5120-2-06 Earned credit for productive program participation.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Rehabilitation and Correction

Agency Name

 

Andre Imbrogono

Division                                                                  Contact

 

770 West Broad St. Division of Legal Services Columbus OH 43222-0000

614-752-1603

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5120-2-06

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Earned credit for productive program participation.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

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, 2967.193

5.  Statute(s) the rule, as filed, amplifies or implements: 2967.193

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

The rule is being proposed to include additional circumstances under which the Department of Rehabilitation and Correction may withdraw previously earned credit days from inmates who violate prison rules.

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 proposed rule would authorize the Department to withdraw credit days from

offenders who violate any prison rules, not only those inmates who violate prison rules that are "program related," as the rule currently provides. The proposed rule would also remove an existing provision in the rule that prohibits the Department from withdrawing more than fifty per cent of previously earned credit days in any given month.

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:

At the suggestion of JCARR staff, the information provided in the online data and supplemental questions accompanying this filing is being revised to identify an additional statute authorizing the Department to adopt the rule. No revisions are being made to the body of the rule previously filed by the Department.

12. 119.032 Rule Review Date: 1/10/2013

(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

Not Applicable.

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

Not Applicable.

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:

Not Applicable.

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