Header:
OHIO ADMINISTRATIVE CODE ANNOTATED
5120:1 DIVISION OF PAROLE AND COMMUNITY SERVICES
CHAPTER 5120:1-3 ADULT PAROLE AUTHORITY LICENSED FACILITIES
Date:
09/28/2012
Document:
5120:1-3-06. Halfway house licensing standards.
(A) Bureau of community sanctions general standards:
(1) A program director shall have a minimum of a bachelor's degree in criminal justice or a social science field or a minimum of five years of full-time experience working with offenders.
(2) At least seventy-five per cent of staff providing case management or programming to offenders shall have an associate degree or higher degree.
(3) All services provided must be administered by staff with board certification or licensure when required.
(4) All full-time staff having direct contact with offenders shall receive a minimum of twenty-four hours of training annually relevant to changing offender behavior. Training hours for part-time staff shall be on a prorated basis. The program director or training administrator shall approve appropriate staff training and shall ensure training hours are completed.
(5) Job performance for program directors and all staff shall be reviewed annually. In addition to formal written annual evaluations, supervisors shall monitor, guide, and assist staff to ensure effective delivery of services.
(6) Programs shall have a written code of ethics that is communicated to staff. Violations of the code of ethics shall be addressed according to agency policy.
(7) Programs shall develop and implement written agency policies and procedures. Policies shall be reviewed annually by the executive director or designee. Changes shall be approved by the governing authority.
(8) The program director shall have input into the development and review of program policies and procedures.
(9) Programs shall submit written reports of serious incidents to the bureau of community sanctions within two business days after the time on which the incident occurred or was reported. Serious incidents include, but are not limited to, escapes; fires; assaults; inappropriate sexual behavior; serious agency staff misconduct; theft; building emergencies; use of force or deadly force; property loss or damage; and violations of the Ohio Revised Code that could result in law enforcement involvement.
(10) Programs shall develop written policies and procedures requiring the retention and disposal of all grant purchased equipment and corresponding inventory list according to grant guidelines.
(11) Programs shall correct all fiscal findings and provide documentation of the corrective action to the bureau of community sanctions.
(12) Programs shall enter intake, termination, and reassessment data into the department of rehabilitation and correction management information system within fourteen calendar days unless the bureau of community sanctions grants a written waiver.
(13) Department of rehabilitation and correction management information system data will be accurate when compared to case file information.
(14) Programs shall conduct case record audits to ensure that records are current, complete, and accurate.
(15) Programs shall retain all offender records for a minimum of five years from the date of offender termination from the program.
(16) Residential programs shall have an annual fire inspection and a valid food service license.
(17) Residential programs shall achieve and maintain American correctional association (ACA) accreditation. ACA reports and compliance letters shall be submitted to the bureau of community sanctions annually.
(18) Program or supervision design shall be evidence based.
(19) The program director shall be involved in the development, enhancement, and implementation of the internal program curriculum or program operations.
(20) Program staff shall have the opportunity to provide input into modification of the program.
(21) Offenders shall have the opportunity to provide input into the overall program.
(22) Agencies shall monitor program implementation and program integrity.
(23) The program director or designee shall monitor contractual program services provided by external entities. All funded service contracts are to be performance based. A quality assurance process shall be in place to ensure contractual services meet the program and offender needs.
(24) The program director shall monitor the utilization of external referrals. A quality assurance process shall be in place to ensure services meet the program and offender needs.
(25) Programs shall make positive contributions to the community.
(26) Programs shall be supported and valued by the criminal justice system.
(27) Programs shall define the process for referral, acceptance, rejection, and termination.
(28) All programs designed to reduce offender risk and needs shall administer a validated and reliable risk and needs instrument upon intake.
(29) All programs designed to reduce offender risk and needs shall ensure services are individualized and address criminogenic targets based on the results of a validated and reliable risk and needs instrument. Offenders shall have input into the development of their programs.
(30) Prior to an offender's successful program termination, an aftercare plan containing recommendations for appropriate linkages shall be developed with and provided to the offender.
(31) The program director shall have input into the hiring of program staff.
(32) The program director shall be engaged and involved in the delivery of direct services to offenders.
(B) Bureau of community sanctions halfway house specific standards:
(1) The licensed agency that operates more than one residential unit shall have a centralized placement contact.
(2) The facility shall be clean and in good repair with housekeeping and maintenance plans in effect.
(3) The licensed agency shall implement a policy regarding the documentation of granting overnight, weekend, and special passes. A form shall be submitted to the supervising authority in cases where the offender is requesting a pass to an address that has not previously been approved. This form shall be submitted no later than noon two days prior to the first day of the pass. A copy of the pass shall be maintained in the offender's file. The form shall include:
(a) The offender's name and identification number (institution or docket);
(b) The dates and times on which the pass begins and ends;
(c) The destination;
(d) The basis for the agency's recommendation;
(e) Signature of agency staff; and
(f) A space for approval or disapproval and a space for the signature, if required, of the supervising authority.
(4) The supervising authority and/or court shall receive at least monthly progress reports for all offenders in the halfway house and electronic monitoring programs. The monthly report submitted to the supervising authority shall contain the name, address, and telephone number of the person with whom the offender plans to reside upon program completion, as well as the anticipated termination date.
(5) The licensed agency shall only utilize transitional control transportation staff previously approved by the bureau of community sanctions.
(6) Collection and distribution of transitional control offenders' earnings shall be in accordance with rule 5120-12-05 of the Administrative Code.
(7) Transitional control offenders shall remain in the assigned facility unless working at approved employment or participating in other activities approved by the department and/or the court. The licensed agency shall document that the whereabouts of transitional control offenders is being verified while they are outside the facility.
(8) The licensed agency shall maintain a signed waiver, per episode, for transitional control offenders refusing medical treatment or electing to pay all medical expenses incurred through treatment in the community. The licensed agency shall contact the bureau of community sanctions no later than the next business day for all serious medical conditions requiring attention.
(9) Each month, the licensed agency shall submit the transitional control monthly medication report and central pharmacy co-payments to the division of parole and community services.
(10) The licensed agency shall implement policies and procedures governing the electronic monitoring program, which shall include at a minimum:
(a) The method in which monitoring is being conducted, including subcontractors and type of equipment;
(b) A back-up plan for the primary failure of equipment at the monitoring center, equipment at the halfway house facility, or the offender's home unit;
(c) The referral process, equipment hook-up, program termination, case management activities, itineraries, investigating violations, and file documentation; and
(d) Agency staffing twenty-four hours per day for the electronic monitoring program, with one person coordinating the program.
(11) The licensed agency shall implement policies and procedures for the investigation of unusual occurrences and/or alleged violations of the electronic monitoring program. The investigation shall include at a minimum:
(a) The type of occurrence or violation, such as equipment tampering, itinerary violations, or power failure;
(b) Agency attempts to contact the offender, host, employer, supervising officer, or others that may know the offender's whereabouts;
(c) Documentation of efforts made to determine the offender's whereabouts; and
(d) Written notification of the outcome of the investigation to the supervising authority no later than the next business day.
(12) The licensed agency shall complete electronic monitoring termination reports within three business days after termination from the program. Termination reports shall, at a minimum:
(a) Specify the offender's name and institution number;
(b) Specify the date of activation and deactivation;
(c) Summarize case management activities, if applicable;
(d) Summarize violations and investigation results; and
(e) State whether the offender's program participation was successful or unsuccessful.
(13) The licensed agency shall maintain offender electronic monitoring records that include at a minimum:
(a) Referral form;
(b) Electronic monitoring program conditions;
(c) Host agreement;
(d) Itineraries;
(e) Investigations into unusual occurrences and program violations;
(f) Case management activities such as case notes, referrals, and urinalysis results;
(g) Termination report; and
(h) Community corrections information system (CCIS-Web) intake and termination forms.
(14) The licensed agency shall conduct a thorough investigation in an attempt to locate any offender whose whereabouts become unknown. The investigation shall be completed within four hours after the licensed agency discovers that the offender's whereabouts are unknown.
(15) The licensed agency shall implement policies and procedures for providing notification to the adult parole authority under each of the following circumstances:
(a) Prior to discharging an offender from the facility;
(b) When an offender is observed by agency staff leaving the facility without permission;
(c) When an offender's whereabouts remain unknown for four or more hours.
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