5120:1-1-31. Detainers

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

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

(C) If such offender is within the state of Ohio:

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

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

(D) When any employee of the department of rehabilitation and correction has received any information which gives him reasonable grounds to believe that an offender has violated, or is about to violate, any of the terms or conditions of his supervision or sanction and commits an overt act toward such violation, such information shall immediately be reported, in writing, to the supervising officer of the offender with a copy to the unit supervisor, or directly to the unit supervisor, in writing, if the information is based upon the supervising officer's own knowledge or observations.

(1) Immediately upon receipt of such information by the offender's supervising officer, such supervising officer shall consult with the unit supervisor regarding whether a detainer should be issued or placed against such releasee. In the case of any emergency, a detainer may be filed by the supervising officer, pending review by the unit supervisor which shall be done at the earliest practicable time.

(2) When a detainer is issued or filed, the unit supervisor shall immediately send a written report of such action to the chief of the adult parole authority, or designee, and state why no alternative disposition was available or feasible.

(3) In the event a detainer is not filed, the unit supervisor shall immediately send a written report supporting such action, providing alternative programming, to the chief of the adult parole authority or designee, whenever the alleged violation involves a violation of state or federal law, the action of the release has resulted in property damage or physical injury to any persons, or the alleged violation is of a special condition of supervision or sanction placed on the offender pursuant to rule 5120:1-1-12 of the Administrative Code. All other alleged violations shall be reported to the chief of the adult parole authority, or designee, pursuant to periodic reporting requirements.

(4) Within ten business days following the issuance or filing of a detainer, the unit supervisor shall file the complete violation report.

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

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

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

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

(3) The risk level, overall history of the offender, the strength and seriousness of the allegation, proximity or danger to victims, repeated failure in programming, and review of the violations hearing grid, (DRC 3458;)

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

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

Five Year Review (FYR) Dates: 03/10/2016 and 01/08/2021
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.03
Rule Amplifies: 2967.15, 5149.21
Prior Effective Dates: 4/1/75, 9/7/78, 12/20/96, 6/13/09

Prior History: (R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5149.03
Rule Amplifies: 2967.15, 5149.21
Prior Effective Dates: 4/1/75, 9/7/78, 12/20/96, 6/13/09 )