Ohio Adm.Code 5120 | Ohio Administrative Code 5120 — Department of Rehabilitation and Correction

Chapter 5120-2 Determination, Reduction of Sentence

Ohio Adm.Code 5120-2-03 Determination of minimum, maximum and definite sentences when multiple sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed before July 1, 1996. Any sentence of imprisonment to the department of rehabilitation and correction is to be served consecutively to any other sentence of imprisonment in the following cases:

(1) The trial court specifies that it is to be served consecutively to another sentence;

(2) It is imposed for a new felony committed by a probationer, parolee, or escapee;

(3) It is a three-year term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for using a firearm in commission of an offense;

(4) It is imposed for a violation of section 2921.34 of the Revised Code (escape), division (B) of section 2917.02 of the Revised Code (aggravated riot committed by an inmate in a detention facility), or division (B) of section 2921.35 of the Revised Code (aiding escape or resistance to authority committed by a person confined in a detention facility).

(B) Any sentence of imprisonment to the department of rehabilitation and correction is to be served concurrently, not aggregated, with any other sentence of imprisonment imposed by a court of this state, another state, or of the United States, except as provided in paragraph (A) of this rule.

(C) When multiple definite sentences are imposed to run concurrently, the prisoner is deemed to be serving the longest of the sentences so imposed. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner is to be released after serving the longest diminished sentence.

(D) When multiple indefinite sentences are imposed to run concurrently, the prisoner is deemed to be serving an indefinite term, the minimum of which is the longest of such minimum terms and the maximum of which is the longest of such maximum terms. If, however, the various sentences are subject to different amounts of reduction for jail-time credit and/or are subject to different rates of diminution for time off for good behavior, the prisoner becomes eligible for parole consideration after serving the longest diminished sentence.

(E) Subject to the maximums provided in this rule:

(1) When consecutive indefinite sentences of imprisonment are imposed for felony, the minimum term to be served is the aggregate of the consecutive minimum terms imposed and the maximum term to be served is the aggregate of the consecutive maximum terms imposed.

(2) When consecutive definite sentences of imprisonment are imposed, the term to be served is the aggregate of the consecutive definite terms imposed.

(3) When a three-year term of actual incarceration is imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, it is to be served consecutively with, and prior to, any other term of imprisonment imposed for the offense.

(4) When multiple three-year terms of actual incarceration are imposed pursuant to section 2929.71 of the Revised Code for using firearms in the commission of multiple offenses, the aggregate of all of such terms of actual incarceration is to be served first and then the aggregate indefinite term and/or life sentence(s) imposed for the offenses is to be served.

(5) When a person is serving any definite terms of imprisonment consecutively to any indefinite or life terms of imprisonment or to any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code or to both, the aggregate of all such three-year terms of actual incarceration is to be served first, then the aggregate of the definite terms of imprisonment is to be served, and then the indefinite or life terms of imprisonment is to be served.

(F) Consecutive terms of imprisonment imposed are not to exceed:

(1) An aggregate minimum term of fifteen years, when the consecutive terms imposed are for felonies other than aggravated murder or murder and do not include any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense.

(2) An aggregate minimum term of fifteen years plus the sum of all three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, when the consecutive terms imposed are for felonies other than aggravated murder or murder.

(3) An aggregate minimum term of twenty years, plus the sum of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code, when the consecutive terms imposed include a term of imprisonment for murder and do not include a term of imprisonment for aggravated murder.

(4) An aggregate term of eighteen months, when the consecutive terms imposed are for misdemeanors. When consecutive terms aggregating more than one year are imposed for misdemeanors under the Revised Code, and at least one such consecutive term is for a misdemeanor of the first degree that is an offense of violence, the trial court may order the aggregate term imposed to be served in a state penal or reformatory institution.

(G) There is no limit to the aggregate minimum sentence when at least one sentence is imposed for aggravated murder committed on or after October 19, 1981.

(H) There is no limit to the aggregate of definite sentences imposed for felonies.

Last updated February 18, 2026 at 8:19 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-03.1 Determination of stated prison terms and life sentences when multiple terms or sentences are imposed.

(A) This rule applies only to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction.

(B) A prison term is to be served consecutively to any other prison term as provided by law.

(C) A prison term is to be served concurrently, not aggregated, with any other prison term imposed by a court of this state, another state, or of the United States, except as otherwise provided by law.

(D) When multiple stated prison terms are imposed to run concurrently, the offender is deemed to be serving the longest of the stated terms so imposed. If, however, the various prison terms are subject to different amounts of reduction for jail time credit, the offender is to be released after serving the longest diminished stated prison term.

(E) When multiple life sentences with parole eligibility or a minimum term are imposed to run concurrently, the offender becomes eligible for parole after serving the longest of the minimum terms or time to parole eligibility of the life sentences. If, however, the life sentences are subject to different amounts of reduction for jail time credit, the offender is eligible for parole after serving the longest diminished minimum term.

(F) When consecutive stated prison terms are imposed, the term to be served is the aggregate of all of the stated prison terms so imposed.

(G) When multiple life sentences with parole eligibility or a minimum term are imposed to run consecutively, the offender becomes eligible for parole after serving the aggregate of the minimum terms or time to parole eligibility of the life sentences.

(H) An offender serving a sentence of life imprisonment without parole is not eligible for parole and is to be imprisoned until death, whether or not the offender is also serving any other sentences or prison terms.

(I) When a one, three or six-year mandatory prison term is imposed pursuant to division (B)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, such term is to be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(J) When a one, three or six-year mandatory prison term is imposed pursuant to division (B)(1)(a)(i) of section 2929.14 of the Revised Code, for using a firearm in the commission of an offense, and a five-year mandatory prison term is imposed pursuant to division (B)(1)(a)(ii) of section 2929.14 the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, such terms are served consecutively to each other and the aggregate term is to be served consecutively with, and prior to, the stated prison term or life sentence imposed for the offense.

(K) When a mandatory prison term is imposed for a felony, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, such mandatory term is to be served prior to any non-mandatory portion of the stated prison term or life sentence imposed for the offense.

(L) When multiple mandatory prison terms are imposed for felonies, other than for using a firearm in the commission of an offense or for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such terms is to be served first and then the aggregate of any non-mandatory portion of the stated prison terms and/or life sentences imposed for the offenses is to be served.

(M) When an offender is serving any stated prison terms consecutively to any life terms of imprisonment and/or to any one, three, five and/or six-year mandatory prison terms imposed pursuant to division (B)(1)(a)(i) of section 2929.14 the Revised Code, for using a firearm in the commission of an offense, and/or division (B)(1)(a)(ii) of section 2929.14 of the Revised Code, for committing a felony by discharging a firearm from a motor vehicle, the aggregate of all such one, three, five and/or six-year mandatory prison terms is to be served first. Then, consistent with division (C) of section 2929.14 of the Revised Code, the aggregate of all other mandatory definite prison terms is to be served, then the aggregate of the non-mandatory portion of the definite stated prison terms is to be served, then the mandatory non-life felony indefinite prison terms, then the non-life felony indefinite terms, and then the aggregate of the life terms of imprisonment is to be served.

(N) When multiple sentences are imposed for felonies committed on or after July 1, 1996, there is no limit or cap to the total number of years for aggregate stated prison terms and/or life sentences imposed.

Last updated February 18, 2026 at 8:19 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-03.2 Determination of multiple sentences.

(A) As used in this rule:

(1) "Senate Bill 2 sentence" means a prison term imposed for offenses committed on or after July 1, 1996 but before September 30, 2011.

(2) "Pre-Senate Bill 2 sentence" means prison terms imposed for offenses committed before July 1, 1996. "Pre-Senate Bill 2 sentence" includes both definite and indefinite sentences.

(3) "Pre-Senate Bill 2 definite sentence" means definite prison terms imposed for offenses committed before July 1, 1996.

(4) "Pre-Senate Bill 2 indefinite sentence" means indefinite sentences imposed for offenses committed before July 1, 1996.

(5) "House Bill 86 sentence" means a prison term imposed for offenses committed on or after September 30, 2011, which are subject to the earned credit provisions of section 2967.193 of the Revised Code as amended by House Bill 86 of the 129th General Assembly.

(6) "Senate Bill 201 sentence" means a non-life felony indefinite prison term imposed for a first or second degree felony offense, that is not subject to life imprisonment and was committed on or after March 22, 2019.

(B) This rule applies when an offender is serving a term of imprisonment for more than one felony and at least one of the felonies was committed prior to July 1, 1996, and at least one of the felonies was committed on or after July 1, 1996. In such situations, at least two, and potentially four, different sets of laws apply and the terms of imprisonment for each felony may be subject to different amounts of reduction for jail time credit. The determination of the length and expiration of the term of imprisonment for each felony must be determined in accordance with the set of laws in effect at the time the felony was committed.

(C) When a prison term for a crime committed on or after July 1, 1996, is imposed to run concurrently to a crime committed before July 1, 1996, the expiration date of each term of imprisonment must be determined independently in accordance with the appropriate set of laws. The expected expiration of the term for the crime committed on or after July 1, 1996 in most cases will be determined by diminishing the term by jail credit. The expected expiration of the crime committed before July 1, 1996 in most cases will be determined by diminishing the sentence by good time and jail credit. The sentence with the latest expiration date becomes the controlling sentence regarding the offender's expected release.

(D) During the period of imprisonment, the offender may be able to reduce each term by the appropriate amount of earned credit. In addition, if the sentence includes a pre-Senate Bill 2 sentence and a Senate Bill 2 sentence, a House Bill 86 sentence, or a Senate Bill 201 sentence, or any combination of those three, the pre-Senate Bill 2 sentence is subject to denial of good time and any Senate Bill 2, House Bill 86 and Senate Bill 201 sentence is each subject to loss of earned credit as provided in rule 5120-2-06 of the Administrative Code. Due to such differences, the controlling term can change during the period of imprisonment. Therefore, the expiration date of each term of imprisonment must be determined independently each time there is any reduction or increase in any term. The offender cannot be released until every pre-Senate Bill 2 definite sentence and every Senate Bill 2, House Bill 86 and Senate Bill 201 sentence has expired; that is, until the definite term of imprisonment with the latest expiration date has expired.

(E) When a Senate Bill 2, House Bill 86, or Senate Bill 201 sentence is imposed to run consecutively to a pre-Senate Bill 2 definite sentence, the pre-Senate Bill 2 definite sentence is to be served first, then the Senate Bill 2 sentence, then any House Bill 86 sentence, then any Senate Bill 201 sentence. When a Senate Bill 2 sentence, a House Bill 86 sentence and a Senate Bill 201 sentence are imposed to run consecutively, the Senate Bill 2 sentence is to be served first, then the House Bill 86 sentence, then the Senate Bill 201 sentence. When a Senate Bill 2 sentence, a House Bill 86 sentence, or a Senate Bill 201 sentence is imposed to run consecutively to a pre-Senate Bill 2 indefinite sentence, the Senate Bill 2 definite sentence is to be served first, then any House Bill 86 sentence, then any Senate Bill 201 sentence, and, lastly, the pre-Senate Bill 2 indefinite sentence is to be served.

(F) While a pre-Senate Bill 2 sentence is being served, the offender may be able to reduce the sentence by up to seven days per month of earned credit, and is subject to a potential denial of good time. While a Senate Bill 2 sentence is being served, the offender may be able to reduce the prison term by one day per month of earned credit and is subject to loss of earned credit as provided in rule 5120-2-06 of the Administrative Code. While a House Bill 86 sentence or Senate Bill 201 sentence is being served, the offender may be able to reduce the prison term by one day per month or five days per month as provided in rule 5120-2-06 of the Administrative Code and is subject to loss of earned credit as provided in that rule. If an offender is serving more than one House Bill 86 or Senate Bill 201 sentence imposed to run consecutively to one another, for purposes of determining whether an offender is eligible for earned credit and how much, sentences for which the offender may earn zero days of credit per month, if any, is to be served first, then sentences for which the offender may earn one day of credit per month, if any, and, lastly, sentences for which the offender may earn five days of credit per month, if any, are to be served.

Last updated February 18, 2026 at 8:19 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-04 Reduction of minimum and maximum or definite sentence or stated prison term for jail time credit.

(A) The department of rehabilitation and correction is to reduce the minimum and maximum sentence, where applicable, the definite sentence, the minimum and maximum of a non-life felony indefinite prison term, or the stated prison term of an offender by the total number of days specified by the sentencing court in the sentencing entry as required by division (B)(g)(i) of section 2929.19 of the Revised Code; by the number of days the offender was confined as a result of the offense, between the date of the sentencing entry and the date committed to the department, and by the number of days, if any, that the offender previously served in the custody of the department of rehabilitation and correction arising out of the offense for which the offender was convicted and sentenced as determined by section 2967.191 of the Revised Code.

(B) The sentencing court determines the amount of time the offender served locally before being sentenced. The court must make a factual determination of the number of days credit to which the offender is entitled by law and include this information within the sentencing entry as required by division (B)(f)(i) of section 2929.19 of the Revised Code.

(C) When the sheriff delivers the offender to the department of rehabilitation and correction's reception center, he is to present the managing officer with a copy of the documents set forth in section 2949.12 of the Revised Code, unless the department and the sheriff have agreed to electronically processed prisoner commitment.

(D) If the court's sentencing entry fails to specify that the offender is entitled to any credit up to the date of sentencing, the bureau of sentence computation is to reduce the sentence or stated prison term only by the number of days the offender was confined between the date of the sentencing entry and the date the offender was committed to the department.

(E) If an offender is serving two or more sentences, stated prison terms or combination thereof concurrently, the department is to independently reduce each sentence or stated prison term for the number of days confined for that offense. Release of the offender is based upon the longest definite, minimum and/or maximum sentence or stated prison term after reduction for jail time credit.

(F) If an offender is serving two or more sentences, stated prison terms or combination thereof, not to include a non-life felony indefinite sentence, consecutively, the bureau of sentence computation is to aggregate the sentences, stated prison terms or combination thereof pursuant to rule 5120-2-03, 5120-2-03.1, or 5120-2-03 of the Administrative Code. The department of rehabilitation and correction is to reduce the aggregate definite sentence, aggregate stated prison term or aggregate minimum and aggregate maximum sentences or combination thereof, as determined by rule 5120-02-03, 5120-2-03.1 or 5120-2-03.2 of the Administrative Code, by the total number of days the offender was confined for all of the offenses for which the consecutive sentences, stated prison term or combination thereof were imposed. Generally, when consecutive sentences, stated prison terms or combination thereof are imposed by multiple sentencing entries, the bureau of sentence computation is to reduce the aggregate sentence, stated prison terms or combination thereof by the sum of the days specified in each of the sentencing entries plus the number of days the offender was confined between the last sentencing date and the date committed to the institution.

(G) If an offender is serving one or more non-life felony indefinite sentences consecutively, the bureau of sentence computation will independently reduce the minimum and maximum sentence, by the total number of days specified in each sentencing entry. Unless otherwise instructed by the court, the bureau of sentence computation will include the number of days the offender was confined between the last sentencing date and the date committed to the institution.

(H) The bureau of sentence computation will rely upon the latest sentencing entry of the court in determining the total days of local confinement in accordance with division (B)(2)(g)(v) of section 2929.19 of the Revised Code.

(I) The bureau of sentence computation is not to reduce a sentence, stated prison term or combination thereof for jail time credit except in accordance with this rule. A party questioning either the number of days contained in the sentencing entry is to be instructed to address the concerns to the court. Unless the court issues an entry modifying the amount of jail time credit, no change will be made.

(J) If an offender receives a sentence, or stated prison term to this department consecutive to or concurrent with a sentence in an institution in another state or a federal institution, no action will be taken towards considering him for parole or otherwise terminating his sentence, or stated prison term until the offender is either electronically or physically committed to the custody of this department. At that time, the offender's minimum and maximum, definite sentence, minimum and maximum of a non-life felony indefinite prison term or stated prison term is to be reduced pursuant to this rule by the total number of days confined for the crime as certified by the court.

Last updated February 18, 2026 at 8:20 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-05 Time off for good behavior.

(A) Except as provided elsewhere in this rule, an offender serving a felony sentence in a correctional facility operated by the department of rehabilitation and correction may, by faithfully observing the rules of the institution, earn a deduction of up to thirty per cent of his minimum or definite sentence. The total amount of time that may be deducted from the offender's sentence is to be prorated and be awarded monthly for obeying the rules of the institution for that month.

(B) Paragraph (A) of this rule does not apply to an offender serving a penitentiary sentence imposed for a crime that occurred prior to July 1, 1983, if he/she would have been entitled to earn more time off for good behavior under the laws in effect at the time of the commission of the offense.

(C) This rule does apply to all reformatory sentences for which the offender is delivered to this department on or after the effective date of this rule, no matter when the offense was committed.

(D) This rule does not apply to prison terms imposed for offenses committed on or after July 1, 1996, to be served with the department of rehabilitation and correction. If a person is serving a term of imprisonment for both an offense committed before July 1, 1996 and an offense committed on or after July 1, 1996, paragraph (A) of this rule applies only to that portion of the term for the offense committed before July 1, 1996.

(E) An offender serving a life sentence that is not subject to a reduction for time off for good behavior pursuant to rule 5120-2-10 of the Administrative Code or pursuant to any section of the Revised Code is not entitled to the reduction provided by this rule.

(F) To facilitate release planning, the bureau of sentence computation is to calculate for each offender the date of parole eligibility or expiration date if all possible good time is earned. The offender is, however, advised that this date is tentative and subject to change if he fails to maintain good behavior.

(G) Unless denied for failure to observe the rules of the institution, the diminution of sentence provided for in paragraph (A) of this rule is to be credited to each offender at the expiration of each calendar month as provided in this rule. Once diminution has been earned and properly credited for a given month, it is not to be reduced or forfeited for any reason.

(H) If notified by the rules infraction board that diminution of sentence is to be denied pursuant for failure to observe the rules of the institution, the record office is to note in the offender file the percentage and number of months of denial.

(I) The cumulative total of diminution of sentence granted pursuant to this rule plus any days of credit awarded pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code is not to exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, as it existed prior to July 1,1996, for using a firearm in the commission of an offense is to be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(J) An offender sentenced to a state penal institution pursuant to division (E)(4) of section 2929.41 of the Revised Code as it existed prior to July 1, 1996, is allowed a deduction equal to one-third of his sentence.

(K) Except as provided in paragraph (B) and paragraph (D) of this rule, the provisions of this rule apply to all offenders who are confined in a state correctional institution on or after November 1, 1987, regardless of the date on which the offender committed the offense for which he is confined. If, however, the offender began serving a term of imprisonment in a state correctional facility before November 1, 1987, the provisions of this rule apply only to the portion of the term served on and after November 1, 1987.

(L) For each offender confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 shall be diminished for time off for good behavior pursuant to the rules in effect at that time.

(M) This rule does not operate to extend the eligibility for parole of any offender already committed to the custody of the department of rehabilitation and correction as of the effective date of this rule.

Last updated February 18, 2026 at 8:20 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-06 Earned credit for productive program participation.

(A) Except as otherwise provided in this rule, any person confined in a state correctional institution or placed in a substance use disorder treatment program, may earn credit as a deduction from the person's sentence for each full month of productive participation, as defined by the director of the department of rehabilitation and correction, in any academic or vocational program, workforce development or employment program, prison industry, or alcohol and drug treatment, unit management program, mental health program or other program specifically approved by the director. A person may also earn credit as a deduction from the person's sentence for productively participating in a substance use disorder treatment program established by the department pursuant to section 5120.035 of the Revised Code. A person earning credit towards a sentence pursuant to section 2967.193 of the Revised Code (House Bill 261 of the 117th General Assembly), for a crime committed prior to July 1, 1996 may earn two days of credit for such participation as described in paragraph (I) of this rule as a deduction from the person's minimum or definite sentence. A person earning credit towards a sentence for a crime committed on or after July 1, 1996 may earn one day of credit or five days of credit, monthly, based upon the most serious offense for which they are serving a stated prison term, and as provided in this rule. Unless the person is serving a mandatory prison term, a prison term imposed for an offense of violence, or a prison term imposed for a sexually oriented offense, notwithstanding the maximum aggregate days of credit specified in paragraph (Q) of this rule, a person who, while confined in a state correctional institution or placed in a substance use disorder treatment, successfully completes a program described in division (A)(3) of section 2967.194 of the Revised Code, is eligible to earn, at the end of the program cycle, a credit of ninety days toward satisfaction of the person's stated prison term or a ten per cent reduction of the person's stated prison term, whichever is less.

(B) The director or designee will issue and maintain a list containing the specific name of each approved program at each institution. Programs may be added or deleted according to a procedure approved by the director. No inmate is eligible to be awarded earned credit for participating in any program not specifically named on the director's list.

(C) Inmates earning credit pursuant to House Bill 261 of the 117th General Assembly, may earn two days of credit for participating in an approved academic or vocational or prison industries program in addition to two days credit for program participation. However, no inmate sentenced under House Bill 261 of the 117th General Assembly is eligble to earn days of credit for participation in more than one academic or vocational education program or prison industry during a particular month. No inmate sentenced under House Bill 261 of the 117th General Assembly is eligible to earn days of credit for participating in more than one residential or outpatient alcohol, drug, sex offender, or therapeutic community, or mental health treatment program during a particular month. Once an inmate earning credit pursuant to House Bill 261 of the 117th General Assembly has earned and has been properly credited with days of credit pursuant to this rule, the credit earned will not be forfeited for any reason. Such inmates, therefore, are exempt from paragraph (J) of this rule, which describes conditions for possible withdrawal of previously earned credit for those inmates earning credit under Senate Bill 2 of the 121st General Assembly, House Bill 86 of the 129th General Assembly, Senate Bill 201 of the 132 General Asembly or Senate Bill 288 of the 134th General Assembly.

(D) Except as otherwise provided for by law, inmates are generally eligible to earn five days of earned credit, per month, for monthly productive participation according to division (A)(2) of section 2967.194 of the Revised Code. Inmates serving a sentence which includes a sexually oriented offense committed before September 30, 2011 may earn only one day of credit per month and such credit may be forfeited pursuant to this rule. Inmates serving a sentence which includes a sexually oriented offense that was committed after September 30, 2011 are not eligible for earned credit.

(E) An inmate earning credit towards a minimum or definite sentence pursuant to House Bill 261 of the 117th General Assembly and also earning credit towards a stated prison term pursuant to Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011, House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019, Senate Bill 288 of the 134th General Assembly, or any combination of those five, may have the minimum or definite sentence, the stated prison term, or the minimum and maximum of a non-life felony indefinite prison term, independently reduced by the appropriate days of earned credit applicable to that particular sentence or prison term.

(F) In order to earn credit under this rule for a particular month, an inmate must enter the program on or before the first program day of the month and continue participating in the program through the last program day of the month. An inmate participating and remaining in good standing in an academic or vocational education program, which has a quarter or semester end during a month, is deemed to be participating in the program through the end of the month. An inmate who successfully completes a formal program resulting in the issuance of a certificate of completion during a month is deemed to have continued participating in the program through the end of that month.

(G) To earn monthly credit, an inmate must meet the requirements set forth in the departmental policy for productive particpation of earned credit.

(H) No inmate will receive earned credit for program participation during any month in which the inmate has had an unexcused absence from the program. Unexcused absence includes but is not limited to an absence caused by confinement in security control or disciplinary control as a result of a violation of institution rules.

(I) No inmate shall earn credit during any month in which the inmate exhibits behavior considered to be a hindrance to the productive participation of the inmate or others. Such behavior shall be documented by a conduct report and substantiated through a guilty finding of the hearing officer or rules infraction board.

(J) Any inmate sentenced under Senate Bill 2 of the 121st General Assembly for an offense committed before September 30, 2011, under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011, or under Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019, or Senate Bill 288 of the 134th General Assembly for an offense occuring after April 4, 2024, having pled or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as described in rule 5120-9-06 of the Administrative Code or a program related violation, may have previously earned credit days forfeited. The rules infraction board, in addition to assessing any other appropriate disciplinary measures, may recommend the withdrawing of earned credit awarded from previous months. An inmate may not have more than fifty per cent of previously earned credit days withdrawn in any calendar month unless the rule violation for which credit is being withdrawn involved sexual misconduct or an act of violence. The department shall identify in its written policies the specific rule violations that constitute sexual misconduct or acts of violence for which more than fifty per cent of previously earned credit days may be withdrawn in any calendar month. If the fifty per cent calculation results in a one-half or half day remainder, the half day is rounded up to a full day. A recommendation by the rules infraction board to withdraw credit is subject to review by the warden for approval/disapproval/modification.

(K) Inmates sentenced under Senate Bill 201 of the 132nd General Assembly for an offense committed on or after March 22, 2019 who complete a program described in paragraph (C) of this rule, having plead or been found guilty by the rules infraction board of a violation of the inmate rules of conduct as set forth in rule 5120-9-06 of Administrative Code or a program related violation, may have previously earned program credit forfeited. As soon as practicable after the last day of each month or program cycle, the deputy warden or designee at each institution will report to the bureau of sentence computation the name of each inmate in the institution who has earned credit pursuant to this rule. After such information has been reported, and as is operationally feasible, the bureau will credit the inmate appropriately with the credit earned for that month.

(L) No inmate serving a prison term of one, three, five or six years for use of a firearm imposed pursuant to section 2929.71 or 2929.72 of the Revised Code, in effect prior to July 1, 1996, for an offense committed prior to July 1, 1996, or pursuant to division (B)(1) of section 2929.14 of the Revised Code, effective July 1, 1996, for an offense committed on or after July 1, 1996, including prison terms imposed after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, is eligible to earn or be awarded any days of credit pursuant to this rule for any program participation which occurs while serving any such period of actual incarceration. An inmate against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term in its entirety if the inmate would otherwise be eligible for earned credit.

(M) An inmate who is granted a period of electronically monitored early release is not entitled, during that specified period of confinement, to earn any days of credit pursuant to this rule as a deduction from the inmate's prison term, regardless whether such prison term is for an offense committed before or after July 1, 1996.

(N) No inmate may earn days of credit pursuant to this rule if the inmate is serving a sentence of imprisonment for an offense, committed before July 1, 1996, of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974, for which the inmate becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code in effect prior to July 1, 1996.

(O) The following prison terms, for crimes committed on or after July 1, 1996 or otherwise imposed pursuant to Senate Bill 2 of the 121st General Assembly, including prison terms imposed on or after September 30, 2011 pursuant to House Bill 86 of the 129th General Assembly, after March 22, 2019, pursuant to Senate Bill 201 of the 132nd General Assembly or Senate Bill 288 of the 134th General Assembly, are not to be reduced by any days of earned credit:

(1) A prison term for a felony for which a life term of imprisonment is imposed;

(2) A mandatory prison term imposed pursuant to division (F) of section 2929.13 of the Revised Code, effective July 1, 1996, for:

(a) Aggravated murder or murder;

(b) Rape, felonious sexual penetration, or an attempt to commit rape or felonious sexual penetration by force when the victim is under thirteen years of age;

(d) Any first, second or third degree felony drug offense for which the imposition of a mandatory prison term is required;

(e) Any other first or second degree felony if the offender previously was convicted of or pled guilty to aggravated murder, murder or any first or second degree felony;

(f) Any felony, other than a violation of section 2923.12 of the Revised Code (carrying a concealed weapon), if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony, with respect to a portion of the sentence imposed pursuant to division (B)(1)(a) of section 2929.14 of the Revised Code for having the firearm; or

(g) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;

(3) A mandatory prison term imposed pursuant to division (B)(2)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for being a repeat violent offender. If the court also imposes an optional, additional term pursuant to division (B)(2)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory prison term, may earn credit while serving the additional, optional prison term;

(4) A mandatory ten year prison term imposed pursuant to division (B)(3)(a) of section 2929.14 of the Revised Code, effective July 1, 1996, for a drug offense or for otherwise being a major drug offender, for corrupt activity with the most serious offense in the pattern of corrupt activity being a first degree felony, or for attempted rape or felonious sexual penetration by force with the victim being under thirteen years of age. If the court also imposes an optional, additional term pursuant to division (B)(3)(b) of section 2929.14 of the Revised Code, an inmate, who has completed serving the mandatory ten year prison term, may earn credit while serving the additional, optional prison term;

(5) A prison term imposed for a violation of post release control.

(6) A prison term imposed as part of a risk reduction sentence under section 2929.143 of the Revised Code.

(P) If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, the cumulative total of any days of credit awarded under this rule and rule 5120-2-07 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, shall not exceed for such inmate one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 or 2929.72 of the Revised Code in effect prior to July 1, 1996, for using a firearm in the commission of an offense shall be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

The aggregate days of monthly credit earned by an inmate sentenced under House Bill 86 of the 129th General Assembly for an offense committed on or after September 30, 2011 shall not exceed fifteen per cent of the total number of days in the inmate's stated prison term, provided that the credit described in paragraph (A) of this rule, if earned by an inmate, shall not be included in determining whether that inmate's aggregate days of credit exceed that limit.

(Q) Days of credit earned pursuant to this rule will be used for no purpose other than to reduce the inmate's definite or minimum sentence or stated prison term, or the minimum and maximum of a non-life felony indefinite prison term. If an inmate is earning credit towards a sentence pursuant to House Bill 261 of the 117th General Assembly for an offense committed prior to July 1, 1996, once the inmate has served sufficient time to become eligible for parole consideration or has earned and had credited time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rule 5120-2-07 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of year's before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary for such sentence.

Last updated February 18, 2026 at 8:20 AM

History

Effective: July 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-07 Days of credit for maintaining minimum security.

(A) Except as provided by paragraphs (F), (G), (H), (I) and (J) of this rule, any offender who maintains minimum security status as defined by paragraphs (A), (B), and (C) of this rule is entitled to have three days of credit deducted from his minimum or definite sentence for each full month he remains at such status.

(B) Except as provided in paragraph (C) of this rule, "an offender on minimum security status" is defined as an offender designated as minimum security pursuant to this department's "Inmate Security Designation and Supervision Classification Manual" or as an offender who has been released on furlough for employment or education pursuant to section 2967.26 of the Revised Code.

(1) No offender confined in security control or disciplinary control as a result of a violation of institution rules or in local control or administrative control is considered to be on minimum security status during the time spent in such control status.

(2) No furloughee confined in any jail as a result of an alleged violation of any furlough rule is considered to be on minimum security status for the time spent confined in such jail.

(3) No offender who is declared to be absent without leave from the institution and no furloughee who is declared a furlough violator at large is considered to be on minimum security.

(D) As soon as practicable after the last day of each month, the status of each offender on minimum security status as of the end of the last day of the month just ended will be examined. If the offender is found to have been on minimum security status at the beginning of the first day of the month and remained so during the entire month, three days may be awarded to the offender and be deducted from his minimum or definite sentence.

(E) Once an offender has earned and been properly credited with days of credit pursuant to this rule, the days of credit are not be forfeited for any reason.

(F) No offender serving a three-year term of actual incarceration for using a firearm in the commission of an offense, imposed pursuant to section 2929.71 of the Revised Code, is eligible to earn or be awarded any days of credit pursuant to this rule for any time classified as minimum security while serving any such period of actual incarceration. An offender against whom such a sentence was imposed may begin earning days of credit pursuant to this rule after serving any such term of actual incarceration in its entirety.

(G) No offender may earn days of credit pursuant to this rule if he is serving a sentence of imprisonment of:

(1) Life with parole eligibility after serving fifteen full years for an offense of first degree murder or aggravated murder committed prior to October 19, 1981; or

(2) Life with parole eligibility after serving twenty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(3) Life with parole eligibility after serving thirty full years for the offense of aggravated murder with one of the specifications enumerated in section 2929.04 of the Revised Code; or

(4) Life imposed prior to October 19, 1981, for an offense other than the offense of first degree or aggravated murder, for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code; or

(5) Life for rape or felonious sexual penetration; or

(6) A minimum term longer than fifteen years imposed under any law of this state in effect prior to January 1, 1974 for which the offender becomes eligible for parole after serving ten full years pursuant to section 2967.13 of the Revised Code.

(H) The cumulative total of any days of credit awarded under this rule and rule 5120-2-06 of the Administrative Code, plus any diminution of sentence granted pursuant to rule 5120-2-05 of the Administrative Code, is not to exceed for any offender one-third of the minimum or definite sentence, or in the case of a life sentence for which diminution and days of credit may be earned, one-third of the number of years before parole eligibility. No term of actual incarceration imposed pursuant to section 2929.71 of the Revised Code, as it existed prior to July 1, 1996, for using a firearm in the commission of an offense is to be considered as a part of a minimum sentence or a part of the number of years before parole eligibility for eligible life sentences in calculating the maximum possible diminution pursuant to this paragraph.

(I) Days of credit earned pursuant to this rule are to be used for no purpose other than to reduce the offender's definite or minimum sentence. Once an offender has served sufficient time to become eligible for parole consideration or has earned and had credited to him time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code, and days of credit pursuant to this rule and rule 5120-2-06 of the Administrative Code equal to one-third of his minimum or definite sentence, or in the case of an eligible life sentence, one-third of the number of years before parole eligibility, no further calculation and crediting of days of credit pursuant to this rule is necessary.

(J) This rule does not apply to any offense committed on or after July 1, 1996.

Last updated February 18, 2026 at 8:20 AM

History

Effective: January 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-10 Life sentences.

(A) As a result of a number of amendments to the Revised Code over a period of years, the provisions for diminution of sentence and eligibility for parole, shock parole, employment/education furlough and home furlough are affected by the language in the sentencing documents (journal entries) concerning the crime and the sentence imposed as well as the date on which the crime was committed. The purpose of this rule is to explain diminution of sentence and eligibility for release for persons serving life sentences as established by the Revised Code. This rule does not expand release eligibility established by any other rule of the Administrative Code.

(B) A sentence of life imprisonment imposed pursuant to section 2929.03 of the Revised Code for the offense of aggravated murder is presumed to be a sentence of life imprisonment with parole eligibility after twenty years, subject to diminution under rules 5120-2-05, 5120-2-06 and 5120-2-07 of the Administrative Code, unless the journal entry of the court specifies that parole eligibility is to be after twenty full years or thirty full years.

(C) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving thirty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving thirty full years:

(a) The thirty full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The thirty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The thirty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is not eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or to attend the funeral of a relative.

(D) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty full years of imprisonment for the offense of aggravated murder with one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving twenty full years:

(a) The twenty full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The twenty full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is not eligible for release on furlough for trustworthy prisoners pursuant to rule 5120-9-35 of the Administrative Code except for the purpose of visiting a dying relative or attending the funeral of a relative.

(E) A prisoner serving a sentence of imprisonment for life with parole eligibility after serving twenty years of imprisonment for the offense of aggravated murder, committed on or after October 19, 1981, without one or more of the specifications enumerated in section 2929.04 of the Revised Code.

(1) Becomes eligible for parole consideration after serving twenty years:

(a) The twenty years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The twenty years are diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty years may be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(F) A prisoner serving a sentence of imprisonment for life for an offense of first degree murder or aggravated murder committed prior to October 19, 1981.

(1) Becomes eligible for parole consideration after serving fifteen full years:

(a) The fifteen years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The fifteen years are not diminished by the time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(G) A prisoner serving an indefinite term of imprisonment of fifteen years to life for the offense of murder.

(1) Becomes eligible for parole consideration after serving the fifteen-year minimum sentence:

(a) The fifteen years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The fifteen years are diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen years may be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(H) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code for the crime of rape committed against a victim under the age of thirteen or imposed pursuant to division (B) of section 2907.12 of the Revised Code for the crime of felonious sexual penetration committed by force or threat of force against a victim under the age of thirteen, where the offense was committed prior to July 1, 1996.

(1) Becomes eligible for parole consideration after serving ten full years:

(a) The ten full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The ten full years are not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is not eligible for shock parole if the offense was committed on or after July 1, 1983 or if serving a term of actual incarceration imposed pursuant to section 2907.10 of the Revised Code for an offense committed before July 1, 1983.

(3) Is not eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code if the offense was committed on or after October 19, 1981.

(I) A prisoner serving a sentence of imprisonment for life for an offense other than first degree murder or aggravated murder committed prior to October 19, 1981.

(1) Becomes eligible for parole consideration after serving ten full years:

(a) The ten full years are reduced by jail-time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) The ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by days of credit earned pursuant to rules 5120-2-06 and 5120-2-07 of the Administrative Code.

(2) Is eligible for shock parole.

(3) Is eligible for release on furlough for employment or education pursuant to rule 5120:1-1-23 of the Administrative Code.

(4) Is eligible for release on furlough for trustworthy prisoners (home furlough) pursuant to rule 5120-9-35 of the Administrative Code.

(J) A prisoner serving a sentence of imprisonment for life consecutive to any other term or terms of imprisonment becomes eligible for parole consideration as follows:

(1) Where the life sentence is imposed for aggravated murder, with one of the specifications enumerated in section 2929.04 of the Revised Code, committed on or after October 19, 1981, the prisoner is eligible for parole after serving the sum, without diminution, of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus the twenty or thirty full years, without diminution, as designated by the court for parole eligibility, plus the time required for parole eligibility for any other crimes. There is no limit to the length of such aggregated sentence.

(2) Where the life sentence is imposed for aggravated murder without one or more specifications enumerated in section 2929.04 of the Revised Code, committed on or after October 19, 1981, the prisoner is eligible for parole after serving the sum, without diminution, of any three-year terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus the sum of twenty years for each such consecutive life sentence and the sum of all other consecutive minimum sentences, each diminished, as provided in rules 5120-2-05, 5120-2-06 and 5120-2-07 of the Administrative Code. There is no limit to the length of such aggregated minimum term.

(3) Where the life sentence is imposed for first degree murder or aggravated murder committed prior to October 19, 1981, and does not include a life sentence imposed for aggravated murder committed on or after October 19, 1981, the prisoner is eligible for parole after serving the sum, without diminution, of any terms of actual incarceration imposed pursuant to section 2929.71 of the Revised Code for using a firearm in the commission of an offense, plus fifteen full years, without diminution, plus the required time for parole eligibility for any other crimes. However, this aggregate is not to exceed the sum of all terms of actual incarceration time plus twenty full years.

(K) A prisoner serving a sentence of imprisonment for an offense of aggravated murder committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty full years, twenty-five full years, or thirty full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty full years, twenty-five full years, or thirty full years and is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(L) A prisoner serving a sentence of imprisonment for life without parole committed on or after July 1, 1996, is not eligible for parole consideration, judicial release or transitional control.

(M) A prisoner serving a sentence of imprisonment of life for an offense of murder committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(N) ) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(a) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen committed on or after July 1, 1996:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(O) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (A)(3)(d)(i) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen with a sexually violent predator specification under section 2941.148 of the Revised Code committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty-five full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty-five full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty-five full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(P) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(c) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of thirteen and the offender purposefully compelled the victim to submit by force or threat of force, or the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or the the offender during or immediately after the commission of the offense caused serious physical harm to the victim, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Twenty-five full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Twenty-five full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The twenty-five full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(Q) A prisoner serving a sentence of imprisonment for life imposed pursuant to division (B) of section 2907.02 of the Revised Code and division (B)(1)(b) of section 2971.03 of the Revised Code for the crime of rape against a child under the age of ten, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(R) A prisoner serving a prison term for attempted rape with a sexually violent predator specification under section 2941.148 of the Revised Code and imposed pursuant to division (A)(3)(a) or (A)(3)(e)(i) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(S) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (A)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(T) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1419 of the Revised Code and a sexually violent predator specification under section 2941.148 of the Revised Code, imposed pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code or division (A)(3)(e)(iii) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Ten full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Ten full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The ten full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(U) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1420 of the Revised Code, imposed pursuant to division (B)(2)(c) or (A)(3)(e)(iv) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(V) A prisoner serving a sentence of imprisonment for life for attempted rape of a child under the age of thirteen with an attempted rape specification under section 2941.1420 of the Revised Code and a sexually violent predator specification under section 2941.148 of the Revised Code, imposed pursuant to division (B)(2)(C) or (A)(3)(e)(iv) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) Fifteen full years and is reduced by jail time credit pursuant to rule 5120-2-04 of the Administrative Code.

(b) Fifteen full years is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The fifteen full years may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(W) A prisoner serving a sentence of imprisonment for life for sexual battery with a sexually violent predator specification under section 2941.148 of the Revised Code imposed pursuant to division (A)(3)(a) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

(X) A prisoner serving a sentence of imprisonment for life for gross sexual imposition on a child under the age of thirteen with a sexually violent predator specification under section 2941.148 of the Revised Code imposed pursuant to division (A)(3)(a) of section 2971.03 of the Revised Code, committed on or after January 2, 2007:

(1) Becomes eligible for parole consideration after serving:

(a) The minimum term fixed by the sentencing court.

(b) The minimum term fixed by the sentencing court is not diminished by time off for good behavior pursuant to rule 5120-2-05 of the Administrative Code.

(c) The minimum term fixed by the sentencing court may not be reduced by the days of credit earned pursuant to rule 5120-2-06 or 5120-2-07 of the Administrative Code.

(2) Is not eligible for judicial release.

(3) Is not eligible for release on transitional control.

Last updated February 18, 2026 at 8:20 AM

History

Effective: January 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-12 Calculation of time off for good behavior for prisoners committed to the department of rehabilitation and correction on or before October 31, 1987.

(A) Except as provided in paragraph (B) of rule 5120-2-05 of the Administrative Code, the provisions of rule 5120-2-05 of the Administrative Code apply to all persons who are confined in a state correctional institution on or after November 1, 1987, regardless of the date on which the person committed the offense for which he is confined. If, however, the person began serving a term of imprisonment in a state correctional facility before November 1, 1987, the provisions of rule 5120-2-05 of the Administrative Code apply only to the portion of the term served on and after November 1, 1987.

(B) For each inmate confined in a state correctional institution on or before October 31, 1987 who has not, as of that date, served his minimum or definite sentence as diminished pursuant to section 2967.19 of the Revised Code, the portion of his sentence that has been served as of October 31, 1987 is to be diminished for time off for good behavior pursuant to the rules in effect at that time.

(C) This rule does not operate to extend the eligibility for parole of any inmate already committed to the custody of the department of rehabilitation and correction as of the effective date of this rule.

Last updated February 18, 2026 at 8:20 AM

History

Effective: January 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-14 Risk reduction sentence.

(A) As used in this rule, "nonmandatory prison term" or "non-mandatory non-life felony indefinite prison term" means any prison term that is not identified as a mandatory prison term in the sentencing court's sentence.

(B) For each offender upon whom the sentencing court has imposed a risk reduction sentence under section 2929.143 of the Revised Code, the department is to, during the inmate's admission, calculate and record in the inmate's record both of the following:

(1) The date upon which the inmate will have served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms, non-mandatory non-life felony indefinite prison terms, or any combination thereof, reduced by any jail time credit to which the inmate is entitled under section 2967.191 of the Revised Code.

(2) The date on which the inmate would reach the expiration of the inmate's stated prison term or the minimum of a non-mandatory non-life felony indefinite prison term, reduced by any jail time credit to which the inmate is entitled under section 2967.191 of the Revised Code, but not reduced for any risk reduction programming or treatment that the inmate may successfully complete during the inmate's incarceration. This date represents the inmate's expected release date if the inmate does not successfully complete the programming or treatment that comprise the risk reduction portion of the inmate's sentence.

(C) After admitting an offender who has been sentenced to a risk reduction sentence, the department is to conduct an assessment of the inmate's needs and risk of reoffending. After completing that assessment, the department may prescribe such programming or treatment for the inmate as the department considers appropriate.

(D) An inmate who has been sentenced to a risk reduction sentence may be released from imprisonment if the inmate successfully completes all of the programming and treatment prescribed for the inmate by the department, has fully served each mandatory prison term to which the offender has been sentenced, and has served at least eighty per cent of the aggregated nonmandatory prison terms and non-mandatory non-life felony indefinite prison term, or any combination thereof, to which the offender has been sentenced. The department is to notify the sentencing court in writing of an inmate's impending release pursuant to this division at least thirty days prior to the date on which the inmate is released from the correctional institution. An offender released under this division prior to the date specified for the offender under paragraph (B)(2) of this rule is to be subject to supervision by the department as provided in rule 5120:1-1-41 of the Administrative Code.

(E) An inmate who has been sentenced to a risk reduction sentence is not eligible for earned credit under section 2967.194 of the Revised Code and rule 5120-2-06 of the Administrative Code. If an inmate commences, but does not successfully complete, the programming and treatment prescribed for the inmate under paragraph (C) of this rule, the inmate is not to receive any earned credit for the inmate's participation in the programming or treatment, unless the inmate signs a waiver of participation in risk reduction.

Last updated March 26, 2026 at 8:33 AM

History

Effective: March 26, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-17 Administrative release of certain prisoners.

(A) As used in this rule, "administrative release," "parole," and "post-release control" have the same meanings as in section 2967.01 of the Revised Code.

(B) The director of the department of rehabilitation and correction may grant an administrative release to a prisoner who escaped from a state correctional institution and whose whereabouts are unknown when both of the following apply:

(1) The ninetieth anniversary of the prisoner's birth has passed;

(2) At least twenty years have passed since the date on which the prisoner escaped.

(C) Upon the granting of an administrative release pursuant to this rule, the bureau of sentence computation is to execute a certificate of administrative release evidencing termination of the department of rehabilitation and correction's jurisdiction over the prisoner's sentence and any accompanying period of parole or post-release control.

(D) An administrative release granted pursuant to this rule does not operate to restore any rights or privileges forfeited by conviction as provided in section 2961.01 of the Revised Code.

Last updated January 29, 2024 at 8:33 AM

History

Effective: January 29, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-2-19 Recommended reduction of non-life felony indefinite prison term.

(A) This rule applies to the discretion granted to the director, under section 2967.271 of the Revised Code, to recommend that a sentencing court reduce the minimum prison term of an incarcerated adult serving a non-life felony indefinite prison term.

(B) As used in this rule:

(1) "Recommended reduction" means the recommendation from the director to the sentencing court that the sentencing court grant a reduction in the minimum prison term imposed on a specified incarcerated adult who is serving a non-life felony indefinite prison term.

(2) "Non-life felony indefinite prison term" is defined under division (GGG) of section 2929.01 of the Revised Code.

(3) "Exceptional conduct while incarcerated" means behavior which is unusually good and demonstrates a level of excellence not commonly displayed by an incarcerated adult in the advancement of their rehabilitation and adjustment to incarceration. An incarcerated adult may demonstrate exceptional conduct while incarcerated if they:

(a) Engage in, and complete, all recommended programming, including any educational programming;

(b) Address all criminogenic needs identified in the incarcerated individual's case plan;

(d) Participate in pro-social groups and activities;

(e) Maintain positive social ties to individuals in the community;

(f) Develop a clear plan for their reentry into the community, including identifying suitable housing and creating a plan for gainful employment; and

(g) Demonstrate a dedication to personal rehabilitation.

(4) "Adjustment to incarceration" means that:

(a) The incarcerated adult is classified as security level 1 or security level 2 at the time of the petition;

(b) The incarcerated adult is not housed in limited privilege housing or restrictive housing at the time of the petition;

(d) In the two years preceding the incarcerated adult's petition, the incarcerated adult has not been found guilty of violating any of the rules set forth in rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct," by the rules infraction board;

(e) In the five years preceding the incarcerated adult's petition, the incarcerated adult has not been found guilty of violating rule 1.3, 9.1, or 10.4, as set forth rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct"; and

(f) During the term of the incarcerated adult's current sentence, the incarcerated adult has not been found guilty of violating rule 1.1, 1.2, 1.3, 1.4, 3.1, 3.2, 3.6, 4.1, 4.2, 8.1, 8.3, 8.5, 8.6 or 13.1 as set forth in rule 5120-9-06 of the Administrative Code, "Inmate Rules of Conduct."

(C) An incarcerated adult may submit a petition that demonstrates exceptional conduct or adjustment to incarceration, or both, in order to be considered for a recommended reduction.

(D) An incarcerated adult can only be considered for a recommended reduction after having served at least half of the minimum portion of a non-life felony indefinite prison term, and if the incarcerated adult has less than two years remaining before the expiration of their minimum prison term.

(E) A recommended reduction, if granted by the sentencing court, will only apply to the non-life felony indefinite prison term that the incarcerated adult is currently serving.

(F) If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the first degree, the recommended reduction may be either a five per cent or a ten per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving. If the incarcerated adult's highest felony level for a non-life felony indefinite prison term is a felony of the second degree, the recommended reduction may be either a ten per cent or a fifteen per cent reduction of the presumptive minimum term that the incarcerated adult is currently serving.

(G) Pursuant to division (F)(8) of section 2967.271 of the Revised Code, an incarcerated adult serving a non-life felony indefinite prison term for a sexually oriented offense will not be considered for a recommended reduction.

(H) An incarcerated adult serving a mandatory prison term, as defined under section 2929.01 of the Revised Code, will not be considered for a recommended reduction until all mandatory prison terms have expired.

Last updated May 19, 2026 at 7:55 AM

History

Effective: May 18, 2026
Promulgated Under: 111.15

Chapter 5120-3 Prisoner Employment

Ohio Adm.Code 5120-3-01 Definitions.

(A) A "work program" is:

(1) Any shop, department, work detail or labor assignment under the direction of the department of rehabilitation and correction, established for the purpose of industrial or agricultural production, or for the maintenance and operation of the institution or the department;

(2) Any work detail created by contract with the state of Ohio, the political subdivisions of the state and the public institutions of the state; or

(3) Any training, apprenticeship or educational assignment approved by the department of rehabilitation and correction.

(B) Inmate labor opportunities and job assignments fall within the following categories:

(1) "Inmate labor assignment" means any work assignment for which an inmate is responsible, not including educational and vocational training.

(2) "Private employment" may include programs, work release programs or private employment inside an institution.

(3) "OPI assignments" include any labor performed under the supervision of Ohio penal industries (hereinafter referred to in this chapter as "OPI") employees, in the shops equipped by OPI or pursuant to any written or unwritten agreement of OPI and any governmental agency or private person or business entity. "OPI assignments" may include labor performed outside of an institution authorized as a "special labor release" pursuant to rule 5120-3-07 of the Administrative Code.

(4) "Work program assignments" is an assignment of duties within a work program which include all types of inmate labor not otherwise specified in this paragraph, whether it is related to the physical operation or located on the property of the institution, including special labor assignments authorized under rule 5120-3-07 of the Administrative Code.

(C) The "work program assignment committee" is any committee so designated by the managing officer of the institution. Committees are responsible for the initial assignment of inmates to work programs. This committee may also be referred to as "WPAC," and shall be responsible for reviewing and deciding all proposed changes in work program assignments for the institution.

(D) A "table of organization" is a fixed number of permanent work assignments based on the requirements of each program in an institution. Each institution may have a written table of organization as established by the chief of industries or designee. This table of organization may change periodically, with the approval of the managing officer, as production requirements and programming needs change.

(E) A "full-time assignment" is not less than one hundred forty hours per month.

(F) A "part time" or "temporary assignment" includes only those hours necessary to complete the assignment.

(G) A "job grade" refers to the skill or responsibility level required of a particular full-time work assignment. Job grades include:

(1) "Apprenticeship assignments," which are those assignments that exceed the established table of organization and that offer a period of training while awaiting a full-time assignment;

(2) "General labor assignments," which include jobs requiring a low level of skill, limited use of tools and minimal training or experience;

(3) "Semi-skilled assignments," which include those jobs requiring some training or experience, operation of nontechnical equipment or machinery, serving as a helper or relief for a skilled worker, or a medium degree of responsibility; or

(4) "Skilled assignments," which include those jobs requiring a high degree of training or experience, operation of complex equipment or machinery, repair of complex equipment or machinery, or other highly responsible duties.

(H) A "job coordinator" is an individual designated by the managing officer of each institution, whose function is to facilitate the implementation of this chapter of the Administrative Code.

Last updated March 18, 2024 at 9:21 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-02 Inmate labor assignments.

(A) OPI has the authority to represent the department of rehabilitation and correction (hereinafter referred to in this chapter as "the department") in pursuing labor opportunities and job assignments for inmates as authorized and intended in division (C) of section 5145.16 of the Revised Code. OPI may offer to provide goods or services to any public agency or private person or business entity, and may enter into contracts for such goods or services. OPI may utilize inmate labor in satisfying the obligations of such contracts. In such event, the inmates are not considered employees of the purchaser or OPI, and are to be compensated pursuant to rule 5120-3-05 of the Administrative Code.

(B) The department may enter into contracts with the state of Ohio, its political subdivisions, any other state, any political subdivision of another state, the United States or any person or private enterprise which contract will promote the employment of inmates.

(1) Be made for the purpose of providing a product or a service within an existing or additional OPI work program or such other program as may be approved by the director of rehabilitation and correction;

(2) Not provide any contracting party an unfair advantage in the free market;

(3) Be reviewed by department legal staff and approved by the chief of industries; and

(4) Be administered by OPI .

(D) Monies received by the department as a result of any contract under this rule shall be deposited in the OPI manufacturing fund.

Last updated March 18, 2024 at 9:21 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-03 Work release for private employment.

(A) The purpose of this rule is to allow selected inmates the opportunity to participate in programs in private industry and agriculture located outside of the department's institutions.

(1) Definitions. As used in this chapter:

(a) "Institution" means any state penal institution, state prison, correctional or treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction.

(b) "Correctional employee" is any employee of the department of rehabilitation and correction.

(c) "Inmate" means any person who is imprisoned in an Ohio correctional institution. "Inmate" does not mean a person who has been placed on furlough by the parole board.

(d) "Eligible inmate" means any inmate who is eligible for release on parole, or an inmate who is eligible for release under any provision of the Revised Code, or any inmate who is eligible pursuant to paragraph (A)(3) of this rule.

(e) "Work release program" means any approved program where eligible inmates may be granted permission to leave the premises of an institution for a specified period of time for the purpose of engaging in private employment specifically approved in writing by the director of rehabilitation and correction, or designee, and the superintendent of the institution in which the inmate is confined. The director or managing officer, will keep records of all such programs or activities which have been approved by him.

(f) "Conditional employer" means any public agency or private person or business entity who intends to enter into an employment relationship with one or more inmates and who complies with all employment requirements of this rule.

(2) Only inmates that are classified as minimum security are potentially eligible for work-release programming.

(3) The institution will provide a system for checking outgoing and incoming inmates and also determines their destination, pursuant to paragraph (D) of rule 5120-9-34 of the Administrative Code for inmates participating in other types of community release.

(4) During all times when an inmate is on work release pursuant to this rule, the inmate is subject to the security guidelines established under paragraph (F) of rule 5120-9-34 of the Administrative Code.

(5) All inmates assigned to work release are subject to the rules, sanctions and disciplinary procedures set forth in Chapter 5120-9 of the Administrative Code. The correctional employee or responsible person to whom the inmate is released has the duty to immediately report to the managing officer of the institution any violations of paragraph (A)(6) of this rule which they observe or have knowledge of. All persons other than a correctional employee to whom an inmate is released will sign a written acknowledgment of this duty.

(6) The managing officer of the institution is to immediately notify, in writing, the director of rehabilitation and correction and the appropriate law enforcement agencies of any escape, walkaway, or failure of an inmate to return from a work release made pursuant to this rule.

(7) Prior to the approval of an inmate's application for work release pursuant to this rule, a form setting forth the requirements for release will be provided to the inmate for their signature. This will affirm the inmate's understanding and agreement to abide by and be bound by those requirements.

(B) The reclassification committee of each institution serves as the screening and selection committee for the work release program. Procedures used in the selection process will mirror those found rule 5120-9-53 of the Administrative Code.

(C) Public agencies, private persons or business entities who intend to employ inmates in work release must sign a written agreement, that provides, at a minimum:

(1) The employer supervises the performance of the work;

(2) Compensation is paid by the employer to the inmate at a specified rate and in a manner approved by the department of rehabilitation and correction, consistent with rule 5120-3-09 of the Administrative Code. The compensation earned through this program is in lieu of earnings under paragraph (A) of rule 5120-3-08 of the Administrative Code;

(3) The employer is responsible for any and all required benefits contributions;

(4) The employer accepts responsibility for the evaluation, promotion, demotion and retention of the inmates, the requirements of rule 5120-3-06 of the Administrative Code notwithstanding;

(5) The employer agrees to be considered a "conditional employer" of the inmate, with a specific reference to the definition of this rule;

(6) The eligibility of the inmate may be cancelled at any time, within the discretion of the department.

(7) The department of rehabilitation and correction fully retains its right to control and regulate the associations of inmates.

(D) The written agreement described in paragraph (C) of this rule must also be signed by an authorized representative of OPI, unless the agreement is not related to an OPI enterprise. In such instances, the chief of division of business administration of the department will sign the written agreement.

Last updated March 18, 2024 at 9:21 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-04 Private employment inside an institution.

(A) Private employment of inmates may occur as approved by the director of rehabilitation and correction. Private employment will not occur inside an institution of the department unless, pursuant to a written agreement, the employer complies with the provisions of this rule.

(B) Public agencies or private persons or business entities who intend to employ inmates for work to be performed inside an institution must sign a written agreement, which provides, at a minimum:

(1) The employer supervises the performance of the work;

(2) Terms and conditions of compensation, subject to rule 5120-3-09 of the Administrative Code. Compensation being paid by the employer to the inmate at a specified rate and in a manner approved by the department of rehabilitation and correction, consistent with rule 5120-3-09 of the Administrative Code. The compensation earned through this program is in lieu of earnings under paragraph (A) of rule 5120-3-08 of the Administrative Code.

(3) The employer is responsible for any and all required benefits contributions.

(4) The employer accepts responsibility for the evaluation, promotion, demotion and retention of the inmates, the requirements of rule 5120-3-06 of the Administrative Code notwithstanding.

(5) The employer expressly agrees to be considered a "conditional employer" of the inmate.

(6) That the eligibility of the inmate may be cancelled at any time, within the discretion of the department;

(7) Under no circumstance will the department relinquish its obligation to provide security at any place on the property of the institution;

(8) That any person may be restricted from the institution property at any time in the interests of security;

(9) The department fully retains its right to control and regulate the association of inmates.

(C) The written agreement described in paragraph (B) of this rule must also be signed by the director of rehabilitation and correction or designee.

Last updated March 18, 2024 at 9:22 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-05 Compensation and benefits for inmates assigned to Ohio penal industries.

(A) In order to approximate the type of work atmosphere and conditions in private industry, inmates assigned to work programs operated by Ohio penal industries, (hereinafter "OPI"), will receive compensation as described in this rule rather than the monthly rate established in rule 5120-3-08 of the Administrative Code. OPI is designed to encourage the inmate to develop positive work habits and accept responsibility by basing compensation and benefits on performing the job assignment. Inmates assigned to OPI will only receive compensation for hours actually scheduled and worked unless leave time is available and approved to make up for scheduled hours missed. OPI programs are intended to provide training and rehabilitation to inmates. These programs are not to be considered "employment" and the inmates are not to be considered "employees" for any purpose.

(B) Job assignment grade level and pay schedule: Each inmate assigned to OPI will be assigned to an inmate pay grade based upon the nature of the work performed, the experience and skill level of the inmate, and any other appropriate factor. These pay grades, qualifications for each grade, and the base hourly compensation rate, which will be the same for all institutions and security levels, are to be set by the chief of industries with the approval of the director of the department of rehabilitation and correction.

(C) System of compensation and benefits: Inmates participating in OPI programs will be compensated only for scheduled hours actually worked unless leave time is available and approved pursuant to this rule to make up for scheduled hours missed. Inmates participating in OPI programs are to receive the following benefits: personal leave, holiday leave, sick leave, overtime, special pay and longevity supplement.

(D) Personal leave: Inmates participating in OPI programs earn personal leave credit that can be used to permit a paid absence from work for such voluntary purposes as visits, religious services, commissary, participation in varsity level sports, funerals, and passes for contacts with institution staff. Personal leave may also be used to make up for absences required due to attendance at pre-release training and official hearings such as those conducted by the parole board, review and furlough committees, classification committee, and rules infraction board. Additionally, personal leave may be used to make up for scheduled work hours missed due to a shop being closed for security events (e.g., staff shortage, fog and institutional lockdown). If an inmate does not have personal leave, the inmate will not be compensated for such hours missed.

(1) Personal leave credit is earned after six months in an OPI assignment as follows:

(a) Inmates working five or more hours a day on their job assignments earn personal leave credits at the following rates:

(i) One through eighteen months of service - three hours per month.

(ii) Nineteen through forty-two months - six hours per month.

(iii) Forty-three months and over - nine hours per month.

(b) Inmates who work at institutions whose standard shift operations are less than five hours per day will receive fifty per cent of the personal leave credit specified above.

(2) The inmate must obtain advance approval from the shop industry manager or designee for the use of personal leave.

(3) Accumulated personal leave credit may be transferred from one institution to another if the transfer is not for disciplinary purposes and there is not a break in OPI services exceeding six months.

(4) An inmate who is released from incarceration may, with prior written approval of the chief of industries, be compensated for any unused accumulated personal leave. Inmates leaving OPI service, but not released from incarceration, are not to be compensated for unused accumulated personal leave credit, but such credit is permitted to be maintained for six months. If the inmate returns to OPI service within six months, then the inmate is permitted to retain the accumulated personal leave credit. If the inmate leaves OPI service for an educational program that exceeds six months, the inmate may retain accumulated personal leave credit if the inmate returns to OPI immediately following the inmate's participation in the educational program.

(5) Personal leave may only be used as provided in this rule. It has no application to any job assignment other than those by OPI.

(E) Holidays: OPI inmates will receive straight hourly pay at their current OPI grade level for any hours they would normally have been scheduled to work on a day that falls on a state-observed holiday. Inmates required to work on holidays will receive regular pay for hours worked in addition to holiday pay.

(F) Sick leave: Effective the first day of every month, inmates assigned to OPI are credited with three hours of sick leave. Inmates will receive an accumulated thirty six hours of sick leave for twelve months of assignment to OPI. An inmate assigned to OPI after the first day of the month will receive a prorated share of the three hours of sick leave on the basis of three hours per month. An inmate may be compensated by available sick leave for hours of work missed because of illness or psychological/psychiatric counseling. The inmate must provide a medical slip from the appropriate medical or psychological staff person approving the inmate's absence from work and specifying the times and date or dates of absence. If an inmate is unable to work because of illness or non-work related injury, but has used all available sick leave, the inmate will not be entitled to compensation from OPI. If an inmate is unable to work because of a job-related injury and has exhausted the inmate's sick leave benefits, the inmate will receive up to thirty days pay at the inmate's current pay grade level. If an inmate is unable to work for more than thirty consecutive days, the inmate will be reclassified to a non-OPI institution assignment. In such case the inmate will thereafter be compensated pursuant to rule 5120-3-08 of the Administrative Code, rather than this rule. Accumulated sick leave may be transferred from one institution to another as long as the transfer is not for disciplinary purposes and there is not a break in OPI service exceeding six months. An inmate who leaves the service of OPI is ineligible to be compensated for unused accumulated sick leave. A release from incarceration shall extinguish any unused sick leave. Unused accumulated sick leave credit for inmates leaving OPI service, but not released from incarceration, will be maintained for six months. If the inmate returns to OPI service within six months, then the inmate is eligible to retain the accumulated sick leave credit. If the inmate leaves OPI service for an educational program that exceeds six months, the inmate may retain accumulated sick leave credit if the inmate returns to OPI immediately following the inmate's participation in the educational program. Sick leave may only be used as provided in this rule. It has no application to any job assignment other than those by OPI.

(G) Longevity: Inmates who have completed a minimum of fifteen months in an OPI assignment will receive a longevity pay supplement as follows:

(1) Fifteen months but less than thirty months - four cents per hour;

(2) Thirty but less than forty-five months - eight cents per hour;

(3) Forty-five months or more - ten cents per hour. Only service accumulated on and after July 1, 1986 may be considered in awarding this longevity supplement. For purposes of calculations of longevity service, time may be transferred from one OPI shop to another within the institution or from one institution to another unless the transfer is a disciplinary transfer. Only the time an inmate is actually assigned to an OPI job is counted in the accumulation of longevity. Although not accumulating additional longevity during any periods of time not actually assigned to OPI, accumulated longevity is not lost because of an interruption in service of less than six months or an interruption in service for approved educational courses even if the interruption is longer than one year and the inmate returns to OPI immediately following the inmate's participation in the educational courses. However, a release from incarceration extinguishes accumulated longevity credit. Any person so released who is subsequently recommitted or returned to an institution operated by the department does not receive longevity credit for service prior to the release.

(H) Standard compensation programs: Unless involved in a special compensation program as described in paragraph (J) of this rule, an OPI assigned inmate will receive standard compensation as defined in this paragraph plus any applicable overtime compensation as described in paragraph (I) of this rule. An inmate's standard compensation is the hourly base rate for his pay grade plus any applicable longevity pay supplement for the scheduled hours actually worked or offset by leave time.

(I) Overtime: The chief of industries or designee has authority to designate the standard workweek for each OPI shop . An inmate who, with the advance written approval of the chief of industries, or designee, accumulates, in one week, compensable hours that exceed the standard workweek will be compensated at one and one half times the applicable hourly pay rate for those compensable hours exceeding the standard workweek.

(J) Special pay programs: The chief of industries, or designee, may implement special pay programs as follows:

(1) Premium pay: The chief of industries, or designee, may award, on a month-to-month basis, additional premium pay to inmates who make contributions to OPI operations that exceed standards required of them.

(2) Piece work: The chief of industries, or designee, may establish a compensation plan based upon individual or group piece-work standards for any new shop deemed appropriate or for any existing shop where increased production is needed. If piece-work compensation is adopted, the chief of industries or designee is permitted to structure it in lieu of the standard compensation established by this rule.

(3) Bonus supplement: When circumstances arise requiring high production requirements or emergency production runs in shops not adaptable to a group piece-work plan pursuant to paragraph (J)(2) of this rule, the chief of industries may approve a bonus supplement for the OPI inmates assigned to the shop involved. The rate of the bonus supplement will be within the discretion of the chief of industries.

(4) Compensation for the prison industry enhancement certification program will be established in accordance with the bureau of justice assistance guidelines.

Last updated March 18, 2024 at 9:22 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-06 Work program assignments for inmates.

(A) It is the policy of the department that inmates not be assigned, transferred, or removed from a work program assignment for punitive purposes, and that such assignment, transfer, or removal not be related to discipline for rule infractions, except insofar as infractions are job related and manifest an inability on the part of the inmate to function in the job or at the job location.

(B) Work program assignments of inmates are to be made by a committee appointed by the managing officer of the institution which shall be known as the WPAC. The committee should:

(1) Review the inmate's supervision level status, considering all current information;

(2) Review any referrals and the recommendation of the job coordinator;

(3) Initiate or continue an appropriate program plan, including any appropriate job action; and

(4) Record within the unit record file notes of any observed improvement or deterioration in the inmate's demonstrated attitude, a statement of the recommended program plan, any orders or alterations to the inmate's work program assignment, and any other comments which may be appropriate.

(C) Whenever the WPAC considers a substantial change in the inmate's work program assignment, the WPAC may schedule a conference with the inmate and at least one member of the WPAC. The inmate will receive written notice of the conference at least forty-eight hours in advance, which will inform the inmate of the purpose of the event, that the inmate has a right to speak with at least one member of the WPAC and that; he may speak or submit a written statement regarding the program change under consideration. The inmate may waive this conference.

(D) Following the conference with the inmate, the committee is to make a written record of the conference for the unit management file. The committee will then recommend whether or not a program change is appropriate. The recommendation will be given to the managing officer for final decision. The inmate may submit written comments or objections to the managing officer of his designee, concerning the recommendation of the WPAC.

(E) The inmate may appeal the decision of the managing officer to the bureau of classification and reception within five days of being notified of the decision. The appeal must specify the grounds clearly and in detail. The decision of the bureau of classification and reception is final; decisions made by the managing officer are not stayed pending any appeal.

(F) The WPAC considers and decides all proposed promotions, demotions and probationary removals of inmates. A removal from a work program assignment is considered a demotion within the context of this chapter of the Administrative Code. The WPAC also considers and decides any requests for transfers between work program assignments in the same institution.

(1) Promotions and demotions must be initiated by the supervisor of the work program assignment for the particular inmate. The supervisor sends their recommendation to the job coordinator, who also makes a recommendation. The job coordinator notifies the WPAC of the proposed action within five working days of receipt of the recommendation from the supervisor. The WPAC then reviews the proposed promotion or demotion, and implement or reject the proposal. Approved promotions and demotions are effective at the beginning of the next pay period following receipt of the proposal by the WPAC.

(2) The supervisor may temporarily promote or demote an inmate pending a decision on a proposal which has been submitted to the job coordinator. In the event the proposal is rejected, the inmate shall be returned to his original status.

(3) An inmate may be removed from a work program assignment within thirty days of assignment if the supervisor considers the performance of the inmate to be unsatisfactory. The supervisor shall send written notice of the probationary removal to the WPAC, with a statement of the reason, and request that the inmate be reassigned. The WPAC then takes any appropriate action.

(G) Promotional or lateral program reassignments, and shop transfers, are to be handled by the WPAC. Referrals may be made by any work supervisor, institution committee or inmate applicant. The referral or request will be given to the job coordinator who makes a recommendation for or against the requested action. The job coordinator sends the referral and their recommendation to the WPAC. The job coordinator includes any relevant information pertaining to the inmate's work experience and training, and recommends primary and secondary program placements.

(H) In the case of any job reassignment or transfer requests, the WPAC is to include the inmate's custody level and the time to be served.

(I) Work program supervisors will prepare a performance evaluation of each inmate at the end of each probationary period and each year thereafter. A special performance evaluation will be prepared for inmates being recommended for promotion or demotion. A copy of each performance evaluation shall be forwarded to the job coordinator and to the unit record file of the inmate.

(J) An inmate may be removed from an institutional work program for disciplinary reasons if the inmate is convicted of a job-related or security-related rules infraction, pursuant to rules 5120-9-06 to 5120-9-08.1 of the Administrative Code. Removal may be recommended to the WPAC by the rules infraction board as part of its sanction or referred to the WPAC in the appeal process. Conviction of a serious security violation by the serious misconduct panel under rule 5120-9-08.1 of the Administrative Code will result in immediate removal from a work program.

(K) The managing officer or his designee may assign an inmate to a temporary job at any time based on institution needs.

Last updated March 18, 2024 at 9:22 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-07 Special labor.

(A) Inmates may be temporarily released from the institution to perform special labor, either as an institutional work assignment or an OPI assignment as authorized by section 5147.27 of the Revised Code. Special labor assignments may be made when the assignment promotes the rehabilitation of the inmate, serves the interests of the community, or provides operational assistance to the department or another agency of the state of Ohio.

(B) The managing officer of the institution is responsible for approving all special labor assignments. An inmate must be classified as minimum security to be eligible for such an assignment. The managing officer is responsible to verify that appropriate transportation arrangements have been made.

(C) Inmates assigned to special labor are subject to the direction and control of correctional employees; they are not employees of any public agency or private person or business entity. Consistent with this status, inmates may receive instructions from non-institutional personnel regarding work performance. Non-institutional personnel may be requested to provide performance evaluations of inmates assigned to special labor.

(D) When an inmate is on special labor release pursuant to this rule, the inmate will:

(1) Be under the direct, immediate, and personal supervision and control of a correctional employee or;

(2) Be under direct, immediate, and personal supervision and control of a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card;

(3) Directly and promptly proceed to the destination using the approved method of transportation and route, and not deviate from the purpose and destination of the release;

(4) Remain at or within the area designated as the destination of the release;

(5) Obey all orders, commands, and instructions of the correctional employee or the responsible person to whom the inmate has been released;

(6) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs while on release;

(7) Not violate any federal or state law, or any municipal ordinance;

(8) Work diligently and display proper conduct;

(9) Return to the institution before or at the time scheduled for return using the approved method of transportation, and not deviate from the institutional destination.

(E) Violations of paragraph (D) of this rule are subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 to 5120-9-08.1 of the Administrative Code. The correctional employee or responsible person to whom the inmate is released is responsible to immediately report to the managing officer of the institution any violations of paragraph (D) of this rule which they observe or have knowledge of. All persons other than a correctional employee to whom an inmate is released are required to sign a written acknowledgment of this duty.

(F) The warden of the institution is responsible to immediately notify, in writing, the director of rehabilitation and correction and the appropriate law enforcement agencies of any escape, walkaway, or failure of an inmate to return from a special labor release made pursuant to this rule.

(G) Prior to the approval of an inmate's application for special labor release pursuant to this rule, a form setting forth the provisions for release will be provided to the inmate who will then sign his or her understanding and agreement to abide by and be bound by those requirements.

(H) Inmates who are released pursuant to this rule and who have received an OPI assignment as defined in rule 5120-3-02 of the Administrative Code will be compensated according to the requirements of rule 5120-3-05 of the Administrative Code.

(I) Inmates who are released pursuant to this rule and who have not received an OPI assignment as defined in rule 5120-3-02 of the Administrative Code will be compensated pursuant to rule 5120-3-08 of the Administrative Code unless voluntarily participating in an uncompensated program.

(J) The WPAC is the screening committee for the special labor release program. Procedures used in the selection process shall be the same as in rule 5120-9-53 of the Administrative Code.

Last updated March 18, 2024 at 9:22 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-08 Inmate compensation for work program assignments and related matters.

(A) Inmates who are assigned to work programs, other than those operated by Ohio penal industries or other employment promulgated pursuant to rules 5120-3-03 and 5120-3-04 of the Administrative Code, are enrolled in institutional school programs or who are unassigned, will receive compensation according to the following schedule:

(1) Category one inmates will receive no compensation. "Category one inmates" include those in reception at a designated reception facility who are unassigned, those who are in short-term restrictive housing pursuant to rule 5120-9-10 of the Administrative Code and those who are absent with leave for more than seven days and those absent without leave.

(2) Category two inmates will receive at least three dollars per month to be credited and paid to their personal account. "Category two inmates" include those who are absent with leave (not to exceed seven days) and those who have no job assignment in a work program but maintain their personal living quarters in accordance with rules issued by the managing officer. Category two also includes those on death row and in protective control without a job assignment, those who are new arrivals at a parent institution awaiting assignment, those pending an investigation pursuant to rule 5120-9-11 of the Administrative Code, and those who are in pre-classification assignment status.

(3) Category three inmates will receive at least six dollars per month to be credited and paid to their personal account. "Category three inmates" are those not in category one or two and include those who have an actual work assignment of less than sixty hours per month, those who are assigned to limited duty by the medical staff and those who have been confined to a hospital or the infirmary for more than thirty consecutive days. For the first thirty days of a hospital or infirmary stay, an inmate will be compensated according to his category and level immediately preceding admittance.

(4) Category four inmates will receive at least nine dollars per month to be credited and paid to their personal account. "Category four inmates" are those who have an actual work assignment of sixty to eighty-nine hours per month or those who are part-time students for sixty to ninety hours per month. Category four also includes those assigned to extended restrictive housing pursuant to rule 5120-9-10 of the Administrative Code regardless of job assignment.

(5) Category five inmates will receive at least twelve dollars per month to be credited and paid to their personal account. "Category five inmates" include those who have an actual work assignment of ninety to one hundred thirty-nine hours per month.

(6) "Category six inmates" are those in full-time work assignments or apprenticeship training, of at least one hundred forty hours per month, or those who are full-time students or those who are part-time students with part-time work assignments with a combined total of at least one hundred forty hours per month. Category six inmates will receive from twelve dollars to twenty-two dollars per month at the discretion of the managing officer. The managing officer is permitted to consider the inmate's security level or classification and whether the work assignment is an apprenticeship, general labor, semi-skilled, or skilled when determining the monthly rate of pay.

Those inmates who are full-time students or part-time students with part-time work assignments shall be considered general labor grade within the proper security level for purposes of determining the monthly rate of pay.

(7) Category seven inmates will receive twenty-four dollars per month to be credited and paid to the personal account. "Category seven inmates" include those with full-time work assignments requiring a high degree of skill or responsibility which are authorized by the managing officer. The number of inmates in category seven may not exceed three per cent of the institution's population.

(B) Overtime and incentive rates of compensation.

(1) Subject to the approval of the managing officer, category six and category seven inmates may be paid at the rate of one and one-half times their regular rate of pay for each hour in excess of one hundred forty hours per month, whenever the managing officer deems the additional employment of such inmates necessary and proper to the accomplishment of a special project or in the event of an emergency.

(2) The managing officer may adopt an incentive plan appropriate to designated work assignments, under which inmates may earn compensation in addition to their regular pay for the category to which they are assigned. Such an incentive plan should be based upon an established production quota or other like system developed by the department of rehabilitation and correction.

(C) The rules infraction board may recommend a reduction of future compensation for restitution due to a rules infraction as specified in rule 5120-9-08 of the Administrative Code. Reductions require the approval of the managing officer, that they not exceed fifty per cent of normal compensation and that they not be reduced below three dollars.

(D) Work assignment hours shall be determined by calculating the number of hours spent on the work assignment in an average month. An "average month" is twenty-two working days for a five-day-per-week assignment. Only hours of actual work are eligible to be counted for less than full-time assignments.

(E) Reasonable time spent on visits, sick call, official pass, or for other reasons approved by the managing officer or his designee do not affect the calculation of work assignment hours.

(F) As far as practicable, changes in work assignments which result in a change of pay category or grade, should be made at the beginning of the month. For changes of pay category or grade occurring at quarter-month intervals, compensation for each quarter will be made according to the assignment for each quarter. For changes of category or grade occurring within any quarter-month, the assignment which was held longer will determine the compensation for that quarter-month. The smallest time unit for determining compensation is a quarter-month.

(G) Personal account. Compensation paid to an inmate pursuant to this rule is to be placed in the inmate's "personal account." At the request of the inmate, funds not exceeding the amount on deposit in that inmate's "personal account" may be drawn from that account and paid to the inmate's family. The inmate may draw against his or her "personal account" to purchase items kept for sale by the institution. The managing officer may authorize other expenditures. Any balance remaining in an inmate's personal account at the time of his lawful release may be paid to such inmate upon such release.

(H) Release procedure. In addition to the compensation paid to their personal account pursuant to this rule, each inmate will be paid upon release an amount to be determined by the division of business administration based upon appropriate funds, provided that such compensation is paid only to inmates released directly from the institution into the community and is not be paid to any inmate who is released to a detainer or released during an absence with leave, including, but not limited to, an inmate released directly from the custody of the county sheriff following a judicial release pursuant to section 2929.20 of the Revised Code.

Inmates who have compensation credited to their release account prior to the adoption of this rule will receive the amount credited or the amount paid under this rule, whichever is greater.

(I) The institution may furnish appropriate clothing to an inmate upon release.

(J) An inmate who is unable to obtain transportation to the place to which he is paroled may be provided such transportation and necessary meal costs at the discretion of the managing officer. Transportation will be provided at the lowest cost available with the institution purchasing non-refundable tickets for this purpose.

(K) Compensation paid pursuant to this rule may be from designated special purpose funds or the prisoner compensation fund.

Last updated March 18, 2024 at 9:23 AM

History

Effective: March 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-3-09 Distribution of earnings.

Inmates in a work program are subject to the distribution of their earnings as follows:

(A) Up to twenty per cent of gross earnings may be withheld to pay applicable self-employment income taxes. Earnings withheld but not utilized will be returned to the inmate subject to the provisions of this rule.

(B) To satisfy governmental fines, governmental debts, and child support.

(D) Up to twenty-five per cent of net earnings may be provided to the verified dependents of the inmate.

(E) Up to twenty-five per cent of net earnings may be used for restitution to the victim(s) of the inmate's offense(s), if the inmate voluntarily requests or is under court order to make restitution or to the reparations fund.

(F) Pursuant to an adopted department policy, up to twenty-five per cent of net earnings may be used to reimburse the state for room and board and for the expense of providing employment to the inmate. Reimbursement to the state will be at the average per diem cost of all institutions of the department or twenty-five per cent of net earnings, whichever is less. "Per diem cost" is the average daily cost for the preceding fiscal year as calculated by the division of business administration each September first.

(G) Not less than twenty-five per cent of net earnings will be deposited to the personal account of the inmate.

(H) The department is authorized to establish a savings account for each inmate. Monthly net earnings after deductions pursuant to paragraphs (B) to (F) of this rule deposited to the personal account of the inmate in excess of four-hundred dollars will be placed into the savings account for the benefit of the inmate. Funds from the savings account may be used to satisfy applicable taxes if necessary. Earnings withheld pursuant to paragraph (A) of this rule and which are subsequently not used will be deposited to the savings account. The balance in the savings account will be paid to the inmate upon release, or to the person authorized to claim the inmate's property in the event of death, and will be in lieu of the release payment specified in rule 5120-3-08 of the Administrative Code.

(I) Upon approval from the managing officer or designee, inmates with over five thousand dollars in their savings account may be permitted to request withdrawals up to half of the amount over five thousand dollars in a single calendar year. No such withdrawals may be permitted to reduce the balance of a savings account to an amount below five thousand dollars.

(J) The managing officer or designee may approve withdrawals, though still not taking the total amount of the account below five thousand dollars, for the following reasons:

(1) To satisfy any debts incurred prior to incarceration. Such payments will be remitted directly to the entity collecting payment.

(2) For exceptional circumstances involving family members that are independently verifiable, with documentation, as determined by the managing officer or designee.

Last updated August 24, 2026 at 7:45 AM

History

Effective: August 20, 2026
Promulgated Under: 119.03

Chapter 5120-5 Funds

Ohio Adm.Code 5120-5-01 Transfer of funds for inmates transferred to the department of mental health or department of mental retardation and developmental disabilities.

(A) This rule governs those instances where any inmate of the department of rehabilitation and correction is transferred to a facility operated by the department of behavioral health or department of developmental disabilities and developmental disabilities, following proper procedures, leading to his subsequent release to parole, post release control or other status.

(B) At the time of transfer for study, the inmate's personal account balance shall be reconciled and sent with him so commissary privileges are not lost.

(C) If the inmate is released by parole or other status from an institution other than an institution of the department of rehabilitation and correction, or transferred to other than the inmate's parent institution, the parent institution will be notified by the bureau of classification in sufficient time to transfer the inmate's earnings account (release fund) to the releasing institution.

(D) If necessary, the department of rehabilitation and correction will provide clothes for the inmate's release. If the inmate desires to wear personal civilian clothing, at the time of his release to parole, this clothing should be sent to the inmate at the releasing agency facility.

(E) If it becomes necessary to transfer the inmate back to the department of rehabilitation and correction, all monies in the inmate's account shall be returned with suitable accounting records so that it can be reconciled with this department's records.

Last updated September 3, 2026 at 8:17 AM

History

Effective: September 3, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-02 Inmate funds.

(A) As used in this rule:

(1) "Unapproved source" means any person under the supervision of the department of rehabilitation and correction or any other correctional agency unless approved by the managing officer, any transaction the managing officer has cause to believe is for an unlawful purpose, and any other source where the managing officer has cause to believe the transaction is for an unlawful purpose, including, but not limited to, fraud, extortion, blackmail, dealing and gambling. For purposes of funds sent by any source and checks sent by inmates pursuant to paragraph (C) of this rule, an "unapproved source" also means any person not on the inmate's tentatively approved visiting list.

(2) When referring to funds, "approved form," means a certified check, cashier's check, money order, check drawn upon the account of a governmental agency or when available, wire or electronic transfer. All money orders and checks must be legible, include the inmate's number and a return address, and be signed by the sender.

(3) When referring to funds, "unapproved form" means currency, coin, or personal check drawn upon an account of an individual, private association, firm, partnership, or corporation, or any other unapproved form.

(B) An individual account record shall be maintained for each inmate in the cashier's office of an institution which reflects all receipts and disbursements of funds from each account.

(C) Funds in approved form, in an amount not to exceed four hundred dollars a month from one person, unless approved by the managing officer, may be accepted for deposit to the account of that inmate. An inmate may request that a reasonable amount of personal funds be sent, in the form of a check, to any entity other than an unapproved source.

(D) Funds in any amount from an unapproved source or in an unapproved form shall not be accepted for deposit and shall be processed pursuant to rule 5120-5-08 of the Administrative Code.

(E) A checking account shall be established to maintain and administer inmate funds.

(F) An inmate who will be incarcerated for less than one year when admitted to the department of rehabilitation and correction may hold an outside bank account. If holding such an account, the inmate shall notify, in writing, the cashier's office of that account. The cashier's office shall maintain a record of that notice.

(G) Investments:

(1) The cashier's office shall hold any previously issued series EE savings bonds and all certificates of deposit, registered in the inmate's name, for safekeeping. Investments not registered in the inmate's name must be sent by certified mail, at the inmate's expense, to the registered owner or guardian of the owner. Separate journal controls will be established and maintained for individually owned bonds and certificates of deposit as a means of accountability for all such items held by the institution. A notation to the effect that an inmate does have personal investments should also be made on the inmate's account record. All inmates will be informed of opportunities to invest surplus personal funds.

(2) Consolidated investments: all inmates' funds not individually invested and deemed to be in excess of the normal operating level, shall be consolidated and invested in savings or money market accounts or certificates of deposit at banks, savings and loan associations, or the state treasury asset reserve of Ohio fund as approved by the chief of the division of business administration. The interest received from such investments shall be deposited to the credit of the custodial account for inmates' checking account, and immediately thereafter, a check will be issued in the amount of such interest to the industrial and entertainment fund. All deposits and investments from inmates' consolidated funds will be registered as follows:

State of Ohio

(Name of institution)

Custodial account for inmates

(Name of managing officer or successor)

(3) Any bank or savings and loan association holding deposits shall be insured by federal insurance agencies.

(H) Pursuant to paragraph (C)(24) or paragraph (C)(46) of rule 5120-9-06 of the Administrative Code, it is a rule violation for an inmate to engage in any form of business with an employee, or conduct business operations with any person or entity outside the institution, respectively, without authorization from the managing officer.

Last updated July 16, 2026 at 7:53 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-03 Court order for payment of funds from inmate's account.

(A) The purpose of this rule is to establish guidelines and procedures for withdrawing money that belongs to an inmate and that is in an account kept for the inmate by the department of rehabilitation and correction (DRC), upon receipt of a certified copy of a judgment of a court of record in an action in which an inmate was a party that orders an inmate to pay a stated obligation. The DRC may apply such money toward payment of the stated obligation to the court or in another matter as directed by the court.

(B) Upon the DRC's receipt of a certified copy of a judgment that orders an inmate to pay a stated obligation in a matter which an inmate was a party, the warden or designee will determine if the inmate is still in the custody of the DRC. If the inmate is not in the custody of the DRC, the warden or designee will advise the clerk of the court or other appropriate authority issuing the order of that fact and, if known, the forwarding address of the inmate. If the inmate is in custody of the DRC the warden or designee will forward such judgment to the institution where the inmate is presently incarcerated, specifically addressed to the attention of the warden or designee who is responsible for the inmate's account at the institution. Requests for funds to fulfill court orders are prepared by the warden's designee where the inmate is presently housed.

(C) When a certified copy of a judgment from a court of proper jurisdiction is received directing the DRC to withhold funds from an inmate's account, the warden's designee will take measures to determine whether the judgment and other relevant documents are facially valid. If a facial defect is found then a letter of explanation will be sent to the clerk or other appropriate authority and the collection process stops until the defect is cured. If no defect is found, the warden's designee will promptly deliver to the inmate adequate notice of the court-ordered debt and its intent to seize money from his/her personal account. The required notice must inform the inmate of a right to claim exemptions and types of exemptions available under section 2329.66 of the Revised Code and a right to raise a defense as well as an opportunity to discuss these objections with the warden's designee. This practice provides safeguards to minimize the risk of unlawful deprivation of inmate property.

When the pre-deprivation notice is delivered to the inmate, the warden's designee shall also deliver notice to enter a case on the inmate's account to the cashier. The court ordered amount or available portion thereof shall be collected and held until further notice by the designee.

After the inmate's timely opportunity to assert any exemption or defense, the designee shall review the record and determine the department's authority to withdraw money from the inmate's account. Notice will be given to the inmate regarding the designee's decision to either remove the case and withdraw no money or initiate payments.

(D) If withdrawals are authorized and if there are sufficient funds in the inmate's account to satisfy the amount shown as due, as long as the account retains twenty-five dollars for inmate expenditures, the designee will promptly cause a check to be issued payable to the clerk of the court or other appropriate authority issuing the order. A check will be drawn and charged or debited against funds in the inmate's account. At such time, the case shall be made inactive on the inmate's account. It is the designee's responsibility to see that the check is transmitted directly to the appropriate clerk of the court for disbursement or payment is made in another manner as directed by the court.

(E) If withdrawals are authorized and if there are insufficient funds in the inmate's account to satisfy the amount shown as due, a monthly check will be issued payable to the appropriate clerk's office or in another matter as directed by the court, for the amount of monthly income received into the inmate's account which exceeds twenty-five dollars until the full amount of the court obligation has been paid. The hold will remain on the inmate's account until sufficient funds have been paid to satisfy the amount shown as due on the balance remaining thereon.

(F) Nothing in this rule precludes the DRC from distributing earnings as set forth in rules 5120-3-09 and 5120-12-05 of the Administrative Code.

(G) If the inmate is released from the custody of the DRC before he/she has paid the full amount of the judgment upon his/her release, the designee shall send a notice to the appropriate clerk's office or other authority advising of the inmate's release, the inmate's last forwarding address, if known, and the fact that the inmate has not paid the full amount of the judgment. A copy of this notice is to be placed in the inmate's file and a copy given to the division of parole and community services if the offender is released under supervision.

(H) If the inmate is transferred to another institution or facility within the DRC during the time that there is an unsatisfied judgment with a monetary order and an active case on the inmate's account by reason thereof, a copy of the judgment with a monetary order shall be transferred with the inmate to such new institution or facility and the procedure specified above will continue to apply. Collection of the court obligation will continue at any subsequent DRC institution or facility until payment in full can be made.

(I) Successive orders to pay a stated obligation will be collected as directed after each preceding judgment has been satisfied, unless otherwise directed by a court with proper jurisdiction.

(J) Pursuant to paragraph (B) of rule 5120-5-02 of the Administrative Code, an individual account record will be maintained for each inmate in an institution which reflects all receipts and disbursements of funds from each account. The accounting, computations, and disbursements of such funds to pay a court ordered obligation shall be made in accordance with procedures established and approved by the DRC. The inmate shall be provided written notice each time monies are withdrawn from his/her account; and the final notice of disbursal shall be provided to the inmate when the court ordered amount has been paid in full.

Last updated July 16, 2026 at 7:53 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-04 Administration of industrial and entertainment funds.

(A) The warden, with the approval of the chief of the division of business administration or designee, may establish an institution fund designated as the industrial and entertainment fund, which is created and maintained for the entertainment and welfare of the inmates.

(B) All funds designated for the entertainment and welfare of the inmates and received by an institution shall be deposited and maintained in the industrial and entertainment fund. Funds donated for specific purposes must be shown in separate subsidiary accounts of the industrial and entertainment fund.

Income for this fund includes, but is not be limited to, the following sources: commissary profits and interest, donations, vending machine commissions, interest from interest-bearing checking accounts (e.g., industrial arts fund and inmate personal fund), interest from institution investment accounts (e.g., savings accounts and certificates of deposit), transfer of funds under the provisions of the Revised Code and rules of the Administrative Code (e.g., closing inactive inmate accounts), and occupational and/or activities therapy projects (e.g., barber and beauty shops, shoe shine shops, gift shops, and car washes).

(C) All disbursements from the industrial and entertainment fund shall be used for purchases which exclusively benefit inmates. No disbursements will be approved for items to be used for the benefit of an individual inmate, inmate group, or employees.

Disbursements from this fund may be made for, but are not limited to, the following: recreation equipment, entertainment, library supplies and equipment, video purchase, rental, and licensing, chapel expenses, occupational and/or activity therapy supplies, going-home clothes, inmate free postage, hygiene and legal kits, and repair and maintenance of equipment eligible for purchase with these funds. For specifically planned events (e.g., yard day), specialty food items may be purchased with the approval of the chief of the division of business administration or designee.

Disbursements should not be made for legal books required by department policy; such books are to be purchased through general revenue funds.

(D) Prior to making any expenditure in excess of five hundred dollars, approval shall be obtained from the chief of the division of business administration or designee.

Six outside entertainment performances each fiscal year may be authorized by the warden, up to seven hundred fifty dollars for an individual performer and one thousand five hundred dollars for a group performance. Approval for additional performances or higher amounts is to be obtained from the chief of the division of business administration or designee.

Such approval is not required for disbursements for items acquired for resale (e.g., photographic film for pictures).

Disbursements are not be be divided into two or more payments or in any other manner to circumvent the securing of approval from the chief of the division of business administration or designee.

Disbursements are subject to state procurement requirements unless prior written approval is obtained from the chief of the division of business administration or designee.

(E) The chief of the division of business administration may establish and maintain a central industrial and entertainment account which is initially funded by the transfer of industrial and entertainment funds from closed institutions. A portion of institution industrial and entertainment income may be transferred to continue this central account and be used for purposes consistent with this rule.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-05 Inmate commissaries.

(A) Institutional commissaries are to be kept clean and in good order at all times.

(B) The managing officer or designee must approve all items sold in institutional commissaries. Items are to be sold at a reasonable price. Unless approved by the office of administration, an item is not to be sold at less than cost except as a means to reduce inventory of slow moving items. A current price list will be posted for the inmates at least once every six months.

(C) The managing officer or designee will establish and publish operating procedures governing inmate commissary privileges and file copies with the office of administration. Commissary shopping privileges are not to be extended to anyone other than inmates except in cases of extreme emergency or crises upon the approval of the managing officer or designee. Every inmate will be provided the balance in his/her account before shopping.

(D) Unless an inmate transferee is received at an institution without personal funds, credit is not to be extended to inmates for shopping in commissaries, without the permission of the office of administration. An inmate transferee without personal funds may be advanced up to the cost of a lock and five dollars on his personal account for commissary shopping. The amount of credit is posted to the inmate's personal account as a debit and recovered from the first funds the inmate receives from any source. Newly incarcerated inmates received at reception are not to considered inmate transferees.

(E) An inventory will be taken at least monthly, and an accurate record will maintained by the commissary manager of all transactions affecting accountability, including, but not limited to, price increases or decreases, bonus items received, breakage, and spoilage. Commissary managers are to prepare monthly financial statements no later than the tenth of the month following the reporting period and retain on file after review by the managing officer or designee.

(F) Commissary revenue exceeding operating costs and cash reserves are considered profits. Profits from the commissary operation are to be paid into the industrial and entertainment fund. The department of rehabilitation and correction shall maintain at least one cash reserve account equal to two times the cost value of the average monthly inventory for the preceding fiscal year of its five largest commissaries. Reserve accounts shall be invested and the interest earned transferred to the industrial and entertainment fund.

(G) Expenditure of funds in excess of five hundred dollars for items other than merchandise for sale or operating supplies requires prior approval of the chief of the division of business administration or designee.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-06 Industrial arts.

(A) This rule provides guidelines for industrial arts activities resulting in the sale of inmate arts and crafts or the provision of inmate personal services.

An industrial arts account or a subsidiary account to the industrial and entertainment account, including a cash journal, shall be established to cover all approved business transactions related to the sale of arts and crafts made or supplied by inmates and/or services provided to employees, with approval by the warden or designee. The establishment of an industrial arts account requires the approval of the chief of the division of business administration. Surplus funds accruing in the industrial arts account will be transferred to the industrial and entertainment account.

(B) Inmate arts and crafts (e.g., painting, leather goods, jewelry, and wood crafts).

(1) Before arts and crafts activities commence, the cashier's office will purchase, using industrial and entertainment funds, a vendor's license for state sales tax.

(2) Tools may be purchased from arts and crafts profits at the discretion of the warden or designee for use by inmates.

(3) Inmates are responsible for purchasing, using personal account funds, all raw materials and other supplies.

(4) The inmate will establish a retail price for his/her arts and crafts items for sale. Payment in excess of an item's retail price is to be deposited to the industrial arts account for operational expenses for the sales counter, not for inmate incentives (e.g., monetary tips or otherwise) for creating items.

(5) The warden or designee may provide a secure sales counter or other suitable method for selling arts and crafts to the general public, employees, or other inmates.

(6) The warden or designee will maintain an inventory of arts and crafts that are available for sale. At least quarterly, periodic physical inventory counts are to be performed, and any discrepancies forwarded to the institution investigator for review.

(7) If the cashier's office is not the point of sale, the warden or designee is be responsible for collecting money at the point of sale and forwarding it to the cashier's office on a daily basis. The sales receipt, for each item sold, should include the inmate name and number, retail amount, and sales tax. The original sales receipt is to be kept in the cashier's office, and copies given to the inmate and the purchaser.

(8) The cashier's office is responsible for the accounting and distribution of monies, including state sales tax. Monies collected must first be used to pay sales tax and the remainder will be distributed monthly with eighty per cent credited to the inmate's personal account and twenty per cent remaining in the established account for operational expenses such as sales tickets, cash register, price tags and wrapping paper.

(1) Any inmate personal services provided to employees shall be approved by the warden or designee. Personal services shall not be provided to employees who are on-duty if the employee must be present for the service to be performed.

(2) An employee may purchase in advance pre-numbered tickets for personal services through the industrial arts sales counter, cashier's office, or other method as approved by the warden or designee. An employee may only tip an inmate one ticket that is equivalent to the value of each personal service rendered.

(3) Materials and supplies for use by the inmates in providing personal services are to be purchased through the established account.

(4) Inmates are responsbile for purchasing required licenses using personal funds.

(5) The cashier's office is responsible for the accounting and distribution of monies, including state sales tax. Monies collected must first be used to pay sales tax and the remainder is to be distributed monthly with sixty per cent credited to the inmate's personal account and forty per cent remaining in the established account for operational expenses (shears and materials for supplies for car washes and shoe shines).

(D) The cashier's office will prepare a monthly profit and loss statement for each inmate arts and crafts and personal service to ensure it is solvent, which will be reviewed by the institution's business administrator . In the event of a loss, plans should be initiated to ensure the service becomes solvent.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-07 Inmate groups fiscal activities.

(A) This rule establishes procedures for financial accountability of funds generated by inmate groups authorized under rule 5120-9-37 of the Administrative Code.

(B) Fund-raising activities

(1) In addition to any established dues for those groups that are associated with state or national organizations, groups may establish dues, not to exceed six dollars per year, per member, with the approval of the warden or designee.

(2) Inmate groups may, with the approval of the warden or designee, conduct fund-raising activities, including the sale of services or merchandise, which shall not be in competition with the commissary. Each group selling services or merchandise is responsible for obtaining a vendor's license, and sales tax must be paid in accordance with state law.

(3) Inmate groups may receive contributions from individuals or groups with prior approval from the warden or designee. Such contributions are to be made to the group to be used for the group's designated purpose and not be credited to any individual.

(4) The cashier will account for money collected through fund-raising activities.

(1) Group accounts are to be maintained in a solvent position at all times. Purchase orders will be issued only if there are sufficient funds available to cover all outstanding obligations. Inmate groups shall obtain approval from the warden or designee prior to making any expenditure in order to prevent a single member or group advisor from incurring expenses on behalf of the group. Other than items for resale, inmate groups shall obtain written approval from the chief of the division of business administration or designee prior to making any expenditure in excess of five hundred dollars.

(2) Receiving reports will be prepared for all purchases. Vouchers will be prepared in the cashier's office for payment.

(3) Inmate groups shall obtain written approval from the warden or designee and the chief of the division of business administration or designee, prior to creating a new account. The cashier's office, when processing inmate group fiscal activities, will:

(a) Maintain each club's financial activity with a cash journal in a separate account, or as a subsidiary of the industrial and entertainment fund or general club checking account;

(b) Process cash slips and deposit all monies on a regular basis;

(d) Report and pay all taxes due.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-08 Procedures for handling confiscated money.

(A) Any money, including but not limited to cash, check, or money order, in the possession of an inmate, or any money received by an inmate from an unapproved source or in an unapproved form, as defined by rule 5120-5-02 of the Administrative Code, shall be confiscated.

(B) The warden or designee is responsible for creating a log all confiscated money by showing the amount, date received, source, and other conditions of confiscation and disposition. The confiscated money will then be forwarded, within a reasonable time, to the sender, if known. If the sender is not known after a reasonable effort, the money is to be disposed of on application to and order of any court having jurisdiction over the institution for deposit in the inmate's industrial and entertainment fund if not required as evidence in a criminal prosecution or rules infraction board proceeding. When the confiscated money is no longer required as evidence, the court application process should be initiated.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-09 Employees' housing.

(A) General: The department of rehabilitation and correction may make certain housing facilities available for the use of institutional and departmental personnel who are officially assigned to or on duty at the various institutions. "Housing facilities" are defined as houses, apartments, or rooms, furnished or unfurnished, which are used for permanent or temporary dwellings.

(B) Rules and regulations governing housing: Managing officers are responsible for the housing program within the institution under their jurisdiction, and are responsible for issuing regulations governing the assignment of quarters, the conduct of tenants of such quarters, and for the care of such quarters. Regulations issued by the institution should not conflict with the general rules and regulations outlined in this paragraph.

(1) No person may demand quarters as a matter of right or a condition of employment. Managing officers may determine whether an employee is to occupy quarters and may order that an employee vacate quarters.

(2) If occupancy of any rental unit drops to a point that annual rental income is lower than operating and maintenance expense, efforts should be made to utilize the space for purposes other than employee housing.

(3) All housing accommodations, including garages, will be identified by name or number, or both, and type of facility.

(4) Lessee can contract with a certified or licensed professional for alterations, repairs or changes to plumbing, electrical wiring, wall finishes, etc. All maintenance work will be approved by the staff member responsible for housing maintenance, prior to action by the maintenance department, and will conform to state and local fire regulations and inspection requirements. All remodeling or major repairs must have prior approval by the division of business administration.

(5) The institution will provide the necessary maintenance service to maintain rental quarters in good repair within the scope of funds available.

(6) The cost of utilities for houses and apartments, including outside telephone service, will be borne by the tenant. Where outside services are furnished, payment will be made by the tenant to the utility company. Where services are furnished by the institution, a reasonable cost will be determined by the department of rehabilitation and correction and added to rent for payroll deduction. Where utilities are furnished by the institution at a fixed charge, the employee tenants are expected to use prudent economy in the use thereof. Failure to comply is cause for removal from quarters. Superintendents will take appropriate action where excessive utility costs are incurred or wasteful practices are observed.

(7) An apartment or single room may be shared by two institutional employees with the approval of the superintendent, in which case the payroll deduction may be made from the salary of either of the occupants. An apartment, house, or single room will not be shared by an institutional employee and another person (non-employee) unless such person is the spouse, minor child, or dependent relative of such institutional employee.

(8) An inventory is to be taken each time that a furnished or semifurnished unit is rented and a copy of the inventory provided to the tenant. When a tenant vacates the property the inventory will be checked to note any missing or damaged items. A perpetual inventory record of all state-owned property in each rental unit will be maintained in the business office.

(9) Employee tenants will be responsible for replacement of any items not properly accounted for, and for repair or replacement of state-owned property damaged through actions of the tenant or resident members of his/her family, and pets.

(10) Linen or laundry services shall not be furnished for any house, apartment, or room with the exception of transient quarters.

(11) Employees are not responsible for performing domestic work in rooms, houses, and apartments, or grounds maintenance. The superintendent may assign or authorize inmates to perform occasional outside grounds maintenance or property maintenance under the direct supervision of appropriate employee.

(12) A staff member, designated by the superintendent, will conduct annual inspections of all housing facilities to ascertain the general condition of the facilities and compliance with fire, housekeeping, and safety regulations. A report of inspection will be made to the superintendent.

(13) Pets shall be kept under control at all times. Dogs and cats may be permitted by specific permission of the superintendent only in individual family dwellings. Horses, cattle and other livestock are not considered as pets for this purpose and shall not be permitted on rental property.

(14) Cooking is not permitted in rental units not provided with kitchen facilities.

(15) Employees and non-employees may share the same room at the corrections training academy.

(1) The chief of the division of business administration, with the approval of the director, will issue periodically a rental rate schedule establishing the rental rates and utility rates to be charged for the various types of employee rental property.

(2) Rent shall be paid biweekly, in advance, by payroll deduction. Cash or checks collected from transient guests are to be forwarded weekly to the division of business administration for deposit to the property receipts fund.

(3) The rental charges designated for a particular housing unit are based upon the type of housing provided and will be charged to any person occupying said quarters.

(4) Garage rental rates will apply to any garage or parking facility not attached or considered part of a dwelling.

(5) Any exception to the rental rates outlined in this policy must be approved by the division of business administration.

(D) Inspection and review of housing: An inspection and review of the rental units at all institutions shall be made annually by a representative of the division of business administration, or designee, and at any other time by order of the director.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-11 Employee activity funds.

(A) This rule provides guidelines for the employee activity fund for each institution and adult parole authority region under the jurisdiction of the department of rehabilitation and correction.

(B) Subject to the approval of the chief of the division of business administration, the managing officer may establish an employee activity fund based upon a recommendation from the institution's or adult parole authority's joint labor management committee. This fund will cover all approved transactions related to income from vending areas designated solely for use by employees and from employee fundraisers.

(C) All funds received for specific purposes such as, but not limited to, combined charitable campaign and operation feed, are to be shown in a subsidiary account of the employee activity fund for such specific purposes and must be reflected in the total balance of the employee activity fund.

(D) All disbursements from the employee activity fund shall be used for purchases that provide for the benefit, welfare, morale, and productivity for employees and will follow state purchasing guidelines.

The joint labor management committee is responsible for submitting a plan of expenditures for approval by the warden or designee or adult parole authority regional administrator or designee. At the beginning of the fiscal year, the plan is to be sent to the appropriate regional deputy director or adult parole authority superintendent for review and then forwarded to the chief of the division of business administration. The chief of the division of business administration or designee then will provide the warden or regional administrator final notification of approval. The institution or adult parole authority staff shall not obligate any such funds without a plan approved by the chief of the division of business administration or designee.

Modifications to the approved plan will follow the same procedure as the original plan.

Disbursements from this fund shall be made upon approval of the warden or adult parole authority regional administrator and the joint labor management committee. All expenditures in excess of five hundred dollars require a request for approval (DRC 1229) signed by the chief of the division of business administration or designee.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-5-12 Facility site selection.

(A) When the director of the Ohio department of rehabilitation and correction decides to seek proposals to build a facility in a particular geographic region of the state, this administrative rule governs the procedure to be utilized.

(B) For the purposes of this rule, "facility" is defined to include, but not to be limited to, correctional institutions, technical violator centers, intensive program prisons, and halfway houses.

(C) The director will develop criteria to be utilized to evaluate sites under consideration. Site criteria may vary depending on the size, security level or mission of the proposed facility.

(D) After selecting a geographic region, the director will extend invitations to submit proposals for the facility to political jurisdictions within that area through letters to local jurisdictions, letters to elected state officials, newspapers, or other appropriate means of notification.

(E) A site selection panel will evaluate the proposals using the criteria developed for the facility, this panel may include representatives from the department of rehabilitation and correction, environmental protection agency, department of development, department of administrative services or other agencies as selected by the director of the department of rehabilitation and correction.

(F) After all proposals have been evaluated by the site selection panel, a short list of sites meeting all selection criteria will be developed. Sites on the short list will be then invited to make presentations to the site selection panel.

(G) Upon the recommendation of the site panel, the director will make a final selection which best meets the needs of the department of rehabilitation and correction.

Last updated April 19, 2024 at 7:48 AM

History

Effective: April 19, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-5-13 Correctional healthcare services co-payment.

(A) No inmate will be denied needed medical treatment because of a lack of ability to pay. Inmates will receive appropriate medical care based on their present need, without regard to financial status. Inmates shall be notified of the co-payment requirement during orientation.

(B) For the purposes of this rule, the following definitions apply:

(1) "Indigent inmate." An inmate is considered indigent if, at the time of the request for medical services, the inmate has earned or received less than twelve dollars during the immediately preceding thirty-day period, and if the inmate's account balance has not exceeded twelve dollars at any time during the immediately preceding thirty day period.

(2) "Medical emergency." Medical services that require an emergency trip outside the institution or an admission to an infirmary.

(C) All medical services initiated by an inmate through the appropriate health services request form will carry a two dollar inmate co-pay charge. All medical services initiated by an inmate through emergency procedures will not carry an inmate co-pay charge, if an actual emergency exists.

(1) If an inmate requests emergency medical procedures, and it is determined by medical staff that no actual medical emergency exists, the inmate will be charged a three dollar co-payment charge.

(D) The medical staff will notify the cashier's office of the inmate to be debited and the date of the visit. The cashier will then debit the account of the inmate.

(E) Inmates will not be charged a co-payment charge in the following circumstances:

(1) If the inmate is indigent, as defined by this rule.

(2) If the request for medical services is solely for a refill of a current, active prescription for which a refill is available.

(3) If the medical services are provided in an in-patient setting.

(4) If the request is for dental services.

(5) Medical services initiated by staff reporting requirements, including but not limited to sexual assaults, use of force and accident reports.

(F) Inmates may contest a co-pay charge by utilizing the inmate grievance procedures as provided by rule 5120-9-31 of the Administrative Code. Pursuant to this rule, an inmate's informal complaint, the first step in the grievance procedure, should be directed to the institution's health care administrator.

(G) Each institution will make a copy of this rule available at the institution library.

Last updated July 16, 2026 at 7:54 AM

History

Effective: March 28, 2024
Promulgated Under: 111.15

Chapter 5120-7 Personnel

Ohio Adm.Code 5120-7-01 Appointing authorities.

(A) Appointing authorities within the department of rehabilitation and correction shall have authority to appoint, select, promote, transfer, reinstate, reduce, discipline and remove employees of the department pursuant to section 5120.01 of the Revised Code, and in accordance with this rule. The appointing authorities within the department of rehabilitation and correction shall be as follows:

(1) The director. The director shall appoint all deputy directors, division chiefs, chief of the division of parole and community services, managing officers, deputy wardens, executive staff, and any employee with a fiduciary relationship to the director. These employees shall serve in the unclassified civil service at the pleasure of the director.

(2) The deputy director of each operation support center division or bureau. The deputy director of each operation support center division or bureau shall select, appoint, discipline and remove employees within their division or bureau with the director's approval.

(3) The managing officer of each institution, for that institution.

(4) The deputy director of the division of parole and community services, for that division, including the adult parole authority.

(5) The managing officer of the corrections training academy for all probationary employees while attending the academy for employee orientation training. For the purposes of this rule, the corrections training academy shall be considered an institution under the control of the department.

(6) In an appointing authority's absence, an appointing authority may appoint an acting appointing authority who shall have the same authority to act within this rule.

(B) The appointing authority may discipline employees in the classified and unclassified service pursuant to section 124.34 of the Revised Code and any applicable collective bargaining agreement for any department code of conduct violation, for criminal behavior, and for violation of any policy of the department of rehabilitation and correction or department of administrative services.

Last updated January 11, 2024 at 2:57 PM

History

Effective: May 23, 2014
Promulgated Under: 111.15

Chapter 5120-9 Use of Force; Institutional Rules

Ohio Adm.Code 5120-9-01 Use of force.

(A) As the legal custodians of a large number of potentially dangerous inmates, prison officials and employees are confronted with situations in which it may be necessary to use force to control inmates or respond to resistance. This rule identifies the circumstances when force may be used lawfully.

(B) As used in this rule and rules 5120-9-02 and 5120-9-03 of the Administrative Code:

(1) "Force" means the exertion or application of a physical compulsion or constraint.

(a) The mere application and use of restraints (such as handcuffs, waist or leg restraints) in connection with accepted procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(b) The use of one's hands with minimal force such as may be necessary or incidental to the application of restraints, or to restrain, guide, support, or direct, etc., an inmate during procedures such as the transport, escort or movement of an inmate shall not in itself be considered a reportable use of force.

(c) If force, greater than minimal force, is needed to overcome the physical resistance of an inmate in order to apply restraints or otherwise gain control of the inmate, it shall be considered a reportable use of force.

(2) "Less-than-deadly force" means any force which could not reasonably be expected to result in the death of the person against whom it is directed.

(3) "Excessive force" means an application of force which, either by the type of force employed, or the extent to which such force is employed, exceeds that force which reasonably appears to be necessary under all the circumstances surrounding the incident.

(4) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person. Examples of deadly force include, but are not limited to, the following:

(a) Discharging a firearm in the immediate vicinity of or directed toward another person;

(b) Striking another person on the head with an instrument;

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

(6) "Serious physical harm to persons" means any of the following:

(a) Any physical harm which carries a substantial risk of death;

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

(c) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment which occurred as a result of a physical injury;

(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 of prolonged or intractable pain.

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

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

(9) "Immobilizing security restraints" means any appliance which secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" shall include, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(1) Amount of force. Staff members considering the use of force shall evaluate the need to use force based on the circumstances as known and perceived at the time it is considered.

(a) Staff may use force only to the extent deemed necessary to control the situation; staff shall increase or decrease the level of force as resistance increases or decreases.

(b) Staff should attempt to use only the amount of force reasonably necessary under the circumstances to control the situation and shall attempt to minimize physical injury.

(2) Less-than-deadly force. There are six general circumstances in which a staff member may use force against an inmate or third person. A staff member may use less-than-deadly force against an inmate in the following circumstances:

(a) Self-defense from physical attack or threat of physical harm.

(b) Defense of another from physical attack or threat of physical attack.

(d) When necessary to stop an inmate from destroying property or engaging in a riot or other disturbance.

(e) Prevention of an escape or apprehension of an escapee; or

(f) Controlling or subduing an inmate in order to stop or prevent self-inflicted harm.

(3) Deadly force. Deadly force may only be used when the staff member reasonably believes that such force is necessary to accomplish any of the following:

(a) To protect self or another from death or serious physical harm being caused or threatened by an inmate or another person;

(b) To prevent or halt the commission of an escape, or to apprehend an escapee, or;

(4) Whenever possible, an appropriate oral warning shall be given prior to the use of deadly force. In no event shall a warning shot from a firearm be appropriate.

(5) Medical attention for any individual injured during a use of force incident will be provided as soon as practical after the incident.

(6) Force to achieve compliance: any use of force in which staff can prepare for the use of force. Staff shall call for assistance before using such force. When safe and reasonable to do so, such force should be directed by the shift supervisor or other ranking official and should be videotaped.

(7) Reactive force- a use of force that is an immediate response to an immediate threat of harm to oneself or another; and the individual can safely and effectively respond to the threat.

Last updated March 24, 2023 at 10:42 AM

History

Effective: October 19, 2019
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-02 Use of force report and investigations.

(A) Following any reported use of force, the shift supervisor shall ensure that the following reports have been completed:

(1) Each employee and/or contractor who is physically involved in or witnesses a use of force incident will verbally notify their supervisor of the basic details of the incident before leaving the institution at the end of their shift or workday. The supervisor will summarize the basic details of the incident in section A of the "Supervisor's Use of Force Summary Report" (DRC2611) by the end of their shift. After verbal notification has been completed, employees must complete and submit a "Use of Force Report" (DRC2181/1001), to include the basic details of any behavioral intervention, de-escalation or intervention efforts occurring before or during the use of force incident, within seventy-two hours of the incident.

(2) The shift supervisor will obtain a written statement and/or body worn camera video statement from each inmate against whom force was used describing the inmate's version of the event, and identifying any witnesses to the event. This statement will be taken as soon as possible after the incident. The shift supervisor will determine what additional witness statements are needed and, in making this determination, take into consideration both the nature of the incident and any injuries received. The inmate may refuse to make such a statement, but the refusal will be made in writing and/or body worn camera video statement and acknowledge that the inmate knowingly waived the opportunity to make a statement.

(3) In the event that the inmate is placed in restrictive housing and suspected of committing a criminal offense, the warden, warden's designee, or highest ranking official on site will consult with the Ohio state highway patrol prior to interviewing the inmate to coordinate the administrative investigation with any criminal investigation.

(4) Medical staff will examine all individuals upon whom force was used, and any individual who used force on an inmate. Medical staff will prepare a written assessment and/or electronic health care record of each individual examined. Whenever a person is injured and needs medical care a shift supervisor will collect and report the names of staff and inmate witnesses. If the shift supervisor was directly involved in the force incident, statements will be obtained by another supervisor not directly involved in the incident.

(5) The shift supervisor will consider making a videotape or photographic record of any individual, whether staff or inmate, who was or claims to have been injured during the incident. In deciding to make such a record, the shift supervisor will consider:

(a) The extent of the injuries;

(b) The nature of the incident, even if the individual is uninjured; and

(6) The record of injuries may be made at the time of the medical assessment if doing so will not interfere with or delay the delivery of necessary medical care. Such record will exclude any medical information except for a description or depiction of the injury.

(B) The shift supervisor will prepare a packet containing each of the documents listed in this rule together with any other witness statements or information considered relevant. The shift supervisor should save any available recordings, including all security cameras and any hand-held recordings that capture the incident and post-incident escorts. The shift supervisor will prepare a report on the appropriate form to attach to the relevant documents referenced in paragraph (A) of this rule. The shift supervisor will deliver this packet to the chief of security, and/or other designee who will review the packet for accuracy, consistency and completeness. The completed packet will then be delivered to the designated deputy warden as soon as all reports are completed.

(C) The designated deputy warden will review the use of force packet prepared by the shift supervisor. The designated deputy warden may order or collect additional statements or other information as needed. The deputy warden will determine the following:

(1) Are the factual circumstances described sufficiently in the record to enable an evaluation of the amount of force used;

(2) Are the factual circumstances of the situation in dispute;

(3) Was the type and amount of force appropriate for the circumstances as the deputy warden of operations believes them to have occurred;

(4) Was the type and amount of force reasonable under the circumstances as the responding staff perceived them; and

(5) Were applicable administrative rules, departmental policies, institution policies and post orders followed.

(D) The designated deputy warden will send his or her determinations as described above to the warden for review or further action. The warden may:

(1) Accept the findings of the deputy warden;

(2) Direct that the deputy warden or other appropriate staff conduct further inquiry into the situation;

(3) Refer the matter to a use of force investigation; or

(4) Refer the matter to the chief inspector, pursuant to paragraph (K) of this rule, for investigation.

(E) The warden may refer any use of force to a use of force investigation at any time. The warden is required to refer the use of force for further inquiry if any of the following apply:

(1) The factual circumstances are not described sufficiently in the record to enable an evaluation of the propriety of the amount of force utilized;

(2) The incident involved serious physical harm to any person;

(3) The incident constituted a significant disruption to the normal operation of the institution; or

(4) Weapons, PR-24 strikes, or less-lethal munitions were used during the incident, whether by staff or by inmates.

(F) The use of force investigator will be assigned by the warden or designee. The use of force investigator will conduct a review of the use of force incident and the matters surrounding the incident. The investigator shall not be any person involved with the incident under investigation, nor such person's direct supervisor, nor any person who reviewed some other aspect of the incident, such as the hearing officer or a member of the rules infraction board. The person appointed to investigate a use of force incident will complete training for that position.

(G) The use of force investigator will review all materials in the use of force packet and any findings previously made. The investigator will also interview each inmate and staff member directly involved, and any other relevant witnesses. These interviews will be completed within twenty working days of the date the matter was referred to the investigator. Any extensions will be approved by the warden. The investigator will review any other relevant evidence.

(H) The investigator will prepare a report which contains findings of fact and conclusions as to whether the level and degree of force used was appropriate for the circumstances. The investigator will submit to the warden a report, a summary of the statements received, the use of force packet, and any other information received by the investigator within thirty working days after being assigned. The warden will approve any request for an extension of the deadline for the report.

(I) The warden will review the record and report presented by the investigator. If the warden believes that further investigation or clarification is necessary the warden may return the matter to the assigned investigator, another investigator, or the chief inspector for additional investigation or review. When the warden is satisfied that the matter has been thoroughly investigated, the warden will take such actions as he or she deems appropriate.

(J) The warden will supplement the report with any relevant information about other actions taken as a consequence of the conclusions of the report. The complete investigative record will be stored in a secure area designated by the warden. A copy of the cover sheet and report prepared by the investigator, minus any attachments, will be placed in the offender's unit file and in the designated employee file.

(K) The chief inspector may initiate an investigation of a use of force incident either upon his or her own initiative or upon the request of the director, assistant director, regional director, or the warden of the institution in which the incident took place. In such cases the chief inspector may utilize other departmental staff to assist with the investigation or hearing as may be necessary or appropriate, notwithstanding other provisions of this rule to the contrary.

(L) A use of force investigation report generated under this rule will also serve as the administrative investigation into conduct which may be in violation of departmental policies, procedures, and/or rules. The use of force investigation may be used to support employee disciplinary action.

Last updated January 22, 2026 at 7:48 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-03 Inmate complaints of use of force where no use of force report has been made.

(A) A use of force by a staff member, as defined in rule 5120-9-01 of the Administrative Code, with no subsequent use of force report being made is contrary to department policy.

(B) The inspector of institutional services, (hereinafter referred to as the IIS,) of each institution shall have the responsibility of investigating inmate complaints of use of force by a staff member, where no report was filed.

(C) In the event of a complaint by an incarcerated individual of use of force, where no use of force report was made, the following procedure shall apply:

(1) Any incarcerated individual complaint of use of force, whether oral or written, received by any staff member, shall be immediately forwarded to the IIS. If the complaint is oral, the staff member receiving the complaint shall document it in an incident report and forward a copy to the IIS.

(2) Regardless of the manner in which a complaint of use of force is received, the staff member receiving the complaint shall insure that a prompt medical examination is made of the incarcerated individual upon who the use of force was allegedly used.

(3) Upon receipt of a complaint of a use of force, the IIS shall review all available camera footage.

(a) The IIS shall interview the incarcerated individual, the staff member(s) allegedly involved, and any other witnesses the IIS deems necessary, unless the camera footage demonstrates conclusively that a use of force did not occur.

(b) If camera footage is available and demonstrates conclusively that force DID NOT occur, the IIS may conclude their investigation without interviewing the incarcerated individual or any other person and proceed to paragraph (C)(5) of this rule.

(c) Regardless of the determination, any camera footage that is reviewed shall be preserved for the same period of time as the report to the warden is preserved.

(4) If the IIS determines that a use of force did occur the IIS shall require that appropriate use of force reports be filed.

(5) The IIS shall prepare a report for the managing officer, which will include his or her findings, a summary of the evidence upon which the finding was based, and any and all relevant documentation, such as the incarcerated individual's written complaint, incident reports, and or use of force reports.

(6) The managing officer shall then take action consistent with rule 5120-9-02 of the Administrative Code.

Last updated July 16, 2026 at 7:55 AM

History

Effective: May 27, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-04 Appropriate supervision, discrimination and racial issues.

(A) Discrimination with regards to supervision and administrative actions against any inmate or group of inmates, on the basis of race, color, religion, gender, sexual orientation, disability, age or national origin, by any staff member, or by any group or individual representing the department is strictly prohibited. Any substantiated acts of discrimination on the part of staff will be addressed through the employee disciplinary process, which may include such sanctions as suspension or removal.

(B) As used herein, the term "inappropriate supervision" means any continuous method of annoying or needlessly harassing an inmate or group of inmates, including, but not limited to, abusive language, racial/sexual derogatory slurs, and the writing of inmate conduct reports strictly as a means of harassment. A single incident may, due to its severity or egregiousness, be considered inappropriate supervision for purposes of this rule.

(C) To provide a monitoring mechanism to ensure conduct reports are not being issued strictly for harassment purposes the department of rehabilitation and correction shall keep a record of conduct reports written by each staff member. The record shall include a copy of the conduct report and its disposition.

(D) Inmates may always address issues of alleged discrimination, including inappropriate supervision by utilizing the inmate grievance procedures in accordance with rule 5120-9-31 of the Administrative Code.

(E) Notwithstanding paragraph (D) of this rule, when any staff member receives an inmate complaint that appears to allege inappropriate supervision as defined by this rule, the staff member shall immediately forward the complaint to the inspector of institutional services for review.

(F) If after review the inspector of institutional services determines the complaint to constitute a possible violation of appropriate supervision the following procedure shall apply:

(1) The inspector of institutional services shall promptly interview the inmate who wrote the complaint. The inmate shall at this time be advised of the availability of the inmate grievance procedures if the inmate wishes to pursue the complaint on his own behalf.

(2) Regardless of the inmate's decision whether or not to utilize the inmate grievance procedures, if the inspector of institutional services, based on his interview with the inmate, finds that the inmate's complaint may have merit, the inspector of institutional services will conduct further investigation, including conducting interviews of the staff member(s) involved, potential or identified witnesses, and anyone else the inspector of institutional services feels may have relevant testimony to give, and video footage to include body worn camera footage. If relevant to the complaint, the inspector of institutional services shall review the staff member's conduct report writing record.

(3) After the inspector of institutional services has completed the investigation, the inspector of institutional services shall then make a conclusion as to whether or not the supervision of the staff member was appropriate. If the inspector determines the supervision was inappropriate, the inspector will write a report to the managing officer that will include the incarcerated adult's original complaint, the inspector of institutional services' finding of fact, and the evidence upon which the finding is based. In cases where the inmate has filed a grievance, the inspector of institutional services will also provide the inmate with a disposition to the grievance, which will include the inspector of institutional services' findings, consistent with rule 5120-9-31 of the Administrative Code. The inspector's report to the managing officer shall also serve as the administrative investigation into conduct which may be in violation of departmental policies procedures and/or rules. The inspector's report may be used to support employee disciplinary actions.

(4) The managing officer may order additional investigation, if the managing officer deems necessary. At the point the managing officer decides the incident has been thoroughly investigated, the managing officer will take any appropriate action necessary.

(5) A copy of all documents related to the complaint and investigation, including the report to the managing officer and the managing officer's response, if any, shall be maintained by the inspector of institutional services in accordance with the established and applicable record retention schedule.

(G) All employee orientation and in-service training and staff development will include extensive programs in interpersonal communications and human relations, including appropriate supervision and cultural sensitivity.

(H) So far as reasonably possible, and consistent with all other applicable constitutional and statutory requirements, institutional programs and work assignments should closely reflect the racial composition of the institution's inmate population.

Last updated July 1, 2024 at 4:28 PM

History

Effective: July 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-05 Immobilizing restraints for security or administrative purposes.

(A) Immobilizing security restraints may be used for the safety of persons and the security and good order of the institution. Immobilizing security restraints shall never be used as punishment. The use of immobilizing security restraints shall be governed by this rule and rule 5120-9-01 of the Administrative Code, except. the requirements of this policy will not govern nor have application in mental health housing or in any use of therapeutic restraints on a seriously mentally ill inmate under the supervision of healthcare treatment staff.

(B) Reports. The use of immobilizing security restraints will be considered an application of force.

(1) Staff involved in placing an inmate in immobilizing security restraints will document the placement as a use of force. The use of force incident reports and all related documents shall be delivered to the shift commander prior to the end of the shift in which the restraints were applied.

(2) Institution staff who recommend or authorize placement of an inmate in immobilizing security restraints will document the factors related to that decision in an incident report, explaining the events leading up to the application of the immobilizing restraints.

(3) The application of immobilizing security restraints under this policy will be recorded on videotape.

(1) "Immobilizing security restraint" means any appliance that secures the inmate in such a way that the inmate is prevented from rising, using toilet facilities, or eating. "Immobilizing security restraint" includes, but is not limited to, what is known as "four-way" or "five-point" restraints. This does not include the use of handcuffs, leg irons or belly chain in the transport or movement of the inmate.

(a) Inmates will be restrained in the face-up position (supine), with face towards the ceiling, arms at the sides, and with feet approximately shoulder-width apart, unless otherwise ordered by the institution medical director.

(b) Inmates will not be restrained by linking the hands and feet behind the back, sometimes called "hog-tying."

(2) "Initial Period of Restraint" means the first authorized period of immobilizing security restraint that may be up to two hours in duration. This period of restraint may be initiated by either the highest-ranking supervisor on site, the shift supervisor, or other person designated by the managing officer.

(3) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. The continued period of restraint may be up to six hours in duration. This period of restraint may only commence with the approval of a physician following an examination of the inmate by a qualified medical professional.

(4) "Mental health housing" is a residential treatment unit ("RTU"), mental health crisis cell, infirmary cell or any other housing designated for treatment of inmates for serious mental illness.

(5) "Qualified medical professional" is a registered nurse, a nurse practitioner, a physician or a physician assistant.

(D) Authorization. The highest ranking supervisor on site, the shift supervisor, or other person designated by the managing officer will authorize the placement of an inmate in immobilizing security restraints when he or she determines that:

(1) The inmate is engaging in violent, threatening, destructive or self-destructive behavior that poses an imminent risk of physical harm to himself or another, or;

(2) The inmate persists in disruptive behavior or behavior that threatens the security of the institution, and,

(3) Will not respond to orders to cease and other means of restraint do not appear to be an effective alternative, and,

(4) The imposition of immobilizing security restraints is necessary to gain control of the inmate.

(E) Duration and release. An inmate placed in immobilizing security restraints will be restrained for limited, authorized periods or until the reason for the restraint no longer exists, whichever comes first. An inmate in immobilizing security restraints will be permitted to take liquids every two hours, eat meals and use toilet facilities, as the inmate's behavior allows it. The inmate should be released to the degree and for the time necessary to perform these functions.

(1) "Initial Period of Restraint." The first authorized period of immobilizing security restraint may be initiated as indicated in paragraph (D) of this rule. This period may be up to two hours in duration.

(a) Medical exam. A qualified medical professional will immediately review the inmate's medical file and personally examine the inmate. The inmate will be continually observed until the qualified medical professional evaluation and approval occurs. The qualified medical professional's review will be documented in the inmate's medical chart.

(2) "Continued Period of Restraint" refers to a period of immobilizing security restraint following the initial period of restraint. If during the initial period of restraint the inmate continues to demonstrate violent, turbulent, threatening, or self-destructive behavior, a continued period of restraints may be authorized. This period may last for up to six hours.

(a) To authorize this period of restraint, the shift supervisor or other official identified in paragraph (D) of this rule, will determine that the reasons for the application of restraints still exist; and,

(b) A physician will approve the continued period of restraint. In order to approve the continued period of restraint, a physician or a qualified medical professional will first examine the inmate and record the examination in the medical file. If the qualified medical professional, conducts the examination, he or she will also speak to a physician whose approval will be necessary for continued restraint. The physician's approval will be documented in the medical file, and may be provided by telephone.

(3) The shift supervisor will consult with the mental health staff at the time of release to evaluate the inmate's present needs. If continued restraint may appear to be necessary after eight hours of restraint, the medical director and the bureau of behavioral health services staff will evaluate the inmate personally and recommend appropriate action.

(4) Release from immobilizing security restraints can be ordered at any time by the shift supervisor, the physician, the managing officer or the managing officer's designee when the inmate is no longer disruptive, threatening or engaging in self-destructive behavior, or creating a security risk.

(5) If the examining qualified medical professional concludes at any time that the inmate is likely to suffer imminent and serious physical harm as a result of the restraints, the qualified medical professional will immediately communicate this information to the shift supervisor. The shift supervisor will then take action to diminish the risk of harm to a medically acceptable level, up to and including the release of the inmate from the restraint.

(F) Health care notifications. As soon as possible after an inmate has been placed in immobilizing restraints, the shift supervisor will notify the institution's mental health staff, or medical staff if mental health staff is not available on site. When the incident is to be handled as a planned use of force, the medical staff will be notified prior to the incident and will be in attendance during the incident whenever possible.

(1) The health care staff contacted will check to determine whether the inmate is on the mental health caseload.

(2) If the inmate is on the caseload or is behaving in an unusual manner, the health care staff will contact the appropriate on-duty psychiatrist, psychologist, licensed independent social worker or the psychiatrist on-call for an appropriate consultation.

(3) Documentation of the health care evaluation and any subsequent actions will be entered into the mental health record if completed by mental health staff, or into the medical record if completed by medical staff.

(G) Monitoring. Staff will periodically check on the condition of any inmate in restraints.

(1) After the initial qualified medical professional's evaluation and approval referenced in paragraph (E)(1)(a) of this rule, security staff will check an inmate in immobilizing security restraints on an irregular basis, not to exceed fifteen minutes apart. Each check will be documented in an appropriate restraint log indicating the time of the check, the inmate's behavior, and any observations made by staff and the staff member's initials.

(2) A qualified medical professional will check on the condition of any inmate in immobilizing security restraints no less than every two hours. The medical staff is responsible for documenting these checks in the medical file and in the appropriate restraint log.

(3) "Restraint Log." Whenever an inmate is placed in immobilizing security restraints, staff responsible for the supervision of the area in which the inmate is held will maintain a restraint log noting the reasons for the restraints and the time and date of restraint, authorizations, staff contacts with the inmate, medical contacts with the inmate, and other appropriate information.

Last updated May 31, 2024 at 6:52 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-06 Inmate rules of conduct.

(A) The disciplinary violations defined by this rule address acts that constitute an immediate and direct threat to the security or orderly operation of the institution, or to the safety of its staff, visitors and inmates, (including the inmate who has violated the rule), as well as other violations of institutional or departmental rules or regulations.

(B) Dispositions for disciplinary rule violations (henceforth, "rule violations") are defined in rules 5120-9-07 and 5120-9-08 of the Administrative Code.

(C) Assault and related acts rule violations: Assault and related acts, rules 1.1 through 1.6; threats, rules 2.1 through 2.5; sexual misconduct, rules 3.1 through 3.8; fighting, unauthorized group activity, and disturbances, rules 4.1 through 4.6; resistance to authority and disrespect, rules 5.1 through 5.7; unauthorized relationships, rule 6.1; lying and falsification, rules 7.1 through 7.2; escape and related conduct, rules 8.1 through 8.6; weapons, rule 9.1; drugs and other related matters, rules 10.1 through 10.7; gambling, dealing and other related offenses, rules 11.1 through 11.4; property and contraband, rules 12.1 through 12.7; fire violations, rules 13.1 through 13.2; computer, telephone, mail, and visiting, rules 14.1 through 14.7; tattooing and self-mutilation, rules 15.1 through 15.2; general provisions rules 16.1 through 16.3 as follows:

(1) Causing, or attempting to cause the death of another person (DRC inmate rule of conduct no. 1.1).

(2) Hostage taking, including any physical restraint of another person. (DRC inmate rule of conduct 1.2).

(3) Causing, or attempting to cause, physical harm to another person. (DRC inmate rule of conduct 1.3).

(4) Throwing, expelling, or otherwise causing a bodily substance to come into contact with another person. (DRC inmate rule of conduct 1.4).

(5) Throwing any other liquid or material on or at another person. (DRC inmate rule of conduct 1.5).

(6) Knowingly transmitting a communicable disease to another person. (DRC inmate rule of conduct 1.6.

(7) Threatening bodily harm to another person (with or without a weapon). (DRC inmate rule of conduct 2.1.

(8) Threatening harm to the property of another, including state property (DRC inmate rule of conduct 2.2).

(9) Extortion by threat of violence or other means towards another person. (DRC inmate rule of conduct 2.3).

(10) Use of telephone, mail, electronic devices, or any form of communication to threaten, harass, intimidate, or annoy another person. (DRC inmate rule of conduct 2.4).

(11) Intentionally grabbing or touching (not sexual contact) a staff member or non-incarcerated person without the consent of such person in a way likely to harass, annoy, or impede the movement of such person (DRC inmate rule of conduct 2.5).

(12) Non-consensual sexual conduct with another person, whether compelled by force, by threat of force, by intimidation other than threat of force, or by any other circumstances evidencing a lack of consent by the victim. (DRC inmate rule of conduct 3.1).

(13) Non-consensual sexual contact with another person, whether compelled by force, by threat of force, by intimidation other than threat of force, or by any other circumstances evidencing a lack of consent by the victim. (DRC inmate rule of conduct 3.2).

(14) Consensual sexual conduct or consensual sexual contact with another incarcerated person for the purpose of sexually arousing or gratifying either person. (DRC inmate rule of conduct 3.3).

(15) Consensual romantic contact with another incarcerated person including kissing and hand holding. (DRC inmate rule of conduct 3.4).

(16) Non-exhibitionist seductive or obscene acts. (DRC inmate rule of conduct 3.5).

(17) Indecent exposure, exhibitionistic masturbation, or exhibitionist obscene acts, including but not limited to masturbating while watching an individual or any sort of intentional aggression towards another person in an attempt to cause threat, harm, or humiliation. (DRC inmate rule of conduct 3.6).

(18) Sexual harassment- unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by an incarcerated person toward any person. (DRC inmate rule of conduct 3.7).

(19) Stalking- engaging in a pattern of conduct that causes another person to reasonably fear for his or her safety or to believe that the incarcerated person will cause physical harm to the other person. (DRC inmate rule of conduct 3.8).

(20) Rioting or encouraging others to riot. (DRC inmate rule of conduct 4.1).

(21) Engaging in or encouraging a group demonstration or work stoppage. (DRC inmate rule of conduct 4.2).

(22) Engaging in unauthorized group activities as set forth in paragraph (B) of rule 5120-9-37 of the Administrative Code. (DRC inmate rule of conduct 4.3).

(23) Encouraging or creating a disturbance. (DRC inmate rule of conduct 4.4).

(24) Fighting. (DRC inmate rule of conduct 4.5).

(25) Engaging in a group fight with 4 or more incarcerated persons. (DRC inmate rule of conduct 4.6).

(26) Physical resistance to a direct order. (DRC inmate rule of conduct 5.1).

(27) Disobedience of a direct order. (DRC inmate rule of conduct 5.2).

(28) Refusal to carry out a job assignment or work detail. (DRC inmate rule of conduct 5.3).

(29) Refusal to carry out a rehabilitative program assignment. (DRC inmate rule of conduct 5.4).

(30) Refusal to accept a housing assignment. This rule is also referred to as "refusal to lock." (DRC inmate rule of conduct 5.5).

(31) Being out of place. (DRC inmate rule of conduct 5.6).

(32) Disrespect towards another person, including instigation of, or perpetuating fighting. (DRC inmate rule of conduct 5.7).

(33) Establishing or attempting to establish a person relationship with a staff member or non-incarcerated person, without authorization from the managing officer, including but not limited to: sending personal mail/email to such person at his or her residence or another address/email address not associated with the agency; making a telephone call to or receiving a telephone call from such person at his or her residence or other location not associated with the agency; giving to, or receiving from such person, any item, favor, or service; engaging in any form of business with such person, including buying, selling, or trading any item or service; and soliciting sexual conduct, sexual contact or any act of a sexual nature with such person. (DRC inmate rule of conduct 6.1).

(34) Giving false information or lying to a staff member or non-incarcerated person. (DRC inmate rule of conduct 7.1).

(35) Forging, possessing, or presenting forged or counterfeit documents. (DRC inmate rule of conduct 7.2).

(36) Escape from institution or outside custody (e.g. transport vehicle, department transport officer, other court officer or law enforcement officer, outside work crew, etc.). As used in this rule, escape means that the incarcerated person has exited a building in which he was confined; crossed a secure institutional perimeter, or walked away from or broken away from custody while outside the facility. (DRC inmate rule of conduct 8.1).

(37) Removing or escaping from physical restraints (handcuffs, leg irons, etc.) or any confined area within an institution (cell, recreation area, strip cell, vehicle, etc.). (DRC inmate rule of conduct 8.2).

(38) Attempting or planning an escape. (DRC inmate rule of conduct 8.3).

(39) Tampering with any aspect of the facility physical structure or security monitoring or restraining devices in order to facilitate an escape (or an escape attempt). (DRC inmate rule of conduct 8.4).

(40) Possession of escape materials; including keys or lock picking devices (may include maps, tools, ropes, material for concealing identity or making dummies, etc.). (DRC inmate rule of conduct 8.5).

(41) Forging, possessing, or obtaining forged, or falsified documents which purport to effect release or reduction in sentence. (DRC inmate rule of conduct 8.6).

(42) Possession of, manufacture of, or possession of plans, instructions, or formula for making a weapon, ammunition, explosive or incendiary device. (DRC inmate rule of conduct 9.1).

(43) Unauthorized possession or manufacture of drugs or another intoxicating substance (i.e. alcohol or hooch). (DRC inmate rule of conduct 10.1).

(44) Unauthorized consumption of drugs or another intoxicating substance (i.e. alcohol or hooch), including failing any positive test for drugs or another intoxicating substance. (DRC inmate rule of conduct 10.2).

(45) Procuring, attempting to procure, or receiving unauthorized drugs; aiding, soliciting, or collaborating with another to procure unauthorized drugs or to convey unauthorized drugs into a correctional facility. (DRC inmate rule of conduct 10.3).

(46) Procuring, attempting to procure, or receiving contraband; aiding, soliciting, or collaborating with another to procure contraband or to convey contraband into a correctional facility. (DRC inmate rule of conduct 10.4).

(47) Unauthorized possession of drug paraphernalia. (DRC inmate rule of conduct 10.5).

(48) Misuse of authorized medication. (DRC inmate rule of conduct 10.6).

(49) Refusal to submit or otherwise to cooperate with any type of testing for drugs or an intoxicating substance, or mandatory substance abuse sanctions. (DRC inmate rule of conduct 10.7).

(50) Gambling or possession of gambling paraphernalia. (DRC inmate rule of conduct 11.1).

(51) Dealing, conducting, facilitating, or participating in any transaction, occurring in whole or in part, within an institution, or involving any person for which payment of any kind is made, promised, or expected. (DRC inmate rule of conduct 11.2).

(52) Conducting business operations with any person or entity outside the institution, whether or not for profit, without specific permission in writing from the managing officer. (DRC inmate rule of conduct 11.3).

(53) Possession or use of money in the institution. (DRC inmate rule of conduct 11.4).

(54) Stealing or embezzlement of property, obtaining property by fraud or receiving stolen, embezzled, or fraudulently obtained property. (DRC inmate rule of conduct 12.1).

(55) Destruction, alteration, or misuse of property. (DRC inmate rule of conduct 12.2).

(56) Possession of property of another incarcerated person. (DRC inmate rule of conduct 12.3).

(57) Tampering with locks or locking devices in order to keep doors from locking as a nuisance or to get out of locked area not for escape purposes. (DRC inmate rule of conduct 12.4).

(58) Possession or use of a cellular telephone. (DRC inmate rule of conduct 12.5).

(59) Possession or use of tobacco. (DRC inmate rule of conduct 12.6).

(60) Possession of any other contraband, including any article knowingly possessed with has been altered or for which permission has not been given (DRC inmate rule of conduct 12.7).

(61) Setting a fire or any unauthorized burning. (DRC inmate rule of conduct 13.1).

(62) Tampering with fire alarms, sprinklers, or other fire suppression equipment. (DRC inmate rule of conduct (13.2).

(63) Unauthorized use of a telephone, mail, or electronic device. (DRC inmate rule of conduct (14.1).

(64) Use of telephone, mail, or electronic devices in furtherance of any criminal activity. (DRC inmate rule of conduct 14.2).

(65) Violation of visitation rules, including video visits. (DRC inmate rule of conduct 14.3).

(66) Accessing directly or through indirect means any hardware, software, or system assets that are part of a local area network (LAN) or wide-area network (WAN) system used in the administrative operations of the agency. (DRC inmate rule of conduct 14.4).

(67) Receiving, possessing, or using any storage media outside of the specific areas as designated by the managing staff member/designee. (DRC inmate rule of conduct 14.5).

(68) The alteration of authorized electrical or technology devices for unauthorized purposes. (DRC inmate rule of conduct 14.6).

(69) Possessing any technical documentation, in any format, that describes the accessing, handling, functionality, or architecture of any hardware, software, or system assets used in the administrative operations of the agency. (DRC inmate rule of conduct 14.7).

(70) Self-mutilation, including tattooing. (DRC inmate rule of conduct 15.1).

(71) Possession of devices or material used for tattooing. (DRC inmate rule of conduct 15.2).

(72) Any act not otherwise set forth herein, knowingly done which constitutes a threat to the security of the institution, its staff, other incarcerated persons, or to the acting incarcerated person. (DRC inmate rule of conduct 16.1).

(73) Attempting to commit; aiding another incarcerated person in the commission of; soliciting another to commit; or entering into an agreement with another to commit any of the above acts. (DRC inmate rule of conduct 16.2).

(74) Any violation of any published institutional rules, regulations, or procedures. (DRC inmate rule of conduct 16.3).

(D) No inmate will be found guilty of a violation of a rule of conduct without some evidence of the commission of an act and the intent to commit the act.

(1) The act must be beyond mere preparation and be sufficiently performed to constitute a substantial risk of its being performed.

(2) "Intent" may be express, or inferred from the facts and circumstances of the case.

(E) Definitions: The following definitions will be used in the application of these rules.

(1) "Physical harm to person" means any injury, illness, or other psychological impairment, regardless of its gravity or duration.

(2) "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 that carries a substantial risk of death;

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

(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement.

(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(3) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, or any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(4) "Sexual contact" means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(5) "Possession" means either actual or constructive possession and may be inferred from any facts or circumstances that indicate possession, control, or ownership of the item, or of the container or area in which the item was found.

(6) "Unauthorized drugs," for the purpose of this rule, refers to any drug not authorized by institutional or departmental policy including any controlled substance, any prescription drug possessed without a valid prescription, or any medications held in excess of possession limits.

(7) "Extortion" as used in these rules, means acting with purpose to obtain any thing of benefit or value, or to compel, coerce, or induce another to violate a rule or commit any unlawful act.

Last updated May 31, 2024 at 6:53 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-07 Conduct report and hearing officer procedures.

(A) Scope: This rule governs the procedures for the issuance of a conduct report and procedures to be employed by the hearing officer for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, referring conduct reports to the rules infraction board (RIB) and the documentation of actions. Nothing in this rule precludes department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) Report: Any department employee or contractor, except those performing services under a personal services contract, who has reason to believe that an inmate has violated an inmate rule (or rules) of conduct may set forth such allegation on the form designated for that purpose.

(1) The conduct report will contain a description of the specific behavior constituting each rule violation, cite the name and number of each applicable rule of conduct, and be signed by the person making the conduct report.

(2) The person issuing the conduct report will indicate whether he or she wishes to appear before the RIB when the conduct report is heard.

(3) If the inmate's behavior suggests serious mental illness, the person should refer the inmate to institutional mental health staff for a mental health assessment.

(C) Hearing officer designation and qualification. Each managing officer will designate staff members as hearing officers. Persons selected to act as hearing officers will complete training issued by the department's division of legal services. A staff member who issued the conduct report, witnessed or investigated the alleged violation cannot serve as hearing officer in relation to that violation.

(D) Initial screening and preliminary procedure. The hearing officer will evaluate conduct reports for form and content.

The hearing officer determines whether the conduct report cites the correct rule, identifies the charged inmate and cites sufficient facts to support the charged violation. The hearing officer is authorized to accept, modify, withdraw or return a conduct report to the person who wrote the conduct report for correction or revision.

(E) Hearing officer - inmate interview. The hearing officer shall adhere to the following procedures. The hearing officer will meet with the inmate named on the conduct report as soon as practicable. The hearing officer will note the date and time of the meeting on the conduct report and provide the inmate with a copy. If the inmate refuses to accept the conduct report, the hearing officer will note that fact on record. The hearing officer will inform the inmate of the rule violation alleged, the behavior constituting the violation, and the right of the inmate to make a statement regarding the violation. The hearing officer may either decide and dispose of the violation or refer the violation to the RIB for hearing.

(F) Hearing officer - deciding and disposing of rule violations. The hearing officer may decide and dispose of violations where the alleged conduct is amenable to the dispositions listed in this rule. In such cases, the hearing officer shall adhere to the following procedures:

(1) The hearing officer will ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation.

(2) The hearing officer may interview staff, contractors or other inmates regarding the violation.

(3) If the person issuing the conduct report has indicated that he or she wishes to appear at the hearing of the conduct report, the hearing officer will contact that person before making any determination in the case.

(4) If the inmate waives participation in the hearing or refuses to participate in the hearing, the hearing officer will make a written record documenting the waiver or refusal. The hearing officer may then either proceed under this rule or refer the matter to the RIB.

(5) The hearing officer will determine whether a violation has occurred, If the hearing officer finds that there are some facts to support the conclusion that the inmate violated a rule, the hearing officer may impose one or more of any of the following dispositions:

(a) The hearing officer may refer the inmate for treatment, counseling, or other programming.

(b) The hearing officer may recommend a change in housing or job assignment.

(d) The hearing officer may recommend to the managing officer that the inmate be required to make restitution.

(e) The hearing officer may recommend to the managing officer that contraband be disposed of in a manner consistent with rule 5120-9-55 of the Administrative Code.

(f) The hearing officer may issue focused restrictions on privileges. Focused restrictions on privileges will not exceed ninety days for a first offense committed during the inmate's annual security classification review period and will not exceed one hundred and eighty days for subsequent offenses during the inmate's annual security classification review period.

(g) The hearing officer may place the inmate in a limited privilege housing assignment subject to the time frame and referral limitations set forth in rule 5120-9-09 of the Administrative Code.

(h) The hearing officer may assign a period of extra work duty for each rule violation.

(G) Recording the hearing officer's decision and disposition of a rule violation. When the hearing officer disposes of a rule violation, the hearing officer shall complete and sign the hearing officer disposition form indicating the name and number of the inmate, the nature of the rule violation or violations, the date and time of the interview, the hearing officer's findings, and any sanction(s) imposed. The disposition shall meet the following requirements:

(1) Such dispositions will be recorded in the inmate's file and shall clearly note that the hearing officer made the disposition.

(2) Such dispositions will not be considered for purposes of classification.

(3) These dispositions will be submitted to the RIB chair or designee for an administrative review to determine substantial compliance with applicable policies, procedures, and to determine that the disposition was proportionate to the conduct charged.

(4) Upon review, the RIB chair or designee may approve the disposition, modify it, or return it to the hearing officer with instructions to refer the matter to the RIB for formal disposition.

(H) Referral to RIB. The hearing officer may refer a conduct report to the RIB for formal disposition. In such cases, the hearing officer shall ask the inmate to admit or deny the violation and ask for the inmate's statement regarding the violation. The hearing officer shall then determine whether to recommend staff assistance for the inmate. The hearing officer shall advise the inmate of his or her rights under this rule and the possible consequences of such hearing before the RIB, and the hearing officer and other staff will adhere to the following procedures:

(1) Staff assistance: Each institution will maintain a list of staff members who are eligible to provide staff assistance to inmates. The hearing officer should recommend staff assistance from that list when:

(a) The inmate appears to be functionally illiterate, not fluent in English, or is otherwise unable to respond to the allegations before the RIB due to the inmate's limited mental or physical capacity, or;

(b) The complexity of the issues makes it likely that the inmate will be unable to collect and present the facts necessary to adequately respond to the allegations before the RIB.

(2) The hearing officer will inform the inmate of the following procedural rights, which the inmate may waive in writing:

(a) Time of hearing. The inmate has the right to a period of time of no less than twenty-four hours after the service of the conduct report before his or her appearance at the RIB.

(b) Presence of charging official. The inmate has the right to have the person who wrote the conduct report present at the RIB hearing.

(c) Witnesses. The inmate may request a reasonable number of witnesses. The inmate's request for a witness shall be in writing on an appropriate witness request form. The request will include the name of the inmate witness requested, and will state the nature of the information expected to be provided by the witness. The chairperson of the RIB will approve or deny any request for inmate witnesses in writing, explaining the basis for the decision on the designated form.

(3) The hearing officer will inform the inmate that the rule violation might result in the loss of earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (R) of rule 5120-2-06 of the Administrative Code and obtain a written acknowledgment from the inmate that he or she has been so informed.

Last updated July 1, 2024 at 4:28 PM

History

Effective: July 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-08 Disciplinary procedures for violations of inmate rules of conduct before the rules infraction board.

(A) Scope: This rule governs the procedures employed before the rules infraction board for determining violations of the inmate rules of conduct, as described in rule 5120-9-06 of the Administrative Code, appealing those determinations, and the documenting of those actions. Nothing in this rule precludes department staff from referring such inmate conduct to law enforcement for prosecution as a criminal offense, or the state from prosecuting such conduct as a criminal offense.

(B) RIB panel. The rules infraction board (RIB,) shall consist of two staff members, designated by the managing officer, sitting as a panel. Persons sitting on an RIB panel must have first completed RIB training issued by the department's division of legal services. The RIB panel has the authority to determine guilt and impose penalties for violations of the inmate rules of conduct. Each panel shall consist of a chairperson, who manages the hearing, and a secretary, who prepares a record of the proceedings. No staff member is permitted to sit as an RIB panel member who wrote the report, witnessed the alleged rule violation, or participated in the investigation of the alleged rule violation. A staff member assigned to an RIB panel shall disqualify himself or herself from the panel if such a personal interest exists.

(C) Time of hearing, preliminary matters. The hearing of the rule infraction shall be held within seven calendar days of the referral to the RIB by the hearing officer, unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Delays beyond seven calendar days should be documented in the record along with the reason for the delay. Unless waived, the inmate shall be afforded twenty-four hours' notice prior to the hearing. The RIB chairperson shall determine if the twenty-four hour notice period has elapsed. If the required time has not passed, and the inmate has not waived the time period, the chairperson must postpone the hearing. Prior to the hearing, the RIB chairperson shall:

(1) If the inmate is in restrictive housing, determine whether the hearing officer has provided the relevant information from the inmate's restrictive housing placement mental health assessments,

(2) Determine whether the person who issued the conduct report has indicated a desire to appear at the hearing,

(3) Make preliminary rulings on any witness requests, and arrange for the presence of witnesses,

(4) Ensure staff assistance as appropriate,

(5) Ensure all necessary forms are available and that electronic recording equipment is in working order.

(D) Hearing to be recorded: With the exception of deliberations concerning guilt or the imposition of penalties, the proceedings shall be recorded using suitable electronic means. The recording of the proceedings shall commence upon the inmate's appearance before the RIB panel. In addition to the electronic record, the record of the proceedings shall also include any document, video, confidential information or other evidence presented to the RIB, as well as any written requests, waivers and statement summaries.

(E) Commencing the hearing. The RIB chairperson shall first identify the panel members and then ask the inmate to identify himself or herself on the record.

(1) The RIB chairperson shall advise the inmate of the rule violation(s) and the nature of the behavior described in the conduct report.

(2) Plea. The RIB chairperson shall then ask the inmate to admit or deny the rule violation(s.)

(a) If the inmate admits the rule violation, the chairperson shall question the inmate regarding the voluntariness of the plea, the factual basis for the plea, and the inmate's understanding of the plea.

(b) The chairperson shall accept the plea of admission unless the chairperson finds that the facts do not support the plea, or that the inmate's version of the facts do not support the plea, or that the inmate does not understand the nature of the plea, the violation, or the proceedings. In this event the chairperson shall enter a plea of denial on behalf of the inmate.

(c) If the chairperson accepts the inmate's plea of admission, the RIB panel may then make a determination of guilt and proceed with disposition of the violation.

(d) If a violation is denied, the RIB panel shall provide the inmate an opportunity to make a statement regarding the alleged violation.

(3) The RIB chairperson shall review the inmate's request for witnesses and advise the inmate of any preliminary determinations made regarding the requested witnesses. The RIB chairperson may deny a witness request based on relevancy, redundancy, unavailability, or security reasons. The RIB chairperson may modify a preliminary ruling after discussion with the inmate. The RIB chairperson may deny a request for a witness if a witness request form has not been completed.

(4) The RIB chairperson shall postpone the hearing if the chairperson believes that the inmate is demonstrating behavior indicative of serious mental illness and shall refer the inmate to the institutional mental health staff for a mental health assessment. The RIB hearing shall only be rescheduled in accordance with the recommendation of mental health staff.

(F) RIB hearing, witnesses. If a violation is denied, the RIB panel may hear testimony from witnesses in addition to any statement the charged inmate may make.

(1) Witnesses (inmates and staff members) shall be advised that they are subject to appropriate discipline for presentation of false testimony.

(2) The inmate charged with the rule violation may not address or examine a witness, but may ask the RIB chairperson to pose questions to the witness.

(3) The inmate, or representative number of inmates who made the accusation should, if security considerations permit, appear before the RIB and be examined for the record.

(4) The charged inmate may, in the discretion of the RIB, be excluded from the examination when confrontation between the inmates may create a risk of disturbance or risk of harm to the witness.

(5) The charging official shall appear if requested by the inmate, if the RIB has questions for the official, or if the charging official requests to appear and speak at the hearing.

(6) The RIB panel may ask questions of the witnesses or call additional witnesses as necessary. Witnesses may appear in person, by telephone, or other electronic means. The RIB panel may take testimony or receive evidence in any form or manner it deems appropriate.

(G) Confidential information. If the RIB panel uses information from a confidential source in its determination, the panel shall evaluate the credibility of the confidential source prior to reaching a decision on the rule violation. The RIB shall also determine whether the statement is confidential in its entirety or if any of the information can be disclosed to the inmate charged with the violation without disclosing the identity or jeopardizing the safety of the confidential source. The inmate charged with the offense shall not be present when the RIB considers and evaluates the confidential information. The panel shall record its evaluation on the appropriate form.

(H) The RIB members shall evaluate the credibility of witnesses and the probative value of other evidence presented to the RIB, including any available video evidence. The RIB may consider the credibility of a witness, whether confidential or otherwise, on the basis of common sense and a realistic assessment of the circumstances. In making these assessments the RIB may consider variety of factors including, but not limited to:

(1) The appearance and demeanor of the witness,

(2) The witness's disciplinary or criminal history,

(3) Whether it is against the witness's own interests to make the statement,

(4) Whether or not the witness has any ulterior motive in making the statement,

(5) Whether other evidence corroborates the statement,

(6) Whether the witness could have observed what is claimed,

(7) Whether the witness has previously provided reliable evidence,

(8) Whether the witness has a record or reputation for lying or honesty,

(9) Whether the witness's statements are consistent,

(10) The amount of detail provided,

(11) The willingness of the witness to appear and answer the questions of the rules infraction board,

(12) The professional experience and judgment of the staff member evaluating the witness.

(I) Amendment to conform to the evidence: The RIB panel may at any time prior to or during an RIB hearing, change the designation of the rule or rules alleged to have been violated based on the conduct report, or testimony or evidence presented at the RIB hearing. The inmate shall be given timely notice of such a change. Such a change will be made part of the record of the hearing and noted in the RIB panel's disposition. If the change is made during the RIB hearing, the inmate may request a reasonable continuance. If the continuance is granted, the RIB hearing may recommence from the point of the continuance.

(J) After taking testimony and receiving evidence, the RIB panel shall vote and determine whether, based on the evidence presented, they believe that a rule violation occurred, that the inmate committed that violation, and if so, what disposition to impose. The RIB panel may consider all information presented in reaching its determination including any relevant mental health information from the inmate's restrictive housing placement assessments and/or the inmate's mental health caseload status.

(1) No inmate may be found to have violated a rule based solely on his or her past conduct.

(2) Past conduct may be considered when determining issues such as credibility and intent; or in considering suitable penalties.

(K) Both panel members must concur in a finding of guilt in order to find an inmate guilty of a rule violation and to impose a disposition. In the event there are conflicting guilty and not guilty votes, the tie shall be broken by a staff member designated by the managing officer, who shall cast the deciding third vote. The managing officer's designee shall vote only after reviewing the oral and written record of the hearing.

The managing officer's designee who casts a deciding vote in an RIB proceeding shall not be the same designee performing the administrative review and appeal review functions described in paragraphs (N) and (O) of this rule.

(L) Determination and disposition. If a finding of guilt is made for a rule violation by the RIB panel, and subject to the administrative review of the managing officer or designee, the RIB panel may impose the following penalties:

(1) Placement of the inmate in restrictive housing as defined in rule 5120-9-10 of the Administrative Code for one offense with credit for time served in any pre-hearing detention. To place an inmate in restrictive housing, the RIB shall provide a justification as to why placement in a limited privilege housing assignment under paragraph (L)(2) is insufficient to manage the safety and security requirements of the inmate.

(2) Placement of the inmate in a limited privilege housing assignment for up to ninety days for one offense as defined in paragraph (B)(4) of rule 5120-9-09 of the Administrative Code.

(3) Recommend that the inmate receive a security review or serious misconduct panel review, and/or transfer to another general population institution.

(4) Order the disposition of contraband in accordance with rule 5120-9-55 of the Administrative Code.

(5) Recommend to the managing officer that the inmate be required to make reasonable restitution, or that his earnings be reduced pursuant to rule 5120-3-08 of the Administrative Code.

(6) Order that the inmate lose earned credit that otherwise could have been awarded or may have been previously earned as authorized by section 2967.193 of the Revised Code and paragraph (R) of rule 5120-2-06 of the Administrative Code.

(7) Order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer for the safety and security of the institution, or the well-being of the inmate. Such restrictions shall continue only as long as it is reasonably necessary.

(8) Order such actions as deemed appropriate, including assignment of extra work, and any dispositions available to the hearing officer.

(9) The RIB may conditionally suspend the imposition of any penalty cited in this rule, on the condition that the inmate have no further rule violations for a period of six months from the date of the RIB disposition. If the inmate has no further violations during the six-month period, the penalty shall be treated as a reprimand. If the inmate violates the condition and is found guilty of a rule violation, the suspended penalty shall be imposed in addition to any penalty for the new violation.

(M) Documentation of disposition: Upon completing its deliberations, the RIB shall orally inform the inmate of its decision and disposition, as part of the electronic record. The RIB secretary shall complete a disposition form, which contains the determination made by the panel regarding each rule violation, the factual basis of the determination, names of witnesses, and any disposition imposed.

(1) The form shall also include whether the panel relied on confidential information in reaching its determination and the panel's evaluation of the informant's credibility. The form shall not contain the name of any confidential informant or the nature of the confidential information.

(2) The form shall also include notice that the inmate may appeal the RIB panel's decision to the managing officer and the procedure for such an appeal.

(3) The form shall notify the inmate that, if they are serving a sentence pursuant to section 2967.271 of the Revised Code, a finding of guilt may be used by the department to rebut the presumption that the inmate will be released from service of their sentence on the expiration of the minimum prison term or presumptive earned early release date.

(4) The completed disposition form shall be furnished to the inmate no later than three business days after the RIB panel reaches its decision.

(5) The imposition of any penalty imposed by the RIB panel shall not be stayed pending an appeal.

(6) The person issuing the conduct report shall be permitted to review the completed RIB disposition but shall not be involved in the deliberations of the RIB.

(7) For informational purposes a summary or log of the RIB dispositions and activity for the week shall be available for review by staff members and maintained in a location convenient for that purpose.

(N) Administrative review. The managing officer or designee shall review RIB panel decisions to assure compliance with the procedures, rights and obligations set forth in this rule. The managing officer or designee may approve, modify or reject a panel's determination of guilt. The managing officer or designee may not reject a determination of not guilty, but may refer such a case back to the RIB panel for reconsideration if relevant information was overlooked or new information becomes available. The managing officer or designee may approve the penalty, or modify the penalty imposed from among the penalties available to the RIB panel. The managing officer or designee may also refer a case back to the RIB panel for reconsideration when procedural errors have occurred within the case. The managing officer or designee shall provide the inmate with written notification of the review findings.

(O) Appeal of RIB decision to the managing officer. An inmate may appeal the decision of the RIB panel by submitting the form designated for that purpose to the managing officer or designee within seven calendar days from the inmate's receipt of the RIB panel's disposition. The managing officer or designee shall review the RIB determination within fourteen calendar days to determine whether it was supported by sufficient evidence, whether there was substantial compliance with applicable procedures, and whether the disposition and any sanction imposed was proportionate to the rule violation.

The managing officer or designee may affirm or reverse the RIB panel's determination of guilt; and, may approve, or modify the penalty imposed from among the penalties available to the RIB panel. The managing officer or designee may also return the matter to the RIB panel for reconsideration or rehearing to address procedural errors that may have occurred within the case or to consider additional evidence.

(P) Appeal of RIB decision to chief legal counsel. An inmate may appeal the decision of the managing officer or designee by submitting the form designated for that purpose to the chief legal counsel within fourteen calendar days from the inmate's receipt of the managing officer or designee's appeal decision. Chief legal counsel or designee will review the RIB determination within fourteen calendar days of receipt of the appeal to determine whether it was supported by sufficient evidence, whether there was substantial compliance with applicable procedures, and whether the disposition and any sanction imposed were proportionate to the rule violation.

The chief legal counsel or designee may affirm or reverse the RIB panel's determination of guilt; and, may approve, or modify the penalty imposed from among the penalties available to the RIB panel. The chief legal counsel or designee may also return the matter to the RIB panel for reconsideration or rehearing to address procedural errors that may have occurred within the case or to consider additional evidence.

(Q) Discretionary review: The director or the director's designee may review any RIB decision that, in the view of the director or designee, presents issues that may have significant impact on the operation of the department. This paragraph does not provide an additional appeal for the inmate above the appeal to the chief legal counsel.

Last updated April 15, 2024 at 8:29 AM

History

Effective: April 15, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-09 Limited privilege housing assignments.

(A) An inmate may be placed in and/or transferred to a limited privilege housing assignment:

(1) When needed to facilitate an investigation for the issuance of a conduct report, other administrative action or criminal prosecution.

(2) Pending a hearing before the RIB;

(3) Pending transfer to another institution;

(4) When the inmate has been found guilty through the processes set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code for any violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code; or,

(5) When the inmate has increased in security to a new general population housing assignment, and the managing officer or designee has determined a need for an initial assessment and orientation period.

(B) An inmate may be placed in a limited privilege housing assignment for the following periods:

(1) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(1) of this rule, the inmate may be placed until such time that the investigation has been completed subject to the required extensions set forth in rule 5120-9-11 of the Administrative Code;

(2) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(2) of this rule, the inmate may be placed for a time period no longer than seven business days unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Extensions beyond seven business days shall be documented in the record of the RIB along with the reason for the delay.. In the event the inmate is found guilty by the RIB of misconduct, any additional time frames will be set by paragraph (B)(4) of this rule;

(3) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(3) of this rule, the inmate may be placed until such time that the transfer has been completed. The managing officer shall have discretion to house multiple security levels in limited privilege housing assignments when inmates are pending transfer;

(4) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(4) of this rule, time limitations for placement shall be based upon the type and frequency of the hearings.

(a) Hearing officers conducting disciplinary hearings under rule 5120-9-07 of the Administrative Code shall have the authority to place an inmate for the following time frames:

(i) Up to seven calendar days for a first offense committed during an inmate's annual classification review period as set forth in rule 5120-9-53 of the Administrative Code.

(ii) Up to fourteen calendar days for a second offense committed during an inmate's annual classification review period.

(iii) Up to twenty-one calendar days for a third offense committed during an inmate's annual classification review period.

(iv) For any further misconduct during an inmate's annual classification review period that the hearing officer determines a placement in a limited privilege housing assignment is necessary, the hearing officer shall refer the case to the RIB for a disciplinary hearing under rule 5120-9-08 of the Administrative Code. Nothing in this paragraph prevents a hearing officer from addressing minor misconduct with other available disciplinary sanctions listed in rule 5120-9-07 of the Administrative Code.

(b) The RIB conducting disciplinary hearings under rule 5120-9-08 of the Administrative Code shall have the authority to place an inmate for up to ninety calendar days for a single violation or a series of violations arising out of a single event. The RIB may impose up to an additional ninety calendar days for any additional misconduct.

(5) In the case of an inmate placed in a limited privilege housing assignment under paragraph (A)(5) of this rule, the inmate may be initially retained in this status for up to ninety calendar days. After ninety calendar days, the inmate shall be reviewed by the institutional classification committee to determine if he or she should be reassigned or continued for a period from thirty to ninety calendar days. The managing officer or designee may require that the inmate complete programming and remain free of additional misconduct during the placement in a limited privilege housing assignment to become eligible for reassignment.

(C) Nothing in this rule shall be construed to prohibit the managing officer or designee from referring an inmate to the institutional reclassification committee for consideration of a security level increase at any time. Inmates may not reduce in classification while placed in limited privilege housing assignments without approval from the chief of the bureau of classification and reception.

(D) Nothing in this rule shall prohibit the managing officer or designee from releasing an inmate from a limited privilege housing assignment prior to the expiration of the sanction for exhibiting positive behavior.

(E) Inmates placed in a limited privilege housing assignment shall receive, at a minimum, the following privileges:

(1) Personal hygiene articles including, at a minimum, one ADA (American dental association) approved toothbrush, ADA approved toothpaste, ADA approved dental floss, feminine hygiene products for female inmates and soap, unless there is imminent danger that the inmate or any other inmate will destroy an item or induce self-injury. Personally owned deodorant, shampoo, soap, toothpaste, floss, and hairbrush/comb shall be permitted.

(2) Stationery supplies including a reasonable amount of ink pens and pencils, legal pads/paper, twenty-five personally owned envelopes, one legal kit, one address book, a reasonable amount of greeting cards, and one personally owned deck of playing cards.

(3) Mail and kite privileges on the same basis as inmates in general population.

(4) A reasonable amount of personally owned soft cover books, religious books, personally owned law books/materials, one current newspaper and magazine by subscription only.

(5) Access to legal materials and services.

(6) Access to medical and/or mental health services, including prescribed medications and medically necessary appliances and supplies. Inmates shall have access to care and treatment consistent with their treatment plan.

(7) Adequate food. At the discretion of the managing officer or designee, meals may be served in the unit outside of the cell or in the inmate dining hall. Meals shall be the same as those served to the general population.

(8) Access to basic necessities to include toilet, wash basin, hot and cold running water, bunk, mattress, sheets, pillow and blanket (depending on weather conditions).

(9) More than two hours of out of cell time per day, no less than seven days per week, which shall include the opportunity for a minimum of one hour of exercise per day outside of the cell at indoor and/or outside recreation as facility design, security, and safety considerations permit.

(10) The opportunity to shower and shave no less than seven times per week.

(11) Access to current administrative rules, also known as "ARs," 5120-9 series and access to authorized departmental policies.

(F) Restrictions on personal privileges may be ordered through the disciplinary processes set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer or designee for the safety or security of the institution or the well-being of the inmate. Such restrictions shall continue only as long as is reasonably necessary. In no event shall access to kite, medical, mental health, or legal services be denied.

Last updated March 24, 2023 at 10:43 AM

History

Effective: February 11, 2017
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-10 Restrictive housing assignments.

(A) As used in this rule and rules 5120-9-08 and 5120-9-11 of the Administrative Code:

"Restrictive housing" means a housing placement that requires an inmate to be confined to a cell at least twenty-two hours per day.

(B) An inmate may be placed in and/or transferred to a restrictive housing assignment:

(1) When needed to facilitate an investigation prior to the issuance of a conduct report, other administrative action or criminal prosecution;

(2) Pending a hearing before the RIB;

(3) Pending transfer to another institution; or,

(4) When the inmate has been found guilty through the processes set forth in rule 5120-9-08 of the Administrative Code for any violation of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code.

(C) To place an inmate in a restrictive housing placement under paragraph (B) of this rule, justification shall be provided as to why a limited privilege housing assignment under rule 5120-9-09 of the Administrative Code is insufficient to manage the safety and security requirements of the inmate.

(D) An inmate may be placed in a restrictive housing assignment for the following time periods:

(1) In the case of an inmate placed in a restrictive housing assignment under paragraph (B)(1) of this rule, the inmate may be placed until such time that the investigation has been completed subject to the required extensions set forth in rule 5120-9-11 of the Administrative Code;

(2) In the case of an inmate placed in a restrictive housing assignment under paragraph (B)(2) of this rule, the inmate may be placed for a time period no longer than seven calendar days for an RIB hearing unless prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Extensions beyond seven calendar days shall be documented in the record of the RIB along with the reason for the delay. No extension shall exceed twenty-nine calendar days. In the event the inmate is found guilty by the RIB of misconduct, any additional time frames will be set by paragraph (B)(4) of this rule.

(3) In the case of an inmate placed in a restrictive housing assignment under paragraph (B)(3) of this rule, the inmate may be placed until such time that the transfer has been completed;

(E) Nothing in paragraph (B) of this rule shall be construed to prohibit the managing officer or designee from referring an inmate to the institutional reclassification committee or serious misconduct panel at any time.

(F) The managing officer or designee shall retain the discretion to release an inmate from a restrictive housing assignment or to modify the placement to a limited privilege housing assignment at any time for positive behavior or if the security needs of the inmate change.

(G) An inmate shall not be placed in a restrictive housing assignment on the basis of gender identity alone.

(H) Inmates placed in restrictive housing placements shall receive the following cell privileges:

(1) Access to legal material and services;

(2) Access to reading materials;

(3) Mail and kite privileges;

(4) Opportunity for recreation exercise, outside of the cell, no less than one hour per day, five days per week;

(5) Opportunity to shower and shave no less than five times per week;

(6) Personal hygiene articles, including, at minimum, a toothbrush, toothpaste, deodorant, feminine hygiene products for female inmates and soap;

(7) Access to hair care services;

(8) Cell furnishings to include a toilet, wash basin, running water, bunk, mattress, pillow, and sheets and blankets adequate for current weather conditions;

(9) Adequate state-issued clothing and apparel;

(10) Personal shower shoes;

(11) Adequate light for reading;

(12) Access to medical services and/or mental health services as needed;

(13) Adequate food;

(14) Access to administrative rules in Chapter 5120-9 of the Administrative Code;

(15) Access to approved department policies;

(16) Visits by authorized department staff;

(17) Access to telephone privileges at a minimum to access the judicial process and family emergencies as determined by the managing officer or designee unless security or safety considerations dictate otherwise;

(18) Access to cleaning articles for cell sanitation, as approved by the managing officer or designee;

(19) Access to educational services, commissary services, library services, social services, behavioral health and treatment services, religious guidance and recreational programs.

(I) Abuse of cell privileges may be dealt with summarily by the staff member on duty in restrictive housing (except that in no event shall access to kite, medical, mental health, or legal services be denied). This action shall then be reported by such staff member to his superior for review and approval. This action shall also be reported in writing to the responsible chief of security. The responsible chief security officer shall forward to the managing officer a weekly list of those inmates in restrictive housing who have had cell privileges denied, the length of time denied, and the reasons therefore.

(J) The hearing officer or RIB may order restrictions on personal privileges following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the managing officer for the safety or security of the institution, or the well-being of the inmate. In no event shall access to kite, medical, mental health, or legal services be denied. Such restrictions shall continue only as long as is reasonably necessary.

(K) Any denial of cell privileges shall be reported in writing to the responsible chief of security, who shall be responsible for submitting a weekly report to the managing officer of those inmates who have been denied cell privileges, the specific privileges denied, length of time the privilege was denied, and reasons therefore.

Last updated March 24, 2023 at 10:43 AM

History

Effective: January 9, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-11 Placement in a limited privilege or restrictive housing assignment pending investigation.

(A) Subject to the time frames set forth in this rule, an inmate may be placed in a limited privilege housing assignment or a restrictive housing assignment to facilitate an investigation for the issuance of a conduct report, other administrative action or criminal prosecution.

(B) Placements shall not be in a restrictive housing assignment unless the inmate poses a threat or danger to himself or others, to institutional property or to the security of the institution, and a limited privilege housing assignment is not sufficient to control the risks presented.

(C) An initial placement into a restrictive housing assignment must be approved, denied or modified in writing within twenty-four hours by an appropriate and higher authority not included in the initial placement designated by the responsible managing officer, who may extend the time of placement as set forth in paragraph (D)(1) of this rule.

(D) An inmate may be held in a limited privilege or restrictive housing assignment pursuant to an investigation for the following periods:

(1) The initial placement into a limited privilege housing assignment under paragraph (A) of this rule may continue for seven calendar days from the date of placement without need for additional approval. The initial approval of placement in a restrictive housing assignment in paragraph (C) of this rule may be continued for seven calendar days from the date of approval by the appropriate and higher authority appointed by the responsible managing officer.

(2) If the investigation has not concluded at the end of the initial seven calendar day period, the managing officer may authorize that the inmate be held in the same housing status for an additional seven days. This authorization shall be in writing with a copy sent to the appropriate regional director.

(3) If the investigation is not completed within this fourteen calendar day period, the managing officer may request that the regional director approve retaining the inmate in the same housing status for an additional seven calendar days.

(4) After twenty-one calendar days, upon the managing officer's request, the director or director's designee may authorize holding an inmate in the same housing status for investigative purposes until the completion of the investigation when,

(a) The matter under investigation involves the commission or possible commission of a felony,

(b) The investigation cannot be completed within twenty-one calendar days, and,

(c) Releasing the inmate to general population would jeopardize the safety of the inmate or any other individual, the successful completion of the investigation, or the security of the institution.

The decision of the director or the director's designee shall be in writing and shall state the anticipated duration of the extension and the reason therefore. The extension may be renewed so long as the conditions described in this rule continue to exist.

(E) For placements in restrictive housing that are extended beyond twenty-one days, the director or director's designee shall consult with managing officer to determine whether the inmate could be managed in a limited privilege housing assignment pending the completion of the investigation. If the placement in a restrictive housing assignment is continued, the director or the director's designee shall document the reasons for the continuation.

(F) For placements in restrictive housing that are extended beyond twenty-one days, the director or director's designee shall consult with the managing officer to ensure that the inmate is not seriously mentally ill. In the event the inmate is seriously mentally ill, the managing officer shall make other arrangements to manage an inmate in limited privilege housing, an appropriate mental health unit or other appropriate placement that is not a restrictive housing assignment pending the completion of the investigation.

(G) In the event an inmate is charged with misconduct and given a disciplinary sanction under rule 5120-9-07 or 5120-9-08 of the Administrative Code, the inmate shall be given credit for time served in an investigation status under this rule.

Last updated March 24, 2023 at 10:43 AM

History

Effective: January 9, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-11.1 Lockdown.

(A) The managing officer of a correctional institution may designate all or a portion of an institution to be placed in lockdown status. Such status expires after twenty-four hours unless approved and extended by the director or designee.

(B) Lockdown status may be created whenever normal institutional operations are interrupted by exigent circumstances.

(C) The level of services provided to inmates in lockdown status is established by the director or designee, in consultation with the managing officer, according to the nature of the circumstances.

(D) If lockdown status is extended then it continues until the director or designee, in consultation with the managing officer, determines either another status is appropriate or the exigent circumstances are concluded.

Last updated May 31, 2024 at 6:53 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-12 Inmates sentenced to death.

(A) All inmates sentenced to death under Ohio law shall be confined in one or more institutions designated by the director of the department of rehabilitation and correction as set forth in this rule. Such inmates may be assigned to an area of the institution to be designated by the managing officer, which area will be known as "death row."

(B) Absent significant extenuating circumstances, no inmate will be assigned to or housed in death row unless that inmate has been sentenced to death. If any inmate is assigned to or housed in death row that has not been sentenced to death, the respective regional director will be notified and his or her approval is required.

(C) The director or his designee may assign or reassign an inmate who has been sentenced to death to a security classification or special management status other than that which is normally used for such inmates, based on the security or medical and mental health requirements for the inmate. The inmate so assigned will receive the privileges and programming that are appropriate for the other security or management status, notwithstanding paragraph (D) of this rule.

(D) Inmates who are sentenced to death and who have not been reassigned to some other status will receive the following minimum cell privileges:

(1) Personal hygiene articles;

(2) Mail and kite privileges;

(3) Access to legal materials and services, including legal kit;

(4) Access to cleaning articles for cell sanitation as approved by the warden or his designee;

(5) Visits by department staff;

(6) Adequate food;

(7) Access to current rules of the ohio administrative code, also known as "ARs," 5120-9 series;

(8) Cell furnishings to include toilet, wash basin, running water, mattress, sheets, blanket (depending on weather conditions);

(9) Access to medical services as required by their medical condition;

(10) Regular assessment of their mental health condition by the bureau of behaviorial health services and access to such services as required by their mental health condition;

(11) Institution coveralls or clothing, underwear, and footwear;

(12) Adequate lighting for reading;

(13) Five hours of recreation per week;

(14) Opportunity to shower and shave five times per week;

(15) One non-contact visit per visitor, per month; and

(16) Limited commissary purchases.

Abuse of any privileges may lead to their restriction or denial by the manager of the death row unit or major of the institution. When an inmate is deprived of any authorized item or activity, a report of action is filed in the appropriate inmate's file and forwarded to the security chief, the deputy warden of operations and the managing officer.

(E) Any death row inmate leaving or entering death row shall be thoroughly searched and escorted to and from his destination.

Last updated May 31, 2024 at 6:53 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-16 News media visits.

(A) It is the policy of the department of rehabilitation and correction to permit visits by representatives of the news media to correctional institutions, when approved by the managing officer of the particular institution or his designee.

(B) The managing officer or his designee may place reasonable restrictions on the number of reporters allowed in the institution at any one time and on the duration of their visits.

(C) Arrangements for the use of photographic, recording or broadcast equipment or for interviews will be made in advance.

(1) Pictures or recorded interviews of specific inmates may be taken only after securing clearance from the managing officer or his designee and only after the inmate to be photographed has expressed his approval by signing the inmate consent form.

(2) The managing officer or his designee may place reasonable restrictions on the frequency, length, and starting time of personal interviews. The institution will visually monitor such interviews to assure the reporters' safety.

(D) If an institution is placed under a state of emergency, representatives of the news media will be allowed access only to those areas that are designated by the managing officer or his designee. During the existence of a state of emergency, the director or his designee will inform the news media of the situation within the institution as releasable information becomes available.

Last updated May 31, 2024 at 6:54 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-17 Incoming mail.

(A) Mail in the form of first class letters or electronic mail addressed to an inmate shall not be withheld except as provided in this rule. There shall be no limitation on the number of first class letters that an inmate may receive nor the number of persons with whom an inmate may correspond.

(B) Inspection of incoming mail:

(1) All mail, including electronic mail, other than legal mail, shall be opened and may be read or copied in the institution mail office and inspected for the presence of contraband, unauthorized forms of funds, and other threats to the security and safety of the institution. The written portion of the mail shall then be promptly delivered to the inmate, unless withheld in accordance with paragraph (G) of this rule.

(2) "Legal mail" is 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 the correctional institution inspection committee that is marked with a valid control number provided by the department. It may be opened and inspected for contraband only in the presence of the inmate-addressee. "Legal mail" does not include postcards from a court of law that indicates fees and/or fines owed by the inmate-addressee. If mail is received from any of the groups listed in this paragraph without a valid control number, then it may be treated as a regular, non-legal mail, as set forth in paragraph (B)(1) of this rule.

(3) Electronic mail is offered to inmates as an additional means of communication. Electronic mail received is not suitable for confidential legal communications or legal mail. Inmates shall be instructed not to use electronic mail for confidential legal communications. "Legal mail" shall be restricted to the traditional mail format. Electronic mail cannot be accepted while an inmate is in special management housing.

(C) The managing officer or his designee shall determine the disposition of contraband pursuant to rule 5120-9-55 of the Administrative Code. The contraband may be returned to the sender, confiscated as evidence, held for the benefit of the inmate-addressee, or otherwise disposed of in a manner consistent with the law.

(D) All funds mailed to inmates shall be processed in accordance with rule 5120-5-02 of the Administrative Code.

(E) A letter or electronic message that is incorrectly addressed may be returned to the sender after a reasonable effort to ascertain the identity of the addressee has failed.

(F) Telegrams and electronic mail may be reviewed prior to delivery.

(G) Mail, including electronic mail, that presents a threat to the security and safety of the institution, its staff or inmates, may be withheld from the inmate-addressee. No material or correspondence will be considered to present such a threat solely on the basis of its appeal to a particular ethnic, political, racial or religious group. To constitute such a threat, the correspondence must meet at least one of the following criteria:

(1) The correspondence incites, aids, or abets criminal activity or violations of departmental rules, such as, but not limited to, rioting, extortion, illegal drug use or conveyance of contraband.

(2) The correspondence incites, aids, or abets physical violence against others, such as, but not limited to, instructions in making, using, or converting weapons.

(3) The correspondence incites, aids, or abets escapes, such as, but not limited to, instructions on picking locks or digging tunnels.

(4) The correspondence is in code or cipher.

(H) Procedures for withholding correspondence are as follows:

(1) The initial decision to withhold the correspondence will be made by the officer charged with inspecting it, with the concurrence of the mail room supervisor.

(2) The inmate-addressee and the author of the correspondence will be notified, in writing, that the correspondence was withheld. The notification will:

(a) Identify the inmate-addressee by name and number.

(b) Identify the author by name and address.

(d) Include a brief statement of the reason the correspondence is being withheld.

(e) Inform the author of the procedure for appeal, including the time for appeal.

(f) Identify the person to whom the decision to withhold the correspondence is to be appealed.

(3) The notification will be sent to the author and the inmate-addressee within seven calendar days of the decision to withhold, unless the managing officer determines that the notification will interfere with the conduct of a pending investigation.

(4) Decisions to withhold mail, including electronic mail, may be appealed in writing by the author to the managing officer or his designee within fifteen calendar days of the date of the mailing of the notification. The appeal should explain why the correspondence does not present a threat to the security and safety of the institution, its staff or inmates.

(5) The written appeal and the correspondence will be considered by the managing officer or designee who shall determine whether the correspondence will be withheld or delivered to the inmate.

(6) Any correspondence withheld from an inmate-addressee will be retained during the pendency of the appeal or for the time in which an appeal may be filed.

(7) If it is determined on appeal that the correspondence does not present a threat to the safety and security of the institution, its staff or inmates, the correspondence will be immediately delivered to the inmate-addressee.

(8) If it is determined on appeal that the correspondence presents a threat to the safety and security of the institution, its staff or inmates, or, if no appeal is taken, the mail may be returned to the author, held as evidence for criminal prosecution or a disciplinary proceeding, or destroyed.

(I) Mail, including printed electronic mail, in the possession of an inmate may, when approved by the managing officer or his designee, be seized, read, and copied where a reasonable belief exists that it may contain evidence of a violation of federal or state law or departmental rules. If a staff member reasonably believes there is a present risk of destruction of such mail, it may be seized and forwarded to the managing officer or his designee for review.

(J) Advertising mail, commonly known as "junk mail" and advertising in the form of electronic mail, commonly known as "spam," which include, but are not necessarily limited to promotional offers, drawings, sweepstakes, lotteries and other promotional campaigns, which proposes a commercial transaction and which taken as a whole, is not a personal communication uniquely composed for a specific individual, may be withheld from the addressee. Junk mail may be returned to the sender if return postage is guaranteed, or it may be destroyed at the institution if not. No notice or other process need be provided to the addressee or the addresser in such circumstances, any other provision in this or any other rule of the Administrative Code notwithstanding. The only exception to this paragraph shall be for catalogues for mail-order purchases, as approved by the office of prisons, provided that the contents of the catalogue are subject to the screening criteria for printed materials in rule 5120-9-19 of the Administrative Code.

Last updated July 16, 2026 at 7:55 AM

History

Effective: April 8, 2022
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-19 Printed materials.

(A) As used in this rule:,

(1) "Printed materials" means any publication, document or record including, but not limited to, the following: Newspapers, magazines, pamphlets, books, photographs, and drawings. Printed materials may be new or used.

(a) For purposes of this rule, the term "printed materials" does not include either personal letters; or

(b) Advertising mail as described in paragraph (J) of rule 5120-9-17 of the Administrative Code.

(2) "Operations support center publications screening committee (PSC)" means a group consisting of at least four reviewers, with at least one of the reviewers being from each of the following offices:

(a) The office of prisons,

(b) The office of the chief inspector

(d) The Ohio central school system

(B) An inmate may receive a reasonable number of printed materials subject to the following limitations:

(1) All printed materials are subject to security inspection and review.

(2) Printed materials may be received in reasonable quantities; but only, directly from a publisher or distributor. Inmates may receive printed materials from other sources (e.g., family, friends, etc.) only with the prior approval of the managing officer or designee.

(3) An inmate may not receive or possess videotapes, compact discs, computer discs, or material in any other form or medium not otherwise authorized by this rule without prior approval from the managing officer or designee.

(4) Each institution may establish and post regulations setting a maximum quantity of printed material which an inmate may possess.

(5) No printed material shall be excluded solely on the basis of its appeal to a particular race, color, religion, sex, sexual orientation, military status, national origin, disability, age or ancestry audience.

(6) If any part of a publication or other printed material is determined to be excludable under this rule, then the entire publication or other printed material shall be excluded. Each edition or issue of a periodical must be examined. No general ban of periodicals shall be authorized.

(C) Printed material is excludable if it is deemed to be detrimental to, or to pose a threat to the rehabilitation of inmates; the security of the institution; or, the good order or discipline of the institution. Examples of such material include, but are not limited to printed material:

(1) Which facilitates, encourages, incites, promotes, or instructs in, criminal activity such as rioting or illegal drug use.

(2) Which depicts, encourages, incites, or describes activities which may lead to, the use of physical violence against others.

(3) Which depicts, describes the procedures for, or instructs in the making, using, or concealing of weapons.

(4) Which depicts, encourages, or describes methods of, escape, such as instruction in picking locks or digging tunnels.

(5) Which appears to be written in cipher or code, or that instructs in the use of cipher or code.

(6) Which is sexually explicit material that by its nature or content poses a threat to the rehabilitation of inmates, the security, good order, or discipline of the institution, or facilitates, or encourages criminal activity. Sexually explicit material includes material which:

(a) Depicts genitalia in a state of arousal, such as male erection, or exposure of the clitoris; or,

(b) Depicts sexual activity including, but not limited to: fellatio, cunnilingus, masturbation, ejaculation, anal or vaginal sexual intercourse or penetration, or manual stimulation of genitalia; or,

(d) Depicts or graphically describes sexual activity involving sadism, sadomasochism, bondage, or bestiality, or excretory functions; or,

(e) Depicts or graphically describes sexual activity which involves an unwilling participant or in which a participant is the subject of coercion; or,

(f) As used herein, "graphically describe" means to describe a subject in a lurid manner focusing attention of such subject as the primary topic of the printed material.

(D) All printed material is subject to the following screening procedure:

(1) Initially, printed material shall be screened in the institution mail office.

(2) The mail office supervisor shall forward to the managing officer, or the managing officer's designee, any printed material which is reasonably believed to be excludable under the provisions of this rule.

(3) As soon as practicable, the managing officer, or the managing officer's designee, shall review the forwarded printed material and shall decide whether the printed material may be permitted into the institution or should be excluded under the provisions of this rule.

(4) If the managing officer or the managing officer's designee, determines that the material may be permitted into the institution, then the material shall be promptly forwarded to the inmate.

(5) If the managing officer, or the managing officer's designee, determines that the material should be excluded from the institution, this decision shall be promptly forwarded to the inmate in writing.

(6) The written decision shall provide a brief explanation of the reasons for excluding the printed material. The explanation shall be sufficient to inform the inmate of the basis for the decision.

(7) The written decision shall also advise the inmate that he/she can either make an appropriate disposition of the printed material in accordance with paragraph (M) of this rule or request review by the PSC.

(8) The managing officer or designee shall maintain a record of such decisions for at least three years.

(E) The inmate may request that the PSC review the managing officer's decision. The inmate shall make this request in writing and shall state any specific objections he/she has to the managing officer's decision.

(1) The inmate shall forward this request to the managing officer or the managing officer's designee, within fifteen days after receiving the managing officer's decision.

(2) Failure to timely request review of the managing officer's decision shall constitute acceptance of that decision and the printed material shall be disposed of in accordance with paragraph (M) of this rule.

(F) If the inmate timely requests review by the PSC, the managing officer or designee shall forward the printed material, together with the notice and written decision concerning it, and any written objections submitted by the inmate, to the PSC.

(G) The PSC shall consider the institution's reasons for excluding the material, the inmate's objections, and the criteria and standards set forth in this rule in conducting its review of the material. Printed materials can only be excluded if at least three members of the PSC agree that exclusion is appropriate. The PSC shall complete its review within a reasonable time and shall determine whether the material should be excluded or permitted and shall state the basis for that decision.

(H) If the PSC, determines that the printed material should be permitted, then that decision and its basis, shall be forwarded in writing to the managing officer or designee of the challenging institution, and the reviewed printed materials shall be promptly forwarded to the inmate requesting the review, through the managing officer or the managing officer's designee.

(I) If the PSC, determines that the printed material should be excluded, that decision and the reasons therefore, shall be forwarded in writing to the managing officer or designee of the challenging institution along with the reviewed printed material. The managing officer or managing officer's designee shall notify the inmate requesting the review in writing of the decision and the basis.

(J)

(K) The director or the director's designee, the regional directors, the managing officer or the managing officer's designee may initiate a review by the PSC of any printed material for a determination whether the material should be excluded consistent with the provisions and procedures of this rule.

(L) Disqualfication of a publisher or distributor: DRC may prohibit all printed materials from a specific publisher or distributor if the printed materials or associated packaging is repeatedly found to contain contraband or if any single printed materials package is found to contain signficant contraband.

(M) Printed material which is excluded pursuant to this rule may be disposed of in any of the following manners:

(1) Upon the inmate's written request, the property may be destroyed or forwarded to an approved visitor at the inmate's expense.

(2) The property may be returned to the sender.

(3) The property may be held as evidence.

(4) The property may be disposed of in accordance with rule 5120-9-55 of the Administrative Code.

Last updated July 16, 2026 at 7:55 AM

History

Effective: February 7, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-20 Visits by attorneys and inmate access to legal services.

(A) Attorney visits

(1) Attorneys of record may visit inmates during regular visiting hours. Where there is no evidence of an attorney of record or when an attorney other than the attorney of record requests visiting privileges, the attorney must provide a copy of a written statement, redacting any confidential or privileged information, from the inmate or a member of the inmate's family requesting his legal services. An attorney wishing to visit may be required to furnish proof that he is licensed to practice law.

(2) When an attorney requests to visit with his clients on weekends or after regular visiting hours, at least one-day, advanced notice to the managing officer shall be made by such attorney. In the event an attorney is present at an institution and desires additional time (beyond regular visiting hours) to visit with his client(s), the attorney shall request such additional time from the managing officer. Such request shall be made within a reasonable time prior to the expiration of regular visiting hours. Such requests shall be liberally granted when the attorney can show sufficient reason why such visits are necessary.

(3) Law students, legal interns or legal investigators must be under the direct supervision of an attorney who shall be responsible for the activities of such person. Before admission to the institution is granted, that person must produce a written statement containing all of the following information:

(a) Name of the student, intern or investigator.

(b) Name of the law school or program, if applicable.

(d) Name of the inmate-client to be interviewed.

(4) Visits by attorneys, law students, legal interns, and legal investigators may be partially curtailed or totally banned during the existence of a critical incident as determined by the managing officer. However, the managing officer may, if security permits, authorize visits by attorneys during a critical incident in the following situations:

(a) A personal interview of the inmate is absolutely necessary because of a rapidly approaching court date for which a continuance cannot be obtained.

(b) Legal aid is necessitated by the conditions which caused the critical incident.

(5) Visits by attorneys will take place in a room designated for that purpose, subject to being visually monitored, but conversations shall not be monitored.

(6) An attorney of record may be permitted to visit up to three inmate-clients at one time, unless it is the opinion of the managing officer that such visit would be inappropriate due to an existing situation at the institution. In such event, the attorney shall be so notified and other arrangements made.

(7) Where an attorney requests to visit with a large number of inmates (e.g., cell-block or dormitory) who he does not explicitly represent, and who he does not name individually, the attorney shall be requested to submit in writing the names of those persons he wishes to meet. If the attorney is unable to produce the names of such inmates, he shall be given a reasonable amount of time to gather such information. Subsequent to the receipt of such names, a staff member shall contact each inmate so named and inform him of the presence of the attorney and of the attorney's request to visit with him. The inmate shall be asked if he desires to meet with the attorney. If the inmate declines, the inmate shall be asked to sign a statement to that effect and it shall be witnessed by a staff member. Under no circumstances shall an inmate be harassed, intimidated or in any manner influenced with regard to such a request. Any document so executed shall be immediately forwarded to the managing officer who shall forthwith have it placed in the inmate's file. The attorney shall also be shown this document upon request.

(B) Inmate access to legal services

(1) It is the policy of the department of rehabilitation and correction to permit inmates reasonable access to legal materials and a reasonable opportunity to prepare legal documents.

(2) Inmates in restrictive housing, limited privilege housing or protective control shall be afforded the same access to legal materials as those in general population, except that they may not go to the law library. In the event an inmate is not permitted access to the law library premises, legal materials shall be provided to the inmate on a reasonable basis. Such inmates may have such assistance from other inmates as is authorized by the managing officer.

(3) Each institution shall establish a schedule of library hours when legal materials can be used. Where possible, evening and weekend hours shall be provided.

(4) An inmate shall be permitted to purchase law books unless there is a compelling reason why he should not be able to do so.

(5) Inmates shall be permitted to assist each other in the preparation of legal documents. However, it shall be a violation of institutional rules for an inmate to charge a fee of any kind for such services.

(6) Inmates shall be permitted reasonable access to typewriters or may be assigned an inmate-clerk for the typing preparation of legal documents.

(7) Inmates shall be permitted to contact attorneys to secure legal representation. The payment of attorney fees is a matter between attorney and client. Inmates who want to make confidential attorney-client telephone calls should make such requests to the managing officer or designee.

(8) Each institution shall make available to its inmates a legal kit which shall be sold through the commissary.

Last updated March 24, 2023 at 10:44 AM

History

Effective: January 9, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-21 Interinstitutional transfer of inmates.

(A) Inmates may be transferred from one prison to another for purposes of providing additional programming and or services, to facilitate visitation or any other legitimate penological reason, including the secure and orderly operation of the prisons.

(B) A transfer may be initiated by the institution, the administration or by the inmate by request. An inmate requesting a transfer shall submit the request to the unit staff on a form designated for that purpose. The staff member may interview the inmate to obtain more information regarding the reasons for the request and review available information to determine if the inmate's request is reasonable. The staff member may deny the request or refer the request to the classification committee. If the inmate's request is denied by the staff member, the inmate shall be provided with a written explanation for the decision. In all cases documentation shall be maintained of the inmate's request and the response. A request or recommendation for transfer by the rules infraction board or any authorized member of the institutional staff shall be referred to the classification committee.

(C) When a transfer request is referred to the classification committee, the committee shall conduct a review and otherwise follow the procedures set forth in rule 5120-9-53 of the Administrative Code. In addition, the inmate may appeal the warden's recommendation to the bureau of classification. Implementation of any decision shall not be stayed pending appeal.

(D) If the warden approves a transfer recommendation the warden shall have the written summary of the classification committee's review, including any written statements or appeals submitted by the inmate forwarded to the bureau of classification. The bureau of classification shall review all relevant documentation, including any additional documentation requested, and make the final decision as to whether a transfer is appropriate and if so, to what institution the inmate should be transferred. The inmate and warden shall be so notified. The inmate to be transferred shall be given at least twenty-four hours notice prior to the transfer, however no inmate shall be advised of the exact date or time the transfer is scheduled.

(E) The administrative procedures set forth in this rule and rule 5120-9-53 of the Administrative Code shall not be applicable to the following circumstances. In such cases, individual notice is not required. The director or designee shall provide such notice as is deemed reasonable under the circumstances.

(1) Transfers necessitated by medical or mental health requirements.

(2) Situations where an institution is closed in part or whole, or its function is materially altered, resulting in the need to transfer inmates.

(3) Where an emergency situation exists at an institution as determined by the warden and the director or designee, and it becomes necessary for inmate to be immediately transferred from the institution to another institution.

(4) Transfers of particular groups, classes or other populations of inmates when required by the interests of the department as determined by the director or designee.

(5) When an inmate, individually or in concert with others, has engaged in violent, assaultive, or predatory behavior such that his/her immediate removal from the institution is deemed by the warden and the regional director to be an appropriate step to preserve the orderly operation of the institution and/or the safety of its staff and inmates.

(F) As it relates to paragraph (A) of this rule, in situations where the warden, upon the recommendation of a licensed physician, psychiatrist, or psychologist, determines that an inmate is in need of closer psychological or medical care of supervision than can be offered in the general population of the parent institution, the warden or designee shall contact the intended receiving institution to determine the availability and appropriateness of treatment prior to submitting the transfer request. The warden or designee may then request the chief of the bureau of classification to place such inmate in an appropriate alternative housing assignment in an appropriate institution.

Last updated February 11, 2025 at 9:11 AM

History

Effective: June 1, 2012
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-21.1 Transfer of prisoner to inpatient mental health facility.

(A) As used in this rule:

(1) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

(2) "Mentally ill person subject to hospitalization" means a mentally ill person to whom any of the following applies because of the person's mental illness:

(a) The person represents a substantial risk of physical harm to the person as manifested by the evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm.

(b) The person represents a substantial risk of physical harm to others as manifested by evidence of recent homicidal or other violent behavior, evidence of recent threats that place another in reasonable fear of violent behavior and serious physical harm, or other evidence of present dangerousness.

(c) The person represents a substantial and immediate risk of serious physical impairment or injury to the person as manifested by evidence that the person is unable to provide for and is not providing for the person's basic physical needs because of the person's mental illness and that appropriate provision for those needs cannot be made immediately available in the correctional institution in which the inmate is currently housed.

(d) The person would benefit from treatment in a hospital for the person's mental illness and is in need of treatment in a hospital as manifested by evidence of behavior that creates a grave and imminent risk to substantial rights of others or the person.

(3) "Psychiatric hospital" means all or part of a facility that is operated and managed by the department of mental health and addiction services to provide psychiatric hospitalization services in accordance with the requirements of this rule pursuant to an agreement between the directors of rehabilitation and correction and mental health and addiction services or, is licensed by the department of mental health and addiction services pursuant to section 5119.33 of the Revised Code as a psychiatric hospital and is accredited by a health care accrediting organization approved by the department of mental health and addiction services and the psychiatric hospital is any of the following:

(a) Operated and managed by the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(b) Operated and managed by a contractor for the department of rehabilitation and correction within a facility that is operated by the department of rehabilitation and correction;

(c) Operated and managed in the community by an entity that has contracted with the department of rehabilitation and correction to provide psychiatric hospitalization services in accordance with the requirements of this rule.

(4) "Inmate patient" means an inmate who is admitted to a psychiatric hospital.

(5) "Admitted" to a psychiatric hospital means being accepted for and staying at least one night at the psychiatric hospital.

(6) "Treatment plan" means a written statement of reasonable objectives and goals for an inmate patient that is based on the needs of the inmate patient and that is established by the treatment team, with the active participation of the inmate patient and with documentation of that participation. "Treatment plan" includes all of the following:

(a) The specific criteria to be used in evaluating progress toward achieving the objectives and goals;

(b) The services to be provided to the inmate patient during the inmate patient's hospitalization;

(c) The services to be provided to the inmate patient after discharge from the hospital, including, but not limited to, housing and mental health services provided at the state correctional institution to which the inmate patient returns after discharge or community mental health services.

(7) "Person with an intellectual disability subject to institutionalization by court order" has the same meaning as in section 5123.01 of the Revised Code.

(8) "Emergency transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate presents an immediate danger to self or others and requires hospital level care.

(9) "Uncontested transfer" means the transfer of a mentally ill inmate to a psychiatric hospital when the inmate has the mental capacity to, and has waived, the hearing required by paragraph (B) of this rule.

(10) "Independent decision maker" means a person who is employed or retained by the department of rehabilitation and correction and is appointed by the chief or chief clinical officer of mental health services as a hospitalization hearing officer to conduct due process hearings.

An independent decision maker who presides over any hearing or issues any order pursuant to this rule shall be a psychiatrist, psychologist, or attorney, shall not be specifically associated with the institution in which the inmate who is the subject of the hearing or order resides at the time of the hearing or order, and previously shall not have had any treatment relationship with nor have represented in any legal proceeding the inmate who is the subject of the order.

(B) Hearing procedure:

(1) Except as provided in paragraph (C) or (D) of this rule, if the managing officer of a state correctional institution, or the managing officer's designee, believes that an inmate should be transferred from the institution to a psychiatric hospital, the department shall hold a hearing to determine whether the inmate is a mentally ill person subject to hospitalization. The department shall conduct the hearing at the state correctional institution in which the inmate is confined, and the department shall provide qualified and independent assistance to the inmate for the hearing. An independent decision-maker provided by the department shall preside at the hearing and determine whether the inmate is a mentally ill person subject to hospitalization.

(2) Except as provided in paragraph (C) or (D) of this rule, prior to the hearing held pursuant to paragraph (B) of this rule, the managing officer or managing officer's designee shall give written notice to the inmate that the department is considering transferring the inmate to a psychiatric hospital, that it will hold a hearing on the proposed transfer at which the inmate may be present, that at the hearing the inmate has the rights described in paragraph (B)(3) of this rule, and that the department will provide qualified and independent assistance to the inmate with respect to the hearing. The department shall not hold the hearing until the inmate has received written notice of the proposed transfer and has had sufficient time to consult with the person appointed by the department to provide assistance to the inmate and to prepare for a presentation at the hearing.

(3) At the hearing held pursuant to paragraph (B) of this rule, the department shall disclose to the inmate the evidence that it relies upon for the transfer and shall give the inmate an opportunity to be heard. Unless the independent decision-maker finds a good cause for not permitting it, the inmate may present documentary evidence and the testimony of witnesses at the hearing and may confront and cross-examine witnesses called by the department.

(4) If the independent decision-maker does not find clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the department shall not transfer the inmate to a psychiatric hospital but shall continue to confine the inmate in the same state correctional institution or in another state correctional institution that the department considers appropriate. If the independent decision-maker finds clear and convincing evidence that the inmate is a mentally ill person subject to hospitalization, the decision-maker shall order that the inmate be transported to a psychiatric hospital for observation and treatment for a period of not longer than thirty days. After the hearing, the independent decision-maker shall submit to the department a written decision that states one of the findings described in paragraph (A)(2) of this rule, the evidence that the decision-maker relied on in reaching that conclusion, and, if the decision is that the inmate should be transferred, the reasons for the transfer.

(C) The department may transfer an inmate to a psychiatric hospital under an emergency transfer order if the chief clinical officer of mental health services of the department or that officer's designee and either a psychiatrist employed or retained by the department or, in the absence of a psychiatrist, a psychologist employed or retained by the department determines that the inmate is mentally ill, presents an immediate danger to self or others, and requires hospital-level care.

(1) After an emergency transfer under paragraph (C) of this rule, the department shall hold a hearing for continued hospitalization within five working days after admission of the transferred inmate to the psychiatric hospital. The department shall hold subsequent hearings pursuant to paragraph (F) of this rule at the same intervals as required for inmate patients who are transported to a psychiatric hospital under paragraph (B)(4) of this rule.

(D) The department may transfer an inmate to a psychiatric hospital under an uncontested transfer order if both of the following apply:

(1) A psychiatrist employed or retained by the department determines all of the following apply:

(a) The inmate has a mental illness or is a mentally ill person subject to hospitalization.

(b) The inmate requires hospital care to address the mental illness.

(2) The inmate agrees to a transfer to a hospital.

(E) The written notice and the hearing required under paragraphs (B)(1) and (B)(2) of this rule are not required for an emergency transfer or uncontested transfer under paragraph (C) or (D) of this rule.

(F) The department shall hold a hearing for the continued hospitalization of an inmate patient who is transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule prior to the expiration of the initial thirty-day period of hospitalization. The department shall hold any subsequent hearings, if necessary, not later than ninety days after the first thirty-day hearing and then not later than each one hundred and eighty days after the closest prior hearing. An independent decision-maker shall conduct the hearings at the psychiatric hospital in which the inmate patient is confined. The inmate patient shall be afforded all of the rights set forth in this rule for the hearing prior to transfer to the psychiatric hospital. The department may not waive a hearing for continued commitment. A hearing for continued commitment is mandatory for an inmate patient transported or transferred to a psychiatric hospital pursuant to paragraph (B) or (C) of this rule unless the inmate patient has the capacity to make a reasoned choice to execute a waiver and waives the hearing in writing. An inmate patient who is transferred to a psychiatric hospital pursuant to an uncontested transfer under paragraph (D) of this rule and who has scheduled hearings after withdrawal of consent for hospitalization may waive any of the scheduled hearings if the inmate has the capacity to make a reasoned choice and executes a written waiver of the hearing.

(G) If upon completion of the hearing the independent decision-maker does not find by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order the inmate patient's discharge from the psychiatric hospital. If the independent decision-maker finds by clear and convincing evidence that the inmate patient is a mentally ill person subject to hospitalization, the independent decision-maker shall order that the inmate patient remain at the psychiatric hospital for continued hospitalization until the next required hearing.

(H) If at any time prior to next required hearing for continued hospitalization, the medical director of the hospital or the attending physician determines that the treatment needs of the inmate patient could be met equally well in an available and appropriate less restrictive state correctional institution or unit, the medical director or attending physician may discharge the inmate to that facility.

Last updated January 10, 2025 at 4:27 PM

History

Effective: October 19, 2019
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-22 Transfer of violators.

(A) When the parole board or any hearing officer assigned to the parole board revokes an offender's release or imposes a new prison term on an offender, a copy of the order revoking the violator's release or imposing the new prison term upon the violator will be forwarded to the receiving reception center.

(B) As soon as practical after receiving the inmate, the reception center will classify the inmate and forward all pertinent information to the bureau of classification and reception. The bureau of classification and reception will determine the inmate's security level and parent institution.

Last updated February 7, 2024 at 9:20 AM

History

Effective: May 15, 2004
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-23 Escapes.

(A) The department of rehabilitation and correction responds to an inmate escape in a manner which maximizes the safety of the general public while engaging in actions designed to apprehend the escapee(s).

(B) Each institution establishes a specific prevention, escape and apprehension action plan which includes institution specific instructions for preventing an escape, and in the event of an escape: reporting, containment and security of the institution, mobilizing staff and information, formulating an action plan to apprehend the escapee(s), returning to normal operations and follow-up.

(C) In the event of an escape, the institution immediately reports the escape to the Ohio state highway patrol and other relevant local support agencies and submit a written report to the director and or designee(s). Periodic updates will be provided to the director and or designee(s) as instructed.

(D) An investigation of an attempted escape or actual escape is completed to determine any security failures, staff failures, and to identify any corrective actions required or already taken.

(E) If an inmate who was convicted of a felony offense of violence escapes, the office of victim services, in accordance with division (H)(1) of section 5120.60 of the Revised Code, shall notify each victim of the offense or offenses committed by the inmate of the inmate's escape and, if applicable, the inmate's subsequent apprehension. The office of victim services may request the assistance of the prosecuting attorney of the county in which the escaped inmate was convicted in identifying and locating a victim required to receive notice under this paragraph.

Last updated May 31, 2024 at 6:54 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-24 Incident reporting and investigation.

(A) The managing officer or designee shall promptly report to the director or designee incidents which seriously threaten the health, safety and or security of a person or institution, including those incidents that might have external ramifications or news media interest.

(B) A written report of such incidents will be forwarded to the director or designee no later than the next business day. The written report will include the institution name, the nature of the incident, date and time of incident, a brief summary of the incident, action taken in response to incident and the names and relevant information regarding each inmate and/or staff member involved. Additional investigation will be conducted, as necessary, at the direction of the warden or the director or designee.

(C) Incidents that may involve the commission of a criminal offense shall be reported to the Ohio state highway patrol for their review. When the Ohio state highway patrol opens a criminal investigation related to the actions of an inmate or staff member, the institutional investigator will provide such assistance as is necessary and appropriate. An administrative investigation and subsequent administrative action, including disciplinary action against an employee or inmate, may proceed to the extent it does not interfere with the criminal investigation.

Last updated May 31, 2024 at 6:55 AM

History

Effective: May 31, 2024
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-25 Appearance and grooming of male inmates.

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule. Inmates may purchase personal hygiene items, including shaving materials, deodorant, toothpaste, toothbrushes, soap and towels through the commissary. The institution may issue these items without charge or on credit if the inmate is indigent.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be kept clean. Hair must, at all times, remain readily and thoroughly searchable for contraband. Hair that is in such condition that it cannot be readily and thoroughly searched is prohibited and shall be subject to forced cutting as provided in paragraph (I) of this rule. For purposes of this rule, "searchable" shall mean that it can be determined, through ordinary search procedures, whether the inmate's hair contains contraband. Ordinary search procedures include, but are not limited to, passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present and/or directing the inmate to turn his head upside-down and run his fingers vigorously through his hair.

Braids and dreadlocks may be worn subject to the limitations of this rule and provided that the thickness of each individual braid or dreadlock does not exceed one-half inch. The following hairstyles or facial hair are not permitted: initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding natural baldness) and weaves. Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns, as determined by the director's designee. The managing officer may impose restrictions or authorize exemptions to these prohibitions for documented medical or mental health reasons, in conjunction with medical or mental health treatment, or to accommodate a sincerely held religious belief.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for compliance with this rule at any time.

(F) Sideburns, beards, and moustaches must be clean and neatly trimmed.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Rephotographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) A reception inmate may receive a haircut, if necessary, for reasons of sanitation or as otherwise permitted by this rule.

(I) Forced haircuts shall only be given if the inmate has not been given an exemption from the grooming restrictions set forth in paragraph (D) of this rule, the inmate has been given an order to cut his hair, has disobeyed the order, has been issued a conduct report and the rules infraction board determines that the hairstyle is contrary to this rule. All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with this rule. In the interest of maintaining security and sanitary conditions, unless the inmate is asserting a sincerely held religious belief as a condition of the inmate's hair, forced haircuts may also be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting all forced haircuts in reception facilities and other institutions. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against his will.

(J) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in, or other misuse of, his hair or facial hair or is administratively convicted of escape-related misconduct or criminal activity.

(K) Male inmates are not permitted to wear earrings.

(L) Inmates performing work assignments which may reasonably be determined to include safety hazards or sanitary concerns may be required to wear appropriate protective equipment, such as hats, hair nets, etc.

(M) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or perform any other cosmetic procedure on another inmate, except in an authorized program or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(N) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes.

(O) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

Last updated July 16, 2026 at 7:57 AM

History

Effective: October 22, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-25.1 Appearance and grooming of female inmates.

(A) Inmates shall be required to be neat and well groomed, and otherwise conform their appearance to the standards set forth in this rule. Inmates refusing to do so may be subject to force and/or appropriate disciplinary action consistent with this rule Inmates may purchase personal hygiene items, to include shaving materials, deodorant, toothpaste, toothbrushes, soap, and towels through the commissary. The institution may issue these items without charge or on credit if the inmate does not have the available funds.

(B) Toilet facilities and toilet paper shall be available to all inmates. The institution shall have authority to place limitations on such facilities when necessary for safety or security.

(C) Inmates shall have the opportunity to shower no less than five times weekly. Inmates must be given a reasonable length of time under the shower to be able to soap and clean themselves properly.

(D) Haircuts shall be provided as needed. Hair shall be kept clean. Hair must, at all times, remain readily and thoroughly searchable for contraband. Hair that is in such condition that it cannot be readily and thoroughly searched is prohibited and shall be subject to forced cutting as provided in paragraph (I) of this rule. For purposes of this rule, "searchable" shall mean that it can be determined, through ordinary search procedures, whether the inmate's hair contains contraband. Ordinary search procedures include, but are not limited to, passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present and/or directing the inmate to turn her head upside-down and run her fingers vigorously through her hair.

Braids and dreadlocks may be worn subject to the limitations of this rule and provided that the thickness of each individual braid or dreadlock does not exceed one-half inch. The following hairstyles or facial hair are not permitted: initials, symbols, dyes, multiple parts, hair disproportionately longer in one area than another (excluding bangs or natural baldness), weaves and shaved heads. Hair coloring is not permitted unless approved by the warden and provided by an individual properly licensed to provide such a service and/or provided as part of an authorized program. Other hairstyles not specifically listed herein may be prohibited if they are determined to be either a threat to security or contrary to other legitimate penological concerns as determined by the office of prisons. The warden may impose restrictions or authorize exemptions to these prohibitions for documented medical or mental health reasons, in conjunction with medical or mental health treatment, or to accommodate a sincerely held religious belief.

(E) In the interest of security or proper enforcement of department rules, hair may be searched or checked for compliance with this rule at any time.

(F) Sideburns, bangs, and other facial hair must be neatly trimmed. Facial hair must not protrude more than one-fourth inch from the skin.

(G) A new photo shall be taken whenever in the judgment of the managing officer or designee any significant change in physical appearance has taken place. Re-photographing shall be at the inmate's expense if the change in appearance is occasioned by grooming changes.

(H) A reception inmate may receive a haircut, if necessary, for reasons of sanitation or as otherwise permitted by this rule.

(I) Forced haircuts shall only be given if the inmate has not been given an exemption from the grooming restrictions set forth in paragraph (D) of this rule, has been given an order to cut her hair, has disobeyed the order, has been issued a conduct report and the rules infraction board determines that the hairstyle or hair length is contrary to this rule. All reception inmates shall receive a haircut before an institution picture is taken, if necessary to bring the inmate in compliance with this rule. In the interest of maintaining security and sanitary conditions, unless the inmate is asserting a sincerely held religious belief as a basis for the condition of the inmate's hair, forced haircuts may be issued to reception inmates without a conduct report or rules infraction board approval. A log shall be maintained denoting all forced haircuts in reception facilities and other institutions. The log shall include the date, the inmate's name, number, race, the circumstances, and the employee authorizing the forced haircut. The institution must also comply with all required procedures regarding the use of force. Inmates shall conform their appearance to the standards set forth in this rule. Inmates refusing to do so shall be subject to appropriate disciplinary action, which may include requiring an inmate's hair to be cut or trimmed against her will.

(J) The rules infraction board may indefinitely restrict the style or length of hair of any inmate who is convicted of concealing contraband in, or other misuse of her hair, or administratively convicted of escape-related misconduct or criminal activity.

(K) Female inmates are permitted to wear earrings. Hoop and stud types are not to exceed one-half inch in diameter. Dangle type, those that hang from or attach to a post or wire are not to extend more than one-fourth inch below the bottom of the ear lobe. Earrings are not to be worn on any part of the body, except the ears. A maximum of two pair of earrings may be worn at one time.

(M) Inmates are not permitted to manicure each other's nails or eyebrows, style or cut another inmate's hair, or to perform any other cosmetic procedure, except in an authorized program, or by inmates who have been authorized by the institution to perform such duties. Hair clippings shall be considered contraband and may not be retained by any inmate.

(N) Institutions may require inmates to cut their fingernails and toenails. Fingernails and toenails shall not extend beyond the tips of the fingers or toes. Artificial fingernails are not permitted.

(O) Inmates may wear a reasonable amount of make-up. Eyeliner will not exceed the eyebrow area. Staff may require an inmate to remove make-up if in the judgment of a supervisor any significant change in physical appearance has taken place.

(P) Inmates must be neatly and fully dressed at all times when outside their living area in the uniform of the day or appropriate attire as established by the institution.

Last updated June 17, 2026 at 2:11 PM

History

Effective: October 22, 2018
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-27 Procurement of medical aids for institution inmates.

(A) The department of rehabilitation and correction shall provide to all institution inmates, when it is determined by qualified departmental staff (or other qualified independent contractor) that a legitimate medical or dental need exists, the following medical aids: eyeglasses, full and/or partial dentures, hearing aids, orthopedic appliances, etc. The department will further provide for reasonable replacement and upkeep. The cost and quality of such replacement items will be at the warden's discretion. An inmate may, with the warden's approval, obtain a higher quality or more expensive item at the inmate's own expense.

(B) The loss, theft or destruction of such aids, due to carelessness or negligence on the part of the inmate, will result in replacement being charged to the inmate's personal account. Prior to any such action, however, a full investigation will be conducted by the inspector of institutional services.

(C) The department does not provide medical aids of a cosmetic nature . The cost of cosmetic medical aids, if desired by the inmate, will be charged to the inmate's personal account with prior approval of the warden.

Last updated January 22, 2026 at 7:48 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-29 The office of the inspector of institutional services.

The warden of each institution shall appoint an individual to serve as the inspector of institutional services. As appropriate, the warden may also appoint an assistant inspector of institutional services. Screening, interviewing, and selecting individuals for both positions requires the participation of the chief inspector or designee. The inspector of institutional services shall report directly to the warden, with functional supervision being maintained by the chief inspector or his/her designee. The chief inspector or designee shall be involved in the performance evaluation of the inspector of institutional services. The inspector of institutional services shall have sufficient authority, clerical support, and access to all records and areas of the institution in order to carry out the duties of the office.

The inspector of institutional services shall:

(A) Facilitate all aspects of the inmate grievance procedure, as established by rule 5120-9-31 of the Administrative Code.

(B) Investigate and respond to grievances filed by inmates;

(C) Monitor the application of institutional and departmental rules and policies affecting conditions of incarceration; and report to the warden any noncompliance including recommendations for corrective action;

(D) Conduct regular inspections of institutional services and serve as a liaison between the inmate population and institutional personnel;

(E) Review and provide input on new or revised institutional policies, procedures and post orders;

(F) Provide training on the inmate grievance procedure and other relevant topics;

(G) Perform other duties as assigned by the warden or chief inspector which do not create a conflict with paragraph (A) or (B) of this rule.

(H) Submit all reports, documents, or other forms of accountability of their work to the chief inspector and/or warden as directed.

Last updated February 11, 2025 at 10:18 AM

History

Effective: April 1, 2005
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-30 The office of the chief inspector.

(A) Pursuant to section 5120.06 of the Revised Code, the director shall establish the office of the chief inspector and prescribe the powers and duties of said division. The chief inspector shall serve as a deputy director, in the unclassified service, equivalent in status to all other deputy directors and report directly to the director and assistant director of the department of rehabilitation and correction.

(B) The office of the chief inspector shall have sufficient centrally located staff to assist in carrying out the responsibilities of the office. The chief inspector and designee(s) have the authority to screen, interview and select support staff, assistant chief inspectors and other designees.

(1) Administer all aspects of the grievance procedure for inmates;

(2) Render dispositions on inmate grievance appeals;

(3) Render dispositions on grievances against the wardens and/or inspectors of institutional services;

(4) Participate in the selection process of institutional inspectors, correction warden analysts, assistant inspectors, investigators, assistant investigators and accreditation coordinators, including screening, interviewing and selection;

(5) Functionally supervise institutional inspectors, assistant inspectors, investigators, correction warden analysts, assistant investigators and accreditation coordinators; including participation in annual performance reviews for such positions;

(6) Initiate and supervise continuous training for departmental staff to maintain an active awareness and understanding of the grievance procedure for inmates and prepare a lesson plan for such purpose;

(7) Ensure that all laws, rules, and regulations of the department and subordinate facilities are being followed and applied fairly throughout the system and report to the director or assistant director any noncompliance including recommendations for corrective action;

(8) Administer and supervise internal and external audit procedures;

(9) Monitor and provide input relative to any proposed new or revised administrative rules, policies or protocols of the department;

(10) Monitor, coordinate, conduct, and/or initiate internal administrative investigations;

(11) Administer, coordinate, and supervise the identification, investigation, and enforcement of unauthorized group activities consistent with rules 5120-9-37 and 5120-9-38 of the Administrative Code.

(12) Submit to the director and the chairperson of the correctional institution inspection committee an annual report, which shall include, from all institutions, statistical information as to the number and nature of all inmate grievances processed during the report period, their disposition and the status of all pending grievances; and

(13) Perform any other duties and responsibilities established by departmental policy and/or as directed or approved by the director or assistant director.

(D) The chief inspector and designee(s) shall have all necessary authority to perform the required duties and responsibilities of this rule, including full investigative powers and complete access at any time to all facilities, offices, or installations under the jurisdiction of the department of rehabilitation and correction. All records, files, documentation, and any other information shall be available to the chief inspector and designee(s) upon request. Any employee or inmate of the department who is found to have knowingly, deliberately or maliciously obstructed an investigation conducted by the chief inspector's office will be subject to disciplinary action upon the recommendation of the chief inspector or designee.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-31 The inmate grievance procedure.

(A) The department of rehabilitation and correction (DRC) shall provide inmates with access to an inmate grievance procedure. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant. This may include complaints regarding the application of policies, procedures, conditions of confinement, or the actions of institutional staff.

(B) The inmate grievance procedure will not serve as an additional or substitute appeal process for hearing officer decisions, rules infraction board decisions or those issues or actions which already include a separate appeal mechanism beyond the institution level or those issues or actions where a separate administrative rule specifically indicates there is no appeal or where a final decision has been rendered by operation support center staff or a managing officer. Other matters that are not grievable include complaints related to legislative actions, the Ohio Revised Code, Administrative Code, ODRC policies, and decisions of the adult parole authority, judicial proceedings and sentencing or complaints whose subject matter is exclusively within the jurisdiction of the courts or other agencies. Complaints which present allegations which fall, in part, within the scope of paragraph (A) of this rule and in part within this paragraph will be considered to the extent they are not excluded under this paragraph.

(C) A written explanation of and instructions for the use of the inmate grievance procedure shall be readily available to both staff and inmates. Newly hired staff, and newly incarcerated inmates at reception shall receive a written and oral description of the procedure. Inmates shall also receive information regarding the inmate grievance procedures during orientation at their parent institution. Appropriate provisions shall be made as necessary for inmates not fluent in English, persons with disabilities and those with low literacy levels. All materials used to provide information and training on the inmate grievance procedure to staff and inmates shall be prepared or approved by the office of the chief inspector.

(D) Inmates may utilize the inmate grievance procedure regardless of any disciplinary status, or other administrative or legislative decision to which the inmate may be subject. Appropriate provisions shall be made to ensure access to the inmate grievance procedure by inmates not fluent in English, persons with disabilities, and those with low literacy levels. Each institution shall ensure a secure method exists for inmates to send kites, informal complaints, grievances, and other institutional correspondence to staff.

(E) Limited restrictions may be imposed, only with the approval of the chief inspector, based upon an inmate's abuse or misuse of the inmate grievance procedure. Such a restriction shall be for a stated period of time not to exceed ninety days and subject to extension by the chief inspector if the inmate has not substantially complied with the restriction requirements. Provisions shall be made to ensure that the inmate can pursue issues that could present a substantial risk of physical injury, such as medical concerns, through the inmate grievance procedure. Any inmate subject to a restriction shall be notified in writing. Such notice shall include a clear explanation of the nature of the restriction, and the length of time of the restriction, (conditional upon their compliance). The notice shall also include an explanation of how they may pursue issues that could present a substantial risk of harm while on restriction.

(F) An inmate may be subject to disciplinary action for intentionally providing false information, or disrespectful, threatening or otherwise inappropriate comments made in an informal complaint, grievance, grievance appeal or grievance against the warden or inspector of institutional services. Only the chief inspector or designee and/or inspector of institutional services, with the approval of the chief inspector or designee, may initiate disciplinary action based upon the contents of an informal complaint, grievance, grievance appeal or grievance against the warden or inspector of institutional services. Failure of the inmate to substantiate his or her grievance allegations shall not, by itself, be used as grounds to initiate disciplinary action.

(G) Retaliation or the threat of retaliation for the use of the inmate grievance procedure is strictly prohibited. Any alleged or threatened retaliation may be pursued through the inmate grievance procedure. Appropriate disciplinary action shall be taken against any employee found to be in violation of this rule.

(H) Grievance records are considered confidential and shall be maintained in a secure manner. No grievance records shall be placed in any inmate file which is available to the adult parole authority, except when the record is the basis of disciplinary action initiated by the inspector and authorized by the chief inspector.

(I) Only the procedure designated by the chief inspector may be used to file informal complaints, grievances, grievance appeals, or grievances against the warden or inspector of institutional services. Such process shall be reasonably available to inmates regardless of their disciplinary status or classification. Inmates shall not be required to advise a staff member, other than the inspector of institutional services, of the reason the procedure is being initiated.

(J) The inmate grievance procedure shall be comprised of three consecutive steps fully described in this paragraph. This procedure is designed to address inmate complaints related to any aspect of institutional life that directly and personally affects the grievant, including complaints regarding the application of DRC policies, procedures, conditions of confinement or the actions of institutional staff. Whenever feasible, inmate complaints should be resolved at the lowest step possible. Informal complaints must contain specific information; dates, times, places, the event giving rise to the complaint and, if applicable, the name or names of personnel involved and the name or names of any witnesses. Specificity of the complaint provides institutional staff the opportunity to investigate the complaint and to take corrective action to address a valid complaint. In the event an inmate does not know the identity of the personnel involved, a "John/Jane Doe" complaint may be filed. However, the complaint shall be specific as to dates, times, places, physical descriptions of any unidentified personnel and the actions of said personnel giving rise to the complaint.

(1) The filing of an informal complaint - step one:

Within fourteen calendar days of the date of the event giving rise to the complaint, the inmate shall file an informal complaint to the direct supervisor of the staff member, or department most directly responsible for the particular subject matter of the complaint. Staff shall respond in writing within seven calendar days of receipt of the informal complaint. If the inmate has not received a written response from the staff member within seven calendar days, the inspector may grant an additional four calendar days for response. The inspector of institutional services shall take prompt action to ensure that a written response is provided to the informal complaint within required timelines and if a response is not provided within required timelines, the informal complaint step is automatically waived and the inmate may proceed to step two. Informal complaint responses shall reflect an understanding of the inmate's complaint, be responsive to the issue, cite any relevant departmental or institutional rules or policies and specify the action taken, if any. The inspector of institutional services shall monitor staff compliance with the informal complaint process. Any pattern of non-compliance by staff shall be reported to the warden for appropriate action. The filing of an informal complaint may be waived if it is determined by the inspector of institutional services that there is a substantial risk of physical injury to the grievant, the complaint is filed pursuant to rule 5120-9-03 or 5120-9-04 of the Administrative Code, paragraph (H) of this rule, or for other good cause. In instances where the inmate has failed to meet the requirements of paragraph (J) of this rule, notification will be provided by the inspector stating the reason(s) why use of the grievance procedure is not appropriate.

(2) The filing of the notification of grievance - step two:

If the inmate is dissatisfied with the informal complaint response, or the informal complaint process has been waived, the inmate may file a notification of grievance with the inspector of institutional services. All inmate grievances must be filed by the inmate no later than fourteen calendar days from the date of the informal complaint response or waiver of the informal complaint step. The inspector of institutional services may also waive the timeframe for the filing of the notification of grievance, for good cause. The inspector of institutional services shall provide a written response to the grievance within fourteen calendar days of receipt. The written response shall summarize the inmate's complaint, describe what steps were taken to investigate the complaint and the inspector of institutional service's findings and decision. The inspector of institutional services may extend the time in which to respond by no more than fourteen days with notice to the inmate. If a disposition has not been rendered after a total of twenty-eight days from the receipt of the grievance, the complaint will be deemed unresolved and the inmate may proceed to step three of the process. Expedited responses shall be made to those grievances that, as determined by the inspector of institutional services, present a substantial risk of physical injury to the grievant or for other good cause.

(3) The filing of an appeal of the disposition of grievance - step three:

If the inmate is dissatisfied with the disposition of grievance, the inmate may file an appeal with the office of the chief inspector. Only issues presented in an informal complaint or grievance may be raised in a grievance appeal. Grievance appeals shall contain a clear, concise statement explaining the basis for the appeal. The appeal must then be filed to the office of the chief inspector within fourteen calendar days of the date of the disposition of grievance. For good cause the chief inspector or designee(s) may waive such time limits. The chief inspector or designee(s) shall provide a written response within thirty calendar days of receipt of the appeal. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final. Grievance appeals concerning medical diagnosis or a specific course of treatment shall be investigated and responded to by a health care professional.

(K) Appropriate remedies for valid grievances shall be provided. Potential remedies may include, but are not limited to: changes to institutional policies or procedures, the implementation of new policies or procedures, and/or corrective action specific to the inmate's complaint (for example, a correction to the inmate's account, locating lost property, etc.) If the resolution of a grievance or portion thereof, requires the authorization of the warden the inspector of institutional services shall submit the findings and recommendations concerning the grievance to the warden for the warden's approval, modification or disapproval. The warden shall respond in writing to the inspector of institutional services within fourteen calendar days. The inspector of institutional services shall provide to the office of the chief inspector the report to the warden, that includes the warden's decision.

(L) Grievances against the warden or inspector of institutional services ("direct grievances") must be filed directly to the office of the chief inspector within thirty calendar days of the event giving rise to the complaint. Direct grievances must show that the warden or inspector of institutional services was personally and knowingly involved in a violation of law, rule or policy, or personally and knowingly approved or condoned such a violation.

The chief inspector or designee(s) shall respond in writing within thirty calendar days of receipt of the direct grievance. The chief inspector or designee(s) may extend the time in which to respond for good cause, with notice to the inmate. The decision of the chief inspector or designee is final.

Last updated July 16, 2026 at 7:58 AM

History

Effective: March 21, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-32 Inmate property claims.

(A) If an inmate in a state correctional institution has a claim against the department of rehabilitation and correction for the loss of or damage to personal property and the amount claimed does not exceed three hundred dollars, before commencing an action against the department of rehabilitation and correction in the court of claims of Ohio, the inmate shall first attempt to resolve the matter by following the inmate grievance procedure as set forth in rule 5120-9-31 of the Administrative Code.

(B) The claim will be filed utilizing the inmate grievance procedure (rule 5120-9-31 of the Administrative Code) no later than ninety days prior to the expiration of the time allowed for commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code. Pursuant to section 2743.16 of the Revised Code, civil actions against the state for the loss of or damage to personal property shall be commenced no later than two years after the date of accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. The filing of the claim as a grievance does not toll the time allowed for the commencement of a civil action based upon the loss or damage to property under section 2743.16 of the Revised Code.

(C) The inspector of institutional services shall provide a written response to the claim. that summarizes the inmate's claim, describes what steps were taken to investigate the claim, and includes the inspector of institutional service's findings and decision. If the inmate's claim is determined to have merit, the inspector of institutional services, subject to the warden's concurrence, shall make an offer to compromise the claim to the inmate. The offer to compromise the claim may be monetary or non-monetary.

(D) If the inmate accepts a monetary offer to compromise, a payment shall be made to the inmate's institutional account from general revenue funds appropriated to the department of rehabilitation and correction. Such payment is subject to withdrawal from such account as may be necessary to pay a court ordered obligation pursuant to rule 5120-5-03 of the Administrative Code. The inmate's acceptance of a monetary offer to compromise and payment credited to the inmate's institutional account shall constitute a full and complete release of liability for the claim. Such a monetary compromise payment shall be the final remedy against the department of rehabilitation and correction and the state of Ohio.

(E) Institutions may utilize contraband valued at one hundred dollars or less to make non-monetary offers to compromise by order of the warden or designee after the institution has attempted to contact or identify the owner of the personal property and those attempts have been unsuccessful, or the inmate who owns the personal property agrees in writing to the disposal of the contraband property. Institutions may utilize contraband valued at over one hundred dollars which has been forfeited by court order to make non-monetary offers to compromise only if the court order of forfeiture states that the forfeited contraband may be utilized by the institution for such a purpose. Institutions may also utilize donated property or property abandoned by an inmate upon release to make a non-monetary offer to compromise. If the inmate accepts a non-monetary offer to compromise, the item of property shall be re-titled to the inmate if appropriate. The inmate's acceptance of an offer to compromise and the documented receipt of the replacement item shall constitute a full and complete release of liability for the property claim. Such a non-monetary compromise shall be the final remedy against the department of rehabilitation and correction and the state of Ohio.

(F) If the department of rehabilitation and correction denies the grievance or does not compromise the claim at least sixty days prior to the expiration of the time allowed for the commencement of a civil action based upon the loss or damage under section 2743.16 of the Revised Code, as set forth in paragraph (B) of this rule, the inmate may commence an action in the court of claims of Ohio under Chapter 2743. of the Revised Code to recover damages for the loss or damage.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-33 Packages and property restrictions.

(A) In addition to the state-provided basic necessities, inmates may be permitted, subject to the limitations and conditions described in this rule, to possess certain items of personal property, which are not state issued.

(B) Excluding large titled items (e.g., televisions and typewriters etc.), and state issued property, an inmate may not possess more than 2.4 cubic feet of combined state and personal property unless specifically authorized pursuant to this rule.

(C) Individual items of personal property possessed by an inmate shall not exceed the value limit for that item. Individual value limits will be reasonable and will not unreasonably deprive the inmate of the ability to make purchases. The director will approve a list of allowable items of personal property and the associated value limits. The list will be distributed to all institutions and affirmatively communicated to the inmate population.

(D) Each inmate is responsible for ensuring that his personal property remain in conformity with the foregoing limitations. Property in excess of these limitations will be deemed contraband and disposed of pursuant to rule 5120-9-55 of the Administrative Code.

(E) Inmates may possess only personal property items received through an institutional commissary, and/or vendors identified by the director or designee.

(1) Inmates may order and receive food packages only from the vendor approved by the director or designee.

(2) Inmates may order and receive sundry packages (non-food personal property) only from vendors approved by the director or designee.

(3) Family members, friends and others (regardless of their inclusion on the inmate's approved visitation list) may order food and/or sundry packages, subject to the limitations of this rule, from the approved vendor or vendors, for the benefit of a designated inmate.

(F) Information on approved vendors, product availability and making purchases will be appropriately provided to inmates, family members and other interested parties.

(G) Inmates assigned to institutions with the following security designations are eligible to receive the corresponding total number of packages per year from any of the approved sources, subject to the following exceptions:

Package allowances and limitations

| SECURITY LEVEL | TOTAL NUMBER OF PACKAGES | LIMITATIONS | | --- | --- | --- | | Level 1 | 4 | Maximum of 2 food only boxes | | Level 2 | 3 | Maximum of 2 food only boxes | | Level 3 | 3 | Maximum of 1 food only box | | Level 4 | 2 | Maximum of 1 food only box | | Level E | 0 | No packages permitted | | Death Row | 3 | Maximum of 2 food only boxes |

Institutions whose physical construction facilitates the housing of inmates by different security designations shall permit inmates to receive packages according to their individual security level.

Exceptions: Non-cadre inmates assigned to a reception center, or inmates temporarily assigned to a medical center, are not permitted to receive packages. Inmates sent to outside hospitals, or inmates in restrictive housing or limited privilege housing or any other status specifically designated by the director are not permitted to receive packages.

(H) The director or designee may grant a managing officer's written request to include or exclude certain items of personal property based on the security, safety, space, control or other needs of a particular institution or individual. Approved institutional changes will be communicated in writing to the chief inspector and posted in the affected institution(s) as appropriate. Managing officers will have the authority and discretion to permit receipt of additional packages, with or without limitation, and to establish institutional rules governing the storage of inmate legal materials and commissary items.

(I) With the exception of any property excluded pursuant to paragraph (H) of this rule, inmates who legitimately possess personal property prior to April 1, 2000, may be permitted to retain (grandfather) said property until such time as said property becomes unusable. Institutional staff will ensure that any inmate's personal property being transferred to or received from another state correctional facility conforms to the 2.4 cubic foot limitation.

(J) Inmates shall not trade, sell, barter, loan, or give away any personal property to another inmate. Inmates shall maintain proof of ownership for all property possessed. Failure to maintain proof of ownership may result in denied claims for lost property. Inmates are responsible for immediately reporting a theft or loss and institutional personnel are responsible for conducting a timely investigation. Inmates are not permitted to order a food or sundry package for another inmate.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-34 Community education and work assignment time.

The purpose of this rule is to afford inmates of state penal institutions, on a selected basis, with adequate security, the opportunity to participate in educational and/or vocational programs, work assignments, and community service programs which will implement the rehabilitative goal of the correctional system of the state of Ohio.

(A) Definitions. As used in this rule the following terms shall mean:

(1) "Institution" means any state penal institution, state prison, state reformatory or correctional or physical or mental treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction.

(2) "Inmate" means a person who is imprisoned in an institution.

(3) "Community service program" means a program under which inmates may be granted permission to be temporarily absent from the premises of an institution for the purpose of volunteer work in the community or for such other community service programs which are specifically approved in writing by the director of the Ohio department of rehabilitation and correction and the managing officer of the institution in which the inmate is confined. The director of the Ohio department of rehabilitation and correction shall keep accessible records of all such programs, events, or activities which have been approved by him.

(4) "Education or vocational program" means a program under which inmates may be granted permission to leave the premises of an institution for the purpose of attending educational or vocational education classes or participating in a program or course of study of that nature, said programs to be approved in writing by the director of the Ohio department of rehabilitation and correction. The director of the department of rehabilitation and correction shall keep accessible records of all such programs which have been approved by the director.

(5) "Work assignment" means a job assignment in which inmates may be granted permission to be temporarily absent from the premises of an institution for the purpose of job assignment in the community,

(B) No inmate classified as maximum security shall be eligible to participate in community service programs, educational or vocational programs or work assignments. Inmates classified as medium security may be eligible for such programs, but only pursuant to paragraph (C) of this rule.

(C) An inmate shall not be permitted to participate in programs pursuant to the provisions of this rule unless, and until, the managing officer of the institution and the director or his designee affirmatively and specifically finds the following facts, which must be set forth in writing:

(1) That the inmate has not been committed on more than one occasion for a felony that is an offense of violence as defined in section 2901.01 of the Revised Code.

(2) That the inmate has not been committed for the commission of felonies on more than two separate occasions.

(3) That the inmate's participation in community service, educational, or vocational programs or work assignments pursuant to the provisions of this rule is consistent with the safety of the community and is in the best interests of rehabilitation with respect to the inmate.

(4) Any exception to paragraphs (C)(1) and (C)(2) of this rule must be recommended by the classification committee and approved by the director or his designee for compelling reason(s).

(D) The managing officer of the institution shall provide a system for checking out and checking in all inmates who participate in community service, educational, or vocational programs or work assignments pursuant to this rule, which system shall reflect:

(1) The name of the inmate and inmate number.

(2) The date and time when the inmate left the institution.

(3) The destination for which the inmate is bound.

(4) The date and time that the inmate returned to the institution.

(5) The name of the person charged with supervising the inmate.

(E) The managing officer of the institution shall keep accessible records of all inmates who are participating in community service, educational, or vocational programs or work assignments pursuant to this rule, including the date and time of their temporary absence from the institution, their destination, and the date and time of their return to the institution.

(F) During all times when an inmate is temporarily absent from an institution pursuant to the provisions of this rule, the inmate shall:

(1) Be under the direct, immediate, and personal supervision and control of a correctional officer, an employee of the institution, or a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card;

(2) Directly and promptly proceed to the destination using the approved method of transportation and route, and shall not deviate from the purpose and destination of the inmate's community service, educational, or vocational program;

(3) Remain at or within the area designated as the destination of the inmate's community service, educational, or vocational program or work assignment;

(4) Obey all orders, commands, and instructions of the correctional officer or the approved person responsible for supervising and controlling the inmate;

(5) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs;

(6) Not violate any law of the United States, the state of Ohio, or any municipal ordinance;

(7) Work diligently and display proper conduct;

(8) Return to the institution immediately and without delay at the time scheduled for return using the approved method of transportation, and shall not deviate from the institutional destination.

(G) Any inmate who violates any of the provisions of paragraph (F) of this rule shall be subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code. The institutional correctional officer or approved person responsible for supervising and controlling the inmate shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (F) of this rule which are committed in his or her presence or which he or she is aware of, and an acknowledgement of this duty shall be made in writing by all such persons, other than an institutional guard.

(H) The managing officer of the institution shall have the affirmative duty to notify, in writing, the director and the appropriate law enforcement agencies immediately of any escape, walkaway, or failure of an inmate to return from a community service, educational, or vocational program or work assignment.

(I) Prior to the approval of an inmate's application filed pursuant to this rule, a form setting forth the provisions of paragraphs (F) and (G) of this rule will be provided to the inmate, who shall execute, in writing, the inmate's understanding thereof and that the inmate agrees to abide by and be bound by those provisions.

(J) No inmate shall be outside of the institution except pursuant to the provisions of this rule, pursuant to section 2967.26 of the Revised Code, or pursuant to any other program established by an act of the general assembly of the state of Ohio.

Last updated September 29, 2026 at 3:01 PM

History

Effective: October 9, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-37 Inmate group activities.

(A) No inmate shall be permitted to become an active member in any group within an institution until that group has been approved pursuant to this rule. An "unauthorized group" is defined as:

(1) An association of two or more persons with common characteristics (e.g., sharing a common interest, activity or purpose; acting in concert on an ongoing or recurrent basis; having a highly organized or loosely structured internal organization; recognizing themselves as a distinct group) which serves to distinguish that association from other inmates or groups, and;

(2) Has not been approved by the department pursuant to this rule or any departmental directive.

(B) An inmate shall not knowingly or intentionally engage in, whether individually or in concert with others:

(1) Forming, organizing, promoting, encouraging, recruiting for, or participating in, etc., an unauthorized group;

(2) Possessing, creating, reproducing, using or circulating, etc., any material related to an unauthorized group;

(3) Communicating support of, association with, or involvement in any unauthorized group. The form of communication may be verbal (written or spoken) as through codes, jargon, etc., or non-verbal (conduct as through hand signs, symbols, displays, drawings, graffiti, distinctive clothing, hairstyles, colors, ornaments, etc.;

(4) Participating in criminal activities, or disruptive activities such as disturbances, riots, fostering racial or religious hatred, or union activities; and,

(5) Violating institutional rules or directives or state or federal laws.

(C) When inmates engage in group activities when that group has not been authorized pursuant to this rule, or a group has received authorization pursuant to this rule, but engages in activities inconsistent with or beyond those authorized, such inmate and or group shall be deemed to be engaged in unauthorized group activities and subject to discipline consistent with rules 5120-9-06, 5120-9-07 and 5120-9-08 of the Administrative Code.

(D) When an inmate is charged with unauthorized group activity the conduct report shall indicate that the charge is brought under this rule, describe with specificity the alleged conduct forming the basis of the charge, and cite the pertinent identified sub-section of this rule that describes the unauthorized group activity prohibited.

(E) Inmates who wish to form an authorized group shall first file with the warden or designee a request for authorization to collect information to form the group. The request for authorization shall allow the inmates wishing to form a group to associate and communicate with other inmates for the sole purpose of gathering information to prepare the documents required to support a formal request to form a group. The request for authorization to associate and communicate shall state the nature and purpose of the proposed group. The warden or designee shall either grant or deny the request for authorization to associate and communicate within thirty days of receipt of the request. A denial shall state the reasons therefore. Inmates who wish to participate in religious group activities shall contact the institution's chaplain to ascertain the specific requirements for processing such a request.

(F) Inmates who are granted authorization to associate and communicate may confer with and recruit other inmates to participate in the proposed group. This authorization is limited to the extent necessary to gather the information to prepare documents required for the formal request to form a group. The limited authorization to associate and communicate shall expire within thirty days from the date it was granted.

(G) Within the thirty-day period following the authorization to associate and communicate, an inmate may file with the warden or designee a formal request to form a group. The formal request shall include the following:

(1) The name of the group;

(2) Any affiliation, directly or indirectly, with any other group within or outside the institution;

(3) The names of the person(s) interested in forming the group;

(4) The group's charter, constitution, or bylaws; or all three documents if appropriate;

(5) The group's objectives and proposed activities;

(6) The institutional services and resources, such as staff time or meeting rooms, needed for the group's activities;

(7) The anticipated length and frequency of group meetings or activities;

(8) Financial support desired from the institution, if any, including how long the group expects to need such support;

(9) Group methods, including recruiting new members;

(10) The need for the group and why no other existing group within the institution or the department can meet the needs of the applicant(s).

(H) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the warden or designee, shall submit the formal request, along with the warden's recommendations, to the director or designee.

(I) Within thirty days of the receipt of the formal request to form a group to engage in group activities, the director or designee shall, in writing, approve or deny, in whole or in part, the formal request. A denial shall state the reasons therefore.

(J) No group shall be recognized, or an active membership permitted, in any group which the warden has reason to believe constitutes a risk to the security of the institution or personnel, is detrimental to the best interests of the inmates, or would work in opposition to the orderly function and operation of the institution.

(K) Each inmate group shall submit an annual report to the warden which shall include the name of the group, its purpose, the number of inmate members, its accomplishments during the previous year, its general effect on the inmate population, and the benefits, if any, derived by its members. A review of the conduct of the members during the preceding year shall also be conducted. Each warden shall then submit an annual report to the director or designee describing all active inmate groups and their activities.

(L) Each inmate group shall have a group advisor who shall be assigned by the warden from the institutional staff. Such group advisor shall attend all meetings of the inmate group. The group advisor shall review the conduct records of the members on an annual basis, and shall submit a written summary of such review at the time of the group's annual report.

(M) The director or designee may revoke a group's authority to continue to function as a group and to engage in organized group activities. In that event, the director or his designee shall notify the group in writing of the revocation and reason(s) therefore.

Last updated February 11, 2025 at 10:19 AM

History

Effective: April 1, 2005
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-38 Symbols of inmate groups.

(A) Authorized inmate groups may adopt a symbol, representing evidence of membership in an authorized group with the prior approval of the warden or designee.

(B) Such symbols may be in the form of rings, pins, bracelets, necklaces, or medallions, to the extent that such jewelry items are in accordance with inmate grooming and appearance and inmate personal property limitations.

(C) Such symbols may be disapproved. Disapproval may be based on size, weight, obscenity or the capability to be used as a weapon or to conceal contraband or other legitimate penological interests.

(D) Wardens may promulgate regulations limiting times and places where symbols may be worn, especially if they constitute a safety hazard, such as wearing medallions around machinery.

Last updated February 11, 2025 at 10:19 AM

History

Effective: April 1, 2005
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-39 Restoration of voting rights for individuals convicted of crimes.

Information pertaining to voting rights and the eligibility requirements governing the restoration of those rights for individuals with criminal convictions shall be made accessible to offenders at all correctional facilities and adult parole authority field offices. Such information shall be made available through published materials, and posted on the official website of the Ohio department of rehabilitation and correction.

The information shall be updated, as necessary, by the Ohio department of rehabilitation and correction in response to any legislative revisions affecting the eligibility requirements pertaining to indiviudals with criminal convictions.

Last updated March 24, 2023 at 10:51 AM

History

Effective: June 21, 2013
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-40 Inmate newspapers.

(A) Inmate newspapers may be published within institutions when approved by the warden. Inmate newspapers and their contents shall be under the administrative control and supervision of a staff member designated by the warden.

(B) All articles submitted for publication must be signed, but names may be withheld on request.

(C) Written consent by the owner or publisher of material already printed must be obtained before republication in the institutional publication. When one source is frequently used for material, a blanket approval for publication may be sought.

(D) All costs incurred in the publication of an inmate newspaper shall be charged against the inmates' industrial and entertainment fund.

Last updated February 11, 2025 at 10:19 AM

History

Effective: April 1, 2005
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-44 Clergy substitute for regular, full-time state-employed clergy.

(A) Regular, full-time, state-employed chaplains on approved leave from their institutions shall be responsible for securing the services of substitute clergymen to perform designated duties.

(B) In the event institutional chaplains are unavailable, and non-institutional chaplains are needed, the chaplain shall attempt to secure the services of a volunteer clergyman, or one for whom the chaplain has previously substituted or for whom a service has been provided and for which an exchange of services is both reasonable and appropriate.

(C) The name of each substitute clergyman and duties performed shall be promptly forwarded to the administrator of religious services after such services are performed.

(D) In the event such services are unavailable except upon a fee basis, the concerned chaplain shall recommend in writing to the administrator of religious services a suitable substitute clergyman, state his fee schedule, and state the rate reasonably paid substitute clergyman in private churches in the community in which the institute is situated. No substitute clergyman shall be retained on a fee basis nor shall any contract with a substitute clergyman be valid unless approved in writing by the administrator of religious services. Such contract shall specify the dates, hours, and places of services to be performed.

(E) Immediately after performing the agreed-upon services, a substitute clergyman under a fee contract shall submit an invoice to the chaplain on leave. The substitute clergyman shall sign the invoice, provide his home mailing address, his social security number, make reference to the contract and date of contract, and state the dates, hours, and places of services performed.

(F) Upon receipt of such invoice, the chaplain for whom the substitution was made shall forward to the administrator of religious services copies of the invoice, the voucher, and a cover letter indicating his payroll name and social security number. The cover letter shall contain the dates for which the chaplain was on approved leave. The voucher shall thereafter be submitted to the business manager at the applicable institution for payment.

(G) Substitute chaplains shall have only such authority as is reasonable and necessary to fulfill their appointments.

Last updated February 11, 2025 at 10:19 AM

History

Effective: April 1, 2005
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-45 Temporary exclusion from educational requirement.

(A) Except as provided by this rule, all inmates who have not obtained a high school diploma or equivalency shall take courses leading toward an Ohio certificate of high school equivalence, an Ohio high school diploma pursuant to section 3313.61 of the Revised Code, or courses that provide vocational training.

(B) The department may exclude certain inmates from the requirement to take courses as described in paragraph (A) of this rule for clearly established medical, mental health or security reasons pursuant to section 5145.06 of the Revised Code. Such exclusion from the mandatory requirement shall be temporary in nature, based on the criteria established by this rule, and pursuant to the procedure established in this rule.

(C) The managing officer of each correctional facility shall establish an education exclusion review committee. The committee shall be comprised of the health care administrator of the facility, the mental health administrator or mental health manager of the facility, and the principal or assistant principal of the facility. The managing officer may designate other competent and credentialed staff persons to the committee in place of the named positions. The committee shall meet when necessary to review applications for exclusion at the direction of the managing officer, but shall meet no less than once every six months. The managing officer may designate a staff person to assist the committee, and to ensure its adherence to time frames as described in this rule. Staff members are entitled to no additional compensation for service on this committee.

(D) Any correctional facility staff member or inmate may submit a request for an exclusion from the requirement to take courses. The request for exclusion shall be submitted on a form designated for that purpose. The request for exclusion shall be directed to the, managing officer, who shall refer it to the committee.

(E) Any request for exclusion from the requirement to take courses shall describe what condition or circumstance supports the exclusion of the particular inmate from the requirement to take courses. The criteria for exclusion from the requirement to take courses are as follows:

(1) Medical. A request for exclusion based on medical reasons shall be accompanied by a written statement from the institutional physician that the inmate, based on a diagnosed medical condition, is incapable of meaningful participation in an educational class or vocational training environment.

(2) Mental health. A request for exclusion based on mental health reasons shall be accompanied by a written statement from the institutional mental health administrator or mental health manager that the inmate, based on a diagnosed mental health condition, is incapable of meaningful participation in an educational class or vocational training environment.

(3) Security. Inmates in restrictive housing, who are on death row, or have a security level of E, are excluded from the educational requirement for security reasons. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their security status.

(4) Inmates admitted as patients to, Franklin medical center or Frazier health center are excluded from the educational requirement, while in patient status. However, upon an inmate's written request, the inmate may have access to coursework as described in paragraph (A) of this rule as appropriate for their medical or mental health status.

(F) The educational exclusion review committee shall review each request for exclusion within thirty days after its referral from the managing officer. The committee may require institutional staff to provide additional information if necessary. The committee shall either approve or deny the request and provide a written determination to the staff person submitting the request, to the inmate, to the education department, and to the managing officer.

(G) The grant of exclusion from mandatory education is in effect until the circumstances of the inmate changes or for a six-month period, whichever is shorter. The committee shall review each grant of exclusion, and may require institutional staff to provide updated information if necessary. The committee may continue, modify, or remove the exclusion as warranted. The committee shall provide a written determination of its review to the inmate, the education department, the referring clinical area when applicable and to the managing officer.

Last updated March 24, 2023 at 10:51 AM

History

Effective: January 9, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-47 Sanctions for filing frivolous actions.

(A) At any time, and upon its own motion or on the motion of a party, a court may conduct an inquiry into whether any civil action or appeal brought by an inmate was brought in good faith. An inmate who is found by a court to have brought a frivolous civil action or appeal in any court of this state or in any federal court, or who is found by a state court to have brought a malicious civil action or appeal, or who is found by a state court to have filed false allegations of indigency in a poverty affidavit, or who is found by a state court to have filed additional affidavits relating to waiver, prior actions or appeals, and grievances, as set forth in section 2969.25 and 2969.26 of the Revised Code, that were materially false, is subject to loss of certain privileges and or extra work duty.

(B) If a court issues such a written finding and forwards it to the appropriate institution for further action, the warden or designee shall, within a reasonable time, impose upon that inmate, one or more of the following sanctions:

(1) Extra work duty, without compensation, for not more than sixty days;

(2) The loss of commissary privileges for not more than sixty days;

(3) The loss of television privileges for not more than sixty days;

(4) The loss of radio privileges for not more than sixty days;

(5) The loss of recreational activity privileges for not more than sixty days;

(6) The loss of sundry package privileges for one time in any calendar year.

(C) The inmate shall receive written notice of the wardens or designees sanction(s) along with a copy of the courts finding. Department employees are not required to grant the inmate any further process.

Last updated August 14, 2025 at 11:41 AM

History

Effective: May 22, 1997
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-49 Public records.

(A) A "record" means any item that is kept by the department of rehabilitation and correction (department) that:

(1) Is stored on a fixed medium,

(2) Is created, received by, or coming under the jurisdiction of a public office; and

(3) Documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department

(B) "Public record" means records kept by the department unless exempted by any provision of the Ohio Revised Code or other binding legal authorities. The records of the department that shall be deemed public records include, but are not limited to, the following:

(1) Rules of general applicability and procedure (i.e., rules of the Ohio Administrative Code) and statements of general policy (i.e., department policies exclusive of security).

(2) Charges and decisions in inmate disciplinary cases.

(3) Non-security related manuals and instructions.

(4) Determinations, orders and minutes made by the adult parole authority, including the parole board, resulting from any hearing required by law or Chapter 5120:1-1 of the Administrative Code.

(1) Records, the release of which is prohibited by state law (e.g., all records referred to in section 5120.21 of the Revised Code, attorney-client privilege, attorney work product, and trade secrets) or federal law. See division (A)(1)(v) of section 149.43 of the Revised Code.

(2) Medical records that pertain to the medical history, diagnosis, prognosis, or medical condition of an inmate and that is generated and maintained in the process of medical treatment. "Medical records" does not include any document relating to birth, deaths, and the fact of admission to or discharge from a hospital. See divisions (A)(1)(a) and (A)(3) of section 149.43 of the Revised Code. However, pursuant to division (C) of section 5120.21 of the Revised Code, inmate medical and mental health records may be released, once every twelve months, if the inmate or former inmate to whom the record pertains, signs a written request designating a licensed attorney or licensed physician to receive the records and the designee signs on letterhead a request for the records. The executor or designated administrator of a deceased inmate's estate may request that inmate's medical records along with a designated attorney or physician.

(3) Recovery services files and information that would identify an offender or employee receiving alcohol and/or drug treatment. See section 5119.27 of the Revised Code.

(4) Information provided to the office of victim services by a victim of crime or a victim representative designated under section 2930.02 of the Revised Code for the purpose of program participation, of receiving services, or to communicate acts of an inmate or person under the supervision of the adult parole authority that threaten the safety and security of the victim. See section 5120.60 of the Revised Code.

(5) Residential and familial information of parole officers and correctional employees. See division (A)(7) of section 149.43 of the Revised Code.

(a) Under this rule, "correctional employee" means any department employee who in the course of performing job duties has or has had contact with inmates or persons under supervision. Under this rule, "residential and familial information" means any information that discloses any of the following about a correctional employee or a parole officer:

(i) Residential street address (the state and political subdivision are a public record).

(ii) Information that is compiled from referral to or participation in an employee assistance program.

(iii) Social security number.

(iv) Residential and emergency telephone numbers.

(v) Numbers of bank accounts (e.g., direct deposits) and debit, charge, and credit cards.

(vi) Medical information.

(vii) The name of any beneficiary of employment benefits (e.g., life insurance).

(viii) The identity and amount of any charitable or employment benefit deduction (e.g., insurance for health, dental, vision, life, and disability, union dues, and leave donation).

(ix) Name, residential address, employer name and address, social security number, residential or emergency telephone numbers, numbers of bank accounts and debit, charge, and credit cards of the spouse, former spouse, or children.

(b) A journalist may obtain the residential street address of a correctional employee or parole officer, as well as the name and address of that person's spouse, former spouse, or children, if employed by a public office. See division (B)(9) of section 149.43 of the Revised Code. To obtain this information, the journalist must submit a written request, which includes the journalist's name and title, the employer's name and address, and a statement that release of the information is in the public interest.

(c) For a department employee that does not meet the definitions of correctional employee or parole officer, their home address may not be a public record. The analysis is whether the address is a "record," in that it documents the organization, functions, policies, decisions, procedures, operations, or other activities of the department. For example, if a department employee is required to live in a certain area as a condition of employment, the portion of the home address that documents compliance with that condition is a record. If the address is kept by the department for administrative convenience, it is not a record.

(6) Infrastructure records. An "infrastructure record" means any record that discloses the configuration of the department's critical systems, such as its communications, computer, electrical, mechanical, ventilation, water, plumbing, or security systems. Infrastructure records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. Simple floor plans or records showing the spatial relationship components of the public office are not infrastructure records. See section 149.433 of the Revised Code. However, pursuant to section 5120.21 of the Revised Code, architectural, engineering, or construction diagrams, drawings, or plans of a correctional institution are not public records.

(7) Security records. A "security record" means any record that contains information directly used for protecting or maintaining the security of the department against attack, interference, sabotage, or to prevent, mitigate, or respond to acts of terrorism. Security records may be disclosed for purposes of construction, renovation, or remodeling of the department's institutions and facilities without waiving the non-public status of that record. See section 149.433 of the Revised Code.

(8) Criminal history "rap sheets" obtained from the federal national crime information center system or through the state law enforcement automated data system. Also, records from the bureau of criminal identification and investigation. See section 3789(g) of 42 U.S.C. as amended January 5, 2006 and section 109.57 of the Revised Code.

(9) Federal, state, and municipal income tax returns and social security numbers contained in personnel files. See section 6103 of 26 U.S.C. as amended July 2, 2010 and section 5703.21 and 718.13 of the Revised Code.

(10) Public employee retirement system personal history information. See section 3307.20 of the Revised Code.

(11) Records of open internal equal employment opportunity investigations are confidential law enforcement investigatory records under division (A)(1)(h) of section 149.43 of the Revised Code, if conducted pursuant to Chapter 123:1-49 of the Administrative Code.

(12) Information contained in a certain employment record if the department employee whose information is recorded therein can demonstrate a high potential for victimization or a substantial risk of bodily harm or death from the release of such record.

(13) Pursuant to division (A)(2) of section 149.43 of the Revised Code, confidential law enforcement investigatory records pertaining to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature to the extent that the release of the record would create a high probability of disclosure of any of the following:

(a) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised.

(b) Specific confidential investigation techniques or procedures or specific investigatory work product.

(c) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.

(d) Information provided by an information source or witness to whom confidentially has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity.

(14) Personal information listed online (i.e., numbers for federal tax identification, social security, driver's license, state identification, and accounts for checking, savings, and credit cards) must be redacted upon a person's request pursuant to section 149.45 of the Revised Code.

(15) Records maintained by the department of youth services pertaining to children in its custody, that are released to the department for the limited purpose of carrying out the duties of the department. See division (A)(1)(l) of section 149.43 and section 5139.05 of the Revised Code.

(16) Reports of a pre-sentence investigation and an offender background investigation. The department may disclose, in a confidential manner, any such report to courts, law enforcement agencies, community-based correctional facilities, halfway houses, and medical, mental health, and substance abuse providers. Prior to such disclosure, the department shall redact the victim impact section and any information identifying a witness. See section 2951.03 of the Revised Code.

(17) Education records without student consent. School transcripts, attendance records, or other individually identifiable student records. See section 3319.321 of the Revised Code.

(18) Certain records that identify an inmate or former inmate concerning transfer of mentally ill or mentally retarded inmates from a department correctional institution to a psychiatric hospital. See section 5120.17 of the Revised Code.

(19) Department quality assurance records. See section 5120.211 of the Revised Code.

(20) Inmate records released by the department to the department of youth services or a court pursuant to division (E) of section 5120.21 of the Revised Code. See division (A)(1)(k) of section 149.43 of the Revised Code.

(D) Upon request from a representative of an approved news media organization or a private citizen, the following non-public information about an inmate, parolee, probationer or other releasee may be made available upon the prior approval from the department's bureau of communication or from the appropriate managing officer:

(1) Name and number.

(2) Age and date of birth.

(3) Race and sex.

(4) Physical description.

(5) Admission date.

(6) Sentencing entry.

(7) Prison transfers (i.e., dates and locations only).

(8) Outside court actions regarding confinement and release.

(9) Institutional work assignments.

(10) Security level.

(11) Prior department incarceration.

(12) Release eligibility and supervision history (i.e., date and type).

(13) Time at large (i.e., absconded or escaped).

(14) Death. The identity of a deceased inmate shall be withheld until next-of-kin have been notified or twenty-four hours following death, whichever occurs first.

(E) Rule 5120:1-1-36 of the Administrative Code lists certain non-public parole board records which may be disclosed, according to the procedures established in that rule, to the following representatives:

(1) Approved news media organizations.

(2) Government officials.

(3) Victims of any offense of commitment or a subsequent parole violation.

(4) An attorney designated by the victim or the inmate.

(F) The department must organize and maintain its records so that they can be made available in response to public requests. On receiving a public records request for specific, existing records, the department must provide prompt inspection at no cost during regular business hours, or provide copies at actual cost within a reasonable period of time, if requested. The department may withhold or redact specific records which are covered by an exception to the Public Records Act, but is required to give the requester an explanation and legal authority. If a requester makes an ambiguous or overly broad request, or the department believes that asking for, but not requiring, the request in writing, or for the requester's identity, or for the intended use of the requested information would benefit the requester by enhancing the ability of the department to provide the records, the Public Records Act provides for negotiation to help identify, locate, and deliver the requested records. In addition to denials justified by exceptions to the Public Records Act, the department may deny a request in the extreme circumstance where compliance would unreasonably interfere with the discharge of the department's duties.

(G) Non-public records of the department may, in the sole discretion of the director, or designee, be made available to counsel of record of an inmate or releasee, researchers, law enforcement agencies, or other persons with a need for access to such documents, subject to other restrictions on such access as may be provided by law.

Last updated February 18, 2026 at 8:21 AM

History

Effective: March 21, 2021
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-50 Escorted inmate release for deathbed or private funeral home visit.

(A) As used in this rule:

(1) "Felony Commitment" means an admission to an adult correctional institution of this or any other state, or the United States to serve a prison term for one or more felony offenses.

(2) "Crime of an assaultive nature" means an offense in which the inmate caused or attempted to cause actual physical harm to a person.

(B) Inmates who are not likely to pose a threat to the public safety and who are statutorily eligible pursuant to division (C) of section 2967.27 of the Revised Code may, at the discretion and professional judgment of the warden, be permitted an escorted visit for the specific purpose of visiting a dying relative or attending a private viewing of a deceased relative.

(1) The inmate has a record of more than two felony commitments (including the present charge). This means the inmate must not be serving his third or greater commitment at the time of the requested visit; or,

(2) The inmate has a record of two or more felony commitments (including the present charge) for a crime of an assaultive nature.

(D) For the purposes of this rule, the sick or deceased relative must not be more distant than spouse, child, step-child, parent, step-parent, sibling, step- or half-sibling, grandparent or other person who has, in effect, been in such a relationship with the inmate.

(E) Wardens will permit such inmate releases only upon receipt of information which verifies the relationship of the relative, and in cases of bedside visits, that the relative is in imminent danger of death. In cases of private funeral viewing the warden will also verify the death of said relative.

(F) In determining the inmate's likelihood of posing a threat to the public safety the warden may consider all information available, including but not limited to the inmate's security level, any pending detainers, time remaining on the sentence(s) being served or until the inmate goes to the parole board, the inmate's security threat group affiliation, notoriety of the offense, in cases of a deceased relative, the cause of death of the deceased, the emotional stability of the inmate, the inmate's institutional adjustment, and any history of escape, attempted escape and/or absconding from any type of supervision such as probation or parole.

(G) Prior to approving an escorted bedside visit or private viewing, the warden shall notify the department's office of victims' services so that the office may provide assistance to any victim or victims of the offense committed by the inmate and to members of the family of the victim.

(H) No escorted visits are permitted outside of the state of Ohio. The inmate and/or family of the inmate bear responsibility for the cost of escorting the inmate to the bedside or private funeral viewing. The cost is determined by the mileage for the trip, based on the current mileage compensation established by the department of administrative services for state agencies. Staff compensation is not a part of the cost. During the escort, the inmate shall remain under the constant supervision of an employee of the department. The transporting employees are authorized to terminate the trip at any time if they determine that the security or safety of themselves, the public or the inmate cannot be maintained.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-51 Internet access for incarcerated individuals.

(A) Incarcerated individuals may only access the internet for a use or purpose approved by the director or designee. Access will be limited in accordance with this chapter and will be monitored. Criteria by which incarcerated individuals may be screened and approved for access or training involving the internet shall include the following:

(1) Incarcerated individuals are eligible to access the internet only to the extent that internet access is necessary to engage in an approved use or purpose.

(2) The incarcerated individual's current offense of commitment and past criminal conduct may be taken into consideration when determining whether an individual may be eligible for internet access under this rule.

(3) The Ohio central school system superintendent, or designee, in consultation with the department of rehabilitation and correction (DRC) chief of the office of information technology (OIT) or a designee, and the deputy director of operations, or designee, shall have the discretion to deny access to the internet to incarcerated individuals based upon security concerns or the institutional behavior of the inmate individual on a case by case basis. Relevant subject matter experts may be consulted in making this determination.

(B) Only pre-approved internet sites will be accessible to incarcerated individuals.

(C) Designation of the authority to approve internet sites for authorized use: The Ohio central school system superintendent shall lead and designate a committee comprised of subject matter experts to serve as the designated authority for the pre-approval of internet sites for authorized use. One of the members of the committee must be a representative of the DRC OIT, chosen by the DRC chief of OIT. The committee will confer and recommend internet sites for the superintendent to pre-approve.

(D) A process for the periodic review of the operation of the system, including users of the system and the internet sites accessed by the system: the DRC chief of OIT, or designee, shall also be responsible for periodic review of the operation of the system, including users of the system and sites accessed by the system. The chief of OIT, or designee, shall utilize available technology and/or services to ensure that access to the internet by incarcerated individuals is monitored and is restricted only to those sites pre-approved under this rule.

(E) Sanctions that must be imposed against incarcerated individuals and staff members who violate department rules governing access to the internet:

(1) Any staff member, contractor, or volunteer who permits or assists in unauthorized access to the internet by an incarcerated individual may be subject to appropriate disciplinary measures for conduct in violation of this rule, and may be subject to prosecution under section 2921.44 of the Revised Code.

(2) Incarcerated individuals who violate this rule may be found to have violated one or more of the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative Code and may be subjected to an appropriate penalty as set forth in rule 5120-9-07 or 5120-9-08 of the Administrative Code.

(3) Incarcerated individuals in a correctional institution under the control of the department of rehabilitation and correction may also be subject to prosecution under division (C)(2) of section 5145.31 of the Revised Code. Incarcerated individuals in a private correctional facility, as defined in section 9.06 or 9.07 of the Revised Code, are subject to prosecution under division (C)(2) of section 9.08 of the Revised Code.

Last updated February 18, 2026 at 8:21 AM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-52 Initial classification of inmates.

(A) The director shall designate one or more institutions as centers for the reception and classification of inmates received by the department.

(B) Classification shall include assigning the inmate to appropriate security and supervision levels, as well as determining programming needs to assist in the reentry of the inmate into the community. The director or designee shall establish standard admission procedures.

(C) The reception centers shall forward copies of all recommendations, reports, evaluations and other relevant information on an inmate to the bureau of classification. After a review of the available records the bureau of classification shall designate a security level of 1, 2, 3, 4 or E and assign the inmate to an appropriate institution. Factors to be considered in designating an inmate's initial security level and institution assignment shall include but not be limited to the following:

(1) Nature or seriousness of the offense for which the inmate was committed;

(2) Length of sentence for which the inmate was committed;

(3) Medical and mental health status;

(4) Previous experience while on parole, furlough, probation, post release control, administrative release or while under any other form of correctional supervision.

(5) Nature of prior criminal conduct as shown by the official record;

(6) Age of inmate;

(7) Potential for escape;

(8) Potential of danger to the inmate, other inmates, staff, or the community through the inmate's actions or actions of others;

(9) Availability of housing, work, and programming at the various institutions;

(10) The physical facilities of an institution;

(11) Any other relevant information contained in the reports.

(D) The bureau of classification will, within the limits of the available resources, attempt to assign the inmate to an institution most compatible with his security and programming needs. The bureau shall forward a copy of the inmate's designated security level and institution assignment to the reception center. The reception center shall notify the inmate and advise the inmate that they may request in writing to the chief of the bureau of classification reconsideration of their security level and/or institution assignment. Such request shall be on a form designated for that purpose and state in detail the reasons supporting the request.

(E) During the period an inmate is incarcerated at a reception center, the inmate shall be given a temporary security level of level 3R, which will remain in effect until the bureau of classification makes the security level and institution assignment and the appropriate transfer has been completed.

(F) The inmate's initial security level and institution assignment are subject to change either while the inmate is at the reception center or at the assigned institution, whenever additional documentation or information becomes available that would impact such assignments. Absent the receipt of any new information that would impact the inmate's initial assignment, security level and institution assignment shall not be modified except pursuant to rules 5120-9-21 and 5120-9-53 of the Administrative Code.

(G) Inmates may be assigned to an institution of a higher security level than the security level of the inmate due to program or institutional requirements. However, the security status of the institution to which the inmate is assigned shall not, alone, determine the security level of the inmate.

(H) All reports, documents, and materials completed during the reception and initial classification process shall become a permanent part of the inmate's files.

Last updated February 11, 2025 at 10:19 AM

History

Effective: January 9, 2020
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-53 Classification committees.

(A) Each institution will establish and maintain a classification committee(s). The committee will include a unit manager or designee, and other members as appointed by the unit manager. The classification committee has jurisdiction over annual and special security level reviews, work assignments, community release screening, transfer requests, and program placement.

(B) Prior to a hearing of the classification committee the inmate will be provided with notice no less than forty-eight hours prior, unless waived by the inmate. This notice informs the inmate of the purpose of the hearing, that the inmate may make or submit a written statement if the inmate chooses, and that the inmate has the right to meet with at least one member of the committee. This notice will be on a form designated for that purpose.

(C) During a classification hearing the committee reviews and considers the inmate's needs, including programming needs reflected in the inmate's case plan, evaluates placement and progress, security, and any other relevant matters. Each inmate will have a classification hearing at least annually.

(D) After the classification committee hearing, the committee will make a written summary of the hearing, including their recommendation and reasons for such recommendation and forward this to the warden or designee. The inmate will be promptly notified of the recommendation of the committee and of the right to appeal the recommendation to the warden or designee. The notice to the inmate will be on a form designated for that purpose. The warden or designee will approve or disapprove the recommendation or make an alternative recommendation or decision. The warden's decision will be communicated in writing to the inmate. Security level reviews and transfer request decisions may be further appealed to the bureau of classification.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-55 Contraband.

(A) There shall be two classes of contraband as defined in this rule. Contraband is classified as "major" or "minor" contraband. This distinction shall determine the method or manner of disposition of such contraband.

(1) "Major contraband," as used in this rule, refers to items possessed by an inmate which, by their nature, use, or intended use, pose a threat to security or safety of inmates, staff or public, or disrupt the orderly operation of the facility. Major contraband also includes any material related to unauthorized group activity that is found in the possession of an inmate. Any items referred to in section 2921.36 of the Revised Code are considered major contraband, including deadly weapons or dangerous ordnance, drugs of abuse, intoxicating liquor and cash.

(2) "Minor contraband," as used in this rule, refers to items possessed by an inmate without permission and:

(a) The location in which these items are discovered is improper; or

(b) The quantities in which an allowable item is possessed is prohibited; or

(d) An allowable item is possessed by an inmate in an altered form or condition.

(B) Any staff member who confiscates contraband from an inmate shall enter the fact of such confiscation on a log designed for such a purpose, specifying the date of the confiscation, the person or inmate from whose possession the contraband was taken, if known, and a brief description of the contraband.

(1) Minor contraband.

(a) When appropriate, such items should be returned to their proper locations or to their original owners. However, if the item came into the inmate's possession through a violation of the rules by the original owner, such item should not be returned to the owner, if the original owner is an inmate.

(b) Minor contraband received in the mail may be returned to the sender if the inmate agrees to pay postage costs.

(c) Minor contraband, valued at one hundred dollars or less, may, thirty days after confiscation, be destroyed, donated, utilized by the institution for training or other official purposes, or utilized in non-monetary offers to compromise in accordance with rule 5120-9-32 of the Administrative Code, by the order of the warden when the institution has attempted to contact or identify the owner of the personal property and those attempts have been unsuccessful or the inmate who owns the personal property agrees in writing to the disposal of the property in question.

(d) Minor contraband, valued at over one hundred dollars, which cannot be returned to the original owner if either an inmate or unknown and cannot be returned to sender, may, upon the issuance of an order of forfeiture by the court of common pleas in the county in which the institution is located, be destroyed or utilized by the institution for training or other official purposes, sold at public auction, or utilized in non-monetary offers to compromise in accordance with rule 5120-9-32 of the Administrative Code. The warden may file a petition for forfeiture with the court, asking the order be issued, with an attached list of the property involved and a brief statement why the property cannot be returned. Each institution shall record the manner in which the contraband was disposed. In the event a court of common pleas issues an order that forfeited contraband be sold at public auction, the institution shall deposit any money received in the inmates' industrial and entertainment fund and record the date of disposition, the amount the forfeited contraband was sold for, and the name of any person who purchased the forfeited contraband at public auction.

(2) Major contraband.

(a) When criminal prosecution or disciplinary action is contemplated with respect to the contraband, it is locked in a secure area designated for contraband or turned over to local or state law enforcement authorities. Institutional personnel will minimize any handling of such items until turned over to law enforcement authorities.

(b) When such items are no longer needed for disciplinary or criminal action, they are disposed of in accordance with the provisions of this rule.

(3) Contraband such as rings, watches, and personal entertainment devices are stored in a secure place. Reasonable attempts should be made to return such items to their rightful owner if an inmate, or sent to the inmate's home at the inmate's expense. Contraband obtained in violation of the rules of the Administrative Code is subject to confiscation. If valuable contraband cannot be returned to the rightful owner, the warden may initiate forfeiture consistent with this rule.

(4) Confiscated money is processed in accordance with rule 5120-5-08 of the Administrative Code.

Last updated July 1, 2024 at 4:29 PM

History

Effective: July 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-57 Prison nursery program and infants born during confinement.

(A) The "prison nursery program" is a program of the department of rehabilitation and correction that permits certain incarcerated women and the children born to them while incarcerated to reside together while the mother serves her sentence.

(B) Pregnant inmates received into the department of rehabilitation and correction may apply to participate in the prison nursery program.

(1) She is pregnant at the time she is delivered into the custody of the department of rehabilitation and correction,

(2) She is subject to a prison term of not more than thirty-six months,

(3) She has never been convicted of a violent crime or any type of child abuse, or child endangerment,

(4) She and her child meet established medical and mental health criteria,

(5) She is the legal custodian of the child,

(6) No one else has been granted custody or shared parenting privileges, and

(7) She meets any other criteria established by the department of rehabilitation and correction.

(D) In order to participate, each eligible inmate selected for the program must sign an agreement to the conditions of participation. Each inmate must agree to do all of the following:

(1) Comply with any programmatic requirements established by the department such as child development, parenting skills, education, domestic violence counseling, job or vocational counseling, and alcohol or other drug counseling.

(2) If eligible, have the child participate in the medicaid program or a health insurance program.

(3) Accept the normal risks of child-rearing.

(4) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child.

(5) Assign to the department any rights to child support from any person or governmental entity in accordance with sections 5120.652 and 5120.654 of the Revised Code.

(E) In the event the inmate's participation in the program is terminated before release, each inmate selected for the program shall specify with whom the child should be placed pending approval of the department of job and family services. The process is described in this rule and rule 5101:2-42-60 of the Administrative Code.

(F) The inmate's participation in the program may be terminated at the sole discretion of the department if:

(1) The inmate fails to comply with the conditions of participation agreement entered into under division (A) of section 5120.652 of the Revised Code.

(2) Either the inmate or child becomes seriously ill, cannot meet medical criteria established for the program by the department of rehabilitation and correction, or otherwise cannot safely participate in the program.

(3) A court issues an order that designates a person other than the inmate as the child's residential parent and legal custodian.

(4) A juvenile court, in an action brought pursuant to division (A)(2) of section 2151.23 of the Revised Code, grants custody of the child to a person other than the inmate.

(5) An order is issued pursuant to section 3109.04 of the Revised Code granting shared parenting of the child.

(6) An order of disposition regarding the child is issued pursuant to division (A)(2), (A)(3), or (A)(4) of section 2151.353 of the Revised Code granting temporary, permanent, or legal custody of the child to a person, other than the inmate, or a public children services agency or private child placing agency.

(7) The inmate is released from imprisonment.

(G) The department shall establish a nursery advisory board to advise the department concerning the prison nursery program.

(H) The managing officer of each institution in which a prison nursery program is established shall:

(1) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program. This fund shall be maintained as a part of the industrial and entertainment fund as referenced in section 5120.131 of the Revised Code. Funds so maintained may be expended on general program expenses for the benefit of all participants in the program. Records of this fund shall be kept to allow accounting of the amounts deposited in and spent from the prison nursery program fund.

(2) Create and maintain an individual nursery account for each inmate participating in the prison nursery program to help pay for the support provided to the inmate and child pursuant to the program. Such funds shall be received and maintained in the inmate's personal account as referenced in section 5120.13 of the Revised Code. Such funds may be expended by the inmate at her discretion for any allowable expense.

(I) For all infants born to inmates who are ineligible for the prison nursery program, Ohio children services boards or county departments of human services which have assumed the administration of children services functions prescribed by Chapter 5153. of the Revised Code are responsible for investigating and recommending placement arrangements or arranging placements for infants born to inmates. The rules governing these functions are promulgated by the Ohio department of job and family services (rules 5101:2-42-60 and 5101:2-42-61 of the Administrative Code).

(J) Each institution under the jurisdiction of the director of the department of rehabilitation and correction in which female inmates are housed shall establish procedures for providing assistance in the placement of infants who are born to inmates ineligible for the prison nursery program. Such procedures shall include provisions for the coordination of services with hospitals and state and local children services agencies.

(K) Each institution shall comply with the following procedures:

(1) Each inmate shall receive a medical examination during the admissions process, and the examiner shall note observed symptoms of pregnancy or statements by the inmate concerning her pregnancy and the expected delivery date.

(2) An institutional case manager/parenting coordinator shall be notified as soon as practical of the inmate's pregnancy and her expected delivery date. If it is possible that the inmate will remain incarcerated as of the expected delivery date, the case manager/parenting coordinator shall interview the inmate to determine:

(a) The state and county of residence at the time that the inmate was sentenced to confinement in the department; and

(b) The county(s) having jurisdiction of the criminal case in which the inmate was convicted and sentenced to the department; and

(c) The inmate's preferred plan concerning the placement of the infant (relatives, friends, public or private agency, etc.).

(3) The case manager/parenting coordinator shall, as soon as practical thereafter, notify the public childrens services agency in the Ohio county in which the inmate was a resident at the time she was sentenced and provide the following information to the agency:

(a) Name of inmate;

(b) Social security number;

(d) Committing county;

(e) Name and address of child's father;

(f) Financial resources (self/spouse/parents);

(g) Parole hearing date or release date of inmate;

(h) Expected delivery date;

(i) Baby placement choice and alternative placement;

(j) Name and phone number of referring case manager/parenting coordinator; and

(k) Return address of institution.

In the event that the inmate was not an Ohio resident at the time that she was sentenced, the case manager/parenting coordinator shall provide the same notification to the public childrens services agency in the county having jurisdiction of the case in which the inmate was last convicted and sentenced.

(4) The case manager/parenting coordinator will inform the inmate of the approval or rejection by the responsible childrens services agency of the inmate's placement plan. The case manager/parenting coordinator will immediately inform the responsible agency of any change in circumstances reported by the inmate. All communications with the responsible agency will be documented.

(5) When ordered by the department's medical staff, the inmate shall be transferred to a hospital designated by the department. The case manager/parenting coordinator or other person designated by the managing officer of the institution shall notify the hospital of the agency identified in paragraph (K)(3) of this rule and shall take such other action necessary to effectuate the purpose of this rule.

(6) In the event that the agency identified in paragraph (K)(3) of this rule communicates its inability to assume custody and care of an infant, the case manager/parenting coordinator shall request intervention by the public childrens services agency in the county in which the child is hospitalized.

Last updated January 6, 2023 at 8:38 AM

History

Effective: January 6, 2023
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-58 Acquired immune deficiency syndrome.

(A) In conjunction with the Ohio department of health, the department of rehabilitation and correction shall conduct human immunodeficiency virus (hereafter "HIV") testing on all inmates upon admission.

(B) Testing for HIV at other times can be required of an inmate when ordered by a judge of appropriate jurisdiction or when the head of the institution has determined, based on good cause, that a test is necessary.

(C) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to institution or department staff members or contractors who have a medical need to know and who are participating in the diagnosis, care or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition. Disclosure shall be made consistent with the appropriate protocol developed as required by division (B)(3) of section 3701.243 of the Revised Code.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-60 Schedule of health care services.

(A) The department of rehabilitation and correction shall provide health care to incarcerated offenders under its custody based upon individual assessment of their medical needs in accordance with the best use of available resources and recognized correctional health care standards. All care that is deemed medically necessary by departmental physicians shall be provided, with an emphasis on preventive care and with priority given to ongoing care of disease-specific, serious medical conditions. The health care services described in this rule are available only to offenders incarcerated in a department correctional institution.

(B) The term "medically necessary" as used in this rule means care without which the offender could not be maintained without significant risk of loss of life, loss of limb or significant bodily function. It also includes care without which one could expect significant pain or discomfort, further serious deterioration of the offender's medical status and/or a significant reduction in the chance of successful repair after release.

(C) Inmates incarcerated in a correctional institution operated by the department of rehabilitation and correction may expect the following health care services:

(1) Admission health evaluation

(a) Comprehensive baseline health history including inquiry into:

(i) Current illnesses and health problems;

(ii) Dental problems;

(iii) Mental health problems, including suicide assessment;

(iv) Substance abuse history;

(v) Past and present treatment or hospitalization for mental health disturbances or suicide;

(vi) Screening for past or present infectious diseases, including tuberculosis;

(vii) Possibility of pregnancy (if applicable);

(viii) Any other health problems reported by the inmate.

(b) Comprehensive physical examination including:

(i) Examination by a physician or other advanced level health care provider;

(ii) Baseline lab work;

(iii) Screening for sexually transmitted diseases, as mandated;

(iv) Pregnancy test (females only);

(v) Other lab work deemed necessary by the physician or advanced level health care provider.

(d) Baseline dental examination including:

(i) Baseline dental screening;

(ii) Dental x-rays as indicated.

(e) Assignment of a medical classification based on the comprehensive history and physical examination.

(f) Institution assignment based on the determined medical classification.

(g) Orientation to prison health care system.

(2) Routine care:

(a) Unimpeded access to nursing and medical services through nursing sick call and medical sick call.

(b) Chronic care clinics. Care includes regular follow-up based on disease and symptom control:

(i) Cardiovascular;

(ii) Hypertension;

(iii) Diabetes;

(iv) Tuberculosis;

(v) HIV;

(vi) Pulmonary;

(vii) Seizure disorders;

(viii) Chronic liver disease, including hepatitis C;

(ix) Other chronic medical diseases as deemed necessary by the physician.

(3) Offer of regular physical examination:

(a) For all inmates over fifty years old, annual physical examinations to include:

(i) Complete vital signs;

(ii) Cancer screening tests as medically indicated;

(iii) Lab work as indicated;

(iv) Optometry examination as indicated;

(v) Dental examination as indicated;

(vi) Immunizations, offered as medically indicated;

(vii) Pelvic examination, pap smear and breast exam for all women;

(viii) Mammogram annually according to united states prevention services task force grade A and B recommendations;

(ix) Testicular examination according to united states prevention services task force grade A and B recommendations;

(x) Digital rectal examination.

(b) For all inmates between the ages of forty and fifty, physical examinations every two years, to include:

(i) Optometry examination as indicated;

(ii) Dental examination as indicated;

(iii) Immunizations, offered as medically indicated;

(iv) Breast examination for females according to united states prevention services task force grade A and B recommendations;

(v) Mammograms for women according to united states prevention services task force grade A and B recommendations;

(vi) Testicular examination for men according to united states prevention services task force grade A and B recommendations;

(vii) Cancer screening tests as medically indicated.

(c) For all inmates under the age of forty, a physical examination as indicated, to include all procedures listed above for inmates between the ages of forty and fifty.

(4) Nurse's sick call, which includes:

(a) Nursing assessment;

(b) Patient education, specific to disease or condition;

(5) Medical sick call - by a physician or other advanced health care provider.

(a) Primary care;

(b) Chronic care clinics as outlined above;

(6) Mental health services:

(a) Mental health screening upon admission;

(b) Full mental health evaluation, as indicated;

(d) Suicide prevention services;

(e) Individual and group psychotherapy, as indicated;

(f) Mental health programming, as indicated;

(g) Residential treatment facilities when necessary;

(h) Psychiatric hospitalization, when necessary;

(i) Residential MR/DD services when necessary.

(7) Dietary services:

(a) Nutritional assessment when indicated;

(b) Customized diet plan, as ordered by a physician when medically necessary;

(8) Pharmacy services:

(a) Prescription medication provided as medically indicated, per a restricted formulary.

(b) Off formulary medications approved when medically necessary.

(9) Dental services:

(a) Admission screening;

(b) Routine dental services (restorations, extractions);

(d) Specialty dental services as deemed necessary by primary care dentist;

(i) Removable prosthodontics (dentures);

(ii) Oral surgery (for impacted teeth, pathology, and other medically necessary procedures);

(iii) Periodontal services as medically necessary.

(10) Infectious disease prevention and treatment:

(a) Screening, testing, treatment and follow-up as indicated for tuberculosis, sexually transmitted diseases, HIV, hepatitis and other infectious diseases.

(b) Infectious disease educational programming, with an emphasis on prevention.

(11) Optometry services:

(a) Optometric examination as indicated and eyeglasses as needed.

(b) Glaucoma screening as indicated.

(12) Podiatry services:

(a) Diabetic foot exams annually and treatment as needed.

(b) Orthotics when medically indicated.

(13) Dialysis services.

(14) Pregnancy management:

(a) Prenatal services;

(b) Nursery program if deemed appropriate;

(15) Audiograms and hearing aids as medically indicated.

(16) Physical therapy and/or mobility aids, as medically indicated:

(17) Specialty physician consultations as medically indicated for specific disease processes.

(18) Surgeries and treatments:

(a) Procedures or treatments approved when necessary to:

(i) Preserve life or limb;

(ii) Prevent further serious deterioration or significant reduction of the chance of possible repair after release;

(iii) Alleviate significant pain or discomfort.

(b) Procedures or treatments of an elective nature are subject to review and prior approval on a case-by-case basis.

(c) Procedures or treatments that are only marginally effective will be considered only after careful review of the procedure's effectiveness, alternatives, risks, the severity of the inmate's illness, the cost of the procedure and the likelihood of recovery.

(d) Procedures or treatments of a purely cosmetic nature will not be approved.

(e) Procedures or treatments generally considered to be experimental may be considered only after all conventional options have been exhausted and a human research review committee reviews the treatment or procedure proposed for that inmate.

(19) Prosthetic devices provided as medically indicated to support independent functioning.

(20) Primary and advanced diagnostic laboratory and x-ray services provided as necessary to support medically necessary care.

(21) Emergency services:

(a) First aid, nursing care and basic life support are provided on-site twenty-four hours a day by appropriately licensed medical staff.

(b) Transport to outside emergency care facilities provided as medically necessary.

(22) Acute inpatient and skilled nursing care:

(a) Hospital level of care at an accredited medical facility provided as medically necessary;

(b) Inpatient skilled nursing care and end-of-life care provided at the Franklin medical center;

(23) Discharge planning services:

(a) Summary health care information available upon release to support continuity of care;

(b) Limited supply of essential medication provided on release from prison;

(c) Community linkage services provided for inmates with mental illness and, per department of health guidelines, certain infectious diseases.

(D) Preventive health care is encouraged and supported within department institutions. Each offender will be provided written and oral instruction regarding access to health care services, with an emphasis on preventive services available. preventive services include the following:

(1) Health care screenings:

(a) Screenings for infectious diseases and sexually transmitted diseases;

(b) Mental health screenings for suicide risk and mental illness.

(2) Immunizations as medically indicated.

(3) Age specific, routine physical examinations, inclusive of screenings for cancer as medically indicated.

(4) Tuberculosis surveillance program inclusive of intake and annual screening and follow-up, treatment as medically indicated, and medical isolations as necessary to prevent transmission.

(5) Chronic disease clinics inclusive of regularly scheduled evaluations, medication monitoring and disease specific patient education.

(6) Preventive patient education inclusive of, but not limited to, infectious disease prevention, smoking cessation and nutrition and dietary guidelines.

(7) Preventive dental services including instructions on dental hygiene, and routine scaling as time and resources permit.

Last updated February 11, 2025 at 10:19 AM

History

Effective: July 11, 2016
Promulgated Under: 111.15

Ohio Adm.Code 5120-9-61 Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations.

(A) Nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to enter institutions under the control of the department for the purpose of providing reentry services to inmates shall be first registered with the department upon the approval of the director. For the purposes of this rule, reentry services may include, but are not limited to, counseling, housing, job-placement, and money-management assistance.

(B) For the purposes of registration with the department, the nonprofit organization shall submit a written application, in a form or manner as determined by the department, for the purposes of screening. The department shall post a department telephone number on the department's official internet web site that nonprofit organizations may call to obtain information. The submission shall include the following information:

(1) The name of the organization;

(2) The principal contact person for the organization;

(3) The mailing address for the organization;

(4) A statement regarding the organization's history, mission and objectives, and;

(5) A statement regarding what reentry services the organization can provide and how the organization will present these services within an institution.

(C) A nonprofit organization may be registered with the department to provide reentry services to inmates if it can demonstrate to the satisfaction of the department the following:

(1) A commitment to the principles of inmate reentry, with regard for the rights of victims and public safety;

(2) A willingness to comply with the department's administrative rules and policies regarding security, visitation, and volunteers in the institutions;

(3) The ability to consistently provide reentry services to the inmate population targeted, which will be identified through agreement with the department;

(4) A continuing commitment to provide reentry services in a manner that is professional, respectful of both inmates and department staff, and will not bring discredit to the department or the state of Ohio.

(D) The decision of the director regarding the registration of a nonprofit organization to provide reentry services is solely within the discretion of the director. The director may consider any factor the director deems relevant regarding the suitability of the organization to be registered to provide reentry services. The department may terminate the registration of a nonprofit organization if, in the judgment of the director, the organization has compromised the safety and security of an institution, failed to abide by the rules and policies of the department, or otherwise been found unsuitable to provide reentry services.

(E) The department shall maintain, on its internet web site, a list of all the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this rule. The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require an inmate to participate in a faith-based program.

Last updated February 11, 2025 at 10:20 AM

History

Effective: April 15, 2010
Promulgated Under: 119.03

Ohio Adm.Code 5120-9-62 Operation of the federal equitable sharing fund.

(A) For the purposes of this rule, the following terms are defined as follows :

(1) DAG-71 - the federal form application for the transfer of federally forfeited property.

(2) Equitable sharing account - a separate revenue account exclusively for the proceeds from the disposition of federally forfeited property, established pursuant to section 5120.70 of the Revised Code.

(3) Federally forfeited property - federally forfeited cash, property, the proceeds of federally forfeited property, and any interest earned on the equitable sharing account, which the federal government equitably-shares with the department of rehabilitation and correction.

(4) Proceeds of federally forfeited property - any payment in cash or in kind made to the department of rehabilitation and correction for the sale or transfer of federally forfeited property.

(B) Federally forfeited property and the proceeds of federally forfeited property shall be used only for law enforcement purposes and as a supplement to existing resources and revenue appropriated by the Ohio general assembly. Internal controls and auditing mechanisms shall account for the expenditure, transfer, or use of federally forfeited property or the proceeds of federally forfeited property.

(1) The director or designee will authorize all uses, expenditures, and transfers of federally forfeited property or the proceeds of federally forfeited property. Federally forfeited property must be used for the specific intended law enforcement use stated on the DAG-71. The proceeds of federally forfeited property must be used for a law enforcement purpose in accordance with federal law. Federally forfeited property or the proceeds of federally forfeited property must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(2) The director or designee must authorize the expenditure or transfer of the interest generated on the equitable sharing revenue account. Interest must be used for only a law enforcement purpose in accordance with federal law. The expenditure or transfer of interest must supplement and not supplant existing resources or revenues appropriated by the Ohio general assembly.

(3) Purchase orders must be issued in accordance with state law and current department of administrative services and department procedures to formally disburse deposited assets from the forfeiture revenue account.

(D) Sale or transfer of tangible federally forfeited property:

(1) Tangible assets must be used for two years from the date of transfer in accordance with the law enforcement purpose stated on the DAG-71, unless the asset becomes unsuitable for the law enforcement purpose.

(2) Upon expiration of the two year period, the director or designee may authorize the sale of the asset for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(3) When a tangible asset ceases to serve the law enforcement purpose for which it was requested, the department's deputy director of the office of administration shall sell it for payment in cash or in kind in accordance with the law. Cash proceeds shall be deposited into the equitable sharing revenue account. All proceeds from the sale are subject to the limitations on expenditure, use, or transfer set forth in this rule.

(E) The director or designee may authorize the expenditure of funds from the equitable sharing revenue account to pay for the costs of auditing and bookkeeping resulting from the equitable sharing of federally forfeited property.

Last updated January 22, 2026 at 7:49 AM

History

Effective: January 22, 2026
Promulgated Under: 119.03

Chapter 5120-12 Transitional Control Program

Ohio Adm.Code 5120-12-01 Establishment of a transitional control program and criteria defining eligibility.

(A) Section 2967.26 of the Revised Code permits the department of rehabilitation and correction to transfer eligible prisoners to transitional control status for the purpose of closely monitoring a prisoner's adjustment to community supervision during the final one hundred eighty days of the prisoner's confinement. Eligible prisoners serving prison terms so transferred will be confined in a suitable facility that is licensed according to division (D) of section 2967.14 of the Revised Code, or be confined in a residence the department has approved for this purpose and be monitored by an electronic monitoring device, as described in section 2929.01 of the Revised Code. The department may adopt specific policies and procedures to carry out the purposes of Chapter 5120-12 of the Administrative Code.

(B) It is the intent of the department of rehabilitation and correction to establish a transitional control program to achieve the following goals:

(1) To provide a controlled, transitional period for screened prisoners to improve their education, vocational skills, or employability and to re-establish family ties and community support by the gradual reentry of prisoners into their home communities in a self-sufficient and productive manner.

(2) To make effective use of the limited number of prison beds available by utilizing halfway house beds.

(C) A prisoner placed into the transitional control program retains the status of inmate, but the department of rehabilitation and correction has the authority to permit the prisoner to leave the facility or residence to which he is assigned to engage in employment; educational or vocational training; treatment programming; reestablish and maintain ties with family members; or for other activities approved by the department.

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

(E) For purposes of this rule, and other rules in this chapter of the Administrative Code, the following definitions apply:

(1) "Actual incarceration": a sentence required by statute to be served in prison for offenders convicted of offenses committed prior to July 1, 1996.

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

(3) "Bureau of community sanctions": that bureau within the division of parole and community services that includes community-based correctional facilities, community corrections act programs, halfway houses, community transitional housing programs, and community residential centers.

(4) "Business days": the days of the week excluding Saturday, Sunday and holidays.

(5) "Conditions of supervision": those general and special rules and regulations with which offenders are required to comply as part of the criminal sentencing sanction of supervision, probation or parole supervision, or other forms of community supervision.

(6) "County in which the prisoner was sentenced": in accordance with division (A)(2) of section 2967.26 of the Revised Code, the court of the county in which the indictment against the prisoner was found or issued.

(7) "Detainer": a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

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

(9) "Electronic monitoring": a specified period during which an offender is restricted to a specified premises during which period the offender wears an electronic monitoring device and meets all other conditions imposed upon the offender.

(10) "Electronic monitoring device": in accordance with division (UU) of section 2929.01 of the Revised Code, any device that can be operated by electrical or battery power that includes a transmitter and receiver and can determine the location of a subject person at any time, or at a designated point in time through the use of a central monitoring computer or through other means. This includes but is not limited to satellite technology.

(11) "Facility director": the individual designated as the head of a community correction center, halfway house residential center or other community-based facility.

(12) "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.

(13) "Investigating authority": those individuals responsible for conducting home investigations, which includes employees of the adult parole authority and or halfway house facility staff.

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

(15) "Mandatory sentence": a sentence required by statute to be served in prison. Examples include convictions for gun specifications, repeat violent offenders (RVO), major drug offender (MDO) and some drug offenses.

(16) "Offender": any individual under the supervision of the adult parole authority.

(17) "Parole": the release from confinement in any state penal or reformatory institution by the adult parole authority that is created by section 5149.02 of the Revised Code and under any terms and for any period of time that is prescribed by the adult parole authority in its published rules and official minutes. A parolee so released will be supervised by the authority. Legal custody of a parolee remains in the department of rehabilitation and correction until a final release is granted by the adult parole authority pursuant to section 2967.16 of the Revised Code. The term "parole", as defined in this paragraph, applies to persons sentenced for felonies prior to July 1, 1996.

(18) "Parole officer": a person employed as a parole officer of the adult parole authority who supervises offenders and/or conducts investigations.

(19) "Post-release control": a period of supervision for an offender by the adult parole authority following release from imprisonment that includes one or more post-release control sanctions imposed under section 2967.28 of the Revised Code.

(20) "Relative" or "immediate family": refers to parents, spouse, siblings, children, grandparents, cousins, in-laws, individuals with adoptive or step relationships, and/or those with whom the offender had a demonstrated pre-established relationship prior to the current incarceration. Persons who have served as substitute parents (in loco parentis) during the offender's formative years will also be included when such status can be proven. In accordance with the law, adoptive or step-relationships will be the same as natural relationships. Proof may be required for some relationships, including but not limited to birth certificates and marriage certificates of the person the offender is claiming as a relative or immediate family.

(21) "Special conditions of supervision": special and specific conditions for individual offenders with which they must comply, that are related to the offender's previous offense pattern, and that are related to the probability of further serious law violations by the individual offender. Special conditions may be imposed by the court or by the parole board.

(22) "Staffing": the process in which information is shared between the supervising officer, the supervisor designee, or any other authorized representative of the department of rehabilitation and correction to ensure appropriate supervision of the offender and/or report preparation.

(23) "Supervising authority": the entity designated to provide supervision to offenders.

(24) "Supervising officer": a person employed as a parole officer of the adult parole authority who supervises offenders.

(25) "Transfer to transitional control status": movement of a prisoner from a prison to the transitional control program which involves closely monitored supervision and confinement in a licensed facility or restriction to an approved residence on electronic monitoring, during the final one hundred eighty days of a prisoner's confinement, in accordance with section 2967.26 of the Revised Code.

(26) "Unit": the assignment and alignment of staff into an organized grouping that is under the immediate direction of a supervisor. This subdivision can be multi-functional in providing field services and community court assistance.

(27) "Unit supervisor": a person employed by the adult parole authority as a parole services supervisor who supervises parole officers.

(28) "Violation behavior": conduct by an offender during the period of supervision that is a violation of the conditions of release.

(29) "Violation hearing": an administrative hearing conducted by a representative or representatives of the parole board or designee of the chief of the adult parole authority to determine whether an offender has violated one or more of the conditions of release and, if so, the specific sanction that should be imposed upon the offender.

(30) "Violation sanction": any penalty imposed on an offender who is found guilty of an offense or a violation of a condition of supervision. A sanction may be located in the community or in a prison.

(31) "Violator at large" (VAL): pursuant to section 2967.15 of the Revised Code, a person who is a parolee or releasee, who is under transitional control, or who is under another form of authorized release under the supervision of the adult parole authority who absconds from supervision.

(F) In order to be eligible for transitional control transfer pursuant to section 2967.26 of the Revised Code, a prisoner must meet all of the following criteria:

(1) A prisoner serving a prison term for an offense committed prior to the effective date of the statute authorizing the transitional control program is eligible if, at the time at which eligibility is being determined, the prisoner would have been eligible for a furlough under section 2967.26 of the Revised Code as that section existed immediately prior to the effective date of the statute authorizing the transitional control program, or would have been eligible for conditional release under section 2967.23 of the Revised Code as that section existed immediately prior to the effective date of the statute authorizing the transitional control program.

(2) When transferred, prisoners are not to have longer than one hundred and eighty days of imprisonment to serve until the prisoner's parole eligibility, as defined under section 2967.13 of the Revised Code, or no longer than one-hundred and eighty days of imprisonment to serve until the expiration of the prisoner's stated prison term.

(3) Prisoners serving an actual incarceration prison sentence or serving a mandatory prison sentence are not eligible until after expiration of the actual incarceration or mandatory sentence.

(4) Prisoners are not to be serving a sentence of life imprisonment.

(5) Prisoners serving a sentence for a crime committed on or after July 1, 1996 are not to be disapproved for transfer to transitional control by the court of common pleas of the county in which the prisoner was sentenced unless the prisoner is serving a definite prison term that is less than one year for an offense committed on or after July 1, 1996 or a minimum term of less than one year under a non-life felony indefinite prison term.

(6) The prisoner does not have a record of more than two commitments for an offense of violence as defined in division (A)(9) of section 2901.01 of the Revised Code, which was or is a felony offense including the present commitment, except violations of section 2911.12, burglary; section 2923.12, carrying concealed weapons; or section 2923.13, having weapons while under disability.

(7) Prisoners are not to have a designated security level of, level 4 or higher.

(8) Prisoners are not to be currently confined in any institutional control status as a result of any disciplinary action.

(9) Prisoners are not to be subject to a detainer for any sentence of imprisonment imposed but not fully served, for any post-release control, parole, or probation violation, or is subject to a wanted detainer or a notify detainer for any untried felony charge or for any U.S. immigration action.

(10) Prisoners are not to have any past or current convictions or juvenile adjudications for a violation of any sex offense included in Chapter 2907. of the Revised Code, except for violations of solicitation, section 2907.24, or prostitution, section 2907.25 of the Revised Code.

(11) Excluding convictions due to absconding supervision, prisoners are not to have any past or current convictions for escape, section 2921.34.

(12) Prisoners are not to have any past or current convictions or juvenile adjudications for arson, section 2909.03, or aggravated arson, section 2909.02 of the Revised Code.

(13) Prisoners are not to have any past or current convictions for conspiracy, section 2923.01, attempt, section 2923.02, or complicity, section 2923.03 of the Revised Code where the underlying offense is prohibited by this rule.

Last updated August 17, 2026 at 8:05 AM

History

Effective: August 17, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-02 Screening, selection, and notice of transfer.

(A) All prisoners are screened to determine initial transitional control eligibility based on the criteria established in rule 5120-12-01 of the Administrative Code.

(B) Prisoners serving any indeterminate sentence and deemed eligible shall be considered for transitional control by the parole board. If a projected parole date has been determined as of the effective date of this rule, the prisoner shall be considered without a hearing by a panel of the parole board.

(C) Prisoners serving a definite sentence shall be determined eligible for transfer to transitional control by means of a review of the prisoner's record by the division of parole and community services.

(D) At least sixty days prior to transferring to transitional control a prisoner who is serving a definite term of imprisonment or definite prison term of less than one year for an offense committed on or after July 1, 1996, or who is serving a minimum term of less than one year under a non-life felony indefinite prison term, the department of rehabilitation and correction shall give notice of the pendency of the transfer to the sentencing court and of the fact that the sentencing court may disapprove the transfer of the prisoner to transitional control. If the court disapproves the transfer of the prisoner to transitional control, the division of parole and community services shall not proceed with the transfer. If the court does not disapprove the transfer, the division may transfer the prisoner to transitional control.

(E) The department shall notify any victim or victim's representative who is required to be given notice under section 2930.16 of the Revised Code in accordance with the requirements of that section.

(F) If it is determined at any time that the prisoner will not be placed on transitional control, the prisoner will be notified in writing of this fact.

Last updated October 5, 2026 at 9:14 AM

History

Effective: October 5, 2026
Promulgated Under: 119.03

Ohio Adm.Code 5120-12-03 Transfer, transportation and rules of participation.

(A) The bureau of community sanctions has the following transitional control responsibilities:

(1) Notify the bureau of records and institution designee concerning the status of each prisoner approved for transfer to a halfway house facility.

(2) Coordinate the transfer and transportation of the prisoner with the institution, and the halfway house facility where the prisoner will be confined.

(3) If a prisoner becomes ineligible due to newly discovered evidence, institutional disciplinary infractions subsequent to the transfer approval, input from the victim, or where the transfer would be contrary to law or inconsistent with the purposes of transitional control, the prisoner will be referred back to the parole board for reconsideration for sentences for offenses committed before July 1, 1996, and notified of the reasons for the referral in writing. Prisoners sentenced for an offense committed on or after July 1, 1996 who become ineligible due to one of the foregoing reasons will be notified in writing by the bureau of community sanctions.

(B) The confining institution has the following responsibilities:

(1) After the prisoner is selected for transfer to transitional control, the institutional records officer or the parole board's designee at the institution in which the prisoner is confined will review the prisoner's file to ensure that the prisoner has not received an additional sentence, been the subject of an institutional disciplinary infraction subsequent to the transfer approval, been disapproved for transfer by the court,or otherwise become ineligible for release pursuant to section 2967.26 of the Revised Code or Chapter 5120-12 of the Administrative Code.

(2) The warden's designee coordinates the following:

(a) The prisoner may bring clothing, toiletry articles, and a limited amount of personal property or the prisoner may dispose of this property in a manner approved by the managing officer of the confining institution.

(b) If the prisoner is taking any prescription medication, the prisoner will be examined by the institution physician to determine whether the prisoner will need medication during the pendency of the prisoner's transfer release. If so, the physical will make appropriate arrangements to provide medications according to department of rehabilitation and correction policies.

(c) Prisoners on the mental health caseload who receive medication will be transferred to a halfway house facility and receive medications and follow-up appointments according to department policy.

(d) Any funds accumulated in the prisoner's institution account or due to the prisoner upon release are released to the prisoner or forwarded to the prisoner's halfway house to be deposited in the prisoner account maintained by the halfway house.

(e) Any additional information which is relevant to the health of the prisoner or to others housed with the prisoner, such as contagious viruses or diseases contracted by the prisoner, are reported to the bureau of community sanctions designee prior to transfer of the prisoner.

(f) Prisoners released on transitional control shall remain in inmate status but are subject to the supervision of the halfway house facility director and designees.

(C) Prisoners transferred to transitional control who fail to return as designated, or whose deviation from the terms of release constitute a substantial risk of failure to return as designated may be declared to be a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional facility is not credited toward the completion of the prisoner's prison term or period of supervision, but all other time on transitional control is credited.

(D) The prisoner will abide by all department of rehabilitation and correction's transitional control rules of participation and any rules, regulations, and conditions established by the halfway house facility. The prisoner will receive a copy of the written transitional control rules of participation and any rule, regulations, and conditions established by the halfway house facility. The prisoner will receive a copy of the written transitional control rules of participation and any applicable halfway house facility's rules,m regulations, and conditions. The prisoner acknowledges the receipt of these rules, regulations, and conditions by signing a copy. These rules, regulations, and conditions will include that the prisoner, prisoner's room, and prisoner's property are subject to search at any time by employees of the halfway house facility or department of rehabilitation and correction employees.

Last updated August 17, 2026 at 8:03 AM

History

Effective: August 17, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-04 Electronic monitoring of prisoners.

(A) Prisoners on transitional control may be confined, pursuant to division (A)(1) of section 2967.26 of the Revised Code, in a halfway house facility or a residence approved for this purpose and monitored by an electronic monitoring device. The following criteria will be considered prior to placing a prisoner on electronic monitoring at an approved residence.

(1) The prisoner's behavior and rule violation history.

(2) The suitability of the proposed residence as determined by paragraph (B) of this rule.

(3) The anticipated impact that the placement will have on the prisoner's ability to successfully reenter the community and reduce recidivism.

(B) Prior to placement of prisoners on an electronic monitoring device at a residence, the department of rehabilitation and correction will investigate the residence at which the prisoner proposes to reside to determine whether it is suitable. For the residence to be approved as suitable, the owner or the tenant of the property must sign a host agreement verifying their consent to the following conditions:

(1) The prisoner may reside at the residence;

(2) The department of rehabilitation and correction employees may enter the residence to ensure that the equipment is operating properly;

(3) The owner or tenant will not permit any firearm, dangerous ordinance, or dangerous weapon to be kept, stored at, or brought onto the premises during the time the prisoner on transitional control is residing there;

(4) The department of rehabilitation and correction employees may search the residence in which a prisoner on electronic monitoring resides when there is reasonable belief that the halfway house facility rules or department of rehabilitation adj correction rules of participation have been violated.

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

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

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

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

Last updated August 17, 2026 at 8:05 AM

History

Effective: August 17, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-05 Supervision fees, disbursement of earnings, and administration of the transitional control fund.

(A) The adult parole authority may require a prisoner who is transferred to transitional control, including prisoners placed on an electronic monitoring device while under transitional control, to pay a fee to the division of parole and community services for reasonable expenses incurred in supervising or confining the prisoner while in the transitional control program, in accordance with division (E) of section 2967.26 of the Revised Code.

(1) Payments received by the division will be deposited into the transitional control fund.

(2) A prisoner's inability to pay those expenses will not be grounds for refusing to transfer an otherwise eligible prisoner to transitional control.

(3) The transitional control fund will be used solely to pay costs related to the operation of the transitional control program.

(B) Prisoners in the transitional control program working at paid employment may be required to deposit their total earnings, less legally required payroll deductions or other authorized payroll deductions, into an account maintained through the licensed facility for this purpose. The division of parole and community services will have the ability to hold, disburse, or supervise the disbursement of these funds.

(C) Prisoners on transitional control status will meet their financial obligations by the allocation and disbursement of their net earnings as follows:

(1) Up to twenty-five per cent will be allocated as restitution to the victim(s) of the prisoner's offense(s) if the prisoner voluntarily requests or is under court order to make restitution payments.

(2) If child support payments are not being automatically garnished from a prisoner's wages, up to twenty-five per cent of any money earned by a prisoner who has a dependent child will be paid as follows:

(a) Prisoner earnings will be paid to the state department of human services when there is a dependent child receiving temporary assistance for needy families (TANF), under Chapter 5107. of the Revised Code.

(b) Money earned by a prisoner who is an obligor under a child support order will be paid to the child support enforcement agency administering the order for distribution to the obligee under the order.

(3) At least twenty-five per cent of the prisoner's earnings may be allocated to the prisoner's personal account. A prisoner may authorize payment from the prisoner's personal account upon approval of the supervising authority for the following purposes:

(a) Reasonable purchases, expenses or fees which are incidental to participating in the transitional control program.

(b) Payment of pre-existing fines, court costs or outstanding judgments from a court of competent jurisdiction.

(c) Payment of pre-existing debt, other than debt owed to members of the prisoner's immediate family, which the prisoner acknowledges in writing.

(d) Such other reasonable purposes that are approved in advance.

(D) Earnings or allowances to prisoners on transitional control will be collected by the director of the licensed facility where the prisoner is confined. The accounting, computations, and disbursements of such funds will be made in accordance with procedures established and approved by the division of parole and community services.

(E) Salaries, commissions, fees, bonuses, stipends, and subsidies earned while on transitional control are earnings which will be included when calculating gross earnings.

(F) Grants, educational loans, social security benefits, pensions, annuities, disability payments, worker's compensation, rental income, gifts, fees received from blood donations, and any other payment the attachment of which is prohibited by law will not be considered earnings.

(G) In the event a prisoner escapes and remains at large for a year or more, all earnings on deposit will be forwarded to the transitional control fund to be used to defray the cost of locating and transporting the absconded prisoner.

(H) The division of parole and community services will administer the transitional control fund, will deposit all moneys received from prisoners on transitional control into the fund, and will approve disbursements from the fund. Disbursements from the fund may be used for costs such as the following:

(1) The purchase of materials, supplies, equipment, and other costs associated with the transfer, transportation, supervision, or revocation of prisoners related to transitional control.

(2) The purchase of special services required for prisoners on transitional control.

(3) Other costs not specified that directly relate to the transitional control program or which benefit prisoners on transitional control.

(I) The division of parole and community services will maintain accurate records of deposits to and expenditures from the fund together with its current balance. The division will maintain such other information that may be necessary.

Last updated July 7, 2025 at 6:54 PM

History

Effective: July 3, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-06 Issuance of passes.

(A) The licensed facility may issue passes for the temporary release from a licensed facility of prisoners transferred to transitional control status for certain limited purposes in accordance with division (D) of section 2967.26 of the Revised Code.

(B) Passes may be issued only for the following purposes:

(1) To visit a dying relative;

(2) To attend the funeral of a relative;

(3) To visit with family;

(4) To arrange or attend employment

(5) To aid in the prisoner's rehabilitation and facilitate successful reentry, as determined by the facility director (or designee).

(6) To promote determinants of success and health as applied to corrections.

(C) A pass from a licensed facility in which a prisoner is confined on transitional control may only be granted for a period of time no longer than is reasonably necessary to accomplish the purpose or purposes for which the pass is intended and only if all of the following requirements are met and approved by the program director or designee of the licensed facility:

(1) Completion of the orientation phase.

(2) Completion of designated assessments and screenings.

(3) Development of a success plan or treatment plan.

(4) Demonstration of progress towards the criminogenic domains outlined in the goals and objectives established in the success plan or treatment plan.

(5) Demonstration of adherence to behavioral expectations.

(6) No single pass will exceed forty-eight consecutive hours.

(7) No prisoner on transitional control will be granted a pass to a destination outside the state of Ohio.

(8) A pass request for overnight leave will be granted only to a single pre-approved location.

(9) No prisoner on transitional control will be permitted to go on a pass to or be transported by an individual convicted of a felony offense within the past five years or released from felony supervision within the last five years unless authorized by the bureau of community sanctions.

(D) The pass approval process will follow the steps as outlined in this paragraph:

(1) Any prisoner on transitional control applying for a pass will submit the request to the case manager of the licensed facility in which the prisoner resides.

(2) The licensed facility will review the pass request.

(3) For any unescorted pass, the licensed facility will investigate the destination after receipt of the request for investigation. If the prisoner requests a pass outside the county of the licensed facility, they will request that the licensed facility serving the transitional control prisoners in that county or the adult parole authority unit serving the county of the pass location conduct the investigation. Minimally, the investigating authority will:

(a) Verify that the location of the pass is a legitimate residence.

(b) Verify that the prisoner will be residing with the person designated as host on the pass request and that a background investigation is completed by the bureau of community sanctions on all adults residing at the residence.

(4) The facility director or designee will approve or disapprove of the pass request, within a reasonable amount of time, and communicate their decision to the relevant parties. No pass request will be granted or considered valid unless signed by the facility director or designee.

(E) Passes are authorized at any time for a verifiable emergency when approved by the facility director or designee.

(F) Any prisoner released on a pass pursuant to this rule who violates any part of this rule or any condition or rule of transitional control, will be subject to a violation sanction, which may include revocation of transitional control. Any prisoner who presents an immediate threat to the safety or security of any person or place may be returned directly to the prison institution from which he was transferred to transitional control, notwithstanding any provision to the contrary in any other administrative rule.

(G) Any prisoner released on a pass who fails to return as designated, or whose deviation from the conditions and terms of the pass and the transitional control program constitutes a substantial risk of failure to return as designated, may be declared a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional institution will not be credited toward the completion of the prisoner's prison term or period of supervision, but all other time on transitional control will be so credited.

Last updated September 15, 2025 at 7:34 AM

History

Effective: September 13, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-07 Sanctions.

(A) Whenever a prisoner violates rules of the halfway house facility or the transitional control program rules of participation, the halfway house facility will take appropriate action in response to the violation behavior. Such action may include the imposition of a sanction, which may range from warning the prisoner to refrain from future violation behavior to referring the prisoner to the halfway house facility's behavioral review committee for a possible recommendation for return to a state correctional institution in accordance with division (F) of section 2967.26 of the Revised Code. The division of parole and community services and halfway house staff have discretion to reasonably impose various sanctions in response to violation behavior, as provided in the department of rehabilitation and correction policy.

(B) When a prisoner on transitional control status is believed to have violated any major participation rule of transitional control or major rule of the halfway house facility which may warrant the return to the state correctional institution, the bureau of community sanctions and the adult parole authority are to be informed of the violation by the facility as soon as possible, but no later than the next business day following discovery of the violation.

(C) If the decision is made to transfer a prisoner serving an indefinite sentence for a crime committed prior to July 1, 1996 to a state correctional institution as a sanction for a violation, a hearing will be held prior to the transfer. The hearing will be conducted by a parole board hearing officer or other neutral employee of the department of rehabilitation and correction and will conform with the guidelines contained in rule 5120:1-1-18 of the Administrative Code.

(D) A behavioral review committee composed of halfway house staff is to review alleged program rule violations by prisoners sentenced for crimes committed on or after July 1, 1996 that may result in a return to the institution. Prisoners are to be provided written notice of an alleged program rule violation. If the prisoner is unavailable due to incarceration or violator-at-large status, alleged violations of program rules are to be submitted in writing to the behavioral review committee. If the prisoner is available and disputes the alleged program rule violation, the prisoner may submit information in writing to the behavioral review committee stating the reasons for his or her objection. After reviewing an alleged violation and any written information submitted by the prisoner, the committee will make a recommendation to the bureau of community sanctions regarding the prisoner's termination from the program and return to prison pursuant to rule 5120-12-08 of the Administrative Code. Prior to making its recommendation, the committee may require the prisoner to appear before the committee and submit additional information. The chair of the committee will be a member of the management of the halfway house staff.

Last updated October 8, 2026 at 7:58 AM

History

Effective: October 8, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-12-08 Return to the institution for administrative reasons.

(A) A prisoner will be removed from the transitional control program and returned to prison if any of the following events occur:

(1) After transfer to transitional control status, it is learned that the prisoner does not meet all of the eligibility requirements set forth in rule 5120-12-01 of the Administrative Code.

(2) After transfer to transitional control status, the prisoner requests to voluntarily withdraw from the transitional control program for reasons deemed appropriate by the bureau of community sanctions.

(3) The department of rehabilitation and correction obtains information that the prisoner has received an added sentence or information about a conviction that makes the prisoner ineligible.

(4) A jurisdiction files with the department of rehabilitation and correction a detainer for one or more unadjudicated felony charges, a sentence imposed but not yet served, a parole or probation violation, or any other reason which causes the bureau of community sanctions to believe that the prisoner is an escape risk.

(5) A jurisdiction subpoenas a prisoner to testify or appear at an out of state hearing.

(6) Circumstances arise, through no fault of the prisoner, which prevents the completion of the transitional control program in the community.

(7) Unacceptable adjustment to the transitional control program or program rule violations.

(8) Any other reason deemed appropriate by the bureau of community sanctions.

(B) A prisoner in the transitional control program may be returned to prison, subject to reinstatement to the program, whenever the prisoner's physical or mental health renders the prisoner substantially incapable of participating in the transitional control program or or requires treatment that can be provided more efficiently or cost-effectively in prison.

(C) Returns pursuant to this rule will be made upon written order of the bureau of community sanctions designee. The order will include the reasons for the return and whether the return is temporary or permanent. A copy of the order will be given to the prisoner as soon as practical.

(D) Upon completion of the necessary course of treatment, and completion of a medical, psychological, or psychiatric evaluation of the individual's health, the warden or their designee may refer the prisoner's records back to the bureau of community sanctions for consideration of the prisoner's return to the transitional control program.

Last updated August 17, 2026 at 8:03 AM

History

Effective: August 17, 2026
Promulgated Under: 111.15

Chapter 5120-13 Ohio Risk Assessment System

Ohio Adm.Code 5120-13-01 Ohio risk assessment system.

(A) Section 5120.114 of the Revised Code requires the department of rehabilitation and correction to identify a single validated risk assessment tool to be used by courts, probation departments, and other entities to assess an adult offender's risk of reoffending and to assess the offender's rehabilitative needs.

(B) The department of rehabilitation and correction hereby selects the Ohio risk assessment system (ORAS) created by the university of cincinnati's center for criminal justice research as the single validated risk assessment tool to be used for the purposes described in paragraph (A) of this rule. ORAS shall remain the risk assessment tool identified by the department pursuant to section 5120.114 of the Revised Code until such time as the department amends this rule to identify a different tool.

Last updated February 18, 2026 at 8:21 AM

History

Effective: December 1, 2011
Promulgated Under: 111.15

Chapter 5120-14 Certificate of Achievement and Employability

Ohio Adm.Code 5120-14-01 Certificate of achievement and employability.

(A) As used in this rule:

(1) "Cognitive or behavioral improvement programs" means evidence-based programs that focus upon the thinking patterns and social skills of the offender.

(2) "Licensing agency" has the same meaning as in section 2961.21 of the Revised Code.

(B) An offender who is incarcerated in a state correctional institution or is under the supervision of the adult parole authority on parole or post-release control may apply to the department of rehabilitation and correction for a certificate of achievement and employability if the offender satisfies all of the following:

(1) While incarcerated, the offender completed one or more of the following vocational programs:

(a) Career technical;

(b) Apprenticeship;

(2) The offender has completed one or more of the following cognitive or behavioral improvement programs while incarcerated, while under supervision, or both:

(a) Thinking for a change or a substantially equivalent program available in the community;

(b) Therapeutic community;

(d) Succeeding at home or a substantially equivalent program available in the community;

(e) Alcohol and drug addiction partnership treatment (ADAPT) or a substantially equivalent program available in the community.

(3) The offender has completed at least one hundred twenty hours of community service hours while incarcerated, under supervision, or both;

(4) The offender has demonstrated achievement and rehabilitation while under the department's jurisdiction, as evidenced by the offender accomplishing one or more of the following:

(a) Completing a career enhancement program;

(b) Completing adult basic education (ABE);

(d) Completing pre-GED education;

(e) Obtaining a high school diploma;

(f) Completing an anger management course;

(g) Completing the cage your rage program;

(h) Completing a stress management program;

(i) Completing the personal responsibility for violence elimination (PROVE) program;

(j) Completing the victim awareness program.

(C) Offenders who are eligible for a certificate of achievement and employability under paragraph (B) of this rule and who wish to be considered for a certificate shall apply to the department of rehabilitation and correction on a form prescribed by the department. The applicant shall identify on the application the specific licensure or employment being sought by the applicant. The applicant shall also identify the specific licensing agency that controls the applicant's access to such license or employment. An offender who is incarcerated in a state correctional institution may apply for a certificate no earlier than one year prior to the offender's scheduled release date and no later than the offender's date of release, unless the offender is subject to a period of parole or post-release control following the offender's release. An offender who is under the supervision of the adult parole authority on parole or post-release control may apply for a certificate at any time before the offender's period of parole or post-release control concludes.

(D) Upon the filing of an application for a certificate of achievement and employability, the department shall:

(1) Notify each licensing agency potentially affected by the application that the application has been filed;

(2) Provide to each such licensing agency a copy of the application and information in the department's possession pertaining to the programming, community service, and other evidence of achievement and rehabilitation identified in paragraphs (B)(1) to (B)(4) of this rule.

(E) The department shall afford each licensing agency notified of an application under paragraph (D) of this rule an opportunity to file with the department written objections to the application. The department shall consider such objections in determining whether to grant or deny an application for a certificate under this rule.

(F) The department shall revoke any certificate issued to an offender under this rule if, after issuing the certificate to the offender, the offender is committed to the department's custody for the commission of any felony or the department otherwise learns that, after receiving the certificate, the offender was convicted of any offense other than a minor misdemeanor or a traffic offense. The department shall not revoke a certificate on the basis of any violation of a condition of a conditional pardon, parole, transitional control, or post-release control unless the violation is also a criminal offense under the Revised Code.

Last updated July 16, 2026 at 7:58 AM

History

Effective: December 1, 2011
Promulgated Under: 111.15

Chapter 5120-15 Certification of Qualification for Employment

Ohio Adm.Code 5120-15-01 Certification of qualification for employment.

(A) All individuals that satisfy the eligibility criteria specified in paragraph (C) or (D) of this rule may petition the deputy director of the division of parole and community services for a certificate of qualification for employment pursuant to section 2953.25 of the Revised Code. by filing a petition through the designated website at https://www.drccqe.com.

(B) An individual is eligible to file a petition with the deputy director of parole and community services for a certificate of qualification for employment, if the following criteria are met:

(1) The individual is subject to one or more collateral sanctions as defined by section 2953.25 of the Revised Code;

(2) If the offense that resulted in the collateral sanction is a felony, it has been more than one year since the individual has been released from all sanctions, including incarceration in a state or local facility or any term of supervision, imposed for that offense;

(3) If the offense that resulted in the collateral sanction is a misdemeanor, it has been more than six months since the individual has been released from all sanctions, including incarceration in a state or local facility or any term of supervision, imposed for that offense.

(C) Pursuant to division (B)(4)(b) of section 2953.25 of the Revised Code, an individual may file an early petition for a certificate of qualification for employment if the individual meets the eligibility criteria specified in paragraph (C)(1) of this rule and one or more of the following criteria applies:

(1) If the individual has been released from prison after receiving ninety days of credit toward satisfaction of the person's stated prison term or a ten per cent reduction of the person's stated prison term under division (A)(2) of section 2967.193 of the Revised Code, the individual may apply at any time after release from incarceration.

(2) If the individual has been released from prison and received a certificate of achievement and employability under section 2961.22 of the Revised Code, the individual may apply at any time after release from incarceration.

(3) If the individual has been released from incarceration in a local facility, upon recommendation of the sheriff or designee, the individual may apply at any time after release from incarceration. If the individual was neither incarcerated nor received community control (i.e, the individual only received a ticket or citation), the individual may apply at any time.

(4) If the individual receives early termination of community control or the recommendation of the chief of probation or designee and the individual, has complied with all special conditions, and has no outstanding fines or restitution, the individual may apply upon such termination of community control.

(D) All petitions for a certificate of qualification for employment shall be made on the form prescribed by the division of parole and community services under this rule and filed through the designated website at https://drccqe.com.

(E) The department of rehabilitation and correction ("department") shall establish a secure electronic database, an electronic petition, and instructions regarding how to complete the electronic petition on the internet. Individuals may establish a free account with the division of parole and community services ("electronic account") to access this system, complete and submit an electronic petition, as well as receive notices regarding that individual's petition and/or certificate through links established and maintained on the website of the department.

(F) Courts may establish a free account with the division of parole and community services ("electronic account") to access the system, review completed electronic petitions, receive notices regarding electronic petitions filed, and provide the department with information regarding petitions that are granted and denied by the court.

(G) The secure electronic database established on the website of the department shall be able to track and report the data required by divisions (K) and (L) of section 2953.25 of the Revised Code.

(H) The petition and instructions regarding how to properly complete and submit the petition electronically are accessible on the website of the department. The petition shall include, but is not limited to, all of the following questions and fields that must be completed in full by the individual:

(1) The individual's name, date of birth, and social security number;

(2) All aliases of the individual and all social security numbers associated with those aliases;

(3) The individual's contact information, including complete residence address with the city, county, and state of residence, a working email address and one or more phone numbers;

(4) The length of time that the individual has resided in the individual's current state of residence, expressed in years and months of residence;

(5) A general statement as to why the individual has filed the petition and how the certificate of qualification for employment would assist the individual;

(6) A description of how the individual intends to use the certificate of qualification of employment if granted. The description must include whether the individual intends to use the certificate to obtain an occupational license from a state licensing board, and if so, indicate the type of occupational license and which state licensing board. If the individual does not intend to use the certificate to obtain an occupational license, the individual must indicate that he or she intends to obtain employment and use the certificate as a means to provide potential employers with immunity under division (G) of section 2953.25 of the Revised Code.

(7) A summary of the individual's criminal history, except for information contained in any record that has been sealed under section 2953.32 of the Revised Code, with respect to each offense that is a disqualification from employment or licensing in an occupation or profession, including the county of conviction or plea of guilty for each of those offenses, the year of conviction or plea of guilty for each of those offenses, and whether each offense was a felony or misdemeanor;

(8) A summary of the individual's employment history, specifying each employer's name, complete address, and phone number, as well as the dates of employment with each employer;

(9) The name(s), complete address(es), and phone number(s) of one or more verifiable references and endorsements;

(10) The name(s), complete address(es), and phone number(s) of one or more immediate family members of the individual or other persons with whom the individual has a close relationship, who support the individual's reentry plan.

(11) A summary of the reasons the individual believes the certificate of qualification for employment should be granted.

(12) A summary of the reasons why a certificate will materially assist the individual in obtaining employment or occupation licensing.

(13) A summary of the reasons why the individual has a substantial need for a certificate in order to live a law-abiding life.

(14) A summary of the reasons why granting the petition would not pose an unreasonable risk to the safety of the public or any individual.

(15) A list of all previous petitions for a certificate of qualification for employment, including date and county for each filing and whether the petition was granted or denied.

(I) Records or information received by a court to assist the court with making its decision under section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.

(J) Upon an individual's submission of the electronic petition to the division of parole and community services, the division of parole and community services shall review the petition to determine whether it is complete. If the division of parole and community services determines that the petition is incomplete, the individual who submitted the incomplete petition will be notified through that individual's electronic account. If the division of parole and community services determines that the petition is complete, notice of the completed petition shall be forwarded to the clerk of courts for the court of common pleas of the county in which the individual resides through that court's electronic account. Notice shall also be sent through that individual's electronic account that the individual must visit the local clerk of court's office to complete filing and to pay any required deposit pursuant to local rule adopted by the court.

(K) All certificates of qualification for employment will be distributed electronically by the department upon an order from the common pleas court. Notice to the department of the court's final disposition may be provided through the court's electronic account or by forwarding a written copy of the petition and a copy of the final judgment entry granting or denying the petition to the division of parole and community services

(L) Each certificate of qualification for employment issued to an individual under this rule shall clearly indicate the purpose for which the certificate was granted. The indicated purpose for which the certificate was granted shall be consistent with the information provided to the court in response to question six under paragraph (I) of this rule or as otherwise directed by the court in the final judgment entry granting the petition. Each certificate of qualification for employment issued to an individual under this rule shall also clearly indicate that the certificate is presumed to be revoked if the individual is convicted of or pleads guilty to a felony offense subsequent to the issuance of the certificate and persons intending to rely on this certificate should first investigate the current criminal history of the named individual. If, after receiving the certificate, the individual is committed to the custody of the department for the commission of any felony, or the division of parole and community services otherwise learns that the individual has plead guilty to or was convicted of any felony offense, the division shall revoke that certificate.

(M) For purposes of tracking and reporting the information required by division (K) of section 2953.25 of the Revised Code, individuals that have been issued a certificate of qualification for employment have an obligation to report information to the division of parole and community services every six months after receipt of the certificate. To facilitate the reporting process, the division of parole and community services shall send periodic surveys to the electronic accounts and/or email accounts of individuals that have been issued a certificate of qualification for employment. The questions included in the survey shall include, but are not limited to:

(1) Whether the individual has been convicted of or plead guilty to a felony offense committed subsequent to the issuance of the certificate;

(2) Whether any decision-maker, as defined by section 2953.25 of the Revised Code, granted or denied the restoration of an occupational license or employment opportunity;

(3) Whether the individual is currently employed and whether the certificate of qualification for employment was instrumental in gaining this employment;

(4) If currently employed, the name of the employer and the type of industry, occupation and profession of employment.

(N) Pursuant to division (K) of section 2953.25 of the Revised Code, the department of rehabilitation and correction shall maintain a database that identifies granted certificates and revoked certificates and tracks the number of certificates granted and revoked, the industries, occupations, and professions with respect to which the certificates have been most applicable, and the types of employers that have accepted the certificates. The department shall annually create a report that summarizes the information maintained in the database and shall make the report available to the public on its internet web site.

(O) The department of rehabilitation and correction shall periodically review the certificates listed in the database required by division (K) of section 2953.25 of the Revised Code to identify those who are subject to revocation under that division. Upon identifying a certificate of qualification for employment that is subject to revocation, the department shall note in the database that the certificate has been revoked, the reason for revocation, and the effective date of revocation, which shall be the date of the conviction or plea of guilty subsequent to the issuance of the certificate.

Last updated July 16, 2026 at 7:58 AM

History

Effective: January 15, 2022
Promulgated Under: 119.03

Chapter 5120-16 Confidentiality for Persons Assisting in Carrying out Death Sentence

Ohio Adm.Code 5120-16-01 Confidentiality application for persons who assist in carrying out a court-ordered sentence of death by lethal injection.

(A) Section 2949.221 of the Revised Code was enacted to protect the identities of persons who assist the department of rehabilitation and correction in carrying out a court-ordered sentence of death by lethal injection, in order to protect those persons from harassment and potential physical harm. Pursuant to division (D)(2) of section 2949.221 of the Revised Code, a person who is not an individual must apply in writing to the director of the department of rehabilitation and correction to receive the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code. The purpose of this rule is to establish the procedure according to which a person who is not an individual may apply in writing to the director of the department of rehabilitation and correction for recognition of the rights, protections and limitations described in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code.

(B) As used in this rule, "person" has the same meaning as in section 1.59 of the Revised Code ("person" includes an individual, corporation, business trust, estate, trust, partnership, and association).

(C) The application procedure for a person who is not an individual to receive the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code is as follows:

(1) The person shall submit an application in the form of a letter or other written document to the director of the department of rehabilitation and correction, addressed to the current address of the department's operation support center. The application, in the form of a letter or other written document, shall:

(a) Identify the person by name, address and phone number;

(b) Identify the person's principal contact and his or her phone number and address;

(c) Identify the activity under division (B) of section 2949.221 of the Revised Code that qualifies the person for the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code;

(d) Expressly request that the director grant the person's application for the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code.

(2) Upon receipt of a person's application submitted pursuant to paragraph (C)(1) of this rule, the director, or the director's designee, shall review the application to determine whether the application complies with the procedures set forth in this rule.

(3) If a person's application complies with the procedures set forth in this rule, the director, or director's designee, may approve the person's application and provide written notice of such approval to the person's principal contact identified in the application.

(a) The director's approval notice shall advise the person that the person is entitled to the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code for a period of twenty years after the person ceases the qualifying activity described in the application pursuant to paragraph (C)(1)(c) of this rule.

(b) The director's approval notice shall also advise that, upon cessation of the qualifying activity contemplated by section 2949.221 of the Revised Code, the person must send written notice to the director of the department of rehabilitation and correction, addressed to the current address of the department's operation support center, advising that the person has ceased the qualifying activity and advising of the specific date the qualifying activity ceased.

(4) If a person's application does not comply with the procedures set forth in this rule, the director, or the director's designee, may deny the application and provide written notice to the person's principal contact identified in the application of the application's deficiencies.

(5) The denial of a person's application does not bar the person from submitting an additional application.

(6) All approved applications and director's approval notices are entitled to the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code. If any application of a person is denied by the director due to non-compliance with this rule, but that person subsequently submits an application that is approved by the director, then any prior denied applications of that person and any related director's notices of deficiencies concerning those prior applications shall also be entitled to the rights, protections and limitations specified in divisions (B)(1), (B)(2), and (B)(3) of section 2949.221 of the Revised Code.

Last updated February 11, 2025 at 10:20 AM

History

Effective: April 13, 2015
Promulgated Under: 111.15

Chapter 5120-17 Substance Use Disorder Treatment Program

Ohio Adm.Code 5120-17-01 Establishment of a community-based substance use disorder treatment program and minimum criteria defining eligibility.

(A) Section 5120.035 of the Revised Code requires the department of rehabilitation and correction to establish and operate a community-based substance use disorder treatment program for eligible prisoners. The purpose of this program is to provide substance use disorder assessment and treatment through community treatment providers to help reduce substance use relapses and recidivism for eligible prisoners while preparing them for reentry into the community.

(B) A prisoner transferred into the community-based substance use disorder treatment program continues to serve his or her prison term in the facility of a community treatment provider. A community treatment provider must be licensed pursuant to division (C) of section 2967.14 of the Revised Code and must be certified by the behavioral health under section 5119.36 of the Revised Code to provide substance use disorder treatment. The community treatment provider will, at a minimum, provide substance use disorder assessment and treatment services in accordance with standards created and certified by the department of behavioral health. A prisoner placed in the community-based substance use disorder treatment program is eligible to earn days of credit under section 2967.193 of the Revised Code for time spent in the program.

(C) A prisoner transferred into the community-based substance use disorder treatment program retains the status of imprisoned under a sentence imposed for a criminal offense. The prisoner will remain at the community treatment provider facility at all times unless authorized to leave. If authorized to leave, the prisoner is required to return at the designated time. Leaving without authorization or failure to return at the designated time will be considered an escape pursuant to section 2921.34 of the Revised Code and the department of rehabilitation and correction may declare the prisoner to be an escapee, stop the running of his or her sentence and request prosecution.

(D) The department of rehabilitation and correction may permit the prisoner to leave the community treatment provider facility to which he or she is assigned for approved activities. If the prisoner demonstrates satisfactory participation in the program, the department of rehabilitation and correction may, pursuant to division (C)(3) of section 5120.035 of the Revised Code and pursuant to rule 5120-17-04 of the Administrative Code, permit the prisoner to reside in the community at a residence approved by the community treatment provider or adult parole authority if it is determined that residing at the approved residence will help the prisoner prepare for reentry into the community and will help reduce substance use relapses and recidivism for the prisoner. Prisoners permitted to reside in the community at an approved residence will be monitored by an electronic monitoring device.

(E) In order to be eligible for transfer into the community-based substance use disorder treatment program, a prisoner must meet all of the following minimum criteria:

(1) The prisoner is confined in state correctional institution solely under a prison term imposed for a felony of the third, fourth or fifth degree that is not an offense of violence.

(2) It has been determined that the person has a substance use disorder using a standardized assessment tool.

(3) The prisoner has not more than twelve months remaining until expiration of the prisoner's stated prison term.

(4) The prisoner is eighteen years of age or older.

(5) As determined by the department of rehabilitation and correction, the prisoner does not show signs of drug or alcohol withdrawal, does not require medical detoxification, and is physically and mentally capable of uninterrupted participation in the substance use disorder treatment program.

(6) The prisoner's prison term was imposed by the court on or after July 1, 2015.

(7) The prisoner does not have a designated security level of level 3 or above unless otherwise approved by the department of rehabilitation and correction.

(8) The prisoner does not be currently confined in any institution control status as a result of any disciplinary action.

(9) The prisoner is not subject to a detainer for any sentence of imprisonment imposed but not fully served, for any post-release control, parole, or probation violation, or subject to a wanted detainer or a notify detainer for any untried felony charge or for any U.S. immigration action.

(10) The prisoner does not have any past or current convictions for a violation of any sex offense included in Chapter 2907. of the Revised Code, except for convictions for solicitation under section 2907.04 of the Revised Code and prostitution under section 2907.25 of the Revised Code.

(11) The prisoner has not, during the current prison term, been transferred into the treatment program and been removed from the program for failing to satisfactorily participate in the program or due to a violation pursuant to paragraph (A)(7) of rule 5120-17-08 of the Administrative Code. A removal from the program during a previous prison term does not disqualify the prisoner from participation in the program during the current or future prison terms.

(12) The prisoner does not have any past or current convictions for conspiracy under section 2923.01 of the Revised Code, attempt under section 2923.02 of the Revised Code, or complicity under section 2923.03 of the Revised Code, where the underlying offenses are prohibited by this rule.

Last updated April 24, 2026 at 8:22 AM

History

Effective: April 24, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-02 Screening and selection for transfer to community-based substance use disorder treatment program.

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

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

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

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

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

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

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

Last updated April 24, 2026 at 8:22 AM

History

Effective: April 24, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-03 Transfer, transportation and conditions of participation.

(A) The bureau of community sanctions has the following responsibilities:

(1) Notify the bureau of records and institution designee concerning the status of each prisoner approved for transfer to the facility of a community treatment provider.

(2) Coordinate the transfer and transportation of the prisoner with the prison institution and the facility of the community treatment provider where the prisoner will be confined and receive treatment.

(3) In the event that a prisoner becomes ineligible for transfer to a community treatment provider due to newly discovered evidence, institutional disciplinary infractions subsequent to the transfer approval, victim input, or for any reason when the transfer would be contrary to law or when the transfer would be inconsistent with the purposes of the community-based substance use disorder treatment program, the bureau of community sanctions will notify the prisoner in writing that the prisoner will not be transferred and the reason(s) for the disapproval.

(B) The confining institution has the following responsibilities:

(1) After the prisoner is selected for transfer to the community-based substance use disorder treatment program and has satisfactorily completed any programming or treatment ordered by the department of rehabilitation and correction or the department of behavioral health, the institutional designee where the prisoner is confined reviews the prisoner's file to ensure that the prisoner has not received an additional sentence or has otherwise become ineligible for transfer pursuant to section 5120.035 of the Revised Code or Chapter 5120-17 of the Administrative Code.

(2) The warden's designee coordinates the following:

(a) Prisoners may bring clothing, toiletry articles, and a limited amount of personal property or the prisoner may dispose of this property in a manner approved by the managing officer of the confining institution.

(b) If the prisoner is taking any prescription medication, the prisoner will be examined by the institution physician to determine whether the prisoner will need medication during the pendency of the prisoner's transfer. If so, the physician will make appropriate arrangements to provide medications according to department policy.

(c) Prisoners on the mental health caseload who receive medication will be transferred to a community treatment provider and receive medications and required follow-up appointments according to department policy.

(d) Any funds accumulated in the prisoner's institution account or due to the prisoner upon release are released to the prisoner or forwarded to the facility of the treatment provider in which the prisoner will be confined to be deposited in the prisoner account maintained by the community treatment provider.

(f) Prisoners transferred to transitional control remain in inmate status but will be subject to the supervision of the community treatment provider.

(C) Prisoners transferred to the facility of a community treatment provider who fail to return to the facility as designated, or whose deviation from the terms of release constitute a substantial risk of failure to return as designated, may be declared to be a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional facility is not credited toward the completion of the prisoner's prison term, but all other time in the treatment program is credited.

(D) The prisoner will abide by all of the department of rehabilitation and correction treatment transfer rules of participation and the rules, regulations, and conditions established by the community treatment provider . The prisoner will receive a written copy of the treatment program's rules, regulations, and conditions of participation in the program. The prisoner acknowledges receipt of the program's rules, regulations and conditions by signing a copy. The rules, regulations, and conditions will include that the prisoner, the prisoner's room, and prisoner's property are subject to search at any time by employees of the treatment provider or officers of the adult parole authority.

Last updated April 24, 2026 at 8:22 AM

History

Effective: April 24, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-04 Electronic monitoring of prisoners.

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

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

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

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

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

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

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

(a) The prisoner may reside at the residence.

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

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

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

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

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

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

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

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

Last updated October 5, 2026 at 9:14 AM

History

Effective: October 5, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-05 Supervision fees and disbursement of earnings.

(A) The department of rehabilitation and correction may require a prisoner who is transferred into the substance use disorder treatment program, including prisoners placed on an electronic monitoring device while in the program, to pay a fee to the division of parole and community services for reasonable expenses incurred in supervising or confining the prisoner while in the substance use disorder treatment program, in accordance with division section 5120.56 of the Revised Code.

(1) Payments received by the division are to be deposited into the rotary fund.

(2) A prisoner's inability to pay those expenses is not grounds for refusing to transfer an otherwise eligible prisoner into the substance use disorder treatment program.

(3) Payments deposited in the offender financial responsibility fund pursuant to this rule are to be used solely to pay costs related to the operation of the substance use disorder treatment program.

(B) Prisoners in the substance use disorder treatment program working at paid employment are to deposit their total earnings, less legally required payroll deductions or other authorized payroll deductions, into an account maintained through the treatment provider for this purpose. The department of rehabilitation and correction has the ability to hold, disburse, or supervise the disbursement of these funds.

(C) Prisoners in the substance use disorder treatment program are to meet their financial obligations by the allocation and disbursement of their net earnings as follows:

(1) Up to twenty-five per cent of the prisoner's net earnings is to be allocated as restitution to the victim(s) of the prisoner's offense(s) if the prisoner voluntarily requests or is under court order to make restitution payments.

(2) If child support payments are not being automatically garnished from a prisoner's wages, up to twenty-five per cent of the prisoner's net earnings who has a dependent child is to be paid as follows:

(a) Prisoner earnings are to be paid to the state department of human services when there is a dependent child receiving temporary assistance for needy families (TANF), under Chapter 5107. of the Revised Code.

(b) Money earned by a prisoner who is an obligor under a child support order is to be paid to the child support enforcement agency administering the order for distribution to the obligee under the order.

(3) At least twenty-five per cent of the prisoner's net earnings is to be allocated to the prisoner's personal account. A prisoner may authorize payment from the prisoner's personal account upon approval of the treatment provider for the following purposes:

(a) Reasonable purchases, expenses or fees which are incidental to participating in the substance use disorder treatment program.

(b) Payment of pre-existing fines, court costs or outstanding judgments from a court of competent jurisdiction.

(c) Payment of pre-existing debt, other than debt owed to members of the prisoner's immediate family, which the prisoner acknowledges in writing.

(d) Such other reasonable purposes that are approved in advance.

(D) Earnings or allowances to prisoners in the substance use disorder treatment program will be collected by the director of the treatment program facility where the prisoner is confined. The accounting, computations, and disbursements of such funds will be made in accordance with procedures established and approved by the department of rehabilitation and correction.

(E) Salaries, commissions, fees, bonuses, stipends, and subsidies earned while in the substance use disorder treatment program are earnings which will be included when calculating gross earnings.

(G) In the event a prisoner escapes and remains at large for a year or more, all earnings on deposit are to be forwarded to the offender financial responsibility fund to be used to defray the cost of locating and transporting the absconded prisoner.

(H) The department of rehabilitation and correction will deposit all moneys received from prisoners in the substance use disorder treatment program into the offender financial responsibility fund, and will approve disbursements from the fund. Disbursements from the fund may be used for costs such as the following:

(1) The purchase of materials, supplies, equipment, and other costs associated with the transfer, transportation, supervision, or revocation of prisoners related to the substance use disorder treatment program.

(2) The purchase of special services required for prisoners in the substance use disorder treatment program.

(3) Other costs not specified that directly relate to the substance use disorder treatment program or which benefit prisoners in the substance use disorder treatment program.

(I) The department of rehabilitation and correction is to maintain accurate records of deposits and expenditures related to the operation of the substance use disorder treatment program from the offender financial responsibility fund together with its current balance. The department of rehabilitation and correction will maintain such other information that may be necessary.

Last updated February 18, 2026 at 8:22 AM

History

Effective: July 3, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-06 Issuance of passes.

(A) The treatment provider may issue passes for the temporary release from a treatment facility of prisoners transferred into the substance use disorder treatment program for certain limited purposes. No passes are to be issued to a prisoner within thirty days of the prisoner's arrival to the treatment facility.

(B) Passes may be issued for the following purposes:

(1) To visit a dying relative;

(2) To attend the funeral of a relative;

(3) To visit with family;

(4) To arrange or attend employment;

(5) To aid in the prisoner's rehabilitation and facilitate successful reentry, as determined by the treatment provider facility director (or designee);

(6) To promote determinants of success and health as applied to corrections.

(C) A pass from a treatment provider facility in which a prisoner is confined in the substance use disorder treatment program may only be granted for a period of time no longer than is reasonably necessary to accomplish the purpose or purposes for which the pass is intended and only if all of the following requirements are met:

(1) Completion of the orientation phase.

(2) Completion of designated assessments and screenings.

(3) Development of a success plan or treatment plan.

(4) Demonstration of progress towards the criminogenic domains outlined in the goals and objectives established in the success plan or treatment plan.

(5) Demonstration of adherence to behavioral expectations.

(6) No single pass will exceed forty-eight consecutive hours.

(7) No prisoner in the substance use disorder treatment program is to be granted a pass to a destination outside the state of Ohio.

(8) A pass request for overnight leave is to be granted only to a single pre-approved location.

(9) No prisoner in the substance use disorder treatment program is permitted to go on a pass to or be transported by an individual convicted of a felony offense within the past five years or released from felony supervision within the last five years unless authorized by the bureau of community sanctions. Prisoners are not to be approved for a pass to a residence of any victim or co-defendant involved in any of the prisoner's past or present offenses.

(D) The pass approval process follows the steps as outlined in this paragraph:

(1) Any prisoner in the substance use disorder treatment program applying for a pass is to submit the request to the case manager in the treatment facility in which the prisoner resides.

(2) The treatment provider will review the pass request.

(3) For any unescorted pass, the treatment provider will investigate the destination after receipt of the request for investigation. If the prisoner requests a pass outside the county of the treatment provider, the provider will request that the treatment provider serving the treatment transfer prisoners in that county or the adult parole authority unit serving the county of the pass location conduct the investigation. Minimally, the investigating authority will: :

(a) Verify that the location of the pass is a legitimate residence.

(b) The Verify that the prisoner will be residing with the person designated as host on the pass request and that a background investigation is completed by the bureau of community sanctions on all adults residing in the residence.

(4) The treatment provider director or designee will approve or disapprove the pass request within a reasonable amount of time and communicate the decision to the relevant parties. No pass request will be granted or considered valid unless signed by the treatment provider director or designee.

(E) Passes are authorized at any time for a verifiable emergency when approved by the facility director or designee.

(F) Any prisoner released on a pass pursuant to this rule who violates any part of this rule or any condition or rule of the substance use disorder treatment program, is subject to a violation sanction, which may include revocation of the substance use disorder treatment program. Any prisoner who presents an immediate threat to the safety or security of any person or place may be returned directly to the prison institution from which he was transferred into the substance use disorder treatment program, notwithstanding any provision to the contrary in any other administrative rule.

(G) Any prisoner released on a pass who fails to return as designated, or whose deviation from the conditions and terms of the pass and the substance use disorder treatment program constitutes a substantial risk of failure to return as designated, may be declared a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional institution will not be credited toward the completion of the prisoner's prison term, but all other time in the substance use disorder treatment program will be so credited.

Last updated February 18, 2026 at 8:22 AM

History

Effective: September 13, 2025
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-07 Sanctions.

(A) Whenever a prisoner violates rules of the community treatment provider or rules of participation in the substance use disorder treatment program, the treatment provider will take appropriate action in response to the violation behavior. Such action may include the imposition of a sanction which may range from warning the prisoner to refrain from future violation behavior to referring the prisoner to the treatment provider's behavioral review committee for a possible recommendation for a return to a state correctional institution. The division of parole and community services and the treatment provider staff have discretion to reasonably impose various sanctions in response to violation behavior as set forth in department of rehabilitation and correction policy.

(B) When a prisoner in the substance use disorder treatment program is believed to have violated any major rule or condition of the program, which may warrant the revocation of transfer to the facility of the treatment provider, the bureau of community sanctions and the adult parole authority are to be informed of the violation as soon as possible, but no later than the next business day following the violation.

(C) A behavioral review committee composed of staff from the treatment provider facility is to review alleged program rule violations by prisoners that may result in a return to an institution. Prisoners are to be provided written notice of an alleged program rule violation. If the prisoner is unavailable due to incarceration or violator-at-large status, alleged violations of program rules are to be submitted in writing to the behavioral review committee. If the prisoner is available and disputes the alleged program rule violation, the prisoner may submit information in writing to the behavioral review committee stating the reasons for his or her objection. After reviewing an alleged violation and any written information submitted by the prisoner, the committee will make a recommendation to the bureau of community sanctions regarding the prisoner's termination from the program and return to prison pursuant to rule 5120-17-08 of the Administrative Code. Prior to making its recommendation, the committee may require the prisoner to appear before the committee and submit additional information. The chair of the committee will be a member of management of the treatment provider.

Last updated April 24, 2026 at 8:22 AM

History

Effective: April 24, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-08 Return to the institution for administrative reasons.

(A) A prisoner willbe removed from the substance use disorder treatment program and returned to prison if any of the following events occur:

(1) After transfer to the facility of a treatment provider, it is learned that the prisoner does not meet all of the eligibility requirements set forth in rule 5120-17-01 of the Administrative Code.

(2) After transfer to the facility of a treatment provider, the prisoner requests to voluntarily withdraw from the substance use disorder treatment program as deemed appropriate by the bureau of community sanctions.

(3) The department of rehabilitation and correction obtains information that the prisoner has received an added sentence or information about a conviction that makes the prisoner ineligible.

(5) A jurisdiction subpoenas a prisoner to testify or appear at an out of state hearing.

(6) Circumstances arise, through no fault of the prisoner, which prevents the completion of the substance use disorder treatment program in the community.

(7) Unacceptable adjustment to the substance use disorder treatment program or any program rule violation.

(8) Any other reason deemed appropriate by the bureau of community sanctions.

(B) A prisoner may be removed from the substance use disorder treatment program and returned to prison, subject to reinstatement to the program, whenever the prisoner's physical or mental health renders the prisoner substantially incapable of participating in the substance use disorder treatment program or requires treatment that can be provided more efficiently or cost-effectively in prison.

(D) Upon completion of the necessary course of treatment, and completion of a medical, psychological, or psychiatric evaluation of the individual's health, the warden or designee may refer the prisoner's records back to the bureau of community sanctions for consideration of the prisoner's return into the substance use disorder treatment program.

Last updated April 24, 2026 at 8:22 AM

History

Effective: April 24, 2026
Promulgated Under: 111.15

Ohio Adm.Code 5120-17-09 Successful completion of the program.

(A) A prisoner is deemed to have successfully participated in and completed the treatment program if the prisoner was not removed from the program and returned to a department of rehabilitation and correction institution and if the community treatment provider determines that the prisoner satisfactorily participated in the treatment program. The community treatment provider will make this determination in writing no later than fourteen days prior to expiration of the prisoner's stated prison term and is to provide a copy to the bureau of community sanctions. The community treatment provider is to include in its written notice of successful completion of the program an evaluation and description of the prisoner's participation in the treatment program and a description of the prisoner's needs regarding continued substance use disorder treatment upon release.

(B) The department , prior to expiration of the prisoner's stated prison term, and with input from the community treatment provider, is to prepare an evaluation and description of the prisoner's participation in the treatment program, and an evaluation of the prisoner's needs regarding substance use disorder treatment upon release. The parole board is to consider this evaluation when assessing the prisoner for mandatory or discretionary post-release control pursuant to section 2967.28 of the Revised Code.

Last updated July 16, 2026 at 7:59 AM

History

Effective: September 19, 2024
Promulgated Under: 111.15

Chapter 5120-18 Certificate for Qualification for Housing

Ohio Adm.Code 5120-18-01 Department of Rehabilitation and Correction Certificate for Qualification for Housing.

(A) The "Tenant education, training, and readiness programs that a prisoner may complete to satisfy the criteria described" in division (A) of section 2961.22 of the Revised Code refers to the program the department of rehabilitation and correction establishes by policy.

(B) A certificate of qualification for housing issued under section 2961.25 of the Revised Code will be revoked by the department of rehabilitation and correction if the individual to whom the certificate of qualification for housing was issued is convicted of or pleads guilty to a felony or a misdemeanor offense of violence committed after the issuance of the certificate of qualification for housing.

Last updated July 28, 2025 at 8:06 AM

History

Effective: July 27, 2025
Promulgated Under: 119.03

Ohio Adm.Code 5120-18-02 Court petition process for qualification for housing.

(A) An individual who is subject to one or more collateral sanctions for housing as a result of being convicted of or pleading guilty to an offense and who has not already received a certificate of qualification for housing under section 2961.25 of the Revised Code may file for a certificate of qualification for housing by doing either of the following:

(1) In the case of an individual who resides in this state, filing a petition with the court of common pleas of the county in which the person resides.

(2) In the case of an individual who resides outside of this state, filing a petition with the court of common pleas of any county in which any conviction or plea of guilty from which the individual seeks relief was entered.

(B) A petition under paragraph (A) of this rule will be made on a copy of the form prescribed by the division of parole and community services, and, except as provided in paragraph (E) of this rule, will be accompanied by an application fee of fifty dollars.

(C) ) An individual may file a petition under paragraph (A) of this rule at any time after the expiration of whichever of the following is applicable:

(1) If the offense that resulted in the collateral sanction for housing from which the individual seeks relief is a felony, at any time after the expiration of one year from the date of release of the individual from any period of incarceration in a state or local correctional facility that was imposed for that offense or, if the individual was not incarcerated for that offense, at any time after the expiration of one year from the date of the individual's final release from all other sanctions imposed for that offense;

(2) If the offense that resulted in the collateral sanction for housing from which the individual seeks relief is a misdemeanor, at any time after the expiration of six months from the date of release of the individual from any period of incarceration in a local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at any time after the expiration of six months from the date of the final release of the individual from all sanctions imposed for that offense including any period of supervision.

(D) A court of common pleas that receives a petition for a certificate of qualification for housing from an individual will attempt to determine all other courts in this state in which the individual was convicted of or pleaded guilty to an offense other than the offense from which the individual is seeking relief. The court will notify all other courts in this state that it determines under this paragraph were courts in which the individual was convicted of or pleaded guilty to an offense other than the offense from which the individual is seeking relief that the individual has filed the petition and that the court may send comments regarding the possible issuance of the certificate, and will notify the county's prosecuting attorney that the individual has filed the petition. A court of common pleas that receives a petition for a certificate of qualification for housing may direct the clerk of court to process and record all notices required in or under this section. Except as provided in paragraph (E) of this rule, the court will pay thirty dollars of the application fee into the state treasury and twenty dollars of the application fee into the county general revenue fund.

(E) Upon receiving a petition for a certificate of qualification for housing, a court of common pleas may waive all or part of the fifty-dollar-filing fee for an applicant who is indigent. If an application fee is partially waived, the first twenty dollars of the fee that is collected will be paid into the county general revenue fund. Any partial fee collected in excess of twenty dollars will be paid into the state treasury.

(F) Upon receiving a petition for a certificate of qualification for housing, the court will review the individual's petition, the individual's criminal history, except for information contained in any record that has been sealed under section 2953.32 of the Revised Code, all filings submitted by the prosecutor or by the victim in accordance with rules adopted by the division of parole and community services, the applicant's military service record, if applicable, and whether the applicant has an emotional, mental, or physical condition that is traceable to the applicant's military service in the armed forces of the United States and that was a contributing factor in the commission of the offense or offenses, and all other relevant evidence. The court may order any report, investigation, or disclosure by the individual that the court believes is necessary for the court to reach a decision on whether to approve the individual's petition for a certificate of qualification for housing, except that the court will not require an individual to disclose information about any record sealed under section 2953.32 of the Revised Code.

(G) Upon receiving a petition for a certificate of qualification for housing, except as otherwise provided in this paragraph, the court will decide whether to issue the certificate within sixty days after the court receives the completed petition and all information requested for the court to make that decision. Upon request of the individual who filed the petition, the court may extend the sixty-day period specified in this paragraph.

(H) Except as provided in paragraph (J) of this rule and subject to paragraph (L) of this rule, a court that receives an individual's petition for a certificate of qualification for housing may issue a certificate of qualification for housing, at the court's discretion, if the court finds that the individual has established all of the following by a preponderance of the evidence:

(1) Granting the petition will materially assist the individual in obtaining housing.

(2) The individual has a substantial need for the relief requested in order to live a law-abiding life.

(3) ) Granting the petition would not pose an unreasonable risk to the safety of the public or any individual.

(I) The submission of an incomplete petition by an individual will not be grounds for the court to deny the petition.

(J) Subject to paragraph (K) of this rule, an individual is rebuttably presumed to be eligible for a certificate of qualification for housing if the court that receives the individual's petition finds all of the following:

(1) The application was filed after the expiration of the applicable waiting period prescribed in paragraph (C) of this rule.

(2) If the offense that resulted in the collateral sanction for housing from which the individual seeks relief is a felony, at least three years have elapsed since the date of release of the individual from any period of incarceration in a state or local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at least three years have elapsed since the date of the individual's final release from all other sanctions imposed for that offense;

(3) If the offense that resulted in the collateral sanction for housing from which the individual seeks relief is a misdemeanor, at least one year has elapsed since the date of release of the individual from any period of incarceration in a local correctional facility that was imposed for that offense and all periods of supervision imposed after release from the period of incarceration or, if the individual was not incarcerated for that offense, at least one year has elapsed since the date of the final release of the individual from all sanctions imposed for that offense including any period of supervision.

(K) An application that meets all of the requirements for the presumption under paragraph (J) of this rule shall be denied only if the court that receives the petition finds that the evidence reviewed under paragraph (F) of this rule rebuts the presumption of eligibility for issuance by establishing, by a preponderance of the evidence, that the applicant has not been rehabilitated.

(L) A certificate of qualification for housing issued to an individual does not create relief from requirements imposed by Chapter 2950. of the Revised Code and rules adopted under sections 2950.13 and 2950.132 of the Revised Code.

(M) If a court that receives an individual's petition for a certificate of qualification for housing denies the petition, the court will provide written notice to the individual of the court's denial. The court may place conditions on the individual regarding the individual's filing of any subsequent petition for a certificate of qualification for housing. The written notice will notify the individual of any conditions placed on the individual's filing of a subsequent petition for a certificate of qualification for housing. If a court of common pleas that receives an individual's petition for a certificate of qualification for housing denies the petition, the individual may appeal the decision to the court of appeals only if the individual alleges that the denial was an abuse of discretion on the part of the court of common pleas.

(N) A certificate of qualification for housing issued under section 2953.26 of the Revised Code will be revoked by the court if the individual to whom the certificate of qualification for housing was issued is convicted of or pleads guilty to a felony or a misdemeanor offense of violence committed after the issuance of the certificate of qualification for housing.

Last updated October 8, 2026 at 7:59 AM

History

Effective: October 8, 2026
Promulgated Under: 119.03