1. AUTHORITY

   Ohio Revised Code 5120.01 authorizes the Director of the Department of Rehabilitation and Correction, as the executive head of the department, to direct the total operations and management of the department by establishing procedures as set forth in this policy.

   
   

2. ‌PURPOSE

   The purpose of this policy is to establish rules and procedures to address opposite gender supervision of incarcerated persons (IPs).

3. ‌APPLICABILITY

   This policy applies to all supervisors who possess the authority to assign correction officers to supervise Ohio Department of Rehabilitation and Correction (ODRC) IPs of the opposite gender.

   
   

4. ‌DEFINITIONS

   
   

   The definitions for the below terms can be found at the top of the policies page on the ODRC Intranet.

   Definitions Link

   • Assignment

   • Exigent Circumstances

   • Extended Restrictive Housing (ERH)

   • Gender

   • Gender Specific Assignment

   • Limited Privilege Housing

   • Post

   • Restrictive Housing (RH)

   • Transitional Program Unit (TPU)

     
     

5. POLICY

   
   

   It is the policy of the ODRC to provide equal employment opportunities for correction officers, while balancing those opportunities with concerns for IPs’ privacy and institutional security.

6. PROCEDURES

1. Equal Assignments

   Assignments/stationing of correction officers shall be made without regard to the gender of the correction officer except as specifically exempted by this policy.

   
   

2. Division or Gender Specific Duties

   Before any post is designated as gender specific, the managing officer shall determine there is no reasonable manner by which those duties of the post deemed to be gender specific may be delegated to another staff member of the same gender of the IPs. It is expected that there will be very few gender specific posts in any institution. Any post designated as gender specific shall be reflected as such in the pick-a-post agreement.

3. Privacy Walls, Screens or Partitions:

   Walls, screens, or partitions shall be in place or provided for IPs’ showers and toilets to provide a balance between institutional security and a modicum of incarcerated individuals’ privacy.

   
   

4. Strip Searches

   Staff shall not conduct opposite gender strip searches or opposite gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.

   For the purpose of this policy, post assignments are categorized according to their requirements for the performance of strip searches on a non-urgent basis. Except in exigent circumstances, the performance of strip searches should be gender specific. If a second officer is required to directly assist in a strip search, then this officer also should be of the same gender as the IP. In the case where another officer is present, but not a direct participant in the search, this officer may be of the opposite gender as the IP but shall avoid a direct view of the incarcerated person while the person is unclothed.

   1. Substantial and Primary Task Posts: A "substantial and primary task post" is a post where the performance of strip searches on a non-urgent basis is the primary responsibility of the officer. For example, such posts would include visiting shakedown and receiving and discharge. Assignments to these posts shall be gender specific.

      
      

   2. Regular and Frequent Task Posts: A "regular and frequent task post" is a post where non-urgent strip searches are numerous and predictable in the course of the regular duties. For example, such posts would include transitional program units (TPUs). One (1) of the officers assigned to such a post may be of the same gender of the IPs to be supervised. Any additional officers assigned to such a Post shall be assigned without regard to the officers’ gender.

      
      

   3. Regular but Infrequent Task Posts: A "regular but infrequent task post" is a post where non-urgent strip searches are predictable as a matter of practice or policy but where they are few in number on a daily basis. For example, such posts would include general population housing units. Staff are to be assigned to these posts without regard to the officer’s gender, and, where necessary, supervisors are to make other arrangements to ensure all strip searches are conducted by staff of the same gender as the IP.

      
      

   4. Infrequent Task Posts: An "infrequent task post" is a post where non-urgent strip searches are not predictable and rarely occur. For example, such posts would include towers and control rooms. Assignments to these posts shall be made without regard to the officers’ gender.

      
      

5. Assignments to Shift

   The managing officer shall ensure there is a sufficient number of gender specific correction officers on each shift to staff all posts that require gender specific tasks as set forth in this policy.

   
   

6. Factors to be Considered in Assigning Correction Officers to Transportation Posts

   Where a substantial and primary task of a transportation post is to conduct strip searches on a non-urgent basis, the transportation post shall be gender specific. Supervisors shall assign at least one (1) gender specific correction officer to transportation posts that require two (2) or more correction officers and where a regular duty (but not a substantial and primary task) of the transportation post requires strip searches of incarcerated persons to be performed on a non-urgent basis. If a second officer assigned to a transportation post is required to directly assist in a strip search, this officer also should be of the same gender as the IP. In the case where another officer is present, but not a direct participant in the search, this officer may be the opposite gender, but they shall avoid a direct view of the IP while they are unclothed.

7. Priority Override

An unexpected, exigent circumstance that threatens the security of the institution shall take priority over this policy. During such an unexpected, exigent circumstance, real or perceived, any restriction of duty contained in this policy shall be immediately subordinate to the most expedient and secure manner by which to respond to the exigent circumstance.