Current through all regulations passed and filed through October 28, 2024
Section 5139-68-01 - DefinitionsThe release authority board members are appointed pursuant to section 5139.50 of the Revised Code. For the purpose of implementing rule 5139-68-01 of the Administrative Code, the following terms have the following definitions:
(A) Board member is defined as one of the five members of the release authority appointed pursuant to section 5139.50 of the Revised Code.(B) Chair of the release authority (chair) is defined as a board member of the release authority designated by the director of ODYS to be the chairperson and the bureau chief of the release authority pursuant to division (D) of section 5139.50 of the Revised Code.(C) Continuance time is defined as an extension of a youth's commitment beyond his/her MSED or PED. The appropriateness of continuance time is determined by release authority board members based on the facts before them, and may be recommended by the superintendent or IDT (with a programming plan connected to a minimum of one measurable objective on the integrated treatment plan) or by board members themselves.(D) Designated release authority contact is defined as a board member designated as the point of contact for release authority information on a youth.(E) Disposition investigation report (DIR) is a social history completed by the committing juvenile court and submitted to the reception center upon admission of a youth in accordance with sections 2152.18 and 5139.04 of the Revised Code.(F) Discharge is defined as the termination of the Ohio department of youth services' legal custody of a youth, division (C) of section 5139.51 of the Revised Code.(G) Discharge date (DD) is defined as the month, day and year on which a youth is officially discharged from the department's custody.(H) Discharge eligibility date (DED) is defined as the projected month, day and year for which a youth may qualify for discharge from the department's custody.(I) Discharge review is defined as a process whereby the release authority considers whether the termination of ODYS legal custody of a youth is appropriate.(J) Discipline adjusted parole eligibility date (DAPED) is defined as the month, day and year for which a youth may qualify for release from the institution and which reflects all approved intervention time.(K) Earliest release date (ERD) is defined as the earliest month, day and year on which a youth with an automatically opted in victim may have a panel release review.(L) Expedited release review is defined as a process in which a youth is approved for release on his/her MSED immediately following the completion of the release expectations.(M) Expedited release review summary is the form used to document the release approval of a youth through the expedited release review approval process and identifies institutional expectations and minimum parole plan requirements.(N) Full board is defined as a quorum of three or five board members that are necessary to conduct official actions on behalf of the board.(O) Hearing officer is defined as a designated employee within the release authority who carries out approved duties of the board and may assist in the release and discharge decision making process, development of release expectations and completion of semi-annual reviews.(P) Historical-clinical-risk management 20 (HCR-20) is a violence risk assessment tool for youths eighteen and older that structures clinical decisions about the likelihood of violent behavior, and to inform risk reducing treatment and management strategies. It contains twenty risk factors in three subscales (historical, clinical and risk management).(Q) Initial security classification instrument is defined as a tool administered at reception to assist in determining the risk a youth poses to the safety and security of the institution, staff and youth.(R) Interdisciplinary team (IDT) is defined as the team of facility staff responsible for communicating, coordinating and revising a youth's ITP. Minimally, the team consists of a unit manager, case manager, behavioral health services staff, youth specialist(s), education, recreation, and the juvenile parole officer. Other participating staff may be included, such as medical services, religious services or administration. Family members are also members of the team and encouraged to participate when possible.(S) Integrated treatment plan (ITP) is defined as the primary formal strategy developed to address the habilitation, education, rehabilitation, social, mental health and psychiatric needs of a specific youth throughout the full course of the department's legal custody. The plan is initially developed by the case manager assigned to the intake unit. Behavioral services staff add recommendations to the initial plan after completing a mental health appraisal, and release authority staff add release expectations. The ITP is reviewed by the IDT monthly during the institutional period. At any semi-annual review panels, the case manager submits a retrospective summary of ITP goals during the total institutional period, and parole submits continuation objectives to translate institutional programming to a community setting. Upon release to parole, the ITP continues to be reviewed monthly to ensure court orders and treatment recommendations have been successfully completed prior to discharge from the department's legal custody.(T) Intervention time (IT) is defined as additional time that delays a youth's planned release, imposed following an Institutional Intervention Hearing which was recommended by the superintendent and approved by release authority.(U) Juvenile justice case management system (JJCMS) is defined as an electronic case management record keeping system used by ODYS.(V) Minimum sentence expiration date (MSED) is defined as the end of the judicially prescribed minimum sentence based on the Ohio Revised Code minus confinement credit.(W) Office of victim services is defined as an office within the bureau of the release authority which provides assistance to victims, victims' representatives and members of a victim's family (section 5139.56 and applicable sections of Chapter 2930. of the Revised Code).(X) ODYS is defined as the Ohio department of youth services.(Y) Ohio youth assessment system (OYAS) is a multi-layered assessment process used to accurately measure risk/needs/responsivity at various states of youth involvement in Ohio's juvenile justice system.(Z) OPTIX is defined as an electronic imaging system used by ODYS to store youth records.(AA) Panel is defined as a release review team consisting of at least two release authority staff, one of which must be a board member.(BB) Parent institution is defined as the institution to which a youth is assigned upon leaving reception.(CC) Parole is defined as the period of community supervision provided by ODYS after a youth is judicially released to parole or granted a supervised release to parole by the release authority.(DD) Parole eligibility date (PED) is defined as the projected month, day and year for which a youth may qualify for release from the institution after his/her next panel release review.(EE) Parole on or after date (POA) is defined as the earliest month, day and year, on which a youth approved for release, by a panel or full board, may be released from the institution.(FF) Parole revocation is defined as an action taken by the juvenile court that removes the release status of a youth for serious violations of the terms and conditions of the rules of parole and returns the youth to the department of youth services for institutionalization (section 5139.52 of the Revised Code).(GG) Period of parole supervision (PPS) is defined as the projected number of days that a youth will be on parole based upon the youth's OYAS risk classification.(HH) Placement juvenile court is defined as the juvenile court in the county in which a juvenile will be placed.(II) Progress review summary is defined as the form that summarizes the progress review, identifies the next progress review date and is electronically available and provided to all required parties. (JJ) Registered victim is defined as a person or their designee who has elected to register with the office of victim services or automatically opted in to receive release and discharge review notifications and/or to be able to provide review input (sections 5139.56 and 2930.16 of the Revised Code).(KK) Release authority is defined as a bureau within the department that includes the board, the office of victim services and other designated staff that carry out the duties specified in section 5139.50 of the Revised Code.(LL) Release authority designee is defined as a staff member of the release authority assigned to perform a specific function.(MM) Release authority review schedule (RARS) is defined as a listing of a youth's approaching MSED or PED review month; semi-annual review periods, if applicable; the period of parole supervision; and, the statutory input submission deadlines.(NN) Release decision worksheet is defined as the document on which panel members record the decision and rationale for a panel release review.(OO) Release expectations are defined as the document provided to the youth that identifies the committing court expectations for program engagement and completion prior to release from a facility, the release authority expectations for the period of institutionalization, identifies parole expectations, provides the MSED, and states the planned period of parole supervision.(PP) Release expectations worksheet is defined as a work tool used to record and document information reviewed and being considered in the development of release expectations and the ITP. (QQ) Semi-annual review summary is defined as the form that summarizes the semi-annual review, identifies the next semi-annual review period and is electronically available and provided to all required parties.(RR) Serious incident is defined as an act that involves physical harm to another, conduct that creates substantial risk to the safety and security of the institution, or significant property damage and there has been a formal finding following a hearing that followed due process and notification requirements and there is an accounting for any institutional factors regarding conditions beyond a youth's control.(SS) Serious youthful offender (SYO) is defined as a youth committed to the department under section 2152.13 of the Revised Code with the adult portion of the dispositional sentence stayed pending successful completion of the traditional juvenile disposition imposed. (TT) Structured assessment of violence risk in youth (SAVRY) is a research-based risk assessment tool for youth ages twelve to eighteen composed of twenty-four items in three risk domains (historical risk factors, social/contextual risk factors and individual/clinical factors). Each risk factor has a three level rating structure with specific rating guidelines (low, moderate or high). There are also six protective factor items that are rated as present or absent.(UU) Statutory input is defined as comments or objections submitted or communicated by the court or prosecutor or victim as required in division (A) of section 5139.51 and section 5139.56 of the Revised Code.(VV) Supervised release is defined as the release of a youth by the release authority after the youth's MSED and supervision is provided by the department (section 5139.51 of the Revised Code).(WW) Supervised release plan is defined as the combination of the ITP with adapted parole goals, objectives, and interventions, and the rules of parole developed by the parole office and which includes any additional release authority requirements.(XX) Youth advocate is defined as a neutral and specially trained staff person available to assist a youth as provided for in the department's operating policies and procedures related to youth intervention proceedings.Ohio Admin. Code 5139-68-01
Effective: 12/12/2019
Five Year Review (FYR) Dates: 9/27/2019 and 12/12/2024
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.50
Prior Effective Dates: 10/20/2014