(A) As used in this rule and rules
5120-9-08
, 5120-9- 8.1 and 5120-9-11 of the
Administrative Code:
"Restrictive housing" means a housing placement that requires
an inmate to be confined to a cell at least twenty-two hours per day.
(2) "Short-term restrictive housing"
means housing that separates the inmate from contact with general population
while restricting an inmate to his or her cell for at least twenty-two hours
per day and for no more than twenty-nine days.
(3) "Extended
restrictive housing" means housing that separates the inmate from contact with
general population while restricting an inmate to his or her cell for at least
twenty-two hours per day and for thirty days or more for the safe and secure
operation of the facility. Extended restrictive housing shall consist of three
separate levels of security designed to give the inmate progressively more
privileges and freedom of movement to assess whether the inmate's return to a
general population housing assignment is appropriate.
(B) An inmate may be placed in
and/or transferred to a
short-term
restrictive housing assignment:
(1) When
needed to facilitate an investigation prior to the issuance of a conduct
report, other administrative action or criminal prosecution;
(2) Pending a hearing before the RIB
or SMP;
(3) Pending transfer to another institution;
or,
(4) When the inmate has been
found guilty through the processes set forth in rule
5120-9-08 of the Administrative
Code for any violation of the inmate rules of conduct set forth in rule
5120-9-06 of the Administrative
Code.
(C) To place an
inmate in a
short-term restrictive housing
placement under paragraph (B) of this rule, justification shall be provided as
to why a limited privilege housing assignment under rule
5120-9-09 of the Administrative
Code is insufficient to manage the safety and security requirements of the
inmate.
(D) An inmate may be
placed in a
short-term restrictive housing
assignment for the following time periods:
(1) In the case of an inmate placed in a
short-term restrictive housing assignment
under paragraph (B)(1) of this rule, the inmate may be placed until such time
that the investigation has been completed subject to the required extensions
set forth in rule
5120-9-11 of the Administrative
Code;
(2) In the case of an inmate
placed in a short-term restrictive housing
assignment under paragraph (B)(2) of this rule, the inmate may be placed for a
time period no longer than seven business
calendar days for an RIB hearing unless prevented
by exceptional circumstances, unavoidable delays or reasonable postponements.
Extensions beyond business
seven calendar days shall be documented in the
record of the RIB along with the reason for the delay. No extension shall
exceed twenty-nine calendar days. In the event the inmate is found guilty by
the RIB of misconduct, any additional time frames will be set by paragraph
(B)(4) of this rule. In the case of an inmate
appearing before the SMP, the inmate may be placed for a time period no longer
than twenty-one calendar days. In the event the inmate is found guilty by the
SMP of misconduct, any additional time frames will be set by paragraph (G)(3)
of this rule.
(3) In the
case of an inmate placed in a
short-term
restrictive housing assignment under paragraph (B)(3) of this rule, the inmate
may be placed until such time that the transfer has been completed;
(4) In the case of an inmate placed
in a short-term restrictive housing assignment under paragraph (B)(4) of this
rule, the inmate may be placed for no more than twenty-nine calendar days by
the RIB for a single violation or a series of violations arising out of a
single event in accordance with the processes set forth in rule 5120-9-08 of
the Administrative Code.
(E) Nothing in paragraph (B) of this rule
shall be construed to prohibit the managing officer or designee from referring
an inmate to the institutional reclassification committee
or serious misconduct panel at any
time.
(F) The managing officer or
designee shall retain the discretion to release an inmate from a
short-term restrictive housing assignment
or to modify the placement to a limited privilege housing assignment at any
time for positive behavior or if the security needs of the inmate change.
(G) An inmate may only be placed in
and/or transferred to an extended restrictive housing
assignment:
(1) When the director authorizes an
extension of a restrictive housing assignment for the investigation involving
the commission of a possible felony under paragraph (D)(4) of rule 5120-9-11 of
the Administrative Code; or,
(2) When the inmate cannot be
transferred prior to the expiration of the placement in a short-term
restrictive housing assignment to a new general population housing assignment
for a security increase because:
(a) There is a lack of available
beds at the security level of intended increase; and,
(b) The security needs of the inmate
pending transfer can only be addressed with a restrictive housing
placement.
(3) When the inmate has been found
guilty through the processes set forth in rule 5120-9-08.1 of the
Administrative Code for a serious violation of the inmate rules of conduct and
an extended restrictive housing placement is recommended by the serious
misconduct panel and confirmed by the bureau of classification and
reception.
(4) At reception and initial
classification, when:
(a) The nature of the criminal
offense committed prior to incarceration constitutes a current threat to the
security and orderly operation of the institution and to the safety of others
to include, but not limited to, serious assaults against law enforcement,
participation in organized criminal activity or actions indicating a serious
escape risk; or,
(b) The inmate has returned to the
custody of the department after being released while in an extended restrictive
housing assignment, and more time is needed to assess whether a return to a
general population housing assignment is appropriate.
(H) Inmates who are seriously
mentally ill, pregnant or under the age of eighteen shall not be placed in
extended restrictive housing assignments.
(I)
(G)
An inmate shall not be placed in a restrictive housing assignment on the basis
of gender identity alone.
(J) An inmate may be placed in an
extended restrictive housing assignment for the following time
periods:
(1) In the case of an inmate placed
in an extended restrictive housing assignment under paragraph (G)(1) of this
rule, the inmate may be placed until such time that the investigation has been
completed subject to the terms of the director's extension as set forth in rule
5120-9-11 of the Administrative Code;
(2) In the case of an inmate placed
in an extended restrictive housing assignment under paragraph (G)(2) of this
rule, the inmate may be placed until such time that the transfer has been
completed;
(3) In the case of an inmate placed
in an extended restrictive housing assignment under paragraph (G)(3) of this
rule, the time period shall be based upon the misconduct committed, the
recommended level of extended restrictive housing placement, the inmate's
conduct and programming in extended restrictive housing and other relevant
factors. Placements in extended restrictive housing for serious misconduct
shall be subject to a presumptive release schedule unless the misconduct is
severe enough to warrant an exemption.
(K)
(H)
Inmates placed in restrictive housing placements shall receive the following
cell privileges:
(1) Access to legal material
and services;
(2) Access to reading
materials;
(3) Mail and kite
privileges;
(4) Opportunity for
recreation exercise, outside of the cell, no less than one hour per day, five
days per week;
(5) Opportunity to
shower and shave no less than five times per week;
(6) Personal hygiene articles, including, at
minimum, a toothbrush, toothpaste, deodorant, feminine hygiene products for
female inmates and soap;
(7) Access
to hair care services;
(8) Cell
furnishings to include a toilet, wash basin, running water, bunk, mattress,
pillow, and sheets and blankets adequate for current weather
conditions;
(9) Adequate
state-issued clothing and apparel;
(10) Personal shower shoes;
(11) Adequate light for reading;
(12) Access to medical services and/or mental
health services as needed;
(13)
Adequate food;
(14) Access to
administrative rules in Chapter 5120-9 of the Administrative Code;
(15) Access to approved department
policies;
(16) Visits by authorized
department staff;
(17) Access to
telephone privileges at a minimum to access the judicial process and family
emergencies as determined by the managing officer or designee unless security
or safety considerations dictate otherwise;
(18) Access to cleaning articles for cell
sanitation, as approved by the managing officer or designee;
(19) Access to educational services,
commissary services, library services, social services, behavioral health and
treatment services, religious guidance and recreational programs.
(L)
(I) Abuse of cell privileges may be dealt with
summarily by the staff member on duty in restrictive housing (except that in no
event shall access to kite, medical, mental health, or legal services be
denied). This action shall then be reported by such staff member to his
superior for review and approval. This action shall also be reported in writing
to the responsible chief of security
officer. The responsible chief security
officer shall forward to the managing officer a weekly list of those inmates in
restrictive housing who have had cell privileges denied, the length of time
denied, and the reasons therefore.
(M)
(J) The hearing
officer or RIB may order restrictions on personal privileges following an
inmate's abuse of such privileges or facilities or when such action is deemed
necessary by the managing officer for the safety or security of the
institution, or the well-being of the inmate. In no event shall access to kite,
medical, mental health, or legal services be denied. Such restrictions shall
continue only as long as is reasonably necessary.
(N)
(K) Any denial of cell
privileges shall be reported in writing to the responsible chief
of security officer, who shall be responsible for submitting a
weekly report to the managing officer of those inmates who have been denied
cell privileges, the specific privileges denied, length of time the privilege
was denied, and reasons therefore.
