5139-68-07. Appeal of release review

The purpose of this rule is to provide consistent guidelines and criteria on appeals to the release authority regular release review process.

(A) Any youth that has his/her release date extended by more than thirty days of continuance time may appeal, in writing, the panel decision within seven days of receipt of the decision if one of the following conditions exists:

(1) Relevant additional or missing information was not considered; or,

(2) Required treatment or rehabilitative services is disputed; or,

(3) Administrative procedures were not followed; or,

(4) Any other factor which would render the result manifestly unjust.

(B) The youth may choose to have the assigned institutional youth advocate assist him/her in the process.

(C) A youth may not appeal any intervention time as the intervention hearing process contains an appeal process.

(D) The division of legal services shall review the appeal and make a decision within ten business days.

(E) If the division of legal services grants the appeal, the youth shall be entitled to a special review by another panel.

(F) The decision of the special review panel is final and binding.

Five Year Review (FYR) Dates: 9/10/2019 and 09/10/2024
Promulgated Under: 119.03
Statutory Authority: 5139.04
Rule Amplifies: 5139.50
Prior Effective Dates: 10/20/2014

Prior History: (Effective: 10/20/2014
Five Year Review (FYR) Dates: 10/20/2019
Promulgated Under: 119.03
Statutory Authority: 5139.04
Rule Amplifies: 5139.50)