Ohio Administrative Code|Rule 5120:1-1-31 | Detainers.

                                                
(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, 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 a supervising officer of the
		  department of rehabilitation and correction has received any information which
		  gives 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.
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 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;
(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.


Last updated April 8, 2021 at 12:24 PM