(A) As used in this
rule:
(1) "Community control offender" means
an offender sentenced directly to a halfway house under a community control
sanction or placed in a halfway house as an additional sanction imposed by the
court upon the offender after the offender violates a condition of community
control.
(2) "Ohio risk assessment
system" means the single validated risk assessment tool identified in rule
5120-13-01 of the Administrative
Code.
(3) "Community control
revocation" means an entry journalized by a juvenile court, municipal court,
county court, county municipal court, or court of common pleas in response to
an offender's violation of a condition of community control and through which
the court imposes a longer time under the same sanction, imposes a more
restrictive sanction, or imposes a period of incarceration in response to the
violation.
(B) This
rule, including, but not limited to, the admission criteria identified in
paragraphs (C) (1) to (C)(4)
(2) of this rule, applies only with respect to
community control offenders. This rule does not apply to offenders in halfway
houses as part of the department of rehabilitation and correction's
transitional control program, community-based substance
use disorder treatment program, or as a condition of supervision imposed
by the department as part of an offender's parole or post-release
control.
(C) Subject to paragraphs
(D) and (E) of this rule, a halfway house that receives funding from the
department of rehabilitation and correction shall be used as a residential
community sanction only for those community control offenders who satisfy one
or more of the following admission criteria:
(1) The offender's risk level, as assessed
using the Ohio risk assessment system, is high or
moderate;
(2) The most
serious offense for which the offender was sentenced is a felony of the first
degree or a felony of the second degree;
(3) The most serious offense for
which the offender was sentenced is a felony of the third degree and the
offender's risk level, as assessed using the Ohio risk assessment system, is
not lower than moderate; or
(4) The most serious offense for
which the offender is being sentenced is a felony of the fourth degree or a
felony of the fifth degree; the offender's risk level is not lower than
moderate, as assessed using the Ohio risk assessment system; and either or both
of the following applies:
(a) The offender is being placed in
the facility for violating a condition of supervision; or
(b) The offender has one or more
community control revocations in the preceding five years.
(D) The contract
entered into between the department of rehabilitation and correction and the
halfway house may identify an acceptable percentage of community control
offenders placed in the halfway house during each quarter of the contract
period that do not satisfy any of the admission criteria specified in
paragraphs (C)(1) to (C)(4) of this rule. This percentage shall be hereinafter
referred to as the "halfway house deviation cap." The halfway house deviation
cap identified in any contract shall not exceed twenty per cent of the total
number of community control offenders admitted to the halfway house during each
quarter of the contract period. In establishing the halfway house deviation
cap, the department shall consider the availability of outpatient criminogenic
programming in the jurisdiction or jurisdictions served by the facility. The
contract shall specify the amount by which the funding provided by the
department to the halfway house will be reduced in accordance with paragraph
(E)
(D) of
this rule if the halfway house deviation cap is exceeded as described in that
paragraph.
The commitment of the following community control offenders to
a halfway house shall not count against the halfway house deviation cap:
(1) Offenders receiving non-residential
services provided by the halfway house, which are funded in whole or in part by
the department. Each contract shall identify the specific non-residential
services that do not count against the halfway house deviation cap under this
paragraph.
(2) Offenders committed
to a halfway house as a condition of judicial release under section
2929.20 or
2967.19 of the Revised
Code.
(3)
Female
Offenders
offenders whose initial or overridden risk level
is
low- moderate, as assessed using the Ohio risk
assessment system, and who are committed to the facility for programming that
is directed at specific, targeted populations. Such
low-moderate female offenders include, but are not
limited to,
offenders
those convicted of domestic violence, sexually
oriented offenses, failure to pay child support, or
those who have a substance-related addictive disorder
diagnosis from a licensed clinical professional within the past twelve months,
or a current criminal conviction or probation violation involving the use or
possession of opiates, alcohol, or other drugs.
alcohol and other drug related offenses that meet
the following criteria:
(a) The offender has a diagnosis of
opioid dependence or substance-related addictive disorder from a licensed
clinical professional within the past twelve months; or
(b) The details of the offender's
current criminal conviction or probation violation involve the use or
possession of opiates, alcohol or other drugs.
(E) At the conclusion of every
third month in the contract period, the department shall measure compliance
with any halfway house deviation cap established in the contract. In measuring
that compliance, the department shall determine the percentage of the total
number of offenders committed to the halfway house during the preceding three
months who do not satisfy any of the admission criteria specified in paragraph
(C) of this rule nor fall within one of the categories of offender excluded
from the halfway house deviation cap under paragraphs (D)(1) to (D)(3) of this
rule. If that percentage exceeds the halfway house deviation cap in two
consecutive quarters, the department shall promptly inform the facility that
two more consecutive quarters of exceeding the halfway house deviation cap will
result in a reduction in the funding provided to the halfway house. In the
event that the halfway house thereafter exceeds the halfway house deviation cap
for two more consecutive quarters, funding shall be reduced as prescribed in
the contract.
