Current through all regulations passed and filed through October 28, 2024
Section 5120-11-13 - [Rescinded] Intermediate transitional detention program structure(A) Upon release to intermediate transitional detention, the licensed intermediate transitional detention facility staff and adult parole authority staff will assist the releasee to commence or continue to participate in self-enhancement programs which he began in the ninety-day imprisonment phase of the shock incarceration program. This rule does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.
(B) The adult parole authority staff and the licensed intermediate transitional detention facility staff shall complete a risk and needs assessment for the releasee within five days after arrival at the intermediate transitional detention facility. (C) The licensed intermediate transitional detention facility staff, in cooperation with the supervising parole officer, shall provide services to the releasees in accordance with the following requirements: (1) Intermediate transitional detention guidelines which include, but are not limited to: (a) Self-enhancement educational activities; and (b) Specialized counseling and treatment services; (2) Contract agreements between the department and the licensed intermediate transitional detention facility which include, but are not limited to: (c) Client services, including, but not limited to supervision, monitoring, case management and manday utilization; and (D) Releasees are eligible to be employed at any point within the sixty days of intermediate transitional detention upon the recommendation of the licensed facility staff and the approval of the supervising parole officer. (E) A releasee may be released on parole after thirty days of intermediate transitional detention, if he has met the following requirements. (1) Satisfactory completion of program requirements, including, but not limited to an approved placement plan; and (2) Demonstrated capability of meeting special parole conditions, including, but not limited to substance abuse treatment and services, mental health treatment and services, and commencing or continuing employment or vocational training. Each releasee on intermediate transitional detention who satisfactorily completes that phase of the shock incarceration program shall receive a certificate authorizing his release on parole.
(F) A releasee who is not released on parole after thirty days of intermediate transitional detention, due to his failure to meet the requirements of paragraph (E) of this rule, will remain in such detention until these requirements are met, if at all, within the sixty-day limit of the intermediate transitional detention phase of the shock incarceration program. A releasee who has not satisfactorily completed the intermediate transitional detention phase of the program shall be revoked from the program pursuant to rule 5120-11-15 of the Administrative Code and transferred to a correctional institution to continue the court imposed sentence.
(G) Releasees will participate in substance abuse programming as determined by licensed intermediate transitional detention facility staff and the supervising parole officer. All releasees shall be subject to random substance abuse screening. (H) A releasee on intermediate transitional detention may be transferred to a correctional institution whenever his physical or mental health renders him substantially incapable of participating in the intermediate transitional detention program or pursuing its goals and objectives or upon his request for such a transfer. (1) A transfer pursuant to this paragraph shall be based upon a medical, psychological or psychiatric evaluation of the releasee's health and treatment options or upon information provided by the releasee to support his request for transfer. (2) A transfer pursuant to this paragraph may be recommended by the supervising parole officer to the superintendent of parole supervision for concurrence or dissent. This recommendation and the comments of the superintendent of parole supervision shall be presented to the chief of the adult parole authority who shall make the final decision on transferring the releasee to a correctional institution. (3) Upon completion of the necessary course of treatment, and completion of a medical, psychological or psychiatric evaluation of the individual, the warden or designee shall refer the prisoner to the chief of the adult parole authority for reinstatement of the prisoner to intermediate transitional detention. The chief of the adult parole authority shall be furnished all information needed to make this decision including institutional medical and psychological reports concerning the prisoner being considered for reinstatement. Ohio Admin. Code 5120-11-13
Effective: 4/1/2018
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5120.031, 5149.02, 5120.42, 5120.01
Rule Amplifies: 5120.031
Prior Effective Dates: 10/28/1991 (Emer.), 01/24/1992, 12/20/1996