Ohio Adm.Code 5120:1 | Ohio Administrative Code 5120:1 — Department of Rehabilitation and Correction | Division of Parole and Community Services

Chapter 5120:1-1 Release

Ohio Adm.Code 5120:1-1-01 Glossary of terms.

(A) Facility director: A "facility director" is a person designated as the head of community correctional center, halfway house resident center, or other suitable facility.

(B) Supervising authority: The "supervising authority" shall be the supervision sections of the adult parole authority.

(C) Suitable facility: A "suitable facility" is one that has been licensed by the division of parole and community services pursuant to division (D) of section 2967.14 of the Revised Code.

(D) Confinement: "Confinement" shall mean restriction to the buildings or grounds of suitable facility.

(E) Violation: A "violation " shall occur when there is a failure to comply with the rules as established pursuant to administrative rules or laws.

(F) Releasee: An inmate who has been released from confinement pursuant to section 2967.28 of the Revised Code under a period of post-release control that includes one or more post-release control sanctions.

(G) Aggravated murder: "Aggravated murder" shall be the crime of murder in the first degree for which an inmate was convicted and sentenced pursuant to Chapter 2901. of the Revised Code until January 1, 1974, and the crime for which an inmate is convicted and sentenced pursuant to Chapter 2903. of the Revised Code thereafter.

(H) Murder: "Murder" shall be the crime of murder in the second degree for which an inmate was convicted and sentenced pursuant to Chapter 2901. of the Revised Code until January 1, 1974, and the crime for which an inmate is convicted and sentenced pursuant to Chapter 2903. of the Revised Code thereafter.

(I) Inmate: "Inmate" shall include a person who is in actual confinement in a state correctional institution or in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse or a releasee who is serving a sanction in a violation sanction center.

(J) Institution: "Institution" shall be defined as any penal institution operated directly by the department of rehabilitation and correction, which is used for the custody, care or treatment of criminal offenders.

(K) Shock parole: "Shock parole" shall be defined as a release granted pursuant to rule 5120:1-1-06 of the Administrative Code prior to regular parole eligibility or expiration of definite sentence pursuant to rule 5120:1-1-03 and Chapter 5120-2 of the Administrative Code.

(L) Hearing officer interview: A part of the hearing process wherein an inmate personally appears before one or more hearing officers who review and evaluate available information concerning the inmate's case and formulates a recommendation which is provided to a designated parole board member.

(M) Parole board hearing panel: That body of the parole board designated by the parole board chair to conduct release consideration hearings. A panel may consist of one member or a designated number of members and/or hearing officers.

(N) Parole board minutes: The official public record of the decisions of the parole board.

(O) Projected release date: An action taken by the parole board to establish a future date of release not less than six months or more than ten years from the date of the hearing based on the inmate complying with program and institution conduct requirements.

Last updated September 25, 2026 at 4:51 PM

History

Effective: October 5, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-02 Supervision fees.

(A) The department of rehabilitation and correction, division of parole and community services (DP&CS) shall recover from offenders under supervision on or after the effective date of this rule, a supervision fee, pursuant to division (D)(5) of section 5120.56 of the Revised Code. Offenders placed on, or moved to monitored time, shall not pay a supervision fee.

(B) The division of parole and community services shall ascertain the fee to be assessed under this rule after determining the average costs of supervision per offender, and considering the following factors:

(1) The ability, in general, of the offender population to pay a fee.

(2) The compliance level desired by the division of parole and community services.

(3) The offender supervision fees assessed by other states.

(1) No later than the offender's first reporting visit to the assigned adult parole authority (APA) office and officer, the offender shall sign conditions of supervision, pursuant to rule 5120:1-1-12 of the Administrative Code.

(2) The conditions of supervision shall include a condition that the offender pay a supervision fee during the offender's period of supervision. The condition shall specify a supervision fee of twenty dollars per month of APA supervision.

(3) The offender shall be advised of this condition prior to signing the conditions of supervision. The offender shall also be advised that he/she may contest the assessment of the fee pursuant to the provisions of this rule, and that the assessment of the fee may be waived by the DP&CS pursuant to this rule.

(4) The offender shall make a monthly payment of supervision fees in a manner authorized by the division of parole and community services.

(5) Supervision fee payments will commence thirty days following the offender's release, unless the APA officer determines during the offender's first reporting visit that the offender is unemployed and unable to make the payment. In that event, the supervision fee payments will commence sixty days following the offender's release.

(D) The offender may object to the assessment of the fee by submitting a written grievance to the assigned APA officer. The written grievance must contain information regarding any ongoing permanent injury or condition that affects the offender's ability to provide for himself or herself.

(E) The regional administrator or designee shall review the written grievance submitted by the offender, and shall notify the offender, in writing, of the final decision regarding the assessment of the supervision fee.

(F) The department of rehabilitation and correction shall not impose a supervision fee if, due to an ongoing permanent injury or condition, the imposition of the fee would unjustly limit the offender's ability to provide for the offender after incarceration. The regional administrator may require the offender to substantiate any injury or condition, with documentation from a health care professional. Criteria for evaluating an offender's ongoing permanent injury or condition, and the ability of that type of offender to provide for himself or herself after incarceration, shall include the following factors:

(1) Impairment. The extent to which the injury substantially impairs a major life activity.

(2) Mobility. The extent to which the injury limits the offender's ability to move about in the community.

(3) Permanence. The extent to which the injury leads to an ongoing, chronic condition.

(4) Treatment. The extent to which ongoing treatment or medication impairs the offender's ability to maintain employment or provide for the offender.

(G) The division of parole and community services may waive the imposition of the supervision fee, or a portion thereof, at any time during the offender's supervision, if the presence of any of the following conditions make collection of the fee unduly burdensome upon the offender.

(1) The offender is already under a court order to make restitution to the victim(s) of his/her offense, or a civil judgment to pay damages to the victim(s).

(2) The offender is already under a court order to make child support payments.

(3) The offender can show that he/she is indigent, and can not provide for himself/herself if the collection of the supervision fee is imposed.

(4) The offender is paying a supervision fee to another jurisdiction.

(H) The decision to waive the supervision fee, or a portion thereof, may be reviewed by the division of parole and community services periodically as circumstances warrant.

(I) An offender may substitute community service in lieu of paying monthly supervision fees with approval of the division of parole and community services. Eight hours of community service will be the equivalent of one month's supervision fees.

(J) All moneys collected by or on behalf of the department under section 5120.56 of the Revised Code shall be deposited by division of parole and community services business office into the offender financial responsibility fund of the state treasury. The division of parole and community services shall follow existing DRC division of business administration guidelines for the method, frequency, accounting and transfer of the deposits.

(K) No offender shall be subject to a revocation of parole, or the imposition of a jail or prison sanction solely for nonpayment of the supervision fee. No offender's supervision shall be extended, nor shall a final release from supervision be denied, solely for nonpayment of supervision fees. However, the payment or nonpayment of fees may be considered by the supervising officer, in addition to other factors relating to the offender's performance under supervision, in deciding whether to recommend a final release from parole supervision or to recommend an early termination of the period of the offender's post-release control. The payment or nonpayment of fees may be considered by a hearing officer, in addition to other factors relating to the offender's performance under supervision, in any violation proceeding.

(L) If an offender receives a final release from parole, or termination of post-release control supervision, and has unpaid supervision fees, the supervision fee administrator shall notify the offender, in writing, of the total unpaid amount, and demand the payment of that amount in full. If payment is not received in forty-five days, the supervision fee administrator shall certify the overdue amount to the attorney general's office - revenue recovery section, for collection.

(M) The department of rehabilitation and correction may expend funds in the offender financial responsibility fund for goods and services of the same type as those for which offenders are assessed. The money collected as supervision fees shall be used strictly for goods and services related to the supervision or rehabilitative needs of offenders.

(N) The division of parole and community services shall monitor the collection of supervision fees and annually report the following information:

(1) The number of offenders who have paid fees.

(2) The number of offenders who have been exempted from payments of fees.

(3) The number of offenders who have not complied with payment of fees.

(4) The total amount of fees received.

(5) The total estimated costs of administering the system.

(6) The types of goods and services purchased from the collection of the fees.

The report will be produced by the division of parole and community services and provided to the director and the chair of the joint committee on agency rule review. The report will be subject to section 149.43 of the Revised Code.

(O) The division of parole and community services shall assess a fee of eighty-five dollars to accompany an application filed by an offender for transfer of the offender's supervision to another state pursuant to the interstate compact for adult offender supervision. The division may waive the application fee if the offender demonstrates that the offender is indigent and unable to procure the fee. Application fees collected pursuant to this division shall be deposited by the division in the offender financial responsibility fund in the same manner prescribed in paragraph (J) of this rule.

Last updated February 11, 2025 at 10:20 AM

History

Effective: April 8, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-03 Minimum eligibility for release on parole.

(A) Except as provided in rule 5120:1-1-06 of the Administrative Code for shock parole, rule 5120:1-1-40 of the Administrative Code for parole of dying prisoners and section 2967.18 of the Revised Code for emergency paroles, no inmate serving an indefinite sentence shall be released on parole until he has served the minimum term reduced pursuant to rule 5120-2-04 of the Administrative Code for jail-time credit, diminished pursuant to rule 5120-2-05 of the Administrative Code for good behavior, and diminished pursuant to rule 5120-2-06 of the Administrative Code for productive program participation, and rule 5120-2-07 of the Administrative Code for maintaining minimum security. Provided, Chapter 5120-2 of the Administrative Code shall not be applied in such a manner as to unconstitutionally extend the minimum period for eligibility for parole of any prisoner in contravention of any statutory provision which may have been in effect at the time the crime was committed.

(B) Except as provided in rule 5120:1-1-40 of the Administrative Code for parole of a dying prisoner, no inmate serving any sentence of life imprisonment shall be released on parole until he has served the number of years specified in rule 5120-2-10 of the Administrative Code reduced as provided in rule 5120-2-04 of the Administrative Code.

(C) Except as provided in rule 5120:1-1-06 of the Administrative Code for shock parole, rule 5120:1-1-40 of the Administrative Code for parole of dying prisoners, section 2967.18 of the Revised Code for emergency paroles, and section 2967.132 of the Revised Code for offenses committed by a minor, no inmate serving a definite sentence shall be released on parole.

Last updated July 16, 2026 at 7:59 AM

History

Effective: January 15, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-06 Shock parole.

(A) Former section 2967.31 of Revised Code provides the parole board with the discretion to release on parole a prisoner sentenced prior to the repeal date of the statute, July 1, 1996, who is confined in a state correctional facility, at any time after serving six months in the custody of the department of rehabilitation and correction if all the following apply:

(1) The offense for which the prisoner was sentenced is other than:

(a) Aggravated murder

(b) Murder

(2) The prisoner has not previously been convicted of any felony for which, pursuant to sentence, he was confined for thirty days or more in a penal or reformatory institution in this state, or in a similar institution in any other state or the United States.

(3) The prisoner is not a dangerous offender as defined in section 2929.10 of the Revised Code.

(4) The prisoner does not need further confinement in a penal or reformatory institution for his correction or rehabilitation.

(5) The history, character, condition and attitudes of the prisoner indicate that he is likely to respond affirmatively to early release on parole, and is unlikely to commit another offense.

(6) The prisoner is not serving a term of actual incarceration.

(7) The prisoner is not ineligible for shock parole pursuant to division (C) of section 2903.06, 2903.07 or 2903.08 of the Revised Code.

(B) In addition to the offenses precluded from shock parole consideration by the Revised Code, the parole board deems prisoners serving sentences for the following offenses to be inappropriate for release on shock parole:

(1) Any offense contained in Chapter 2907. of the Revised Code.

(2) Aggravated vehicular homicide, section 2903.06 of the Revised Code.

(3) Vehicular homicide, section 2903.07 of the Revised Code.

(4) Aggravated vehicular assault, section 2903.08 of the Revised Code.

(5) Endangering children, section 2919.22 of the Revised Code.

(6) Arson, section 2909.03 of the Revised Code.

(7) Felony domestic violence, section 2919.25 of the Revised Code.

(C) A prisoner whose history includes any of the following shall be deemed to be unlikely to respond affirmatively to early release on shock parole:

(1) Participation in the program of shock incarceration and removal from the program because of a rule infraction or return to prison for a violation of any condition of intermediate transitional detention or intensive parole supervision;

(2) Release on shock probation and return to the institution for violating the probation;

(3) Release on electronically monitored early release pursuant to Chapter 5120-13 of the Administrative Code and a return to the institution for a violation.

(4) Release to a halfway house or community-based correctional facility pursuant to Chapter 5120-12 of the Administrative Code and a return to the institution for a violation.

(5) A conviction for any offense committed while serving the current sentence or while on escape or unauthorized leave from such confinement.

(D) Whether or not an offense committed outside of the jurisdiction of the state of Ohio is a felony for the purposes of this rule shall be determined by the classification of such offense by the Revised Code as if the act for which such sentence was imposed had been committed within the jurisdiction of the state of Ohio.

(E) A prisoner serving a definite sentence of one year or less shall not be considered for release on shock parole because he would not serve sufficient time under parole supervision before his sentence expired, to receive the benefit of supervised release.

(F) The parole board will consider a prisoner for release on shock parole when all of the following apply:

(1) The prisoner meets the provisions of paragraph (A) of this rule, and;

(2) The prisoner is not serving a sentence for any offense listed in paragraph (B) of this rule, and;

(3) The prisoner is not deemed unlikely to respond affirmatively to early release pursuant to paragraph (C) of this rule, and;

(4) The prisoner is not serving a definite sentence of one year or less.

(G) The procedure to be followed in considering prisoners for shock parole shall be as follows:

(1) Upon reception the record office shall determine whether the prisoner meets the criteria set out in paragraph (F) of this rule;

(2) The record officer shall schedule prisoners meeting the criteria set out in paragraph (F) of this rule for a hearing to be conducted by a panel of the parole board during the prisoner's fourth month of imprisonment;

(3) The parole board panel will determine whether or not to grant shock parole.

(4) A prisoner granted shock parole may be released after six months in custody in a state correctional institution.

Last updated February 11, 2025 at 10:20 AM

History

Effective: April 15, 2010
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-07 Procedure for release on parole and shock parole; factors that shall be considered in a release hearing.

(A) An inmate may be released on or about the date of his eligibility for release, unless the parole board, acting pursuant to rule 5120:1-1-10 of the Administrative Code, determines that he should not be released on such date for one or more of the following reasons:

(1) There is substantial reason to believe that the inmate will engage in further criminal conduct, or that the inmate will not conform to such conditions of release as may be established under rule 5120:1-1-12 of the Administrative Code;

(2) There is substantial reason to believe that as the unique factors of the offense of conviction significantly outweigh the inmate's rehabilitative efforts, the release of the inmate into society would create undue risk to public safety and/or would not further the interest of justice nor be consistent with the welfare and security of society;

(3) There is substantial reason to believe that due to serious infractions of rule 5120-9-06 of the Administrative Code, the release of the inmate would not act as a deterrent to the inmate or to other institutionalized inmates from violating institutional rules and regulations;

(4) There is need for additional information upon which to make a release decision.

(B) Excluding documents related to the filing of a grievance under rule 5120-9-31 of the Administrative Code, in considering the release of the inmate, the parole board shall consider any relevant information concerning the inmate as may reasonably be available, including the following:

(1)

The inmate's risk to reoffend as measured by the applicable risk assessment tool as set forth in division (A) of section 5120.114 of the Revised Code.

(2) The inmate's criminal history and community supervision history, including but not limited to, the unique factors of offenses of conviction, whether the inmate's criminal history demonstrates a pattern of increasing severity or frequency, and the inmate's success or failure while on any form of community supervision. In evaluating an inmate's criminal history and supervision history, the board shall consider:

(a) Any official report of the inmate's prior criminal record, including a report or record of earlier probation or parole;

(b) Any presentence or postsentence report;

(3) The inmate's ability to control the inmate's behavior, and the degree to which the inmate demonstrates impulsivity in the prison or in the community. In evaluating an inmate's ability to control the inmate's behavior, the board will consider:

(a) Any reports of physical, mental or psychiatric examination or the inmate;

(b) Any reports prepared by any department of rehabilitation and correction staff member relating to the inmate's personality and social history.

(4) The inmate's institutional programming, including but not limited to, whether the inmate has successfully completed programming consistent with the inmate's assessed needs and risk to reoffend.

(5) The inmate's institutional behavior, particularly any demonstrated inability to conform to institutional rules and regulations, which is predictive of an inmate's risk to reoffend in the community. In evaluating an inmate's institutional behavior, the board will consider the inmate's security level and any reports generated by institutional staff, including conduct reports, that reflect upon the inmate's institutional adjustment.

(6) Any recommendations regarding the inmate's release made at the time of sentencing or any time thereafter by the sentencing judge, presiding judge, prosecuting attorney, and any information received in response to statutory notice provided prior to the hearing, including comments made on current sentencing ranges.

(7) Any communications from a victim or victim's representative;

(8) The degree and substance of community support or opposition to release;

(9) The recommendation of the inmate's defense counsel, including comments made on current sentencing ranges;

(10) Written or oral statements by the inmate, other than grievances filed under rule 5120-9-31 of the Administrative Code.

(11) The inmate's ability, readiness, and motivation to assume obligations and undertake responsibilities, as well as the inmate's own goals and needs and the adequacy of the inmate's reentry plan or prospects on release, to include:

(a) The inmate's employment history and his occupational skills;

(b) The inmate's education, vocational training, and other training

(c) The physical and mental health of the inmate as they reflect upon the inmate's ability to perform his plan of release and comply with the conditions of release;

(d) The inmate's family situation and other support system, including:

(i) The inmate's family status, including whether his relatives intend to support his or her plan for release;

(ii) Whether he or she has other pro-social associations in the community to which the inmate plans to be released;

(iii) The availability of adequate housing;

(iv) The availability of community resources to assist the inmate;

(12) The age of the inmate at the time of the offense and the diminished culpability of youth, to include: immaturity and failure to appreciate risks and consequences, where applicable.

(13) The family and home environment of the inmate at the time of the offense.

(14) The degree to which the inmate demonstrates that the inmate has changed during the term of incarceration, which includes, but is not limited to, consideration of the inmate's level of motivation to successfully reenter society and whether the inmate demonstrates an understanding of the inmate's risk factors and crime cycle, and any subsequent growth or increase in maturity during imprisonment.

(15) The following mitigating factors will be considered by the board for inmates whose parole eligibility is determined under section 2967.132 of the Revised Code:

(a) The chronological age of the inmate at the time of the offense and that age's hallmark features, including intellectual capacity, immaturity, impetuosity, and a failure to appreciate risks and consequences.

(b) The family and home environment of the inmate at the time of the offense, the inmate's inability to control the inmate's surroundings, a history of trauma regarding the inmate, and the inmate's school and special education history.

(c) The circumstances of the offense, including the extent of the inmate's participation in the conduct and the way familial and peer pressures may have impacted the inmate's conduct.

(d) Whether the inmate might have been charged and convicted of a lesser offense if not for the incompetencies associated with youth such as the inmate's inability to deal with police officers and prosecutors during the inmate's interrogation or possible plea agreement, or the inmate's inability to assist the inmate's own attorney.

(16) Any other factors which the board determines to be relevant.

(C) The consideration of any single factor, or any group of factors, shall not create a presumption of release on parole, or the presumption of continued incarceration. The parole decision need not expressly address any of the foregoing factors.

Last updated July 16, 2026 at 7:59 AM

History

Effective: July 29, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-08 Full board hearings.

(A) A full board hearing shall be conducted by the parole board regarding the proposed parole or re-parole of an offender under the following circumstances:

(1) If a victim of a violation of section 2903.01 or 2903.02 of the Revised Code; a violation of section 2903.02 of the Revised Code; an offense of violence that is a felony of the first, second, or third degree or of an offense punished by a sentence of life imprisonment, the victim's representative, or any person listed below requests through the office of victims' services, for the board to hold a full board hearing that relates to the proposed parole of the person that committed the violation, the board shall hold a full board hearing.

(a) The victim's representative;

(b) The spouse of the victim of the original offense;

(d) The sibling of the victim of the original offense; or

(e) The child or children of the victim of the original offense.

(2) If a family member of a victim who is not described in paragraph (A)(1) of this rule requests through the office of victims' services for the board to hold a full board hearing that relates to the proposed parole or re-parole of a person who committed a violation of section 2903.01 or 2903.02 of the Revised Code, an offense of violence that is a felony of the first, second, or third degree, or an offense punished by a sentence of life imprisonment, and at a meeting of the board at which a majority of board members are present, the majority of those present determine that a full board hearing shall be held.

(3) If a person is convicted of a violation of section 2903.01 or 2903.02 of the Revised Code, an offense of violence that is a felony of the first, second, or third degree, or an offense punished by a sentence of life imprisonment, and the prosecuting attorney submits a request directly to the board to hold a full board hearing that relates to the proposed parole or re-parole of the person who committed the violation.

(B) Petitions for a full board hearing under paragraph (A)(1) or (A)(2) of this rule shall be filed in such manner that the parole board prescribes.

(C) In determining whether to grant or deny a petition filed under paragraph (A)(2) of this rule, the board shall consider whether the information provided in the petition is relevant to the issue of whether the inmate is fit to be at liberty without being a threat to society, whether paroling the inmate would further the interests of justice, and whether paroling the inmate would be consistent with the welfare and security of society. The decision to grant or deny a full board hearing petition filed under paragraph (A)(2) of this rule is final and shall not be subject to any appeal.

(D) If a petition is filed pursuant to paragraph (A)(1) or (A)(3) of this rule or a petition is granted pursuant to paragraph (A)(2) of this rule, the parole board shall not make a final decision regarding the proposed parole or re-parole until after the full board hearing is held.

(E) At least thirty days before a full board hearing, the department of rehabilitation and correction shall give notice of the date, time, and place of the hearing to a victim regardless of whether the victim has requested the notification, unless the victim has requested that notice not be provided to the victim.

(1) If the notice pertains to an offense committed before March 22, 2013 and if the department has not previously successfully provided notice to the victim with respect to that offense and the inmate who committed it, the notice also shall inform the victim that the victim may request that the victim not receive any further notices with respect to that offense or the inmate who committed it and shall provide the procedure for making that request.

(2) At least thirty days before a full board hearing and regardless of whether the victim has requested the notification, the department shall provide notice to the prosecuting attorney in the case; the law enforcement agency that arrested the inmate if any officer of that agency was a victim of the offense; and, if different than the victim, the person who requested the full board hearing.

(3) Upon the request of the prosecuting attorney or a law enforcement agency that has not previously been provided an institutional summary report pertaining to the inmate who is the subject of the full board hearing, the department shall provide to the requesting prosecuting attorney or agency an institutional summary report that summarizes the inmate's training, work, and other rehabilitative activities during the inmate's confinement. The report also shall summarize any disciplinary action taken against the inmate during the inmate's confinement.

(4) The notices required under this paragraph may be provided by ordinary mail, telephone, or electronic means.

(F) Full board hearings may be held virtually at the chair's discretion. The following persons shall be permitted to appear at a full board hearing held pursuant to this rule and offer an oral statement. Such persons may submit a written statement in addition to, or in lieu of, appearing at the hearing:

(1) The prosecuting attorney of the county of indictment;

(2) Members of any law enforcement agency or agencies that assisted in the prosecution of the original offense;

(3) The sentencing judge or the judge's successor;

(4) The victim of the original offense for which the inmate is serving the sentence or the victim's representative designated pursuant to section 2930.02 of the Revised Code;

(5) The victim of any behavior that resulted in the offender's parole being revoked;

(6) In the case of a full board hearing being held pursuant to paragraph (A)(1) of this rule, the spouse; parent or parents; sibling; child or children of the victim of the original offense; and

(7) A state public defender when designated by the director of the department of rehabilitation and correction pursuant to division (A)(5) of section 120.06 of the Revised Code, private counsel, or some other person designated by the inmate as a representative, as permitted by the board, provided that the following individuals and groups may not act as an inmate representative at a full board hearing held pursuant to this rule:

(a) A person in the custody or under supervision by the department of rehabilitation and correction or any other local, state, or federal jurisdiction for having committed a felony.

(b) Special interest groups, reform groups, or other advocacy groups.

(G) Subject to paragraphs (F)(7)(a) and (F)(7)(b) of this rule, the chair of the parole board or the chair's designee may authorize interested persons in addition to those identified in that division to attend a full board hearing and to present oral and/or written statements in connection with the hearing. No person who is less than sixteen years of age on the date of the hearing shall be permitted to attend the hearing unless that person is the victim of the original offense for which the inmate is serving the sentence or is the victim of any behavior that resulted in parole revocation.

(H) The offender whose parole or re-parole is the subject of the full board hearing has no right to be present at the hearing.

(I) Members of the news media may attend a full board hearing held pursuant to this rule, provided that:

(1) Media shall be excluded when the victim or the victim's representative has requested that news media be excluded while the victim or the victim's representative presents to the board; and

(2) The chair of the parole board or the chair's designee may limit the number of media representatives present at a full board hearing when space considerations make it impossible to accommodate every media representative who wishes to attend.

(J) At the conclusion of the hearing, the parole board shall move into executive session for purposes of deliberation. By a majority vote, the board shall take one of the following actions:

(1) Issue a parole or a delayed parole on or after date;

(2) Establish a future hearing date for release consideration; or

(3) Defer its decision to a subsequent full board hearing.

(K) If the proposed parole or re-parole involves an offense of a type described in paragraph (A)(1) of this rule that resulted in the death of the victim, the individual who petitioned for the full board hearing may show at the hearing a video not exceeding five minutes in length that memorializes the victim.

(L) The chief of the adult parole authority may participate in a full board hearing in the place of an absent parole board member and shall be present during the deliberations described in paragraph (J) of this rule. The chief shall participate at the hearing and during the executive session to establish the number of parole board members required to be present at a full board hearing when appointed members are not otherwise available. The chief of the adult parole authority shall also cast the deciding vote in the event that there is a tie vote among the members of the board present at the hearing. The chief of the adult parole authority shall not otherwise participate in full board hearings or deliberations.

Last updated October 9, 2026 at 9:23 AM

History

Effective: October 9, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-10 Initial and continued parole board hearing dates; projected release dates.

(A) The initial hearing for each inmate who is parole eligible shall be held on or about the date when the prisoner first becomes eligible for parole pursuant to rule 5120:1-1-03 of the Administrative Code.

(B) In any case in which parole is denied at a inmate's regularly constituted parole hearing, the parole board shall:

(1) Set a projected release date in accordance with paragraph (D) of this rule, or

(2) Set the time for a subsequent hearing, which shall not be more than ten years after the date of the hearing. This paragraph, paragraph (B)(2) of this rule, applies to any individual who is eligible for parole consideration under section 2967.132 of the Revised Code.

(C) In any case where parole is denied the reasons for such denial shall be communicated to the inmate and the warden in writing.

(D) The parole board at any parole release consideration hearing may, in its discretion, establish a projected release date ten years or less in the future which, unless rescinded pursuant to this rule, would permit the inmate to be released without a further appearance before the parole board or a hearing panel. This date shall be subject to rescission within the discretion of the parole board and shall not create any expectation of release or entitlement to be released thereon.

(E) A projected release date greater than one year from the parole hearing date shall not be established for any prisoner serving a life sentence, sentence of fifteen years to life, or a sentence imposed for any offense pursuant to Chapter 2907. of the Revised Code.

(F) A projected release date shall be recorded and published in the official minutes of the parole board.

(G) The institution in which a inmate with a projected release date is confined shall, upon request, submit to the parole board an institutional summary report. This report shall summarize the inmate's conduct, adjustment and program participation subsequent to the granting of a projected release date.

(H) A parole board member designated by the chair of the parole board shall review the report as soon as practicable and shall determine if the release on the projected release date is still warranted, that the projected release date should be accelerated, that placement into the transitional control program should be approved, or that the projected release date should be rescinded.

(I) If the projected release date is not rescinded the inmate shall be released on or after the projected release date in the usual manner and following the standard procedures for releasing inmates.

Last updated July 13, 2023 at 8:58 AM

History

Effective: July 13, 2023
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-11 Procedure of release consideration hearing.

(A) A hearing shall be held by the parole board prior to the release of an inmate in a state correctional institution pursuant to rule 5120:1-1-07 of the Administrative Code.

(B) The decisions of the parole board which result from the hearings shall be recorded and published in its official minutes.

(C) As determined by the parole board chair or designee, a release consideration hearing may be conducted by a hearing panel that may consist of one or more parole board members. Hearing officers may assist parole board members on hearing panels if administratively necessary for the purpose of making a recommendation for or against release to a parole board member.

(D) Except for full board hearings and death penalty clemency hearings, each hearing or interview shall be conducted with the inmate personally present or present via telecommunications, unless the parole board chair or designee determines for good cause shown that attendance by the inmate is inappropriate or unwarranted.

(E) A hearing officer interview with the inmate may be conducted by a parole board hearing officer as designated by the parole board chair for the purpose of making a recommendation for or against release to a parole board member.

(F) The inmate's attorney is permitted to appear at the institution panel hearing of an inmate whose parole consideration is determined under section 2967.132 of the Revised Code.

(G) Following a hearing, the decision or recommendation shall be communicated to the inmate in writing as soon as administratively possible thereafter unless, in the judgment of the hearing body, an undue risk to the security of the institution or to a person or persons would thereby be created.

(H) In the event the decision of the parole board is to deny release of an inmate, the inmate and warden shall be furnished within fourteen working days after the decision is finalized:

(1) A written notice stating the grounds under rule 5120:1-1-07 of the Administrative Code upon which such determination was based, indicating which of the factors specified in rule 5120:1-1-07 of the Administrative Code were considered as significant to its decision;

(2) A written notice of the date on or about which the inmate shall be entitled under rule 5120:1-1-10 of the Administrative Code to another release hearing.

(I) Prior to any release consideration hearing, notice of the hearing shall be provided to the judge, the prosecutor, any victim or victim's representative who is required to be given notice under section 2930.16 of the Revised Code; the law enforcement agency that arrested the inmate if any officer of that agency was a victim of the offense and is required to be given notice under that section; and any member of the victim's immediate family as defined in section 2967.12 of the Revised Code when the family member has requested notification and is required to be given notice under section 2930.16 of the Revised Code. Notice shall be provided within the time frames specified in that section. In the case of a notice that pertains to an aggravated murder; murder; an offense of violence as defined in section 2901.01 of the Revised Code of the first, second, or third degree; or an offense for which a sentence of life imprisonment was imposed, if the offense was committed before March 22, 2013 and the department of rehabilitation and correction has not previously successfully provided notice to the victim with respect to that offense and the inmate who committed it, the notice shall inform the victim that the victim may request that the victim not receive any further notices with respect to that offense or the inmate who committed it. Such notice shall describe the procedure for requesting that further notices not be provided. A notice provided under this paragraph to a victim, victim's representative, or a member of the victim's immediate family that relates to an aggravated murder; murder; an offense of violence as defined in section 2901.01 of the Revised Code of the first, second, or third degree; or an offense for which a sentence of life imprisonment was imposed also shall inform the recipient of the recipient's right to request a victim conference under rule 5120:1-1-14 of the Administrative Code, shall describe victim conferences, and shall describe the procedure for requesting a victim conference. If the recipient of a notice provided under this paragraph has the right to petition for a full board hearing under paragraph (A)(2) of rule 5120:1-1-08 of the Administrative Code, the notice shall inform the recipient of the right to give testimony at a full board hearing and that the recipient may contact the adult parole authority for additional information. The department of rehabilitation and correction may utilize ordinary mail, telephone, or electronic means to provide the notices required under this paragraph.

(J) In the event a hearing is continued, notice of such continuance and the date of next hearing shall be provided to the parties identified in paragraph (H) of this rule at least sixty days prior to the date of the continued hearing in the manner prescribed in that paragraph.

(K) Upon the request of a prosecuting attorney or of any law enforcement agency, the department shall provide to the requesting prosecuting attorney or agency an institutional summary report that summarizes the offender's training, work, and other rehabilitative activities during the offender's confinement. The report also shall summarize any disciplinary action taken against the offender during the offender's confinement. In the event a hearing is continued, any prosecuting attorney or law enforcement agency that was previously provided an institutional summary report shall be provided any new information that relates to the activities and actions covered by the report.

Last updated July 16, 2026 at 7:59 AM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-12 Conditions of release.

(A) The parole board shall impose upon the releasee such conditions of release as it deems reasonably necessary to ensure that the releasee will lead a law-abiding life and to assist the releasee in leading a law-abiding life.

(B) The parole board shall impose the following minimum conditions of release:

(1) The releasee shall abide by all federal, state, and local laws and ordinances and all rules and regulations of the department of rehabilitation and correction;

(2) The releasee shall obtain permission, in writing, from the adult parole authority before leaving the state;

(3) The releasee shall comply with all lawful orders given to the releasee by the department of rehabilitation and correction, its authorized agents, or its representatives, which shall include any sanctions that may be imposed in response to violation behavior at any time during supervision;

(4) The releasee shall not possess, own, use, or have under the releasee's control any firearm, deadly weapon, or dangerous ordnance.

(5) The releasee is not authorized to enter the grounds of any correctional facility nor attempt to visit any prisoner or communicate with any prisoner in any manner without first obtaining written permission from the releasee's supervising officer.

(C) When imposing special conditions of release, the parole board shall, to the extent feasible, individualize the conditions, taking into consideration the releasee's risk and needs level and the safety of the victim or victims, provided that:

(1) There is a reasonable relationship between the conditions imposed and the inmate's previous conduct and present situation;

(2) The conditions are sufficiently specific to serve as a guide to supervision and conduct; and

(3) The conditions are such that compliance is possible.

(D) An inmate shall receive written notice of the conditions of release including any special conditions that have been imposed upon him by the parole board prior to the inmate's release from the institution and shall acknowledge by signature the receipt of, and intention to comply with, the conditions imposed.

(E) Any request for the addition, removal, or modification of a condition or special condition of release shall be directed to the parole board chair or designee. The parole board chair or designee shall consider the request along with the releasee's risk and needs level. The parole board chair or designee shall respond as soon as administratively possible to the person requesting the addition, removal, or modification of the condition.

Last updated February 18, 2026 at 8:22 AM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-13 Discharge from parole.

(A) A parolee who has faithfully performed all the conditions of his parole and who has obeyed the rules of parole established by the adult parole authority shall be granted a final release by the authority upon the written recommendation of the superintendent of parole supervision.

(B) No parolee shall be granted a final release from parole earlier than one year after the parolee has been released from the institution on parole unless his maximum sentence has expired prior to the expiration of one year.

(C) No parolee whose minimum sentence is life shall be released from parole earlier than five years after the parolee has been released from the institution.

Last updated February 11, 2025 at 10:21 AM

History

Effective: July 11, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-14 Victim conference.

(A) The adult parole authority will make staff available to meet with the victim, the victim's representative, or one or more members of the victim's immediate family as defined in section 2967.12 of the Revised Code to discuss the potential release of an inmate scheduled for a release consideration hearing. Victim conferences are held within a reasonable period of time preceding the release consideration decision. Victim conferences are scheduled at the request of the victim, the victim's representative, or a member of the victim's immediate family.

(B) Each victim conference is up to one hour in duration and conducted by a person or persons identified by the parole board chair or the chair's designee. Victim conferences may be conducted virtually at the discretion of the parole board chair or the chair's designee.

(C) A victim conference may be attended by three individuals, not including adult parole authority staff. The number of attendees may exceed three individuals if prior approval is given by the parole board chair or the chair's designee. If the number of individuals seeking to attend a victim conference exceeds the number of individuals authorized to attend a single victim conference, the adult parole authority shall, upon request, schedule one or more additional victim conferences if the release consideration hearing that is the subject of the conference pertains to an aggravated murder; murder; an offense of violence as defined in section 2901.01 of the Revised Code of the first, second, or third degree; or any other offense for which a sentence of life imprisonment was imposed.

(D) During a victim conference, the victim, the victim's representative, or a member of the victim's immediate family may provide any information that the attendee considers relevant. An attendee may supplement any information that the attendee provides orally during the conference with information provided through various media, including, but not limited to, written correspondence, photographs, video tapes, or audio tapes. Victim conference communications are confidential and not public records under section 149.43 of the Revised Code.

Last updated March 21, 2024 at 9:05 AM

History

Effective: March 21, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-15 Pardon, reprieve and commutation of sentence.

(A) All applications for pardon, reprieve or commutation of sentence shall be made in writing to the parole board.

(B) When an application for a pardon, reprieve or commutation of sentence is filed with the parole board, the parole board shall conduct such investigation as is necessary and make a recommendation to the governor. A hearing may be held at the discretion of the parole board prior to making a recommendation to the governor. Such hearing if held, shall be before at least a majority of the members of the parole board.

(C) Within required timeframes specified in section 2967.12 of the Revised Code, notice of any hearing held to consider pardon, reprieve, or commutation of sentence shall be provided to the prosecuting attorney; the judge of the court of common pleas of the county in which the applicant was indicted; any victim or victim's representative who is required to be given notice under section 2930.16 of the Revised Code; the law enforcement agency that arrested the inmate if any officer of that agency was a victim of the offense and is required to be given notice under that section; and any member of the victim's immediate family as defined in section 2967.12 of the Revised Code when the family member has requested notification and is required to be given notice under section 2930.16 of the Revised Code. Where there is more than one judge of the court of common pleas, the notice shall be provided to the presiding judge. The department of rehabilitation and correction may provide notice by ordinary mail, telephone, or electronic means.

(D) Such notice shall contain the following:

(1) The name of the applicant;

(2) The crime for which the applicant was convicted;

(3) The date of conviction;

(4) The term of sentence.

(5) In the case of a notice that pertains to an aggravated murder; murder; an offense of violence as defined in section 2901.01 of the Revised Code of the first, second, or third degree; or an offense for which a sentence of life imprisonment was imposed, if the offense was committed before March 22, 2013 and the department has not previously successfully provided notice to the victim with respect to that offense and the offender who committed it, the notice shall inform the victim that the victim may request that the victim not receive any further notices with respect to that offense or the offender who committed it. Such notice shall describe the procedure for requesting that further notices not be provided.

(E) In the event the hearing is continued, notice of such continuance and the date of the continued hearing shall be provided within required timeframes specified in section 2967.12 of the Revised Code. The department of rehabilitation and correction may utilize ordinary mail, telephone, or electronic means to provide this notice.

(F) Upon the request of a prosecuting attorney or of any law enforcement agency, the department shall provide to the requesting prosecuting attorney or agency an institutional summary report that summarizes the offender's training, work, and other rehabilitative activities during the offender's confinement. The report also shall summarize any disciplinary action taken against the offender during the offender's confinement. In the event a hearing is continued, any prosecuting attorney or law enforcement agency that was previously provided an institutional summary report shall be provided any new information that relates to the activities and actions covered by the report.

(G) The recommendation of the parole board for or against pardon, reprieve, or commutation of sentence shall be forwarded to the governor, together with a brief statement of the facts, the grounds for such recommendation, and the record or minutes of the case.

(H) The decision of the parole board to recommend for or against pardon, reprieve or commutation of sentence shall be within its sole discretion and shall not be subject to administrative review.

(I) If the parole board receives an application for pardon, commutation or reprieve for a person for whom executive clemency was denied within two years from the date the denial was issued by the governor, the parole board shall review the application to determine whether it contains any significant new information that was not and could not have been presented in the earlier application. If the application contains no such new information, the parole board shall return the application to the applicant. The parole board shall inform the applicant of the date on which the applicant may reapply for consideration.

(J) The parole board shall consider a case for pardon or commutation only upon the application of the convicted person or his counsel or at the direction of the governor.

Last updated March 24, 2023 at 11:14 AM

History

Effective: July 15, 2013
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-16 Violator at large.

(A) Whenever an offender absconds from the supervision of the adult parole authority, such fact shall be reported in writing by the unit supervisor, or supervising officer of the offender, to the chief of the adult parole authority or designee pursuant to the policies and procedures of the division of parole and community services.

(B) Upon receipt of such written report the offender may be declared a violator-at-large and such declaration entered into the official minutes of the adult parole authority or such decision may be delayed pending further investigation.

(C) Upon apprehension of a violator-at-large, or declaration that an offender is a violator-at-large, the procedures as set forth in rules 5120:1-1-31 and 5120:1-1-34 of the Administrative Code shall apply.

(D) The procedures as set forth in this rule shall not apply to probation offenders or community control offenders under the supervision of the adult parole authority.

Last updated February 11, 2025 at 10:21 AM

History

Effective: April 1, 2005
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-17 Responding to release violations.

(A) Pursuant to rules 5120:1-1-12 and 5120:1-1-41 of the Administrative Code, the parole board has significant discretion to impose conditions of release and post-release control sanctions designed to protect the public and promote the offender's successful reintegration into the community. This rule does not limit any discretion to impose special conditions or post-release control sanctions that exist under those rules.

(B) Whenever an offender under the supervision of the adult parole authority commits a violation of the conditions of release or post-release control sanction, the authority will take appropriate steps in response to the violation behavior. These steps may range from warning the releasee to refrain from future violation behavior to revocation of release or the imposition of a prison sanction. Parole officers, supervisors, and hearing officers have discretion to reasonably impose various sanctions in response to violation behavior. The division of parole and community services may adopt specific procedures to carry out the purpose of this rule.

(C) When considering the imposition of further sanctions, the parole officer or the parole board shall consider the degree of seriousness of the violation and the risk and needs assessment of the offender. If a post-release control sanction is violated, the factors in paragraph (E) of rule 5120:1-1-41 of the Administrative Code that were considered when the violated sanction was originally imposed shall again be considered. In general, the most restrictive sanction imposed for most violations of the conditions of release that do not constitute new criminal offense behavior will be a nonresidential community sanction. Sanctions that may be imposed by the adult parole authority without a hearing include, but are not limited to, the following:

(1) Community service;

(2) Office reporting;

(3) Upgrades in supervision levels;

(4) Mandatory employment;

(5) Structured supervision activities;

(6) Summons before a unit supervisor;

(7) Substance abuse monitoring/treatment;

(8) Residential curfew;

(9) More frequent reporting requirements;

(10) Formal written reprimand;

(11) Program placement;

(12) Summons to appear before the parole board for review of the offender's performance on release.

(13) Electronic monitoring.

(D) The following sanctions may be imposed for violations of post-release control sanctions or a condition of supervision only by a parole board member or hearing officer at a hearing:

(1) Increase in the duration of the period of post-release control.

(2) A prison term sanction not to exceed nine months when post-release control is the only form of supervision for which the offender is being supervised. The maximum cumulative prison term sanction for all violations shall not exceed one-half of the original stated prison term, or, with respect to a stated non-life felony indefinite prison term, one-half of the minimum prison term that was imposed as part of that stated prison term. The maximum cumulative prison sanction includes any time served prior to the hearing. A parole board member or hearing officer imposing a sanction of confinement under this paragraph may require that the sanction be served in a state correctional institution, local jail, community-based correctional facility, or other locked facility approved by the division of parole and community services.

(3) Revocation of release if the offender is being supervised on parole or the parole term is the controlling sentence.

(E) If the adult parole authority reports the violation of a condition of supervision or a post-release control sanction to the parole board for a hearing, then the hearing shall be conducted in accordance with rule 5120:1-1-18 of the Administrative Code.

(F) In determining whether paragraph (B)(1) of rule 5120:1-1-12 of the Administrative Code has been violated, the fact that there has been no criminal conviction or prosecution shall not prevent the adult parole authority from responding to the violation behavior. Such response may include, but is not limited to, the commencement of revocation proceedings pursuant to rules 5120:1-1-18 and 5120:1-1-19 of the Administrative Code. Both of the following apply with regard to revocation:

(1) A judicial determination that the violation of law or ordinance has not been proven beyond a reasonable doubt or a dismissal of the criminal charges by the prosecutor shall not, for purposes of revocation of release, preclude the parole board from finding a violation of law or ordinance. For purposes of revocation of release, the commission of a violation of release may, under paragraph (A)(3) of rule 5120:1-1-18 of the Administrative Code, be established on the basis of the preponderance of the evidence, taking the record as a whole.

(2) A finding of "no probable cause" by a magistrate with regard to pending criminal charges shall not affect the finding of a violation of paragraph (B)(1) of rule 5120:1-1-12 of the Administrative Code when additional evidence not considered by the magistrate is considered at the revocation hearing held pursuant to rules 5120:1-1-18 and 5120:1-1-19 of the Administrative Code. If no additional evidence is considered at the revocation hearing, the judicial determination of "no probable cause" shall conclusively establish that the offender has not violated paragraph (B)(1) of rule 5120:1-1-12 of the Administrative Code.

Last updated July 16, 2026 at 8:00 AM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-18 Release revocation hearing.

(A) If the decision is made to commence revocation proceedings pursuant to section 2967.15 of the Revised Code or to report a violation of a post-release control sanction to the parole board for a hearing pursuant to division (F)(3) of section 2967.28 of the Revised Code, the releasee shall receive a hearing prior to revocation of release or, in the case of a releasee under post-release control, prior to increasing the duration of post-release control or imposing a prison term sanction. A hearing is not required if a non-suspended felony sentence has been imposed upon him by an Ohio court for an offense committed while on release or a felony sentence which includes a prison term has been imposed upon him by an Ohio court and not been modified by judicial release under section 2929.20 of the Revised Code. The hearing shall be conducted in accordance with specific procedures adopted by the division of parole and community services which include the following guidelines:

(1) The hearing shall be held at the county jail or other facility in which the releasee is in custody, or at another place designated by the unit supervisor.

(2) The hearing shall be conducted by a parole board member or hearing officer.

(3) The hearing is to determine whether there is a preponderance of the evidence, taking the record as a whole, that the releasee violated a condition of release or post-release control sanction and whether mitigating circumstances make revocation inappropriate or, in the case of a releasee under post-release control, whether mitigating circumstances make an increase in the duration of post-release control or the imposition of a prison term sanction inappropriate. The determination of the appropriate sanction rests within the sound discretion of the parole board member or hearing officer.

(4) Revocation of release or imposition of a prison term sanction as a post-release control sanction shall be considered when the violation involves one or more of the following:

(a) A deadly weapon or dangerous ordnance;

(b) Physical harm or attempted serious physical harm to another person;

(5) With respect to the hearing, the releasee has the following rights:

(a) The right to receive prior to the hearing a written notice setting forth the date, time and location of the hearing and the specific violations the releasee is alleged to have committed.

(b) The right to be heard in person and present relevant witnesses and documentary evidence.

(c) The right to confront and cross-examine adverse witnesses unless the parole board member or hearing officer specifically finds good cause for not allowing confrontation. In the event that confrontation is disallowed, specific reasons for the same shall be documented in the record of proceedings.

(d) The right to disclosure of evidence presented against the releasee.

(e) The right to representation by counsel if the parole board member or hearing officer finds that the charges and/or the evidence to be presented are complex or otherwise difficult for the releasee to present. If the releasee cannot afford to retain counsel, assistance, upon request, will be provided by the office of the state public defender.

(f) The right to a written digest by the parole board member or hearing officer if requested.

(B) If the parole board member or hearing officer decides that the releasee violated the conditions of release or a post-release control sanction and that revocation of release or a prison term sanction should be imposed, the parole board member or hearing officer shall order the return and transport of the releasee to the appropriate state correctional institution, appropriate local jail, appropriate community-based correctional facility, or other appropriate locked facility approved by the division of parole and community services. The finding and order of the parole board member or hearing officer shall constitute the official and final determination of the adult parole authority to revoke release, unless the decision is reversed by the chief of the adult parole authority or designee because of prejudicial and case dispositive error by the parole board member or hearing officer. This provision does not create a right of appeal of the decision of the hearing officer.

(C) If the parole board member or hearing officer orders the revocation and return to a correctional institution of a releasee subject to the discretionary releasing authority of the parole board, the parole board member or hearing officer shall also determine the time to be served before the next parole consideration hearing, when applicable. The parole board chair or designee shall approve or modify the determination of the parole board member or hearing officer. The office of victim services shall be notified if the determination of the parole board member, hearing officer, or the parole board chair or designee results in the offender being incarcerated until the maximum expiration of the offender's sentence.

Last updated October 1, 2026 at 4:28 PM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-19 Procedures after revocation of release.

(A) If, after a hearing provided for in rule 5120:1-1-18 of the Administrative Code, a person's release is revoked, whether or not the person shall be considered for further release prior to the expiration of his sentence depends upon the type of release and sentence or sentences he is serving.

(B) If the person was on shock parole, he shall be scheduled for a hearing to consider further release on shock parole prior to the expiration of his definite sentence, or initial parole eligibility if serving an indefinite sentence by the hearing officer in accordance with rule 5120:1-1-18 of the Administrative Code.

(C) If the person was on any type of release other than shock parole, from a pre-SB2 definite sentence, the person shall serve the balance of the pre-SB2 definite sentence.

(D) If the person had been released on parole after the expiration of the minimum sentence (with diminution) the person shall be scheduled for a parole release consideration hearing by the hearing officer or the parole board member in accordance with rule 5120:1-1-18 of the Administrative Code.

(E) If the person had been released on transitional control or pursuant to section 2967.05 of the Revised Code prior to his initial parole release consideration hearing, and that date has not yet passed, he shall be scheduled for a parole release consideration hearing at his initial eligibility date.

(F) If the person had been denied release at his initial parole release consideration hearing and released on transitional control or pursuant to section 2967.05 of the Revised Code prior to the end of the continuance, and that date has not yet passed, he shall be scheduled for a parole release consideration hearing at the end of the continuance.

Last updated February 18, 2026 at 8:22 AM

History

Effective: July 11, 2016
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-21 Revocation of release if releasee recommitted for new offense.

(A) The adult parole authority shall revoke the release of any releasee who is recommitted to the department of rehabilitation and correction to serve a prison term for a felony sentence imposed upon him by any court in Ohio for an offense he committed while on any release granted by the adult parole authority or serving a period of parole supervision.

(B) This revocation is accomplished by the issuance of minutes by the adult parole authority after it has verified that the sentence was imposed for an offense that occurred while the prisoner was under release status.

(C) If the prisoner was on release from a definite sentence only, is recommitted to serve a definite sentence or sentences, and is not serving any indefinite sentence, no further release consideration will occur and the offender shall serve the balance of the aggregate definite sentence, diminished pursuant to rule 5120-2-04 of the Administrative Code, unless the prisoner becomes eligible for release on transitional control.

(D) If the prisoner was on release from an indefinite sentence or one or more sentences for which he is recommitted is an indefinite sentence, he will be scheduled for a parole release hearing when eligible pursuant to rules 5120-2-03 and rule 5120:1-1-13 of the Administrative Code.

(E) If the prisoner was on release for an indefinite sentence and one or more sentences for which the prisoner is recommitted is a definite sentence, the prisoner will be scheduled for a parole release hearing upon the expiration of the stated term on the definite sentence unless the definite sentence is longer than the maximum expiration of sentence date on the original indefinite sentence.

(F) The foregoing procedures do not apply to the class identified in the consent decree appended to the reported decision of Kellogg v. Shoemaker No. 2-90-CV-606 (S.D. Ohio). The procedures for this class are set forth in that consent decree.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-22 Confinement of mentally ill and intellectually disabled releasees.

(A) Whenever a supervising officer has reason to believe, based upon reliable information or observation, that an offender appears to be mentally ill or intellectually disabled and in need of treatment which requires hospitalization or other special care, such information shall be immediately brought to the attention of the unit supervisor, who for purposes of this rule will be a designee of the chief of the adult parole authority. The unit supervisor will immediately evaluate the information and determine a course of action to insure that the rights of the community members and of the offender are fully protected.

(B) In determining an appropriate course of action, the least restrictive alternative shall be pursued while giving full consideration to the dangerousness of the offender to himself and to others. The following shall be considered by the unit supervisor when making that determination:

(1) Whether hospitalization or special care is required; or

(2) Whether to apply appropriate special conditions of release and continue supervision; or

(3) Whether to arrange outpatient treatment at a suitable community facility; or

(4) Whether to arrange for care and treatment at a suitable community residential treatment center for mentally ill or intellectually disabled persons; or

(5) Whether to arrange for voluntary admission to a hospital; or

(6) Whether to arrange for family, guardian, or other suitable person to file an affidavit for involuntary hospitalization in accordance with section 5122.11 of the Revised Code for mentally ill releasees or an affidavit for involuntary institutionalization in accordance with section 5123.71 of the Revised Code for intellectually disabled releasees; or

(7) Whether to arrange for an evaluation and, if appropriate:

(a) Commitment by the evaluator pursuant to section 5120.10 of the Revised Code (mentally ill releasees); or

(b) Filing of an affidavit, with certification, by the unit supervisor pursuant to section 5122.11 of the Revised Code (mentally ill releasees); or

(c) Filing of an affidavit, with certification, by the unit supervisor pursuant to section 5123.71 of the Revised Code (intellectually disabled releasees).

(8) Whether to arrange for a law enforcement officer to commit the releasee pursuant to section 5122.10 of the Revised Code (mentally ill releasees); or

(9) Whether to contact the chief, adult parole authority, or designee, for approval to file an affidavit, without certification, pursuant to section 5122.11 of the Revised Code (mentally ill releasees); or

(10) Whether to cause the arrest of the releasee in accordance with rule 5120:1-1-31 of the Administrative Code and pursue revocation of release pursuant to rule 5120:1-1-17 of the Administrative Code.

(C) Upon the supervising officer and unit supervisor concluding that the offender has a "mental illness" " as defined by section 5122.01 of the Revised Code or is a "person with an intellectual disability subject to court order," as defined by section 5123.01 of the Revised Code, and that parole revocation is inappropriate at that time, the unit supervisor shall immediately pursue one of the following courses of action and immediately submit a report to the chief, adult parole authority, or his designee, with full particulars:

(1) Persuade the offender to voluntarily admit himself to a mental hospital; or

(2) Request the offender's family to file an affidavit pursuant to section 5122.11 of the Revised Code (mental illness); or

(3) Request a law enforcement officer to admit a mentally ill releasee pursuant to section 5122.10 of the Revised Code; or

(4) File an affidavit with certification pursuant to section 5122.11 of the Revised Code (mentally ill) or section 5123.71 of the Revised Code (intellectual disability); or

(5) File an affidavit pursuant to section 5122.11 of the Revised Code (mentally ill) or section 5123.71 of the Revised Code (intellectual disability) () without certification, if approval has been received by the chief, adult parole authority, or his designee.

(D) In the event of an emergency where time does not permit prior notification to the unit supervisor, or the chief, adult parole authority, or his designee, pursuant to paragraph (A) of this rule, the supervising officer is authorized to:

(1) Seek to cause the commitment of a mentally ill releasee by a law enforcement officer pursuant to section 5122.10 of the Revised Code; or

(2) Cause the commitment of the releasee pursuant to section 5122.11 of the Revised Code.

(E) Summary action by a supervising officer pursuant to paragraph (B) shall be immediately communicated to the chief, adult parole authority, or his designee, through the unit supervisor with full particulars in writing for review and final action.

(F) No affidavit for involuntary hospitalization shall be filed without a certification by a psychiatrist or a licensed clinical psychologist and licensed physician unless:

(1) The offender refuses to be evaluated; or

(2) The offender represents a substantial, imminent risk of physical harm to himself or others and commitment pursuant to section 5122.10 of the Revised Code is not possible.

(G) No affidavit for involuntary hospitalization, without certification, shall be filed until approval for filing has been granted by the chief, adult parole authority, or his designee, except as noted in paragraph (D) of this rule. Whenever an affidavit is filed without certification, a report will be immediately forwarded to the chief, adult parole authority, or his designee, with full particulars as to why hospitalization is necessary, including documentation as to why certification was not possible.

(H) Whenever an offender is being evaluated for confinement at a mental institution or other mental health program, or is committed to an institution or facility, the appropriate mental health personnel shall be furnished:

(1) A copy of the written report prepared by the unit supervisor pursuant to paragraphs (C) and (E) of this rule; and

(2) Copies of relevant diagnostic reports in the files of the department of rehabilitation and correction.

(I) If an offender is committed to an inpatient facility of the department of mental health and addiction services or the department of developmental disabilities, the care and custody of the offender shall be administratively transferred from the department of rehabilitation and correction to the department of mental health and addiction services or the department of developmental disabilities.

(J) Upon certification by the director of the department of mental health and addiction services or the director of the department of developmental disabilities to the chief, adult parole authority or his designee, that the offender is recovered or is in need of less restrictive care and treatment, the chief, adult parole authority, or his designee, shall:

(1) Return the offender to his former status; or

(2) Re-evaluate the appropriateness of revocation proceedings; or

(3) Change the terms and conditions of release pursuant to rule 5120:1-1-12 of the Administrative Code.

(K) In the event the offender is found not to be mentally ill or a person with an intellectual disability subject to court order, the unit supervisor, in consultation with the supervising officer, shall:

(1) Return the offender to his former status; or

(2) Re-evaluate the appropriateness of revocation proceedings; or

(3) Change the terms and conditions of release pursuant to rule 5120:1-1-12 of the Administrative Code.

Last updated February 11, 2025 at 10:21 AM

History

Effective: May 1, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-23 Verification of sex offender registration.

(A) Within three days of an offender's release on supervision, the adult parole authority will verify that sexually oriented and child-victim oriented offenders register personally with the sheriff. Verification will be made in accordance with divisions (A)(2) and (A)(3) of section 2950.04 of the Revised Code or in divisions (A)(2) and (A)(3) of section 2950.041 of the Revised Code, whichever is applicable.

(B) A sheriff of the county to which an offender will be released may opt in to receive notification of all qualifying impending releases as set forth in division B of Section 2950.042 of the Revised Code by following instructions posted on the Ohio department of rehabilitation and correction website at https://drc.ohio.gov.

Last updated September 25, 2026 at 5:15 PM

History

Effective: October 10, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-31 Detainers.

(A) The department of rehabilitation and correction shall have the authority to file a detainer against an offender or otherwise cause the arrest of an offender by the issuance of a detainer whenever there is reasonable cause to believe that such offender has violated or is about to violate any of the terms or conditions of his supervision or sanction and commits an overt act toward such violation.

(B) If such offender is not within the state of Ohio and has been placed under supervision or sanction pursuant to the interstate compact for adult offender supervision, he or she shall be returned to Ohio pursuant to such act. The Extradition of Fugitives Act shall apply when the offender leaves the state of Ohio without lawful authority.

(1) In the event such offender is within the lawful custody of an Ohio law enforcement agency or facility, the detainer shall be filed in a manner described by the policies of the department of rehabilitation and correction and the division of parole and community services.

(2) In the event such offender is not within the lawful custody of an Ohio law enforcement agency or facility, the offender's arrest shall be ordered by the issuance of a warrant to the appropriate law-enforcement agency. A detainer may be issued based on the adult parole authority's investigation as well as risk to the community.

(D) When a supervising officer of the department of rehabilitation and correction has received any information which gives the officer reasonable grounds to believe that an offender has violated, or is about to violate, any of the terms or conditions of his supervision or sanction and commits an overt act toward such violation, a detainer may be filed by the adult parole authority.

At any time after the filing of or issuance of a detainer against an offender, the chief of the adult parole authority, or designee, may, revoke and cancel such detainer, and take such other action as may be deemed appropriate.

(E) In making the decision to issue a detainer pursuant to paragraph (D) of this rule, the following shall be considered:

(1) The type of release for which the offender is under adult parole authority supervision;

(2) If the offender is under post release control (PRC) supervision, available prison sanction time must be verified and documented in the adult parole authority approved electronic system If no prison sanction time is available, the adult parole authority unit shall not lodge the detainer;

(3) The risk level of the offender and severity of violation behavior, overall history of the offender, the strength and seriousness of the allegation, and the proximity or danger to victims;

(4) The risk of the offender harming himself or herself or others and the risk to the community;

(5) Considerations of local factors, such as available jail space, transportation issues, targeted high crime areas, or special projects approved by the superintendent of field services.

Last updated September 25, 2026 at 4:51 PM

History

Effective: October 5, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-33 Release to state or federal detainer.

(A) No inmate shall be released from an institution when a detainer has been placed against the inmate by lawful authorities to answer for criminal charges or completion of sentence within the jurisdiction of such authorities, except pursuant to this rule and:

(1) Interstate agreement on detainers, section 2963.30 of the Revised Code.

(2) The procedures in section 2941.401 of the Revised Code.

(B) At least thirty days prior to the scheduled release of any such inmate, notification of the pending release date shall be communicated to the authority that placed the detainer. Such notice shall be given without regard to whether or not the release is pursuant to rule 5120:1-1-10 of the Administrative Code or upon completion of maximum sentence.

(C) Inmates subject to detainer upon completion of maximum sentence shall be released on the date specified. In no event shall such inmate remain in custody of the department of rehabilitation and correction beyond the expiration date of sentence upon request of the detaining authority or otherwise.

(D) Inmates otherwise eligible for release pursuant to rule 5120:1-1-10 of the Administrative Code may, at the discretion of the parole board, be released:

(1) Subject to notification to a detaining authority that the inmate is to be released. Failure of the detaining authority to notify the managing officer of the holding institution of its intent to take the inmate into custody shall result in the removal of the detainer.

(2) Subject to enforcement of a detainer as a precondition of release. Failure of the detaining authority to make arrangements to take such releasee into custody on the scheduled date of release, unless extended by the parole board upon request, will cause the removal of the detainer. The inmate shall be notified of such conditional release, and the consequences of such failure, pursuant to paragraph (D) of rule 5120:1-1-10 of the Administrative Code.

(E) If the detainer is from another state and the inmate has declined to waive extradition, the inmate shall be delivered on the scheduled release date to the sheriff of the county in which the inmate is incarcerated pending extradition to the detaining authority.

(F) Release on detainer pursuant to this rule shall be at no expense to the state of Ohio.

Last updated February 18, 2026 at 8:22 AM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-34 Return to Ohio on a detainer.

(A) An offender under adult parole authority supervision who is in violation of his or her conditions of supervision or sanction and is apprehended outside the state of Ohio and held in the custody of an arresting or confining authority may be released to an Ohio detainer, placed against such offender pursuant to rule 5120:1-1-31 of the Administrative Code.

(B) Upon receipt of notification that an offender subject to an Ohio detainer is about to be released, the chief of the adult parole authority, or his or her designee, in his or her discretion, shall either order the return of the offender to Ohio to the supervision and custody of the department of rehabilitation and correction, or, if applicable, reinstate the offender to supervision or to a sanction.

(C) Such offender may be reinstated to supervision or returned to Ohio to serve a sentence, prison term, or an appropriate sanction. Return shall be pursuant to:

(1) The interstate compact for the supervision of parolees and probationers; or

(2) The Uniform Extradition Act; or

(3) A free and voluntary waiver of extradition signed by such offender.

(D) Upon return of the offender to Ohio, rules governing the processing of offender violations shall apply, as well as all rules concerning reinstatement of the offender to supervision or to an appropriate sanction.

(E) All lawful costs incurred in confining the offender pending return of the offender to Ohio shall be borne by the department of rehabilitation and correction.

(F) The provisions set forth in this administrative rule shall not apply to probationers or community control offenders under the supervision of the adult parole authority.

Last updated February 18, 2026 at 8:23 AM

History

Effective: March 22, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-35 Contracts for the transportation of inmates.

(A) The adult parole authority, in order to discharge its duties under Chapters 2967. and 5149. of the Revised Code, may enter into a contract with a private person or entity for the return of Ohio prisoners who are the responsibility of the department of rehabilitation and correction from outside of this state to a location in this state specified by the adult parole authority. Pursuant to division (E) of section 311.29 of the Revised Code, this rule is applicable to contracts entered into between a private person or entity and a county sheriff, for the transportation of prisoners who are the responsibility of the county sheriff.

(B) Any contract entered into under this rule shall incorporate the mandatory standards expressed in this rule. Any private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall maintain compliance with these standards throughout the term of the contract.

(1) Eighty hours of preservice training which shall minimally include:

(a) Unarmed self defense: eight hours

(b) Use of force: four hours

(d) Non-lethal weapons: six hours

Four hours - chemical agents

Two hours - non-lethal shotgun

(e) Firearms: ten hours

(f) Transportation of prisoners: twenty hours

(g) Searches: two hours

(h) Map reading: three hours

(i) Defensive driving: four hours

(j) First-aid/cpr: eight hours

(D) Physical standards for vehicles used in the return of prisoners:

(1) Vehicles utilized to transport prisoners shall be in good operating condition, with current maintenance and repair records on file, and meet the following minimum criteria:

(a) Separate and safely secure the driving team from the prisoner.

(b) Doors and windows unable to be opened from the inside of the prisoner compartment.

(d) Operational heater and air conditioner for the entire vehicle.

(e) Equipped with some form of mobile communication.

(f) Readily identifiable by air as prisoner transport vehicles.

(g) Maintain manufacturer's recommended occupancy rating.

(E) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall maintain compliance with the federal motor carrier safety administration regulation 395.3 regarding maximum driving time for employees, and any revision, amendment or modification of that regulation.

(F) Standards of financial responsibility:

(1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall obtain, and maintain for the duration of the contract term, a policy of liability insurance with sufficient coverage to protect the state of Ohio to cover all injuries, deaths, or loss to persons or property that arise from, or is related to, its return of prisoners.

(2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall indemnify and hold harmless the department of rehabilitation and correction and all state officers and employees for liabilities which arise in connection with the services performed under the contract and are in any way related to the services rendered in the performance of the contract.

(3) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall provide a performance bond in the amount of ten percent of the total contract price. The purpose of the bond is to ensure proper performance by the contractor. The bond shall be payable to the treasurer, state of Ohio. The bond shall remain in effect for the duration of the awarded contract and any extensions thereto, and shall comply with any other applicable requirements of the Ohio department of administrative services.

(G) Standards for pre-employment practices:

(1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require a pre-employment criminal records check, at the federal state and local levels, for employees who would actually engage in the return of prisoners, and shall not hire an individual with a record of a conviction for any felony, any sex offense, an offense of domestic violence, two or more misdemeanor drug offenses, or any other offense which disqualifies the prospective employee from carrying a firearm.

(2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require a pre-employment drug screen for employees who would actually engage in the return of prisoners, and shall not hire an individual who tests positive for a controlled substance. The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall have a written policy for, and maintain a practice of random drug testing of employees in accordance with applicable state laws.

(H) Operational standards:

(1) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall have twenty-four hour operational staff and equipment to constantly monitor activities in the field and have on-board, constant communication capability with vehicles in the field.

(2) The private person or entity with whom the adult parole authority contracts for the return of Ohio prisoners shall require that officers and employees that actually engage in the return of prisoners to be certified by an appropriate certification entity in cardio-pulmonary resuscitation (CPR) and first aid.

(I) Contract standards: Any contract entered into under this rule shall incorporate the mandatory standards expressed in this rule and shall include the following provisions:

(1) Specific provisions that assign the responsibility for costs related to medical care of prisoners while they are being returned that is not covered by insurance of the private person or entity.

(2) Specific provisions that set forth the number of days, not exceeding ten, within which the private person or entity, after it receives the prisoner in the other state, must deliver the prisoner to the location in this state specified by the adult parole authority, subject to the exceptions adopted as described in paragraph (I)(3) of this rule.

(3) Specific provisions that set forth any exceptions to the specified number of days for delivery specified as described in paragraph (I)(2) of this rule.

(4) A requirement that the private person or entity immediately report all escapes of prisoners who are being returned to this state, and the apprehension of all prisoners who are being returned and who have escaped, to the adult parole authority and to the local law enforcement agency of this state or another state that has jurisdiction over the place at which the escape occurs;

(5) A schedule of fines that the adult parole authority shall impose upon the private person or entity if the private person or entity fails to perform its contractual duties, and a requirement that, if the private person or entity fails to perform its contractual duties, the adult parole authority shall impose a fine on the private person or entity from the schedule of fines and, in addition, may exercise any other rights it has under the contract.

(6) Two agents per vehicle with an agent to prisoner ratio of no more than one to six.

(7) The presence of at least one female officer when transporting female prisoners.

(8) A requirement that prisoners are appropriately secured during transport, which includes leg restraints and double-locked hancuffs.

(9) A requirement that the private person or entity notify local law enforcement officials within twenty-four hours in advance of any scheduled stops within their jurisdiction.

(10) A requirement that officers or agents engaged in the return of prisoners wear a uniform with an identifying insignia or badge identifying the officer or agent as a transport officer.

(11) A requirement that prisoners being transported wear uniforms that make them readily identifiable as prisoners.

(12) A requirement that, if commercial air transportation is used to transport prisoners, that the entity comply with all applicable FAA regulations concerning the transportation of prisoners.

(J) If the private person or entity that enters into the contract fails to perform its contractual duties, the adult parole authority shall impose upon the private person or entity a fine from the schedule described in paragraph (I)(5) of this rule. The money paid in satisfaction of the fine shall be paid into the state treasury, and the adult parole authority may exercise any other rights it has under the contract. If a fine is imposed under the contract entered into pursuant to this rule, the adult parole authority may reduce the payment owed to the private person or entity pursuant to any invoice in the amount of the fine.

(K) This rule does not apply to any out-of-state prisoner who is brought into this state to be housed pursuant to section 9.07 of the Revised Code in a correctional facility in this state that is managed and operated by a private contractor.

Last updated February 18, 2026 at 8:23 AM

History

Effective: November 14, 2008
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-36 Parole board records.

(A) Documents of the adult parole authority, including the parole board, shall be subject to rule 5120-9-49 of the Administrative Code.

(B) In addition, and subject to the same limitations, the following documents of the adult parole authority, including the parole board, shall be deemed public records: determinations, orders, minutes, and records of attempts to provide notice to any individual or entity other than a victim made by the adult parole authority including the parole board, in connection with any hearing required by law or division 5120:1 of the Administrative Code.

(C) As used in this rule "parole board record" means any record that is provided to or considered by the parole board in making its decisions and any record prepared by the parole board in carrying out its responsibilities under the Revised Code.

(D) Notwithstanding paragraph (B) of this rule, the following non-public parole board records shall be made available to representatives of approved media organizations, government officials, victims of any offense of commitment or a subsequent parole violation, or a licensed attorney at law designated by the victim or the inmate under the conditions and according to the procedures set forth in this rule:

(1) Parole board decision sheets

(2) Parole board criminal history risk score when administered

(3) Hearing officer sanction receipt

(4) Revocation order

(5) Post-release control result notification

(6) Parole candidate information sheets

(E) Non-public parole board records shall also be made available to members of the public under the conditions and according to the procedures set forth in this rule, except that inmates who are serving a prison term in an institution operated by the department of rehabilitation and correction and parolees or persons under transitional control, post-release control or any form of authorized release under the supervision of the adult parole authority are ineligible to receive non-public parole board records of other inmates.

(F) Non-public parole board records may be made available after a written request is received which specifically identifies the records being requested. The request shall be granted unless the disclosure of the records would foreseeably result in harm to any person, would present a security risk to any institution or other facility or would materially interfere with the achievement of a fair parole hearing.

(G) Prior to making any non-public parole board record, as specified in paragraph (D) of this rule, available for inspection, the department of rehabilitation and correction shall review the requested record for information which if released could present a security risk to any institution operated by the department or could jeopardize the safety of any department personnel. The department shall also review non-public parole board records for documents that identify the victim of a crime committed by the offender, or contain statements made by informants, statements made by prosecuting attorneys and judges concerning the offender, witness protection information, inmate separation information, juvenile criminal history and diagnostic and testing information of the offender.

(H) A request for the production of non-public parole records may be denied if a request for the same information from the same requester was granted within the preceding twelve-month period.

(I) Any portion of a non-public parole board record that contains information outlined in paragraph (F) or (G) of this rule shall not be released.

(J) The department may require all persons, except those requesting the copies for official government business, to pay for the cost of copies of non-public parole board records in advance. All requests for copies of non-public parole board records shall be sent to the bureau of records management at the department's central office. After receiving the request in writing, an invoice for the cost shall be prepared by the bureau and sent to the person making the request. The cost for any request shall be five cents per page for copies, plus a charge for any postage. The bureau shall send the requested records after receiving a check or money order payable to treasurer, state of Ohio, for the amount stated on the invoice.

Last updated April 18, 2023 at 8:30 AM

History

Effective: April 16, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-37 Authority to carry firearms.

(A) All personnel of the adult parole authority eligible by statute may carry firearms in the performance of their duties with the adult parole authority as authorized by this rule.

(B) No firearms may be carried by such personnel of the adult parole authority without certification as designated by the chief of the adult parole authority.

(C) Employees must satisfy all firearm training requirements and obtain all necessary firearm certifications in accordance with department policy.

(1) Employees carrying firearms shall use the firearm that meets the specifications determined by the chief of the adult parole authority.

(2) Employees authorized to carry firearms shall use the specified ammunition supplied by the agency.

(D) Employees shall carry their firearm concealed or unconcealed on their person in accordance with department policy while acting under authority of this rule.

(E) No firearm shall be authorized to be carried pursuant to this rule until:

(1) Annual qualification of the applicant in the use of a firearm is certified by a department of rehabilitation and correction certified firearms instructor.

(2) An annual inspection of the firearm has been completed.

(F) Permission to carry a firearm may be withdrawn in the discretion of the chief of the adult parole authority at any time.

(G) If a firearm is discharged during the performance of an employee's duties, it must be reported immediately.

Last updated February 18, 2026 at 8:23 AM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-39 Use of force.

(A) Parole officers in the exercise of their legal duties as supervisors of a large number of parolees, releasees, and community control offenders, some of whom have a history of aggressive violent behavior, may occasionally be confronted with situations which make it necessary to use force. This administrative regulation specifies the circumstances under which force may be used lawfully.

(B) As used in this administrative regulation:

(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(2) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death of any person.

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

(4) "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 which carries a substantial risk of death.

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

(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 or prolonged or intractable pain.

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

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

(C) An officer is authorized to use force, other than deadly force, when and to the extent he or she reasonably believes that such force is necessary. There are five general situations in which an officer may legally use force against a parolee, releasee, or community control offender.

(1) Self-defense from an assault by a parolee, releasee, or community control offender.

(2) Defense of third persons, such as other employees, individuals under supervision, or by-standers, from an assault by a parolee, releasee or community control offender.

(3) Controlling or subduing a parolee, releasee, or community control offender who refuses to comply with a condition of supervision.

(4) Prevention of a crime.

(5) Prevention of an escape.

(D) Physical harm to persons shall not be used as punishment.

(E) Generally, an officer acting within the scope of his or her duties, is authorized to use deadly force, when and to the extent he or she reasonably believes that such force is necessary to defend oneself or another person from serious physical injury or death.

(F) The use of chokeholds or other vascular neck restraints is prohibited in all circumstances except when officers are justified in using deadly force to defend themselves or others from serious physical injury or death.

(G) Whenever possible, an oral warning shall be given prior to the use of deadly force or when the circumstances may produce physical harm or serious physical harm to a releasee or community control offender.

(H) When force of any kind is exerted on a releasee or community control offender, an unusual incident report shall be submitted within twenty four hours to the chief of the adult parole authority.

Last updated February 18, 2026 at 8:23 AM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-1-40 Medical release.

(A) As used in this rule:

(1) "Imminent danger of death" means that the inmate has a medically diagnosable condition that will cause death to occur within a short period of time. "Within a short period of time" means generally within six months.

(2) "Medically incapacitated" means any diagnosable medical condition, including mental dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing activities of daily living without significant assistance, that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, that is likely to continue throughout the entire period of parole, and that is unlikely to improve noticeably. "Medically incapacitated" does not include conditions related solely to mental illness unless the mental illness is accompanied by injury, disease, or organic defect.

(3) "Terminal illness" means a condition that satisfies all of the following criteria:

(a) The condition is irreversible and incurable and is caused by disease, illness, or injury from which the inmate is unlikely to recover;

(b) In accordance with reasonable medical standards and a reasonable degree of medical certainty, the condition is likely to cause death to the inmate within twelve months;

(c) Institutional confinement of the inmate does not offer additional protections for public safety or against the inmate's risk to reoffend.

(B) No inmate is eligible for release under this section if the inmate is serving a death sentence, a sentence of life without parole, a sentence under Chapter 2971. of the Revised Code for a felony of the first or second degree, a sentence for aggravated murder or murder, or a mandatory prison term for an offense of violence or any specification described in Chapter 2941. of the Revised Code

(C) Whenever it comes to the attention of an attending physician that an inmate may be in imminent danger of death because of a medical condition, medically incapacitated or terminally ill, that physician shall provide to the head of the institution a certificate indicating that the inmate is in imminent danger of death, medically incapacitated or terminally ill, and a separate statement generally describing the inmate's medical condition.

(D) Upon receipt of the certificate and statement from the attending physician, the managing officer of the institution shall cause an institutional summary report to be completed.

(E) Upon receipt of the background report, the managing officer of the institution shall determine whether to recommend release as if on parole.

(1) Whenever such decision is to recommend release as if on parole, the managing officer of the institution shall place the recommendation in a signed and dated written statement to the governor and immediately forward it to the director's office, together with the attending physician's certificate and statement and the institutional summary report.

(2) If the inmate involved has had a first statutory hearing by the parole board at the time the managing officer makes a decision to recommend release as if on parole, the managing officer shall also forward the recommendation and information about the severity of the inmate's condition to the parole board chair.

(F) Upon receipt of the head of the managing officer's statement, the background report, and the attending physician's certificate and statement, the director's office may request that the superintendent of the adult parole authority or institution medical staff conduct an investigation to determine whether there is appropriate community placement for the inmate and whether there is any other additional information that may assist the governor in deciding whether to grant release as if on parole to the inmate. If requested, a written report detailing the results of the investigation shall be submitted to the director's office within ten business days.

(G) The director's office shall forward the assembled documents, always including the head of the institution's recommendation and attending physician's certificate, to the governor.

(H) If the governor orders release as if on parole, upon receipt of the order by the institution where the inmate is confined, the inmate may be released as if on parole. Terms and conditions of such release shall be made a part of the inmate's file.

(I) When the parole board chair receives a recommendation to release as if on parole from a managing officer, the parole board chair shall review the material submitted by the head of the institution and cause the matter to be considered by the parole board.

(1) The decision whether or not to rehear the matter prior to the next scheduled hearing date rests within the sound discretion of the parole board.

(2) If after a hearing, in accordance with rule 5120:1-1-11 of the Administrative Code, the parole board elects to release the inmate, a release shall be effective as soon as placement can be arranged and approved.

Last updated February 18, 2026 at 8:23 AM

History

Effective: March 22, 2021
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-41 Standards for imposing, modifying and reducing post-release control.

(A) The parole board shall review journal entries of offenders sentenced to a prison term for an offense committed on or after July 1, 1996, to determine if post-release control sanction(s) will be imposed and in effect upon the prisoner's release from imprisonment. Post-release control will be imposed consistent with the journal entry and may be modified, reduced, or terminated in accordance with section 2967.28 of the Revised Code.

(B) Sanctions imposed by the parole board shall be commensurate with the overriding purposes of felony sentencing to protect the public from future crime by the offender and others, to punish the offender, and to promote the effective rehabilitation of the offender, or to accomplish any other purpose authorized by section 2929.11 of the Revised Code. Sanctions may include the enforcement of financial sanctions imposed by the sentencing court.

(C) When imposing sanctions for post-release control, the parole board shall make its determinations based on available information pertaining to:

(1) The offender's criminal history;

(2) The offender's conduct while imprisoned;

(3) Any recommendation provided by the office of victim services regarding post-release control sanctions

(4) The results of a validated risk assessment, when available.

(D) When imposing sanctions for post-release control, the parole board may also consider available information pertaining to the following:

(1) Available supervision resources, including, but not limited to, available beds in community residential sanctions, available community non-residential treatment options, and officer caseloads;

(2) Any other information that the parole board deems relevant.

(E) The adult parole authority may modify post-release control sanction by imposing a more or less restrictive sanction as necessary during the period of post-release control.

(1) At any time during the period of post-release control applicable to the offender, the adult parole authority may review the offender's behavior under the post-release control sanction(s) that was imposed by the parole board.

(2) The adult parole authority may determine that a more or less restrictive sanction is appropriate and may impose a different sanction.

(3) If the adult parole authority determines that an offender has violated a post-release control sanction, the adult parole authority may impose a more restrictive sanction pursuant to rule 5120:1-1-42 of the Administrative Code or may report the violation to the parole board for a hearing pursuant to division (F)(3) of section 2967.28 of the Revised Code.

(4) The adult parole authority shall not increase the duration of the offender's post-release control, or impose a residential sanction that includes a prison term, unless the parole board determines, at a violation hearing, that the offender violated a post-release control sanction or condition of supervision.

(5) The offender shall be notified in writing of any modification of a sanction.

(F) The post-release control term for all offenders, including offenders convicted of first degree felonies and sex offenses shall be subject to provisions set forth in section 2967.16 of the Revised Code.

(G) The adult parole authority may determine, based upon a review of the releasee's behavior under the post-release control sanctions, generally, guided by activities of the offender that tend to show that a reduction in the duration of post-release control is consistent with the purposes of felony sentencing, that the releasee has satisfactorily complied with the sanctions imposed, and if such a determination is made, the authority may recommend a less restrictive sanction, reduce the period of post-release control, or, no sooner than the minimum period of time required under section 2967.16 of the Revised Code, recommend that the parole board or court terminate the duration of the period of post-release control. In no case shall the board or court reduce the duration of the period of control imposed for a felony sex offense on or after September 30, 2021.

(H) If the maximum cumulative prison term for violations of post-release control (one-half of the stated prison term originally imposed) has been reached for an offender, the violation hearing officer of the parole board who determines that the offender should serve a prison term for the violation shall terminate the period of post-release control.

Last updated March 24, 2023 at 11:23 AM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-42 Designation of post-release control period as favorable or unfavorable when terminated.

(A) When an offender under a period of post-release control pursuant to section 2967.28 of the Revised Code has completed the period of post-release control, has the period of post-release control terminated by a court pursuant to section 2929.141 of the Revised Code, or has the period of post-release control terminated by a parole board hearing officer pursuant to paragraph (J) of rule 5120:1-1-41 of the Administrative Code, the adult parole authority may classify the termination of post-release control as unfavorable if the offender's conduct and compliance with the conditions of supervision is unsatisfactory in accordance with this rule. This designation shall be considered as a relevant factor in sentencing pursuant to section 2929.12 of the Revised Code if the offender is convicted of a felony offense subsequent to the completion or termination of the period of post-release control.

(B) In determining whether termination from post-release control is designated as unfavorable, the factors considered by the adult parole authority shall include any failure to comply with conditions, any failure to comply with sanctions imposed in response to violation behavior, the commission of any new offenses while under supervision, whether an offender has exhausted all available prison sanction time, and any failure to make good faith efforts to pay restitution or other financial sanctions, excluding supervision fees imposed under rule 5120:1-1-02 of the Administrative Code.

Last updated July 16, 2026 at 8:00 AM

History

Effective: January 27, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-1-70 Termination of the parole board's control over sexually violent predators.

(A) For purposes of this rule, "offender" means a sexually violent predator who is sentenced to a prison term pursuant to section 2971.03 of the Revised Code.

(B) If a court imposes an indefinite prison term consisting of a minimum term fixed by the court from among the range of terms available as a definite term for the offense, and a maximum term of life imprisonment, pursuant to division (A)(3) of section 2971.03 of the Revised Code, the parole board shall determine whether to terminate its control over the offender's service of the prison term pursuant to this rule. The parole board may not terminate its control over an offender's service of a prison term under this rule until after the offender has served the minimum term imposed as part of the prison term and until the parole board has determined that the offender does not represent a substantial risk of physical harm to others.

(C) As part of any determination pursuant to this rule, the parole board shall not consider the adequacy of the punishment imposed by the sentencing court. The parole board shall limit its consideration to determining whether the offender represents a substantial risk of physical harm to others.

(D) Prior to any review and determination by the parole board, the department shall prepare, pursuant to section 5120.61 of the Revised Code, a report that contains its risk assessment for the offender or, if a risk assessment report previously has been prepared, an update of the most recent risk assessment and report.

(E) The parole board chair or designee shall assign a parole board member to review the offender's case after the offender has served the minimum term imposed by the court. The parole board member shall determine whether to recommend that the parole board conduct a hearing to consider terminating control over the offender's service of the prison term. In making its determination, the parole board member shall consider the most recent risk assessment and report prepared by the department as set forth in paragraph (D) of this rule.

(F) In addition to the report as set forth in paragraph (E) of this rule, the panel may consider the following:

(1) The transcript of the proceedings held pursuant to section 2971.02 of the Revised Code, at which the court or the jury determined the sexually violent predator specification.

(2) Any pre-sentence investigation or offender background investigation reports that were prepared following the offender's conviction of the offense relating to the sexually violent predator specification.

(3) Any other information the parole board member deems appropriate.

(G) If the parole board member conducting the initial determination recommends that the case be heard by the full parole board, the parole board shall review the offender's case to determine whether to conduct a hearing. If a majority of the parole board recommends a termination of control hearing, one should be scheduled in accordance with paragraph (H) of this rule. Otherwise, the decision of the parole board member declining to terminate control will be recorded in the official minutes of the parole board, and the next determination will be scheduled in two years. Notice of the decision shall be sent to the offender.

(H) The hearing shall be conducted by at least a quorum of the members of the parole board. The following parties will be notified of the hearing date in writing at least twenty-one days in advance of the date of the hearing and will be permitted to appear and give testimony or to submit written statements.

(1) The prosecuting attorney of the county in which the sexually violent predator specification was determined.

(2) The judge of the court of common pleas that imposed the sentence of incarceration upon the offender, or that judge's successor.

(3) The offender and the offender's legal counsel. The offender may be present through the means of videoconferencing, as may be arranged by the department.

(4) The victim or victims of the offense or offenses, or their representative(s), if requested.

(I) At the hearing, the parole board shall consider the same information that was considered by the three-member panel pursuant to paragraph (E) of this rule, in addition to any statements or evidence presented by the parties listed in paragraph (H) of this rule, and may also consider information pursuant to paragraph (F) of this rule.

(J) A decision to terminate its control over the offender's service of the prison term shall require a majority vote of the parole board. If the parole board votes to terminate control, it shall immediately provide written notice of its termination of control to the department, the court, the prosecuting attorney, the offender and the victim or victims of the offense or their representative(s), if requested. If the parole board votes to terminate control over the offender's service of the prison term, the parole board shall also recommend to the court modifications to the requirement that the offender serve the entire prison term in a state correctional institution.

Following a decision by the parole board to terminate its control over an offender's service of the prison term, the department of rehabilitation and correction shall, upon the request of the prosecuting attorney or a law enforcement agency, provide to the requesting prosecuting attorney or agency an institutional summary report that summarizes the offender's training, work, and other rehabilitative activities during the offender's confinement. The report also shall summarize any disciplinary action taken against the offender during the offender's confinement.

(K) If the majority of the parole board members do not vote to terminate control over the offender's service of the prison term, the offender will be reviewed again as described by this rule in two years from the date of the hearing. The parole board may set a review date earlier than two years by majority vote.

Last updated April 18, 2023 at 8:30 AM

History

Effective: April 16, 2023
Promulgated Under: 119.03

Chapter 5120:1-3 Adult Parole Authority Licensed Facilities

Ohio Adm.Code 5120:1-3-01 Contracting and payment reimbursement for offenders placed in halfway houses.

(A) General policy

The department of rehabilitation and correction ("department"), through the division of parole and community services ("division"), may enter into the contracts for the housing of specific classes of eligible offenders through licensed public and private facilities (hereinafter "licensed facility" or "facilities").

(1) Such licensed facilities shall comply with all relevant standards of the federal, state and local building, fire, health and safety authorities, including but not limited to sections 109.23 to 109.33 of the Revised Code.

(2) Any licensed facility contracting with the division is required to maintain accurate financial records in a manner consistent with generally accepted accounting principles and procedures that are available upon reasonable notice for inspection and audit by representatives of the division and that disclose the amounts of all income received by the licensed facility and the sources thereof, and the amounts and purposes of all expenditures of the licensed facility. Additionally, each licensed facility contracting with the division will provide the division with copies of a complete annual audit report of its financial activities prepared by a reputable certified public accountant licensed by the state of Ohio and any other financial data as requested by the division.

(B) Purpose and applicability

This rule sets forth standards for determining the allowable costs of licensed facilities contracting with the division. The standards are for the purpose of cost determination and are not intended to identify the circumstances or indicate the extent of state participation in the financing of any one facility. No provision for profit or other increment above the cost is intended.

(1) Be necessary and reasonable for proper and efficient administration of the facility and be allowable thereto under this chapter.

(2) Be authorized or permissible under state or local laws or regulations.

(3) Conform to any limitations or exclusions set forth in this chapter, federal or state laws, or other governing limitations as to types or amounts of cost items.

(4) Be accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances.

(D) Allowable costs

(1) Accounting. The cost of establishing and maintaining accounting and other information systems required for the management of the facility is allowable.

(2) Advertising. Advertising media includes the internet, newspapers, magazines, radio and television , direct mail, trade papers and the like when used solely for:

(a) Recruitment of personnel required for the facility.

(b) Solicitation of bids for the procurement of goods and services required.

(d) Cost of solicitation mailing for the purpose of raising funds.

(3) Audit service. The cost of audits necessary for the administration and management of functions related to the facility is allowable.

(4) Bonding. Costs of premiums on bonds covering employees who handle facility funds are allowable.

(5) Communications. Costs incurred for telephone calls or services, internet services, and postage are allowable.

(6) Compensation for personal services.

(a) General. Compensation for personal services includes all remuneration, paid currently or accrued, for services rendered during the period of performance under the facility contract.

(b) Payroll and distribution of time. Amounts charged to facility programs for personal services, regardless of whether treated as direct or indirect cost, will be based on payrolls documented and approved in accordance with generally accepted practice of the state or local agency.

(7) Depreciation

(a) Facilities may be compensated for the use of buildings, capital improvements and equipment through depreciations. The computation of depreciation will be based on acquisition cost. Where actual cost records have not been maintained, a reasonable estimate of the original acquisition cost may be used in the computation. In addition, the computation will exclude the cost of land. Depreciation on idle facilities is not allowable.

(b) Facilities are responsible for maintaining adequate property records and any generally accepted method of computing depreciation may be used. However, the method of computing depreciation will be consistently applied for any specific asset or class of assets.

(8) Employee fringe benefits. Cost identified under paragraphs (D)(8)(a) and (D)(8)(b) of this rule are allowable to the extent that total compensation for employees is reasonable as stated in paragraph (D)(6) of this rule.

(a) Employee benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave and the like if they are provided pursuant to an approved leave system and the cost thereof is equitably allocated to all related activities.

(b) Employee benefits in the form of employer's contribution of expenses for social security, employee's life and health insurance plans, unemployment insurance coverage, worker's compensation insurance, pension plans, severance pay and the like, provided such benefits are granted under approved plans.

(9) Legal expenses. The cost of legal expenses required in the administration of the facility is allowable.

(10) Maintenance and repair. Costs incurred for necessary maintenance, repair, or upkeep of property which neither add to the permanent value of the property nor appreciably prolong its intended life, but keep it in an efficient operating condition are allowable.

(11) Materials and supplies. The cost of materials and supplies necessary to carry out programs and services within the facility is allowable.

(12) Organizational memberships, subscriptions and professional activities.

(a) Memberships. The cost of memberships of the licensed facility in civic, business, technical and professional organizations is allowable provided that:

(i) The benefit from the membership is related to the facility;

(ii) The expenditure is for facility membership:

(iii) The cost of the membership is reasonably related to the value of the services or benefits received; and

(iv) The expenditure is not for membership in an organization, which devotes a substantial part of its activities to influencing legislation.

(b) Reference material. The cost of books, subscriptions to civic, business, professional and technical periodicals is allowable when related to programs and services within the facility.

(c) Meetings and conferences. Costs are allowable when the primary purpose of the meeting is the dissemination of technical information relating to the facility.

(13) Payroll preparation. The cost of preparing payrolls and maintaining necessary related wage records is allowable.

(14) Printing and reproductions. Costs for printing and reproduction services necessary for facility administration, including but not limited to forms, reports, manuals and informational literature are allowable.

(15) Taxes. Taxes which the facility is legally required to pay are allowable.

(16) Training and education. The cost of in-service training customarily provided for employee development which directly or indirectly benefit programs and services within the facility and offenders is allowable.

(17) Transportation. Costs incurred for freight, cartage, express, postage and other transportation costs relating either to goods purchased, delivered, or moved from one location to another is allowable.

(18) Travel. Travel costs are allowable for expenses or transportation, lodging, subsistence and related items incurred by employees who are in travel status on official business incident to the facility.

(19) Accreditation cost. Accreditation cost is allowable in the year and for the amount vouchered. Accreditation costs are only allowable on a three-year basis.

(20) Costs incurred to satisfy minimum standards of the Prison Rape Elimination Act (PREA), 42 United States Code Chapter 147, effective September 4, 2003.

(E) Costs allowable with approval of the Ohio department of rehabilitation and correction. Under this paragraph, "approval" means written approval received from the division of parole and community services prior to incurring any of the following costs:

(1) Building space and related facilities. The cost of space in privately or publicly owned buildings used for the benefit of the facility is allowable subject to the conditions set forth below. The total cost of space, whether in a privately or publicly owned building, will not exceed the rental cost of comparable space and facilities in a privately owned building in the same locality.

(a) Rental cost. The rental cost of space in a privately owned building is allowable when specifically approved.

(b) Maintenance and operation. The costs of utilities, insurance, security, janitorial services, elevator service, upkeep of grounds, normal repairs and alteration and the like; are allowable to the extent they are not otherwise included in rental or other charges for space when specifically approved.

(c) Occupancy of space under rental purchase or a lease with option to purchase agreement. The cost of space procured under such arrangement is allowable when specifically approved.

(2) Insurance and indemnification.

(a) Contributions to a reserve for a self-insurance program approved by the department of rehabilitation and correction are allowable to the extent that the type of coverage, extent of coverage, and the rates and premiums would have been purchased to cover the risks.

(b) Actual losses which could have been covered by permissible insurance (through an approved self-insurance program or otherwise) are unallowable. However, costs incurred because of losses not covered under nominal deductible insurance coverage provided in keeping with sound management practice, and minor by insurance, such as losses not covered spoilage, breakage, and disappearance of small hand tools which occur in the ordinary course of business are allowable.

(3) Professional services. Cost of professional services rendered by individuals or organizations not a part of the licensed facility is allowable provided such costs are reasonable. All such costs are subject to approval by the division of parole and community services.

(4) Interest. Reasonable interest on borrowing, however represented, is allowable when specifically approved.

(F) Unallowable costs.

(1) Bad debts. Any losses arising from uncollectable accounts and other claims and related costs, are unallowable.

(2) Contingencies. Contributions to a contingency reserve or any similar provision for unforeseen events are unallowable.

(3) Contributions and donations are unallowable.

(4) Entertainment. Costs of amusements, social activities, and incidental costs relating thereto, such as for meals, beverages, lodging, rental transportation, and gratuities, are unallowable when they are directly for the benefit of employees of the facility.

(5) Fines and penalties. Costs resulting from violations of federal, state, or local laws or regulations, are unallowable.

(6) Expansion and development. Reserves for future expansion and development are unallowable.

(7) Rearrangement and alteration. Costs incurred for rearrangement and alteration of facilities that materially increase the value or useful life of the facilities are unallowable.

(8) Acquisition cost of all depreciable assets are unallowable.

(9) Costs for managing federal grants are unallowable.

(10) Mortgage payments which accrue to the principal are unallowable.

(11) All costs related to the administration and provision of services to other than eligible offenders are unallowable.

(12) If a licensed facility receives subsidy funds under sections 5149.30 to 5149.37 of the Revised Code, the costs related to those funds are unallowable.

(13) The licensed facility's cost for residential services shall be reduced by the amount of the subsidies received under sections 5149.30 to 5149.37 of the Revised Code if such subsidies are used to offset residential costs.

(14) Individual membership dues are unallowable as provided in section 9.65 of the Revised Code.

(15) Legal expenses arising from the initiation, prosecution or appeal of any civil action filed against the state of Ohio, the department or any of its employees are unallowable.

(16) Compensation paid by the licensed facility to members of its board of directors or other governing body are unallowable.

(G) Compensation for services

The department will compensate the licensed facility for the performance of services as set forth in the contract and applicable contract exhibits. In determining future compensation adjustments, the licensed facility will submit an annual report of all allowable costs/expenses that will be considered by the bureau of community sanctions.

(H) Contracts

(1) The division of parole and community services may enter into written contracts with licensed facilities to provide services to eligible offenders. Such contracts will provide for the method of payment by the department to the licensed facility.

(2) The execution of a written contract between the division of parole and community services and a licensed facility stating specifically the obligations of each party is a condition precedent to any obligation upon the department to make any payment to the licensed facility for any services rendered to an eligible offender by the licensed facility.

(3) As a condition precedent to the execution of any contract pursuant to paragraph (H)(1) of this rule the board of trustees or other governing body of each licensed facility will submit to the division of parole and community services a document designating the person who is empowered to enter into contracts on behalf of such licensed facility, and by whose signature such board of trustees or other governing body agrees to be bound.

(4) Contract negotiation materials for state financial assistance to establish, maintain, and operate a licensed facility will be submitted to the division of parole and community services. These materials will contain proposed budget expenditures for the total cost of operating the licensed facility for one year. Licensed facilities agree to operate the program as outlined in the submitted contract negotiation materials.

(I) Payment procedure

Based on the report submitted each month by the licensed facility, the department will pay the approved services per the contract terms.

(J) General requirements

(1) The licensed facility will require each offender to execute a document giving the employees of the licensed facility and the division of parole and community services permission to dispose of the offender's property in the event of death or arrest or otherwise specifying what should be done with the property in such event.

(2) The document executed under paragraph (J)(1) of this rule will authorize the licensed facility and the division of parole and community services to dispose of an offender's property in any manner that the facility and authority consider appropriate if the offender absconds supervision for longer than fourteen consecutive calendar days.

Last updated April 24, 2026 at 8:25 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-02 Licensing requirements for a halfway house or community residential center as a licensed facility.

(A) The division of parole and community services is charged with the inspection, supervision and licensing of facilities in accordance with section 2967.14 of the Revised Code.

(B) The division of parole and community services conducts annual on-site inspections of licensed facilities under contract with the division for the purpose of conducting program reviews or monitoring visits. Such visits are scheduled in advance with written notice to the person in charge of the licensed facility.

(C) During the inspection, program reviewers or designated staff employed by the division of parole and community services shall have full access to all areas of the licensed facility and to all records, including electronically stored record or data, relating to the operation of the facility, including offender files.

(D) The program reviewers or designated staff employed by the division of parole and community services ascertain compliance with the performance based standards.

(1) Within forty-five calendar days after a program review or monitoring visit, the division of parole and community services will prepare a written report of the results that describes and include a summary of any findings of noncompliance. The report will be sent to the person in charge of the licensed facility.

(2) In addition to the appeal rights granted under section 119.12 of the Revised Code, the division of parole and community services will allow the licensed facility to administratively appeal decisions . The appeal procedure is as follows:

(a) The licensed facility will be provided with a written report detailing the particulars of such failures or deficiencies.

(b) The licensed facility has the right to an administrative appeal following receipt of the written report, at which time evidence can be submitted to rebut, clarify, or correct particulars detailed in the written report.

(c) The division of parole and community services requires the licensed facility to correct these deficiencies through an acceptable plan of action and timetable to remedy these areas.

(3) An appeal of an adverse decision pursuant to paragraph (D)(2) of this rule does not affect the authority of the division of parole and community services to terminate a contract with a facility at any time pursuant to the terms of the contract.

(4) The scope of the administrative appeal authorized under paragraph (D)(2) of this rule is limited to reviewing an adverse decision on licensure and does not include challenging a decision by the division of parole and community services to terminate a contract with a licensed facility pursuant to the contract's terms or any other purpose.

(E) For facilities to be licensed, they must comply with the performance-based standards as required by the Administrative Code or have plans to remedy deficiencies as approved by the division of parole and community services.

(F) The public or private entity operating a licensed facility will be a legal entity or a part of a legal entity according to the provisions of Chapter 1702. of the Revised Code. The agency will maintain a copy of the following items:

(1) Articles of incorporation or constitution;

(2) By-laws;

(3) Federal tax identification number;

(4) Federal tax exemption number;

(5) A current list of the board of directors, their occupations, and their addresses.

Last updated April 24, 2026 at 8:25 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-03 Program review and site visit process.

(A) The facility director shall be notified when a program review or monitoring visit will be conducted.

(B) Once at the licensed facility, the team conducting the program review or monitoring visit shall meet with the facility director to explain the criteria that will be used in the program review or monitoring visit, the reason(s) for the program review or monitoring visit and any other relevant matter.

(C) The division of parole and community services may conduct unannounced site visits any time after formal licensing has been granted. Should the division conduct unannounced site visits, the notification requirement in paragraph (A) of this rule does not apply.

(D) The facility director shall make himself/herself available in the event the program review or monitoring visit team has any questions or needs additional information.

(E) In order for a halfway house, or community residential center to be eligible for licensure and state assistance, the agency must have operated a facility for at least one year prior to making application for a license unless the division of parole and community services permits an exemption.

Last updated April 24, 2026 at 8:23 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-05 Glossary of terms.

As used in rules 5120:1-3-01 to 5120:1-3-18 of the Administrative Code, the following terms have the following meanings:

(A) "Agency director": A person designated by the board of trustees or other governing body of the licensed facility as the principal executive officer of a community correctional center or other licensed facility.

(B) "Appointing authority": The deputy director of the division of parole and community services.

(C) "Audit report": A report prepared by a certified public accountant of an agency's fiscal activities, including, but not limited to, costs, income, and expenditures.

(D) "Licensed": The formal acknowledgment by the division of parole and community services that a halfway house or community residential center operates a licensed facility.

(E) "Licensing agency": The division of parole and community services vested with statutory and administrative authority to establish standards for halfway houses and community residential centers and to determine whether an applicant meets those standards and therefore qualifies as a licensed facility.

(F) "Costs": As determined on a cash, accrual, or other basis as meeting the test of generally accepted accounting principles by the division of parole and community services, the amount paid for the operation of the licensed facility.

(G) "Documentation": The formal, official records of transactions and events for the purpose of verification and public accountability.

(H) "Eligible offender": Adult felony offenders who are actively supervised by the adult parole authority or common pleas court probation department, required by a court to seek treatment in lieu of conviction and actively supervised by a common pleas court probation department, or individuals released from a department of rehabilitation and correction penal institution. Eligible offenders do not include federal offenders, municipal offenders, or individuals supervised or released by the Ohio department of youth services.

(I) "Facility": The actual physical setting in which a program or agency functions.

(J) "Governing authority": That entity within an agency that has responsibility and authority to set policies and procedures.

(K) "Program review or monitoring team: Individuals employed by the division of parole and community services and/or other private or governmental entity personnel who have a contract agreement with the licensed facility. The program review or or site monitoring team shall be comprised of bureau of community sanction staff and/or other individuals, as approved by designated personnel within the division of parole and community services.

(L) "Institution": Any penal institution operated directly by the department of rehabilitation and correction or by a public or private agency in contract with the department of rehabilitation and correction that is used for the custody, care, or treatment of criminal offenders.

(M) "Manday": Each twenty-four hour period an eligible offender is in a licensed facility.

(N) "Offender": Any individual under the supervision of the division of parole and community services , under the supervision of a common pleas court, or incarcerated in a department of rehabilitation and correction institution.

(O) "Licensed facility": Includes, but is not limited to, halfway houses and community residential centers that have been licensed by the division of parole and community services to house eligible offenders.

(P) "Program director": The person responsible for the day-to-day operations of a licensed facility.

(Q) "Supervising authority": The entity designated to provide supervision to offenders.

(R) "Unusual incident": Any event having internal or external ramifications or news media interest of sufficient seriousness to warrant immediate attention. Such incidents include, but are not limited to, fires, assaults, property loss or damage, and events of an apparently criminal nature.

(S) "Adult parole authority (APA)": The section of the division of parole and community services that includes field services, the parole board, and interstate compact.

(T) "Bureau of community sanctions": The bureau in the division of parole and community services that includes oversight and funding of community-based correctional facilities, community corrections act programs, halfway houses , and community residential centers.

(U) "Division of parole and community services (DPCS)": The division of the department of rehabilitation and correction that includes field services, the bureau of community sanctions, the parole board, the bureau of adult detention, and the office of victim services.

(V) "Halfway house": A facility licensed by the department of rehabilitation and correction under section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.

Last updated April 24, 2026 at 8:25 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-06 Halfway house and independent housing licensing standards.

(A) The department of rehabilitation and correction (ODRC) establishes applicable performance-based general operating standards and minimum operating expectations for halfway houses and community residential centers licensed and funded by ODRC through the bureau of community sanctions.

(B) In accordance with applicable department policy, compliance will be determined by the bureau through site monitoring visits or program reviews. Unannounced site visits may be conducted at any time.

Last updated April 24, 2026 at 8:23 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-08 Halfway house community control admission standards.

(A) As used in this rule:

(1) "Community control offender" means an offender sentenced directly to a halfway house under a community control sanction or placed in a halfway house as an additional sanction imposed by the court upon the offender after the offender violates a condition of community control.

(2) "Ohio risk assessment system" means the single validated risk assessment tool identified in rule 5120-13-01 of the Administrative Code.

(3) "Community control revocation" means an entry journalized by a juvenile court, municipal court, county court, county municipal court, or court of common pleas in response to an offender's violation of a condition of community control and through which the court imposes a longer time under the same sanction, imposes a more restrictive sanction, or imposes a period of incarceration in response to the violation.

(B) This rule, including, but not limited to, the admission criteria identified in paragraphs (C)(1) to (C)(2) of this rule, applies only with respect to community control offenders and offenders in other programs as determined by the department as indicated in the contract.

(C) Subject to paragraphs (D) and (E) of this rule, a halfway house that receives funding from the department of rehabilitation and correction will be used as a residential community sanction only for those community control 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 was sentenced is a felony of the first degree or a felony of the second degree;

(D) The contract entered into between the department of rehabilitation and correction and the halfway house may identify an acceptable percentage of community control offenders placed in the halfway house during each quarter of the contract period that do not satisfy any of the admission criteria specified in paragraphs (C)(1) to (C)(2) of this rule. This percentage is hereinafter referred to as the "halfway house deviation cap." The halfway house deviation cap identified in any contract will not exceed twenty per cent of the total number of community control offenders admitted to the halfway house during each quarter of the contract period. In establishing the halfway house deviation cap, the department considers the availability of outpatient criminogenic programming in the jurisdiction or jurisdictions served by the facility. The contract will specify the amount by which the funding provided by the department to the halfway house will be reduced in accordance with paragraph (D) of this rule if the halfway house deviation cap is exceeded as described in that paragraph.

The commitment of the following community control offenders to a halfway house does not count against the halfway house deviation cap:

(1) Offenders receiving non-residential services provided by the halfway house, which are funded in whole or in part by the department. Each contract will identify the specific non-residential services that do not count against the halfway house deviation cap under this paragraph.

(2) Offenders committed to a halfway house 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.

(E) At the conclusion of the contract period, the department will measure compliance with any halfway house deviation cap established in the contract. In measuring that compliance, the department will determine the percentage of the total number of offenders committed to the halfway house during the contract period who do not satisfy any of the admission criteria specified in paragraph (C) of this rule nor fall within one of the categories of offender excluded from the halfway house deviation cap under paragraphs (D)(1) to (D)(3) of this rule. If that percentage exceeds the halfway house deviation cap in accordance with the contract requirements, the department may consider a reduction in funding for subsequent contracts.

Last updated April 24, 2026 at 8:25 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-3-18 Application process for program planner of halfway house construction projects.

(A) This rule establishes the minimum eligibility requirements and procedures for a "halfway house organization" as defined in section 5120.102 of the Revised Code, to apply for program planning funds for a halfway house facility as defined in section 5120.102 of the Revised Code, constructed by the department of rehabilitation and correction, in accordance with sections 5120.102 to 5120.105 of the Revised Code.

(B) If such funds are available, the department will engage in the competitive selection process for program planning of halfway house facility construction projects by eligible halfway house organizations. Program planner applicants will be required to respond in accordance with instruction and timelines described in the competitive selection process.

(C) The division of parole and community services shall review and recommend approval of competitively selected applicants to the department director based on, but not limited to, the following selection criteria:

(1) The program planner applicant has a site and/or owns a building that is under consideration with the department as a result of the halfway house organization responding to the department's request for proposals to site and build a halfway house facility in accordance with rule 5120-5-12 of the Administrative Code;

(2) Applicant has experience planning, building, operating and managing a halfway house facility;

(3) Applicant has the ability to develop programs and implement services which respond to the department's location priorities and target population;

(4) Applicant has knowledge and or experience working with community leadership within the sites designated by the department.

(5) Number of personnel and amount of time that will be devoted to the project; and

(6) The ability to operate once construction is completed based on, but not limited to, the following criteria:

(a) Organization's financial stability;

(b) Experience operating a facility;

(d) The cost of operation within the contract period.

The division's recommendation shall be within the available capital funding.

(D) If the applicant is approved, the director, through the division of parole and community services, may enter into a program planning contract with a halfway house organization which will establish terms and procedures for the planning of a halfway house facility.

Last updated February 18, 2026 at 8:23 AM

History

Effective: May 22, 1998
Promulgated Under: Ch 119.

Chapter 5120:1-5 Community Based Corrections Programs

Ohio Adm.Code 5120:1-5-01 Glossary of terms.

(A) "Local corrections planning board": A board established by resolution of the board of county commissioners of each county, pursuant to section 5149.34 of the Revised Code for the purpose of developing, implementing and operating a continuum of community control sanctions as defined by paragraph (E) of this rule.

(B) "Joint county corrections planning board": The board established by two or more counties with local corrections planning boards, as defined by paragraph (A) of this rule, pursuant to section 5149.35 of the Revised Code for the purpose of developing, implementing and operating a continuum of community control sanctions as defined by paragraph (E) of this rule.

(C) "Comprehensive plan": The working document developed by the local corrections planning board, as defined by paragraph (A) of this rule, or joint county corrections planning board, as defined by paragraph (B) of this rule, outlining the direction of the jurisdiction's community corrections initiatives. The plan is designed to unify and/or coordinate corrections services in the county or a group of counties and to reduce the number of persons committed from a county to state penal institutions and to county, multicounty, municipal, municipal-county or multicounty-municipal jails or workhouses.

(D) "Local corrections agencies": A county, multicounty, municipal, municipal-county, multicounty-municipal jail or workhouse or other jurisdictional facility (local jails or workhouses), or a probation department, which is responsible for developing, implementing and operating a continuum of community control sanctions, as defined by paragraph (E) of this rule, which is included in a comprehensive plan, as defined by paragraph (C) of this rule, and/or grant application submitted pursuant to rule 5120:1-5-03 of the Administrative Code.

(E) "Community control sanctions": Includes but is not limited to day reporting, electronic monitored house arrest, electronic monitoring without house arrest, house arrest without electronic monitoring, jail case management, community service, drug treatment programs, intensive supervision, basic supervision, monitored time, drug and alcohol use monitoring, curfew term, victim offender mediation, and placement in a halfway house, community-based correctional facility or the county jail or workhouse and other appropriate programs.

(F) "Sanction": A judicial or probation officer response levied or imposed upon an eligible offender, as defined by paragraph (G) of this rule, as a result of criminal behavior or violations of community control sanctions requirements.

(G) "Eligible offender": An individual convicted of an offense for which community control sanctions are authorized pursuant to sections 2929.15 to 2929.18 of the Revised Code.

(H) "Detainee": An individual charged with and/or convicted of an offense that has not been formally adjudicated. Such "detained" individuals include, but are not limited to: unsentenced felony offenders, unsentenced misdemeanants, probation and/or parole violators awaiting disposition, or individuals awaiting disposition of their charge.

(I) "Case record": A file, or electronic version of a file, established for each offender and maintained by the local corrections agency which includes, but is not limited to: the journal entry placing the offender into a community control sanction, conditions of supervision, supervision adjustment information, supervision contacts, and significant areas of concern (e.g., chemically dependent, mental health problems, sex offender, or other pertinent information).

(J) "Recidivism rate": An indicator to evaluate and measure the effectiveness of a community control sanction in keeping eligible offenders as defined by paragraph (G) of this rule, out of state penal institutions.

(K) "Continuation funding": A level of funding that will maintain existing program operations.

(L) "Expansion funding": A level of funding that will increase program operations for the purpose of diverting additional offenders.

(M) "Evidence-based": Practices that are consistent with research for the purpose of operating effective correctional programs.

(N) "ACA": The American correctional association.

Last updated April 8, 2022 at 8:27 AM

History

Effective: April 8, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-02 Establishment of joint county or local corrections planning boards and adoption of a comprehensive plan.

(A) If a county or a group of counties desire to receive funding from the department of rehabilitation and correction ("department") for the development, implementation and operation of a continuum of community control sanctions, then this rule establishes under what circumstances a planning board is required to be established and maintained by local corrections agencies, as well as the statutorily defined composition of such boards. This rule also establishes that a planning board is required to adopt a comprehensive plan to be included with a grant application in order to seek funding from the department for the development, implementation, and operation of community corrections programs.

(B) The board of county commissioners of a county shall establish, by a resolution as described in division (A)(1) of section 5149.34 of the Revised Code, and maintain a local corrections planning board.

The planning board shall be composed of certain classes of membership and ex-officio members which are specified in division (A)(1) of section 5149.34 of the Revised Code. However, if, for good cause, a county cannot satisfy this statutory requirement, the county must request, in writing, permission from the director of the department to waive the requirements to the extent necessary and approve a composition for the board that is otherwise consistent with the requirements.

The planning board shall adopt within eighteen months after its establishment, and periodically shall revise, a comprehensive plan for the development, implementation, and operation of corrections services in the county. In order to be eligible for funds from the department, the board shall design the plan, as set forth in paragraph (B) of rule 5120:1-5-03 of the Administrative Code, which shall be included with a grant application as set forth in paragraph (C) of rule 5120:1-5-03 of the Administrative Code. However, in certain circumstances, the department of rehabilitation and correction shall allow for waiver of the comprehensive plan.

(C) The boards of county commissioners of multiple counties may enter into an agreement for the joint development, implementation, and operation of a continuum of community control sanctions. Such counties shall establish and maintain a joint county corrections planning board.

Subject to the waiver provisions of paragraph (B) of this rule, the board shall consist of an equal number of members of each county's local corrections planning board as established and maintained under division (A)(1) or (A)(2) of section 5149.34 of the Revised Code.

The joint planning board shall adopt within eighteen months after its establishment, and periodically shall revise, a comprehensive plan for the development, implementation, and operation of corrections services in the group of counties. In order to be eligible for funds from the department, the board shall design the plan as set forth in paragraph (B) of rule 5120:1-5-03 of the Administrative Code, which shall be included with a grant application as set forth in paragraph (C) of rule 5120:1-5-03 of the Administrative Code.

Last updated March 24, 2023 at 11:23 AM

History

Effective: April 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-03 Eligibility for subsidies; requirements for comprehensive plan and grant application for corrections services.

(A) This rule establishes the minimum requirements local corrections agencies shall meet to be eligible for funding from the department of rehabilitation and correction ("department") for the development, implementation, and operation of a continuum of community control sanctions and the procedures to apply for such funding.

(B) Each local or joint county correction's planning board established pursuant to paragraphs (B) and (C) of rule 5120:1-5-02 of the Administrative Code, shall adopt within eighteen months after its establishment, and periodically shall revise, a comprehensive plan as set forth in this paragraph.

In order to be eligible for funds from the department, unless otherwise waived pursuant to rule 5120:1-5-02 of the Administrative Code, the planning board shall design a comprehensive plan for the development, implementation, and operation of corrections services in a county or a group of counties, which shall be included with a grant application as set forth in paragraph (C) of this rule. The plan shall be designed to accomplish all of the goals set forth in paragraph (B)(1) of this rule and provide all of the information required by paragraphs (B)(2), (B)(3) and, if applicable, (B)(4) of this rule.

(1) The goals shall be to:

(a) Unify or coordinate its corrections services through consolidation, written agreements, purchase of service contracts, letters of support from local criminal justice officials including the appropriate regional office of the adult parole authority, or other means.

(b) Improve the quality and efficiency of its corrections programs and reduce the number of eligible offenders committed from a county, a group of counties, or municipalities to state penal institutions, and/or to local corrections agencies, during the previous grant year, as applicable.

(c) Demonstrate the cost effectiveness of sanctions as compared to similar sanctions in other jurisdictions and the actual cost of incarceration in state penal institutions or local corrections agencies for the prior fiscal year.

(d) Reduce recidivism as determined by the department and the applicant.

(2) Complete a demographic and criminal justice system profile of the following areas to facilitate assessing the county's criminal justice system for problem areas and possible solutions:

(a) Law enforcement;

(b) Prosecution including victim services;

(d) Probation and parole services;

(e) Judiciary;

(f) Pre-trial services;

(g) Jails;

(h) Halfway houses and community-based correctional facilities; and

(i) Community agencies.

(3) Develop a continuum of sanctions that are appropriate for the target population by providing the following information:

(a) A progression of sanctions for eligible offenders which shall include all proposed and existing programs and facilities, whether they are governmentally or privately operated;

(b) The target population of eligible offenders;

(d) The official capacity of the person making the placement decision;

(e) The point in the criminal justice system at which various sanctions are imposed on eligible offenders;

(f) Factors contributing to the target population's movement through various sanctions, such as program completion, new arrests, medical concerns and absconding; and

(g) The coordination of services and an explanation of any duplication of offender services.

(4) If a county has a community-based correctional facility and program established in accordance with sections 2301.51 to 2301.58 of the Revised Code, the local corrections planning board shall include the facility and program as part of the comprehensive plan. However, the budget of the facility and program shall not be subject to approval by the board or included in the grant application funding request.

(C) Any time a county, group of counties, municipality, or their planning board, if established, desires to receive funding from the department for the development, implementation and operation of a community control sanction, then a grant application shall be submitted. The requirements for completion of a grant application shall include, but not be limited to, the following:

(1) General information such as grantee name, program title, implementing agency, and local official(s) responsible for administering the grant.

(2) Program objectives that demonstrate how the goals of CCA funding will be accomplished.

(3) Clearly defined measures for each objective that determine it's effectiveness.

(4) A description of the program that includes the target population, eligibility criteria for offender placement, projected number of offenders to be placed, services provided or available, and possible sanctions for offenders who fail to adhere to program requirements.

(5) A budget that identifies and justifies the proposed expenditure of requested funds.

(6) Upon approval by the appropriate officials, the grant application, including, the comprehensive plan, shall be submitted by the local or joint county corrections planning board, to the director of the department or director's designee for review and written approval or disapproval.

(D) If a grant application, submitted pursuant to paragraph (C) of this rule, is approved, then the chief of the bureau of community sanctions of the department shall prepare a grant agreement which includes, but shall not be limited to, the grant time period; funding level of the community control sanctions; and any deviation cap and accompanying funding reduction formula established pursuant to rule 5120:1-5-06 of the Administrative Code.

The chief of the bureau shall submit the grant agreement to the county commissioners or municipal official for their approval. Upon approval, the agreement shall be submitted to the department for the director or designee's approval.

(E) If a grant application submitted pursuant to paragraph (C) or (D) of this rule is disapproved, either the local or joint county corrections planning board may submit to the director or designee for written approval or disapproval, within thirty days of notice of such disapproval, a written request for reconsideration which shall include specific reasons justifying the grant application.

(F) If, during the fiscal year, the local or joint county corrections planning board desires to change the amount of funding in an approved grant application, then a written request shall be submitted to the chief of the bureau of community sanctions of the department, for review and written approval or disapproval. If disapproved, the chief shall provide reasons and alternative recommendations to the board(s).

(G) Selection criteria:

The selection of community control sanctions to be funded by the department, shall be determined by the requirements set forth in paragraph (B) of this rule, if applicable, and paragraph (C) of this rule, in addition to the following criteria:

(1) For continuation of or establishing new community control sanctions:

(a) The title of the local official responsible for administering the grant and their authority to represent the corrections programs;

(b) The extent to which the comprehensive plan, if applicable, establishes a continuum of sanctions;

(d) The degree to which unification or coordination of correctional services is achieved as demonstrated by, but not limited to, written agreements, purchase of service contracts, and letters of support from local criminal justice officials;

(e) The propriety of services used to control the eligible offender's movements within the county; and

(f) The number and extent of services which are to be provided for eligible offenders.

(2) For the continuation of existing community control sanctions only, the following additional selection criteria shall be considered:

(a) The actual cost per eligible offender, including expenditures of funds from the department's corrections program, indirect costs or any other funds used by the county/municipality to operate the program, divided by the number of eligible offenders, and compare the result to expenditures per offender by similar programs in other counties;

(b) The actual cost per eligible offender as compared to the latest annual cost of incarceration in a state penal institution;

(c) The actual cost per eligible offender as compared to the latest annual cost of incarceration in a local corrections agency;

(d) The degree to which the county/municipality has complied with community corrections act (CCA) program audit standards of the department's bureau of community sanctions;

(e) The extent to which the county/municipality has complied with recommendations contained in the most recent fiscal audit of the department's internal audit section.

(f) The degree to which the county/municipality achieved its goals and objectives during the previous funding period.

(3) For new community control sanctions only, the following additional selection criteria shall be considered:

(a) The projected cost per eligible offender as compared to similar programs in other counties/municipalities;

(b) The projected cost per eligible offender as compared to the latest annual cost of incarceration in a state penal institution; and

(c) The projected cost per eligible offender as compared to the latest annual cost of incarceration in a local corrections agency.

(H) Local corrections agencies shall comply with this chapter of the Administrative Code, as well as all relevant local, state and federal laws when implementing community control sanctions.

Last updated April 8, 2022 at 8:27 AM

History

Effective: April 8, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-04 Program participation requirements.

(A) A local or joint county corrections planning board or its designee, shall have responsibilities for managing the continuum of community control sanctions, including:

(1) Fiscal and operational requirements;

(2) Establishing programs that are consistent with paragraph (B) of rule 5120:1-5-03 of the Administrative Code.

(3) Complying with all the following requirements:

(a) Relevant local, state and federal laws;

(b) Relevant administrative rules of the department of rehabilitation and correction ("department");

(d) Any terms and conditions contained in the grant agreement between the county, group of counties, or municipality and the department; and

(4) Working cooperatively with other areas of the local criminal justice system and the department.

(B) The following shall be subject to a fiscal audit by personnel of the department:

(1) A county or municipality receiving funding for a community control sanction;

(2) Organizations contracting with a county, group of counties or municipality for services included in the approved grant application.

Each county, municipality or contracted organization that receives funding from the department for a community control sanction shall establish and maintain financial records for expenditures that relate directly to the program.

Last updated March 24, 2023 at 11:23 AM

History

Effective: April 8, 2017
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-05 Program monitoring and evaluation of participating counties.

(A) A local or joint county corrections planning board or its designee, shall cooperate with the department of rehabilitation and correction ("department") in monitoring and evaluating community control sanctions funded by the department.

(B) Each program shall use the management information system utilized by the department's bureau of community sanctions for the collection and reporting of information related to the funded community control sanction.

(C) Each program shall separately report financial information according to the grant manual prescribed by the department.

(D) The department's bureau of community sanctions shall prepare an annual report highlighting the department's community corrections act program.

(E) The department's bureau of community sanctions shall evaluate the effectiveness of the program in the development and implementation of the community correction act.

Last updated April 8, 2022 at 8:28 AM

History

Effective: April 8, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-06 Subsidy awards to municipal corporations and counties.

(A) A grant application submitted by a county, group of contiguous counties, or a municipality shall be approved pursuant to rule 5120:1-5-03 of the Administrative Code and funded according to the following priorities:

(1) First priority shall be given to the continued funding of existing community control sanctions that satisfy the standards of this chapter of the Administrative Code and that are designed to reduce the number of persons committed to state penal institutions and/or detained in and/or committed to local corrections agencies.

(2) Second priority shall be given to new community control sanctions that are designed to divert offenders committed to state penal institutions or the number of persons detained in and/or committed to local corrections agencies.

After a county's or municipality's grant agreement has been approved by the director of the department or designee, pursuant to paragraph (E) of rule 5120:1-5-03 of the Administrative Code, a county, group of counties, or municipality shall not shift funding between a state penal institution diversion program and a local corrections agency population reduction program unless approved by the department's bureau of community sanctions.

(B) Subject to paragraphs (C) and (D) of this rule, an intensive supervision probation program for felony offenders that is funded in whole or in part by the department of rehabilitation and correction shall be used to serve only those felony offenders who satisfy one or more of the following criteria:

(1) The offender's risk level, as assessed using the Ohio risk assessment system, is high;

(2) The most serious offense for which the offender is being sentenced is a felony of the first degree, a felony of the second degree, or a felony of the third degree; or

(3) The most serious offense for which the offender is being sentenced is a felony of the fourth degree or a felony of the fifth degree and the offender's risk level, as assessed using the Ohio risk assessment system, is not lower than moderate.

(C) The grant agreement entered into between the department of rehabilitation and correction and a county for the funding of an intensive supervision probation program for felony offenders may identify an acceptable percentage of offenders referred to intensive supervision probation during each quarter of the grant period that do not satisfy any of the criteria specified in paragraphs (B)(1) to (B)(3) of this rule. This percentage shall be hereinafter referred to as the "ISP deviation cap." The ISP deviation cap identified in the grant agreement shall not exceed ten per cent of the total number of offenders referred to intensive supervision probation during each quarter of the grant period. The grant agreement shall 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 ISP deviation cap as described in that paragraph.

Referral of the following types of offenders to intensive supervision probation shall not count against the ISP deviation cap:

(1) Offenders who are referred to intensive supervision probation as a condition of judicial release under section 2929.20 or 2967.19 of the Revised Code.

(2) Offenders referred to intensive supervision probation for programming that is directed at specific, targeted populations. Such offenders include, but are not limited to, offenders convicted of domestic violence, operating a motor vehicle while intoxicated, sexually oriented offenses, and failure to pay child support.

(D) At the conclusion of every third month in the grant period, the department shall measure a grant recipient's compliance with any ISP deviation cap established in the grant agreement. In measuring that compliance, the department shall determine the percentage of the total number of offenders referred to intensive supervision probation during the preceding three months who do not satisfy any of the criteria specified in paragraph (B) of this rule nor fall within one of the categories of offender excluded from the ISP deviation cap under paragraphs (C)(1) and (C)(2) of this rule. If that percentage exceeds the ISP deviation cap in two consecutive quarters, the department shall promptly inform the grant recipient that two more consecutive quarters of exceeding the ISP deviation cap will result in a reduction in the grant amount. In the event that the grant recipient thereafter exceeds the ISP deviation cap for two more consecutive quarters, the grant amount shall be reduced as prescribed in the grant agreement.

(E) As used in this rule, "Ohio risk assessment system" means the single validated risk assessment tool identified in rule 5120-13-01 of the Administrative Code.

Last updated April 8, 2022 at 8:28 AM

History

Effective: April 8, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-07 Reduction in local funding prohibited.

(A) If a municipal corporation, county, or group of contiguous counties receiving a subsidy from the department of rehabilitation and correction ("department") for the development, implementation, and operation of community control sanctions violates any provision of this rule, then the department may discontinue subsidy payments to the recipient, unless a petition for reconsideration has been approved pursuant to paragraph (D) of this rule.

(B) No municipal corporation, county, or group of counties receiving subsidy funds from the department for corrections programs shall reduce, by the amount of the subsidy it receives or by a greater or lesser amount, the amount of local, nonfederal funds it expends for corrections, including, but not limited to, expenditures for the operation of local corrections agencies and for any county or municipal probation department. Each subsidy shall be used to make corrections expenditures in excess of those being made from local, nonfederal funds.

(C) No municipal corporation, county, or group of counties receiving subsidy funds from the department for corrections programs shall use such funds for capital improvements. If a recipient uses such funds for capital improvements, the department shall discontinue subsidy payments to the recipient according to the procedure outlined in paragraph (D) of this rule and require the recipient to reimburse the department to the extent a subsidy was used for capital improvements.

(D) If a municipal corporation, county, or group of counties is found to have violated paragraphs (B) and/or (C) of this rule, the appropriate board of county commissioners, mayor or city manager shall be given written notice, by the director or designee of the department, of the reason(s) for the intent to discontinue subsidy payments to the recipient, sixty days prior to the actual discontinuation of funding. The commissioners, mayor or city manager shall have thirty days following the receipt of such notice in which to present a petition for reconsideration to the director. Within thirty days of receipt of the petition, the director or designee shall respond, in writing, either approving the petition by continuing or reducing subsidy payments or disapproving the petition and stating the reason(s) for the disapproval.

(E) A municipal corporation, county, or group of counties wishing to withdraw from participating in the department's funding of community control sanctions shall notify, in writing, the director or designee of the department of their intention to withdraw from the program and include a copy of the appropriate board of county commissioner's, mayor's or city manager's resolution to that effect.

(F) If a municipal corporation, county, or group of counties ceases to participate in the Community Corrections Act program pursuant to paragraph (D) or (E) of this rule, the department's bureau of community sanctions shall make arrangements to have a financial close-out audit conducted of their fiscal records equipment, supplies, and other tangible property that relate to the Community Corrections Act program. Any funds, equipment, supplies, or other tangible property determined by the audit to be due to or owned by the department, shall be returned to the department unless a written waiver is granted.

(G) If a municipal corporation, county or group of counties receiving subsidy funding does not meet the requirements set forth in rule 5120:1-5-04 of the Administrative Code, the department's bureau of community sanctions may reduce funding in whole or in part. If funding is reduced, the department's bureau of community sanctions will provide to the county commissioners, mayor or city manager written notification detailing the reason for the reduction. The commissioners, mayor or city manager shall have thirty days following the receipt of such notice in which to present a petition for reconsideration to the director. Within thirty days of receipt of the petition, the director or designee shall respond, in writing, either approving the petition by continuing or reducing subsidy payments or disapproving the petition and stating the reason(s) for the disapproval.

(H) This rule, including, but not limited to, its provisions relative to notice and reconsideration, does not apply to any funding reduction imposed pursuant to paragraph (D) of rule 5120-5-06 of the Administrative Code.

Last updated April 8, 2022 at 8:28 AM

History

Effective: April 8, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-08 Standards for general program operations.

(A) The Ohio department of rehabilitation and correction (ODRC) establishes performance-based general operating standards and minimum operating expectations for subsidized community correction act programs funded by ODRC through the bureau of community sanctions (BCS). In accordance with applicable ODRC policy, compliance shall be determined by BCS through site visits or program reviews. Unannounced site visits may be conducted.

Last updated July 7, 2025 at 6:55 PM

History

Effective: July 3, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-5-10 Probation improvement and incentive grant.

(A) A court of common pleas, municipal, or county probation department may apply to the department of rehabilitation and correction for a probation improvement and probation incentive grant for the purpose of adopting and administering evidence-based programs, policies, projects, or practices to reduce the number of offenders on community control who violate the conditions of their supervision and are incarcerated.

(B) To be eligible for a grant, a probation department must, at a minimum, satisfy each of the following:

(1) During the period of the grant, the probation department must be in compliance with each requirement imposed upon probation departments under sections 2301.27 and 2301.30 of the Revised Code, including, but not limited to, requirements imposed in those sections relative to the appointment of chief probation officers, probation officer training, and the establishment of policies and procedures for the supervision of individuals on community control;

(2) The probation department must demonstrate that it utilizes the Ohio risk assessment system in accordance with section 5120.114 of the Revised Code in the supervision of its offenders; and

(3) Each program, policy, project, or practice to be funded through the grant shall be aimed at facilitating a reduction in the number of offenders in the county or municipality who violate the conditions of their supervision and are incarcerated.

(C) The amount of grants awarded to individual probation departments under this rule shall be contingent upon the amount of funds available to the department to award for that purpose at the time application for a grant is made. Depending upon the availability of funds, the department may, from time to time, establish such limitations on the maximum amount of grants as are necessary to ensure broad-based participation in the probation improvement and incentive grant program.

(D) In prioritizing applications for a probation improvement grant and allocating the subsidies, the department shall give priority to those applications from counties that have the greatest potential to impact the state's prison population by reducing the number of felony offenders on community control who violate the conditions of their supervision. The factors that are relevant in identifying that potential impact include, but are not limited to, the applicant's prior performance under any grant awarded to the applicant pursuant to this rule and the following measures:

(1) The proportion that the number identified for the county under paragraph (D)(1)(a) of this rule bears to the number identified under paragraph (D)(1)(b) of this rule;

(a) The average number of offenders that the county's court of common pleas places under its probation department's supervision each year, as determined by averaging the number of offenders placed under the county probation department's supervision in each of the three calendar years immediately preceding the calendar year in which application for the grant is made;

(b) The average number of felony offenders placed on community control statewide each year, as determined by averaging the number of felony offenders placed on community control statewide in each of the three calendar years immediately preceding the calendar year in which application for the grant is made.

(2) The proportion that the number identified for the county under paragraph (D)(2)(a) of this rule bears to the number identified under paragraph (D)(2)(b) of this rule;

(a) The average number of offenders that the county commits to the department each year for a felony of the fourth or fifth degree, as determined by averaging the total number of such offenders committed to the department from the county in each of the five calendar years immediately preceding the calendar year in which application for the grant is made;

(b) The average number of offenders committed to the department each year statewide for a felony of the fourth or fifth degree, as determined by averaging the total number of such offenders committed to the department statewide in each of the five calendar years immediately preceding the calendar year in which application for the grant is made.

(3) The proportion that the number identified for the county under paragraph (D)(3)(a) of this rule bears to the number identified under paragraph (D)(3)(b) of this rule.

(a) The average number of offenders that the county commits to the department each year for violating the conditions of their community control, as determined by averaging the total number of such offenders committed to the department from the county in each of the five calendar years immediately preceding the calendar year in which application for the grant is made;

(b) The average number of offenders committed to the department each year statewide for violating the conditions of their community control, as determined by averaging the total number of such offenders committed to the department statewide in each of the five calendar years immediately preceding the calendar year in which application for the grant is made.

(E) Probation departments shall apply for grants in such manner as the department prescribes. At a minimum, every application shall:

(1) Identify the specific problem that the probation department intends to address;

(2) Provide statistical data that documents the problem identified under paragraph (E)(1) of this rule;

(3) Identify the specific target population within the more general class of individuals in the jurisdiction under community control who are affected by the problem, including the number of offenders that the probation department expects to be served by the grant;

(4) Provide a detailed overview of the proposed program, policy, project, or practice to be funded in whole or in part by the grant;

(5) Identify each entity, including any county or municipal court, that, in addition to the court of common pleas probation department making the application, will implement the program, policy, project, or practice proposed in the application and its role in achieving the grant's goals;

(6) List contact information for the individual in the probation department responsible for monitoring and reporting activities for the grant;

(7) Indicate the proposed goals and performance measures for the grant;

(8) Provide numerical data that will serve as a baseline for measuring the performance goals identified under paragraph (E)(7) of this rule;

(9) Specify the amount of funding being requested;

(10) Identify all state and federal criminal justice funding currently being provided to the applicant and to any partnering entities identified by the applicant under paragraph (E)(5) of this rule;

(11) Provide a brief description of the local criminal justice system support for the proposal, including, but not limited to, any letters of support from local officials, organizations, and coalitions.

(F) If the department of rehabilitation and correction awards a grant to a probation department pursuant to this rule, the department and the probation department shall enter into an agreement that specifies the terms of the grant, including, but not limited to, the grant amount and performance measures that will be used to measure the probation department's success in reducing the number of felony offenders on community control who violate the conditions of their supervision and are admitted to prison.

(G) Each program, policy, project, or practice to be funded through the grant are subject to program standards in rule 5120:1-5-08 of the Administrative Code as determined by the bureau of community sanctions.

Last updated March 24, 2023 at 11:24 AM

History

Effective: April 8, 2017
Promulgated Under: 119.03

Chapter 5120:1-7 Bureau of Adult Detention

Ohio Adm.Code 5120:1-7-01 Bureau responsibility and authority.

(A) Pursuant to section 5120.10 of the Revised Code, the bureau of adult detention (hereinafter referred to as "the bureau"), is charged with the investigation and supervision of county and municipal jails and workhouses.

(B) The bureau make on-site inspections and investigations of jails in the state of Ohio. These inspections and investigations may be unannounced.

(C) Inspectors employed by the bureau shall have full access to include all areas of a jail during an inspection or investigation, all inmates being held in the jail, and all records relating to the operation of the facility. The facility's operational policies and procedures and supporting documentation will be consolidated into a manual and provided to the inspector upon request or provided through electronic submission as required by the bureau.

(D) The inspectors employed by the bureau ascertain compliance with the "Standards for Jails in Ohio," contained in rules 5120:1-8-01 to 5120:1-12-19 of the Administrative Code. It is the responsibility of the jail to provide evidence of compliance with the "Standards for Jails in Ohio."

(E) The bureau may certify any jail which meets the minimum standards. The bureau may provisionally certify any jail upon completion of a compliance plan and the initiation of corrective action. The bureau may de-certify any jail upon re-inspection or determination of non-compliance. Any jail not certified or provisionally certified will be considered "non-certified."

(F) Jail officials are required to report all data, including deaths, suicides, and other critical incidents, at times and by methods determined by the bureau.

(G) The bureau may make such inspections and participate in such meetings as it deems necessary for the proper execution of the provisions of this rule. This rule will not be construed as granting to the bureau the executive management responsibilities of local officials.

(H) Pursuant to section 5120.10 of the Revised Code, the department of rehabilitation and correction is required to approve, before adoption by the proper officials, plans for major renovation or new construction of jails, workhouses and municipal lockups.

Last updated July 1, 2024 at 4:33 PM

History

Effective: July 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-7-02 Glossary of terms.

(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.

Last updated February 7, 2024 at 9:21 AM

History

Effective: December 7, 2019
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-7-03 Introduction to minimum standards.

(A) Nothing contained in the "Minimum Standards For Jails In Ohio" shall be construed to prohibit a city, county, or combined city and/or county agency operating a local detention facility from adopting standards and requirements governing its own employees and facilities, provided that such rules meet or exceed and do not conflict with these standards.

(B) Pursuant to section 5120.10 of the Revised Code, a facility shall comply with the standards except that the director of the ODRC, or designee, may grant a variance when it is determined that:

(1) Strict compliance would cause unusual practical difficulties or financial hardships;

(2) Existing or alternative practices meet the intent of the standards, and the granting of a variance would not seriously affect the security of the facility, the supervision of inmates, or the safe, healthful operation of the facility.

Last updated January 4, 2024 at 8:55 AM

History

Effective: April 1, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-7-04 Ohio jail advisory board.

(A) The common goals of the Ohio department of rehabilitation and correction (ODRC) and the Ohio jail community require that a Ohio jail advisory board (OJAB) be established to advise and assist the deputy director of operations of the ODRC to promote cooperative practitioner involvement in the development of jail standards and policies for the safe, secure, humane, and efficient operation of jails in Ohio.

(B) The OJAB shall fulfill all duties delegated to it by the deputy director of operations of the ODRC and the jail community for purposes of advising on the following topics which may include, but are not limited to: jail inspection reports (e.g., appeals, action plans, and variance requests); minimum standards for jails; jail classification; jail construction or renovation; certification of jails; and jail management best practices.

(C) The membership of the OJAB shall be comprised of the director of the ODRC, or designee, ODRC administrative staff involved in the management of minimum standards for jails, and ODRC legal counsel. Also, the director of the ODRC shall appoint as OJAB members taken from lists of nominees representing and furnished by the following groups, government entities, or professional associations with the following minimum number of representatives: three from the Buckeye state sheriffs association including a jail administrator; three from the Ohio association of chiefs of police including a jail administrator; three (one each from the north, south, and at large) from the county commissioners association of Ohio; one from the Ohio prosecuting attorney's association; one from the Ohio association of criminal defense lawyers; one from the Ohio judicial conference; three from the Ohio municipal league; one from the Ohio department of mental health; one from the Ohio department of health; one from the Ohio department of youth services; and other state-level, cabinet agencies as deemed appropriate. The director of the ODRC may appoint other members as deemed necessary. Oversight of OJAB will be provided by the director of the ODRC through the bureau of adult detention.

(D) In nominating members for appointment to OJAB, the group, government entity, or professional association seeking representation shall choose a demographically (e.g., geographically and jail classification) representative group of nominees. OJAB members shall be designated voting members or ex-officio members upon appointment.

(E) Ex-officio members include an indefinite number of persons from such groups, government entities, or professional associations as the director of the ODRC may determine. Such members will not have the right to vote, but may attend meetings and comment on matters under consideration by OJAB.

(F) Voting members shall be appointed to a three-year fixed term and reappointed at the discretion of the director of the ODRC.

(G) The officers of the OJAB shall include a chairperson, a vice chairperson, and a secretary. The OJAB shall meet, at least, once every three months and at the discretion of the chairperson.

(H) A majority of the voting members or their designees present at a meeting shall constitute a quorum for transacting any of the OJAB's business, with a majority vote of those members being required to make a recommendation.

(I) The director of the ODRC, or designee, shall develop by-laws governing, but not limited to, the following matters: appointment of members to the OJAB and their voting rights; election, terms, and duties of officers; scheduling and procedures of meetings; and establishment of committees. Such by-laws shall be subject to the approval of the OJAB.

(J) The OJAB shall exercise no administrative function over the ODRC. The members of the OJAB shall not receive compensation, but shall receive reimbursement for actual and necessary expenses incurred for official business, including expenses incurred in attending OJAB meetings and functions.

Last updated January 4, 2024 at 8:55 AM

History

Effective: July 18, 2021
Promulgated Under: 111.15

Chapter 5120:1-8 Full Service Jails

Ohio Adm.Code 5120:1-8-01 Reception and release.

Each full-service jail, as defined in paragraph (A)(1) of rule 5120:1-7-02 of the Administrative Code, will adhere to following standards regarding the reception and release of inmates and implement policies and procedures, and produce documentation that evidences compliance with the following standards:

(A) (Important) All inmates are legally committed to the jail.

(B) (Important) The arresting, transporting or committing officer is identified by name and department.

(C) (Important) A booking and identification record will be made of every commitment that includes the following information:

(1) Time and date of commitment;

(2) Name and alias;

(3) Official charge or charges;

(4) Authority for commitment;

(5) Date of birth of inmate;

(6) Sex and race of inmate;

(7) Height and weight of inmate;

(8) Marital status of inmate;

(9) Home address and telephone number of inmate;

(10) Spouse, next of kin, or person to notify in case of an emergency;

(11) Social security number;

(12) Identifying characteristics (scars, or marks.)

(D) (Important) Inmates will be identified by photograph and/or identification bracelet during reception.

(E) (Important) Arrested persons will be provided access to telephones after the reception process.

(F) (Important) Inmates will be searched and all unauthorized items will be confiscated. Confiscated items will be listed in an inventory by objective description and secured.

(1) Money or any form of currency will be confiscated, counted in the inmate's presence and secured.

(2) The inmate's signature will be affixed to the completed inventory. If the signature can not be obtained, the inventory will be witnessed by another staff person.

(3) For a minimum security jail, as defined by paragraph (A)(4) of rule 5120:1-7-02 of the Administrative Code, if inmates are permitted to possess money, the jail will implement policies and procedures that limit the amount of money possessed and will include provisions that prevent inmate gambling, theft and extortion.

(G) (Important) The jail will develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(H) (Important) Inmates who are to be integrated with the general population and/or whose clothing is soiled or infested will receive a shower and clean uniform clothing. In a minimum security jail, if inmates are permitted to wear personal clothing, the jail will implement a policy and procedure that limits the amount and type of personal clothing an inmate may possess while in the jail.

(I) (Important) Inmates will not be confined in the reception area for more than twelve hours except when security, health and mental health concerns are being addressed.

(J) (Important) The jail will develop, implement, maintain, and update as necessary a set of generally applicable inmate rules. The rules will be accessible to all inmates and will provide information regarding confinement including sleeping hours, meals, mail, work assignments, telephone access, visitation, correspondence, medical care, hygiene, laundry, recreation, programs, rules of conduct, disciplinary procedures and grievance procedures. A staff member or translator will assist the inmate in understanding the inmate rules if there is a literacy or language problem. The jail will maintain signed acknowledgements from each inmate acknowledging that the rules were received by and/or explained to them.

(K) (Important) During reception, male and female inmates will not be placed in the same cell or unsupervised areas together.

(L) (Important) Juveniles shall not be held in jails except under rare circumstances if at all and will be accepted only (a) under court order, (b) when all other alternative placements, including placement in the local juvenile detention center, have been considered and rejected, and (c) after the jail provides the juvenile court with information regarding the conditions under which the youth will be held in the adult jail and the jail's ability to comply with the juvenile specific standards, including paragraph (A)(12) of rule 5120:1-8-01, paragraph (B)(4) of rule 5120:1-8-02, and paragraph (K) of rule 5120:1-8-04 of the Administrative Code. Status offenders, i.e., runaways, curfew violators, etc. are prohibited from the facility. Every effort will be made to ensure that juveniles are held in jails for the minimum amount of time necessary.

(M) (Important) Inmates' identification and release documentation will be verified.

(N) (Important) Upon an inmate's release to another agency, the jail will document the following information:

(1) The identity of the receiving officer and the agency;

(2) The time and date of the release;

(3) The authority for the release

(O) (Important) Upon an inmate's release or transfer, the jail will obtain a receipt for all property returned at the time of release or transfer from the inmate, or the receiving officer, as appropriate.

Last updated June 28, 2024 at 1:17 AM

History

Effective: June 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-02 Classification.

(A) (Important) Each full service jail shall have a written inmate classification system that specifies the criteria and procedures for determining and changing the classification of inmates to determine the level of custody required, special needs, housing assignment and participation in programming and written policies, procedures, and practice which evidence compliance with the standards set forth in this rule. Each minimum security jail, as defined in paragraph (A)(4) of rule 5120:1-7-02 of the Administrative Code, will have a written inmate classification system that limits inmates housed in the jail to those sentenced or transferred by order of a judge for a traffic offense, misdemeanor or felony of the fourth or fifth degree that are not offenses of violence as defined in division (A)(9) of section 2901.01 of the Revised Code. The classification system will include the evaluation of each inmate to determine whether the inmate is suitable to be housed in the minimum security jail. Determination to transfer an inmate from the minimum security jail will be made by the jail administrator or designee based on the best interests of the inmate, staff and/or the safe, secure operation of the jail.

(B) Each full service jail will have written policies and procedures, and practices which evidence, compliance with the following standards:

(1) (Important) Inmate management and housing assignments consider age, gender, legal status, custody needs, special problems and needs, and behavior. Male and female inmates are housed in separate rooms or cells. Inmates are separated according to existing laws and regulations and consistent with the facility's classification plan.

(2) (Important) Violent and non-violent inmates are not placed in the same cell or unsupervised areas together.

(3) (Important) Male and female inmates are supervised if placed together for purposes of programming, transportation or other similar activities.

(4) (Important) Juvenile and adult inmates are separated in a manner consistent with sections 2151.311 and 2152.26 of the Revised Code.

(5) (Important) Jails using inmate workers will evaluate and select workers based on established criteria.

(6) (Important) Inmates participating in work or educational release programs will be housed separately from the general population.

(D) (Important) Inmates, when placed in general population, will be:

(1) Assigned a bed;

(2) Provided with a mattress, blanket, bed linens and towels;

(3) Provided with articles to maintain personal hygiene (toothbrush, toothpaste, feminine hygiene items and soap).

Last updated April 13, 2026 at 7:45 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-03 Security.

(A) Each minimum security full service jail shall maintain the following minimum standards in regard to security of the jail.

(1) (Essential) An established security perimeter.

(2) (Essential) A secure booking and release area.

(3) (Essential) Temporary weapons storage lockers or other secure storage at each point of entrance to the jail's security perimeter.

(4) (Essential) If installed, closed circuit televisions that are operational and preclude the monitoring of shower, toilet and clothing exchange areas.

(5) (Essential) A two-way communications system between central control, staffed posts and inmate occupied areas.

(6) (Essential) Equipment necessary to maintain utilities, communications, security and fire protection in an emergency. Documentation supports that such equipment is tested quarterly and repaired or replaced as needed.

(B) Each jail will have written policies and procedures, and practices which evidence, that the following minimum standards are maintained.

(1) (Important) Procedures govern availability, control inventory, storage, and use of firearms, less than lethal devices, and related security devices, and specify the level of authority required for their access and use. Chemical agents and electrical disablers are used only with the authorization of the jail administrator or designee. Access to storage areas is restricted to authorized persons and the storage space is located in an area separate and apart from inmate housing or activity areas.

(2) (Important) All inmates are searched whenever entering or leaving the jail's security perimeter to control contraband.

(3) (Important) Procedures and practices governing strip and body cavity searches following reception will be developed and implemented in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(4) (Essential) There is a plan that guides the jail's response to emergencies. All jail personnel are annually trained in the implementation of the emergency plan. The emergency plan should include procedures to be followed in situations that threaten jail security.

(5) (Essential) The maintenance by staff of a log to record routine information, emergency situations and unusual incidents.

(6) (Essential) An official count will be conducted to verify inmates' physical presence and identification. At least three official counts will occur daily, not to exceed nine hours in duration from the previous official count. The official counts will be reconciled. Jail staff conducting the count will record the count.

(7) (Essential) Personal observation checks of inmates will be conducted every sixty minutes on an irregular schedule. Observation checks will be conducted at varying times and will be documented after completion by the staff person performing the check.

(8) (Important) Jails will develop their own policy to address the management of those inmates with special needs.

(9) (Essential) Inmates in physical restraints will be personally checked by staff every ten minutes. The report of the use of physical restraints will be reviewed and signed off by a non involved supervisor or higher ranking personnel. The use of physical restraints will be reviewed for policy compliance by the jail administrator or designee.

(10) In regard to the use of force:

(a) (Essential) Use of force will be limited to instances of justifiable self-defense, prevention of self-inflicted harm, protection of others, prevention of riot, discharge of firearm or other weapon, escape or other crime and controlling or subduing an inmate who refuses to obey a staff command or order.

(b) (Essential) Use of force will be limited to the amount of force necessary to control a given situation. In no event is physical force used as punishment.

(c) (Essential) An examination and/or treatment by qualified health care personnel will be provided to inmates or staff involved in a use of force incident when there is obvious physical injury or there is a complaint of injury or request for medical attention.

(d) (Essential) Use of force incidents shall be recorded and reviewed by the jail administrator or designee.

(11) Procedures guide searches of jails and inmates to control contraband.

(a) (Important) Inmate accessible areas will be inspected in a manner that ensures all areas are inspected each month.

(b) (Essential) A security inspection of the jail will be conducted once per month.

(c) (Essential) The jail administrator or designee will be notified of any discovered contraband or physical security deficiencies.

(d) (Essential) The appropriate disposition of contraband and the remediation of physical security deficiencies will be documented.

(12) (Important) Inmate movement from one area to another is controlled by staff.

(13) (Important) Policies and procedures guide the staff supervision and searching of inmate workers.

(14) (Important) No inmate will be given control of or authority over any other inmate, security function or service activity.

(15) (Important) Same gender and cross gender supervision guidelines will be provided in policy and procedure.

(16) (Essential) Keys, tools, culinary equipment and medical or dental instruments and supplies, such as syringes, needles, and other sharp objects, are inventoried and use is controlled.

(17) (Essential) Toxic, corrosive and flammable substances and tools will be stored in a secure area and used by inmates only under direct supervision and used only in accordance with manufacturer's instruction. The substances are only accessible to authorized persons.

(18) (Important) Jail personnel who provide transportation will be trained in transportation policies and procedures. Only trained jail personnel implement transport.

(19) (Important) The jail will have policy and procedure that guides prevention, detection, and response to sexual activity and sexual harassment of inmates confined in the facility, to include the following:

(a) Inmates receive information about their rights to be free from sexual harassment and sexual abuse, including how to make a report at reception.

(b) Inmate-on-inmate sexual harassment and sexual abuse is prohibited and subject to administrative, disciplinary and criminal sanctions.

(c) Sexual conduct by staff, contractors, and volunteers upon inmates is prohibited and subject to administrative and/or criminal sanctions.

(d) An investigation is conducted and documented whenever a sexual harassment or sexual abuse report is made.

Last updated January 5, 2026 at 8:09 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-04 Housing.

Full service jails shall provide inmates with sufficient space. The jail will maintain square footage and maximum occupancy documentation for all housing and holding areas, and will comply with the following minimum requirements:

(A) Holding cells:

(Important) Sixty square feet for one to three occupants with twenty square feet for each additional occupant up to a maximum of one hundred twenty square feet (six occupants).

(B) Housing cells:

(1) (Important) Seventy square feet for single occupancy forty-eight square feet in jails constructed prior to 1983.

(2) (Important) One hundred square feet with seven feet least dimension for double occupancy, stacked bunks, one hundred ten square feet with nine feet least dimension for double occupancy, single bunks.

(3) (Important) One hundred forty-five square feet with nine feet least dimension for triple occupancy, stacked bunk and single bunk; one hundred and seventy square feet with twelve feet least dimension for triple occupancy, single bunks.

(4) (Important) One hundred eighty square feet with nine feet least dimension for quadruple occupancy, two stacked bunks, two hundred fifteen square feet with twelve feet least dimension for quadruple occupancy, single bunks.

(Important) Fifty square feet per occupant, except forty-eight square feet in jails constructed prior to 1983.

(D) Dayspace:

(Important) Thirty five square feet per number of occupants occupying the dayspace at one time. Minimum size of one hundred five square feet. The inmates will be granted regular, daily access to the dayspace area, subject to limitations necessary to maintain safety, security, and order. Jail administrators should approve any denial of dayspace in writing.

(E) (Important) Seating will be provided in holding areas, holding cells, housing cells, dormitories, dayrooms and eating areas for each inmate. In jails built prior to 2014, a permanent bed within holding and housing cells may be considered a seat.

(F) (Important) Single cells/rooms and multiple occupancy cells/rooms/dormitories will have an air circulation of fifteen cubic feet of outside or recirculated filtered air per minute per occupant or as required by the local authority having jurisdiction. Documentation from a qualified source will be maintained by the jail.

(G) (Important) Temperature is mechanically raised or lowered to acceptable comfort levels.

(H) (Important) Sanitation facilities will include access to an operable flush toilet and lavatory with hot and cold potable water on a twenty-four hour a day basis without staff assistance.

(I) (Important) Toilet facilities at a minimum of one operable toilet for every twelve occupants. In jails built prior to 2014, a minimum of one operable toilet for every fifteen occupants. A maximum of two urinals per male housing unit will be considered one toilet for the purposes of the bureau-recommended capacity.

(J) (Important) Shower facilities at a minimum of one operable shower for every twelve occupants. In jails built prior to 2014, a minimum of one operable shower for every fifteen occupants. Water temperatures will be controlled thermostatically in a range from one hundred five to one hundred twenty degrees Fahrenheit.

(K) (Important) One operable wash basin with hot and cold potable water for every twelve occupants. In jails built prior to 2014, a minimum of one operable wash basin with hot and cold portable water for every fifteen occupants.

(L) (Important) Noise levels in inmate housing units will not exceed 70 dBA (A scale). Measurements will be conducted annually by a qualified source with at least one measurement taking place during night time hours and one measurement taking place during daytime hours.

(M) (Important) Natural light will be provided in housing units, dorms, cells and/or dayspaces.

(N) (Essential) Unadjudicated juvenile inmates will be separated by sight and sound from adult inmates.

(O) (Important) If inmate access to clothing, bed, bedding, toilet, lavatory and shower are suspended, there will be a daily review for reinstatement by the jail administrator or designee.

Last updated June 1, 2026 at 7:55 AM

History

Effective: May 30, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-05 Sanitation and environmental conditions.

Full service jails shall adhere to the following standards for sanitation and environmental conditions.

(A) (Essential) The jail will provide all inmates with hygiene articles at intake and replacement items to indigent inmates.

(B) (Essential) All areas of a full service jail will be safe and sanitary, including the food service and laundry areas. Staff and inmates will have specific housekeeping responsibilities, including, but not limited to, daily cleaning of toilets, urinals, sinks, drinking facilities and showers in areas occupied by inmates and disposal of garbage. Weekly sanitation inspections will be completed by a designated staff person to ensure compliance with housekeeping responsibilities.

(C) (Essential) Monthly sanitation, vermin and safety inspections of all areas will be conducted by a designated trained staff person.

(D) (Important) Regular maintenance and repairs will occur.

(E) (Essential) The jail will be inspected annually by local or state health authorities and a written report will be provided. There will be a written plan to correct jail-related deficiencies.

(F) (Important) All grounds, walkways, driveways and parking areas will be illuminated at night.

(G) The jails will maintain documentation that the following interior lighting standards are met:

(1) (Important) At least twenty foot-candles, measured thirty inches above the floor, in inmate reading areas and inmate living areas.

(2) (Important) Lighting in inmate sleeping areas will be reducible to between two and four foot-candles, measured thirty inches above the floor.

(H) The jail will maintain documentation that the following bedding, linens, and clothing standards are met:

(1) (Important) Bedding and mattresses will be in good repair and cleaned prior to being reissued;

(2) (Important) Clean bed linens and towels will be exchanged once weekly. Issuance of clean linens and towels will be documented;

(3) (Important) Issued clothing will be exchanged and laundered twice weekly. Arrangements are made to exchange or launder personal clothing and undergarments twice weekly;

(4) (Important) Blankets will be cleaned or exchanged at intervals not to exceed thirty-one days;

(5) (Important) Mattresses will be cleaned at intervals not to exceed thirty-one days;

(6) (Important) Bedding, mattresses, towels and clothing will be exchanged or cleaned when soiled;

(7) (Important) Each inmate will be provided the opportunity for a hot shower not to exceed forty-eight hours;

(8) (Important) The jail will make provisions for inmate haircuts;

(9) (Important) Shaving equipment and supplies will be made available daily. Issuance and retrieval of shaving equipment and supplies will be documented;

(10) (Essential) The jail will be inspected annually by a certified local or state fire safety inspector applying the applicable jurisdictional and Ohio Fire Code. The jail will have a written plan to correct any jail-related deficiencies. The jail will maintain documentation of the inspections and any corrective measures taken;

(11) (Essential) The jail will have a written fire safety plan acknowledged by local or state fire officials, and that is reviewed annually and updated as needed. The plan will include fire prevention, training and drills, fire response and post-fire documentation and review;

(12) (Important) Training in jail fire safety equipment will be conducted annually;

(13) (Essential) Fire drills will be conducted at intervals not to exceed ninety days on each shift;

(14) (Essential) Jail furnishings will meet fire safety performance standards;

(15) (Essential) Jail exits will be clear and evacuation routes will be posted or clearly marked throughout the jail.

Last updated January 5, 2026 at 8:09 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-06 Communication.

(A) (Important) There will be no limitation on the amount of incoming or outgoing mail or correspondence via the postal service when the inmate is responsible for the costs of postage.

(B) (Important) Incoming inmate mail, correspondence and packages will be opened and inspected to intercept contraband or non permitted items. Outgoing mail may be inspected or opened at the discretion of the jail administrator or designee. The jail will document procedures for the appropriate disposition of intercepted items.

(C) (Important) Legal mail or correspondence will be opened and inspected in the presence of the inmate to intercept contraband. Outgoing mail may be inspected or opened, in the presence of the inmate, at the discretion of the jail administrator or designee. The jail will document procedures for the appropriate disposition of intercepted items.

(D) (Important) Mail, correspondence and packages will only be withheld, read or rejected based on legitimate jail interests of order and security and is justified and approved by the jail administrator or designee in writing. The inmate will be notified if mail is withheld or rejected.

(E) (Important) If a jail offers email or instant messaging service to inmates in accordance with division (C)(1) of section 341.42 of Revised Code, the incoming and outgoing emails or messages will be subject to review for security reasons.

(F) (Important) Indigent inmates will receive writing materials, envelopes and postage for two letters per week.

(G) (Important) Inmates will have access to inmate telephone services.

(H) (Important) Inmates will have access to legal counsel of record including telephone contact, written communication, and confidential visits.

(I) (Important) Inmates identified as foreign nationals will have access to the diplomatic representative of their country of citizenship.

Last updated April 13, 2026 at 7:45 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-07 Visitation.

Full service jails shall comply with the following visitation standards.

(A) (Important) There is a secure visiting area that physically separates the inmate and visitor with capability for two-way conversation and non-obscured and/or video visitation.

(B) (Important) The visitation area will be equipped with seating.

(D) (Important) Visitors will register upon entry into the jail. The registry will include the date, visitor names, inmate visited, and length of the visit.

(E) (Important) The jail will provide general visitation hours that provide inmates the opportunity for thirty minutes of visitation per week. Visitation policy will indicate the number of visitors an inmate may receive, and the length of visits are limited only by the facility's schedule, space, and personnel constraints or when there are substantial reasons to justify such limitations. Conditions under which visits may be denied are defined in writing. If the jail utilizes video visitation, it will provide weekly general visitation hours that are supported by the video visitation system utilized, no less than twenty minutes per visit. A schedule of visiting hours will be posted in inmate and visitor areas.

(F) (Important) Written policy and procedures will govern contact and special visits.

(G) (Important) The jail will establish visitor security procedures to prevent contraband from entering the jail.

(H) (Important) Visits between inmates and members of the public will be monitored and may be recorded by any means for safety and security reasons.

(I) (Important) Professional visits by attorneys of record or clergy will be permitted as dictated by jail safety and security needs.

(J) (Important) Reasonable accommodation is made to ensure that all parts of the facility are accessible to the public, staff, and visitors.

Last updated April 13, 2026 at 7:45 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-09 Medical/mental health.

(A) (Essential) Health authority. The jail has a designated health authority with responsibility for health and/or mental health care services pursuant a written agreement, contract or job description. The health authority may be a physician, health administrator or agency. When the health authority is other than a local physician, final clinical judgment rests with a single, designated, responsible, local physician licensed in Ohio. The health authority is responsible and authorized to:

(1) Provide written policies and procedures specifically designed for the jail for all aspects of this standard that will be reviewed on an annual basis.

Written policies and procedures will be easily accessible to staff and simple to understand.

(2) Arranges for all levels of health care, mental health care and dental care and assures quality, accessible and timely services for inmates. When necessary medical, mental health or dental care is not available at the jail, inmates are referred to an appropriate setting.

(3) Ensure where there is a separate organizational structure for mental health services; there is a designated mental health clinician.

(4) Ensure decisions and actions regarding health care and mental health care meet inmate's serious medical and mental health needs are the sole responsibility of qualified health care and mental health professionals.

(5) No inmate will be denied necessary health care, as designated by the health authority.

(B) (Essential) Inmate pre-screen. Before acceptance into jail, health-trained personnel will inquire about, but not be limited to the following conditions and the health authority will develop policies for the acceptance or denial of admission for:

(1) Suicide thoughts/plan.

(2) Current serious or potentially serious medical or mental health issues needing immediate attention.

(3) The use of taser, pepper spray or other less lethal use of force during arrest.

(4) Observe for signs of and inquire about drug and/or alcohol intoxication or abuse.

(C) (Essential) Receiving screen. Health trained personnel, in accordance with protocols established by the health authority, will perform a written medical, dental, substance abuse and mental health receiving screening on each inmate within six hours of arrival at the jail and prior to being placed in general population unless there are emergency circumstances preventing the receiving screen from being completed within that time frame, in which case the reason for delay will be documented on the receiving screen.

(1) The receiving screen will include:

(a) Questions addressing the following, at a minimum:

(i) Current and past illness and health problems;

(ii) Current and past dental problems;

(iii) Current and past mental health problems;

(iv) Allergies;

(v) Current medications for medical, substance use or medication assisted treatment, and mental health;

(vi) Hospitalizations for medical or mental health purpose(s);

(vii) Special health needs;

(viii) Serious infection or communicable illness(s)

(ix) Use of alcohol or drugs including types, amounts and frequency used, date or time of last use, and history of any problems after ceasing use, i.e. withdrawal symptoms;

(x) Suicidal risk assessment;

(xi) Possibility of pregnancy;

(xii) Other health problems as designated by the health authority;

(xiii) Date, time, signature, and title of person completing the screening.

(b) Observation of the following:

(i) Behavior including state of consciousness, mental health status, appearance, conduct, tremors, and sweating;

(ii) Body deformities and ease of movement;

(iii) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations and needle marks or other indications of drug abuse.

(i) General population;

(ii) General population with prompt referral to appropriate health or mental health services;

(iii) Referral for emergency treatment;

(iv) Medical observation/isolation;

(v) Mental health observation/precautions.

(D) (Essential) Health appraisal. Within fourteen days, a licensed nurse, physician, physician's assistant, or paramedic will complete a health appraisal to determine the medical and mental health condition for each inmate in custody. Such appraisal will at least include the following:

(1) Review of receiving screen.

(2) Collection of additional data to complete the medical, dental and mental health history.

(3) Laboratory, and/or diagnostic tests to detect tuberculosis and other suspected communicable diseases as designated by the health authority.

(4) Recording the height, weight, pulse, blood pressure and temperature.

(5) Medical examination as determined by the examiner.

(6) Mental health and substance use screenings.

(7) Initiation of therapy when determined necessary by the examiner.

(8) Development and implementation of a treatment plan.

If performed by an licensed practical nurse or paramedic, the assessment should be reviewed and approved by a registered nurse or more highly qualified health care professional.

(9) Other test and examination as determined by the examiner or health authority.

(E) (Essential) Full-service scope. The jail provides twenty-four-hour emergency medical, dental, and mental health care services.

(F) (Essential) Sick call. A physician and/or qualified health care professional conducts sick call.

(1) Once per week for jails with an average daily population of less than fifty.

(2) Three times per week for jails with an average population of less than one hundred ninety-nine.

(3) Five times per week for jails with an average daily population of two hundred or more.

(G) (Essential) Credentials. All health and mental health care personnel who provide services to inmates are appropriately credentialed according to the licensure, certification, and registration requirements of Ohio. Verification of current credentials is on file at the facility. Health care staff work in accordance with profession-specific job descriptions approved by the health authority.

(H) (Essential) Health and mental health requests. The jail will ensure that there is a daily procedure whereby inmates have an opportunity to report medical and mental health requests through health trained personnel, or for urgent matters, to any jail employee. The jail employee will contact the appropriate medical or mental health department immediately. An inmate grievance system for medical and mental health treatment will be established by the health authority. Both daily requests and grievances will be:

(1) Addressed in a timely manner.

(2) Recorded and maintained on file.

(3) Reviewed daily by qualified health care personnel and treatment or follow-up will be provided as necessary.

(I) (Important) Personal physician treatment. Inmates can be treated by a personal physician in the jail at their own expense, upon the approval by the jail physician, provided that the current credentials of the personal physician are verified.

(J) (Essential) Medical/mental health record. The jail will maintain an accurate health/mental health record in written or electronic format. The health authority will develop policies and procedures concerning the following areas:

(1) Health records remain confidential and are only accessible to personnel designated by the health authority.

(2) Correctional staff may be advised of inmates' health/mental health status only to preserve the health and safety of the inmate, other inmates, jail staff and in accordance state and federal laws.

(3) Retention and reactivation of said records if an inmate returns to the facility.

(4) Transfer of medical/mental health information or record to external care provider or other facility.

(K) (Essential) Pharmaceuticals. Pharmaceuticals are managed in accordance with policies and procedures approved by the health authority and in compliance with state and federal laws and regulations and include the following:

(1) Health-trained personnel or professionally trained personnel dispense and administer prescribed medications and ensure adequate management of controlled medications and provision of medication to inmates in special management units.

(2) The jail will develop a policy, approved by the health authority, regarding incoming medications.

(L) (Important) Dental care. Inmates will be provided dental and oral care under the direction and supervision of a dentist licensed in the state of Ohio. There is a system of established priorities for care, when in the dentist's judgment, the inmate's health would otherwise be adversely affected.

(M) (Essential) Mental health services. Inmates evidencing signs of mental illness or developmental disability will be referred immediately to qualified mental health personnel. The health authority will develop policies for the following areas:

(1) Screening for mental health problems.

(2) Referral to outpatient services, including psychiatric care.

(3) Crisis intervention and management of acute psychiatric episodes.

(4) Stabilization of the mentally ill and prevention of psychiatric deterioration in the jail.

(5) Referral and admission to inpatient facilities.

(6) Informed consent.

(N) (Essential) Suicide prevention program. The health authority will have a plan for identifying and responding to suicidal and potentially suicidal inmates. The plan components will include:

(1) Identification - The receiving screening form contains observation and interview items related to the inmate's potential suicide risk. Circumstances include but are not limited to: profound incidents/issues, court dates, loss of significant others either by accident, natural causes or by suicide, sentencing, divorce, rejection, bad news, after a humiliating issue, etc. may be high risk periods for inmates.

(2) Training - Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately. The plan includes initial and annual training.

(3) Assessment - The plan specifies a suicide risk assessment and level system. The assessment needs to be completed every time an inmate is identified as being or potentially being suicidal, or if circumstances change. Only a qualified mental health professional may remove inmates from suicide risk status.

(4) Housing - The plan must designate the housing beds/units for the suicidal or potentially suicidal inmates.

(5) Monitoring - The plan specifies the procedures for monitoring an inmate who has been identified as potentially suicidal. A suicidal inmate is checked at varied intervals not to exceed ten minutes. Regular documented supervision is maintained. Inmates are placed in a designated cell, all belongings removed and other prevention precautions initiated, as appropriate.

(6) Referral - The plan specifies the procedures for referring a potentially suicidal inmate and attempted suicides to a mental health care provider or facility, and includes time frames.

(7) Communication - The plan specifies for ongoing communications (oral and written), notifications between health care and correctional personnel regarding the status of suicidal inmates.

(8) Intervention - The plan addresses how to handle a suicide in progress, including first-aid measures.

(9) Notification - The plan includes procedures of notifying the jail administrator, outside authorities and family members of completed suicides. The plan will consider safety and security issues when it comes to notification.

(10) Reporting - The plan includes procedures for documenting, monitoring and reporting attempted or completed suicides. Completed suicides will be reported to the bureau of adult detention within twenty-four hours of the occurrence unless the suicide occurs on a weekend or a holiday, in which case, the report will be made on the next business day.

(11) Review - The plan specifies procedures for medical and administrative review if a suicide or a serious suicide attempt occurs.

(12) Critical incident debriefing - The plan specifies the procedures for offering critical incident debriefing to affected staff and inmates.

(O) (Important) Emergency equipment/supplies. Emergency medical equipment and supplies, as determined by the health authority will be available at all times and replenished, as needed and may include automatic external defibrillators (AEDs).

(P) (Essential) Infectious disease control program. The health authority will have a written infectious disease control program which collaborates with the local health department and will include, at minimum, an exposure control plan and standard isolation precautions for inmates and staff, which are updated annually. The health authority will develop written policy and procedure.

(Q) (Essential) Pregnant inmate. Pregnant inmates will receive appropriate and timely pre-natal care, delivery and postpartum care, as determined by the health authority. Policies, procedures, and practices regarding restraint of pregnant women will comply with section 2901.10 of the Revised Code.

(R) (Essential) Restraints. Use of restraints for medical and psychiatric purposes will be applied in accordance with policies and procedures approved by the health authority, including:

(1) Conditions under which restraints may be applied.

(2) Types of restraints to be applied.

(3) Identification of a qualified medical or mental health professional who may authorize the use of restraints after reaching the conclusion that less intrusive measures are not a viable alternative.

(4) Monitoring procedures.

(5) Length of time restraints are to be applied.

(a) There will be ten-minute, varied checks by correctional staff;

(b) There will be thirty-minute checks by health-trained personnel;

(c) Inmates in medical restraints, if possible, after every two hours of continuous use, each extremity is freed or exercised for a period of five to ten minutes.

(6) Documentation of efforts for less restrictive treatment alternatives.

(7) An after-incident review.

(S) (Important) Continuous quality improvement program. The health authority will develop a continuous quality improvement (CPI) system of monitoring and reviewing, the fundamental aspects of the jail's health/mental health care system, including but not limited to: access to care; the intake process; emergency care and hospitalizations; and, adverse inmate occurrences, including all deaths. Periodic chart reviews are included to determine the timeliness and appropriateness of the clinical care provided to inmates. The health authority and the jail administrator or their designees meet at least quarterly.

(T) (Important) Emergency response plan - The health aspects of the emergency response plan (mass disaster drill & man down drill). Emergency medical care, including first aid and basic life support, is provided by all health care professionals and those health-trained correctional staff specifically designated by the jail administrator. All staff performing cardiopulmonary resuscitation (CPR) are certified in accordance with the recommendations of certifying health organizations.

(U) (Essential) Continuing education for health trained personnel. All qualified health care professionals participate annually in continuing education appropriate for their position.

(V) (Essential) Special nutritional and medical diets. Inmate diets are modified when ordered by the appropriate licensed individual to meet specific requirements related to clinical conditions.

(W) (Essential) Intoxication withdrawal. The health authority will develop specific policies and protocols in accordance with local, state and federal laws for the treatment and observation of inmates manifesting symptoms of withdrawal from alcohol, opiates, hypnotics, or other drugs. Specific criteria are established for immediately transferring inmates experiencing severe, life-threatening intoxication (overdose) or withdrawal symptoms to a hospital or withdrawal management center.

(X) (Important) Substance use care. The health authority will develop specific policies and protocols for the care of individuals regarding substance use care, including but not limited to:

(1) ) Continuity of care; Jails will establish systems to ensure that patients who had been receiving medication assisted treatment (MAT) before their arrest have MAT continued in a timely manner and have a plan developed for continuation of treatment post release.

(2) Diversion of agonist medications: MAT programs will have risk mitigation strategies including ongoing monitoring for individuals receiving MAT.

(3) MAT for pregnant women: Pregnant women with opioid and alcohol use disorders require specialized services to prevent and reduce health risks during pregnancy.

(Y) (Essential) Confidentiality. Information about an inmate's health status is confidential. Non-medical staff only have access to specific medical information on a "need to know" basis in order to preserve the health and safety of the specific inmate, other inmates, volunteers, visitors, criminal justice professionals or correctional staff. The active health record is maintained separately from the confinement case record and access is controlled in accordance with state and federal laws.

(Z) (Important) Informed consent. The health authority will develop a policy and procedure requiring that all examinations, treatments and procedures are governed by informed consent practices applicable in the jail's jurisdiction.

(AA) (Important) Privacy. The health authority will develop a policy whereby health care encounters, including medical and mental health interviews, examinations, and procedures are conducted in a setting that respects the inmate's privacy.

(BB) (Important) Inmate death. In all inmate deaths, the health authority determines the appropriateness of clinical care; ascertains whether corrective action in the healthcare system's policies, procedures, or practices is warranted; and, identifies trends that call for further study.

Last updated April 13, 2026 at 7:45 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-10 Food service.

Each full-service jail shall comply with the following minimum food service standards:

(A) (Essential) There will be documentation that the food service operation complies with the regulations of the local or state health department. Corrective action is taken on any deficiencies.

(B) (Essential) Inmates will be served a minimum of three meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals. Inmates can be served a minimum of two meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals, on weekends, state holidays and during emergencies.

(C) (Essential) Menu cycles and contents will be evaluated and approved annually by a licensed nutritionist or registered dietitian or registered dietitian nutritionist.

(D) (Important) Records of food items served at meals will be maintained pursuant to the jail's record retention schedule.

(E) (Essential) The jail will make provisions for modified diets by physician's order or to accommodate the mandatory dietary requirements of a recognized religion practiced by the inmate.

(F) (Important) Except as noted in paragraph (E) of this rule and in paragraph (V) of rule 5120:1-8-09 of the Administrative Code, all inmates in the jail are to be served the same meal unless the inmate uses food or food service equipment in a manner that is hazardous to self, staff, or other inmates. An inmate's menu may be modified on the basis of health or safety considerations for a period not to exceed seven consecutive days, as long as the menu meets basic nutritional requirements and occurs with the written approval of the jail and the approval of a licensed nutritionist, registered dietitian, or registered dietitian nutritionist.

(G) (Essential) All persons involved in the preparation of food will receive a preassignment medical examination and annual re-examinations.

(H) The jail will institute policies and procedures that include the following:

(1) (Essential) All food handlers are instructed to wash their hands upon reporting for kitchen duty, after restroom breaks, and after handling unsanitary items.

(2) (Essential) The food services manager or designee is responsible for a healthy and sanitary kitchen environment and will immediately address any health or cleanliness issues with kitchen staff or inmate workers.

(I) (Important) All staff, contractors, and inmates who work in the food service department are trained in the use of food service equipment to which they are assigned and the applicable safety procedures.

Last updated April 13, 2026 at 7:45 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-11 Recreation and programming.

The jail shall comply with the following recreation and programming standards:

(A) (Important) Exercise and/or equipment for inmates will be provided and the jail shall ensure that inmates are offered at least five hours per week.

(B) (Important) The jail will provide for inmate television viewing and table games.

(D) (Important) The jail will provide the opportunity for alcohol and drug abuse treatment, academic training, psychological and social services and other community services. When both males and females are housed in the same facility, available services and programs are equivalent.

(E) (Important) Inmates will be permitted to practice a recognized religion subject to limitations necessary to maintain security and order.

Last updated January 5, 2026 at 8:10 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-12 Inmate disciplinary process.

Each full service jail shall maintain the following minimum standards regarding the inmate disciplinary process.

(A) (Important) Written inmate rules will specify prohibited acts or conduct, degrees of violations, ranges of penalties, and disciplinary hearing procedures.

(B) (Important) There will be a sanctioning schedule for rule violations. The jail administrator or designee will review and approve the sanctioning schedule.

(C) (Important) Inmate rules will specify the fundamental rights that cannot be suspended except in an emergency or other condition beyond the control of the jail administrator.

(D) (Important) Jail disciplinary measures will not include corporal punishment, discipline administered by inmates, or withholding food.

(E) (Important) Pre-disciplinary hearing requirements will include, at minimum, a written incident report, an inmate's opportunity to waive in writing the disciplinary hearing, an investigation that commences within twenty-four hours of the incident to determine whether sufficient evidence exists to support the charge, and written notification to the inmate of the nature and date of the violation within twenty-four hours ofthe alleged violation(s) or discovery of the alleged violation(s). These requirements will be supported by written procedures and policies.

(F) (Important) The inmate will have a minimum period of twenty-four hours after receiving written notification of the rule violation(s) to prepare for the disciplinary hearing. The inmate may waive the twenty-four hour period. The inmate is given a hearing within forty-eight hours excluding holidays, weekends, and emergencies after receiving the written notification if placed in isolation or within three business days if the inmate is not placed in isolation. Postponement of the hearing may be granted. These requirements will be supported by written policies and procedures.

(G) (Important) Disciplinary hearing requirements will include an impartial hearing officer appointed by the jail administrator or designee. This requirement will be supported by written policies and procedures.

(H) (Important) The disciplinary hearing process will include the inmate's opportunity to be heard, present evidence and question witnesses subject to limitations imposed by the hearing officer withthe hearing officer stating the reasons for any limitations in writing and selection of a staff person by the jail administrator or designee to assist an inmate when the inmate is unable to effectively communicate. These requirements will be supported by written policy and procedure.

(I) (Important) The hearing officer will set forth in writing the facts relied upon to reach a finding and the reasons for the imposition of any penalties. The maximum sanction for rule violations will be no more than sixty days for violations arising out of one incident. Continuous confinement for more than thirty days necessitates the review and approval of the jail administrator or designee. These requirements will be supported by written policy and procedure.

(J) (Important) Jail inmates will be afforded an opportunity to appeal disciplinary actions to the jail administrator or designee.

Last updated January 12, 2026 at 2:49 PM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-15 Administrative segregation.

Full service jails shall comply with the following standards regarding administrative segregation.

(A) Important) Each jail will have written policies and procedures that govern the administrative segregation of inmates from the general population and will be employed to separate an inmate from the general population when one or more of the following exists:

(1) The inmate presents an inability to conform with established standards of behavior for general population.

(2) The inmate poses a threat to self, others, or the security of the jail.

(3) The inmate presents a need for protection as determined by the jail administrator or designee.

(4) The inmate is at risk of spreading a communicable disease.

(5) The jail administrator or designee has otherwise determined that such segregation is necessary and in the best interests of the inmate, staff, or the safe and secure operation of the jail.

(B) (Important) The use of administrative segregation as a penalty is prohibited.

(C) (Important) Within twenty-four hours of administrative segregation, the inmate will be provided with written documentation of the reason for confinement. The inmate will be provided an opportunity for a written or oral response to the jail administrator or designee, to be reviewed within seventy-two hours for determination of continued confinement.

(D) (Important) Inmates held in administrative segregation for thirty consecutive days will receive an administrative review by the jail administrator or designee. Subsequent reviews will be conducted every thirty days. Reviews will be documented.

(E) (Important) Inmates in administrative segregation will receive all privileges and rights unless the inmate poses a threat to the security of the jail or the health and welfare of him/herself or others. Any suspension or modification of privileges and/or rights will be documented.

Last updated January 13, 2026 at 9:39 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-16 Grievance.

(A) (Important) Inmate rules shall include a grievance procedure that is available to inmates and includes at least one level of appeal.

(B) (Important) Retaliation by staff for inmate grievances is prohibited.

Last updated February 21, 2024 at 1:42 PM

History

Effective: April 20, 2014
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-17 Staffing.

Each jail's rules shall comply with the following staffing standards:

(A) (Important) Pre-employment background checks to include a criminal background check will be conducted prior to hiring of jail staff.

(B) (Important) Annual standardized performance reviews of jail employees will be conducted.

(C) (Important) There will be a written, implemented staffing plan that includes jail personnel assignments, days of the week and hours of the day that assignments are covered and any deviations from the plan with respect to weekends, holidays, or other atypical situations.

(1) The plan will include all posts and functions, a calculated shift relief factor, sufficient numbers of male and female jail staff on-duty and available to perform sensitive functions and procedures as necessary by inmate gender, and total number of employees required to fill identified posts and functions.

(2) The plan will reflect that the jail has staff for administration and supervision; inmate programs; inmate supervision, custody and back up; support services including medical, food service, maintenance and clerical; staff training; and other jail-related functions such as escort and transportation of inmates.

(3) The staffing plan will be reviewed once a year by the jail administrator and revised as needed.

(D) (Important) A staff person will be designated in charge or supervisor of each shift.

(E) (Important) There will be a written policy and procedure governing the screening, training and use of volunteers in the jail.

(F) (Important) The jail's policy and procedure manual will contain a code of ethics prohibiting employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest. The code of ethics will be reviewed by each employee on at least a bi-annual basis.

Last updated August 10, 2026 at 1:29 PM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-8-18 Staff training.

Each full service jail shall maintain the following minimum staff training standards:

(A) All correctional officers will receive orientation, on-the-job, and annual inservice training as follows:

(1) (Important) All correctional officers will receive an orientation training program in the facility under the supervision of a qualified staff member. Training will minimally include:

(a) Tour of the facility.

(b) Facility organization, goals, and objectives.

(d) Personnel policy, manual, and policies.

(e) Employee rights and responsibilities.

(f) Staff rules and regulations.

(2) Important) Prior to working independently, correctional officers will receive on-the-job training to include the following minimum topics:

(a) Facility policies and procedures.

(b) Inmate rules and regulations.

(d) Use of force.

(e) Report writing.

(f) Inmate suicide prevention plan.

(g) Key control.

(h) Emergency and medical response plans and procedures.

(i) Sexual assault and misconduct.

(j) Program overview.

(k) Cultural diversity.

(3) (Important) Correctional officers will complete a basic corrections training academy within the first year of employment. This includes training consistent with Chapter 109:2-9 of the Administrative Code or an equivalent program, such as the new employee orientation (NEO) training through the Ohio department of rehabilitation and correction.

(4) (Important) Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate suicide risk and how to respond appropriately.

(B) Jail support staff with routine contact shall receive orientation, on-the-job and annual in-service training as follows:

(1) (Important) Jail support staff with routine contact will receive training in the following minimum topics, prior to having inmate contact.

(a) Facility organization, goals and objectives; agency policies and procedures specific to position.

(b) Working conditions and expectations.

(d) Employees' rights and responsibilities.

(2) (Important) Prior to working independently and within the employee's first thirty days of employment, routine contact jail support staff will receive classification-specific training to include the following minimum topics: legal aspects of corrections, basic security concepts, emergency preparedness, interpersonal communications, first aid, personal safety and reactive force, suicide prevention plan, sexual assault and misconduct and "Standards for Jails in Ohio."

(3) (Important) A minimum of eight hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail-related issues.

(4) (Important) All qualified health care professionals participate annually in continuing education appropriate for their position.

(5) (Important) Contractor training, beyond what is provided by vendor, will be determined at the jail administrator's discretion.

(6) (Important) Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately. The plan includes initial and annual training.

(C) Jail support staff with occasional contact shall receive orientation, on-the-job and annual in-service training as follows:

(1) (Important) Jail support staff with occasional contact will receive training in the following minimum topics, prior to having inmate contact:

(a) Facility organization, goals and objectives; agency policies and procedures specific to position.

(b) Working conditions and expectations.

(d) Employees' rights and responsibilities.

(2) (Important) Prior to working independently and within the employee's first thirty days of employment, occasional contact jail support staff will receive classification-specific training to include the following minimum topics: legal aspects of corrections, basic security concepts, emergency preparedness, tool/key management, personal safety and reactive force, suicide prevention plan and sexual assault and misconduct.

(3) (Important) In-service training for each subsequent year of employment, addressing job assignments and/or jail-related issues as deemed necessary.

(D) Administrators and supervisors will receive orientation, on-the-job and annual inservice training as follows:

(1) (Important) Administrators and supervisors will receive training in the following minimum topics, prior to assignment to duties:

(a) Agency policies and procedures.

(b) Facility organization, goals and objectives.

(d) Code of ethics.

(e) Personnel policy manual and policies.

(f) Employees' rights and responsibilities.

(g) Staff rules and regulations.

(2) (Important) Prior to or during the first year of assignment, complete forty hours of training to include the following minimum topics:

(a) Legal aspects of jail operations.

(b) Supervisory/managerial principles.

(d) Use of force reporting and review.

(e) Facility suicide prevention plan.

(f) Sexual assault and misconduct.

(g) Records/information management.

(3) (Important) A minimum of eight hours of in-service training each subsequent year of employment addressing special issues, skills-enhancement, and other assignment related topics.

(4) (Important) Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately. The plan includes initial and annual training.

(E) (Important) The jail policies and procedures shall be available to jail staff, reviewed annually and updated by the sheriff, jail administrator, or designee, as needed.

Last updated January 13, 2026 at 11:40 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Chapter 5120:1-10 Twelve Day Facilities

Ohio Adm.Code 5120:1-10-01 Reception and release.

(A) Each twelve-day jail, as defined in paragraph (A)(2) of rule 5120:1-7-02 of the Administrative Code, shall adhere to the following standards regarding the reception and release of inmates. Each twelve-day jail shall implement policies and procedures, and produce documentation that evidences compliance with the following standards:

(1) (Important) All inmates are legally committed to the jail.

(2) (Important) The arresting, transporting or committing officer is identified by name and department.

(3) (Important) A booking and identification record shall be made of every commitment that includes the following information:

(a) Time and date of commitment;

(b) Name and alias;

(d) Authority for commitment;

(e) Date of birth of inmate;

(f) Sex of inmate;

(g) Race of inmate;

(h) Height and weight of inmate;

(i) Marital status of inmate;

(j) Home address and telephone number of inmate;

(k) Spouse, next of kin, or person to notify in case of an emergency;

(l) Social security number;

(m) Identifying characteristics (e.g., scars or marks.)

(4) (Important) Inmates shall be identified by photograph and/or identification bracelet during reception.

(5) (Important) Arrested persons shall be provided access to telephones after the reception process.

(6) (Important) Inmates shall be searched and all unauthorized items shall be confiscated. Confiscated items shall be listed in an inventory by objective description and secured.

(a) Money or any form of money shall be confiscated, counted in the inmate's presence and secured.

(b) The inmate's signature shall be affixed to the completed inventory. If the signature cannot be obtained, the inventory shall be witnessed by another staff person.

(7) (Important) The jail shall develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(8) (Important) Inmates who are to be integrated with the general population and/or whose clothing is soiled or infested shall receive a shower and clean clothing.

(9) (Important) Inmates shall not be confined in the reception area for more than twelve hours except when security, health and mental health concerns are being addressed.

(10) (Important) The jail shall develop, implement, maintain, and update as necessary a set of generally applicable inmate rules. The rules shall be accessible to all inmates and shall provide information regarding confinement including:

(a) Sleeping hours

(b) Meals

(d) Telephone access

(e) Visitation

(f) Correspondence

(g) Medical care

(h) Hygiene

(i) Laundry

(j) Programs

(k) Rules of conduct

(l) Disciplinary procedures

(m) Grievance procedures

(11) (Important) A staff member or translator shall assist the inmate in understanding the inmate rules if there is a literacy or language problem. The jail shall maintain signed acknowledgements from each inmate admitted that the rules were received by, and/or explained to them.

(12) (Important) During reception, male and female inmates shall not be placed in the same cell or in unsupervised areas together.

(13) (Important) Juveniles shall not be held in jails except under rare circumstances if at all and shall be accepted only (a) under court order, (b) when all other alternative placements, including placement in the local juvenile detention center, have been considered and rejected, and (c) after the jail provides the juvenile court with information regarding the conditions under which the youth shall be held in the adult jail and the jail's ability to comply with the juvenile specific standards, including paragraph (A)(12) of rule 5120:1-8-01, paragraph (B)(4) of rule 5120:1-8-02, and paragraph (K) of rule 5120:1-8-04 of the Administrative Code. Status offenders, i.e. runaways, curfew violators, etc. are prohibited from the facility. Every effort shall be made to ensure that juveniles are held in jails for the minimum amount of time necessary..

(14) (Important) Inmate identification and release documentation shall be verified.

(15) (Important) Upon an inmate's release to another agency, the jail shall document the following information:

(a) The identity of the receiving officer and their agency when jail staff or jail transportation officers transfer physical custody of the inmate to the receiving officer;

(b) The identity of the receiving agency, when jail transportation agents transfer physical custody of the inmate to a receiving agency;

(d) The authority for the release.

(16) (Important) Upon an inmate's release or transfer, the jail shall obtain a receipt for all property returned to the inmate or the receiving officer, as appropriate.

Last updated January 4, 2024 at 8:55 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-02 Classification.

(A) (Important) Each twelve-day facility shall have a written inmate classification system that specifies the criteria and procedures for determining and changing the classification of an inmate to determine the level of custody required, special needs, housing assignment and participation in programming.

(B) (Important) Each twelve-day facility shall have written policies, procedures and practices which complies with the following standards:

(1) (Important) Male and female inmates are housed separately by sight, touch and out of range of normal conversation.

(2) (Important) Violent and non-violent inmates are not placed in the same cell or unsupervised areas together.

(3) (Important) Male and female inmates are supervised if placed together for purposes of programming, transportation or other similar activities.

(4) (Important) Juvenile and adult inmates are separated in a manner consistent with sections 2151.311 and 2152.26 of the Revised Code.

(5) (Important) Jails using inmate workers shall evaluate and select workers based on established criteria.

(6) (Important) Inmates participating in work or educational release programs shall be searched before leaving the jail and prior to their returning to their housing units; and where practical, these inmates will be housed separately from the general population.

(1) Assigned a bed;

(2) Provided with a clean mattress, blanket, bed linens and towels;

(3) Provided with articles to maintain personal hygiene (toothbrush, toothpaste, soap and feminine hygiene items as needed.)

Last updated January 4, 2024 at 8:55 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-03 Security.

(A) Each twelve-day facility shall maintain the following standards in regard to the security of the jail.

(1) (Essential) An established security perimeter.

(2) (Essential) A secure booking and release area.

(3) (Essential) Temporary weapons storage lockers or other secure storage at each point of entrance to the jail's security perimeter.

(4) (Essential) If installed, closed circuit televisions that are operational and preclude the monitoring of shower, toilet and clothing exchange areas.

(5) (Essential) A two-way communications system between central control, staffed posts and inmate occupied areas. Inmates shall be able to initiate communication with staffed posts.

(B) Each twelve-day jail shall have written policies and procedures, and practices which evidence that the following standards are maintained.

(1) (Important) Procedures govern the availability, control, inventory, storage, and use of firearms, less than lethal devices, and related security devices and specify the level of authority required for their access and use. Chemical agents and electrical disablers are used only with the authorization of the jail administrator or designee. Access to storage areas is restricted to authorized persons and the storage space is located in an area separate and apart from inmate housing or activity areas.

(2) (Important) All inmates shall be searched whenever entering or leaving the jail's security perimeter to control contraband.

(3) (Important) Procedures and practices governing strip and body cavity searches following reception shall be developed and implemented in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(4) (Essential) There is a plan that guides the jail's response to emergencies. All jail personnel are trained annually in the implementation of the emergency plan. The emergency plan should include procedures to be followed in situations that threaten jail's security.

(5) (Essential) The staff shall maintain a written log to record routine information, emergency situations and unusual incidents.

(6) (Essential) An official count shall be conducted three times daily not to exceed nine hours from the previous count to verify inmate's physical presence and identification. Jail staff conducting the count shall record the count.

(7) (Essential) Personal observation checks of inmates shall be conducted at least once every sixty minutes. Observation checks shall be conducted at varying times and shall be documented after completion by the staff person performing the check.

(8) (Essential) The facility will develop policies and procedures for inmates with special needs that will, at minimum, include:

(a) Housing

(b) Referrals

(9) (Essential) Inmates in physical restraints shall be personally checked by staff every ten minutes. The report of the use of physical restraints will be documented, reviewed and signed off by a non-involved supervisor or higher-ranking personnel. The use of physical restraints will be reviewed for policy compliance by the jail administrator or designee.

(10) In regard to the use of force:

(a) (Essential) Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted harm, protection of others, prevention of riot, prevention of discharging a firearm or other weapons, prevention of escape or other crime, and controlling or subduing inmates who refuse to obey a staff command or order.

(b) (Essential) Use of force shall be limited to the amount of force appropriate to control a given situation acknowledging changing levels of force may change in seconds. In no event is physical force used as punishment.

(c) (Essential) An examination and/or treatment by qualified health care personnel shall be provided to inmates or staff involved in a use of force incident when there is obvious physical injury, a complaint of injury or an inmate request for medical attention.

(d) (Essential) Use of force incidents shall be recorded and reviewed by the jail administrator or designee.

(11) Develop procedures to guide searches of the jail and inmates in order to control contraband.

(a) (Important) Inmate accessible areas shall be inspected in a manner that ensures all areas are inspected monthly.

(b) (Essential) A security inspection of the jail shall be conducted once a month.

(c) (Essential) The jail administrator or designee shall be notified of any discovered contraband or physical security deficiencies. The appropriate disposition of contraband and the remediation of physical security deficiencies shall be documented.

(12) (Important) Inmate movement from one area to another is controlled by staff.

(13) (Important) The staff supervision and searching of inmate workers.

(14) (Important) No inmate shall be given control of or authority over any other prisoner, security function or service activity.

(15) (Important) Same gender, cross gender and transgender supervision guidelines shall be provided in policy and procedure.

(16) (Important) The jail shall establish policies and procedures for the use of keys, tools and culinary equipment.

(17) (Important) Toxic, corrosive and flammable substances and tools shall be stored in a secure area and used by inmates only under direct supervision and used only in accordance with manufacturer's instruction. The substances are only accessible to authorized persons.

Last updated January 4, 2024 at 8:55 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-04 Housing.

(A) Twelve-day jails will provide inmates with sufficient space. The jail shall maintain documentation regarding square footage and maximum occupancy figures for all housing and holding areas and shall comply with the following minimum requirements:

(1) Holding cells:

(Important) Sixty square feet for one to three occupants with twenty square feet for each additional occupant up to a maximum of one-hundred twenty square feet (six occupants).

(2) Housing cells:

(a) (Important) Seventy square feet for single occupancy; forty-eight square feet in jails constructed prior to 1983.

(b) (Important) One-hundred square feet with seven feet least dimension for double occupancy, stacked bunks, one hundred and ten square feet with nine feet least dimension for double occupancy, single bunks.

(c) (Important) One-hundred forty-five square feet with nine feet least dimension for triple occupancy, stacked bunks and a single bunk; one-hundred and seventy square feet with twelve feet least dimension for triple occupancy, single bunks.

(d) (Important) One-hundred eighty square feet with nine feet least dimension for quadruple occupancy, two stacked bunks, two-hundred fifteen square feet with twelve feet dimension for quadruple occupancy, single bunks.

(3) Dormitory sleeping space:

(Important) Fifty square feet per occupant, except forty-eight square feet in jails constructed prior to 1983 wherein the formula will be based upon requirements of paragraph (A)(2)(a) of rule 5120:1-10-04 of the Administrative Code.

(B) (Important) Seating will be provided in holding areas, holding cells, housing cells, dormitories, dayrooms and eating areas for each inmate.

(C) (Important) Single cells/rooms and multiple occupancy cells/rooms/dormitories will have an air circulation of fifteen cubic feet of outside or recirculated, filtered air per minute per occupant, or as required by the local jurisdiction. Documentation from a qualified source shall be maintained by the jail.

(D) (Important) Temperature is mechanically raised or lowered to acceptable comfort levels.

(E) (Important) Sanitation facilities will include access to an operable flush toilet and lavatory with hot and cold potable water on a twenty-four hour a day basis without staff assistance.

(F) (Important) Toilet facilities at a minimum of one operable toilet for every twelve occupants.

(G) (Important) Shower facilities at a minimum of one operable shower for every twelve occupants. Water temperatures will be controlled thermostatically in a range from one-hundred five to one-hundred twenty degrees Fahrenheit.

(H) (Important) One operable wash basin with hot and cold potable water for every twelve occupants.

(I) (Important) Noise levels will not exceed seventy decibels . Noise levels will be measured and documented using a sound level meter set to the A-scale (decibels).

(J) (Important) Natural light will be provided in housing units, dorms, cells and/or day spaces.

(K) (Important) Juvenile inmates will be separated by sight and sound from adult inmates.

(L) (Important) If inmate access to clothing, bed, bedding, toilet, lavatory or shower is suspended, there will be a daily review for re-instatement by the jail administrator or designee.

Last updated March 21, 2024 at 9:05 AM

History

Effective: March 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-05 Sanitation and environmental conditions.

(A) Twelve-hour facilities shall adhere to the following standards regarding sanitation and environmental conditions;

(1) (Essential) The jail will provide all prisoners with hygiene articles at intake and replacement items to indigent prisoners.

(2) (Essential) All areas of a twelve-day jail will be safe and sanitary, including the food service, storage spaces and laundry areas. Staff and prisoners will have specific housekeeping responsibilities, including but not limited to, cleaning of toilets, urinals, sinks, drinking facilities and showers in areas occupied by prisoners, and disposal of garbage.

(3) (Essential) Monthly sanitation, vermin and safety inspections of all areas will be done by a designated, trained staff person.

(4) (Important) Regular maintenance and repairs will occur.

(5) (Essential) The jail will be inspected annually by local or state health authorities and a written report will be provided. There will be a written plan to correct jail-related deficiencies.

(6) The jails will maintain documentation that the following standards are met with regard to interior lighting:

(a) (Important) At least twenty foot-candles, measured thirty inches above the floor, in prisoner reading areas.

(b) (Important) At least fifteen foot-candles, measured thirty inches above the floor, in prisoner accessible areas.

(c) (Important) Lighting in prisoner sleeping areas will be reducible to between two and four foot-candles, measured thirty inches above the floor.

(7) The jails will maintain documentation that the following standards are met with regard to bedding, linens and clothing:

(a) (Important) Bedding and mattresses will be in good repair and cleaned prior to being reissued, or when soiled;

(b) (Important) Clean bed linens and towels will be exchanged once weekly, or when soiled. Issuance of clean linens and towels will be documented;

(c) (Important) Issued clothing will be exchanged or laundered twice weekly. Arrangements are made to exchange or launder personal clothing and undergarments twice weekly;

(8) (Important) Each prisoner will be provided the opportunity for a hot shower every forty-eight hours.

(9) (Important) Shaving equipment and supplies will be made available daily, except when providing such equipment or supplies may create a safety and security issue for the prisoner, other prisoners, or staff. Issuance and retrieval of shaving equipment and supplies will be documented.

(10) (Essential) The jail will be inspected annually by a certified local or state fire safety inspector applying the applicable jurisdictional and Ohio fire code. The jail will have a written plan to correct any jail-related deficiencies. The jail will maintain documentation of the inspections and any corrective measures taken.

(11) (Essential) The jail will have a written fire safety plan approved by local fire officials, and that is reviewed annually and updated as needed. The plan will include fire prevention, training and drills, fire response and post-fire documentation and review. A current copy of the plan will be maintained at the local fire department.

(12) (Essential) Training in jail fire safety equipment will be conducted annually.

(13) (Essential) Fire drills will be conducted at intervals not to exceed ninety days on each shift.

(14) (Essential) Jail furnishings will meet fire safety performance requirements.

(15) (Essential) Jail exits will be clear and evacuation routes will be posted or clearly marked throughout the jail.

Last updated March 21, 2024 at 9:05 AM

History

Effective: March 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-06 Communication.

(A) (Important) There shall be no limitation on the amount of incoming or outgoing mail or correspondence via the postal service when the inmate is responsible for the cost of postage.

(B) (Important) Legal mail or correspondence shall be opened and inspected in the presence of the inmate to intercept contraband. All other incoming and outgoing inmate mail, correspondence and packages shall be opened and inspected to intercept contraband or non-permitted items. The jail shall document procedures for the appropriate disposition of intercepted items.

(C) Mail, correspondence and packages shall only be withheld, read or rejected based on legitimate jail interests of order and security and approved by the jail administrator or designee in writing. The inmate shall be notified if mail is withheld or rejected.

(D) (Important) If the jail offers email services to inmates, the incoming and outgoing emails shall be subject to review for security reasons.

(E) (Important) Indigent inmates shall receive writing materials, envelopes and postage for two letters per week.

(F) (Important) Inmates shall have access to legal counsel including telephone contact, written communication and confidential visits.

(G) (Important) Inmates shall have access to inmate telephone services.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-07 Visitation.

(A) (Important) There is a secured visiting area that physically separates the inmate and visitor with capability for two-way, unobscured conversation and/or video visitation.

(B) (Important) The visitation area shall be equipped with seating.

(D) (Important) Visitors shall register upon entry to the jail. The registry shall include the date, visitor names, inmate visited and the length of the visit.

(E) (Important) The jail shall provide general visitation hours that provide inmates the opportunity for thirty minutes of visitation per week. If the jail utilizes video visitation, it will provide weekly general visitation hours that are supported by the video visitation system utilized, no less than twenty minutes per visit. A schedule of visiting hours shall be posted in inmate and visitor areas.

(F) (Important) Written policy and procedures shall govern contact and special visits.

(G) (Important) The jail shall establish visitor security procedures to prevent contraband from entering the jail.

(H) (Important) Visits shall be restricted only if the jail administrator or designee determines that a visit is a threat to safety, security or the best interest of the jail. The jail administrator or designee shall document restrictions in writing.

(I) (Important) Visits between inmates and members of the public shall be monitored and may be recorded by any means for safety and security reasons.

(J) (Important) Professional visits by attorneys of record or clergy shall be permitted as dictated by the jail safety and security needs.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-09 Medical/mental health.

(1) Provide written policies and procedures specifically designed for the jail for all aspects of this standard that shall be reviewed on an annual basis.

Written policies and procedures shall be easily accessible to staff and simple to understand.

(3) Ensure decisions and actions regarding health care and mental health care meet inmate's serious medical and mental health needs are the sole responsibility of qualified health care and mental health professionals.

(4) No inmate shall be denied necessary health care, as designated by the health authority.

(5) Inmates will be treated with dignity and will not be stripped of clothing unless necessary for the health or safety of the inmate and/or other inmates and staff.

(B) (Essential) Inmate pre-screen. Before acceptance into the jail, health-trained personnel shall inquire about, but not be limited to the following conditions and the health authority shall develop policies for the acceptance or denial of admission for:

(1) Suicide thoughts/plan.

(2) Current serious or potentially serious medical or mental health issues needing immediate attention.

(3) The use of an electronic weapon, pepper spray or other less lethal use of force during arrest.

(C) (Essential) Receiving screen. Health trained personnel, in accordance with protocols established by the health authority, shall perform a written medical, dental and mental health receiving screening on each inmate upon arrival at the jail and prior to being placed in general population.

(1) Inquiry includes at least the following:

(a) Current and past illness and health problems;

(b) Current and past dental problems;

(d) Allergies;

(e) Current medications for medical and mental health;

(f) Hospitalizations for medical or mental health purpose(s);

(g) Special health needs;

(h) Serious infection or communicable illness(s);

(i) Use of alcohol and drugs including types, amounts and frequency used, date or time of last use and history of any problems after ceasing use, i.e., withdrawal symptoms;

(j) Suicidal risk assessment;

(k) Possibility of pregnancy;

(l) Other health problems as designated by the health authority.

(2) Observation of the following:

(a) Behavior including state of consciousness, mental health status, appearance, conduct, tremors and sweating;

(b) Body deformities and ease of movement;

(c) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations and needle marks or other indications of drug abuse.

(3) Medical disposition of inmate:

(a) General population;

(b) General population with prompt referral to appropriate health or mental health services;

(d) Medical observation/isolation;

(e) Mental health observation/precautions;

(f) Documentation of date, time and signature and title of person completing screening.

(D) (Essential) Scope of service. The jail shall provide, or make provisions for, twenty-four hour emergency health, dental and mental health care.

(E) (Essential) Credentials. All health and mental health care personnel who provide services to inmates are appropriately credentialed according to the licensure, certification, and registration requirements of Ohio. Verification of current credentials is on file at the facility. Health care staff works in accordance with profession-specific job descriptions approved by the health authority.

(F) (Essential) Sick call. The health authority shall develop a policy and procedure for sick call whereby a physician and/or qualified health care professional conducts sick call.

(G) (Essential) Health and mental health complaints. The jail shall ensure that there is a daily procedure whereby inmates have an opportunity to report medical and mental health complaints through health-trained personnel, or for urgent matters, to any jail employee. The jail employee shall contact the appropriate medical or mental health department immediately. An inmate grievance system for medical and mental health treatment shall be established by the health authority. Both daily complaints and grievances shall be:

(1) Addressed in a timely manner.

(2) Recorded and maintained on file.

(3) Reviewed daily by qualified health care personnel and treatment or follow-up shall be provided as necessary.

(H) (Important) Personal physician treatment. Inmates can be treated by a personal physician in the jail at their own expense, upon the approval by the jail physician, provided that the current credentials of the personal physician are verified.

(I) (Essential) Medical/mental health record. The jail shall maintain an accurate health/mental health record in written or electronic format. The health authority shall develop policies and procedures concerning the following areas:

(1) Health records remain confidential and are only accessible to personnel designated by the health authority.

(2) Correctional staff may be advised of inmates' health/mental health status only to preserve the health and safety of the inmate, other inmates, and jail staff and in accordance with state and federal laws.

(3) Retention and reactivation of said records if an inmate returns to the facility.

(4) Transfer of medical/mental health information or record to external care provider.

(J) (Essential) Pharmaceuticals. Pharmaceuticals are managed in accordance with policies and procedures approved by the health authority and in compliance with state and federal laws and regulations and include the following:

(1) The policies require dispensing and administering prescribed medications by health-trained personnel or professionally trained personnel, adequate management of controlled medications, and provisions of medication to inmates in special management units.

(2) The jail shall develop a policy, approved by the health authority, regarding incoming medications to include obtaining in a timely manner, medications essential for medical and mental health diagnoses and intoxication and detoxication.

(K) (Essential) Mental health services. Inmates evidencing signs of mental illness or developmental disability shall be referred immediately to qualified mental health personnel. The health authority shall develop policies for the following areas:

(1) Screening for mental health problems.

(2) Referral to outpatient services, including psychiatric care.

(3) Crisis intervention and management of acute psychiatric episodes.

(4) Stabilization of inmates with mental illness and prevention of psychiatric deterioration in the jail.

(5) Referral and admission to inpatient facilities.

(6) Informed consent.

(L) (Essential) Suicide prevention program. The health authority shall have a plan for identifying and responding to suicidal and potentially suicidal inmates. The plan components shall include:

(1) Identification. The receiving screening form contains observation and interview items related to the inmate's potential suicide risk.

(2) Training. Staff members who work with inmates are trained to recognize verbal and behavioral cues that indicate potential suicide and how to respond appropriately. The plan includes initial and annual training.

(3) Assessment. The plan specifies a suicide risk assessment and level system. The assessment needs to be completed every time an inmate is identified as being or potentially being suicidal, or if circumstances change. Only a qualified mental health professional may remove inmates from suicide risk status.

(4) Housing. The plan shall designate the housing beds/units for the suicidal or potentially suicidal inmates.

(5) Monitoring. The plan specifies the procedures for monitoring an inmate who has been identified as potentially suicidal. A suicidal inmate is checked at varied intervals not to exceed ten minutes. Regular documented supervision is maintained. Inmates are placed in a designated cell, all belongings removed and other prevention precautions initiated, as appropriate.

(6) Referral. The plan specifies the procedures for referring a potentially suicidal inmate and attempted suicides to a mental health care provider or facility, and includes timeframes.

(7) Communication. The plan specifies for ongoing communications (oral and written), notifications between health care and correctional personnel regarding the status of suicidal inmates.

(8) Intervention The plan addresses how to handle a suicide in progress, including first-aid measures.

(9) Notification. The plan includes procedures of notifying the jail administrator, outside authorities and family members of completed suicides. The plan shall consider safety and security issues when it comes to notification.

(10) Reporting. The plan includes procedures for documenting, monitoring and reporting attempted or completed suicides. Completed suicides are immediately reported to the coroner/medical examiner and the division of parole and community services within thirty days of the incident.

(11) Review. The plan specifies procedures for medical and administrative review if a suicide or a serious suicide attempt occurs.

(12) Critical incident debriefing. The plan specifies the procedures for offering critical incident debriefing to affected staff and inmates.

(M) (Important) Emergency equipment/supplies. Emergency medical equipment and supplies, as determined by the health authority shall be available at all times and replenished, as needed and may include automatic external defibrillators (AEDs).

(N) (Essential) Infectious disease control program. The health authority shall have a written infectious disease control program that collaborates with the local health department and shall include, at minimum, an exposure control plan and standard isolation precautions for inmates and staff, which are updated annually. The health authority will develop written policy and procedures.

(O) (Essential) Pregnant inmate. pregnant inmates shall receive appropriate and timely pre-natal care, delivery and postpartum care, as determined by the health authority.

(P) (Essential) Restraints. Use of restraints for medical and psychiatric purposes shall be applied in accordance with policies and procedures approved by the health authority, including:

(1) Conditions under which restraints may be applied.

(2) Types of restraints to be applied.

(4) Monitoring procedures.

(5) Length of time restraints are to be applied.

(a) There shall be ten-minute, varied checks by correctional staff;

(b) There shall be thirty-minute checks by health-trained personnel;

(c) Inmates in medical restraints, if possible, after every two hours of continuous use, each extremity is freed or exercised for a period of five to ten minutes.

(6) Documentation of efforts for less restrictive treatment alternatives.

(7) An after-incident review.

(Q) (Important) Emergency response plan. The health aspects of the emergency response plan (mass disaster drill and man down drill). Emergency medical care, including first aid and basic life support, is provided by all health care professionals and those health-trained correctional staff specifically designated by the jail administrator. All staff responding to medical emergencies are certified in cardiopulmonary resuscitation (CPR) in accordance with the recommendations of certifying health organizations.

(R) (Essential) Continuing education for health trained personnel. All qualified health care professionals participate annually in continuing education appropriate for their position.

(S) (Important) Continuous quality improvement program. The health authority shall develop a continuous quality improvement (CPI) system of monitoring and reviewing, at least annually, the fundamental aspects of the jail's health/mental health care system, including but not limited to: access to care; the intake process; emergency care and hospitalizations; and, adverse inmate occurrences, including all deaths. Periodic chart reviews are included to determine the timeliness and appropriateness of the clinical care provided to inmates.

(T) (Essential) Special nutritional and medical diets. Inmate diets are modified when ordered by the appropriate licensed individual to meet specific requirements related to clinical conditions.

(U) (Essential) Intoxication and detoxification. The health authority shall develop specific policies and protocols in accordance with local, state and federal laws for the treatment and observation of inmates manifesting symptoms of intoxication or detoxification from alcohol, opiates, hypnotics, or other drugs. The policies will include a suicide assessment. Specific criteria are established for immediately transferring inmates experiencing severe, life-threatening intoxication (overdose) or detoxification symptoms to a hospital or detoxification center.

(V) (Essential) Confidentiality. Information about an inmate's health status is confidential. Non health trained staff only has access to specific medical information on a need to know basis in order to preserve the health and safety of the specific inmate, other inmates, volunteers, visitors, criminal justice professionals or correctional staff.

(W) (Important) Informed consent. The health authority shall develop a policy and procedure requiring that all examinations, treatments and procedures are governed by informed consent practices applicable in the jail's jurisdiction.

(X) (Important) Privacy. The health authority shall develop a policy whereby health care encounters, including medical and mental health interviews, examinations, and procedures are conducted in a setting that respects the inmate's privacy.

(Y) (Important) Inmate death. In all inmate deaths, the health authority determines the appropriateness of clinical care; ascertains whether corrective action in the system's policies, procedures, or practices is warranted; and identifies trends that require further study.

Last updated March 22, 2024 at 11:18 AM

History

Effective: July 3, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-10 Food service.

(A) (Essential) There shall be documentation that the food service operation complies with the regulations of the local or state health department.

(B) (Essential) Inmates shall be served a minimum of three meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals. Inmates can be served a minimum of two meals daily at regularly scheduled intervals, not to exceed fourteen hours between meals, on weekends, state holidays and during emergencies.

(C) (Essential) Menu cycles and contents shall be evaluated and approved annually by a licensed nutritionist or registered dietitian.

(D) (Important) Records of food items served at meals shall be maintained pursuant to the jail's record retention schedule.

(E) (Essential) The jail shall make provisions for modified diets by physician's order or to accommodate the mandatory dietary requirements of a recognized religion practiced by the inmate.

(F) (Important) Except as noted in paragraph (E) of this rule and paragraph (V) of rule 5120:1-8-09 of the Administrative Code, all inmates in the jail are to be served the same meal unless the inmate uses food or food service equipment in a manner that is hazardous to self, staff, or other inmates.

An inmate's menu may be modified on the basis of health or safety considerations for a period of time not to exceed seven consecutive days, as long as the menu meets basic nutritional requirements and occurs with the written approval of the jail and the approval of a licensed nutritionist, registered dietitian, or registered dietitian nutritionist.

(G) Essential All persons involved in the preparation of food shall receive a pre-assignment medical examination and annual re-examinations.

(H) The jail shall institute policies and procedures that require that:

(1) (Essential) All food handlers are instructed to wash their hands upon reporting for kitchen duty, after restroom breaks and/or after handling unsanitary items.

(2) (Essential) The food services manager (or designee) is responsible for a healthy and sanitary kitchen environment and shall immediately address any health or cleanliness issues with kitchen staff or inmate workers.

Last updated April 8, 2021 at 12:26 PM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-11 Recreation and programming.

(A) (Important) The jail shall provide leisure time activities for inmates, which may include, but not limited to: table games, cards, checkers, board games, etc.

(B) (Important) The jail shall provide inmates access to reading materials.

(C) (Important) The jail shall provide inmates with referral information for alcohol and drug abuse treatment or services, academic education or training, mental health services, social services and other community services.

(D) (Important) Inmates shall be permitted to practice a recognized religion, subject to limitations necessary to maintain security and order.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-12 Inmate disciplinary process.

(A) (Important) Written inmate rules will identify prohibited acts and/or conduct, degrees of violations, ranges of penalties and disciplinary hearing and grievance procedures.

(B) (Important) There shall be a sanctioning schedule for rule violations.

(1) The jail administrator or designee shall approve any penalty exceeding suspension of rights or disciplinary isolation for more than twenty-four hours.

(2) The jail administrator or designee shall approve any penalty exceeding suspension of privileges for more than seventy-two hours.

(3) The maximum sanction for a rule violation(s) shall be no more than two hundred eighty-eight hours.

(C) (Important) Inmate rules shall identify the fundamental rights that cannot be suspended except in an emergency, and/or other condition(s)/circumstance(s) beyond the control of the jail administrator or their staff.

(D) (Important) If Inmate access to clothing, bed, bedding, toilet, lavatory and/or shower are suspended, there shall be a daily review for re-instatement by the jail administrator or designee.

Jail disciplinary measures shall not include corporal punishment, discipline administered by inmate(s) and/or the withholding of food or medical treatment.

(E) (Important) Pre-disciplinary hearing requirements shall include, but are not limited to, the following:

(1) A written incident report;

(2) Written notification to the individual inmate(s) of the nature and date of the alleged violation(s);

(3) The opportunity for the inmate to waive the pre-disciplinary hearing;

(4) An investigation that commences within twenty-four hours of the incident and/or discovery of the incident, whichever comes last, to determine whether sufficient evidence exists to support the charge.

(F) (Important) Disciplinary hearing requirements shall include, but are not limited to, the following:

(1) An impartial hearing officer appointed by the jail administrator or designee;

(2) The opportunity for the inmate to be heard, present evidence and question witnesses subject to the limitations imposed by the hearing officer.

The inmate shall have a minimum of twenty-four hours after receiving notice of the rules violations to prepare for the disciplinary hearing.

(3) The inmate shall be provided assistance if they are found by the hearing officer not to be able to communicate.

(4) The opportunity for the inmate to waive the disciplinary hearing.

(5) A hearing to be held within forty-eight hours excluding, holidays, weekends, and emergencies after receiving written notification if placed in isolation or within three business days if the inmate is not placed in isolation.

(a) Postponement of the hearing may be granted.

(b) Written findings prepared by the hearing officer should penalty/sanction be imposed.

(G) (Important) The assessment of penalties against an inmate shall be documented and maintained with the jail record.

(H) (Important) Inmates shall be afforded an opportunity to appeal disciplinary actions of the jail administrator or designee.

Last updated March 24, 2023 at 11:30 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-13 Violations and penalties.

(A) (Important) Rules shall be divided into two distinct categories according to the nature of the violation and the maximum penalty which may be imposed.

(1) Minor violations:

(a) Minor violations shall include, but are not limited to, acts/conduct, which do not constitute a present and immediate threat to the security of the facility, its staff, other inmates, visitors, and/or the inmate who committed the violation.

(b) Minor violations may be penalized by verbal reprimand and/or by restriction of privileges for a period not to exceed two hundred eighty-eight hours.

(2) Major violations:

(a) Major violations shall include, but are not limited to:

(i) Persistent minor rule infractions,

(ii) Incident(s)/activity(ies) where a determination is made that the remedy for a minor violation serves no deterrent effect; and/or

(iii) Violations which cannot be considered minor (e.g., carelessness with tools, equipment, or cleaning supplies, obscene gestures, lying, etc.).

(b) Major rule violations shall be subject to restriction or suspension of the privileges and/or qualified rights enumerated in paragraph (C) of rule 5120:1-10-12 of the Administrative Code or disciplinary isolation, for a period of up to two hundred eighty-eight hours.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-15 Administrative segregation.

(A) (Important) Each twelve-day jail shall have written policies and procedures that govern the administrative segregation of inmates from the general population.

(B) (Important) The use of administrative segregation as a penalty shall be prohibited.

(C) (Important) Administrative segregation shall be employed to separate an inmate from the general population whenever one or more of the following exists:

(1) The inmate presents an inability to conform with established standards of behavior for general population;

(2) The inmate poses a threat to self, others, or the security of the jail;

(3) The inmate presents a need for protection as determined by the jail administrator or designee;

(4) The inmate is at risk of spreading a communicable disease;

(D) (Important) The jail administrator or designee has otherwise determined that such segregation is necessary and in the best interest of the inmate, staff, or the safe and secure operation of the jail.

(E) (Important) Within twenty-four hours of administrative segregation, the inmate shall be provided with notice of the reason for confinement. The inmate shall be provided an opportunity for a written or oral response to the jail administrator or designee, to be reviewed within seventy-two hours for determination of continued confinement.

(F) (Important) Inmates in administrative segregation shall receive all privileges and rights unless the inmate poses a threat to the security of the jail or the health and welfare of him/herself or others. Any suspension or modification of privileges and/or rights shall be documented.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-16 Grievance.

(A) (Important) Inmate rules shall include a grievance procedure that is available to inmates and includes at least one level of appeal.

(B) (Important) Retaliation by staff for inmate grievances is prohibited.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-17 Staffing.

(A) (Important) Each jail shall have a designated jail administrator who is qualified by training or experience to supervise and control inmates as outlined in a written job description.

(B) (Important) Pre-employment background checks shall be conducted prior to hiring of jail staff.

(D) (Important) There shall be a written, implemented staffing plan that includes jail personnel assignments, days of the week and hours of the day that assignments are covered and any deviations from the plan with respect to weekends, holidays or other atypical situations.

(1) The plan shall reflect that the facility has staff for administration, supervision, and jail personnel inmate programs; inmate supervision, custody and back up; support services including medical, food service, maintenance and clerical; staff training; and other jail-related functions such as escort and transportation of inmates.

(2) The staffing plan shall be reviewed once a year by the jail administrator and revised as needed.

(E) (Important) A staff person shall be designated in charge or supervisor of each shift.

(F) (Important) A written code of ethics shall be provided to jail staff.

(G) (Important) There shall be written policy and procedure governing the screening and training and the use of volunteers in the jail.

Last updated January 4, 2024 at 8:56 AM

History

Effective: February 16, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-10-18 Staff training.

(A) (Important) Jail support staff with occasional contact shall receive training in pertinent agency policies and procedures prior to or in conjunction with assignment to jail duties.

Two hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues.

(B) (Important) Correctional officers or staff with routine contact and who are not currently appointed as a peace officer, shall receive training as follows:

(1) Training in jail policies and procedures prior to or in within sixty days of assignment to jail duties.

(2) During the first year of assignment, they shall receive the jailer basic training consistent with Chapter 109:2-11 of the Administrative Code.

Correctional officers that present proof of completion of the "New Employee Orientation" (NEO) training through the Ohio department of rehabilitation and correction satisfy the training requirement in Chapter 109:2-9 of the Administrative Code.

(3) Eight hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues. These training hours are in addition to training mandated by other standards.

(1) Training in jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment, receive training in inmate rights, civil liability, overview of jail standards, basic security duties, inmate discipline, admission, classification, and release, suicide prevention, and medical/mental health issues.

(D) (Important) Administrators and supervisors shall receive training in addition to the training specified in paragraph (B) or (C) of this rule as follows:

(1) Training in jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment, an additional forty hours of training specified in paragraph (B) or (C) of this rule, which may include legal aspects of jail management, managerial principles, labor relations, and records/information management.

(3) Eight hours of in-service training each subsequent year of employment addressing special issues, skills-enhancement and other assignment related topics.

(E) (Important) The jail's policies and procedures shall be available to jail staff, reviewed annually and updated by the jail administrator or designee as needed.

Last updated April 8, 2021 at 12:26 PM

History

Effective: March 22, 2021
Promulgated Under: 111.15

Chapter 5120:1-12 Twelve-Hour Facilities

Ohio Adm.Code 5120:1-12-01 Reception and release.

Each twelve-hour jail facility, as defined in paragraph (A)(3) of rule 5120:1-7-02 of the Administrative Code, shall adhere to following standards regarding the reception and release of prisoners , implement policies and procedures, and produce documentation that evidences compliance with the following standards:

(A) (Important) All prisoners are legally committed to the jail.

(B) (Important) The arresting, transporting or committing officer is identified by name and department.

(1) Time and date of commitment;

(2) Name and alias;

(3) Official charge or charges;

(4) Authority for commitment;

(5) Date of birth of prisoner;

(6) Sex of prisoner;

(7) Race of prisoner;

(8) Height and weight of prisoner;

(9) Marital status of prisoner;

(10) Home address and telephone number of prisoner;

(11) Spouse, next of kin, or person to notify in case of an emergency;

(12) Social security number;

(13) Identifying characteristics (scars, or marks.)

(D) (Important) Prisoners are identified by photograph and/or identification bracelet during reception.

(E) (Important) Arrested persons are provided access to telephones.

(F) (Essential) A preliminary health screening is completed by health-trained personnel on all prisoners upon reception and prior to being placed in general population.

(G) (Essential) Prisoners with signs of untreated injury are not be admitted prior to examination and/or treatment by qualified health care personnel.

(H) (Essential) Unconscious prisoners are not be admitted without the written approval of a physician.

(I) (Important) Prisoners are searched and all unauthorized items will be confiscated. Confiscated items shall be listed in an inventory by objective description and secured.

(1) Money or any form of money is confiscated, counted in the prisoner's presence and secured.

(2) The prisoner's signature is affixed to the completed inventory. If the signature can not be obtained, the inventory will be witnessed by another staff person.

(J) (Important) The jail will develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(K) (Important) The jail will develop, implement, maintain, and update as necessary a set of generally applicable prisoner rules. A staff member or translator will assist the prisoner in understanding the prisoner rules if there is a literacy or language problem. The jail will maintain signed acknowledgments from each prisoner admitted that the rules were received by, and/or explained to them.

(L) (Important) During reception, male and female prisoners are not to be placed in the same cell or unsupervised areas together.

(M) (Important) Juveniles are not to be held in jails except under rare circumstances, if at all. Every effort will be made to ensure that juveniles are held in jails for the minimum amount of time necessary. Processing and reception of juvenile prisoners shall be consistent with sections 2151.311 and 2151.312 of the Revised Code. Further, juveniles will be accepted only under the following circumstances:

(1) Under court order;

(2) When all other alternative placements, including local juvenile detention center placement, have been considered and rejected; and

(3) After the jail provides the juvenile court with information regarding the conditions under which the youth will be held in the adult jail and the jail's ability to comply with the juvenile specific standards, including paragraph (A)(12) of rule 5120:1-9-01, paragraph (B)(4) of rule 5120:1-8-02, and paragraph (K) of rule 5120:1-8-04 of the Administrative Code.

(N) (Important) Prisoners identification and release documentation will be verified.

(O) (Important) Upon a prisoner's release to another agency, the jail will document the following information:

(1) The identity of the receiving officer and the agency;

(2) The time and date of the release;

(3) The authority for the release

(P) (Important) Upon a prisoner's release or transfer, the jail shall obtain a receipt for all property returned at the time of release or transfer from the prisoner, or the receiving officer, as appropriate.

Last updated May 14, 2024 at 8:45 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-03 Security.

(A) Each twelve-hour facility shall maintain the following minimum standards in regard to security of the facility.

(1) (Essential) An established security perimeter.

(2) (Essential) A secure booking and release area.

(3) (Essential) Temporary weapons storage lockers or other secure storage at each point of entrance to the jail's security perimeter.

(4) (Essential) If installed, closed circuit televisions that are operational and preclude the monitoring of shower, toilet and clothing exchange areas.

(5) (Essential) A two-way communications system between central control, staffed posts and prisoner occupied areas. Prisoners are able to initiate communication with staffed posts.

(B) Each twelve-hour facility shall have written policies and procedures, and practices which evidence, that the following minimum standards are maintained.

(1) (Important) Procedures govern availability, control inventory, storage, and use of firearms, less than lethal devices, and related security devices and specify the level of authority required for their access and use. Chemical agents and electrical disablers are used only with the authorization of the jail administrator or designee. Access to storage areas is restricted to authorized persons and the storage space is located in an area separate and apart from prisoner housing or activity areas.

(2) (Important) All prisoners are searched whenever entering or leaving the jail's security perimeter.

(3) (Important) Procedures and practices governing strip and body cavity searches following reception are developed and implemented in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code.

(4) (Essential) A plan to guide the jail's response to emergencies that all jail personnel are trained to implement and which includes procedures to be followed in situations that threaten jail security.

(5) (Essential) The maintenance by staff of a log to record routine information, emergency situations and unusual incidents.

(6) (Essential) An official count is conducted every shift to verify prisoners physical presence and identification. Jail staff conducting the count will record the count.

(7) (Essential) Personal observation checks of prisoners are conducted every sixty minutes. Observation checks are conducted at varying times and documented after completion by the staff person performing the check.

(8) (Essential) Prisoners in physical restraints are personally checked by staff every ten minutes. The report of the use of physical restraints will be reviewed and signed off by a non-involved supervisor or higher-ranking personnel. The use of physical restraints will be reviewed for policy compliance by the jail administrator or designee.

(9) In regard to the use of force:

(a) (Essential) Use of force is limited to instances of justifiable self-defense, prevention of self-inflicted harm, protection of others, prevention of riot, escape or other crime and controlling or subduing a prisoner who refuses to obey a staff command or order.

(b) (Essential) Use of force is limited to the amount of force necessary to control a given situation. In no event is physical force used as punishment.

(c) (Essential) An examination and/or treatment by qualified health care personnel will be provided to prisoners or staff involved in a use of force incident when there is obvious physical injury or there is a complaint of injury or request for medical attention.

(d) (Essential) Use of force incidents will be recorded and reviewed by the jail administrator or designee.

(10) Contraband is defined in rules available to prisoners. All prisoner accessible areas of the jail are inspected for contraband and physical security deficiencies.

(a) (Important) Prisoner housing areas are inspected once a week in a manner that ensures all areas are inspected each month.

(b) (Important) Prisoner accessible areas are inspected in a manner that ensures all areas are inspected each month.

(d) (Essential) The jail administrator or designee is notified of any discovered contraband or physical security deficiencies.

(e) (Essential) The appropriate disposition of contraband and the remediation of physical security deficiencies is documented.

(11) (Important) No prisoner is given control of or authority over any other prisoner, security function or service activity.

(12) (Important) In regard to a key control system:

(a) A key control center for storing working and/or daily issue keys that is inaccessible to unauthorized persons will be maintained.

(b) There is an accounting system for issuing and returning keys.

(d) A complete set of duplicate keys is maintained outside the jail's security perimeter inaccessible to unauthorized persons but accessible for jail needs.

(e) Prisoners are prohibited from handling jail security keys.

(f) Perimeter keys are prohibited from entering the jail's security perimeter except in an emergency.

(g) Emergency keys are marked or color-coded.

(h) The key control system includes provisions for access and authority to operate non-key operated locking devices (i.e., electrical controls, remote release levers.)

(13) (Important) Toxic, corrosive and flammable substances and tools are:

(a) Stored in a secure area;

(b) Used by prisoners only under direct staff supervision;

(d) Accessible only to authorized persons.

Last updated May 14, 2024 at 8:45 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-04 Holding.

Twelve-hour facilities shall provide prisoners with sufficient space. The facility shall maintain documentation regarding square footage and maximum occupancy figures for all housing and holding areas, and shall comply with the following minimum requirements:

(A) (Important) Holding cells: will provide sixty square feet for one to three occupants and twenty square feet for each additional occupant, up to a maximum of one hundred twenty square feet for six occupants.

(B) (Important) Seating will be provided for prisoners in holding areas, holding cells, dayrooms, and eating areas.

(1) (Important) Air circulation of fifteen cubic feet of outside or re-circulated filtered air per minute per occupant or as required by the local authority having jurisdiction. Documentation from a qualified source will be maintained by the facility.

(2) (Important) Temperature is mechanically raised or lowered to acceptable comfort levels.

(3) (Important) Sanitation facilities will include access to an operable flush toilet and lavatory with hot and cold potable water on a twenty-four hour a day basis without staff assistance.

(D) (Important) Male and female prisoners will be separated by sight, sound, and touch.

(E) (Important) Juvenile prisoners shall be separated by sight, sound, and touch from adult prisoners.

Last updated May 14, 2024 at 8:45 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-05 Sanitation and environmental conditions.

Each twelve-hour facility shall maintain the following minimum standards in regard to sanitation and environmental conditions of the facility:

(A) (Essential) All areas of a twelve-hour facility will be safe and sanitary, including the food service and laundry areas. Staff and prisoners will have specific housekeeping responsibilities, including but not limited to:

(1) Daily cleaning of toilets, urinals, sinks, and drinking facilities in areas occupied by prisoners:

(2) Weekly sanitation inspections:

(3) Regular maintenance and repairs.

(B) (Important) All grounds, walkways, driveways, and parking areas will be illuminated at night.

(C) (Essential) The facility will be inspected annually by local or state health authorities and a written report shall be provided. There will be a written plan to correct jail-related deficiencies.

(D) (Essential) The facility will be inspected once a month for insects, vermin, and rodents. Treatment will be provided as needed by a licensed exterminator. The jail will maintain documentation of the inspections and any necessary extermination treatments.

(E) (Important) The facility will maintain documentation that the interior lighting is at least fifteen foot-candles, measured thirty inches above the floor, in prisoner accessible areas and reducible to between two to four foot candles during sleeping hours.

(F) (Important) Supply and equipment storage areas will be clean and orderly.

(G) (Essential) The facility will be inspected annually by a certified local or state fire safety inspector applying the applicable jurisdictional and Ohio Fire Code. The jail will have a written plan to correct any jail-related deficiencies. The jail will maintain documentation of the inspections and any corrective measures taken.

(H) (Essential) the facility will have a written fire safety plan approved by local fire officials that is reviewed annually and updated as needed. The plan will include fire prevention, training and drills, fire response, and post-fire documentation and review. A current copy of the plan will be maintained at the local fire department.

(I) (Important) Training in jail fire safety will be conducted annually.

(J) (Essential) Fire drills will be conducted at intervals not to exceed 90 days, on each shift, so that fire drills are conducted annually.

(K) (Essential) Jail facility exists will be clear and evacuation routes will be posted or clearly marked throughout the facility.

Last updated June 17, 2024 at 8:51 AM

History

Effective: June 16, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-07 Visitation.

Each twelve-hour facility shall abide by the following minimum standards for visitation:

(A) (Essential) Establish visitor security controls to prevent contraband from entering the jail.

(B) (Essential) Ensure prisoner access to legal counsel of record including telephone contact, written communication, and confidential visits.

Last updated May 14, 2024 at 8:45 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-09 Medical.

Each twelve-hour facility shall maintain the following minimum standards in regard to medical policies and procedures:

(A) (Essential) Medical policies and procedures will be specifically developed for the facility. A physician, licensed to practice medicine in Ohio, will document approval upon initial development and whenever revisions are made.

(B) (Essential) Health-trained personnel will perform a medical, dental and mental health screening on each prisoner upon arrival at the jail. Findings will be recorded on a form approved by the jail physician. The receiving screening includes at least the following:

(1) Inquiry into:

(a) Current illness and health problems;

(b) Dental problems;

(d) Use of alcohol and drugs including types, amounts and frequency used, date or time of last use and history of any problems after ceasing use;

(e) Past and present treatment or hospitalization for mental disturbances or suicidal ideation;

(f) Possibility of pregnancy;

(g) Other health problems designated by the jail physician.

(2) Observation of:

(a) Behavior including state of consciousness, mental health status, appearance, conduct, tremors and sweating;

(b) Body deformities and ease of movement;

(c) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations and needle marks or other indications of drug abuse.

(D) (Essential) Prisoners will be treated by a personal physician in the jail at their own expense, upon approval by the jail physician, provided that current credentials of the personal physician are verified.

(E) (Essential) The jail will exercise proper management of pharmaceuticals and address the following:

(1) Procedures for medication receipt, storage, dispensing and administration or distribution;

(2) Dispensing of medicine in conformance with federal and state laws.

(F) (Essential) No prisoner will be denied health care.

(G) (Essential) Prisoners evidencing signs of mental illness or developmental disability will be referred immediately to qualified mental health personnel.

(H) (Essential) The jail will have a plan for identifying and responding to suicidal prisoners. The plan components will include:

(1) Identification - The receiving screening form contains observation and interview items related to the prisoner's potential suicide risk;

(2) Training - Staff members who work with prisoners are trained to recognize verbal and behavioral cues that indicate potential suicide. The plan includes initial and annual training;

(3) Assessment - The plan specifies a suicide risk assessment, and level system. Only a qualified mental health professional may remove prisoners from suicide risk status;

(4) Monitoring - The plan specifies the procedures for monitoring an prisoner who has been identified as potentially suicidal. A suicidal prisoner is checked at varied intervals not to exceed ten minutes. Regular documented supervision is maintained. prisoners are placed in a designated cell, all belongings removed, and other prevention precautions initiated as appropriate;

(5) Referral - The plan specifies the procedures for referring potentially suicidal prisoners and attempted suicides to a mental health care provider or facility;

(6) Communication - Procedures exist for ongoing written communication between health care and correctional personnel regarding the status of suicidal prisoners;

(7) Intervention - The plan addresses how to handle a suicide in progress, including first aid measures;

(8) Notification - The plan includes procedures for notifying the jail administrator, outside authorities, family members of completed or attempted suicides requiring medical hospitalization;

(9) Reporting - The plan includes procedures for documenting, monitoring, and reporting attempted or completed suicides. Completed suicides are reported to the division of parole and community services within thirty days of the incident;

(10) Review - The plan specifies procedures for medical and administrative review if a suicide or a serious suicide attempt, as defined by the suicide plan, occurs;

(11) Critical incident debriefing - The plan specifies the procedures for offering critical incident debriefing to affected staff and prisoners.

(I) (Essential) Emergency medical equipment and supplies, as determined by the jail physician, will be available at all times, inventoried monthly and replenished as needed.

(J) (Essential) There is a written infectious diseases control program implemented in the facility that collaborates with the local health department.

Last updated May 14, 2024 at 9:58 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-10 Food service.

Each twelve-hour facility shall comply with the following minimum food service standards:

(A) (Essential) prisoners will be served a minimum of three meals at regularly scheduled intervals.

(B) (Important) All prisoners held during an established mealtime are provided a meal.

(C) (Important) Prisoner diets are to be modified by the appropriate licensed individual to meet specific requirements related to medical conditions and to accommodate religious requirements.

Last updated May 14, 2024 at 9:58 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-12 Prisoner discipline.

Each twelve-hour facility shall maintain the following minimum standards regarding discipline:

(A) (Important) Prisoner rules will specify prohibited acts.

(B) (Important) Prisoner rules will specify the fundamental rights that cannot be suspended except in an emergency or other conditions beyond the control of the jail administrator.

(C) (Important) Jail disciplinary measures will not include corporal punishment, discipline administered by prisoners, or withholding food.

Last updated May 14, 2024 at 9:59 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-16 Grievance.

Each twelve-hour facility shall maintain the following minimum standards in regard to grievances:

(A) (Important) prisoner rules will include a grievance procedure that is available to prisoners and includes at least one level of appeal.

(B) (Important) Retaliation by staff for prisoner grievances is prohibited.

Last updated May 14, 2024 at 9:59 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-17 Staffing.

Each twelve-hour facility shall maintain the following minimum standards for staffing:

(A) (Essential) Have a designated jail administrator who is qualified by training or experience to supervise and control prisoners as outlined in a written job description.

(B) (Important) There is a written, implemented staffing plan that includes jail personnel assignments, days of the week and hours of the day that assignments are covered and any deviations from the plan with respect to weekends, holidays or other atypical situations. The staffing plan is reviewed at intervals not to exceed three hundred sixty-five days and revised as needed

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-12-18 Staff Training.

Each twelve-hour facility shall maintain the following minimum standards in regard to staff training:

(A) (Important) At least one employee per shift, and all others who have been assigned direct responsibility of custody and supervision of prisoners will receive training as follows:

(1) Training in the jail policies and procedures prior to or in conjunction with assignment to jail duties.

(2) During the first year of assignment receive sixteen hours of training including legal aspects of corrections, security concepts, emergencies, interpersonal communications, first aid/CPR, medical/mental health issues, suicide prevention, unarmed self-defense and "Minimum Standards for Jails in Ohio."

(3) Two hours of in-service training each subsequent year of employment addressing specific job assignments and/or jail related issues.

(B) (Important) The jail policies and procedures will be available to jail staff, reviewed annually and updated by the jail administrator as needed.

Last updated May 14, 2024 at 9:59 AM

History

Effective: May 12, 2024
Promulgated Under: 111.15

Chapter 5120:1-14 Community Based Corrections Facilities and Programs

Ohio Adm.Code 5120:1-14-01 Glossary of terms.

(A) Single county community-based correctional facility and program: A program established by any county within the state of Ohio which has a population of two-hundred thousand residents or more for the purpose of the commitment of felony offenders to a residential facility by the common pleas court pursuant to sections 2301.51 to 2301.58, 5120.111, 5120.112 and 5149.06 of the Revised Code.

(B) District community-based correctional facility and program: a program established by two or more neighboring or adjoining counties within the state of Ohio which together have an aggregate population of at least two-hundred thousand or more residents for the purpose of the commitment of felony offenders to a residential facility by the common pleas courts pursuant to sections 2301.51 to 2301.58, 5120.111, 5120.112 and 5149.06 of the Revised Code.

(C) Facility governing board: the board established in accordance with section 2301.51 of the Revised Code whose duties and responsibilities are to administer a community-based correctional facility and program, develop rules for the operation of the facility, appoint the director, and establish the salaries of the director and all other program staff who shall be employees of the board.

(D) Judicial advisory board: the board established in accordance with section 2301.51 of the Revised Code, whose duties include making appointments to the facility governing board and providing advice to the facility governing board regarding the public safety needs of the community, screening criteria and other matters.

(E) District: a geographic area comprised of two or more neighboring or adjoining counties in the state of Ohio with a total combined population of two-hundred thousand or more.

(F) Community-based correctional facility (CBCF): a "secure facility used to confine persons sentenced by the court or courts of common pleas or referred by a legal entity which conforms to operating standards established by the department of rehabilitation and correction.

(G) Community-based correctional program: a program that provides general treatment to be applied individually to eligible persons sentenced by a court or courts of common pleas or referred by a legal entity consisting of an evaluation period of thirty days that shall include, but not be limited to education, treatment, or work release, and has screening and admission standards.

(H) Eligible felony offender: a person who has been convicted of or pled guilty to a felony. A person may qualify as an "eligible felony offender" only if the person is not a repeat violent offender according to the definition set forth in section 2929.01 of the Revised Code, and is not required to initially serve a mandatory prison term.

(I) Proposal: the written plan to establish a community-based correctional facility and program submitted by the facility governing board of a single county or district which must be approved by the division of parole and community services prior to placement of any person to a community-based correctional facility and program.

(J) American correctional association: an international correctional association that develops, promulgates and implements standards for correctional agencies/facilities.

(K) Evidence-based practices: principles and practices that research has shown to be effective.

(L) Design standards: standards for the construction and renovation of community- based correctional facilities.

(M) Authorized entity: the legal entity authorized by law to refer or commit an eligible felony offender to a community-based correctional facility.

(N) Ohio risk assessment system: the single validated risk assessment tool identified in rule 5120-13-01 of the Administrative Code.

(O) Community control revocation: an entry journalized by a juvenile court, municipal court, county court, county municipal court, or court of common pleas in response to an offender's violation of a condition of community control and through which the court imposes a longer time under the same sanction, imposes a more restrictive sanction, or imposes a period of incarceration in response to the violation.

Last updated April 24, 2026 at 8:25 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-02 Eligibility requirements for community based correctional facilities and programs.

(A) This rule establishes the minimum eligibility requirements that must be met by participating counties for establishing single county or district community-based correctional facilities and programs.

(B) Single county community-based facilities and programs:

(1) Any county desiring to establish a single county community-based correctional facility and program must be within a county whose population is two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each facility governing board must develop, adopt and submit to the division of parole and community services a proposal for the development, implementation, and operation of a community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal establishing a community-based correctional facility and program which has been submitted by the facility governing board, no person can be sentenced or referred to the facility or program.

(1) Two or more adjoining or neighboring counties desiring to establish a district community-based correctional facility and program must have an aggregate population of two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each district facility governing board must develop, adopt, and submit to the division of parole and community services a proposal for the development, implementation, and operation of a district community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal to establish a district community-based correctional facility and program which has been submitted by the facility governing board, no person can be referred or sentenced to the facility or program.

(D) Each facility governing board must specify in the proposal, in order to receive division of parole and community services funds for the maintenance, implementation, and operation of a community-based corrections program a clear obligation to reduce the number of offenders committed to state penal institutions. Proposals for the establishment of community-based correctional facilities and programs shall emphasize programming that assists the offender in the community while maintaining public safety.

(E) A fiscal agent shall be designated to be responsible for the supervision of all fiscal matters related to state funds received by the facility governing board and subject to the rules set forth in division (G)(1) of section 2301.55 of the Revised Code.

(F) Each facility governing board shall ensure that the community-based correctional facility and program complies with federal, state and county audit rules governing the management of funds and shall complete fiscal reports and forward to the department of rehabilitation and correction.

(G) Each facility governing board shall maintain and operate facilities and programs that meet the requirements adopted in section 5120.112 of the Revised Code.

(H) Each facility governing board must meet all provisions of rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and must comply with relevant local, state, and federal laws.

Last updated February 18, 2026 at 8:24 AM

History

Effective: December 15, 2006
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-03 Requirements for facility governing boards in the operation of community based correctional facilities.

(A) This rule sets forth the minimum requirements of operation that must be met by each facility governing board.

(B) Facilities shall have stated goals and measurable objectives within the proposal submitted to the division of parole and community services. Approved programs must operate in a manner consistent with achievement of stated goals and objectives.

(C) Community-based correctional facilities and programs shall have seven-day-a-week, twenty-four-hours-a-day supervisory coverage.

(D) The community-based correctional facility shall afford equal treatment to offenders, applicants, and staff without discrimination as to that person's race, color, religion, sex (including gender identity, sexual orientation, pregnancy), national origin, age, disability, or genetic information.

(E) Each facility governing board shall have a written policy prohibiting any conflict of interest in accordance with Ohio ethics law.

(F) Each facility governing board shall have policies and procedures which shall be available to all employees that shall include:

(1) Job description and job qualifications;

(2) Recruitment, training, and supervision of staff;

(3) Orientation of new staff;

(4) Promotional opportunities;

(5) Disciplinary policies and procedures.

(G) Community-based correctional facilities must be constructed or modified, and maintained and operated so that they comply with design guidelines and operating standards for community-based correctional facilities in Ohio.

(H) Each community-based correctional facility shall be used to confine felony offenders sentenced by a court or courts or referred by a legal entity. The facilities shall be secure and contain any other measures necessary to ensure community safety.

(I) Each community-based correctional facility and program receiving funds from the department of rehabilitation and correction shall comply with statistical requirements as set forth by the division of parole and community services for the purpose of evaluating the facility and program.

(J) Each community-based correctional facility and program shall implement an orientation period for newly admitted offenders. During the orientation period, offenders shall undergo a comprehensive assessment process to determine program placement and familiarize them with facility requirements. No offender shall leave the facility during orientation, except in situations where there is a verifiable medical emergency or permission is granted by the referring court or the division of parole and community services; for example, if the offender is employed.

(K) All persons who staff the community-based correctional facility and programs, including those who receive some or all of their salaries from state financial assistance, are not employees of the department of rehabilitation and correction.

(L) Persons hired to staff community-based correctional facilities and programs shall be unclassified employees of facility governing boards or contract providers. Each facility governing board shall develop and adopt personnel policies and procedures for hiring, promoting, demoting, suspending, and removing its employees.

(M) Each community-based correctional facility and program shall regularly advise courts and legal entities it serves of the availability of facilities and programs for proper sentencing decisions and realistic evaluation of alternatives.

(N) Each community-based correctional facility and program shall maintain a case record for each individual admitted to the facility and program which shall contain clear, concise, accurate, and current information. The maintenance and security of individual case records shall be the responsibility of the director of the community-based corrections facility and program, or the director's designee.

Last updated April 24, 2026 at 8:26 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-04 Screening standards.

Screening standards shall at a minimum provide for the following:

(A) A referral procedure for use by the sentencing court or legal entity for referral or commitment to the facility and program. The referral procedure shall include but is not limited to:

(1) A procedure for receiving notification from the sentencing court of all sentenced felony offenders .

(2) A procedure for receiving a presentence investigation report from the court or its probation department. Per section 2951.03 of the Revised Code, the presentence investigation report shall include but is not limited to the following:

(a) Present offense;

(b) Criminal record;

(d) Present condition of the defendant.

(B) A procedure for processing referred cases which includes at a minimum the following:

(1) Establishment of a case record upon receipt of notification of a referral from the sentencing court or legal entity.

(2) Determination of offender eligibility, per division (E) of section 2301.52 of the Revised Code and those who may be excluded under the admission criteria specified in rule 5120:1-14-09 of the Administrative Code or by screening standards adopted by facility governing boards.

(3) A screening process to be applied to each eligible felony offender sentenced by the court or legal entity and referred to the program, which at a minimum must include:

(a) Information from the probation department, police authorities, criminal justice and social agencies that have had previous contact with the offender. Review of prior juvenile and adult records contained in the presentence investigation report.

(b) The screening report for each felony offender referred by the court or legal entity shall include but is not limited to the following areas:

(i) Present offense;

(ii) Prior offenses and pending offenses;

(iii) Family relationships;

(iv) Education;

(v) Employment;

(vi) Health;

(vii) Drug/alcohol history;

(viii) Military;

(ix) Goals of offender;

(x) Identification of other agency contact;

(xi) A summary of the screening report must be placed in the case record.

(c) In addition, the screening process shall provide to the offender a description of the community-based correctional facility and its program.

Last updated April 24, 2026 at 8:26 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-05 Application and fiscal management for facility governing boards.

(A) Application:

Applications for state financial assistance to establish, maintain and operate a community-based correctional facility and program shall be submitted to the division of parole and community services of the department of rehabilitation and correction.

(B) Fiscal management

The fiscal management rules prescribe the procedures with which applicants receiving state financial assistance must comply during the period of agreement.

(1) Terms and conditions:

(a) Applicants agree to operate the program as outlined in the application submitted by the facility governing board and as approved by the division of parole and community services, department of rehabilitation and correction. The application shall contain proposed budget expenditures, by category, for the total cost of operating the facility and program for the time frame designated by the bureau of community sanctions.

(b) Funding shall be paid by the department of rehabilitation and correction to the applicant and shall be specified in the grant agreement.

(2) Personnel services:

(a) The only positions which will be funded are those set forth in the application. Changes in number of positions created, filled, or vacated during the grant period require prior approval of the bureau of community sanctions, division of parole and community services.

(b) Persons employed under a grant who staff the community-based correctional facility and programs, including those receiving some or all of their salaries from state financial assistance, are not employees of the department of rehabilitation and correction.

(3) Expenses:

(a) Expenditures of state funds may be used to operate the program as submitted and approved by the bureau of community sanctions, division of parole and community services.

(b) Expenditures must comply with guidelines established by the bureau of community sanctions, division of parole and community services and are consistent with federal, state and local laws.

(4) Payment and accounting:

(a) Payments made under the grant agreement shall be made to county auditors or for deposit with county treasurers as designated in writing by the facility governing board.

(b) There shall be no direct payment of state funds by the department of rehabilitation and correction to any individual or private entity.

(c) The applicant shall maintain adequate records itemizing all expenses paid with grant funds. Such records shall be open to inspection at any time by the department of rehabilitation and correction, the auditor of state or agents appointed by the auditor during and after the grant period.

Last updated April 24, 2026 at 8:26 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-06 Proposals for community based correctional facility programs.

(A) The department of rehabilitation and correction shall provide local facility governing boards with technical assistance upon request.

(B) Each proposal for a community-based correctional facility shall set forth all information required by section 2301.52 of the Revised Code. To assist facility governing boards in developing proposals, the department sets forth the following proposal guidelines: describe, document, and analyze the present status of the local criminal justice system, with special attention on existing correctional services. The use of statistical data shall include figures from the last fiscal year. Information to be reported shall include, but not be limited to, the following:

(1) The number of offenders, with a profile of convictions by felony level, the number sentenced to state institutions, the number placed on community sanctions and the number of sentences modified during the previous fiscal year.

(2) A description of the continuum of sanctions within the proposed community-based correctional facility jurisdiction(s). With a description of how the community-based correctional facility complements the continuum of sanctions for the jurisdictions to be served and how it will:

(a) Reduce state prison commitments.

(b) Reduce the costs of incarceration in state prison.

(d) Provide for public safety.

(e) Promote determinants of post-release success.

(f) Provide productive offender reintegration into the community;

(g) Reduce recidivism.

(3) The estimated number of offenders that will be referred or committed to the facility and program in the year of application.

(4) Proposed treatment programs.

(5) The proposed budget for maintaining and operating a facility and program.

(6) Identification of the county or counties establishing a facility governing board, and the names of members of the facility governing board.

(7) Stated goals and objectives of the facility and program.

(C) Facility governing boards whose proposals and/or requests for funding are approved will be notified of approval within sixty days of submission of the proposal.

(D) Facility governing boards whose proposals and/or requests for funding are disapproved will be notified of such disapproval within sixty days of submission along with written reasons.

(E) When a facility governing board wishes to significantly change the proposal during the grant period, it may do so with written approval of the department of rehabilitation and correction. Each request for change shall be made in writing to the bureau of community sanctions, division of parole and community services, department of rehabilitation and correction. The department shall respond in writing with an approval or rejection within sixty days of such request. If any request is not granted approval, the specific reasons for the rejection shall be stated and alternative recommendations may be made.

(F) Both facilities and program must be in compliance with the applicable provisions of rules 5120:1-14-01 to 5120:1-14-09 of the Administrative Code as well as relevant local, state and federal laws.

Last updated April 24, 2026 at 8:26 AM

History

Effective: April 24, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120:1-14-08 Compliance with rules of the department of rehabilitation and correction.

(A) Participating facility governing boards shall cooperate with and provide any additional information as may be required by the department of rehabilitation and correction in carrying out an ongoing evaluation of community-based correctional facilities and programs to determine the program's success and to assist the department of rehabilitation and correction in the preparation of its annual report.

(B) Program evaluation:

(1) The program shall be evaluated on the basis of a research design agreed upon between the department of rehabilitation and correction and applicants.

(2) The applicant shall provide information as required by a management information system established by the department of rehabilitation and correction.

(C) Failure to comply with rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and the agreement may be cause for the director of the department of rehabilitation and correction to withhold further funding. The reason for the intent to withhold funds shall be given in writing to the facility governing board sixty days prior to the withholding of funds. The facility governing board shall have sixty days following the receipt of such notice in which to present a petition for reconsideration to the director of the department of rehabilitation and correction.

Paragraph (C) of this rule, including, but not limited to, its written notice requirement and its petition procedure, do not apply to any funding reduction imposed pursuant to paragraph (D) of rule 5120:1-14-09 of the Administrative Code.

Last updated February 18, 2026 at 8:24 AM

History

Effective: June 4, 2012
Promulgated Under: 119.03

Ohio Adm.Code 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

History

Effective: April 24, 2026
Promulgated Under: 119.03

Chapter 5120:1-15 Approval of T-CAP Memorandums of Understanding

Ohio Adm.Code 5120:1-15-01 Glossary of terms.

(A) Local correctional facility: A county, municipal, municipal-county, multicounty-municipal jail or workhouse, a community alternative sentencing center or district community alternative sentencing center, a minimum security jail, or a community-based correctional facility pursuant to divisions (C) and (D) of section 2929.34 of the Revised Code.

(B) Per diem costs: The actual costs of housing the specified prisoners in the facility, on a per diem basis, as determined under division (F)(1) of section 5149.38 of the Revised Code.

(C) "Targeted Community Alternatives to Prison" (T-CAP): Except as provided in division (B)(3)(d) of section 2929.34 of the Revised Code, on and after July 1, 2018, no person sentenced by the court of common pleas of a voluntary county to a prison term for a felony of the fifth degree shall serve the term in an institution under the control of the department of rehabilitation and correction. Unless otherwise provided in a memorandum of understanding as described under section 5149.38 of the Revised Code, after September 1, 2022, no person sentenced by the court of common pleas of a voluntary county for a felony of the fourth degree shall serve the term in an institution under the control of the department of rehabilitation and correction.

(D) Voluntary county: Any county in which the board of county commissioners of the county and the administrative judge of the general division of the court of common pleas of the county enter into an agreement of the type described in division (B)(3)(b) of section 2929.34 of the Revised Code and in which the agreement has not been terminated as described in that division.

Last updated July 16, 2026 at 8:00 AM

History

Effective: January 15, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5120:1-15-02 Standards for approval of T-CAP memorandums of understanding.

This rule establishes the requirements that must be met for memorandums of understanding submitted by voluntary counties. The department of rehabilitation and correction shall approve MOUs that meet the following criteria:

(A) Set forth plans by which the county will use grant money provided to the county in state fiscal year 2023 and succeeding state fiscal years.

(1) County plans should not expend more than fifty per cent of the grant allotment on jail incarceration.

(2) If a county indicates that more than fifty per cent of the grant allotment will be spent on jail incarceration, the county must indicate and justify why it believes it must spend the level of funding on incarceration and indicate what other alternatives were considered and why those alternatives were not selected.

(B) Specify the manner in which the county will address a per diem reimbursement of local correctional facilities for prisoners who serve a prison term in the facility pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code.

(C) Specify whether the memorandum of understanding will apply to prison terms for felonies of the fifth degree or prison terms for felonies of the fourth and fifth degree pursuant to division (B)(3)(c) of section 2929.34 of the Revised Code.

(D) Provide the fiscal information and calculations for determining its per diem costs per division (F)(4) of section 5149.38 of the Revised Code.

(E) List a contact person with contact information for the grant who will submit the required reports and have knowledge of how the funds are being used.

(F) Contain a statement indicating the county representatives have read, understand, and agree to all requirements listed in the "Grant Requirements" section of the grant announcement.

(G) Include signatures from a county commissioner representing the board of county commissioners of the county, the administrative judge of the general division of the court of common pleas of the county, the sheriff of the county, and an official from any municipality operating a local correctional facility in the county to which courts of the county sentence offenders.

(H) If two or more voluntary counties join together to jointly establish a memorandum of understanding, the memorandum of understanding shall be signed by a county commissioner from each of the affiliating voluntary counties representing the county's board of county commissioners, the administrative judge of the general division of the court of common pleas of each affiliating voluntary county, the sheriff of each affiliating voluntary county, and an official from any municipality operating a local correctional facility in the affiliating voluntary counties to which courts of the counties sentence offenders.

Last updated July 16, 2026 at 8:00 AM

History

Effective: January 15, 2022
Promulgated Under: 111.15

Chapter 5120:1-16 Sex Offender and Child-Victim Offender Treatment Programs

Ohio Adm.Code 5120:1-16-01 Certification for sex offender and child-victim offender treatment programs.

(A) There is hereby created within the department a sex offender and child-victim oriented offender treatment program certification advisory board. The board's responsibilities will be to direct the inspection and monitoring of sex offender and child-victim offender treatment programs. The board will also recommend the certification of sex offender and child-victim offender treatment programs to the director of the department of rehabilitation and correction. The board will monitor and recommend certification for such programs solely for the purposes of compliance with section 2950.15 of the Revised Code.

(1) The board shall consist of the department's director of sex offender services, the director of the sex offender risk reduction center, and the deputy director of the division of parole and community services or designee.

(2) The board shall also consist of representatives from the Ohio justice alliance for community corrections, the Ohio community corrections association, the Ohio judicial conference, the Ohio chief probation officer's association, and a representative from an established victim advocacy organization upon the invitation of the director and consent of the organization.

(B) A sex offender or child-victim oriented offender treatment program shall apply, in writing, to the advisory board for certification. Upon application, the board shall contact the applicant to schedule a mutually convenient time to conduct an on-site inspection and interview. The board may utilize other department staff, trained in sex offender treatment, to assist in conducting any inspections and interviews.

(C) A sex offender or child-victim oriented treatment program may be recommended for certification if it substantially complies with the standards established by the advisory board. The board shall establish standards that address the following:

(1) Statement of philosophy, including goals and model of treatment;

(2) The theoretical principles and operating methods employed to treat clients;

(3) The scope of services offered.

(D) The advisory board shall recommend certification for those sex offender and child-victim offender treatment programs that comply with the standards established by the board. It is within the discretion of the board to determine whether a treatment program is in compliance with any or all of the standards established by the board.

(E) If the board does not recommend certification for an applying program, the board shall notify the treatment program, in writing, of the reason or reasons for the decision not to make a recommendation. The board shall reconsider their decision not to recommend a program for certification upon the request of the treatment program, if submitted within sixty days of the board's written decision. Such a request must be accompanied by additional or supplemental information that was not included in the original request for certification. The determination regarding recommendation upon reconsideration under this paragraph is final and not reviewable in any court.

(F) The advisory board shall monitor the performance of each certified sex offender and child-victim oriented offender program no less than once every two years. In order to maintain the certification, the treatment program must show maintenance of the standards established by the board.

(G) If the advisory board recommends revocation of certification for failure to maintain the standards established by the board, the board shall notify the treatment program, in writing, of the reason for the recommendation. The certification shall be terminated sixty days from the receipt of the revocation notice from the board, unless a reconsideration is requested pursuant to paragraph (H) of this rule.

(H) The board shall reconsider the recommendation of the revocation of a certification upon the written request of the treatment program, if submitted within sixty days of the revocation. Such a request must be accompanied by additional or supplemental information. The board shall act upon the request for reconsideration within thirty days from the receipt of the request. If the board determines that revocation of certification is appropriate, the board shall follow the procedure for termination in paragraph (G) of this rule. A program may request a reconsideration of the revocation of certification only once.

(I) The advisory board shall maintain a list of certified sex offender and child-victim oriented offender treatment programs that are open to public inspection.

Last updated March 24, 2023 at 11:31 AM

History

Effective: May 12, 2013
Promulgated Under: 111.15