5120:1-14-03. Requirements for facility governing boards in the operation of community based correctional facilities

(A) This rule sets forth the minimum requirements of operation that must be met by each facility governing board.

(B) All programs shall have stated goals and measurable objectives within the proposal submitted to the division of parole and community services. Approved programs must operate in a manner consistent with achievement of stated goals and objectives.

(C) Community-based correctional facilities and programs shall have seven-day-a-week, twenty-four-hours-a-day supervisory coverage.

(D) The community-based correctional facility shall afford equal treatment to offenders and staff without discrimination as to age, sex, handicap, race, religion, or national origin.

(E) Each facility governing board shall have a written policy prohibiting any conflict of interest in accordance with Ohio ethics law.

(F) Each facility governing board shall have policies and procedures which shall be available to all employees that shall include:

(1) Job description and job qualifications;

(2) Recruitment, training, and supervision of staff;

(3) Orientation of new staff;

(4) Promotional opportunities;

(5) Disciplinary policies and procedures.

(G) Community-based correctional facilities must be constructed or modified, and maintained and operated so that they comply with design guidelines and operating standards for community-based correctional facilities in Ohio.

(H) Each community-based correctional facility shall be used to confine felony offenders sentenced by a court or courts or referred by a legal entity. The facilities shall be secure and contain any other measures necessary to ensure community safety.

(I) Each community-based correctional facility and program receiving funds from the department of rehabilitation and correction shall comply with statistical requirements as set forth by the division of parole and community services for the purpose of evaluating the facility and program.

(J) Each community-based correctional facility and program shall provide a thirty-day orientation period during which each offender is evaluated to determine placement. During the orientation period no offender shall be released from the facility except for that offender's medical emergency.

(K) All persons who staff the community-based correctional facility and programs, including those who receive some or all of their salaries from state financial assistance, are not employees of the department of rehabilitation and correction.

(L) Persons hired to staff community-based correctional facilities and programs shall be unclassified employees of facility governing boards or contract providers. Each facility governing board shall develop and adopt personnel policies and procedures for hiring, promoting, demoting, suspending, and removing its employees.

(M) Each community-based correctional facility and program shall regularly advise courts of the availability of facilities and programs for proper sentencing decisions and realistic evaluation of alternatives.

(N) Each community-based correctional facility and program shall maintain a case record for each individual admitted to the facility and program which shall contain clear, concise, accurate, and current information. The maintenance and security of individual case records shall be the responsibility of the director of the community-based corrections facility and program, or the director's designee.

Replaces: 5120:1-14-03

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, 4/24/03, 1/12/07

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, 4/24/03, 1/12/07 )