Section 5120-17-07 - Sanctions(A) Whenever a prisoner violates rules of the community treatment provider or rules of participation in the substance use disorder treatment program, the treatment provider is to take appropriate action in response to the violation behavior. Such action may include the imposition of a sanction which may range from warning the prisoner to refrain from future violation behavior to referring the prisoner to the treatment provider's behavioral review committee for a possible recommendation for a return to a state correctional institution. Treatment provider staff and hearing officers have discretion to reasonably impose various sanctions in response to violation behavior.(B) When a prisoner in the substance use disorder treatment program is believed to have violated any major rule or condition of the program, which may warrant the revocation of transfer to the facility of the treatment provider, the adult parole authority is to be informed of the violation as soon as possible, but no later than the next business day following the violation.(C) A behavioral review committee composed of staff from the treatment provider facility is to review alleged program rule violations by offenders that may result in a return to an institution. Prisoners are to be provided written notice of an alleged program rule violation. If the prisoner is unavailable due to incarceration or violator-at-large status, alleged violations of program rules are to be submitted in writing to the behavioral review committee. If the prisoner is available and disputes the alleged program rule violation, the offender may submit information in writing to the behavioral review committee stating the reasons for his or her objection. After reviewing an alleged violation and any written information submitted by the prisoner, the committee will make a recommendation to the bureau of community sanctions regarding the offender's termination from the program and return to prison pursuant to rule 5120-17-08 of the Administrative Code. Prior to making its recommendation, the committee may require the prisoner to appear before the committee and submit additional information. The committee is to be comprised of at least three members. The chair of the committee will be a member of management of the treatment provider.Ohio Admin. Code 5120-17-07
Effective: 9/13/2024
Five Year Review (FYR) Dates: 1/15/2026
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035
Prior Effective Dates: 03/07/2016, 03/22/2021