Ohio Revised Code

Ohio Rev. Code § 5120.05 (2026)

Maintenance and management of institutions

✓ current as of May 2026

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Effective:

March 17, 1998

Latest Legislation:

Senate Bill 111 - 122nd General Assembly

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The department of rehabilitation and correction may maintain, operate, manage, and govern all state institutions for the custody, control, training, and rehabilitation of persons convicted of crime and sentenced to correctional institutions.

The department may designate correctional institutions by appropriate respective names.

The department may receive from the department of youth services any children in the custody of the department of youth services, committed to the department of rehabilitation and correction by the department of youth services, upon the terms and conditions that are agreed upon by the departments.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2003–2024 · leading case: McGuire v. Ameritech Servs., Inc., 253 F. Supp. 2d 988 (S.D. Ohio 2003).

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McGuire v. Ameritech Servs., Inc., 253 F. Supp. 2d 988 (S.D. Ohio 2003). · cites it 4× “5 See Ohio Rev.Code § 5120.05; id. § 121.02(P): As its Director, Wilkinson is in charge of such operations and management, and has the authority to prescribe all rules and regulations related thereto.”

State Ex Rel. Afscme v. Taft, 804 N.E.2d 88 (Ohio Ct. App. 2004). · cites it 4× “01 also gives the director the power to control the transfer of inmates between state institutions under R.C. 5120.05. Pursuant to R.C. 5120.05, ODRC “may maintain, operate, manage, and govern all state institutions for the custody, control, training and rehabilitation of…”

O'Neal v. State, 2020 Ohio 506 (Ohio Ct. App. 2020). · cites it 3× “" R.C. 5120.05. R.C. 5120.01 and 5120.36 set forth the powers and duties of ODRC and its director.”

State ex rel. Oriana House, Inc. v. Montgomery, 110 Ohio St. 3d 456 (Ohio 2006). · cites it 2× “” R.C. 5120.05. Oriana House, in operating the Summit County CBCF, maintains custody of and provides training and rehabilitative services to convicted criminals, but Oriana House is not a CBCF.”

State ex rel. McCarley v. Ohio Dept. of Rehab. & Corr., 2023 Ohio 3175 (Ohio Ct. App. 2023). “01 provides 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 the director’s control.”

State ex rel. Ware v. Bratton, 2024 Ohio 260 (Ohio Ct. App. 2024). “” R.C. 5120.05. With regard to the authority of the director of ODRC, R.”

State v. Young, 2016 Ohio 5006 (Ohio Ct. App. 2016). “15 and R.C. 5120.05. Accordingly, we remand this matter for the trial court to determine whether appellant has completed his prison term for case No.”

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