(A) The department
of rehabilitation and correction shall have the authority to file a detainer
against an offender or otherwise cause the arrest of an offender by the
issuance of a detainer whenever there is reasonable cause to believe that such
offender has violated or is about to violate any of the terms or conditions of
his supervision or sanction and commits an overt act toward such
violation.
(B) If such offender is
not within the state of Ohio and has been placed under supervision or sanction
pursuant to the interstate compact for adult offender supervision, he
or she shall be returned to Ohio pursuant to such
act. The Extradition of Fugitives Act shall apply when the offender leaves the
state of Ohio without lawful authority.
(C) If such offender is within the state of
Ohio:
(1) In the event such offender is
within the lawful custody of an Ohio law enforcement agency or facility, the
detainer shall be filed in a manner described by the policies of the department
of rehabilitation and correction and the division of parole and community
services.
(2) In the event such
offender is not within the lawful custody of an Ohio law enforcement agency or
facility, his
the
offender's arrest shall be ordered by the issuance of an arrest order to
the appropriate law-enforcement agency. A detainer may be issued based on the
adult parole authority's investigation as well as risk to the
community.
(D) When
any employee
a
supervising officer of the department of rehabilitation and correction
has received any information which gives
him
the officer
reasonable grounds to believe that an offender has violated, or is about to
violate, any of the terms or conditions of his supervision or sanction and
commits an overt act toward such violation, a detainer may be filed by the
supervising officer or unit supervisor.
such
information shall immediately be reported, in writing, to the supervising
officer of the offender with a copy to the unit supervisor, or directly to the
unit supervisor, in writing, if the information is based upon the supervising
officer's own knowledge or observations.
(1) Immediately upon receipt of such
information by the offender's supervising officer, such supervising officer
shall consult with the unit supervisor regarding whether a detainer should be
issued or placed against such releasee. In the case of any emergency, a
detainer may be filed by the supervising officer, pending review by the unit
supervisor which shall be done at the earliest practicable
time.
(2) When a detainer is issued or
filed, the unit supervisor shall immediately send a written report of such
action to the chief of the adult parole authority, or designee, and state why
no alternative disposition was available or feasible.
(3) In the event a detainer is not
filed, the unit supervisor shall immediately send a written report supporting
such action, providing alternative programming, to the chief of the adult
parole authority or designee, whenever the alleged violation involves a
violation of state or federal law, the action of the release has resulted in
property damage or physical injury to any persons, or the alleged violation is
of a special condition of supervision or sanction placed on the offender
pursuant to rule 5120:1-1-12 of the Administrative Code. All other alleged
violations shall be reported to the chief of the adult parole authority, or
designee, pursuant to periodic reporting requirements.
(4) Within ten business days
following the issuance or filing of a detainer, the unit supervisor shall file
the complete violation report.
(5) At any time after the filing of or issuance of
a detainer against an offender, the chief of the adult parole authority, or
designee, may, revoke and cancel such detainer, and take such other action as
may be deemed appropriate.
(E) In making the decision to issue a
detainer pursuant to paragraph (D) of this rule,
the
unit supervisor shall consider the following
shall be considered:
(1) The type of release for which the
offender is under adult parole authority supervision;
(2) If the offender is under post release
control (PRC) supervision, available prison sanction time must be verified and
documented. in the criminal corrections
information system (CCIS.) If no prison sanction time is available, the adult
parole authority unit shall not lodge the detainer;
(3) The risk level of
the offender and severity of violation behavior, overall history of the
offender, the strength and seriousness of the allegation,
and the proximity or danger to victims;
repeated failure in programming, and review of the
violations hearing grid, (DRC 3458;)
(4) The risk of the offender harming himself
or herself or others and the risk to the
community;
(5) Considerations of
local factors, such as available jail space, transportation issues, targeted
high crime areas, or special projects approved by the superintendent of field
services.
