Current through all regulations passed and filed through September 16, 2024
(A) The supervising authority may issue
passes for the temporary release from a licensed facility of prisoners
transferred to transitional control status for certain limited purposes in
accordance with division (D) of section
2967.26 of the Revised Code.
(B) Passes may be issued only for
the following purposes:
(1) To visit a dying
relative;
(2) To attend the
funeral of a relative;
(3) To
visit with family;
(4) To aid in
the prisoner's rehabilitation and facilitate successful reentry, as determined
by the facility director (or designee) .
(C) A pass from a licensed facility in which
a prisoner is confined on transitional control may only be granted for a period
of time no longer than is reasonably necessary to accomplish the purpose or
purposes for which the pass is intended and only if all of the following
requirements are met:
(1) The prisoner shall
be
in the transitional control program for the following
minimum number of days , which shall be
determined on the basis of the prisoner's risk level as assessed using the Ohio
risk assessment system:
(a)
Very high, ninety days.
(b)
High, sixty
days.
(c)
Moderate, thirty days.
(d)
Low/moderate,
thirty days.
(e)
Low, no minimum number of days are required.
(2) No single pass
shall exceed forty-eight consecutive hours.
(3) No series of passes shall exceed three
hundred and thirty six hours cumulative in any six month period of time, unless
authorized by the bureau of community sanctions designee.
(4) No prisoner on transitional control shall
be granted a pass to a destination outside the state of Ohio.
(5) A pass request for overnight leave shall
be granted only to a single pre-approved location.
(6) No prisoner on transitional control shall
be permitted to go on a pass to or be transported by an individual convicted of
a felony offense within the past five years or released from felony supervision within
the last five years.
(D) The pass approval process shall follow
the steps outlined below:
(1) Any prisoner on
transitional control applying for a pass shall submit the request to the case
manager of the licensed facility in which the prisoner resides.
(2)
The supervising
authority shall review the pass request.
(3) For any unescorted
pass, the supervising authority shall investigate the destination within five
business days after receipt of the request for investigation. If the prisoner
requests a pass outside the region of the supervising authority, the
supervising authority shall request that the transitional control halfway house
or adult parole authority unit in the area of the pass location conduct the
investigation. In this instance the investigation shall be completed within
five business days after receipt of this request. The investigation shall
include at a minimum:
(a) The investigating
authority shall verify that the location of the pass is a legitimate residence.
(b) The investigating authority
shall verify that the prisoner is visiting the person designated on the pass
request and that no adults residing at the pass location have a record of any
felony convictions or have been released from felony supervision within the
past ten years.
(c) The
investigating authority shall verify the purpose of the pass and that all other
pass requirements have been met.
(4) The facility director or designee
shall approve or disapprove of the pass request, within a reasonable amount of
time, and communicate their decision to the relevant parties. No pass request
shall be granted or considered valid unless signed by the
facility director or designee.
(E)
Passes are
authorized at any time for a verifiable emergency when approved by the
supervising authority.
(F) Any prisoner
released on a pass pursuant to this rule who violates any part of this rule or
any condition or rule of transitional control, shall be subject to a violation
sanction, which may include revocation of transitional control. Any prisoner
who presents an immediate threat to the safety or security of any person or
place may be returned directly to the prison institution from which he was
transferred to transitional control, notwithstanding any provision to the
contrary in any other administrative rule.
(G) Any prisoner
released on a pass who fails to return as designated, or whose deviation from
the conditions and terms of the pass and the transitional control program
constitutes a substantial risk of failure to return as designated, may be
declared a violator at large. The time between the declaration that the
prisoner is a violator at large and the prisoner's subsequent return to an Ohio
correctional facility shall not be credited toward the completion of
the
prisoner's prison term or period of supervision, but all other time on
transitional control shall be so credited.
R.C. 119.032 review dates:
01/08/2013 and
01/08/2018
Promulgated
Under: 111.15
Statutory Authority: 2967.26, 5120.01
Rule
Amplifies: 2967.26
Prior Effective Dates: 3/16/98 (Emer.), 6/1/98,
4/10/03, 12/8/06, 10/24/2011
