(A) The term "Standards for Jails in
Ohio" refers to rules 5120:1-8-01 to 5120:1-12-19 of the Administrative
Code. The standards apply to county jails, municipal jails, regional jails and
workhouses. Each such facility falls within one of the following categories and
is subject to the standards identified within the definitions as applicable to
those categories:
(1) "Full service
jail": A local confinement facility used primarily to detain adults for
more than two hundred eighty-eight hours. The standards set forth in rules
5120:1-8-01 to 5120:1-8-18 of the Administrative Code apply to full service
jails.
(2) " Twelve day
facility": A local confinement facility used primarily to detain adults
for a maximum of two hundred eighty-eight hours. The standards set forth in
rules 5120:1-10-01 to 5120:1-10-18 of the Administrative Code apply to twelve
day facilities.
(3) "Twelve-hour
facility": A local confinement facility used primarily to detain adults
for a maximum of twelve hours. The standards set forth in rules 5120:1-12-01 to
5120:1-12-18 of the Administrative Code apply to twelve-hour
facilities.
(4) "Minimum
security jail": A local confinement facility used to detain sentenced
adults for more than one hundred twenty hours for a misdemeanor or a felony of
the fourth or fifth degree, provided the person has been classified as a
minimum security risk by the jail administrator or designee. The classification
must include, at minimum, the individual's propensity for assaultive or
violent behavior and escape risk based upon the offender's prior and
present behaviors. The standards set forth in rules 5120:1-8-01 to 5120:1-8-18
of the Administrative Code apply to minimum security jails.
(5) "Temporary
holding facility": A local confinement facility used to detain arrestees
for a maximum six hours for processing and/or awaiting transportation. The
temporary holding facility (THF) may be a jail cell, but also may be an area
which is designated for temporary holding purposes, e.g., holding area or
room.
(B) As used in rules 5120:1-7-01 to
5120:1-7-04 and 5120:1-8-01 to 5120:1-12-18 of the Administrative Code, the
following terms have the meanings indicated in this rule:
(1) "Administrators
and supervisors": Persons who have managerial responsibility for a full
service jail or who supervise employees security assignments or activities in
the jail.
(2) "Administrative
segregation": The act of confining an inmate to an individual housing cell
or designated housing unit, that physically separates the inmate from the
general population for specified reasons other than as a penalty, thereby
prohibiting physical contact between this inmate and the general
population.
(3) "Attorney (of
record)": A licensed lawyer (retained or court appointed) whose name
appears in the case records or court docket of the case, or whom the inmate has
named as his or her attorney.
(4) "Authority
having jurisdiction": The governmental authority having responsibility for
certifying compliance with applicable statutes, regulations and
codes.
(5) "Average daily population
(ADP)": The number arrived at by totaling the number of meals served
inmates during a specified period of time, divided by three, and then dividing
by the number of days during that specified period. This figure is also
sometimes derived by dividing the total number of commitments recorded in the
jail ledger or the sum of daily official inmate counts by the total number of
days in the specified period.
(6) "Classification": A system
or process for determining the needs and requirements of inmates and for
assigning them to housing units and programs. Elements of this determination
include the following: security level; work assignments; special treatment
services; allowance or denial of certain privileges; and other assignments as
may be available.
(7) "Clergy": A clergyperson or
minister from a recognized religious community outside the jail who is the
spiritual leader for a particular inmate.
(8) "Compliant
Jail": A jail which complies with all "Essential Jail Standards"
and ninety per cent of all "Important Jail Standards" is in
compliance.
(9) "Contraband": Anything
possessed by inmates or within the confinement facility which is declared
illegal by law or which is expressly prohibited by those legally charged with
the responsibility for the administration and government of the
jail.
(10) "Corporal punishment": The
act of inflicting punishment directly on the body, such as beating, flogging,
hitting, kicking, etc.
(11) "Critical
incident": An unexpected or non-routine event or situation in or affecting
a jail that impacts the health or safety of a prisoner or staff member,
jeopardizes the safety and security of the jail, or disrupts the orderly
operation of the jail. These incidents include but are not limited to: suicide,
suicide attempts, death, escape, hostage taking, riot, disturbance, disorder,
sexual misconduct/assault, serious assault, major fire, or outbreak of a
contagious disease.
(12) "Disciplinary isolation":
The act of confining an inmate to an individual housing cell that physically
separates the inmate from the general inmate population as a penalty, thereby
prohibiting physical contact between the inmate and other inmates.
(13) "Emergency operations
plan": Written documents that address specific actions to be taken in an
emergency or catastrophe such as fire, flood, riot or other major
disruption.
(14) "Essential Jail Standard":
These jail standards have been designated to directly support the life, safety
and health of jail inmates, employees, contract employees and volunteers. All
full service and minimum security jails must comply with all essential jail
standards.
(15) "Fire exit drill": A
practice drill that includes transmission of a fire alarm signal and simulation
of emergency fire conditions that is conducted to familiarize jail personnel
with the signals and emergency action required under varied conditions. Release
of inmates to safe areas or the exterior of buildings is not
required.
(16) "Foot-candle": A unit for
measuring the level of illumination.
(17) "Full Compliance Jail": A
jail which complies with all "Essential Jail Standards" and all
"Important Jail Standards" is in full compliance. Any jail in full
compliance, upon proof satisfactory to the jail inspector, will be referred to
as a certified jail. Any jail successfully completing ACA accreditation is
recognized as a certified jail.
(18) "Fundamental rights":
Rights which may not be suspended for disciplinary or classification reasons
and which are to be guaranteed to all inmates except in times of emergency or
other such conditions beyond the control of the facility administrators. Such
rights may include visits by attorneys or clergy, telephone calls to attorneys
or clergy, adequate food/nutrition, adequate lighting, adequate ventilation,
temperature control, sanitation, medical care and access to a grievance
mechanism.
(19) "General population": Those
inmates who have not been able to secure release within a reasonable time
period after their initial booking and who are therefore classified and housed
in areas which are not designated for temporary holding or temporary special
housing.
(20) "Grievance": A circumstance
or action thought to be unjust or injurious and grounds for complaint to the
appropriate facility administrator or designee.
(21) "Health-trained personnel":
Members of the jail staff that are trained in limited aspects of health care,
including correctional officers and other personnel approved by the jail
physician.
(22) "Impartial hearing
officer": A staff person who is not involved or witness in the incident in
question and who is empowered to determine issues of fact in an inmate
disciplinary hearing.
(23) "Important Jail Standards":
These jail standards have been designated to support good correctional
practices in training, operations, inmate services, physical plant, safety and
emergency procedures, sanitation, food service, inmate rules and discipline and
other areas that address good correctional practice. All full service and
minimum security jails must comply with ninety per cent of all important
standards.
(24) "Indigent inmate": An
inmate confirmed to have insufficient resources necessary to provide for basic
needs.
(25) "Jail support staff": Those
persons whose job function does not reflect a primary responsibility for the
security and/or supervision of inmates.
(a) Jail support staff with routine contact: Those persons who
have routine and regular contact with inmates within the jail security
perimeter.
(b) Jail support staff with occasional contact: Those persons who
will not routinely come into contact with inmates but may enter the jail
security perimeter.
(26) "Juvenile": Offenders under
the age of eighteen.
(27) "Key control center": A
secure location inaccessible to unauthorized persons from which facility keys
are issued/returned.
(28) "Lavatory": A bowl or
washbasin with faucets and drainage for washing face and hands.
(29) "Legal correspondence":
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 any office or official of the federal, state or local government and
administrators or grievance systems and members of the adult parole
authority.
(30) "Life safety code": A
handbook published by the national fire protection association specifying
minimum standards for fire safety in correctional facilities.
(31) "Major renovation": A
significant structural or design change in the physical plant of a jail
facility.
(32) "Official count": An actual
counting and recording of inmates confined in a facility by verifying the
presence of each at a given time.
(33) "Permanent log": A record
of all significant activities that take place during the course of a
day.
(34) "Personal observation
check": A visual check by jail staff who observes inmates and their
immediate surroundings without the use of mechanical or electronic, visual or
audio monitoring equipment. This check is performed in such a manner that
allows the observing staff to identify the health, safety and security status
of the inmates and permits immediate personal interaction or response to any
situation.
(35) "Physical force": Any
violence, compulsion or constraint physically exerted upon or against a
person's body by any means including the use of firearms, chemical agents,
clubs or direct bodily contact.
(36) "Policy": A statement that
reflects the philosophy of the organization, and defines the purpose for which
the action is taken.
(37) "Inmate worker": The
classification of inmates who are given work assignments based upon a
determination that they present a low security risk.
(38) "Privileges": Items or
programs that may be temporarily suspended for disciplinary or classification
reasons and which are generally provided to all inmates. Privileges may include
access to entertainment, commissary, visits by friends, telephone calls to
friends or family, snacks, dayroom access and program access.
(39) "Procedure": Provides a
detailed description of how a policy is to be accomplished detailing the steps
to be taken, the order in which they will be carried out, and by
whom.
(40) "Qualified health care
personnel": Physicians, dentists, nurses, physician assistants,
psychiatrists, psychologists, psychiatric social workers, paramedics, emergency
medical technicians, and others who by virtue of their education, credentials
and experience are permitted by law to evaluate and care for the health needs
of inmates.
(41) "Qualified mental health
personnel": Physicians, physician assistants, nurses, psychiatrists,
psychologists, psychiatric social workers, and others who by virtue of their
education, credentials and experience are permitted by law to evaluate and care
for the mental health needs of inmates.
(42) "Qualified nutritionist,
registered dietitian, licensed dietitian, and registered dietitian
nutritionist": A person registered as a licensed nutritionist or registred
nutritionist by the American dietetic association.
(43) "Reception": The period
during which an inmate undergoes admission processing, which may include
orientation and initial classification, prior to regular housing
assignment.
(44) "Recreation/physical
exercise": Activities such as athletics and calisthenics which require at
least a moderate degree of physical exertion.
(45) "Restraining device": Any
mechanical contrivance, appliance, or object designed or fashioned to
physically control or incapacitate a person. These include wrist manacles,
ankle manacles, restraining straps, chains, chairs and other such
devices.
(46) "Safety equipment":
Firefighting equipment, including chemical extinguishers; hoses, nozzles and
water supplies; alarm systems; sprinkler systems; self-contained breathing
apparatus: emergency exits and fire escapes; and other firefighting equipment
as may be provided. Also included are stretchers; first-aid kits; emergency
alarms; and other such provisions and equipment.
(47) "Search": An examination
falling into one of the following three categories:
(a) "Frisk search": A thorough search or "pat
down" of an inmate's clothes and head cavities, while the inmate is
still clothed.
(b) "Strip search": An inspection of the genitalia,
buttocks, breasts, or undergarments of a person that is preceded by the removal
or rearrangement of some or all of the person's clothing that directly
covers the person's genitalia, buttocks, breasts, or undergarments and
that is conducted visually, manually, by means of any instrument, apparatus, or
object, or in any other manner while the person is detained or
confined.
(c) "Body cavity search": An inspection of the anal or
vaginal cavity of a person that is conducted visually, manually, by means of
any instrument, apparatus, or object, or in any other manner while the person
is detained or confined.
(48) "Security control
equipment/devices": Firearms, weapons, lethal and non-lethal munitions,
use of force devices, chemical agents and restraints. Also included are
electronic monitoring equipment, security alarm systems, security light units,
auxiliary power supply, and other equipment used to maintain jail
security.
(49) "Security perimeter": A
secure boundary which encloses the entire portion of the facility in which
inmates are confined, including any area to which inmates may have access.
Passage through this boundary must be strictly controlled.
(50) "Security post": A location
within the jail from which a staff person may perform jail duties.
(51) "Separation (segregation)":
Whenever possible, to be physically set apart in order to prohibit bodily
contact and, where possible, communication.
(52) "Sick call": A system
through which each inmate reports and receives individualized and appropriate
medical services for non-emergency illness or injury.
(53) Status jail: Any jail which did not
meet all "Essential Jail Standards" and/or met less than ninety per
cent of the "Important Jail Standards." The inspected jail did not
reach compliance. The inspection tally reflects the jail compliance
status.
(54) "Surveillance check": A
monitoring check of inmates, inmate occupied areas, inmate accessible areas and
other jail areas by jail staff using electronic or mechanical, visual or audio
monitoring equipment or by remote position of the monitoring
staff.
(55) "Therapeutic seclusion":
The placement and retention by qualified health care personnel of an inmate in
a room for the purpose of containing a clinical situation (e.g., extreme
agitation, threatening or assaultive behavior) that may result in a state of
emergency.
(56) "Variance": The process of
receiving approval for a method of complying with the intent of a standard when
strict compliance would cause unusual, practical difficulties or financial
hardship. The alternative practice must not seriously affect the security of
the jail, the supervision of inmates, or the safe, healthful operation of the
jail.
(57) "Work or education
release": A formal arrangement, sanctioned by law, whereby an inmate is
permitted to leave confinement for approved employment in a job and/or
participation in specific programs.
