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Criminal Justice System

December 20, 2000

TO: Executive Directors, ADAS/ADAMHS/CMHS Boards
FROM: Director Luceille Fleming, OhioMHAS; Director Michael Hogan, OhioMHAS
RE: Criminal Justice System and Residence Determinations

As part of the Multi-Agency Community Services Information System (MACSIS) implementation by the Ohio Department of Mental Health & Addiction Services (OhioMHAS), many questions have arisen concerning how to determine the "county of residence" for a client who has recently been under the auspices of the Ohio Department of Rehabilitation and Correction (ODRC) system and is in need of alcohol and other drug or mental health services.

A workgroup, consisting of representatives from OhioMHAS, ODRC, and Alcohol and Drug Addiction Services (ADAS) Boards, Community Mental Health Services (CMHS) Boards, Alcohol, Drug Addiction and Mental Health Services (ADAMHS ) Boards and in conjunction with provider input, believes the "Guidelines and Operating Principles for Residency Determination among CMH/ADAS/ADAMHS Boards" document is adequate for determining county of residence in this situation. Former offenders should be treated, for residence determination purposes, in the same manner as any other individual in the State of Ohio. Primacy for determining county of residence shall be upon the individual’s statement (i.e., expressed intent to remain) and/or upon the individual’s county of residence prior to becoming a charge of the ODRC system.

The applicable section of the residency determination guidelines can be found on page 3, paragraphs 6. a. and b. ODRC will bear the financial responsibility for necessary drug and alcohol and/or mental health services provided to Transitional Control inmates housed in halfway houses contracted with ODRC. When a person transitions from an inmate status to a non-inmate status, eligibility for and the financial responsibility for alcohol and other drug and/or mental health services should be determined as it would be for any other Ohioan. The attached documents, including an inmate versus non-inmate status matrix developed by ODRC and shared and reviewed by the workgroup, should be used in determining when an individual’s services are the responsibility of ODRC and when the individual’s services become the responsibility of the community alcohol and drug and/or mental health system.

Attachments

c: Director Reginald Wilkinson, ODRC
Rick Tully, OhioMHAS
Ohio Council of Behavioral Healthcare Providers
OhioMHAS Community Planners
Mike Roth
Annetta Macedonia, ODRC
Sandra Cannon, OhioMHAS
Linda Janes, ODRC
Kathy Brown, ODRC
OhioMHASSenior Staff
Ohio Federation of ADAS Boards
OhioMHAS Area Directors
METNET
Ohio Association of ADAMHS Boards
Douglas L. Day
Inmate Status Non-Inmate Status
Halfway House Population: Transitional
Control Offender (ODRC Jurisdiction)

Prison (ODRC Jurisdiction)
Halfway House Population:
Parole/Post-Release
Control/Probation/Community Control
CBCF (County/Court Jurisdiction)

Jail (County/Sheriff Jurisdiction)
Non-Halfway House Population:
Parole/Post Release Control

Jails and CBCF’s (Community-Based Correctional Facilities)
A person in a jail is considered an inmate.

ODRC does not provide MH or AoD funding for jails but does set standards by which jails are to provide substance abuse and/or mental health treatment services.

A person in a CBCF is considered an inmate of a correctional institution and is under the jurisdiction of a common pleas court.

Either of these persons is still a resident of his/her home county.

In many communities the local ADAS/ADAMHS/CMHS Board has traditionally, through a voluntary collaborative arrangement with the local Judicial Corrections Board, made arrangements for the CBCF to utilize local AoD and MH agencies for the provision of needed services.

These scenarios are covered by section 11 of the "Guidelines and Operating Principles for Residency Determinations Among CMH/ADAS/ADAMHS Boards."

A person incarcerated in an out-of-district jail facility shall remain a resident of the district from which he/she came. However, to facilitate and support Board-sponsored programs for the provision of services to a local jail facility, by mutual agreement a temporary re-assignment of a jail inmate to a plan of the local Board may be effected. Upon release from the jail facility, the plan assignment shall revert to the original Board of residence.

Halfway House
ODRC currently contracts with 24 halfway houses throughout the state. All of these facilities house individuals who are considered non-inmates, with the exception of those facilities which serve Transitional Control offenders. Transitional Control (or furlough) clients are considered inmates and their services are the responsibility of ODRC. At which time an offender is no longer under Transitional Control status and is transferred to another status, such as parole or post-release control, and expresses an "intent to remain" in the county, the offender may be referred to community agencies and is eligible for services as any other resident of that county.