5120:1-14-02. Eligibility requirements for community based correctional facilities and programs

(A) This rule establishes the minimum eligibility requirements that must be met by participating counties for establishing single county or district community-based correctional facilities and programs.

(B) Single county community-based facilities and programs:

(1) Any county desiring to establish a single county community-based correctional facility and program must be within a county whose population is two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each facility governing board must develop, adopt and submit to the division of parole and community services a proposal for the development, implementation, and operation of a community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal establishing a community-based correctional facility and program which has been submitted by the facility governing board, no person can be sentenced or referred to the facility or program.

(C) District community-based facilities and programs:

(1) Two or more adjoining or neighboring counties desiring to establish a district community-based correctional facility and program must have an aggregate population of two hundred thousand or more.

(2) A judicial advisory board must be established pursuant to division (A)(3)(a) of section 2301.51 of the Revised Code.

(3) A facility governing board must be established pursuant to division (A)(3)(c) of section 2301.51 of the Revised Code.

(4) Each district facility governing board must develop, adopt, and submit to the division of parole and community services a proposal for the development, implementation, and operation of a district community-based correctional facility and program located in the county using the requirements specified in rule 5120:1-14-03 of the Administrative Code.

(5) Prior to approval by the division of parole and community services of a proposal to establish a district community-based correctional facility and program which has been submitted by the facility governing board, no person can be referred or sentenced to the facility or program.

(D) Each facility governing board must specify in the proposal, in order to receive division of parole and community services funds for the maintenance, implementation, and operation of a community-based corrections program a clear obligation to reduce the number of offenders committed to state penal institutions. Proposals for the establishment of community-based correctional facilities and programs shall emphasize programming that assists the offender in the community while maintaining public safety.

(E) A fiscal agent shall be designated to be responsible for the supervision of all fiscal matters related to state funds received by the facility governing board and subject to the rules set forth in division (G)(1) of section 2301.55 of the Revised Code.

(F) Each facility governing board shall ensure that the community-based correctional facility and program complies with federal, state and county audit rules governing the management of funds and shall complete fiscal reports and forward to the department of rehabilitation and correction.

(G) Each facility governing board shall maintain and operate facilities and programs that meet the requirements adopted in section 5120.112 of the Revised Code.

(H) Each facility governing board must meet all provisions of rules 5120:1-14-01 to 5120:1-14-10 of the Administrative Code and must comply with relevant local, state, and federal laws.

Replaces: 5120:1-14-02

Five Year Review (FYR) Dates: 03/10/2016 and 01/08/2021
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5120.111
Rule Amplifies: 2301.51, 2301.52, 2301.55, 2301.56, 2301.57, 2301.571, 2301.58, 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06

Prior History: (R.C. 119.032 review dates: 01/04/2011 and 01/04/2016
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5120.111
Rule Amplifies: 2301.51, 2301.52, 2301.55, 2301.56, 2301.57, 2301.571, 2301.58, 5120.112
Prior Effective Dates: 3/28/83, 9/1/97, 4/1/01, 12/15/06 )