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

Rule 5120-17-02 | Screening and selection for transfer to community-based substance use disorder treatment program.

 

(A) All prisoners shall be screened to determine initial eligibility for transfer to a community-based substance use disorder treatment program based on the minimum criteria established in rule 5120-17-01 of the Administrative Code.

(B) With respect to those prisoners that meet the minimum criteria established in rule 5120-17-01 of the Administrative Code, the department, in conjunction with staff from the department of mental health and addiction services or other similarly qualified entity, shall:

(1) Determine, using a standardized assessment tool, whether the prisoner has a substance use disorder and the extent of the substance use disorder.

(2) Determine whether the prisoner is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program.

(3) Determine whether the prisoner shows signs of drug or alcohol withdrawal and whether the prisoner requires medical detoxification.

(C) If a prisoner meets the minimum criteria established in rule 5120-17-01 of the Administrative Code, and if the department of rehabilitation and correction or the department of mental health and addiction services or other similarly qualified entity determines that the prisoner has a substance use disorder, is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program, and does not require medical detoxification, the department of rehabilitation and correction may, at its sole discretion, transfer the prisoner into the program. In determining whether the prisoner is physically and mentally capable of uninterrupted participation in the treatment program, the department may consider the prisoners prior successful or unsuccessful participation in any community control sanction relative to substance use disorder treatment if such information is provided to the department. The department of rehabilitation and correction's decision to transfer or not to transfer a prisoner into the substance use disorder treatment program is not appealable to any authority.

(D) A prisoner transferred into the community-based substance use disorder treatment program must agree to participate in and satisfactorily complete any programming or treatment ordered by the department of rehabilitation and correction or department of mental health and addiction services prior to transfer to the facility of a community treatment provider. The prisoner shall, prior to transfer into the treatment program, execute a release of information, the purpose of which is to permit the community treatment provider to disclose information to the department of rehabilitation and correction and department of mental health and addiction services related to the prisoners treatment and progress toward successfully completing the treatment program.

Last updated April 8, 2021 at 12:23 PM

Supplemental Information

Authorized By: 5120.01, 5120.035
Amplifies: 5120.035
Five Year Review Date: 1/15/2026
Prior Effective Dates: 3/7/2016, 4/2/2018