Current through all regulations passed and filed through September 16, 2024
(B) It is the intent of the
department of rehabilitation and correction to establish a transitional control
program to achieve the following goals:
(1) To
make effective use of the limited number of prison beds available by utilizing
halfway house facility beds or by monitoring with an electronic monitoring
device at approved residences for prisoners who are screened as appropriate for
transfer to transitional control status.
(2) To provide a controlled, transitional
period for screened prisoners to improve their education, vocational skills, or
employability and to re-establish family ties and community support by the
gradual reentry of prisoners into their home communities in a self-sufficient
and productive manner.
(E) For purposes of this rule, and other
rules in this chapter of the Administrative Code, the following definitions
shall apply:
(1) "Actual incarceration": a
sentence required by statute to be served in prison for offenders convicted of
offenses committed prior to July 1, 1996.
(2) "Adult parole authority" (APA): that
section of the division of parole and community services that includes field
services, the parole board, parole supervision and interstate compact of
probation and parole.
(3) "Bureau
of community sanctions": that bureau within the division of parole and
community services that includes community-based correctional facilities,
community corrections act programs, halfway houses, community transitional housing programs, and other
community residential centers.
(4)
"Business days": the days of the week excluding Saturday, Sunday and
holidays.
(5) "Conditions of
supervision": those general and special rules and regulations with which
offenders are required to comply as part of the criminal sentencing sanction of
supervision, probation or parole supervision, or other forms of community
supervision.
(6) "County in which
the prisoner was sentenced": in accordance with division (A)(2) of section
2967.26
of the Revised Code, the court of the county in which the indictment against
the prisoner was found or issued.
(7) "Detainer": a request filed by
a criminal justice agency with the institution in which a prisoner is
incarcerated, asking the institution either to hold the prisoner for the agency
or to notify the agency when release of the prisoner is imminent.
(8) "Division of parole and community
services" (DPCS): that division of the department of rehabilitation and
correction that includes the adult parole authority, parole board, the bureau of community sanctions,
and the office
of victim services.
(9) "Electronic
monitoring": a specified period during which an offender is restricted to a
specified premises during which period the offender wears an electronic
monitoring device and meets all other conditions imposed upon the
offender.
(10) "Electronic
monitoring device": in accordance with division (UU) of section
2929.01
of the Revised Code, any device that can be operated by electrical or battery
power that includes a transmitter and receiver and can determine the location
of a subject person at any time, or at a designated point in time through the
use of a central monitoring computer or through other means. This includes but
is not limited to satellite technology.
(11) "Facility director": the individual
designated as the head of a community correction center, halfway house
residential center or other community-based facility.
(12) "Halfway house": a facility licensed by
the department of rehabilitation and correction under section
2967.14
of the Revised Code as a suitable facility for the care and treatment of adult
offenders.
(13) "Investigating
authority": those individuals responsible for conducting home investigations,
which includes employees of the adult parole authority and or halfway house
staff.
(14) "Licensed facility":
includes but is not limited to halfway houses, community transitional housing programs, community
residential centers and similar facilities that have been licensed by the
division of parole and community services to house eligible
offenders.
(15) "Mandatory
sentence": a sentence required by statute to be served in prison. Examples
include convictions for gun specifications, repeat violent offenders (RVO),
major drug offender (MDO) and some drug offenses.
(16) "Offender": any individual under the
supervision of the adult parole authority.
(17) "Parole": the release from confinement
in any state penal or reformatory institution by the adult parole authority
that is created by section
5149.02 of
the Revised Code and under any terms and for any period of time that is
prescribed by the adult parole authority in its published rules and official
minutes. A parolee so released shall be supervised by the authority. Legal
custody of a parolee shall remain in the department of rehabilitation and
correction until a final release is granted by the adult parole authority
pursuant to section
2967.16
of the Revised Code. The term "parole", as defined in this paragraph, applies
to persons sentenced for felonies prior to July 1, 1996.
(18) "Parole officer": a person employed as a
parole officer of the adult parole authority who supervises offenders and/or
conducts investigations.
(19)
"Post-release control": a period of supervision for an offender by the adult
parole authority following release from imprisonment that includes one or more
post-release control sanctions imposed under section
2967.28
of the Revised Code.
(20)
"Relative" or "immediate family": parents, spouse, siblings, children,
grandparents, or legal guardians of the offender. Persons who have served as
substitute parents (in loco parentis) during the offender's formative years
shall also be included when such status can be proven. In accordance with the
law, adoptive or step-relationships shall be the same as natural relationships.
Proof may be required for some relationships, including but not limited to
birth certificates and marriage certificates.
(21) "Special conditions of supervision":
special and specific conditions for individual offenders with which they must
comply, that are related to the offender's previous offense pattern, and that
are related to the probability of further serious law violations by the
individual offender. Special conditions may be imposed by the court
or by the parole
board .
(22)
"Staffing": the process in which information is shared between the supervising
officer, the supervisor designee, or any other authorized representative of the
department of rehabilitation and correction to ensure appropriate supervision
of the offender and/or report preparation.
(23) "Supervising authority": the entity
designated to provide supervision to offenders.
(24) "Supervising officer": a person employed
as a parole officer of the adult parole authority who supervises
offenders.
(25) "Transfer to
transitional control status": movement of a prisoner from a prison to the
transitional control program which involves closely monitored supervision and
confinement in a licensed facility or restriction to an approved residence on
electronic monitoring, during the final one hundred eighty days of a prisoner's
confinement, in accordance with section
2967.26
of the Revised Code.
(26) "Unit":
the assignment and alignment of staff into an organized grouping that is under
the immediate direction of a supervisor. This subdivision can be
multifunctional in providing field services and community court
assistance.
(27) "Unit supervisor":
a person employed by the adult parole authority as a parole services supervisor
who supervises parole officers.
(28) "Violation behavior": conduct by an
offender during the period of supervision that is a violation of the conditions of
release.
(29) "Violation hearing":
an administrative hearing conducted by a representative or representatives of
the parole board or designee of the chief of the adult parole authority to
determine whether an offender has violated one or more of the conditions of
release and, if so, the specific sanction that should be imposed upon the
offender.
(30) "Violation
sanction": any penalty imposed on an offender who is found guilty of an offense
or a violation of a condition of supervision. A sanction may be located in the
community or in a prison.
(31)
"Violator at large" (VAL): pursuant to section
2967.15
of the Revised Code, a person who is a parolee or releasee, who is under
transitional control, or who is under another form of authorized release under
the supervision of the adult parole authority who absconds from
supervision.
(F) In
order to be eligible for transitional control transfer pursuant to section
2967.26
of the Revised Code, a prisoner must meet all of the following
criteria:
(1) A prisoner serving a prison term for an
offense committed prior to the effective date of the statute authorizing the
transitional control program is eligible if, at the time at which eligibility
is being determined, the prisoner would have been eligible for a furlough under
section
2967.26
of the Revised Code as that section existed immediately prior to the effective
date of the statute authorizing the transitional control program, or would have
been eligible for conditional release under section
2967.23 of the Revised
Code as that section existed immediately prior to the effective date of the
statute authorizing the transitional control program.
(2) When transferred, prisoners shall not
have longer than one-hundred and eighty days of imprisonment to serve until the
prisoner's parole eligibility, as defined under section
2967.13
of the Revised Code, or no longer than one-hundred and eighty days of
imprisonment to serve until the expiration of the prisoner's stated prison
term.
(3) Prisoners serving an
actual incarceration prison sentence or serving a mandatory prison sentence are
not eligible until after expiration of the actual incarceration or mandatory
sentence.
(4) Prisoners shall not
be serving a sentence of life imprisonment.
(5) Prisoners serving a sentence for a crime
committed on or after July 1, 1996 shall not be disapproved for transfer to
transitional control by the court of common pleas of the county in which the
prisoner was sentenced unless the prisoner is serving a
definite prison term of two years or less for an offense committed on or after
July 1, 1996 or a minimum term of two years or less under a non-life felony
indefinite prison term.
(6)
The prisoner does not have a record of more than two commitments for an offense
of violence as defined in division (A)(9) of section
2901.01
of the Revised Code, which was or is a felony offense including the present
commitment, except violations of section
2911.12, burglary;
section
2923.12,
carrying concealed weapons; or section
2923.13,
having weapons while under disability.
(7) Prisoners shall not have a designated
security level of, level 4 or higher
.
(8) Prisoners shall not be currently confined
in any restrictive housing or extended restrictive housing as a result of any
disciplinary action.
(9) Prisoners
shall not be subject to a detainer for any sentence of imprisonment imposed but
not fully served, for any post-release control, parole, or probation violation,
or is subject to a wanted detainer or a notify detainer for any untried felony
charge or for any U.S. immigration action.
(10) Prisoners shall not have any past or
current convictions or juvenile adjudications for
a violation of any sex offense included in Chapter 2907. of the Revised Code,
except for violations of solicitation, section
2907.24,
or prostitution, section
2907.25
of the Revised Code.
(11)
Excluding convictions due to absconding supervision, prisoners shall not have
any past or current convictions for escape, section
2921.34.
(12) Prisoners shall not have any past or
current convictions or juvenile adjudications for
arson, section
2909.03, or aggravated
arson, section
2909.02 of the
Revised Code.
(13) Prisoners shall
not have any past or current convictions for conspiracy, section
2923.01, attempt,
section
2923.02,
or complicity, section
2923.03 of the Revised
Code where the underlying offense is prohibited by this rule.