Ohio Administrative Code|Rule 5120-9-51 | Internet access for incarcerated individuals.

                                                
(A) Incarcerated individuals may only
		  access the internet if they are participating in an approved educational
		  program with direct supervision that requires the use of the internet for
		  training or research purposes. The determination of which programs have
		  educational value is at the discretion of the director, or designee, and a list
		  of these programs may be provided to the incarcerated population.
(B) Criteria by which incarcerated individuals may be
		  screened and approved for access or training involving the internet shall
		  include the following:
(1) Only incarcerated
			 individuals enrolled in approved programs shall be eligible for internet access
			 under this rule.
(2) The incarcerated individual's
			 current offense of commitment and past criminal conduct may be taken into
			 consideration when determining whether an individual may be eligible for
			 internet access under this rule.
(3) The Ohio central
			 school system superintendent, or designee, in consultation with the department
			 of rehabilitation and correction (DRC) chief of the office of information
			 technology (OIT) or a designee, and the deputy director of operations, or
			 designee, shall have the discretion to deny access to the internet to
			 incarcerated individuals based upon security concerns or the institutional
			 behavior of the inmate individual on a case by case basis. Relevant subject
			 matter experts may be consulted in making this determination.
(C) Only pre-approved internet sites will be accessible on
		  the computers used by incarcerated individuals in an educational
		  program.
(D) Designation of the authority to approve internet sites
		  for authorized use: The Ohio central school system superintendent shall lead
		  and designate a committee comprised of subject matter experts to serve as the
		  designated authority for the pre-approval of internet sites for authorized use.
		  One of the members of the committee must be a representative of the DRC OIT,
		  chosen by the DRC chief of OIT. The committee will confer and recommend
		  internet sites for the superintendent to pre-approve.
(E) A process for the periodic review of
		  the operation of the system, including users of the system and the internet
		  sites accessed by the system: the DRC chief of OIT, or designee, shall also be
		  responsible for periodic review of the operation of the system, including users
		  of the system and sites accessed by the system. The chief of OIT, or designee,
		  shall utilize available technology and/or services to ensure that access to the
		  internet by incarcerated individuals is restricted only to those sites
		  pre-approved under this rule.
(F) Sanctions that must be imposed
		  against incarcerated individuals and staff members who violate department rules
		  governing access to the internet:
(1) Any staff member,
			 contractor, or volunteer who permits or assists in unauthorized access to the
			 internet by an incarcerated individual may be subject to appropriate
			 disciplinary measures for conduct in violation of this rule, and may be subject
			 to prosecution under section 2921.44 of the Revised Code.
(2) Incarcerated
			 individuals who violate this rule may be found to have violated one or more of
			 the inmate rules of conduct set forth in rule 5120-9-06 of the Administrative
			 Code and may be subjected to an appropriate penalty as set forth in rule
			 5120-9-07 or 5120-9-08 of the Administrative Code.
(3) Incarcerated
			 individuals in a correctional institution under the control of the department
			 of rehabilitation and correction may also be subject to prosecution under
			 division (C)(2) of section 5145.31 of the Revised Code. Incarcerated
			 individuals in a private correctional facility, as defined in section 9.06 or
			 9.07 of the Revised Code, are subject to prosecution under division (C)(2) of
			 section 9.08 of the Revised Code.


Last updated January 5, 2022 at 4:36 PM