Ohio Sup.R. 7.22

(A) Referral process

A specialized docket shall include a written referral process that addresses how candidates

are identified, evaluated, and transferred into the docket. The referral process shall indicate

at what stage or stages of the legal process referrals will be considered.

(B) Assessment

(1) Candidates shall be promptly evaluated for admission into a specialized docket

using assessment tools and procedures based upon written legal and clinical

eligibility criteria.

(2) A specialized docket should use risk scales specific to the type of legal case,

participant, and desired outcome to increase predictive accuracy.

(3) All substance abuse, mental health, and other programming assessments shall

include available collateral information to ensure the accuracy of the assessment;

(4) A participant or the participant’s guardian shall complete a release of information

form to provide for communication about confidential information,

participation/progress in treatment, and compliance with the provisions of relevant

law, including the "Health Insurance Portability and Accountability Act of 1996,"

42 U.S.C. 300gg-42, as amended; 42 CFR Part 2; and R.C. 2151.421 and 2152.99;

(5) All screenings and assessments for treatment determinations shall be provided by

programs or persons who are appropriately licensed and trained to deliver such

services according to the standards of the profession.

(C) Decision on admission

(1) A specialized docket judge shall have discretion to decide the admission into a

specialized docket in accordance with the written criteria for the specialized docket.

(2) The written legal and clinical eligibility criteria do not create a right to participation

in a specialized docket.

(D) Acceptance into docket

(1) Before entering a specialized docket, each participant shall receive and agree to the

terms and conditions set forth in a detailed, written participation agreement and

participant handbook outlining the requirements and process of the specialized

docket.

(2) Each participant shall receive an explanation of responses to compliance and

noncompliance, including criteria for successful, neutral, and unsuccessful

specialized docket completion.

(3) In addition to any constitutional or legal right to counsel throughout the process, a

participant shall have the right to request the attendance of defense counsel during

the portion of a specialized docket treatment team meeting concerning the

participant.