Current through all regulations passed and filed through October 28, 2024
Section 5120:1-10-01 - Reception and release(A) Each twelve- day jail, as defined in paragraph (A)(2) of rule 5120:1-7-02 of the Administrative Code, shall adhere to the following standards regarding the reception and release of inmates. Each twelve- day jail shall implement policies and procedures, and produce documentation that evidences compliance with the following standards: (1) (Important) All inmates are legally committed to the jail. (2) (Important) The arresting, transporting or committing officer is identified by name and department. (3) (Important) A booking and identification record shall be made of every commitment that includes the following information: (a) Time and date of commitment;(c) Official charge or charges;(d) Authority for commitment;(e) Date of birth of inmate;(h) Height and weight of inmate;(i) Marital status of inmate;(j) Home address and telephone number of inmate;(k) Spouse, next of kin, or person to notify in case of an emergency;(l) Social security number;(m) Identifying characteristics (e.g., scars or marks.)(4) (Important) Inmates shall be identified by photograph and/or identification bracelet during reception. (5) (Important) Arrested persons shall be provided access to telephones after the reception process. (6) (Important) Inmates shall be searched and all unauthorized items shall be confiscated. Confiscated items shall be listed in an inventory by objective description and secured. (a) Money or any form of money shall be confiscated, counted in the inmate's presence and secured.
(b) The inmate's signature shall be affixed to the completed inventory. If the signature cannot be obtained, the inventory shall be witnessed by another staff person.(7) (Important) The jail shall develop and implement policies and procedures governing strip searches and body cavity searches during reception in consultation with the county prosecutor, city attorney or law director consistent with section 2933.32 of the Revised Code. (8) (Important) Inmates who are to be integrated with the general population and/or whose clothing is soiled or infested shall receive a shower and clean clothing. (9) (Important) Inmates shall not be confined in the reception area for more than twelve hours except when security, health and mental health concerns are being addressed. (10) (Important) The jail shall develop, implement, maintain, and update as necessary a set of generally applicable inmate rules. The rules shall be accessible to all inmates and shall provide information regarding confinement including:(l) Disciplinary procedures(11) (Important) A staff member or translator shall assist the inmate in understanding the inmate rules if there is a literacy or language problem. The jail shall maintain signed acknowledgements from each inmate admitted that the rules were received by, and/or explained to them. (12) (Important) During reception, male and female inmates shall not be placed in the same cell or in unsupervised areas together. (13) (Important) Juveniles shall not be held in jails except under rare circumstances - if at all - and shall be accepted only (a) under court order, (b) when all other alternative placements, including placement in the local juvenile detention center, have been considered and rejected, and (c) after the jail provides the juvenile court with information regarding the conditions under which the youth shall be held in the adult jail and the jail's ability to comply with the juvenile specific standards, including paragraph (A)(12) of rule 5120:1-8-01, paragraph (B)(4) of rule 5120:1-8-02, and paragraph (K) of rule 5120:1-8-04 of the Administrative Code. Status offenders, i.e. runaways, curfew violators, etc. are prohibited from the facility. Every effort shall be made to ensure that juveniles are held in jails for the minimum amount of time necessary.. (14) (Important) Inmate identification and release documentation shall be verified. (15) (Important) Upon an inmate's release to another agency, the jail shall document the following information: (a) The identity of the receiving officer and their agency when jail staff or jail transportation officers transfer physical custody of the inmate to the receiving officer;(b) The identity of the receiving agency, when jail transportation agents transfer physical custody of the inmate to a receiving agency;(c) The time and date of the release;(d) The authority for the release.(16) (Important) Upon an inmate's release or transfer, the jail shall obtain a receipt for all property returned to the inmate or the receiving officer, as appropriate. Ohio Admin. Code 5120:1-10-01
Five Year Review (FYR) Dates: 7/7/2023 and 01/10/2028
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 01/02/1981, 01/01/1983, 06/01/1991, 09/21/1998, 01/01/2003, 07/01/2005, 02/16/2016Five Year Review (FYR) Dates: 1/8/2018 and 01/08/2023
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 01/02/1981, 01/01/1983, 06/01/1991, 09/21/1998, 01/01/2003, 07/01/2005, 02/16/2016