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 residence approved for this purpose and/or be monitored by an electronic monitoring device in an approved residence.

(B) After an appropriate length of stay, prisoners confined in a halfway house under transitional control may be moved to an approved residence and placed on electronic monitoring to complete their period of transitional control. The decision to place a prisoner on electronic monitoring in this manner shall be made by the supervising authority. This paragraph shall not be construed to prohibit the transfer of a prisoner directly to electronically monitored home confinement in appropriate circumstances.

(C) Prior to placement of prisoners on an electronic monitoring device at a residence, the appropriate supervision unit of the adult parole authority or halfway house designee shall investigate the residence at which the prisoner proposes to reside 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 conditions below:

(a) The prisoner may reside at the residence.

(b) The supervising authority, or employees of the monitoring center may enter the residence to ensure that the equipment is operating properly.

(c) They 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.

(d) The supervising authority may search the residence in which a prisoner on electronic monitoring resides when the officer has a reasonable belief that conditions of supervision have been violated or are about to be violated.

(2) The investigating authority must determine that the residence would be conducive to the prisoner making a satisfactory adjustment to electronic monitoring and transitional control status.

(D) When a prisoner is being considered for placement on an electronic monitoring device the adult parole authority unit supervisor or halfway house designee shall assign the residence investigation to the appropriate investigating authority to complete. If it is determined that the residence is suitable, the investigating authority shall have the owner or tenant sign the host agreement required by paragraph (C)(1) of this rule.

(E) The department of rehabilitation and correction may contract for the installation of the electronic monitoring equipment at the prisoner's residence and the hook-up of the prisoner to the electronic monitoring device and equipment.

(F) The department of rehabilitation and correction may contract for the continuous monitoring of each prisoner on electronic monitoring and for the verification of the status/location of the prisoner when a signal is received that indicates a possible power/equipment failure, equipment tampering, a prisoner out of place, or any other type of abnormality or unusual occurrence.

(G) The contract for the electronic monitoring service shall include the requirement that the halfway house shall immediately investigate and notify the appropriate adult parole authority field supervision unit as soon as possible of any major abnormalities or unusual occurrences that may signify serious offender violations. The halfway house shall document the occurrence and the fact that notification was made.

(H) Upon notification that a prisoner is out of place or is not at the approved location, the supervising authority shall take appropriate action as soon as possible to confirm that the prisoner is still confined at the approved location, or if not so confined take steps to ensure that reasonable efforts are made to locate the prisoner and to resume custody of the prisoner. The notification and all such efforts shall be documented.

(I) The supervising authority shall approve the prisoner's case plan and electronic monitoring program, including weekly itinerary, and any major activity not a part of the pre-approved program.

Five Year Review (FYR) Dates: 1/8/2018 and 01/08/2023
Promulgated Under: 111.15
Statutory Authority: 2967.26, 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 03/16/1998 (Emer.), 06/01/1998, 04/10/2003, 12/08/2006, 10/24/2011

Prior History: (R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 111.15
Statutory Authority: 2967.26, 5120.01
Rule Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98, 4/10/03, 12/8/06, 10/24/2011)