Ohio Rev. Code » Chapter 5120
Ohio Revised Code

Ohio Rev. Code § 5120.01 (2026)

Director of rehabilitation and correction - powers and duties

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Effective:
March 31, 2003
Latest Legislation:
House Bill 510 - 124th General Assembly
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The director of rehabilitation and correction is the executive head of the department of rehabilitation and correction. All duties conferred on the various divisions and institutions of the department by law or by order of the director shall be performed under the rules and regulations that the director prescribes and shall be under the director's control. Inmates committed to the department of rehabilitation and correction shall be under the legal custody of the director or the director's designee, and the director or the director's designee shall have power to control transfers of inmates between the several state institutions included under section 5120.05 of the Revised Code.
Notes of Decisions
Cited in 38 cases (28 in the last 5 years), 1999–2026 · leading case: State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536.
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State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536. · cites it 31× “Both Sealey and Daniel at ¶ 41, recognize that the legislature may delegate authority to ODRC to draft the procedural rules to satisfy Morrissey, but disregard the legislature’s delegation of authority under R.C. 5120.01 to accomplish the task. 5 The question left unanswered by…”
O'Neal v. State (Slip Opinion), 2021-Ohio-3663, 192 N.E.3d 358. · cites it 22× “Is the protocol a “rule” because it was adopted under the authority of R.C. 5120.01? {¶ 51} R.C. 5120.01 provides, in part: The director of rehabilitation and correction is the executive head of the department of rehabilitation and correction.”
O'Neal v. State, 2020-Ohio-506, 146 N.E.3d 605. · cites it 5× “R.C. 5120.01 and 5120.36 set forth the powers and duties of ODRC and its director.”
State ex rel. Afscme v. Taft, 804 N.E.2d 88 (Ohio Ct. App. 3d Dist. 2004). · cites it 3× “The Director of ODRC is given the authority, under R.C. 5120.01, to issue orders controlling the institutions that ODRC operates.”
State v. Joyce, 2022-Ohio-3370, 197 N.E.3d 612. · cites it 2× “Nevertheless, the enabling statute R.C. 5120.01 requires that “[a]ll duties” conferred upon the ODRC by the legislature “shall be performed under the rules and regulations that the director prescribes and shall be under the director’s control.”
State v. Gamble, 2021-Ohio-1810, 173 N.E.3d 132. “This policy’s stated purpose is to govern and provide for the due process rights a prisoner sentenced to a non-life, indefinite term are afforded under the legislature’s delegation of authority to the ODRC under R.”
State v. Taylor, 2022-Ohio-3611, 198 N.E.3d 956. · cites it 2× “Nevertheless, the enabling statute R.C. 5120.01 requires that “[a]ll duties” conferred upon the ODRC by the legislature “shall be performed under the rules and regulations that the director prescribes and shall be under the director’s control.”
State v. Eaton, 2022-Ohio-2432, 192 N.E.3d 1236. “R.C. 5120.01 et seq., Ohio Adm.Code 5120-2-03, et seq.”
State v. Moran, 2022-Ohio-3610, 198 N.E.3d 922. · cites it 2× “Nevertheless, the enabling statute R.C. 5120.01 requires that “[a]ll duties” conferred upon the ODRC by the legislature “shall be performed under the rules and regulations that the director prescribes and shall be under the director’s control.”
State ex rel. Teagarden v. Igwe, 2024-Ohio-5772, 262 N.E.3d 354. · cites it 2× “{¶ 85} ODRC policy 01-COM-09 refers to R.C. 5120.01 and states that the purpose of the policy is to “establish general guidelines for working with the media, rules for news media interviews with offenders, and a media notification system for all areas of [ODRC]”.”
State v. Anderson, 2014-Ohio-1206. · cites it 2× “R.C. 5120.01. In addition, the legislature has provided that “[a]ll duties conferred on the various divisions and institutions of the department by law or by order of the director shall be performed under the rules and regulations that the director prescribes and shall be under…”
McGuire v. Ameritech Servs., Inc., 253 F. Supp. 2d 988 (S.D. Ohio 2003). “§ 5120.01; id. § 121.02(P). Although sheriffs administer their own county jails, see id.”
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