Ohio Administrative Code
Title 5120 - Department of Rehabilitation and Corrections - Administration and Director
Chapter 5120-12 - Transitional Control Program
Section 5120-12-04 - Electronic monitoring of prisoners
Current through all regulations passed and filed through September 16, 2024
(A) Prisoners on transitional control may be confined, pursuant to division (A)(1) of section 2967.26 of the Revised Code, in a residence approved for this purpose and/or be monitored by an electronic monitoring device in an approved residence.
(B) After an appropriate length of stay, prisoners confined in a halfway house under transitional control may be moved to an approved residence and placed on electronic monitoring to complete their period of transitional control. The decision to place a prisoner on electronic monitoring in this manner shall be made by the supervising authority. This paragraph shall not be construed to prohibit the transfer of a prisoner directly to electronically monitored home confinement in appropriate circumstances.
(C) Prior to placement of prisoners on an electronic monitoring device at a residence, the appropriate supervision unit of the adult parole authority or halfway house designee shall investigate the residence at which the prisoner proposes to reside to determine whether it is suitable. For the residence to be approved as suitable, it must meet all of the following:
(D) When a prisoner is being considered for placement on an electronic monitoring device the adult parole authority unit supervisor or halfway house designee shall assign the residence investigation to the appropriate investigating authority to complete. If it is determined that the residence is suitable, the investigating authority shall have the owner or tenant sign the host agreement required by paragraph (C)(1) of this rule.
(E) The department of rehabilitation and correction may contract for the installation of the electronic monitoring equipment at the prisoner's residence and the hook-up of the prisoner to the electronic monitoring device and equipment.
(F) The department of rehabilitation and correction may contract for the continuous monitoring of each prisoner on electronic monitoring and for the verification of the status/location of the prisoner when a signal is received that indicates a possible power/equipment failure, equipment tampering, a prisoner out of place, or any other type of abnormality or unusual occurrence.
(G) The contract for the electronic monitoring service shall include the requirement that the halfway house shall immediately investigate and notify the appropriate adult parole authority field supervision unit as soon as possible of any major abnormalities or unusual occurrences that may signify serious offender violations. The halfway house shall document the occurrence and the fact that notification was made.
(H) Upon notification that a prisoner is out of place or is not at the approved location, the supervising authority shall take appropriate action as soon as possible to confirm that the prisoner is still confined at the approved location, or if not so confined take steps to ensure that reasonable efforts are made to locate the prisoner and to resume custody of the prisoner. The notification and all such efforts shall be documented.
(I) The supervising authority shall approve the prisoner's case plan and electronic monitoring program, including weekly itinerary, and any major activity not a part of the pre-approved program.
Five Year Review (FYR) Dates:
1/8/2018 and
01/08/2023
Promulgated
Under: 111.15
Statutory
Authority: 2967.26,
5120.01
Rule
Amplifies: 2967.26
Prior
Effective Dates: 03/16/1998 (Emer.), 06/01/1998, 04/10/2003, 12/08/2006,
10/24/2011