Section 5120-17-03 - Transfer, transportation and conditions of participation(A) The bureau of community sanctions shall have the following responsibilities: (1) Notify the bureau of sentence computation and institution designee concerning the status of each prisoner approved for transfer to the facility of a community treatment provider.(2) Coordinate the transfer and transportation of the prisoner with the prison institution and the facility of the community treatment provider where the prisoner will be confined and receive treatment.(3) In the event that an offender becomes ineligible for transfer to a community treatment provider due to newly discovered evidence, institutional disciplinary infractions subsequent to the transfer approval, or for any reason when the transfer would be contrary to law or when the transfer would be inconsistent with the purposes of the community-based substance use disorder treatment program, the bureau of community sanctions shall notify the prisoner in writing that the prisoner will not be transferred and the reason(s) for the disapproval.(B) The confining prison institution shall have the following responsibilities: (1) After the prisoner is selected for transfer to the community-based substance use disorder treatment program and has satisfactorily completed any programming or treatment ordered by the department of rehabilitation and correction or the department of mental health and addiction services, the institutional designee where the prisoner is confined shall review the prisoner's file to ensure that the prisoner has not received an additional sentence or has otherwise become ineligible for transfer pursuant to section 5120.035 of the Revised Code or Chapter 5120-17 of the Administrative Code.(2) The warden's designee shall coordinate the following: (a) Prisoners shall be permitted to bring clothing, toiletry articles, and a limited amount of personal property or the prisoner may dispose of this property in a manner approved by the managing officer of the confining institution.(b) If the prisoner is taking any prescription medication, the prisoner will be examined by the prison institution physician to determine whether the prisoner will need medication during the pendency of the prisoner's transfer. If so, the physician shall make appropriate arrangements to provide a fourteen day supply of these medications from the supplies of the institution.(c) Prisoners on the mental health caseload who will be transferred to a community treatment provider shall receive medications and required follow-up appointments according to current department policy . (d) Any funds accumulated in the prisoner's institution account or due to the prisoner upon release shall be released with the prisoner or forwarded to the facility of the treatment provider in which the prisoner will be confined to be deposited in the prisoner account maintained by the community treatment provider.(e) Any additional information which is relevant to the health of the prisoner or to others housed with the prisoner, such as contagious viruses or diseases contracted by the prisoner, shall be reported to the bureau of community sanctions designee prior to transfer of the prisoner.(C) Prisoners transferred to the facility of a community treatment provider who fail to return to the facility as designated, or whose deviation from the terms of release constitute a substantial risk of failure to return as designated, may be declared to be a violator at large. The time between the declaration that the prisoner is a violator at large and the prisoner's subsequent return to an Ohio correctional facility shall not be credited toward the completion of the prisoner's prison term, but all other time in the treatment program shall be so credited.(D) The prisoner shall abide by all rules, regulations, and conditions established by the community treatment provider to govern the conduct and behavior of prisoners confined at the facility of the community treatment provider while in the treatment program. The prisoner shall receive a written copy of the treatment program's rules, regulations, and conditions of participation in the program. The prisoner shall acknowledge receipt of the program's rules, regulations and conditions by signing a copy. The rules, regulations, and conditions shall include and the prisoner shall acknowledge that the prisoner, the prisoner's room, and prisoner's property is subject to search at any time by employees of the treatment provider or officers of the adult parole authority.Ohio Admin. Code 5120-17-03
Effective: 3/22/2021
Five Year Review (FYR) Dates: 1/4/2021 and 01/15/2026
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.035
Rule Amplifies: 5120.035
Prior Effective Dates: 03/07/2016, 04/02/2018