental health facility.
 

(A) As used in this rule:

(1) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

(2) "Mentally ill person subject to hospitalization" means a mentally ill person to whom any of the following applies because of the person's mental illness:

(a) The person represents a substantial risk of physical harm to the person as manifested by the evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm.

(b) The person represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm, or other evidence of present dangerousness.

(c) The person represents a substantial and immediate risk of serious physical impairment or injury to the person as manifested by evidence that the person is unable to provide for and is not providing for the person's basic physical needs because of the person's mental illness and that appropriate provision for those needs cannot be made immediately available in the correctional institution in which the inmate is currently housed.

(d) The person would benefit from treatment in a hospital for the person's mental illness and is in need of treatment in a hospital as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person.

(3) "Psychiatric hospital" means all or part of a facility that is operated and managed by the department of mental health and addiction services to provide psychiatric hospitalization services in accordance with the requirements of this rule pursuant to an agreement between the directors of rehabilitation and correction and mental health and addiction services or, is licensed by the department of mental health and addiction services pursuant to section 5119.33 of the Revised Code as a psychiatric hospital and is accredited by a health care accrediting organization approved by the department of mental health and addiction services and the psychiatric hospital is any of the following:

(a) Operated and managed by the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(b) Operated and managed by a contractor for the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(c) Operated and managed in the community by an entity that has contracted with the department of rehabilitation and correction to provide psychiatric hospitalization services in accordance with the requirements of this rule.

(4) "Inmate patient" means an inmate who is admitted to a psychiatric hospital.

(5) "Admitted" to a psychiatric hospital means being accepted for and staying at least one night at the psychiatric hospital.

(6) "Treatment plan" means a written statement of reasonable objectives and goals for an inmate patient that is based on the needs of the inmate patient and that is established by the treatment team, with the active participation of the inmate patient and with documentation of that participation. "Treatment plan" includes all of the following:

(a) The specific criteria to be used in evaluating progress toward achieving the objectives and goals;

(b) The services to be provided to the inmate patient during the inmate patient's hospitalization;

(c) The services to be provided to the inmate patient after discharge from the hospital, including, but not limited to, housing and mental health services provided at the state correctional institution to which the inmate patient returns after discharge or community mental health services.

(7) "Person with an intellectual disability subject to institutionalization by court order" has the same meaning as in section 5123.01 of the Revised Code.

(8) "Emergency transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate presents an immediate danger to self or others and requires hospital level care.

(9) "Uncontested transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate has the mental capacity to, and has waived, the hearing required by paragraph (B) of this rule.

(10) "Independent decision maker" means a person who is employed or retained by the department of rehabilitation and correction and is appointed by the chief or chief clinical officer of mental health services as a hospitalization hearing officer to conduct due process hearings.

An independent decision maker who presides over any hearing or issues any order pursuant to this rule shall be a psychiatrist, psychologist, or attorney, shall not be specifically associated with the institution in which the inmate who is the subject of the hearing or order resides at the time of the hearing or order, and previously shall not have had any treatment relationship with nor have represented in any legal proceeding the inmate who is the subject of the order.

(B) Hearing procedure:

(1) Except as provided in paragraph (C) or (D) of this rule, if the managing officer of a state correctional institution, or the managing officer's designee, believes that an inmate should be transferred from the institution to a psychiatric hospital, the department shall hold a hearing to determine whether the inmate is a mentally ill person subject to hospitalization. The department shall conduct the hearing at the state correctional institution in which the inmate is confined, and the department shall provide qualified and independent assistance to the inmate for the hearing. An independent decision-maker provided by the department shall preside at the hearing and determine whether the inmate is a mentally ill person subject to hospitalization.

(2) Except as provided in paragraph (C) or (D) of this rule, prior to the hearing held pursuant to paragraph (B) of this rule, the managing officer or managing officer's designee shall give written notice to the inmate that the department is considering transferring the inmate to a psychiatric hospital, that it will hold a hearing on the proposed transfer at which the inmate may be present, that at the hearing the inmate has the rights described in paragraph (B)(3) of this rule, and that the department will provide qualified and independent assistance to the inmate with respect to the hearing. The department shall not hold the hearing until the inmate has received written notice of the proposed transfer and has had sufficient time to consult with the person appointed by the department to provide assistance to the inmate and to prepare for a presentation at the hearing.

(3) At the hearing held pursuant to paragraph (B) of this rule, the department shall disclose to the inmate the evidence that it relies upon for the transfer and shall give the inmate an opportunity to be heard. Unless the independent decision-maker finds a good cause for not permitting it, the inmate may present documentary evidence and the testimony of witnesses at the hearing and may confront and cross-examine witnesses called by the department.

(4) If the independent decision-maker does not find clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the department shall not transfer the inmate to a psychiatric hospital but shall continue to confine the inmate in the same state correctional institution or in another state correctional institution that the department considers appropriate. If the independent decision-maker finds clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the decision-maker shall order that the inmate be transported to a psychiatric hospital for observation and treatment for a period of not longer than thirty days. After the hearing, the independent decision-maker shall submit to the department a written decision that states one of the findings described in paragraph (A)(2) of this rule, the evidence that the decision-maker relied on in reaching that conclusion, and, if the decision is that the inmate should be transferred, the reasons for the transfer.

(C) The department may transfer an inmate to a psychiatric hospital under an emergency transfer order if the chief clinical officer of mental health services of the department or that officer's designee and either a psychiatrist employed or retained by the department or, in the absence of a psychiatrist, a psychologist employed or retained by the department determines that the inmate is mentally ill, presents an immediate danger to self or others, and requires hospital-level care.

(1) After an emergency transfer under paragraph (C) of this rule, the department shall hold a hearing for continued hospitalization within five working days after admission of the transferred inmate to the psychiatric hospital. The department shall hold subsequent hearings pursuant to paragraph (F) of this rule at the same intervals as required for inmate patients who are transported to a psychiatric hospital under paragraph (B)(4) of this rule.

(D) The department may transfer an inmate to a psychiatric hospital under an uncontested transfer order if both of the following apply:

(1) A psychiatrist employed or retained by the department determines all of the following apply:

(a) The inmate has a mental illness or is a mentally ill person subject to hospitalization.

(b) The inmate requires hospital care to address the mental illness.

(c) The inmate has the mental capacity to make a reasoned choice regarding the inmate's transfer to a hospital.

(2) The inmate agrees to a transfer to a hospital.

(E) The written notice and the hearing required under paragraphs (B)(1) and (B)(2) of this rule are not required for an emergency transfer or uncontested transfer under paragraph (C) or (D) of this rule.

(F) The department shall hold a hearing for the continued hospitalization of an inmate patient who is transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule prior to the expiration of the initial thirty-day period of hospitalization. The department shall hold any subsequent hearings, if necessary, not later than ninety days after the first thirty-day hearing and then not later than each one hundred and eighty days after the closest prior hearing. An independent decision-maker shall conduct the hearings at the psychiatric hospital in which the inmate patient is confined. The inmate patient shall be afforded all of the rights set forth in this rule for the hearing prior to transfer to the psychiatric hospital. The department may not waive a hearing for continued commitment. A hearing for continued commitment is mandatory for an inmate patient transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule unless the inmate patient has the capacity to make a reasoned choice to execute a waiver and waives the hearing in writing. An inmate patient who is transferred to a psychiatric hospital pursuant to an uncontested transfer under paragraph (D) of this rule and who has scheduled hearings after withdrawal of consent for hospitalization may waive any of the scheduled hearings if the inmate has the capacity to make a reasoned choice and executes a written waiver of the hearing.

(G) If upon completion of the hearing the independent decision-maker does not find by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order the inmate patient's discharge from the psychiatric hospital. If the independent decision-maker finds by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order that the inmate patient remain at the psychiatric hospital for continued hospitalization until the next required hearing.

(H) If at any time prior to next required hearing for continued hospitalization, the medical director of the hospital or the attending physician determines that the treatment needs of the inmate patient could be met equally well in an available and appropriate less restrictive state correctional institution or unit, the medical director or attending physician may discharge the inmate to that facility.

Last updated March 24, 2023 at 10:45 AM

Supplemental Information

Authorized By: 5120.01, 5120.17
Amplifies: 5120.17
Five Year Review Date: 1/10/2028
Prior Effective Dates: 5/23/2014
Rule 5120-9-22 | Transfer of violators.
 

(A) When the parole board or any hearing officer assigned to the parole board revokes an offender's release or imposes a new prison term on an offender, a copy of the order revoking the violator's release or imposing the new prison term upon the violator will be forwarded to the receiving reception center.

(B) As soon as practical after receiving the inmate, the reception center will classify the inmate and forward all pertinent information to the bureau of classification and reception. The bureau of classification and reception will determine the inmate's security level and parent institution.

Last updated February 7, 2024 at 9:20 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 2967.15, 2967.28
Five Year Review Date: 1/23/2029
Prior Effective Dates: 12/20/1996
Rule 5120-9-23 | Escapes.
 

(A) The department of rehabilitation and correction responds to an inmate escape in a manner which maximizes the safety of the general public while engaging in actions designed to apprehend the escapee(s).

(B) Each institution establishes a specific prevention, escape and apprehension action plan which includes institution specific instructions for preventing an escape, and in the event of an escape: reporting, containment and security of the institution, mobilizing staff and information, formulating an action plan to apprehend the escapee(s), returning to normal operations and follow-up.

(C) In the event of an escape, the institution immediately reports the escape to the Ohio state highway patrol and other relevant local support agencies and submit a written report to the director and or designee(s). Periodic updates will be provided to the director and or designee(s) as instructed.

(D) An investigation of an attempted escape or actual escape is completed to determine any security failures, staff failures, and to identify any corrective actions required or already taken.

(E) If an inmate who was convicted of a felony offense of violence escapes, the office of victim services, in accordance with division (H)(1) of section 5120.60 of the Revised Code, shall notify each victim of the offense or offenses committed by the inmate of the inmate's escape and, if applicable, the inmate's subsequent apprehension. The office of victim services may request the assistance of the prosecuting attorney of the county in which the escaped inmate was convicted in identifying and locating a victim required to receive notice under this paragraph.

Last updated May 31, 2024 at 6:54 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.36, 5120.60
Five Year Review Date: 1/19/2029
Prior Effective Dates: 12/1/2011
Rule 5120-9-24 | Incident reporting and investigation.
 

(A) The managing officer or designee shall promptly report to the director or designee incidents which seriously threaten the health, safety and or security of a person or institution, including those incidents that might have external ramifications or news media interest.

(B) A written report of such incidents will be forwarded to the director or designee no later than the next business day. The written report will include the institution name, the nature of the incident, date and time of incident, a brief summary of the incident, action taken in response to incident and the names and relevant information regarding each inmate and/or staff member involved. Additional investigation will be conducted, as necessary, at the direction of the warden or the director or designee.

(C) Incidents that may involve the commission of a criminal offense shall be reported to the Ohio state highway patrol for their review. When the Ohio state highway patrol opens a criminal investigation related to the actions of an inmate or staff member, the institutional investigator will provide such assistance as is necessary and appropriate. An administrative investigation and subsequent administrative action, including disciplinary action against an employee or inmate, may proceed to the extent it does not interfere with the criminal investigation.

Last updated May 31, 2024 at 6:55 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/19/2029
Prior Effective Dates: 7/18/1983, 5/15/2004
Rule 5120-9-25 | Appearance and grooming of male inmates.
 

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule. Inmates may purchase personal hygiene items, including shaving materials, deodorant, toothpaste, toothbrushes, soap and towels through the commissary. The institution may issue these items without charge or on credit if the inmate is indigent.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

(C) Inmates shall have the opportunity to shower no less than five times weekly.

Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be kept clean. Hair must, at all times, remain readily and thoroughly searchable for contraband. Hair that is in such condition that it cannot be readily and thoroughly searched is prohibited and shall be subject to forced cutting as provided in paragraph (I) of this rule. For purposes of this rule, "searchable" shall mean that it can be determined, through ordinary search procedures, whether the inmate's hair contains contraband. Ordinary search procedures include, but are not limited to, passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present and/or directing the inmate to turn his head upside-down and run his fingers vigorously through his hair.

Braids and dreadlocks may be worn subject to the limitations of this rule and provided that the thickness of each individual braid or dreadlock does not exceed one-half inch. The following hairstyles or facial hair are not permitted: initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding natural baldness) and weaves. Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns, as determined by the director's designee. The managing officer may impose restrictions or authorize exemptions to these prohibitions for documented medical or mental health reasons, in conjunction with medical or mental health treatment, or to accommodate a sincerely held religious belief.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for compliance with this rule at any time.

(F) Sideburns, beards, and moustaches must be clean and neatly trimmed.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Rephotographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) A reception inmate may receive a haircut, if necessary, for reasons of sanitation or as otherwise permitted by this rule.

(I) Forced haircuts shall only be given if the inmate has not been given an exemption from the grooming restrictions set forth in paragraph (D) of this rule, the inmate has been given an order to cut his hair, has disobeyed the order, has been issued a conduct report and the rules infraction board determines that the hairstyle is contrary to this rule. All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with this rule. In the interest of maintaining security and sanitary conditions, unless the inmate is asserting a sincerely held religious belief as a condition of the inmate's hair, forced haircuts may also be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting all forced haircuts in reception facilities and other institutions. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against his will.

(J) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in, or other misuse of, his hair or facial hair or is administratively convicted of escape-related misconduct or criminal activity.

(K) Male inmates are not permitted to wear earrings.

(L) Inmates performing work assignments which may reasonably be determined to include safety hazards or sanitary concerns may be required to wear appropriate protective equipment, such as hats, hair nets, etc.

(M) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or perform any other cosmetic procedure on another inmate, except in an authorized program or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(N) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes.

(O) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

Last updated December 20, 2021 at 2:33 PM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.36
Five Year Review Date: 1/8/2025
Prior Effective Dates: 2/16/2016
Rule 5120-9-25.1 | Appearance and grooming of female inmates.
 

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule Inmates may purchase personal hygiene items, to include shaving materials, deodorant, toothpaste, toothbrushes, soap, and towels through the commissary. The institution may issue these items without charge or on credit if the inmate does not have the available funds.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

(C) Inmates shall have the opportunity to shower no less than five times weekly. Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be kept clean. Hair must, at all times, remain readily and thoroughly searchable for contraband. Hair that is in such condition that it cannot be readily and thoroughly searched is prohibited and shall be subject to forced cutting as provided in paragraph (I) of this rule. For purposes of this rule, "searchable" shall mean that it can be determined, through ordinary search procedures, whether the inmate's hair contains contraband. Ordinary search procedures include, but are not limited to, passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present and/or directing the inmate to turn her head upside-down and run her fingers vigorously through her hair.

Braids and dreadlocks may be worn subject to the limitations of this rule and provided that the thickness of each individual braid or dreadlock does not exceed one-half inch. The following hairstyles or facial hair are not permitted: initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding bangs or natural baldness), weaves and shaved heads. Hair coloring is not permitted unless approved by the warden and provided by an individual properly licensed to provide such a service and/or provided as part of an authorized program. Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns as determined by the office of prisons. The warden may impose restrictions or authorize exemptions to these prohibitions for documented medical or mental health reasons, in conjunction with medical or mental health treatment, or to accommodate a sincerely held religious belief.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for compliance with this rule at any time.

(F) Sideburns, bangs, and other facial hair must be neatly trimmed. Facial hair must not protrude more than one-fourth inch from the skin.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Re-photographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) A reception inmate may receive a haircut, if necessary, for reasons of sanitation or as otherwise permitted by this rule.

(I) Forced haircuts shall only be given if the inmate has not been given an exemption from the grooming restrictions set forth in paragraph (D) of this rule, has been given an order to cut her hair, has disobeyed the order, has been issued a conduct report and the rules infraction board determines that the hairstyle or hair length is contrary to this rule. All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with this rule. In the interest of maintaining security and sanitary conditions, unless the inmate is asserting a sincerely held religious belief as a basis for the condition of the inmate's hair, forced haircuts may be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting all forced haircuts in reception facilities and other institutions. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against her will.

(J) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in, or other misuse of her hair, or administratively convicted of escape-related misconduct or criminal activity.

(K) Female inmates are permitted to wear earrings. Hoop and stud types are not to exceed one-half inch in diameter. Dangle type, those that hang from or attach to a post or wire are not to extend more than one-fourth inch below the bottom of the ear lobe. Earrings are not to be worn on any part of the body, except the ears. A maximum of two pair of earrings may be worn at one time.

(L) Inmates performing work assignments which may reasonably be determined to include safety hazards or sanitary concerns may be required to wear appropriate protective equipment, such as hats, hair nets, etc.

(M) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or to perform any other cosmetic procedure, except in an authorized program, or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(N) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes. Artificial fingernails are not permitted.

(O) Inmates may wear a reasonable amount of make-up. Eyeliner will not exceed the eyebrow area. Staff may require an inmate to remove make-up if in the judgment of a supervisor any significant change in physical appearance has taken place.

(P) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

Last updated December 20, 2021 at 2:33 PM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.36
Five Year Review Date: 1/7/2025
Prior Effective Dates: 4/12/2007
Rule 5120-9-26 | Use of Truth Verification Systems for Administrative Investigations.
 

(A) Truth verification systems such as a polygraph examination or a computer voice stress analysis may be utilized in the course of an administrative investigation. In general, the following principles shall apply:

(1) The results of such an examination shall only be a factor to be considered in determining the truthfulness of the person being examined, but shall not be considered conclusive of the facts under question.

(2) No offender or staff member shall be compelled to submit to a truth verification examination involuntarily.

(3) No inmate or staff member, shall be prejudiced by a refusal or failure to submit to a truth verification examination.

(4) No inmate or staff member shall be disciplined or discriminated against in any administrative action solely on the basis of the results of a truth verification examination unless there is supporting evidence which is both reliable and probative.

(5) If a related criminal investigation is being conducted, the managing officer or investigator shall ascertain that the use of a truth verification examination will not unduly hinder or interfere with the criminal investigation.

(B) Prior to the use of a truth verification examination in an administrative investigation, the managing officer must obtain approval from both the office of the chief inspector and the managing officer's deputy director.

Last updated March 24, 2023 at 10:49 AM

Supplemental Information

Authorized By: 5120.01, 5120.42
Amplifies: 5120.42
Five Year Review Date: 1/10/2025
Rule 5120-9-27 | Procurement of medical aids for institution inmates.
 

(A) The department of rehabilitation and correction shall provide to all institution inmates, when it is determined by qualified departmental staff (or other qualified independent contractor) that a legitimate medical or dental need exists, the following medical aids: eyeglasses, full and/or partial dentures, hearing aids, orthopedic appliances, etc. The department will further provide for reasonable replacement and upkeep. The cost and quality of such replacement items shall be at the warden's discretion. An inmate may, with the warden's approval, obtain a higher quality or more expensive item at the inmate's own expense.

(B) The loss, theft or destruction of such aids, due to carelessness or negligence on the part of the inmate, will result in replacement being charged to the inmate's personal account. Prior to any such action, however, a full investigation will be conducted by the inspector of institutional services.

(C) Medical aids of a cosmetic nature are not provided for. The cost of cosmetic medical aids, if desired by the inmates will be charged to the inmate's personal account with prior approval of the warden.

Last updated March 24, 2023 at 10:49 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2025
Prior Effective Dates: 1/13/1979
Rule 5120-9-29 | The office of the inspector of institutional services.
 

The warden of each institution shall appoint an individual to serve as the inspector of institutional services. As appropriate, the warden may also appoint an assistant inspector of institutional services. Screening, interviewing, and selecting individuals for both positions requires the participation of the chief inspector or designee. The inspector of institutional services shall report directly to the warden, with functional supervision being maintained by the chief inspector or his/her designee. The chief inspector or designee shall be involved in the performance evaluation of the inspector of institutional services. The inspector of institutional services shall have sufficient authority, clerical support, and access to all records and areas of the institution in order to carry out the duties of the office.

The inspector of institutional services shall:

(A) Facilitate all aspects of the inmate grievance procedure, as established by rule 5120-9-31 of the Administrative Code.

(B) Investigate and respond to grievances filed by inmates;

(C) Monitor the application of institutional and departmental rules and policies affecting conditions of incarceration; and report to the warden any noncompliance including recommendations for corrective action;

(D) Conduct regular inspections of institutional services and serve as a liaison between the inmate population and institutional personnel;

(E) Review and provide input on new or revised institutional policies, procedures and post orders;

(F) Provide training on the inmate grievance procedure and other relevant topics;

(G) Perform other duties as assigned by the warden or chief inspector which do not create a conflict with paragraph (A) or (B) of this rule.

(H) Submit all reports, documents, or other forms of accountability of their work to the chief inspector and/or warden as directed.

Last updated March 24, 2023 at 10:49 AM

Supplemental Information

Authorized By: 5120.01, 5120.06, 5120.42.
Amplifies: 5120.01, 5120.06, 5120.42.
Five Year Review Date: 1/10/2025
Prior Effective Dates: 7/10/1980, 3/21/1997
Rule 5120-9-30 | The office of the chief inspector.
 

(A) Pursuant to section 5120.06 of the Revised Code, the director shall establish the office of the chief inspector and prescribe the powers and duties of said division. The chief inspector shall serve as a deputy director, in the unclassified service, equivalent in status to all other deputy directors within the department of rehabilitation and correction. The chief inspector shall report directly to the director and assistant director of the department of rehabilitation and correction.

(B) The office of the chief inspector shall have sufficient centrally located staff to assist in carrying out the responsibilities of the office. The chief inspector shall have the authority to screen, interview and select support staff, assistant chief inspectors and other designees.

(C) The chief inspector and designee(s) have the authority and responsibility to:

(1) Administer all aspects of the grievance procedure for inmates;

(2) Render dispositions on inmate grievance appeals;

(3) Render dispositions on grievances against the wardens and/or inspectors of institutional services;

(4) Participate in the selection process of institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators, including screening, interviewing and selection;

(5) Functionally supervise institutional inspectors, assistant inspectors, investigators, assistant investigators and accreditation coordinators; including participation in annual performance reviews for such positions;

(6) Initiate and supervise continuous training for departmental staff to maintain an active awareness and understanding of the grievance procedure for inmates and prepare a lesson plan for such purpose;

(7) Ensure that all laws, rules, and regulations of the department and subordinate facilities are being followed and applied fairly throughout the system and report to the director or assistant director any noncompliance including recommendations for corrective action;

(8) Administer and supervise internal and external audit procedures;

(9) Monitor and provide input relative to any proposed new or revised administrative rules, policies or protocols of the department;

(10) Coordinate the revision, dissemination, annual review and maintenance of departmental policies;

(11) Monitor, coordinate, conduct, and/or initiate internal administrative investigations;

(12) Submit to the director and the chairperson of the correctional institution inspection committee an annual report, which shall include, from all institutions, statistical information as to the number and nature of all inmate grievances processed during the report period, their disposition and the status of all pending grievances; and

(13) Perform any other duties and responsibilities established by departmental policy and/or as directed or approved by the director or assistant director.

(D) The chief inspector and designee(s) shall have all necessary authority to perform the required duties and responsibilities of this rule. The chief inspector and designee(s) shall have full investigative powers and complete access at any time to all facilities, offices, or installations under the jurisdiction of the department of rehabilitation and correction. All records, files, documentation, and any other information shall be available to the chief inspector and designee(s) upon request. Any employee or inmate of the department who is found to have knowingly, deliberately or maliciously obstructed an investigation conducted by the chief inspector's office will be subject to disciplinary action upon the recommendation of the chief inspector or designee.

Last updated March 24, 2023 at 10:49 AM

Supplemental Information

Authorized By: 5120.01, 5120.06, 5120.42.
Amplifies: 5120.42.
Five Year Review Date: 1/10/2025
Prior Effective Dates: 2/10/1978, 1/1/2002
Rule 5120-9-31 | The inmate grievance procedure.
 

(A) The department of rehabilitation and correction (DRC) shall provide inmates with access to an inmate grievance procedure. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant. This may include complaints regarding the application of policies, procedures, conditions of confinement, or the actions of institutional staff.

(B) The inmate grievance procedure will not serve as an additional or substitute appeal process for hearing officer decisions, rules infraction board decisions or those issues or actions which already include a separate appeal mechanism beyond the institution level or those issues or actions where a separate administrative rule specifically indicates there is no appeal or where a final decision has been rendered by operation support center staff or a managing officer. Other matters that are not grievable include complaints related to legislative actions, the Ohio Revised Code, Administrative Code, ODRC policies, and decisions of the adult parole authority, judicial proceedings and sentencing or complaints whose subject matter is exclusively within the jurisdiction of the courts or other agencies. Complaints which present allegations which fall, in part, within the scope of paragraph (A) of this rule and in part within this paragraph will be considered to the extent they are not excluded under this paragraph.

(C) A written explanation of and instructions for the use of the inmate grievance procedure shall be readily available to both staff and inmates. Newly hired staff, and newly incarcerated inmates at reception shall receive a written and oral description of the procedure. Inmates shall also receive information regarding the inmate grievance procedures during orientation at their parent institution. Appropriate provisions shall be made as necessary for inmates not fluent in English, persons with disabilities and those with low literacy levels. All materials used to provide information and training on the inmate grievance procedure to staff and inmates shall be prepared or approved by the office of the chief inspector.

(D) Inmates may utilize the inmate grievance procedure regardless of any disciplinary status, or other administrative or legislative decision to which the inmate may be subject. Appropriate provisions shall be made to ensure access to the inmate grievance procedure by inmates not fluent in English, persons with disabilities, and those with low literacy levels. Each institution shall ensure a secure method exists for inmates to send kites, informal complaints, grievances, and other institutional correspondence to staff.

(E) Limited restrictions may be imposed, only with the approval of the chief inspector, based upon an inmate's abuse or misuse of the inmate grievance procedure. Such a restriction shall be for a stated period of time not to exceed ninety days and subject to extension by the chief inspector if the inmate has not substantially complied with the restriction requirements. Provisions shall be made to ensure that the inmate can pursue issues that could present a substantial risk of physical injury, such as medical concerns, through the inmate grievance procedure. Any inmate subject to a restriction shall be notified in writing. Such notice shall include a clear explanation of the nature of the restriction, and the length of time of the restriction, (conditional upon their compliance). The notice shall also include an explanation of how they may pursue issues that could present a substantial risk of harm while on restriction.

(F) An inmate may be subject to disciplinary action for intentionally providing false information, or disrespectful, threatening or otherwise inappropriate comments made in an informal complaint, grievance, grievance appeal or grievance against the warden or inspector of institutional services. Only the chief inspector or designee and/or inspector of institutional services, with the approval of the chief inspector or designee, may initiate disciplinary action based upon the contents of an informal complaint, grievance, grievance appeal or grievance against the warden or inspector of institutional services. Failure of the inmate to substantiate his or her grievance allegations shall not, by itself, be used as grounds to initiate disciplinary action.

(G) Retaliation or the threat of retaliation for the use of the inmate grievance procedure is strictly prohibited. Any alleged or threatened retaliation may be pursued through the inmate grievance procedure. Appropriate disciplinary action shall be taken against any employee found to be in violation of this rule.

(H) Grievance records are considered confidential and shall be maintained in a secure manner. No grievance records shall be placed in any inmate file which is available to the adult parole authority, except when the record is the basis of disciplinary action initiated by the inspector and authorized by the chief inspector.

(I) Only the procedure designated by the chief inspector may be used to file informal complaints, grievances, grievance appeals, or grievances against the warden or inspector of institutional services. Such process shall be reasonably available to inmates regardless of their disciplinary status or classification. Inmates shall not be required to advise a staff member, other than the inspector of institutional services, of the reason the procedure is being initiated.

(J) The inmate grievance procedure shall be comprised of three consecutive steps fully described in this paragraph. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant, including complaints regarding the application of DRC policies, procedures, conditions of confinement or the actions of institutional staff. Whenever feasible, inmate complaints should be resolved at the lowest step possible. Informal complaints must contain specific information; dates, times, places, the event giving rise to the complaint and, if applicable, the name or names of personnel involved and the name or names of any witnesses. Specificity of the complaint provides institutional staff the opportunity to investigate the complaint and to take corrective action to address a valid complaint. In the event an inmate does not know the identity of the personnel involved, a "John/Jane Doe" complaint may be filed. However, the complaint shall be specific as to dates, times, places, physical descriptions of any unidentified personnel and the actions of said personnel giving rise to the complaint.

(1) The filing of an informal complaint - step one:

Within fourteen calendar days of the date of the event giving rise to the complaint, the inmate shall file an informal complaint to the direct supervisor of the staff member, or department most directly responsible for the particular subject matter of the complaint. Staff shall respond in writing within seven calendar days of receipt of the informal complaint. If the inmate has not received a written response from the staff member within seven calendar days, the inspector may grant an additional four calendar days for response. The inspector of institutional services shall take prompt action to ensure that a written response is provided to the informal complaint within required timelines and if a response is not provided within required timelines, the informal complaint step is automatically waived and the inmate may proceed to step two. Informal complaint responses shall reflect an understanding of the inmate's complaint, be responsive to the issue, cite any relevant departmental or institutional rules or policies and specify the action taken, if any. The inspector of institutional services shall monitor staff compliance with the informal complaint process. Any pattern of non-compliance by staff shall be reported to the warden for appropriate action. The filing of an informal complaint may be waived if it is determined by the inspector of institutional services that there is a substantial risk of physical injury to the grievant, the complaint is filed pursuant to rule 5120-9-03 or 5120-9-04 of the Administrative Code, paragraph (H) of this rule, or for other good cause. In instances where the inmate has failed to meet the requirements of paragraph (J) of this rule, notification will be provided by the inspector stating the reason(s) why use of the grievance procedure is not appropriate.

(2) The filing of the notification of grievance - step two:

If the inmate is dissatisfied with the informal complaint response, or the informal complaint process has been waived, the inmate may file a notification of grievance with the inspector of institutional services. All inmate grievances must be filed by the inmate no later than fourteen calendar days from the date of the informal complaint response or waiver of the informal complaint step. The inspector of institutional services may also waive the timeframe for the filing of the notification of grievance, for good cause. The inspector of institutional services shall provide a written response to the grievance within fourteen calendar days of receipt. The written response shall summarize the inmate's complaint, describe what steps were taken to investigate the complaint and the inspector of institutional service's findings and decision. The inspector of institutional services may extend the time in which to respond by no more than fourteen days with notice to the inmate. If a disposition has not been rendered after a total of twenty-eight days from the receipt of the grievance, the complaint will be deemed unresolved and the inmate may proceed to step three of the process. Expedited responses shall be made to those grievances that, as determined by the inspector of institutional services, present a substantial risk of physical injury to the grievant or for other good cause.

(3) The filing of an appeal of the disposition of grievance - step three:

If the inmate is dissatisfied with the disposition of grievance, the inmate may file an appeal with the office of the chief inspector. Only issues presented in an informal complaint or grievance may be raised in a grievance appeal. Grievance appeals shall contain a clear, concise statement explaining the basis for the appeal. The appeal must then be filed to the office of the chief inspector within fourteen calendar days of the date of the disposition of grievance. For good cause the chief inspector or designee(s) may waive such time limits. The chief inspector or designee(s) shall provide a written response within thirty calendar days of receipt of the appeal. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final. Grievance appeals concerning medical diagnosis or a specific course of treatment shall be investigated and responded to by a health care professional.

(K) Appropriate remedies for valid grievances shall be provided. Potential remedies may include, but are not limited to: changes to institutional policies or procedures, the implementation of new policies or procedures, and/or corrective action specific to the inmate's complaint (for example, a correction to the inmate's account, locating lost property, etc.) If the resolution of a grievance or portion thereof, requires the authorization of the warden the inspector of institutional services shall submit the findings and recommendations concerning the grievance to the warden for the warden's approval, modification or disapproval. The warden shall respond in writing to the inspector of institutional services within fourteen calendar days. The inspector of institutional services shall provide to the office of the chief inspector the report to the warden, that includes the warden's decision.

(L) Grievances against the warden or inspector of institutional services ("direct grievances") must be filed directly to the office of the chief inspector within thirty calendar days of the event giving rise to the complaint. Direct grievances must show that the warden or inspector of institutional services was personally and knowingly involved in a violation of law, rule or policy, or personally and knowingly approved or condoned such a violation.

The chief inspector or designee(s) shall respond in writing within thirty calendar days of receipt of the direct grievance. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final.

Last updated April 8, 2021 at 12:22 PM

Supplemental Information

Authorized By: 5120.01, 5120.06, 5120.42
Amplifies: 5120.01, 5120.06, 5120.42
Five Year Review Date: 1/1/2021
Prior Effective Dates: 1/1/2002, 5/1/2008, 1/9/2020
Rule 5120-9-32 | Inmate property claims.
 

(A) If an inmate in a state correctional institution has a claim against the department of rehabilitation and correction for the loss of or damage to personal property and the amount claimed does not exceed three hundred dollars, before commencing an action against the department of rehabilitation and correction in the court of claims of Ohio, the inmate shall first attempt to resolve the matter by following the inmate grievance procedure as set forth in rule 5120-9-31 of the Administrative Code.

(B) The claim shall be filed utilizing the inmate grievance procedure (rule 5120-9-31 of the Administrative Code) no later than ninety days prior to the expiration of the time allowed for commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code. Pursuant to section 2743.16 of the Revised Code, civil actions against the state for the loss of or damage to personal property shall be commenced no later than two years after the date of accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. The filing of the claim as a grievance does not toll the time allowed for the commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code.

(C) The inspector of institutional services shall provide a written response to the claim. The written response shall summarize the inmate's claim, describe what steps were taken to investigate the claim, and the inspector of institutional service's findings and decision. If the inmate's claim is determined to have merit, the inspector of institutional services, subject to the warden's concurrence, shall make an offer to compromise the claim to the inmate. The offer to compromise the claim may be monetary or non-monetary.

(D) If the inmate accepts a monetary offer to compromise, a payment shall be made to the inmate's institutional account from general revenue funds appropriated to the department of rehabilitation and correction. Such payment is subject to withdrawal from such account as may be necessary to pay a court ordered obligation pursuant to rule 5120-5-03 of the Administrative Code. The inmate's acceptance of a monetary offer to compromise and payment credited to the inmate's institutional account shall constitute a full and complete release of liability for the claim. Such a monetary compromise payment shall be the final remedy against the department of rehabilitation and correction and the state of Ohio.

(E) Institutions may utilize contraband valued at one hundred dollars or less to make non-monetary offers to compromise by order of the warden or designee after the institution has attempted to contact or idedntify the owner of the personal property and those attempts have been unsuccessful, or the inmate who owns the personal property agrees in writing to the disposal of the contraband property. Institutions may utilize contraband valued at over one hundred dollars which has been forfeited by court order to make non-monetary offers to compromise only if the court order of forfeiture states that the forfeited contraband may be utilized by the insitution for such a purpose. Institutions may also utilize donated property or property abandoned by an inmate upon release to make a non-monetary offer to compromise. If the inmate accepts a non-monetary offer to compromise, the item of property shall be re-titled to the inmate if appropriate. The inmate's acceptance of an offer to compromise and the documented receipt of the replacment item shall constitute a full and complete release of liability for the property claim. Such a non-monetary compromise shall be the final remedy against the department of rehabilitation and correction and the state of Ohio.

(F) If the department of rehabilitation and correction denies the grievance or does not compromise the claim at least sixty days prior to the expiration of the time allowed for the commencement of an civil action based upon the loss or damage under section 2743.16 of the Revised Code, as set forth in paragraph (B) of this rule, the inmate may commence an action in the court of claims of Ohio under Chapter 2743. of the Revised Code to recover damages for the loss or damage.

Last updated March 24, 2023 at 10:50 AM

Supplemental Information

Authorized By: 5120.01, 2743.02
Amplifies: 2743.02
Five Year Review Date: 1/10/2025
Prior Effective Dates: 6/1/2004, 4/15/2010
Rule 5120-9-33 | Packages and property restrictions.
 

(A) In addition to the state-provided basic necessities, inmates may be permitted, subject to the limitations and conditions described in this rule, to possess certain items of personal property, which are not state issued.

(B) Excluding large titled items (e.g., televisions and typewriters etc.), state issued bedding, coats/jackets, and permitted shoes, an inmate may not possess more than 2.4 cubic feet of combined state and personal property unless specifically authorized pursuant to this rule.

(C) Individual items of personal property possessed by an inmate shall not exceed the value limit for that item. Individual value limits shall be reasonable and shall not unreasonably deprive the inmate of the ability to make purchases. The director shall approve a list of allowable items of personal property and the associated value limits. The list shall be distributed to all institutions and affirmatively communicated to the inmate population.

(D) Each inmate is responsible for ensuring that his personal property remain in conformity with the foregoing limitations. Property in excess of these limitations will be deemed contraband and disposed of pursuant to rule 5120-9-55 of the Administrative Code.

(E) Inmates may possess only personal property items received through an institutional commissary, and/or vendors identified by the director or designee.

(1) Inmates may order and receive food packages only from the vendor approved by the director or designee.

(2) Inmates may order and receive sundry packages (non-food personal property) only from vendors approved by the director or designee.

(3) Family members, friends and others (regardless of their inclusion on the inmate's approved visitation list) may order food and/or sundry packages, subject to the limitations of this rule, from the approved vendor or vendors, for the benefit of a designated inmate.

(F) Information on approved vendors, product availability and making purchases will be appropriately provided to inmates, family members and other interested parties.

(G) Inmates assigned to institutions with the following security designations are eligible to receive the corresponding total number of packages per year from any of the approved sources, subject to the following exceptions:

SECURITY LEVELTOTAL NUMBER OF PACKAGESLIMITATIONS
Level 1 4Maximum of 2 food only boxes
Level 2 3Maximum of 2 food only boxes
Level 3 3 Maximum of 1 food only box
Level 4 2 Maximum of 1 food only box
Level E 0No packages permitted
Death Row3Maximum of 2 food only boxes

Institutions whose physical construction facilitates the housing of inmates by different security designations shall permit inmates to receive packages according to their individual security level.

Exceptions: Non-cadre inmates assigned to a reception center, or inmates temporarily assigned to a medical center, may not receive packages. Inmates sent to outside hospitals, or inmates in restrictive housing or limited privilege housing or any other status specifically designated by the director may not receive packages.

(H) The director or designee may grant a managing officer's written request to include or exclude certain items of personal property based on the security, safety, space, control or other needs of a particular institution or individual. Approved institutional changes will be communicated in writing to the chief inspector and posted in the affected institution(s) as appropriate. Managing officers shall have the authority and discretion to permit receipt of additional packages, with or without limitation, and to establish institutional rules governing the storage of inmate legal materials and commissary items.

(I) With the exception of any property excluded pursuant to paragraph (H) of this rule, inmates who legitimately possess personal property prior to April 1, 2000, may be permitted to retain (grandfather) said property until such time as said property becomes unusable. Institutional staff will ensure that any inmate's personal property being transferred to or received from another state correctional facility conforms to the 2.4 cubic foot limitation.

(J) Inmates shall not trade, sell, barter, loan, or give away any personal property to another inmate. Inmates shall maintain proof of ownership for all property possessed. Failure to maintain proof of ownership may result in denied claims for lost property. Inmates are responsible for immediately reporting a theft or loss and institutional personnel are responsible for conducting a timely investigation. Inmates may not order a food or sundry package for another inmate.

Last updated March 24, 2023 at 10:50 AM

Supplemental Information

Authorized By: 5120.01, 5120.36
Amplifies: 2921.36, 5120.36, 5120.42
Five Year Review Date: 1/15/2025
Prior Effective Dates: 4/1/2000, 6/1/2009
Rule 5120-9-34 | Community education and work assignment time.
 

The purpose of this rule is to afford inmates of state penal institutions, on a selected basis, with adequate security, the opportunity to participate in educational and/or vocational programs, and community service programs which will implement the rehabilitative goal of the correctional system of the state of Ohio.

(A) Definitions. As used in this rule the following terms shall mean:

(1) "Institution" means any state penal institution, state prison, state reformatory or correctional or physical or mental treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction.

(2) "Inmate" means a person who is imprisoned in an institution.

(3) "Community service program" means a program under which inmates may be granted permission to be temporarily absent from the premises of an institution for the purpose of volunteer work in the community or for such other community service programs which are specifically approved in writing by the director of the Ohio department of rehabilitation and correction and the managing officer of the institution in which the inmate is confined. The director of the Ohio department of rehabilitation and correction shall keep accessible records of all such programs, events, or activities which have been approved by him.

(4) "Education or vocational program" means a program under which inmates may be granted permission to leave the premises of an institution for the purpose of attending educational or vocational education classes or participating in a program or course of study of that nature, said programs to be approved in writing by the director of the Ohio department of rehabilitation and correction. The director of the department of rehabilitation and correction shall keep accessible records of all such programs which have been approved by him.

(B) No inmate classified as maximum security shall be eligible to participate in community service programs, educational or vocational programs, as provided for in this rule. Inmates classified as medium security may be eligible for such programs, but only pursuant to paragraph (C)(4) of this rule.

(C) An inmate shall not be permitted to participate in programs pursuant to the provisions of this rule unless, and until, the managing officer of the institution and the director or his designee affirmatively and specifically finds the following facts, which must be set forth in writing:

(1) That the inmate has not been committed on more than one occasion for a felony that is an offense of violence as defined in section 2901.01 of the Revised Code.

(2) That the inmate has not been committed for the commission of felonies on more than two separate occasions.

(3) That the inmate's participation in community service, educational, or vocational programs pursuant to the provisions of this rule is consistent with the safety of the community and is in the best interests of rehabilitation with respect to the inmate.

(4) Any exception to paragraphs (A)(1) and (A)(2) of this rule must be recommended by the classification committee and approved by the director or his designee for compelling reason(s).

(D) The managing officer of the institution shall provide a system for checking out and checking in all inmates who participate in community service, educational, or vocational programs pursuant to this rule, which system shall reflect:

(1) The name of the inmate and inmate number.

(2) The date and time when the inmate left the institution.

(3) The destination for which the inmate is bound.

(4) The date and time that the inmate returned to the institution.

(5) The name of the person charged with supervising the inmate.

(E) The managing officer of the institution shall keep accessible records of all inmates who are participating in community service, educational, or vocational programs pursuant to this rule, including the date and time of their temporary absence from the institution, their destination, and the date and time of their return to the institution.

(F) During all times when an inmate is temporarily absent from an institution pursuant to the provisions of this rule, the inmate shall:

(1) Be under the direct, immediate, and personal supervision and control of a correctional officer, an employee of the institution, or a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card;

(2) Directly and promptly proceed to the destination using the approved method of transportation and route, and shall not deviate from the purpose and destination of the inmate's community service, educational, or vocational program;

(3) Remain at or within the area designated as the destination of the inmate's community service, educational, or vocational program;

(4) Obey all orders, commands, and instructions of the correctional officer or the approved person responsible for supervising and controlling the inmate;

(5) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs;

(6) Not violate any law of the United States, the state of Ohio, or any municipal ordinance;

(7) Work diligently and display proper conduct;

(8) Return to the institution immediately and without delay at the time scheduled for return using the approved method of transportation, and shall not deviate from the institutional destination.

(G) Any inmate who violates any of the provisions of paragraph (F) of this rule shall be subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code. The institutional correctional officer or approved person responsible for supervising and controlling the inmate shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (F) of this rule which are committed in his or her presence or which he or she is aware of, and an acknowledgement of this duty shall be made in writing by all such persons, other than an institutional guard.

(H) The managing officer of the institution shall have the affirmative duty to notify, in writing, the director and the appropriate law enforcement agencies immediately of any escape, walkaway, or failure of an inmate to return from a community service, educational, or vocational program.

(I) Prior to the approval of an inmate's application filed pursuant to this rule, a form setting forth the provisions of paragraphs (F) and (G) of this rule will be provided to the inmate, who shall execute, in writing, the inmate's understanding thereof and that the inmate agrees to abide by and be bound by those provisions.

(J) No inmate shall be outside of the institution except pursuant to the provisions of this rule, pursuant to section 2967.26 of the Revised Code, or pursuant to any other program established by an act of the general assembly of the state of Ohio.

Last updated March 24, 2023 at 10:50 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5145.03
Five Year Review Date: 1/10/2025
Prior Effective Dates: 12/31/1976, 4/9/1982
Rule 5120-9-37 | Inmate group activities.
 

(A) No inmate shall be permitted to become an active member in any group within an institution until that group has been approved pursuant to this rule. An "unauthorized group" is defined as:

(1) An association of two or more persons with common characteristics (e.g., sharing a common interest, activity or purpose; acting in concert on an ongoing or recurrent basis; having a highly organized or loosely structured internal organization; recognizing themselves as a distinct group) which serves to distinguish that association from other inmates or groups, and;

(2) Has not been approved by the department pursuant to this rule or any departmental directive.

(B) An inmate shall not knowingly or intentionally engage in, whether individually or in concert with others:

(1) Forming, organizing, promoting, encouraging, recruiting for, or participating in, etc., an unauthorized group;

(2) Possessing, creating, reproducing, using or circulating, etc., any material related to an unauthorized group;

(3) Communicating support of, association with, or involvement in any unauthorized group. The form of communication may be verbal (written or spoken) as through codes, jargon, etc., or non-verbal (conduct as through hand signs, symbols, displays, drawings, graffiti, distinctive clothing, hairstyles, colors, ornaments, etc.;

(4) Participating in criminal activities, or disruptive activities such as disturbances, riots, fostering racial or religious hatred, or union activities; and,

(5) Violating institutional rules or directives or state or federal laws.

(C) When inmates engage in group activities when that group has not been authorized pursuant to this rule, or a group has received authorization pursuant to this rule, but engages in activities inconsistent with or beyond those authorized, such inmate and or group shall be deemed to be engaged in unauthorized group activities and subject to discipline consistent with rules 5120-9-06, 5120-9-07 and 5120-9-08 of the Administrative Code.

(D) When an inmate is charged with unauthorized group activity the conduct report shall indicate that the charge is brought under this rule, describe with specificity the alleged conduct forming the basis of the charge, and cite the pertinent identified sub-section of this rule that describes the unauthorized group activity prohibited.

(E) Inmates who wish to form an authorized group shall first file with the warden or designee a request for authorization to collect information to form the group. The request for authorization shall allow the inmates wishing to form a group to associate and communicate with other inmates for the sole purpose of gathering information to prepare the documents required to support a formal request to form a group. The request for authorization to associate and communicate shall state the nature and purpose of the proposed group. The warden or designee shall either grant or deny the request for authorization to associate and communicate within thirty days of receipt of the request. A denial shall state the reasons therefore. Inmates who wish to participate in religious group activities shall contact the institution's chaplain to ascertain the specific requirements for processing such a request.

(F) Inmates who are granted authorization to associate and communicate may confer with and recruit other inmates to participate in the proposed group. This authorization is limited to the extent necessary to gather the information to prepare documents required for the formal request to form a group. The limited authorization to associate and communicate shall expire within thirty days from the date it was granted.

(G) Within the thirty-day period following the authorization to associate and communicate, an inmate may file with the warden or designee a formal request to form a group. The formal request shall include the following:

(1) The name of the group;

(2) Any affiliation, directly or indirectly, with any other group within or outside the institution;

(3) The names of the person(s) interested in forming the group;

(4) The group's charter, constitution, or bylaws; or all three documents if appropriate;

(5) The group's objectives and proposed activities;

(6) The institutional services and resources, such as staff time or meeting rooms, needed for the group's activities;

(7) The anticipated length and frequency of group meetings or activities;

(8) Financial support desired from the institution, if any, including how long the group expects to need such support;

(9) Group methods, including recruiting new members;

(10) The need for the group and why no other existing group within the institution or the department can meet the needs of the applicant(s).

(H) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the warden or designee, shall submit the formal request, along with the warden's recommendations, to the director or designee.

(I) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the director or designee shall, in writing, approve or deny, in whole or in part, the formal request. A denial shall state the reasons therefore.

(J) No group shall be recognized, or an active membership permitted, in any group which the warden has reason to believe constitutes a risk to the security of the institution or personnel, is detrimental to the best interests of the inmates, or would work in opposition to the orderly function and operation of the institution.

(K) Each inmate group shall submit an annual report to the warden which shall include the name of the group, its purpose, the number of inmate members, its accomplishments during the previous year, its general effect on the inmate population, and the benefits, if any, derived by its members. A review of the conduct of the members during the preceding year shall also be conducted. Each warden shall then submit an annual report to the director or designee describing all active inmate groups and their activities.

(L) Each inmate group shall have a group advisor who shall be assigned by the warden from the institutional staff. Such group advisor shall attend all meetings of the inmate group. The group advisor shall review the conduct records of the members on an annual basis, and shall submit a written summary of such review at the time of the group's annual report.

(M) The director or designee may revoke a group's authority to continue to function as a group and to engage in organized group activities. In that event, the director or his designee shall notify the group in writing of the revocation and reason(s) therefore.

Last updated March 24, 2023 at 10:50 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01, 5120.42.
Five Year Review Date: 1/10/2025
Prior Effective Dates: 5/26/1973, 10/11/1982
Rule 5120-9-38 | Symbols of inmate groups.
 

(A) Authorized inmate groups may adopt a symbol, representing evidence of membership in an authorized group with the prior approval of the warden or designee.

(B) Such symbols may be in the form of rings, pins, bracelets, necklaces, or medallions, to the extent that such jewelry items are in accordance with inmate grooming and appearance and inmate personal property limitations.

(C) Such symbols may be disapproved. Disapproval may be based on size, weight, obscenity or the capability to be used as a weapon or to conceal contraband or other legitimate penological interests.

(D) Wardens may promulgate regulations limiting times and places where symbols may be worn, especially if they constitute a safety hazard, such as wearing medallions around machinery.

Last updated March 24, 2023 at 10:50 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2025
Prior Effective Dates: 4/15/1974
Rule 5120-9-39 | Restoration of voting rights for individuals convicted of crimes.
 

Information pertaining to voting rights and the eligibility requirements governing the restoration of those rights for individuals with criminal convictions shall be made accessible to offenders at all correctional facilities and adult parole authority field offices. Such information shall be made available through published materials, and posted on the official website of the Ohio department of rehabilitation and correction.

The information shall be updated, as necessary, by the Ohio department of rehabilitation and correction in response to any legislative revisions affecting the eligibility requirements pertaining to indiviudals with criminal convictions.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2028
Rule 5120-9-40 | Inmate newspapers.
 

(A) Inmate newspapers may be published within institutions when approved by the warden. Inmate newspapers and their contents shall be under the administrative control and supervision of a staff member designated by the warden.

(B) All articles submitted for publication must be signed, but names may be withheld on request.

(C) Written consent by the owner or publisher of material already printed must be obtained before republication in the institutional publication. When one source is frequently used for material, a blanket approval for publication may be sought.

(D) All costs incurred in the publication of an inmate newspaper shall be charged against the inmates' industrial and entertainment fund.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2025
Prior Effective Dates: 7/1/1973
Rule 5120-9-44 | Clergy substitute for regular, full-time state-employed clergy.
 

(A) Regular, full-time, state-employed chaplains on approved leave from their institutions shall be responsible for securing the services of substitute clergymen to perform designated duties.

(B) In the event institutional chaplains are unavailable, and non-institutional chaplains are needed, the chaplain shall attempt to secure the services of a volunteer clergyman, or one for whom the chaplain has previously substituted or for whom a service has been provided and for which an exchange of services is both reasonable and appropriate.

(C) The name of each substitute clergyman and duties performed shall be promptly forwarded to the administrator of religious services after such services are performed.

(D) In the event such services are unavailable except upon a fee basis, the concerned chaplain shall recommend in writing to the administrator of religious services a suitable substitute clergyman, state his fee schedule, and state the rate reasonably paid substitute clergyman in private churches in the community in which the institute is situated. No substitute clergyman shall be retained on a fee basis nor shall any contract with a substitute clergyman be valid unless approved in writing by the administrator of religious services. Such contract shall specify the dates, hours, and places of services to be performed.

(E) Immediately after performing the agreed-upon services, a substitute clergyman under a fee contract shall submit an invoice to the chaplain on leave. The substitute clergyman shall sign the invoice, provide his home mailing address, his social security number, make reference to the contract and date of contract, and state the dates, hours, and places of services performed.

(F) Upon receipt of such invoice, the chaplain for whom the substitution was made shall forward to the administrator of religious services copies of the invoice, the voucher, and a cover letter indicating his payroll name and social security number. The cover letter shall contain the dates for which the chaplain was on approved leave. The voucher shall thereafter be submitted to the business manager at the applicable institution for payment.

(G) Substitute chaplains shall have only such authority as is reasonable and necessary to fulfill their appointments.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.01
Five Year Review Date: 1/10/2025
Rule 5120-9-45 | Temporary exclusion from educational requirement.
 

(A) Except as provided by this rule, all inmates who have not obtained a high school diploma or equivalency shall take courses leading toward an Ohio certificate of high school equivalence, an Ohio high school diploma pursuant to section 3313.61 of the Revised Code, or courses that provide vocational training.

(B) The department may exclude certain inmates from the requirement to take courses as described in paragraph (A) of this rule for clearly established medical, mental health or security reasons pursuant to section 5145.06 of the Revised Code. Such exclusion from the mandatory requirement shall be temporary in nature, based on the criteria established by this rule, and pursuant to the procedure established in this rule.

(C) The managing officer of each correctional facility shall establish an education exclusion review committee. The committee shall be comprised of the health care administrator of the facility, the mental health administrator or mental health manager of the facility, and the principal or assistant principal of the facility. The managing officer may designate other competent and credentialed staff persons to the committee in place of the named positions. The committee shall meet when necessary to review applications for exclusion at the direction of the managing officer, but shall meet no less than once every six months. The managing officer may designate a staff person to assist the committee, and to ensure its adherence to time frames as described in this rule. Staff members are entitled to no additional compensation for service on this committee.

(D) Any correctional facility staff member or inmate may submit a request for an exclusion from the requirement to take courses. The request for exclusion shall be submitted on a form designated for that purpose. The request for exclusion shall be directed to the, managing officer, who shall refer it to the committee.

(E) Any request for exclusion from the requirement to take courses shall describe what condition or circumstance supports the exclusion of the particular inmate from the requirement to take courses. The criteria for exclusion from the requirement to take courses are as follows:

(1) Medical. A request for exclusion based on medical reasons shall be accompanied by a written statement from the institutional physician that the inmate, based on a diagnosed medical condition, is incapable of meaningful participation in an educational class or vocational training environment.

(2) Mental health. A request for exclusion based on mental health reasons shall be accompanied by a written statement from the institutional mental health administrator or mental health manager that the inmate, based on a diagnosed mental health condition, is incapable of meaningful participation in an educational class or vocational training environment.

(3) Security. Inmates in restrictive housing, who are on death row, or have a security level of E, are excluded from the educational requirement for security reasons. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their security status.

(4) Inmates admitted as patients to, Franklin medical center or Frazier health center are excluded from the educational requirement, while in patient status. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their medical or mental health status.

(F) The educational exclusion review committee shall review each request for exclusion within thirty days after its referral from the managing officer. The committee may require institutional staff to provide additional information if necessary. The committee shall either approve or deny the request and provide a written determination to the staff person submitting the request, to the inmate, to the education department, and to the managing officer.

(G) The grant of exclusion from mandatory education is in effect until the circumstances of the inmate changes or for a six-month period, whichever is shorter. The committee shall review each grant of exclusion, and may require institutional staff to provide updated information if necessary. The committee may continue, modify, or remove the exclusion as warranted. The committee shall provide a written determination of its review to the inmate, the education department, the referring clinical area when applicable and to the managing officer.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By: 5120.01, 5145.06
Amplifies: 5145.06
Five Year Review Date: 1/10/2028
Prior Effective Dates: 8/8/2003
Rule 5120-9-47 | Sanctions for filing frivolous actions.
 

(A) At any time, and upon its own motion or on the motion of a party, a court may conduct an inquiry into whether any civil action or appeal brought by an inmate was brought in good faith. An inmate who is found by a court to have brought a frivolous civil action or appeal in any court of this state or in any federal court, or who is found by a state court to have brought a malicious civil action or appeal, or who is found by a state court to have filed false allegations of indigency in a poverty affidavit, or who is found by a state court to have filed additional affidavits relating to waiver, prior actions or appeals, and grievances, as set forth in section 2969.25 and 2969.26 of the Revised Code, that were materially false, is subject to loss of certain privileges and or extra work duty.

(B) If a court issues such a written finding and forwards it to the appropriate institution for further action, the warden or designee shall, within a reasonable time, impose upon that inmate, one or more of the following sanctions:

(1) Extra work duty, without compensation, for not more than sixty days;

(2) The loss of commissary privileges for not more than sixty days;

(3) The loss of television privileges for not more than sixty days;

(4) The loss of radio privileges for not more than sixty days;

(5) The loss of recreational activity privileges for not more than sixty days;

(6) The loss of sundry package privileges for one time in any calendar year.

(C) The inmate shall receive written notice of the wardens or designees sanction(s) along with a copy of the courts finding. Department employees are not required to grant the inmate any further process.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Rule 5120-9-49 | Public records.
 

(A) A "record" means any item that is kept by the department of rehabilitation and correction (department) that:

(1) Is stored on a fixed medium,

(2) Is created, received by, or coming under the jurisdiction of a public office; and

(3) Documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department

(B) "Public record" means records kept by the department unless exempted by any provision of the Ohio Revised Code or other binding legal authorities. The records of the department that shall be deemed public records include, but are not limited to, the following:

(1) Rules of general applicability and procedure (i.e., rules of the Ohio Administrative Code) and statements of general policy (i.e., department policies exclusive of security).

(2) Charges and decisions in inmate disciplinary cases.

(3) Non-security related manuals and instructions.

(4) Determinations, orders and minutes made by the adult parole authority, including the parole board, resulting from any hearing required by law or Chapter 5120:1-1 of the Administrative Code.

(C) The following documents are not public records:

(1) Records, the release of which is prohibited by state law (e.g., all records referred to in section 5120.21 of the Revised Code, attorney-client privilege, attorney work product, and trade secrets) or federal law. See division (A)(1)(v) of section 149.43 of the Revised Code.

(2) Medical records that pertain to the medical history, diagnosis, prognosis, or medical condition of an inmate and that is generated and maintained in the process of medical treatment. "Medical records" does not include any document relating to birth, deaths, and the fact of admission to or discharge from a hospital. See divisions (A)(1)(a) and (A)(3) of section 149.43 of the Revised Code. However, pursuant to division (C) of section 5120.21 of the Revised Code, inmate medical and mental health records may be released, once every twelve months, if the inmate or former inmate to whom the record pertains, signs a written request designating a licensed attorney or licensed physician to receive the records and the designee signs on letterhead a request for the records. The executor or designated administrator of a deceased inmate's estate may request that inmate's medical records along with a designated attorney or physician.

(3) Recovery services files and information that would identify an offender or employee receiving alcohol and/or drug treatment. See section 5119.27 of the Revised Code.

(4) Information provided to the office of victim services by a victim of crime or a victim representative designated under section 2930.02 of the Revised Code for the purpose of program participation, of receiving services, or to communicate acts of an inmate or person under the supervision of the adult parole authority that threaten the safety and security of the victim. See section 5120.60 of the Revised Code.

(5) Residential and familial information of parole officers and correctional employees. See division (A)(7) of section 149.43 of the Revised Code.

(a) Under this rule, "correctional employee" means any department employee who in the course of performing job duties has or has had contact with inmates or persons under supervision. Under this rule, "residential and familial information" means any information that discloses any of the following about a correctional employee or a parole officer:

(i) Residential street address (the state and political subdivision are a public record).

(ii) Information that is compiled from referral to or participation in an employee assistance program.

(iii) Social security number.

(iv) Residential and emergency telephone numbers.

(v) Numbers of bank accounts (e.g., direct deposits) and debit, charge, and credit cards.

(vi) Medical information.

(vii) The name of any beneficiary of employment benefits (e.g., life insurance).

(viii) The identity and amount of any charitable or employment benefit deduction (e.g., insurance for health, dental, vision, life, and disability, union dues, and leave donation).

(ix) Name, residential address, employer name and address, social security number, residential or emergency telephone numbers, numbers of bank accounts and debit, charge, and credit cards of the spouse, former spouse, or children.

(b) A journalist may obtain the residential street address of a correctional employee or parole officer, as well as the name and address of that person's spouse, former spouse, or children, if employed by a public office. See division (B)(9) of section 149.43 of the Revised Code. To obtain this information, the journalist must submit a written request, which includes the journalist's name and title, the employer's name and address, and a statement that release of the information is in the public interest.

(c) For a department employee that does not meet the definitions of correctional employee or parole officer, their home address may not be a public record. The analysis is whether the address is a "record," in that it documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department. For example, if a department employee is required to live in a certain area as a condition of employment, the portion of the home address that documents compliance with that condition is a record. If the address is kept by the department for administrative convenience, it is not a record.

(6) Infrastructure records. An "infrastructure record" means any record that discloses the configuration of the department's critical systems, such as its communications, computer, electrical, mechanical, ventilation, water, plumbing, or security systems. Infrastructure records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. Simple floor plans or records showing the spatial relationship components of the public office are not infrastructure records. See section 149.433 of the Revised Code. However, pursuant to section 5120.21 of the Revised Code, architectural, engineering, or construction diagrams, drawings, or plans of a correctional institution are not public records.

(7) Security records. A "security record" means any record that contains information directly used for protecting or maintaining the security of the department against attack, interference, sabotage, or to prevent, mitigate, or respond to acts of terrorism. Security records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. See section 149.433 of the Revised Code.

(8) Criminal history "rap sheets" obtained from the federal national crime information center system or through the state law enforcement automated data system. Also, records from the bureau of criminal identification and investigation. See section 3789(g) of 42 U.S.C. as amended January 5, 2006 and section 109.57 of the Revised Code.

(9) Federal, state, and municipal income tax returns and social security numbers contained in personnel files. See section 6103 of 26 U.S.C. as amended July 2, 2010 and section 5703.21 and 718.13 of the Revised Code.

(10) Public employee retirement system personal history information. See section 3307.20 of the Revised Code.

(11) Records of open internal equal employment opportunity investigations are confidential law enforcement investigatory records under division (A)(1)(h) of section 149.43 of the Revised Code, if conducted pursuant to Chapter 123:1-49 of the Administrative Code.

(12) Information contained in a certain employment record if the department employee whose information is recorded therein can demonstrate a high potential for victimization or a substantial risk of bodily harm or death from the release of such record.

(13) Pursuant to division (A)(2) of section 149.43 of the Revised Code, confidential law enforcement investigatory records pertaining to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature to the extent that the release of the record would create a high probability of disclosure of any of the following:

(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised.

(b) Specific confidential investigation techniques or procedures or specific investigatory work product.

(c) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.

(d) Information provided by an information source or witness to whom confidentially has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity.

(14) Personal information listed online (i.e., numbers for federal tax identification, social security, driver's license, state identification, and accounts for checking, savings, and credit cards) must be redacted upon a person's request pursuant to section 149.45 of the Revised Code.

(15) Records maintained by the department of youth services pertaining to children in its custody, that are released to the department for the limited purpose of carrying out the duties of the department. See division (A)(1)(l) of section 149.43 and section 5139.05 of the Revised Code.

(16) Reports of a pre-sentence investigation and an offender background investigation. The department may disclose, in a confidential manner, any such report to courts, law enforcement agencies, community-based correctional facilities, halfway houses, and medical, mental health, and substance abuse providers. Prior to such disclosure, the department shall redact the victim impact section and any information identifying a witness. See section 2951.03 of the Revised Code.

(17) Education records without student consent. School transcripts, attendance records, or other individually identifiable student records. See section 3319.321 of the Revised Code.

(18) Certain records that identify an inmate or former inmate concerning transfer of mentally ill or mentally retarded inmates from a department correctional institution to a psychiatric hospital. See section 5120.17 of the Revised Code.

(19) Department quality assurance records. See section 5120.211 of the Revised Code.

(20) Inmate records released by the department to the department of youth services or a court pursuant to division (E) of section 5120.21 of the Revised Code. See division (A)(1)(k) of section 149.43 of the Revised Code.

(D) Upon request from a representative of an approved news media organization or a private citizen, the following non-public information about an inmate, parolee, probationer or other releasee may be made available upon the prior approval from the department's bureau of communication or from the appropriate managing officer:

(1) Name and number.

(2) Age and date of birth.

(3) Race and sex.

(4) Physical description.

(5) Admission date.

(6) Sentencing entry.

(7) Prison transfers (i.e., dates and locations only).

(8) Outside court actions regarding confinement and release.

(9) Institutional work assignments.

(10) Security level.

(11) Prior department incarceration.

(12) Release eligibility and supervision history (i.e., date and type).

(13) Time at large (i.e., absconded or escaped).

(14) Death. The identity of a deceased inmate shall be withheld until next-of-kin have been notified or twenty-four hours following death, whichever occurs first.

(E) Rule 5120:1-1-36 of the Administrative Code lists certain non-public parole board records which may be disclosed, according to the procedures established in that rule, to the following representatives:

(1) Approved news media organizations.

(2) Government officials.

(3) Victims of any offense of commitment or a subsequent parole violation.

(4) An attorney designated by the victim or the inmate.

(F) The department must organize and maintain its records so that they can be made available in response to public requests. On receiving a public records request for specific, existing records, the department must provide prompt inspection at no cost during regular business hours, or provide copies at actual cost within a reasonable period of time, if requested. The department may withhold or redact specific records which are covered by an exception to the Public Records Act, but is required to give the requester an explanation and legal authority. If a requester makes an ambiguous or overly broad request, or the department believes that asking for, but not requiring, the request in writing, or for the requester's identity, or for the intended use of the requested information would benefit the requester by enhancing the ability of the department to provide the records, the Public Records Act provides for negotiation to help identify, locate, and deliver the requested records. In addition to denials justified by exceptions to the Public Records Act, the department may deny a request in the extreme circumstance where compliance would unreasonably interfere with the discharge of the department's duties.

(G) Non-public records of the department may, in the sole discretion of the director, or designee, be made available to counsel of record of an inmate or releasee, researchers, law enforcement agencies, or other persons with a need for access to such documents, subject to other restrictions on such access as may be provided by law.

Last updated March 24, 2023 at 10:51 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 149.43, 5120.21, 5120.60, 149.433, 109.57, 2930.02, 3307.20, 3793.13, 5703.21, 718.13, 149.45, 5139.05, 2951.03, 5120.17, 3319.321, 5120.211
Five Year Review Date: 1/15/2026
Prior Effective Dates: 9/15/2010
Rule 5120-9-50 | Escorted inmate release for deathbed or private funeral home visit.
 

(A) As used in this rule:

(1) "Felony Commitment" means an admission to an adult correctional institution of this or any other state, or the United States to serve a prison term for one or more felony offenses.

(2) "Crime of an assaultive nature" means an offense in which the inmate caused or attempted to cause actual physical to a person.

(B) Inmates who are not likely to pose a threat to the public safety and who are statutorily eligible pursuant to division (C) of section 2967.27 of the Revised Code may, at the discretion and professional judgment of the warden, be permitted an escorted visit for the specific purpose of visiting a dying relative or attending a private viewing of a deceased relative.

(C) An inmate is statutorily ineligible if:

(1) The inmate has a record of more than two felony commitments (including the present charge). This means the inmate must not be serving his third or greater commitment at the time of the requested visit; or,

(2) The inmate has a record of two or more felony commitments (including the present charge) for a crime of an assaultive nature.

(D) For the purposes of this rule the sick or deceased relative must not be more distant than spouse, child, step-child, parent, step-parent, sibling, step- or half-sibling, grandparent or other person who has, in effect, been in such a relationship with the inmate.

(E) Wardens shall permit such inmate releases only upon receipt of information which verifies the relationship of the relative, and in cases of bedside visits, that the relative is in imminent danger of death. In cases of private funeral viewing the warden shall also verify the death of said relative.

(F) In determining the inmate's likelihood of posing a threat to the public safety the warden may consider all information available, including but not limited to the inmate's security level, any pending detainers, time remaining on the sentence(s) being served or until the inmate goes to the parole board, the inmate's security threat group affiliation, notoriety of the offense, in cases of a deceased relative, the cause of death of the deceased, the emotional stability of the inmate, the inmate's institutional adjustment, and any history of escape, attempted escape and/or absconding from any type of supervision such as probation or parole.

(G) Prior to approving an escorted bedside visit or private viewing the warden shall notify the department's office of victims' services so that the office may provide assistance to any victim or victims of the offense committed by the inmate and to members of the family of the victim.

(H) No escorted visits shall be permitted outside of the state of Ohio. The inmate and/or family of the inmate shall bear responsibility for the cost of escorting the inmate to the bedside or private funeral viewing. The cost shall be determined by the mileage for the trip, based on the current mileage compensation established by the department of administrative services for state agencies. Staff compensation shall not be a part of the cost. During the escort the inmate shall remain under the constant supervision of an employee of the department. The transporting employees are authorized to terminate the trip at any time if they determine that the security or safety of themselves, the public or the inmate cannot be maintained.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 5120.01, 2967.27
Amplifies: 2967.27
Five Year Review Date: 1/10/2025
Prior Effective Dates: 12/31/1976
Rule 5120-9-51 | Internet access for incarcerated individuals.
 

(A) Incarcerated individuals may only access the internet for a use or purpose approved by the director or designee. Access will be limited in accordance with this chapter and will be monitored. Criteria by which incarcerated individuals may be screened and approved for access or training involving the internet shall include the following:

(1) Incarcerated individuals are eligible to access the internet only to the extent that internet access is necessary to engage in an approved use or purpose.

(2) The incarcerated individual's current offense of commitment and past criminal conduct may be taken into consideration when determining whether an individual may be eligible for internet access under this rule.

(3) The Ohio central school system superintendent, or designee, in consultation with the department of rehabilitation and correction (DRC) chief of the office of information technology (OIT) or a designee, and the deputy director of operations, or designee, shall have the discretion to deny access to the internet to incarcerated individuals based upon security concerns or the institutional behavior of the inmate individual on a case by case basis. Relevant subject matter experts may be consulted in making this determination.

(B) Only pre-approved internet sites will be accessible to incarcerated individuals.

(C) Designation of the authority to approve internet sites for authorized use: The Ohio central school system superintendent shall lead and designate a committee comprised of subject matter experts to serve as the designated authority for the pre-approval of internet sites for authorized use. One of the members of the committee must be a representative of the DRC OIT, chosen by the DRC chief of OIT. The committee will confer and recommend internet sites for the superintendent to pre-approve.

(D) A process for the periodic review of the operation of the system, including users of the system and the internet sites accessed by the system: the DRC chief of OIT, or designee, shall also be responsible for periodic review of the operation of the system, including users of the system and sites accessed by the system. The chief of OIT, or designee, shall utilize available technology and/or services to ensure that access to the internet by incarcerated individuals is monitored and is restricted only to those sites pre-approved under this rule.

(E) Sanctions that must be imposed against incarcerated individuals and staff members who violate department rules governing access to the internet:

(1) Any staff member, contractor, or volunteer who permits or assists in unauthorized access to the internet by an incarcerated individual may be subject to appropriate disciplinary measures for conduct in violation of this rule, and may be subject to prosecution under section 2921.44 of the Revised Code.

(2) Incarcerated individuals who violate this rule may be found to have violated one or more of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code and may be subjected to an appropriate penalty as set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code.

(3) Incarcerated individuals in a correctional institution under the control of the department of rehabilitation and correction may also be subject to prosecution under division (C)(2) of section 5145.31 of the Revised Code. Incarcerated individuals in a private correctional facility, as defined in section 9.06 or 9.07 of the Revised Code, are subject to prosecution under division (C)(2) of section 9.08 of the Revised Code.

Last updated January 18, 2022 at 8:28 AM

Supplemental Information

Authorized By: 5120.01, 5120.62
Amplifies: 5120.62
Five Year Review Date: 1/22/2026
Prior Effective Dates: 11/1/2000
Rule 5120-9-52 | Initial classification of inmates.
 

(A) The director shall designate one or more institutions as centers for the reception and classification of inmates received by the department.

(B) Classification shall include assigning the inmate to appropriate security and supervision levels, as well as determining programming needs to assist in the reentry of the inmate into the community. The director or designee shall establish standard admission procedures.

(C) The reception centers shall forward copies of all recommendations, reports, evaluations and other relevant information on an inmate to the bureau of classification. After a review of the available records the bureau of classification shall designate a security level of 1, 2, 3, 4 or E and assign the inmate to an appropriate institution. Factors to be considered in designating an inmate's initial security level and institution assignment shall include but not be limited to the following:

(1) Nature or seriousness of the offense for which the inmate was committed;

(2) Length of sentence for which the inmate was committed;

(3) Medical and mental health status;

(4) Previous experience while on parole, furlough, probation, post release control, administrative release or while under any other form of correctional supervision.

(5) Nature of prior criminal conduct as shown by the official record;

(6) Age of inmate;

(7) Potential for escape;

(8) Potential of danger to the inmate, other inmates, staff, or the community through the inmate's actions or actions of others;

(9) Availability of housing, work, and programming at the various institutions;

(10) The physical facilities of an institution;

(11) Any other relevant information contained in the reports.

(D) The bureau of classification will, within the limits of the available resources, attempt to assign the inmate to an institution most compatible with his security and programming needs. The bureau shall forward a copy of the inmate's designated security level and institution assignment to the reception center. The reception center shall notify the inmate and advise the inmate that they may request in writing to the chief of the bureau of classification reconsideration of their security level and/or institution assignment. Such request shall be on a form designated for that purpose and state in detail the reasons supporting the request.

(E) During the period an inmate is incarcerated at a reception center, the inmate shall be given a temporary security level of level 3R, which will remain in effect until the bureau of classification makes the security level and institution assignment and the appropriate transfer has been completed.

(F) The inmate's initial security level and institution assignment are subject to change either while the inmate is at the reception center or at the assigned institution, whenever additional documentation or information becomes available that would impact such assignments. Absent the receipt of any new information that would impact the inmate's initial assignment, security level and institution assignment shall not be modified except pursuant to rules 5120-9-21 and 5120-9-53 of the Administrative Code.

(G) Inmates may be assigned to an institution of a higher security level than the security level of the inmate due to program or institutional requirements. However, the security status of the institution to which the inmate is assigned shall not, alone, determine the security level of the inmate.

(H) All reports, documents, and materials completed during the reception and initial classification process shall become a permanent part of the inmate's files.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.11, 5120.16
Five Year Review Date: 1/15/2025
Prior Effective Dates: 1/1/1983
Rule 5120-9-53 | Classification committees.
 

(A) Each institution shall establish and maintain a classification committee(s). The committee shall include a unit manager or designee, and other members as appointed by the unit manager. The classification committee shall have jurisdiction over annual and special security level reviews, work assignments, community release screening, transfer requests, and program placement.

(B) Prior to a hearing of the classification committee the inmate shall be provided with notice no less than forty-eight hours prior, unless waived by the inmate. This notice shall inform the inmate of the purpose of the hearing, that the inmate may make or submit a written statement if the inmate chooses, and that the inmate has the right to meet with at least one member of the committee. This notice shall be on a form designated for that purpose.

(C) During a classification hearing the committee shall review and consider the inmate's needs, including programming needs reflected in the inmate's reentry accountability plan, evaluate placement and progress, security and any other relevant matters. Each inmate shall have a classification hearing no less than annually.

(D) After the classification committee hearing, the committee shall make a written summary of the hearing, including their recommendation and reasons for such recommendation and forward this to the warden or designee. The inmate shall be promptly notified of the recommendation of the committee and of the right to appeal the recommendation to the warden or designee. The notice to the inmate shall be on a form designated for that purpose. The warden or designee shall approve or disapprove the recommendation or make an alternative recommendation or decision. The warden's decision shall be communicated in writing to the inmate. Security level reviews and transfer request decisions may further be appealed to the bureau of classification.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 5120.01
Amplifies: 5120.11, 5120.16.
Five Year Review Date: 1/10/2025
Prior Effective Dates: 7/18/1983, 9/4/1984
Rule 5120-9-55 | Contraband.
 

(A) There shall be two classes of contraband as defined in this rule. Contraband is classified as "major" or "minor" contraband. This distinction shall determine the method or manner of disposition of such contraband.

(1) "Major contraband," as used in this rule, refers to items possessed by an inmate which, by their nature, use, or intended use, pose a threat to security or safety of inmates, staff or public, or disrupt the orderly operation of the facility. Major contraband also includes any material related to unauthorized group activity that is found in the possession of an inmate. Any items referred to in section 2921.36 of the Revised Code are considered major contraband, including deadly weapons or dangerous ordnance, drugs of abuse, intoxicating liquor and cash.

(2) "Minor contraband," as used in this rule, refers to items possessed by an inmate without permission and:

(a) The location in which these items are discovered is improper; or

(b) The quantities in which an allowable item is possessed is prohibited; or

(c) The manner or method by which the item is obtained was improper; or

(d) An allowable item is possessed by an inmate in an altered form or condition.

(B) Any staff member who confiscates contraband from an inmate shall enter the fact of such confiscation on a log designed for such a purpose, specifying the date of the confiscation, the person or inmate from whose possession the contraband was taken, if known, and a brief description of the contraband.

(C) Disposition of contraband: any item considered contraband under this rule may be confiscated.

(1) Minor contraband.

(a) When appropriate, such items should be returned to their proper locations or to their original owners. However, if the item came into the inmate's possession through a violation of the rules by the original owner, such item should not be returned to the owner, if the original owner is an inmate.

(b) Minor contraband received in the mail may be returned to the sender if the inmate agrees to pay postage costs.

(c) Minor contraband, valued at one hundred dollars or less, may, thirty days after confiscation, be destroyed, donated, utilized by the institution for training or other official purposes, or utilized in non-monetary offers to compromise in accordance with rule 5120-9-32 of the Administrative Code, by the order of the warden when the institution has attempted to contact or identify the owner of the personal property and those attempts have been unsuccessful or the inmate who owns the personal property agrees in writing to the disposal of the property in question.

(d) Minor contraband, valued at over one hundred dollars, which cannot be returned to the original owner if either an inmate or unknown and cannot be returned to sender, may, upon the issuance of an order of forfeiture by the court of common pleas in the county in which the institution is located, be destroyed or utilized by the institution for training or other official purposes, sold at public auction, or utilized in non-monetary offers to compromise in accordance with rule 5120-9-32 of the Administrative Code. The warden may file a petition for forfeiture with the court, asking the order be issued, with an attached list of the property involved and a brief statement why the property cannot be returned. Each institution shall record the manner in which the contraband was disposed. In the event a court of common pleas issues an order that forfeited contraband be sold at public auction, the institution shall deposit any money received in the inmates' industrial and entertainment fund and record the date of disposition, the amount the forfeited contraband was sold for, and the name of any person who purchased the forfeited contraband at public auction.

(2) Major contraband.

(a) When criminal prosecution or disciplinary action is contemplated with respect to the contraband, it is locked in a secure area designated for contraband or turned over to local or state law enforcement authorities. Institutional personnel will minimize any handling of such items until turned over to law enforcement authorities.

(b) When such items are no longer needed for disciplinary or criminal action, they are disposed of in accordance with the provisions of this rule.

(3) Contraband such as rings, watches, and personal entertainment devices are stored in a secure place. Reasonable attempts should be made to return such items to their rightful owner if an inmate, or sent to the inmate's home at the inmate's expense. Contraband obtained in violation of the rules of the Administrative Code is subject to confiscation. If valuable contraband cannot be returned to the rightful owner, the warden may initiate forfeiture consistent with this rule.

(4) Confiscated money is processed in accordance with rule 5120-5-08 of the Administrative Code.

Last updated July 1, 2024 at 4:29 PM

Supplemental Information

Authorized By: 5120.01, 2981.11
Amplifies: 2981.11
Five Year Review Date: 1/17/2029
Prior Effective Dates: 5/5/2005, 9/7/2015
Rule 5120-9-57 | Prison nursery program and infants born during confinement.
 

(A) The "prison nursery program" is a program of the department of rehabilitation and correction that permits certain incarcerated women and the children born to them while incarcerated to reside together while the mother serves her sentence.

(B) Pregnant inmates received into the department of rehabilitation and correction may apply to participate in the prison nursery program.

(C) An inmate may be eligible to participate in the program if:

(1) She is pregnant at the time she is delivered into the custody of the department of rehabilitation and correction,

(2) She is subject to a prison term of not more than thirty-six months,

(3) She has never been convicted of a violent crime or any type of child abuse, or child endangerment,

(4) She and her child meet established medical and mental health criteria,

(5) She is the legal custodian of the child,

(6) No one else has been granted custody or shared parenting privileges, and

(7) She meets any other criteria established by the department of rehabilitation and correction.

(D) In order to participate, each eligible inmate selected for the program must sign an agreement to the conditions of participation. Each inmate must agree to do all of the following:

(1) Comply with any programmatic requirements established by the department such as child development, parenting skills, education, domestic violence counseling, job or vocational counseling, and alcohol or other drug counseling.

(2) If eligible, have the child participate in the medicaid program or a health insurance program.

(3) Accept the normal risks of child-rearing.

(4) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child.

(5) Assign to the department any rights to child support from any person or governmental entity in accordance with sections 5120.652 and 5120.654 of the Revised Code.

(E) In the event the inmate's participation in the program is terminated before release, each inmate selected for the program shall specify with whom the child should be placed pending approval of the department of job and family services. The process is described in this rule and rule 5101:2-42-60 of the Administrative Code.

(F) The inmate's participation in the program may be terminated at the sole discretion of the department if:

(1) The inmate fails to comply with the conditions of participation agreement entered into under division (A) of section 5120.652 of the Revised Code.

(2) Either the inmate or child becomes seriously ill, cannot meet medical criteria established for the program by the department of rehabilitation and correction, or otherwise cannot safely participate in the program.

(3) A court issues an order that designates a person other than the inmate as the child's residential parent and legal custodian.

(4) A juvenile court, in an action brought pursuant to division (A)(2) of section 2151.23 of the Revised Code, grants custody of the child to a person other than the inmate.

(5) An order is issued pursuant to section 3109.04 of the Revised Code granting shared parenting of the child.

(6) An order of disposition regarding the child is issued pursuant to division (A)(2), (A)(3), or (A)(4) of section 2151.353 of the Revised Code granting temporary, permanent, or legal custody of the child to a person, other than the inmate, or a public children services agency or private child placing agency.

(7) The inmate is released from imprisonment.

(G) The department shall establish a nursery advisory board to advise the department concerning the prison nursery program.

(H) The managing officer of each institution in which a prison nursery program is established shall:

(1) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program. This fund shall be maintained as a part of the industrial and entertainment fund as referenced in section 5120.131 of the Revised Code. Funds so maintained may be expended on general program expenses for the benefit of all participants in the program. Records of this fund shall be kept to allow accounting of the amounts deposited in and spent from the prison nursery program fund.

(2) Create and maintain an individual nursery account for each inmate participating in the prison nursery program to help pay for the support provided to the inmate and child pursuant to the program. Such funds shall be received and maintained in the inmate's personal account as referenced in section 5120.13 of the Revised Code. Such funds may be expended by the inmate at her discretion for any allowable expense.

(I) For all infants born to inmates who are ineligible for the prison nursery program, Ohio children services boards or county departments of human services which have assumed the administration of children services functions prescribed by Chapter 5153. of the Revised Code are responsible for investigating and recommending placement arrangements or arranging placements for infants born to inmates. The rules governing these functions are promulgated by the Ohio department of job and family services (rules 5101:2-42-60 and 5101:2-42-61 of the Administrative Code).

(J) Each institution under the jurisdiction of the director of the department of rehabilitation and correction in which female inmates are housed shall establish procedures for providing assistance in the placement of infants who are born to inmates ineligible for the prison nursery program. Such procedures shall include provisions for the coordination of services with hospitals and state and local children services agencies.

(K) Each institution shall comply with the following procedures:

(1) Each inmate shall receive a medical examination during the admissions process, and the examiner shall note observed symptoms of pregnancy or statements by the inmate concerning her pregnancy and the expected delivery date.

(2) An institutional case manager/parenting coordinator shall be notified as soon as practical of the inmate's pregnancy and her expected delivery date. If it is possible that the inmate will remain incarcerated as of the expected delivery date, the case manager/parenting coordinator shall interview the inmate to determine:

(a) The state and county of residence at the time that the inmate was sentenced to confinement in the department; and

(b) The county(s) having jurisdiction of the criminal case in which the inmate was convicted and sentenced to the department; and

(c) The inmate's preferred plan concerning the placement of the infant (relatives, friends, public or private agency, etc.).

(3) The case manager/parenting coordinator shall, as soon as practical thereafter, notify the public childrens services agency in the Ohio county in which the inmate was a resident at the time she was sentenced and provide the following information to the agency:

(a) Name of inmate;

(b) Social security number;

(c) Prior address;

(d) Committing county;

(e) Name and address of child's father;

(f) Financial resources (self/spouse/parents);

(g) Parole hearing date or release date of inmate;

(h) Expected delivery date;

(i) Baby placement choice and alternative placement;

(j) Name and phone number of referring case manager/parenting coordinator; and

(k) Return address of institution.

In the event that the inmate was not an Ohio resident at the time that she was sentenced, the case manager/parenting coordinator shall provide the same notification to the public childrens services agency in the county having jurisdiction of the case in which the inmate was last convicted and sentenced.

(4) The case manager/parenting coordinator will inform the inmate of the approval or rejection by the responsible childrens services agency of the inmate's placement plan. The case manager/parenting coordinator will immediately inform the responsible agency of any change in circumstances reported by the inmate. All communications with the responsible agency will be documented.

(5) When ordered by the department's medical staff, the inmate shall be transferred to a hospital designated by the department. The case manager/parenting coordinator or other person designated by the managing officer of the institution shall notify the hospital of the agency identified in paragraph (K)(3) of this rule and shall take such other action necessary to effectuate the purpose of this rule.

(6) In the event that the agency identified in paragraph (K)(3) of this rule communicates its inability to assume custody and care of an infant, the case manager/parenting coordinator shall request intervention by the public childrens services agency in the county in which the child is hospitalized.

Last updated January 6, 2023 at 8:38 AM

Supplemental Information

Authorized By: 5120.657
Amplifies: 5120.65 to 5120.657
Five Year Review Date: 1/8/2027
Rule 5120-9-58 | Acquired immune deficiency syndrome.
 

(A) In conjunction with the Ohio department of health, the department of rehabilitation and correction shall conduct human immunodeficiency virus (hereafter "HIV") testing on all inmates upon admission.

(B) Testing for HIV at other times can be required of an inmate when ordered by a judge of appropriate jurisdiction or when the head of the institution has determined, based on good cause, that a test is necessary.

(C) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to institution or department staff members or contractors. Such disclosure shall only be made to staff and contractors who have a medical need to know and who are participating in the diagnosis, care or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition. Disclosure shall be made consistent with the appropriate protocol developed as required by division (B)(3) of section 3701.243 of the Revised Code.

(D) Inmates who have tested positive for the HIV virus or who have been diagnosed as having AIDS or an AIDS-related condition shall be assigned to such housing within the department of rehabilitation and correction as meets the medical and security needs of the inmate.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 2907.27, 3701.242, 3701.243, 5120.01, 5120.16
Amplifies: 2907.27, 3701.242, 3701.243, 5120.16
Five Year Review Date: 1/10/2025
Prior Effective Dates: 2/12/1990
Rule 5120-9-60 | Schedule of health care services.
 

(A) The department of rehabilitation and correction shall provide health care to incarcerated offenders under its custody based upon individual assessment of their medical needs in accordance with the best use of available resources and recognized correctional health care standards. All care that is deemed medically necessary by departmental physicians shall be provided, with an emphasis on preventive care and with priority given to ongoing care of disease-specific, serious medical conditions. The health care services described in this rule are available only to offenders incarcerated in a department correctional institution.

(B) The term "medically necessary" as used in this rule means care without which the offender could not be maintained without significant risk of loss of life, loss of limb or significant bodily function. It also includes care without which one could expect significant pain or discomfort, further serious deterioration of the offender's medical status and/or a significant reduction in the chance of successful repair after release.

(C) Inmates incarcerated in a correctional institution operated by the department of rehabilitation and correction may expect the following health care services:

(1) Admission health evaluation

(a) Comprehensive baseline health history including inquiry into:

(i) Current illnesses and health problems;

(ii) Dental problems;

(iii) Mental health problems, including suicide assessment;

(iv) Substance abuse history;

(v) Past and present treatment or hospitalization for mental health disturbances or suicide;

(vi) Screening for past or present infectious diseases, including tuberculosis;

(vii) Possibility of pregnancy (if applicable);

(viii) Any other health problems reported by the inmate.

(b) Comprehensive physical examination including:

(i) Examination by a physician or other advanced level health care provider;

(ii) Baseline lab work;

(iii) Screening for sexually transmitted diseases, as mandated;

(iv) Pregnancy test (females only);

(v) Other lab work deemed necessary by the physician or advanced level health care provider.

(c) Immunizations as medically necessary.

(d) Baseline dental examination including:

(i) Baseline dental screening;

(ii) Dental x-rays as indicated.

(e) Assignment of a medical classification based on the comprehensive history and physical examination.

(f) Institution assignment based on the determined medical classification.

(g) Orientation to prison health care system.

(2) Routine care:

(a) Unimpeded access to nursing and medical services through nursing sick call and medical sick call.

(b) Chronic care clinics. Care includes regular follow-up based on disease and symptom control:

(i) Cardiovascular;

(ii) Hypertension;

(iii) Diabetes;

(iv) Tuberculosis;

(v) HIV;

(vi) Pulmonary;

(vii) Seizure disorders;

(viii) Chronic liver disease, including hepatitis C;

(ix) Other chronic medical diseases as deemed necessary by the physician.

(3) Offer of regular physical examination:

(a) For all inmates over fifty years old, annual physical examinations to include:

(i) Complete vital signs;

(ii) Cancer screening tests as medically indicated;

(iii) Lab work as indicated;

(iv) Optometry examination as indicated;

(v) Dental examination as indicated;

(vi) Immunizations, offered as medically indicated;

(vii) Pelvic examination, pap smear and breast exam for all women;

(viii) Mammogram annually according to united states prevention services task force grade A and B recommendations;

(ix) Testicular examination according to united states prevention services task force grade A and B recommendations;

(x) Digital rectal examination.

(b) For all inmates between the ages of forty and fifty, physical examinations every two years, to include:

(i) Optometry examination as indicated;

(ii) Dental examination as indicated;

(iii) Immunizations, offered as medically indicated;

(iv) Breast examination for females according to united states prevention services task force grade A and B recommendations;

(v) Mammograms for women according to united states prevention services task force grade A and B recommendations;

(vi) Testicular examination for men according to united states prevention services task force grade A and B recommendations;

(vii) Cancer screening tests as medically indicated.

(c) For all inmates under the age of forty, a physical examination as indicated, to include all procedures listed above for inmates between the ages of forty and fifty.

(4) Nurse's sick call, which includes:

(a) Nursing assessment;

(b) Patient education, specific to disease or condition;

(c) Referral to advanced health provider, mental health services or dietary services, as indicated.

(5) Medical sick call - by a physician or other advanced health care provider.

(a) Primary care;

(b) Chronic care clinics as outlined above;

(c) Referral for specialty consultation as deemed necessary by the provider.

(6) Mental health services:

(a) Mental health screening upon admission;

(b) Full mental health evaluation, as indicated;

(c) Crisis care;

(d) Suicide prevention services;

(e) Individual and group psychotherapy, as indicated;

(f) Mental health programming, as indicated;

(g) Residential treatment facilities when necessary;

(h) Psychiatric hospitalization, when necessary;

(i) Residential MR/DD services when necessary.

(7) Dietary services:

(a) Nutritional assessment when indicated;

(b) Customized diet plan, as ordered by a physician when medically necessary;

(c) Disease specific dietary counseling.

(8) Pharmacy services:

(a) Prescription medication provided as medically indicated, per a restricted formulary.

(b) Off formulary medications approved when medically necessary.

(c) Instructions regarding prescribed medications provided as indicated.

(9) Dental services:

(a) Admission screening;

(b) Routine dental services (restorations, extractions);

(c) Emergency dental services (for acute infection, broken teeth, fractures);

(d) Specialty dental services as deemed necessary by primary care dentist;

(i) Removable prosthodontics (dentures);

(ii) Oral surgery (for impacted teeth, pathology, and other medically necessary procedures);

(iii) Periodontal services as medically necessary.

(10) Infectious disease prevention and treatment:

(a) Screening, testing, treatment and follow-up as indicated for tuberculosis, sexually transmitted diseases, HIV, hepatitis and other infectious diseases.

(b) Infectious disease educational programming, with an emphasis on prevention.

(11) Optometry services:

(a) Optometric examination as indicated and eyeglasses as needed.

(b) Glaucoma screening as indicated.

(12) Podiatry services:

(a) Diabetic foot exams annually and treatment as needed.

(b) Orthotics when medically indicated.

(13) Dialysis services.

(14) Pregnancy management:

(a) Prenatal services;

(b) Nursery program if deemed appropriate;

(c) Delivery services at Ohio state university hospital.

(15) Audiograms and hearing aids as medically indicated.

(16) Physical therapy and/or mobility aids, as medically indicated:

(17) Specialty physician consultations as medically indicated for specific disease processes.

(18) Surgeries and treatments:

(a) Procedures or treatments approved when necessary to:

(i) Preserve life or limb;

(ii) Prevent further serious deterioration or significant reduction of the chance of possible repair after release;

(iii) Alleviate significant pain or discomfort.

(b) Procedures or treatments of an elective nature are subject to review and prior approval on a case-by-case basis.

(c) Procedures or treatments that are only marginally effective will be considered only after careful review of the procedure's effectiveness, alternatives, risks, the severity of the inmate's illness, the cost of the procedure and the likelihood of recovery.

(d) Procedures or treatments of a purely cosmetic nature will not be approved.

(e) Procedures or treatments generally considered to be experimental may be considered only after all conventional options have been exhausted and a human research review committee reviews the treatment or procedure proposed for that inmate.

(19) Prosthetic devices provided as medically indicated to support independent functioning.

(20) Primary and advanced diagnostic laboratory and x-ray services provided as necessary to support medically necessary care.

(21) Emergency services:

(a) First aid, nursing care and basic life support are provided on-site twenty-four hours a day by appropriately licensed medical staff.

(b) Transport to outside emergency care facilities provided as medically necessary.

(22) Acute inpatient and skilled nursing care:

(a) Hospital level of care at an accredited medical facility provided as medically necessary;

(b) Inpatient skilled nursing care and end-of-life care provided at the Franklin medical center;

(c) Intermediate inpatient and outpatient care provided at Frazier health center.

(23) Discharge planning services:

(a) Summary health care information available upon release to support continuity of care;

(b) Limited supply of essential medication provided on release from prison;

(c) Community linkage services provided for inmates with mental illness and, per department of health guidelines, certain infectious diseases.

(D) Preventive health care is encouraged and supported within department institutions. Each offender will be provided written and oral instruction regarding access to health care services, with an emphasis on preventive services available. preventive services include the following:

(1) Health care screenings:

(a) Screenings for infectious diseases and sexually transmitted diseases;

(b) Mental health screenings for suicide risk and mental illness.

(2) Immunizations as medically indicated.

(3) Age specific, routine physical examinations, inclusive of screenings for cancer as medically indicated.

(4) Tuberculosis surveillance program inclusive of intake and annual screening and follow-up, treatment as medically indicated, and medical isolations as necessary to prevent transmission.

(5) Chronic disease clinics inclusive of regularly scheduled evaluations, medication monitoring and disease specific patient education.

(6) Preventive patient education inclusive of, but not limited to, infectious disease prevention, smoking cessation and nutrition and dietary guidelines.

(7) Preventive dental services including instructions on dental hygiene, and routine scaling as time and resources permit.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 5120.01, 5120.58
Amplifies: 5120.58
Five Year Review Date: 1/10/2025
Rule 5120-9-61 | Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations.
 

(A) Nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to enter institutions under the control of the department for the purpose of providing reentry services to inmates shall be first registered with the department upon the approval of the director. For the purposes of this rule, reentry services may include, but are not limited to, counseling, housing, job-placement, and money-management assistance.

(B) For the purposes of registration with the department, the nonprofit organization shall submit a written application, in a form or manner as determined by the department, for the purposes of screening. The department shall post a department telephone number on the department's official internet web site that nonprofit organizations may call to obtain information. The submission shall include the following information:

(1) The name of the organization;

(2) The principal contact person for the organization;

(3) The mailing address for the organization;

(4) A statement regarding the organization's history, mission and objectives, and;

(5) A statement regarding what reentry services the organization can provide and how the organization will present these services within an institution.

(C) A nonprofit organization may be registered with the department to provide reentry services to inmates if it can demonstrate to the satisfaction of the department the following:

(1) A commitment to the principles of inmate reentry, with regard for the rights of victims and public safety;

(2) A willingness to comply with the department's administrative rules and policies regarding security, visitation, and volunteers in the institutions;

(3) The ability to consistently provide reentry services to the inmate population targeted, which will be identified through agreement with the department;

(4) A continuing commitment to provide reentry services in a manner that is professional, respectful of both inmates and department staff, and will not bring discredit to the department or the state of Ohio.

(D) The decision of the director regarding the registration of a nonprofit organization to provide reentry services is solely within the discretion of the director. The director may consider any factor the director deems relevant regarding the suitability of the organization to be registered to provide reentry services. The department may terminate the registration of a nonprofit organization if, in the judgment of the director, the organization has compromised the safety and security of an institution, failed to abide by the rules and policies of the department, or otherwise been found unsuitable to provide reentry services.

(E) The department shall maintain, on its internet web site, a list of all the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this rule. The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require an inmate to participate in a faith-based program.

Last updated March 24, 2023 at 10:52 AM

Supplemental Information

Authorized By: 5120.01, 5120.034
Amplifies: 5120.034
Five Year Review Date: 1/10/2025
Rule 5120-9-62 | Operation of the federal equitable sharing fund.
 

(A) For the purposes of this rule, the following terms shall have the following meanings:

(1) DAG-71 - the federal form application for the transfer of federally forfeited property.

(2) Equitable sharing account - a separate revenue account exclusively for the proceeds from the disposition of federally forfeited property, established pursuant to section 5120.70 of the Revised Code.

(3) Federally forfeited property - federally forfeited cash, property, the proceeds of federally forfeited property, and any interest earned on the equitable sharing account, which the federal government equitably-shares with the department of rehabilitation and correction.

(4) Proceeds of federally forfeited property - any payment in cash or in kind made to the department of rehabilitation and correction for the sale or transfer of federally forfeited property.

(B) Federally forfeited property and the proceeds of federally forfeited property shall be used only for law enforcement purposes and as a supplement to existing resources and revenue appropriated by the Ohio general assembly. Internal controls and auditing mechanisms shall account for the expenditure, transfer, or use of federally forfeited property or the proceeds of federally forfeited property.

(C) Expenditure, use, or transfer:

(1) The director or designee must authorize all uses, expenditures, and transfers of federally forfeited property or the proceeds of federally forfeited property. Federally forfeited property must be used for the specific intended law enforcement use stated on the DAG-71. The proceeds of federally forfeited property must be used for a law enforcement purpose in accordance with federal law. Federally forfeited property or the proceeds of federally forfeited property must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(2) The director or designee must authorize the expenditure or transfer of the interest generated on the equitable sharing revenue account. Interest must be used for only a law enforcement purpose in accordance with federal law. The expenditure or transfer of interest must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(3) Purchase orders must be issued in accordance with state law and current department of administrative services and department procedures to formally disburse deposited assets from the forfeiture revenue account.

(D) Sale or transfer of tangible federally forfeited property:

(1) Tangible assets must be used for two years from the date of transfer in accordance with the law enforcement purpose stated on the DAG-71, unless the asset becomes unsuitable for the law enforcement purpose.

(2) Upon expiration of the two year period, the director or designee may authorize the sale of the asset for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(3) When a tangible asset ceases to serve the law enforcement purpose for which it was requested, the department's deputy director of the office of administration shall sell it for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(E) The director or designee may authorize the expenditure of funds from the equitable sharing revenue account to pay for the costs of auditing and bookkeeping resulting from the equitable sharing of federally forfeited property.

Last updated March 24, 2023 at 10:53 AM

Supplemental Information

Authorized By: 5120.70
Amplifies: 5120.70
Five Year Review Date: 1/10/2025