Rule 5120:1-14-09 | General and specific operating standards for community-based correctional facilities.
(A) The Ohio department of rehabilitation and correction ("ODRC") establishes performance-based standards for community-based correctional facilities receiving funding by the department of rehabilitation through the bureau of community sanctions. In accordance with applicable ODRC policy, community-based correctional facility ("CBCF") compliance is determined by the bureau through annual program monitoring inspections and program reviews. Unannounced site visits may be conducted.
(B) Subject to paragraphs (C) and (D) of this rule, in addition to satisfying the general standards of operation described in paragraph (A) of this rule, a community-based correctional facility that receives funding from the department of rehabilitation and correction will be used to confine only those felony offenders who satisfy one or more of the following admission criteria:
(1) The offender's risk level, as assessed using the Ohio risk assessment system, is high or moderate;
(2) The most serious offense for which the offender is being sentenced to the community-based correctional facility is a felony of the first degree or a felony of the second degree;
(3) The offender is being placed in the facility for violating a condition of supervision; or
(4) The offender has one or more community control revocations in the preceding five years.
(C) The grant agreement entered into between the department of rehabilitation and correction and the facility governing board may identify an acceptable percentage of felony offenders committed to the community-based correctional facility during the grant period that do not satisfy any of the admission criteria specified in paragraphs (B)(1) to (B)(4) of this rule. This percentage will hereinafter referred to as the "CBCF deviation cap." The CBCF deviation cap identified in the grant agreement will not exceed ten per cent of the total number of offenders committed to the community-based correctional facility during the grant period. In establishing the CBCF deviation cap, the department considers the availability of outpatient criminogenic programming in the jurisdiction or jurisdictions served by the community-based correctional facility. The grant agreement may specify the amount by which the grant amount will be reduced in accordance with paragraph (D) of this rule if the grant recipient exceeds the CBCF deviation cap as described in that paragraph.
The commitment of the following types of offenders to a community-based correctional facility will not count against the CBCF deviation cap:
(1) Offenders receiving non-residential services provided by the facility, which are funded in whole or in part by the department. Each grant agreement will identify the specific non-residential services that do not count against the CBCF deviation cap under this paragraph.
(2) Offenders committed to a facility as a condition of judicial release under section 2929.20 of the Revised Code.
(3) Female offenders whose initial or overridden risk level is low-moderate, as assessed using the Ohio risk assessment system.
(D) At the conclusion of the grant period, the department will measure a grant recipient's compliance with any CBCF deviation cap established in the grant agreement. In measuring that compliance, the department will determine the percentage of the total number of offenders committed to the community-based correctional facility during the grant period who do not satisfy any of the admission criteria specified in paragraph (B) of this rule nor fall within one of the categories of offender excluded from the CBCF deviation cap under paragraphs (C)(1) to (C)(3) of this rule. If that percentage exceeds the CBCF deviation cap, in accordance with grant requirements, the department may consider a reduction in funding in subsequent grants.
Last updated April 24, 2026 at 8:27 AM
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