Ohio Admin. Code 5120-9-26

Current through all regulations passed and filed through November 4, 2024

Section 5120-9-26 - Use of truth verification systems for administrative investigations

(A) Truth verification systems such as a polygraph examination or a computer voice stress analysis may be utilized in the course of an administrative investigation. In general, the following principles shall apply:

(1) The results of such an examination shall only be a factor to be considered in determining the truthfulness of the person being examined, but shall not be considered conclusive of the facts under question.

(2) No offender or staff member shall be compelled to submit to a truth verification examination involuntarily.

(3) No inmate or staff member, shall be prejudiced by a refusal or failure to submit to a truth verification examination.

(4) No inmate or staff member shall be disciplined or discriminated against in any administrative action solely on the basis of the results of a truth verification examination unless there is supporting evidence which is both reliable and probative.

(5) If a related criminal investigation is being conducted, the managing officer or investigator shall ascertain that the use of a truth verification examination will not unduly hinder or interfere with the criminal investigation.

(B) Prior to the use of a truth verification examination in an administrative investigation, the managing officer must obtain approval from both the office of the chief inspector and the managing officer's deputy director.

Replaces: 5120-9-26

Ohio Admin. Code 5120-9-26

Five Year Review (FYR) Dates: 1/16/2020 and 01/10/2025
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.42
Rule Amplifies: 5120.42
Prior Effective Dates: 01/20/1973, 04/01/2005