Ohio Administrative Code|Rule 5120-9-11 | Placement in a limited privilege or restrictive housing assignment pending investigation.

                                                
(A) Subject to the time frames set forth
		  in this rule, an inmate may be placed in a limited privilege housing assignment
		  or a restrictive housing assignment to facilitate an investigation for the
		  issuance of a conduct report, other administrative action or criminal
		  prosecution.
(B) Placements shall not be in a
		  restrictive housing assignment unless the inmate poses a threat or danger to
		  himself or others, to institutional property or to the security of the
		  institution, and a limited privilege housing assignment is not sufficient to
		  control the risks presented.
(C) An initial placement into a
		  restrictive housing assignment must be approved, denied or modified in writing
		  within twenty-four hours by an appropriate and higher authority not included in
		  the initial placement designated by the responsible managing officer, who may
		  extend the time of placement as set forth in paragraph (D)(1) of this
		  rule.
(D) An inmate may be held in a limited privilege or restrictive
		  housing assignment pursuant to an investigation for the following
		  periods:
(1) The initial placement
			 into a limited privilege housing assignment under paragraph (A) of this rule
			 may continue for seven calendar days from the date of placement without need
			 for additional approval. The initial approval of placement in a restrictive
			 housing assignment in paragraph (C) of this rule may be continued for seven
			 calendar days from the date of approval by the appropriate and higher authority
			 appointed by the responsible managing officer.
(2) If the investigation
			 has not concluded at the end of the initial seven calendar day period, the
			 managing officer may authorize that the inmate be held in the same housing
			 status for an additional seven days. This authorization shall be in writing
			 with a copy sent to the appropriate regional director.
(3) If the investigation
			 is not completed within this fourteen calendar day period, the managing officer
			 may request that the regional director approve retaining the inmate in the same
			 housing status for an additional seven calendar days.
(4) After twenty-one
			 calendar days, upon the managing officer's request, the director or
			 director's designee may authorize holding an inmate in the same housing
			 status for investigative purposes until the completion of the investigation
			 when,
(a) The matter under investigation involves the commission or
				possible commission of a felony,
(b) The investigation cannot be completed within twenty-one
				calendar days, and,
(c) Releasing the inmate to general population would jeopardize
				the safety of the inmate or any other individual, the successful completion of
				the investigation, or the security of the institution.
The decision of the director or the
				director's designee shall be in writing and shall state the anticipated
				duration of the extension and the reason therefore. The extension may be
				renewed so long as the conditions described in this rule continue to
				exist.
(E) For placements in restrictive housing that are extended
		  beyond twenty-one days, the director or director's designee shall consult
		  with managing officer to determine whether the inmate could be managed in a
		  limited privilege housing assignment pending the completion of the
		  investigation. If the placement in a restrictive housing assignment is
		  continued, the director or the directors designee shall document the
		  reasons for the continuation.
(F) For placements in restrictive housing that are extended
		  beyond twenty-one days, the director or director's designee shall consult
		  with the managing officer to ensure that the inmate is not seriously mentally
		  ill. In the event the inmate is seriously mentally ill, the managing officer
		  shall make other arrangements to manage an inmate in limited privilege housing,
		  an appropriate mental health unit or other appropriate placement that is not a
		  restrictive housing assignment pending the completion of the
		  investigation.
(G) In the event an inmate is charged with misconduct and given a
		  disciplinary sanction under rule 5120-9-07 or 5120-9-08 of the Administrative
		  Code, the inmate shall be given credit for time served in an investigation
		  status under this rule.