Ohio Admin. Code 5120:1-10-12 - Inmate disciplinary process
(A)
(Important)
Written inmate rules will identify prohibited acts and/or conduct, degrees of
violations, ranges of penalties and disciplinary hearing and grievance
procedures.
(B)
(Important)
There shall
be a sanctioning schedule for rule violations.
(1)
The jail
administrator or designee shall approve any penalty exceeding suspension of
rights or disciplinary isolation for more than twenty-four
hours.
(2)
The jail administrator or designee shall approve any
penalty exceeding suspension of privileges for more than seventy-two
hours.
(3)
The maximum sanction for a rule violation(s) shall be
no more than two hundred eighty-eight hours.
(C)
(Important)
Inmate rules shall identify the fundamental rights that
cannot be suspended except in an emergency, and/or other
condition(s)/circumstance(s) beyond the control of the jail administrator or
their staff.
(D)
(Important)
If Inmate
access to clothing, bed, bedding, toilet, lavatory and/or shower are suspended,
there shall be a daily review for re-instatement by the jail administrator or
designee.
Jail disciplinary measures shall not include corporal punishment, discipline administered by inmate(s) and/or the withholding of food or medical treatment.
(E)
(Important)
Pre-disciplinary hearing requirements shall include,
but are not limited to, the following:
(1)
A written
incident report;
(2)
Written notification to the individual inmate(s) of the
nature and date of the alleged violation(s);
(3)
The opportunity
for the inmate to waive the pre-disciplinary hearing;
(4)
An investigation
that commences within twenty-four hours of the incident and/or discovery of the
incident, whichever comes last, to determine whether sufficient evidence exists
to support the charge.
(F)
(Important)
Disciplinary hearing requirements shall include, but are not limited to, the
following:
(1)
An impartial hearing officer appointed by the jail
administrator or designee;
(2)
The opportunity
for the inmate to be heard, present evidence and question witnesses subject to
the limitations imposed by the hearing officer.
The inmate shall have a minimum of twenty-four hours after receiving notice of the rules violations to prepare for the disciplinary hearing.
(3)
The inmate shall
be provided assistance if they are found by the hearing officer not to be able
to communicate.
(4)
The opportunity for the inmate to waive the
disciplinary hearing.
(5)
A hearing to be held within forty-eight hours
excluding, holidays, weekends, and emergencies after receiving written
notification if placed in isolation or within three business days if the inmate
is not placed in isolation.
(a)
Postponement of the hearing may be
granted.
(b)
Written findings prepared by the hearing officer should
penalty/sanction be imposed.
(G)
(Important)
The assessment of penalties against an inmate shall be
documented and maintained with the jail record.
(H)
(Important)
Inmates shall be afforded an opportunity to appeal disciplinary actions of the
jail administrator or designee.
Replaces: 5120:1-10-12
Notes
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, 07/01/1994, 09/21/1998, 01/01/2003, 07/01/2005, 02/16/2016
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 1/2/81, 1/1/83, 6/1/91, 7/1/94, 9/21/98, 1/1/03, 7/1/05
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