Section 5120-11-08 - [Rescinded] Program removal(A) A prisoner's privilege to continue to participate in the program may be revoked at the sole discretion of the director upon the recommendation of either the program review hearing committee or the rules infraction board with the warden's approval, or contract monitor's approval, if applicable. (B) As provided in this paragraph a prisoner may be removed from the ninety-day imprisonment phase of the program and, if so removed, shall be required to serve the remainder of his sentence imposed by the sentencing court. (1) The prisoner who desires to voluntarily terminate his participation, after twenty-one days, in the program for non-medical reasons shall be interviewed by the unit commander/program supervisor or designee. Following the interview, the prisoner shall sign a notice of voluntary termination, if he decides to be removed. (2) The prisoner may be involuntarily terminated from the program whenever it is determined that: (a) The prisoner received an unsatisfactory evaluation in a monthly review of all activities of the program as set forth in paragraph (E) of rule 5120-11-06 of the Administrative Code; (b) The prisoner failed to satisfactorily complete program requirements within ninety days of imprisonment, as documented by program officials; (c) The prisoner does not meet the eligibility criteria or requirements for program approval pursuant to paragraphs (C), (E) and (F) of rule 5120-11-03 of the Administrative Code; or (d) The rules infraction board found the prisoner guilty of violating a disciplinary rule as set forth in rule 5120-9-06 of the Administrative Code. (C) A prisoner who has been removed from the program shall not later be readmitted to the program without approval from the director. A prisoner who has been removed from the program pursuant to paragraphs (E)(3) and/or (F) of rule 5120-11-03 of the Administrative Code, and later readmitted may receive credit for previous days, actively served in the program as set forth in paragraph (D) of rule 5120-11-06 of the Administrative Code. However, if a prisoner is removed due to a pending felony charge that results in a criminal conviction, then the prisoner may apply to start the program again with no such credit being granted. (D) Prior to involuntary termination from the program, the prisoner shall be afforded a disciplinary hearing in accordance with rule 5120-11-05 of the Administrative Code or a program review hearing in accordance with rule 5120-11-07 of the Administrative Code. (E) In all cases of removal, pursuant to paragraph (E) of rule 5120-11-21 of the Administrative Code, the director shall notify the sentencing court, in writing, of the administrative decision to terminate the prisoner from participation in the program. Ohio Admin. Code 5120-11-08
Effective: 4/1/2018
Five Year Review (FYR) Dates: 1/8/2018
Promulgated Under: 119.03
Statutory Authority: 5120.031, 5120.42, 5120.01
Rule Amplifies: 5120.031, 5120.033, 5120.032
Prior Effective Dates: 07/12/1991 (Emer.), 10/03/1991, 12/18/1994, 05/22/1998, 12/14/2001, 12/15/2006