Ohio Admin. Code 5120-11-12 - [Rescinded] Authority for release to intermediate transitional detention

(A) A purpose of the shock incarceration program is to provide a prisoner the means of early release to intermediate transitional detention and reintegration into the outside community.

This rules does not apply to a prisoner sentenced to a prison term for an offense committed on or after July 1, 1996.

(B) In accordance with section 5120.031 of the Revised Code as it existed prior to July 1, 1996 and, notwithstanding any other provision governing the furlough or other early release of a prisoner, upon satisfactory completion of the ninety-day imprisonment phase of the shock incarceration program, a prisoner should be released immediately to intermediate transitional detention, to be supervised under any rule, agreement, term or condition prescribed by the adult parole authority and by the department of rehabilitation and correction or any of its licensed intermediate transitional detention facilities. No hearing is required for such a release.

(C) Each releasee shall serve a term of intermediate transitional detention of not less than thirty days and not more than sixty days as determined by the director which detention may be in a halfway house, in a community-based correctional facility and program or in a district community-based correctional facility and program established under sections 2301.51 to 2301.56 of the Revised Code, or any other facility approved by the director that provides such detention as a transition between imprisonment in a state penal institution and release from imprisonment.

(D) When released to intermediate transitional detention pursuant to this rule, the releasee shall remain on the institution's rolls; however, the adult parole authority is charged with the responsibility of supervising the releasee if he is housed in a halfway house, in a community-based correctional facility and program or in a district community-based correctional facility and program established under sections 2301.51 to 2301.56 of the Revised Code, or any other facility approved by the director.

(E) The releasee shall be transported by department personnel from the shock incarceration unit at the correctional institution to a licensed intermediate transitional detention facility designated by the adult parole authority.

Notes

Ohio Admin. Code 5120-11-12

Effective: 4/1/2018
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5149.02, 5120.42, 5120.031, 5120.01
Rule Amplifies: 5120.031, 2301.56, 2301.55, 2301.54, 2301.53, 2301.52, 2301.51, 5120.032
Prior Effective Dates: 10/28/1991 (Emer.), 01/24/1992, 12/20/1996