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

Rule 5120-17-04 | Electronic monitoring of prisoners.

 

(A) Pursuant to division (C)(3) of section 5120.035 of the Revised Code, prisoners in the substance use disorder treatment program may, after an appropriate length of stay at the facility of the community treatment provider, be confined in an approved residence and be monitored by an electronic monitoring device for the remainder of the prisoner's stated prison term. The following criteria will be considered prior to placing a prisoner on electronic monitoring at an approved residence:

(1) The prisoner's level of engagement and participation in the treatment program;

(2) The prisoner's behavior and rule violation history;

(3) The suitability of the proposed residence as determined by paragraph (B) of this rule;

(4) The effect that such a placement will have on the prisoner's ability to successfully re-enter the community, reduce substance use relapses, and reduce recidivism.

(B) Prior to placement of prisoners on an electronic monitoring device at a residence, the community treatment provider or department of rehabilitation designee will investigate the proposed residence to determine whether it is suitable. For the residence to be approved as suitable, it must meet all of the following:

(1) The owner or the tenant of the property has signed a host agreement verifying their consent to the following conditions:

(a) The prisoner may reside at the residence.

(b) Employees of the department of rehabilitation and correction, may enter the residence to ensure that the electronic monitoring equipment is operating properly.

(c) The owner and/or tenant will not permit any firearm, dangerous ordinance, or dangerous weapon to be kept, stored at, or brought onto the premises during the time the prisoner in the treatment program is residing there.

(d) Employees of the department of rehabilitation and correction may search the residence in which a prisoner on electronic monitoring residences when there is reasonable belief that the community treatment provider's program rules or department of rehabilitation and correction rules of participation have been violated.

(2) The employees of the department of rehabilitation and correction must determine that the residence would be conducive to the prisoner making a satisfactory adjustment to electronic monitoring.

(C) If it is determined that a residence is suitable for electronic monitoring, the investigating staff member will have the owner or tenant sign the host agreement required by paragraph (B)(1) of this rule.

(D) Any prisoner placed on electronic monitoring will have inclusion and exclusion zones established. At a minimum, a home inclusion zone should be established with a curfew.

(E) Upon notification that a prisoner is out of place or is not at the approved residence, appropriate action will be taken as soon as possible to confirm confinement, or if not so confined, make reasonable efforts to locate and regain custody of the prisoner. The notification and all such efforts shall be documented.

(F) A prisoner is required to remain at the assigned facility or approved residence at all times, unless authorized to leave. If authorized to leave, the prisoner is required to return at the designated time. Policy protocols dictate time frames for reporting leaves without authorization, late returns, or failures to return for the purpose of issuing warrants and requesting the prosecutor to file escape charges under section 2921.34 of the Revised Code. Leaving without authorization or failing to return at the designated time will be considered by the department of rehabilitation and correction to be an escape pursuant to section 2921.34 of the Revised Code. In these situations, the department may declare the prisoner to be an escapee, stop the running of the sentence, and request prosecution.

Last updated October 5, 2026 at 9:14 AM

Supplemental Information

Authorized By: 5120.01, 5120.035
Amplifies: 5120.035
Five Year Review Date: 1/17/2031
Prior Effective Dates: 3/7/2016, 3/22/2021