5120-17-09 Successful completion of the program.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Rehabilitation and Correction

Agency Name

 

Ryan Dolan

Division                                                                  Contact

 

770 West Broad Street 2nd floor Columbus OH 43222-0000

614-644-7233

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

5120-17-09

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Successful completion of the program.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB64                 General Assembly: 131           Sponsor: Ryan Smith

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 5120.01, 5120.035

5.  Statute(s) the rule, as filed, amplifies or implements: 5120.035

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Proposing this rule pursuant to newly enacted R.C. 5120.035.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule describes the responsibilities of ODRC and the treatment provider upon an offender's successful completion of the substance use disorder treatment program.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Not Applicable.

12.  Five Year Review (FYR) Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

n/a

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

n/a

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This rule does create a "cost of compliance" for treatment providers - it requires treatment providers to prepare a written evaluation and summary of each prisoner's participation in the program. This written evaluation requirement is made necessary by R.C. 5120.035. However, ODRC is funding the treatment program by providing a per diem for each prisoner transferred to a treatment provider in the program. In other words, the costs of compliance are borne by ODRC. According to our stakeholders, the staff time it take to prepare such an evaluation may vary, but is approximately on half an hour, not to exceed one hour. The per diem rate paid to the treatment provider funds the salaries of staff that prepare the evaluation.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

This rule does require the report of information. It requires treatment providers to prepare a written evaluation and summary of each prisoner's participation in the program. This written evaluation requirement is made necessary by R.C. 5120.035. ODRC is funding the treatment program by providing a per diem for each prisoner transferred to a treatment provider in the program. In other words, the costs of compliance are borne by ODRC. According to our stakeholders, the staff time it take to prepare such an evaluation may vary, but is approximately on half an hour, not to exceed one hour. The per diem rate paid to the treatment provider funds the salaries of staff that prepare the evaluation.