As Re-reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 293 5
1997-1998 6
REPRESENTATIVES GERBERRY-LUCAS-FORD-GARCIA-BATCHELDER-LEWIS- 8
VESPER-SAWYER-LOGAN-OGG-COLONNA-VERICH-MASON- 9
SENATORS HAGAN-BLESSING-B. JOHNSON 10
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A B I L L
To amend sections 103.73, 341.41, 753.31, 2921.01, 14
and 2945.47 and to enact section 9.07 of the 15
Revised Code to expressly include within the
definition of "detention" the confinement in any 16
public or private facility of alleged or 17
convicted offenders or alleged or adjudicated 18
delinquent or unruly children who violate or
allegedly violate a law of Ohio, another state, 19
or the United States, to expressly include within 20
the definition of "detention facility" any public
or private facility used for detention of that 21
nature, to provide comprehensive criteria for the
establishment and operation in Ohio of privately 22
operated correction facilities that house 23
out-of-state prisoners, to clarify the
application of the law that prohibits "county 24
correctional officers" and "municipal
correctional officers" from affording prisoners 25
with access to weight exercise equipment or to 26
martial arts or fight training, and to declare an
emergency. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 103.73, 341.41, 753.31, 2921.01, 30
and 2945.47 be amended and section 9.07 of the Revised Code be 31
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enacted to read as follows:
Sec. 9.07. (A) AS USED IN THIS SECTION: 33
(1) "DEADLY WEAPON" HAS THE SAME MEANING AS IN SECTION 35
2923.11 OF THE REVISED CODE. 36
(2) "GOVERNING AUTHORITY OF A LOCAL PUBLIC ENTITY" MEANS 38
WHICHEVER OF THE FOLLOWING IS APPLICABLE: 39
(a) FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF THE 42
COUNTY;
(b) FOR A MUNICIPAL CORPORATION, THE LEGISLATIVE AUTHORITY 45
OF THE MUNICIPAL CORPORATION;
(c) FOR A COMBINATION OF COUNTIES, A COMBINATION OF 48
MUNICIPAL CORPORATIONS, OR A COMBINATION OF ONE OR MORE COUNTIES 49
AND ONE OR MORE MUNICIPAL CORPORATIONS, ALL BOARDS OF COUNTY 50
COMMISSIONERS AND LEGISLATIVE AUTHORITIES OF ALL OF THE COUNTIES 51
AND MUNICIPAL CORPORATIONS THAT COMBINED TO FORM A LOCAL PUBLIC 52
ENTITY FOR PURPOSES OF THIS SECTION.
(3) "LOCAL PUBLIC ENTITY" MEANS A COUNTY, A MUNICIPAL 54
CORPORATION, A COMBINATION OF COUNTIES, A COMBINATION OF 55
MUNICIPAL CORPORATIONS, OR A COMBINATION OF ONE OR MORE COUNTIES 56
AND ONE OR MORE MUNICIPAL CORPORATIONS. 57
(4) "OUT-OF-STATE JURISDICTION" MEANS THE UNITED STATES, 59
ANY STATE OTHER THAN THIS STATE, AND ANY POLITICAL SUBDIVISION OR 61
OTHER JURISDICTION LOCATED IN A STATE OTHER THAN THIS STATE. 62
(5) "OUT-OF-STATE PRISONER" MEANS A PERSON WHO IS 64
CONVICTED OF A CRIME IN ANOTHER STATE OR UNDER THE LAWS OF THE 66
UNITED STATES OR WHO IS FOUND UNDER THE LAWS OF ANOTHER STATE OR 67
OF THE UNITED STATES TO BE A DELINQUENT CHILD OR THE 69
SUBSTANTIALLY EQUIVALENT DESIGNATION.
(6) "PRIVATE CONTRACTOR" MEANS EITHER OF THE FOLLOWING: 71
(a) A PERSON WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS 73
SECTION, ENTERS INTO A CONTRACT UNDER THIS SECTION WITH A LOCAL 75
PUBLIC ENTITY TO OPERATE AND MANAGE A CORRECTIONAL FACILITY IN 76
THIS STATE FOR OUT-OF-STATE PRISONERS. 77
(2) A PERSON WHO, PURSUANT TO A CONTRACT WITH A LOCAL 79
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PUBLIC ENTITY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS 80
SECTION, OPERATES AND MANAGES ON THE EFFECTIVE DATE OF THIS 81
SECTION A CORRECTIONAL FACILITY IN THIS STATE FOR HOUSING 82
OUT-OF-STATE PRISONERS.
(B) SUBJECT TO DIVISION (I) OF THIS SECTION, THE ONLY 84
ENTITIES OTHER THAN THIS STATE THAT ARE AUTHORIZED TO OPERATE A 85
CORRECTIONAL FACILITY TO HOUSE OUT-OF-STATE PRISONERS IN THIS 86
STATE ARE A LOCAL PUBLIC ENTITY THAT OPERATES A CORRECTIONAL 87
FACILITY PURSUANT TO THIS SECTION OR A PRIVATE CONTRACTOR THAT 88
OPERATES A CORRECTIONAL FACILITY PURSUANT TO THIS SECTION UNDER A 90
CONTRACT WITH A LOCAL PUBLIC ENTITY.
SUBJECT TO DIVISION (I) OF THIS SECTION, A PRIVATE ENTITY 93
MAY OPERATE A CORRECTIONAL FACILITY IN THIS STATE FOR THE HOUSING 94
OF OUT-OF-STATE PRISONERS ONLY IF THE PRIVATE ENTITY IS A PRIVATE 95
CONTRACTOR THAT ENTERS INTO A CONTRACT THAT COMPORTS WITH 96
DIVISION (D) OF THIS SECTION WITH A LOCAL PUBLIC ENTITY FOR THE 97
MANAGEMENT AND OPERATION OF THE CORRECTIONAL FACILITY. 98
(C)(1) EXCEPT AS PROVIDED IN THIS DIVISION, ON AND AFTER 101
THE EFFECTIVE DATE OF THIS SECTION, A LOCAL PUBLIC ENTITY SHALL 102
NOT ENTER INTO A CONTRACT WITH AN OUT-OF-STATE JURISDICTION TO 103
HOUSE OUT-OF-STATE PRISONERS IN A CORRECTIONAL FACILITY IN THIS 104
STATE. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, A LOCAL 105
PUBLIC ENTITY MAY ENTER INTO A CONTRACT WITH AN OUT-OF-STATE 106
JURISDICTION TO HOUSE OUT-OF-STATE PRISONERS IN A CORRECTIONAL 107
FACILITY IN THIS STATE ONLY IF THE LOCAL PUBLIC ENTITY AND THE 108
OUT-OF-STATE JURISDICTION WITH WHICH THE LOCAL PUBLIC ENTITY 109
INTENDS TO CONTRACT JOINTLY SUBMIT TO THE DEPARTMENT OF 110
REHABILITATION AND CORRECTION A STATEMENT THAT CERTIFIES THE 111
CORRECTIONAL FACILITY'S INTENDED USE, INTENDED PRISONER 112
POPULATION, AND CUSTODY LEVEL, AND THE DEPARTMENT REVIEWS AND 113
COMMENTS UPON THE PLANS FOR THE DESIGN OR RENOVATION OF THE 114
CORRECTIONAL FACILITY REGARDING THEIR SUITABILITY FOR THE 116
INTENDED PRISONER POPULATION SPECIFIED IN THE SUBMITTED 117
STATEMENT.
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(2) IF A LOCAL PUBLIC ENTITY AND AN OUT-OF-STATE 119
JURISDICTION ENTER INTO A CONTRACT TO HOUSE OUT-OF-STATE 120
PRISONERS IN A CORRECTIONAL FACILITY IN THIS STATE AS AUTHORIZED 121
UNDER DIVISION (C)(1) OF THIS SECTION, IN ADDITION TO ANY OTHER 123
PROVISIONS IT CONTAINS, THE CONTRACT SHALL INCLUDE WHICHEVER OF 124
THE FOLLOWING PROVISIONS IS APPLICABLE:
(a) IF A PRIVATE CONTRACTOR WILL OPERATE THE FACILITY IN 127
QUESTION PURSUANT TO A CONTRACT ENTERED INTO IN ACCORDANCE WITH 128
DIVISION (D) OF THIS SECTION, A REQUIREMENT THAT, IF THE FACILITY 129
IS CLOSED OR CEASES TO OPERATE FOR ANY REASON AND IF THE 130
CONVERSION PLAN DESCRIBED IN DIVISION (D)(16) OF THIS SECTION IS 132
NOT COMPLIED WITH, THE OUT-OF-STATE JURISDICTION WILL BE 133
RESPONSIBLE FOR HOUSING AND TRANSPORTING THE PRISONERS WHO ARE IN 134
THE FACILITY AT THE TIME IT IS CLOSED OR CEASES TO OPERATE AND 135
FOR THE COST OF SO HOUSING AND TRANSPORTING THOSE PRISONERS; 136
(b) IF A PRIVATE CONTRACTOR WILL NOT OPERATE THE FACILITY 139
IN QUESTION PURSUANT TO A CONTRACT ENTERED INTO IN ACCORDANCE 140
WITH DIVISION (D) OF THIS SECTION, A CONVERSION PLAN THAT WILL BE 142
FOLLOWED IF, FOR ANY REASON, THE FACILITY IS CLOSED OR CEASES TO 143
OPERATE. THE CONVERSION PLAN SHALL INCLUDE, BUT IS NOT LIMITED 144
TO, PROVISIONS THAT SPECIFY WHETHER THE LOCAL PUBLIC ENTITY OR 145
THE OUT-OF-STATE JURISDICTION WILL BE RESPONSIBLE FOR HOUSING AND 146
TRANSPORTING THE PRISONERS WHO ARE IN THE FACILITY AT THE TIME IT 147
IS CLOSED OR CEASES TO OPERATE AND FOR THE COST OF SO HOUSING AND 148
TRANSPORTING THOSE PRISONERS.
(3) IF A LOCAL PUBLIC ENTITY AND A PRIVATE CONTRACTOR 150
INTEND TO ENTER INTO A CONTRACT PURSUANT TO DIVISION (D) OF THIS 152
SECTION FOR THE PRIVATE CONTRACTOR'S MANAGEMENT AND OPERATION OF
A CORRECTIONAL FACILITY IN THIS STATE TO HOUSE OUT-OF-STATE 153
PRISONERS, PRIOR TO ENTERING INTO THE CONTRACT THE LOCAL PUBLIC 154
ENTITY AND THE PRIVATE CONTRACTOR SHALL CONDUCT A PUBLIC HEARING 155
IN ACCORDANCE WITH THIS DIVISION. IF A PRIVATE ENTITY INTENDS TO 156
MANAGE AND OPERATE A CORRECTIONAL FACILITY IN THIS STATE TO HOUSE 157
OUT-OF-STATE PRISONERS WITHOUT ENTERING INTO A CONTRACT PURSUANT
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TO DIVISION (D) OF THIS SECTION WITH A LOCAL PUBLIC ENTITY, PRIOR 159
TO COMMENCING CONSTRUCTION OR RENOVATION OF THE FACILITY OR, IF 160
THE FACILITY IS AN EXISTING FACILITY, PRIOR TO OPENING THE
FACILITY, THE PRIVATE ENTITY SHALL CONDUCT A PUBLIC HEARING IN 161
ACCORDANCE WITH THIS DIVISION. THE HEARING SHALL BE CONDUCTED AT 162
A LOCATION WITHIN THE MUNICIPAL CORPORATION OR TOWNSHIP IN WHICH 164
THE FACILITY IS OR WILL BE LOCATED. AT LEAST ONE WEEK PRIOR TO 165
CONDUCTING THE HEARING, THE LOCAL PUBLIC ENTITY OR PRIVATE ENTITY
WITH THE DUTY TO CONDUCT THE HEARING SHALL CAUSE NOTICE OF THE 167
DATE, TIME, AND PLACE OF THE HEARING TO BE MADE BY PUBLICATION IN 169
THE NEWSPAPER WITH THE LARGEST GENERAL CIRCULATION IN THE COUNTY 170
IN WHICH THE MUNICIPAL CORPORATION OR TOWNSHIP IS LOCATED. THE 171
NOTICE SHALL BE OF A SUFFICIENT SIZE THAT IT COVERS AT LEAST 172
ONE-QUARTER OF A PAGE OF THE NEWSPAPER IN WHICH IT IS PUBLISHED. 173
THIS DIVISION APPLIES TO A PRIVATE CONTRACTOR THAT, PURSUANT TO
THE REQUIREMENT SET FORTH IN DIVISION (I) OF THIS SECTION, IS 174
REQUIRED TO ENTER INTO A CONTRACT UNDER DIVISION (D) OF THIS 175
SECTION.
(D) SUBJECT TO DIVISION (I) OF THIS SECTION, ON AND AFTER 178
THE EFFECTIVE DATE OF THIS SECTION, IF A LOCAL PUBLIC ENTITY
ENTERS INTO A CONTRACT WITH A PRIVATE CONTRACTOR FOR THE 179
MANAGEMENT AND OPERATION OF A CORRECTIONAL FACILITY IN THIS STATE 180
TO HOUSE OUT-OF-STATE PRISONERS, THE CONTRACT, AT A MINIMUM, 181
SHALL INCLUDE ALL OF THE FOLLOWING PROVISIONS:
(1) A REQUIREMENT THAT THE PRIVATE CONTRACTOR SEEK AND 183
OBTAIN ACCREDITATION FROM THE AMERICAN CORRECTIONAL ASSOCIATION 184
FOR THE CORRECTIONAL FACILITY WITHIN TWO YEARS AFTER ACCEPTING 185
THE FIRST OUT-OF-STATE PRISONER AT THE CORRECTIONAL FACILITY 186
UNDER THE CONTRACT AND THAT IT MAINTAIN THAT ACCREDITATION FOR 187
THE TERM OF THE CONTRACT;
(2) A REQUIREMENT THAT THE PRIVATE CONTRACTOR COMPLY WITH 189
ALL APPLICABLE LAWS, RULES, OR REGULATIONS OF THE GOVERNMENT OF 190
THIS STATE, POLITICAL SUBDIVISIONS OF THIS STATE, AND THE UNITED 192
STATES, INCLUDING, BUT NOT LIMITED TO, ALL SANITATION, FOOD 194
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SERVICE, SAFETY, AND HEALTH REGULATIONS; 195
(3) A REQUIREMENT THAT THE PRIVATE CONTRACTOR SEND COPIES 197
OF REPORTS OF INSPECTIONS COMPLETED BY APPROPRIATE AUTHORITIES 198
REGARDING COMPLIANCE WITH LAWS, RULES, AND REGULATIONS OF THE 199
TYPE DESCRIBED IN DIVISION (D)(2) OF THIS SECTION TO THE DIRECTOR 202
OF REHABILITATION AND CORRECTION OR THE DIRECTOR'S DESIGNEE AND 203
TO THE GOVERNING AUTHORITY OF THE LOCAL PUBLIC ENTITY IN WHICH 204
THE CORRECTIONAL FACILITY IS LOCATED;
(4) A REQUIREMENT THAT THE PRIVATE CONTRACTOR REPORT TO 206
THE LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE 207
PLACE AT WHICH THE CORRECTIONAL FACILITY IS LOCATED, FOR 208
INVESTIGATION, ALL CRIMINAL OFFENSES OR DELINQUENT ACTS THAT ARE 209
COMMITTED IN OR ON THE GROUNDS OF, OR OTHERWISE IN CONNECTION 210
WITH, THE CORRECTIONAL FACILITY AND REPORT TO THE DEPARTMENT OF 211
REHABILITATION AND CORRECTION ALL ESCAPES FROM OR DISTURBANCES AT 213
THE FACILITY;
(5) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE A 215
WRITTEN REPORT TO THE DIRECTOR OF REHABILITATION AND CORRECTION 216
OR THE DIRECTOR'S DESIGNEE AND TO THE GOVERNING AUTHORITY OF THE 217
LOCAL PUBLIC ENTITY IN WHICH THE CORRECTIONAL FACILITY IS LOCATED 219
OF ALL UNUSUAL INCIDENTS OCCURRING AT THE CORRECTIONAL FACILITY. 220
THE PRIVATE CONTRACTOR SHALL REPORT THE INCIDENTS IN ACCORDANCE
WITH THE INCIDENT REPORTING RULES THAT, AT THE TIME OF THE 222
INCIDENT, ARE APPLICABLE TO STATE CORRECTIONAL FACILITIES FOR 223
SIMILAR INCIDENTS OCCURRING AT STATE CORRECTIONAL FACILITIES. 224
(6) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE 226
INTERNAL AND PERIMETER SECURITY TO PROTECT THE PUBLIC, STAFF 227
MEMBERS OF THE CORRECTIONAL FACILITY, AND PRISONERS IN THE 228
CORRECTIONAL FACILITY; 229
(7) A REQUIREMENT THAT THE CORRECTIONAL FACILITY BE 231
STAFFED AT ALL TIMES WITH A STAFFING PATTERN THAT IS ADEQUATE TO 232
ENSURE SUPERVISION OF INMATES AND MAINTENANCE OF SECURITY WITHIN 233
THE CORRECTIONAL FACILITY AND TO PROVIDE FOR APPROPRIATE 234
PROGRAMS, TRANSPORTATION, SECURITY, AND OTHER OPERATIONAL NEEDS. 235
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IN DETERMINING SECURITY NEEDS FOR THE CORRECTIONAL FACILITY, THE 237
PRIVATE CONTRACTOR AND THE CONTRACT REQUIREMENTS SHALL FULLY TAKE 238
INTO ACCOUNT ALL RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO, 239
THE PROXIMITY OF THE FACILITY TO NEIGHBORHOODS AND SCHOOLS. 240
(8) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE AN 242
ADEQUATE POLICY OF INSURANCE THAT SATISFIES THE REQUIREMENTS SET 243
FORTH IN DIVISION (D) OF SECTION 9.06 OF THE REVISED CODE 245
REGARDING CONTRACTORS WHO OPERATE AND MANAGE A FACILITY UNDER 246
THAT SECTION, AND THAT THE PRIVATE CONTRACTOR INDEMNIFY, DEFEND, 247
AND HOLD HARMLESS THE STATE, ITS OFFICERS, AGENTS, AND EMPLOYEES, 248
AND ANY LOCAL PUBLIC ENTITY IN THE STATE WITH JURISDICTION OVER 249
THE PLACE AT WHICH THE CORRECTIONAL FACILITY IS LOCATED OR THAT 250
OWNS THE CORRECTIONAL FACILITY IN THE MANNER DESCRIBED IN 252
DIVISION (D) OF THAT SECTION REGARDING CONTRACTORS WHO OPERATE 253
AND MANAGE A FACILITY UNDER THAT SECTION; 254
(9) A REQUIREMENT THAT THE PRIVATE CONTRACTOR DEVELOP A 256
SECURITY CLASSIFICATION SCHEDULE FOR PRISONERS HOUSED IN THE 257
CORRECTIONAL FACILITY, CLASSIFY IN ACCORDANCE WITH THE SCHEDULE 258
EACH PRISONER HOUSED IN THE FACILITY, AND HOUSE ALL PRISONERS IN 259
THE FACILITY IN ACCORDANCE WITH THEIR CLASSIFICATION UNDER THIS 260
DIVISION; 261
(10) A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT 263
ACCEPT FOR HOUSING, AND WILL NOT HOUSE, IN THE CORRECTIONAL 264
FACILITY ANY OUT-OF-STATE PRISONER IN RELATION TO WHOM EITHER OF 266
THE FOLLOWING APPLIES:
(a) THE PRIVATE ENTITY HAS NOT OBTAINED FROM THE 268
OUT-OF-STATE JURISDICTION THAT IMPOSED THE SENTENCE OR SANCTION 269
UNDER WHICH THE PRISONER WILL BE CONFINED IN THIS STATE A COPY OF 271
THE INSTITUTIONAL RECORD OF THE PRISONER WHILE PREVIOUSLY
CONFINED IN THAT OUT-OF-STATE JURISDICTION OR A STATEMENT THAT 272
THE PRISONER PREVIOUSLY HAS NOT BEEN CONFINED IN THAT 273
OUT-OF-STATE JURISDICTION AND A COPY OF ALL MEDICAL RECORDS 274
PERTAINING TO THAT PRISONER THAT ARE IN THE POSSESSION OF THE 275
OUT-OF-STATE JURISDICTION. 276
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(b) THE PRISONER, WHILE CONFINED IN ANY OUT-OF-STATE 279
JURISDICTION, HAS A RECORD OF INSTITUTIONAL VIOLENCE INVOLVING 280
THE USE OF A DEADLY WEAPON, A PATTERN OF COMMITTING ACTS OF AN 281
ASSAULTIVE NATURE AGAINST EMPLOYEES OF, OR VISITORS TO, THE PLACE 282
OF CONFINEMENT, A RECORD INDICATING A PATTERN OF VIOLENCE, OR A 283
RECORD OF ESCAPE OR ATTEMPTED ESCAPE FROM SECURE CUSTODY. 284
(11) A REQUIREMENT THAT THE PRIVATE CONTRACTOR, PRIOR TO 286
HOUSING ANY OUT-OF-STATE PRISONER IN THE CORRECTIONAL FACILITY 287
UNDER THE CONTRACT, ENTER INTO A WRITTEN AGREEMENT WITH THE 288
DEPARTMENT OF REHABILITATION AND CORRECTION THAT SETS FORTH A 290
PLAN AND PROCEDURE THAT WILL BE USED TO COORDINATE LAW 291
ENFORCEMENT ACTIVITIES OF STATE LAW ENFORCEMENT AGENCIES AND OF
LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE 292
AT WHICH THE FACILITY IS LOCATED IN RESPONSE TO ANY RIOT, 293
REBELLION, ESCAPE, INSURRECTION, OR OTHER EMERGENCY OCCURRING 294
INSIDE OR OUTSIDE THE FACILITY; 295
(12) A REQUIREMENT THAT THE PRIVATE CONTRACTOR COOPERATE 297
WITH THE CORRECTIONAL INSTITUTION INSPECTION COMMITTEE IN THE 298
COMMITTEE'S PERFORMANCE OF ITS DUTIES UNDER SECTION 103.73 OF THE 300
REVISED CODE AND PROVIDE THE COMMITTEE, ITS SUBCOMMITTEES, AND 301
ITS STAFF MEMBERS, IN PERFORMING THOSE DUTIES, WITH ACCESS TO THE 302
CORRECTIONAL FACILITY AS DESCRIBED IN THAT SECTION; 303
(13) A REQUIREMENT THAT THE PRIVATE CONTRACTOR PERMIT ANY 305
PEACE OFFICER WHO SERVES A LAW ENFORCEMENT AGENCY WITH 306
JURISDICTION OVER THE PLACE AT WHICH THE CORRECTIONAL FACILITY IS 308
LOCATED TO ENTER INTO THE FACILITY TO INVESTIGATE ANY CRIMINAL 309
OFFENSE OR DELINQUENT ACT THAT ALLEGEDLY HAS BEEN COMMITTED IN OR 310
ON THE GROUNDS OF, OR OTHERWISE IN CONNECTION WITH, THE FACILITY; 311
(14) A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT 313
EMPLOY ANY PERSON AT THE CORRECTIONAL FACILITY UNTIL AFTER THE 314
PRIVATE CONTRACTOR HAS SUBMITTED TO THE BUREAU OF CRIMINAL 315
IDENTIFICATION AND INVESTIGATION, ON A FORM PRESCRIBED BY THE 316
SUPERINTENDENT OF THE BUREAU, A REQUEST THAT THE BUREAU CONDUCT A 317
CRIMINAL RECORDS CHECK OF THE PERSON AND A REQUIREMENT THAT THE 318
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PRIVATE CONTRACTOR WILL NOT EMPLOY ANY PERSON AT THE FACILITY IF 319
THE RECORDS CHECK OR OTHER INFORMATION POSSESSED BY THE 320
CONTRACTOR INDICATES THAT THE PERSON PREVIOUSLY HAS ENGAGED IN 321
MALFEASANCE; 322
(15) A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT 324
ACCEPT FOR HOUSING, AND WILL NOT HOUSE, IN THE CORRECTIONAL 325
FACILITY ANY OUT-OF-STATE PRISONER UNLESS THE PRIVATE CONTRACTOR 326
AND THE OUT-OF-STATE JURISDICTION THAT IMPOSED THE SENTENCE FOR 327
WHICH THE PRISONER IS TO BE CONFINED AGREE THAT, IF THE 328
OUT-OF-STATE PRISONER IS CONFINED IN THE FACILITY IN THIS STATE, 329
COMMITS A CRIMINAL OFFENSE WHILE CONFINED IN THE FACILITY, IS 330
CONVICTED OF OR PLEADS GUILTY TO THAT OFFENSE, AND IS SENTENCED 331
TO A TERM OF CONFINEMENT FOR THAT OFFENSE BUT IS NOT SENTENCED TO 332
DEATH FOR THAT OFFENSE, THE PRIVATE CONTRACTOR AND THE 333
OUT-OF-STATE JURISDICTION WILL DO ALL OF THE FOLLOWING: 334
(a) UNLESS SECTION 5120.50 OF THE REVISED CODE DOES NOT 337
APPLY IN RELATION TO THE OFFENSE THE PRISONER COMMITTED WHILE
CONFINED IN THIS STATE AND THE TERM OF CONFINEMENT IMPOSED FOR 339
THAT OFFENSE, THE OUT-OF-STATE JURISDICTION WILL ACCEPT THE 341
PRISONER PURSUANT TO THAT SECTION FOR SERVICE OF THAT TERM OF 343
CONFINEMENT AND FOR ANY PERIOD OF TIME REMAINING UNDER THE
SENTENCE FOR WHICH THE PRISONER WAS CONFINED IN THE FACILITY IN 344
THIS STATE, THE OUT-OF-STATE JURISDICTION WILL CONFINE THE 345
PRISONER PURSUANT TO THAT SECTION FOR THAT TERM AND THAT 346
REMAINING PERIOD OF TIME, AND THE PRIVATE CONTRACTOR WILL 347
TRANSPORT THE PRISONER TO THE OUT-OF-STATE JURISDICTION FOR 348
SERVICE OF THAT TERM AND THAT REMAINING PERIOD OF TIME. 349
(b) IF SECTION 5120.50 OF THE REVISED CODE DOES NOT APPLY 351
IN RELATION TO THE OFFENSE THE PRISONER COMMITTED WHILE CONFINED 352
IN THIS STATE AND THE TERM OF CONFINEMENT IMPOSED FOR THAT 353
OFFENSE, THE PRISONER SHALL BE RETURNED TO THE OUT-OF-STATE 354
JURISDICTION OR ITS PRIVATE CONTRACTOR FOR COMPLETION OF THE 355
PERIOD OF TIME REMAINING UNDER THE OUT-OF-STATE SENTENCE FOR 357
WHICH THE PRISONER WAS CONFINED IN THE FACILITY IN THIS STATE
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BEFORE STARTING SERVICE OF THE TERM OF CONFINEMENT IMPOSED FOR 359
THE OFFENSE COMMITTED WHILE CONFINED IN THIS STATE, THE 360
OUT-OF-STATE JURISDICTION OR ITS PRIVATE CONTRACTOR WILL CONFINE 361
THE PRISONER FOR THAT REMAINING PERIOD OF TIME AND WILL TRANSPORT
THE PRISONER OUTSIDE OF THIS STATE FOR SERVICE OF THAT REMAINING 362
PERIOD OF TIME, AND, IF THE PRISONER IS CONFINED IN THIS STATE IN 364
A FACILITY OPERATED BY THE DEPARTMENT OF REHABILITATION AND 365
CORRECTION, THE PRIVATE CONTRACTOR WILL BE FINANCIALLY
RESPONSIBLE FOR REIMBURSING THE DEPARTMENT AT THE PER DIEM COST 366
OF CONFINEMENT FOR THE DURATION OF THAT INCARCERATION, WITH THE 367
AMOUNT OF THE REIMBURSEMENT SO PAID TO BE DEPOSITED IN THE 368
DEPARTMENT'S PRISONER PROGRAMS FUND. 369
(16) A REQUIREMENT THAT THE PRIVATE CONTRACTOR, PRIOR TO 372
HOUSING ANY OUT-OF-STATE PRISONER IN THE CORRECTIONAL FACILITY 373
UNDER THE CONTRACT, ENTER INTO AN AGREEMENT WITH THE LOCAL PUBLIC 374
ENTITY THAT SETS FORTH A CONVERSION PLAN THAT WILL BE FOLLOWED 375
IF, FOR ANY REASON, THE FACILITY IS CLOSED OR CEASES TO OPERATE. 376
THE CONVERSION PLAN SHALL INCLUDE, BUT IS NOT LIMITED TO, 377
PROVISIONS THAT SPECIFY WHETHER THE PRIVATE CONTRACTOR, THE LOCAL 378
PUBLIC ENTITY, OR THE OUT-OF-STATE JURISDICTIONS THAT IMPOSED THE 379
SENTENCES FOR WHICH THE OUT-OF-STATE PRISONERS ARE CONFINED IN 380
THE FACILITY WILL BE RESPONSIBLE FOR HOUSING AND TRANSPORTING THE 381
PRISONERS WHO ARE IN THE FACILITY AT THE TIME IT IS CLOSED OR 382
CEASES TO OPERATE AND FOR THE COST OF SO HOUSING AND TRANSPORTING 383
THOSE PRISONERS.
(17) A SCHEDULE OF FINES THAT THE LOCAL PUBLIC ENTITY 385
SHALL IMPOSE UPON THE PRIVATE CONTRACTOR IF THE PRIVATE 386
CONTRACTOR FAILS TO PERFORM ITS CONTRACTUAL DUTIES, AND A 387
REQUIREMENT THAT, IF THE PRIVATE CONTRACTOR FAILS TO PERFORM ITS 388
CONTRACTUAL DUTIES, THE LOCAL PUBLIC ENTITY SHALL IMPOSE A FINE 390
ON THE PRIVATE CONTRACTOR FROM THE SCHEDULE OF FINES AND, IN
ADDITION TO THE FINE, MAY EXERCISE ANY OTHER RIGHTS IT HAS UNDER 392
THE CONTRACT. DIVISION (F)(2) OF THIS SECTION APPLIES REGARDING 393
A FINE DESCRIBED IN THIS DIVISION.
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(18) A REQUIREMENT THAT THE PRIVATE CONTRACTOR ADOPT AND 395
USE IN THE CORRECTIONAL FACILITY THE DRUG TESTING AND TREATMENT 396
PROGRAM THAT THE DEPARTMENT OF REHABILITATION AND CORRECTION USES 397
FOR INMATES IN STATE CORRECTIONAL INSTITUTIONS. 398
(E) A PRIVATE CORRECTIONAL OFFICER OR OTHER DESIGNATED 401
EMPLOYEE OF A PRIVATE CONTRACTOR THAT OPERATES A CORRECTIONAL 402
FACILITY THAT HOUSES OUT-OF-STATE PRISONERS IN THIS STATE UNDER A 403
CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE 404
OF THIS SECTION MAY CARRY AND USE FIREARMS IN THE COURSE OF THE 405
OFFICER'S OR EMPLOYEE'S EMPLOYMENT ONLY IF THE OFFICER OR
EMPLOYEE IS CERTIFIED AS HAVING SATISFACTORILY COMPLETED AN 406
APPROVED TRAINING PROGRAM DESIGNED TO QUALIFY PERSONS FOR 408
POSITIONS AS SPECIAL POLICEMEN, SECURITY GUARDS, OR PERSONS 409
OTHERWISE PRIVATELY EMPLOYED IN A POLICE CAPACITY, AS DESCRIBED 410
IN DIVISION (A) OF SECTION 109.78 OF THE REVISED CODE. 413
(F)(1) UPON NOTIFICATION BY THE PRIVATE CONTRACTOR OF AN 416
ESCAPE FROM, OR OF A DISTURBANCE AT, A CORRECTIONAL FACILITY THAT 417
IS OPERATED BY A PRIVATE CONTRACTOR UNDER A CONTRACT ENTERED INTO 418
PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND 419
THAT HOUSES OUT-OF-STATE PRISONERS IN THIS STATE, THE DEPARTMENT 420
OF REHABILITATION AND CORRECTION AND STATE AND LOCAL LAW 421
ENFORCEMENT AGENCIES SHALL USE ALL REASONABLE MEANS TO RECAPTURE 422
PERSONS WHO ESCAPED FROM THE FACILITY OR QUELL ANY DISTURBANCE AT 423
THE FACILITY, IN ACCORDANCE WITH THE PLAN AND PROCEDURE INCLUDED 424
IN THE WRITTEN AGREEMENT ENTERED INTO UNDER DIVISION (D)(11) OF 425
THIS SECTION IN RELATION TO CONTRACTS ENTERED INTO ON OR AFTER 426
THE EFFECTIVE DATE OF THIS SECTION, AND IN ACCORDANCE WITH THEIR 427
NORMAL PROCEDURES IN RELATION TO CONTRACTS ENTERED INTO PRIOR TO 428
THE EFFECTIVE DATE OF THIS SECTION. ANY COST INCURRED BY THIS 429
STATE OR A POLITICAL SUBDIVISION OF THIS STATE RELATING TO THE 430
APPREHENSION OF A PERSON WHO ESCAPED FROM THE FACILITY, TO THE 431
QUELLING OF A DISTURBANCE AT THE FACILITY, OR TO THE
INVESTIGATION OR PROSECUTION AS DESCRIBED IN DIVISION (G)(2) OF 432
THIS SECTION OF ANY OFFENSE RELATING TO THE ESCAPE OR DISTURBANCE 433
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SHALL BE CHARGEABLE TO AND BORNE BY THE PRIVATE CONTRACTOR. THE 434
CONTRACTOR ALSO SHALL REIMBURSE THE STATE OR ITS POLITICAL 435
SUBDIVISIONS FOR ALL REASONABLE COSTS INCURRED RELATING TO THE 436
TEMPORARY DETENTION OF A PERSON WHO ESCAPED FROM THE FACILITY, 437
FOLLOWING THE PERSON'S RECAPTURE. 438
(2) IF A PRIVATE CONTRACTOR THAT, ON OR AFTER THE 440
EFFECTIVE DATE OF THIS SECTION, ENTERS INTO A CONTRACT UNDER THIS 441
SECTION WITH A LOCAL PUBLIC ENTITY FOR THE OPERATION OF A 442
CORRECTIONAL FACILITY THAT HOUSES OUT-OF-STATE PRISONERS FAILS TO 444
PERFORM ITS CONTRACTUAL DUTIES, THE LOCAL PUBLIC ENTITY SHALL 445
IMPOSE UPON THE PRIVATE CONTRACTOR A FINE FROM THE SCHEDULE OF 446
FINES INCLUDED IN THE CONTRACT AND MAY EXERCISE ANY OTHER RIGHTS
IT HAS UNDER THE CONTRACT. A FINE IMPOSED UNDER THIS DIVISION 448
SHALL BE PAID TO THE LOCAL PUBLIC ENTITY THAT ENTERS INTO THE 449
CONTRACT, AND THE LOCAL PUBLIC ENTITY SHALL DEPOSIT THE MONEY SO 450
PAID INTO ITS TREASURY TO THE CREDIT OF THE FUND USED TO PAY FOR 451
COMMUNITY POLICING. IF A FINE IS IMPOSED UNDER THIS DIVISION, 452
THE LOCAL PUBLIC ENTITY MAY REDUCE THE PAYMENT OWED TO THE 453
PRIVATE CONTRACTOR PURSUANT TO ANY INVOICE IN THE AMOUNT OF THE 454
FINE.
(G)(1) ANY ACT OR OMISSION THAT WOULD BE A CRIMINAL 457
OFFENSE OR A DELINQUENT ACT IF COMMITTED AT A STATE CORRECTIONAL 458
INSTITUTION OR AT A JAIL, WORKHOUSE, PRISON, OR OTHER 459
CORRECTIONAL FACILITY OPERATED BY THIS STATE OR BY ANY POLITICAL 460
SUBDIVISION OR GROUP OF POLITICAL SUBDIVISIONS OF THIS STATE 461
SHALL BE A CRIMINAL OFFENSE OR DELINQUENT ACT IF COMMITTED BY OR 462
WITH REGARD TO ANY OUT-OF-STATE PRISONER WHO IS HOUSED AT ANY 463
CORRECTIONAL FACILITY OPERATED BY A PRIVATE CONTRACTOR IN THIS 464
STATE PURSUANT TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER 465
THE EFFECTIVE DATE OF THIS SECTION.
(2) IF ANY POLITICAL SUBDIVISION OF THIS STATE EXPERIENCES 468
ANY COST IN THE INVESTIGATION OR PROSECUTION OF AN OFFENSE 469
COMMITTED BY AN OUT-OF-STATE PRISONER HOUSED IN A CORRECTIONAL 470
FACILITY OPERATED BY A PRIVATE CONTRACTOR IN THIS STATE PURSUANT 471
13
TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE 472
DATE OF THIS SECTION, THE PRIVATE CONTRACTOR SHALL REIMBURSE THE 473
POLITICAL SUBDIVISION FOR THE COSTS SO EXPERIENCED. 474
(H)(1) UPON THE COMPLETION OF AN OUT-OF-STATE PRISONER'S 476
TERM OF DETENTION AT A CORRECTIONAL FACILITY OPERATED BY A 477
PRIVATE CONTRACTOR IN THIS STATE PURSUANT TO A CONTRACT ENTERED 478
INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, 479
THE OPERATOR OF THE CORRECTIONAL FACILITY SHALL TRANSPORT THE 480
PRISONER TO THE OUT-OF-STATE JURISDICTION THAT IMPOSED THE
SENTENCE FOR WHICH THE PRISONER WAS CONFINED BEFORE IT RELEASES 481
THE PRISONER FROM ITS CUSTODY. 482
(2) NO PRIVATE CONTRACTOR THAT OPERATES AND MANAGES A 485
CORRECTIONAL FACILITY HOUSING OUT-OF-STATE PRISONERS IN THIS
STATE PURSUANT TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER 487
THE EFFECTIVE DATE OF THIS SECTION SHALL FAIL TO COMPLY WITH 489
DIVISION (H)(1) OF THIS SECTION.
(3) WHOEVER VIOLATES DIVISION (H)(2) OF THIS SECTION IS 492
GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 493
(I) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 496
PROVISIONS OF DIVISIONS (A) TO (H) OF THIS SECTION APPLY IN 497
RELATION TO ANY CORRECTIONAL FACILITY OPERATED BY A PRIVATE 498
CONTRACTOR IN THIS STATE TO HOUSE OUT-OF-STATE PRISONERS, 499
REGARDLESS OF WHETHER THE FACILITY IS OPERATED PURSUANT TO A 500
CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE
OF THIS SECTION. DIVISION (C)(1) OF THIS SECTION SHALL NOT APPLY 502
IN RELATION TO ANY CORRECTIONAL FACILITY FOR HOUSING OUT-OF-STATE 503
PRISONERS IN THIS STATE THAT IS OPERATED BY A PRIVATE CONTRACTOR
UNDER A CONTRACT ENTERED INTO WITH A LOCAL PUBLIC ENTITY PRIOR TO 504
THE EFFECTIVE DATE OF THIS SECTION. IF A PRIVATE CONTRACTOR 506
OPERATES A CORRECTIONAL FACILITY IN THIS STATE FOR THE HOUSING OF 508
OUT-OF-STATE PRISONERS UNDER A CONTRACT ENTERED INTO WITH A LOCAL 509
PUBLIC ENTITY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, NO 510
LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE PRIVATE CONTRACTOR SHALL ENTER INTO A CONTRACT 511
14
WITH THE LOCAL PUBLIC ENTITY THAT COMPORTS TO THE REQUIREMENTS 512
AND CRITERIA OF DIVISION (D) OF THIS SECTION. 513
Sec. 103.73. (A) The correctional institution inspection 522
committee shall do all of the following: 523
(1) Subject to division (C) of this section, establish and 525
maintain a continuing program of inspection of each state 526
correctional institution used for the custody, control, training, 527
and rehabilitation of persons convicted of crime AND OF EACH 528
PRIVATE CORRECTIONAL FACILITY. Subject to division (C) of this 529
section, the committee may inspect any local correctional 531
institution used for the same purposes. Subject to division (C) 532
of this section, the committee, and each member of the committee, 533
for the purpose of making an inspection pursuant to this section, 534
shall have access to any state or local correctional institution, 535
TO ANY PRIVATE CORRECTIONAL FACILITY, or to any part of the 537
institution OR FACILITY and shall not be required to give advance 538
notice of, or to make prior arrangements before conducting, an 539
inspection.
(2) Evaluate and assist in the development of programs to 541
improve the condition or operation of correctional institutions; 542
(3) Prepare a report for submission to the succeeding 544
general assembly of the findings the committee makes in its 545
inspections and of any programs that have been proposed or 547
developed to improve the condition or operation of the 548
correctional institutions in the state. The report shall contain 549
a separate evaluation of the inmate grievance procedure at each 550
state correctional institution. The committee shall submit the 551
report to the succeeding general assembly within fifteen days 552
after commencement of that general assembly's first regular 553
session.
(B) Subject to division (C) of this section, the committee 555
shall make an inspection of each state correctional institution 556
each biennium AND OF EACH PRIVATE CORRECTIONAL FACILITY EACH 557
BIENNIUM. The inspection shall include attendance at one general 558
15
meal period and one rehabilitative or educational program. 559
(C) An inspection of a state correctional institution, A 561
PRIVATE CORRECTIONAL FACILITY, or A local correctional 562
institution under division (A) or (B) of this section or under 564
section 103.74 of the Revised Code is subject to and shall be 565
conducted in accordance with all of the following:
(1) The inspection shall not be conducted unless the 567
chairperson of the committee grants prior approval for the 569
inspection. The grant of prior approval shall specify whether
the inspection is to be conducted by a subcommittee appointed 571
under section 103.74 of the Revised Code or is to be conducted 573
other than by a subcommittee appointed under that section. 574
(2) The inspection shall not be conducted unless one of 577
the following applies:
(a) If the inspection is to be conducted by a subcommittee 580
appointed under section 103.74 of the Revised Code, at least two 581
members appointed to the committee are present for the
inspection; 582
(b) If division (C)(2)(a) of this section does not apply, 585
at least one member appointed to the committee and at least one 586
staff member of the committee are present for the inspection.
(3) Unless the chairperson of the committee determines 589
that the inspection must be conducted outside of normal business 590
hours for any reason, including emergency circumstances or a 591
justifiable cause that perpetuates the mission of the committee, 592
and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined, the 594
inspection shall be conducted only during normal business hours.
If the chairperson determines that the inspection must be 595
conducted outside of normal business hours and the chairperson 596
specifies in the grant of prior approval for the inspection that 597
the chairperson has so determined, the inspection may be 598
conducted outside of normal business hours. 599
(4) If the inspection is to be conducted by a subcommittee 601
16
appointed under section 103.74 of the Revised Code, no staff 602
member of the committee may be present on the inspection unless 604
the chairperson of the committee, in the grant of prior approval 605
for the inspection, specifically authorizes staff members to be 606
present on the inspection. If the inspection is to be conducted 607
other than by a subcommittee appointed under that section, staff 610
members may be present on the inspection regardless of whether
the grant of prior approval contains a specific authorization for 611
staff members to be present on the inspection. 612
(D) AS USED IN THIS SECTION: 614
(1) "LOCAL PUBLIC ENTITY," "OUT-OF-STATE PRISONER," AND 616
"PRIVATE CONTRACTOR" HAVE THE SAME MEANINGS AS IN SECTION 9.07 OF 617
THE REVISED CODE.
(2) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL 620
FACILITY IN THIS STATE THAT HOUSES OUT-OF-STATE PRISONERS AND 621
THAT IS OPERATED BY A PRIVATE CONTRACTOR UNDER A CONTRACT WITH A
LOCAL PUBLIC ENTITY PURSUANT TO SECTION 9.07 OF THE REVISED CODE. 622
Sec. 341.41. (A) As used in this section: 631
(1) "Free weight exercise equipment" means any equipment 633
or device that is designed to increase the muscle mass and 634
physical strength of the person using it. "Free weight exercise 635
equipment" includes, but is not limited to, barbells, dumbbells, 637
weight plates, and similar free weight-type equipment and other 638
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 639
designates as enabling a person to increase muscle mass and 641
physical strength.
(2) "Fixed weight exercise equipment" means any equipment, 643
machine, or device that is not designed primarily to increase 645
muscle mass and physical strength but rather to keep a person in 646
relatively good physical condition. "Fixed weight exercise 647
equipment" includes, but is not limited to, weight machines that 648
utilize weight plates, tension bands, or similar devices that 649
provide weight training resistance like universal and nautilus 650
17
equipment. "Fixed weight exercise equipment" includes machines 651
that are usually assembled as a unit, are not readily dismantled, 652
and have been specifically modified for prison use so as to make 653
them secure and immobile.
(3) "County correctional officer" means a person who is 656
employed by a county as an employee or officer of a county jail, 657
county workhouse, minimum security jail, joint city and county 658
workhouse, municipal-county correctional center, 659
multicounty-municipal correctional center, municipal-county jail 660
or workhouse, or multicounty-municipal jail or workhouse. 661
(4) A PERSON IS "EMPLOYED BY A COUNTY" IF THE PERSON IS 663
EMPLOYED BY, OR RECEIVES ANY COMPENSATION OR BENEFITS FROM, ANY 664
OFFICIAL, OFFICER, OFFICE, AGENCY, BOARD, COMMISSION, DEPARTMENT, 665
OR OTHER ENTITY THAT IS A BRANCH OF COUNTY GOVERNMENT, THAT IS 666
ESTABLISHED BY A COUNTY, OR THAT SERVES A COUNTY, INCLUDING, BUT 667
NOT LIMITED TO, A SHERIFF.
(5) "Multicounty-municipal" has the same meaning as in 670
section 307.93 of the Revised Code.
(B) No county correctional officer shall do any of the 672
following: 673
(1) Provide a prisoner access to free weight or fixed 675
weight exercise equipment; 676
(2) Allow a prisoner to provide or receive instruction in 678
boxing, wrestling, karate, judo, or another form of martial arts, 679
or any other program that the department of rehabilitation and 680
correction, in rules adopted under section 5120.423 of the 682
Revised Code, designates as enabling a person to improve fighting 683
skills. 684
(C) Nothing in this section prohibits a county 687
correctional officer from allowing a prisoner to participate in
jogging, basketball, stationary exercise bicycling, supervised 689
calisthenics, or other physical activities that are not designed 690
to increase muscle mass and physical strength or improve fighting 691
skills. 692
18
Sec. 753.31. (A) As used in this section: 701
(1) "Free weight exercise equipment" means any equipment 703
or device that is designed to increase the muscle mass and 704
physical strength of the person using it. "Free weight exercise 705
equipment" includes, but is not limited to, barbells, dumbbells, 706
weight plates, and similar free weight-type equipment and other 708
devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, 709
designates as enabling a person to increase muscle mass and 710
physical strength.
(2) "Fixed weight exercise equipment" means any equipment, 712
machine, or device that is not designed primarily to increase 714
muscle mass and physical strength but rather to keep a person in 715
relatively good physical condition. "Fixed weight exercise 716
equipment" includes, but is not limited to, weight machines that 717
utilize weight plates, tension bands, or similar devices that 718
provide weight training resistance like universal and nautilus 719
equipment. "Fixed weight exercise equipment" includes machines 720
that are usually assembled as a unit, are not readily dismantled, 722
and have been specifically modified for prison use so as to make 723
them secure and immobile.
(3) "Municipal correctional officer" means a person who is 726
employed by a municipal corporation as an employee or officer of 727
a municipal jail, municipal workhouse, minimum security jail, 728
joint city and county workhouse, municipal-county correctional 729
center, multicounty-municipal correctional center, 730
municipal-county jail or workhouse, or multicounty-municipal jail 731
or workhouse.
(4) A PERSON IS "EMPLOYED BY A MUNICIPAL CORPORATION" IF 733
THE PERSON IS EMPLOYED BY, OR RECEIVES ANY COMPENSATION OR 734
BENEFITS FROM, ANY OFFICIAL, OFFICER, OFFICE, AGENCY, BOARD, 735
COMMISSION, DEPARTMENT, OR OTHER ENTITY THAT IS A BRANCH OF 737
MUNICIPAL GOVERNMENT, THAT IS ESTABLISHED BY A MUNICIPAL
CORPORATION, OR THAT SERVES A MUNICIPAL CORPORATION, INCLUDING, 738
19
BUT NOT LIMITED TO, A CHIEF LAW ENFORCEMENT OFFICER OF A 740
MUNICIPAL CORPORATION.
(5) "Multicounty-municipal" has the same meaning as in 743
section 307.93 of the Revised Code.
(B) No municipal correctional officer shall do any of the 746
following:
(1) Provide a prisoner access to free weight or fixed 748
weight exercise equipment; 749
(2) Allow a prisoner to provide or receive instruction in 751
boxing, wrestling, karate, judo, or another form of martial arts, 752
or any other program that the department of rehabilitation and 753
correction, in rules adopted under section 5120.423 of the 754
Revised Code, designates as enabling a person to improve fighting 756
skills.
(C) Nothing in this section prohibits a municipal 759
correctional officer from allowing a prisoner to participate in
jogging, basketball, stationary exercise bicycling, supervised 761
calisthenics, or other physical activities that are not designed 762
to increase muscle mass and physical strength or improve fighting 763
skills. 764
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of 773
the Revised Code: 774
(A) "Public official" means any elected or appointed 776
officer, or employee, or agent of the state or any political 777
subdivision, whether in a temporary or permanent capacity, and 778
includes, but is not limited to, legislators, judges, and law 780
enforcement officers.
(B) "Public servant" means any of the following: 782
(1) Any public official; 784
(2) Any person performing ad hoc a governmental function, 786
including, but not limited to, a juror, member of a temporary 788
commission, master, arbitrator, advisor, or consultant; 789
(3) A person who is a candidate for public office, whether 791
or not the person is elected or appointed to the office for which 793
20
the person is a candidate. A person is a candidate for purposes 795
of this division if the person has been nominated according to 796
law for election or appointment to public office, or if the 797
person has filed a petition or petitions as required by law to 798
have the person's name placed on the ballot in a primary, 799
general, or special election, or if the person campaigns as a 800
write-in candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an 802
elective or appointive post in a political party in the United 803
States or this state, by virtue of which the person directs, 804
conducts, or participates in directing or conducting party 806
affairs at any level of responsibility. 807
(D) "Official proceeding" means any proceeding before a 809
legislative, judicial, administrative, or other governmental 810
agency or official authorized to take evidence under oath, and 811
includes any proceeding before a referee, hearing examiner, 812
commissioner, notary, or other person taking testimony or a 813
deposition in connection with an official proceeding. 814
(E) "Detention" means arrest; confinement in any vehicle 816
subsequent to an arrest; confinement in any PUBLIC OR PRIVATE 817
facility for custody of persons charged with or convicted of 819
crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE 820
UNITED STATES or alleged or found to be a delinquent child or 822
unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF 823
THE UNITED STATES; hospitalization, institutionalization, or 824
confinement in any PUBLIC OR PRIVATE facility that is ordered 826
pursuant to or under the authority of section 2945.37, 2945.371, 827
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 828
Code; confinement in any vehicle for transportation to or from 830
any facility of any of those natures; detention for extradition 831
or deportation; except as provided in this division, supervision 832
by any employee of any facility of any of those natures that is 833
incidental to hospitalization, institutionalization, or 834
confinement in the facility but that occurs outside the facility; 835
21
or supervision by an employee of the department of rehabilitation 836
and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail 837
who participates in a county jail industry program pursuant to 838
section 5147.30 of the Revised Code, "detention" includes time 839
spent at an assigned work site and going to and from the work 840
site. 841
(F) "Detention facility" means any PUBLIC OR PRIVATE place 843
used for the confinement of a person charged with or convicted of 845
any crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE 846
UNITED STATES or alleged or found to be a delinquent child or 848
unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF 849
THE UNITED STATES.
(G) "Valuable thing or valuable benefit" includes, but is 851
not limited to, a contribution. This inclusion does not indicate 852
or imply that a contribution was not included in those terms 853
before September 17, 1986. 854
(H) "Campaign committee," "contribution," "political 856
action committee," "legislative campaign fund," and "political 858
party" have the same meanings as in section 3517.01 of the 859
Revised Code.
(I) "Provider agreement" and "medical assistance program" 861
have the same meanings as in section 2913.40 of the Revised Code. 862
Sec. 2945.47. (A)(1) AS USED IN THIS SECTION, "DETENTION 871
FACILITY" HAS THE SAME MEANING AS IN SECTION 2921.01 OF THE 872
REVISED CODE.
(2) If it is necessary in a criminal proceeding before the 875
court to procure the testimony of a person who is imprisoned in a 876
workhouse, juvenile detention facility, jail, or state 877
correctional institution within this state, or who is in the 878
custody of the department of youth services, the court may
require that the person's testimony be taken by deposition 879
pursuant to Criminal Rule 15 at the place of the person's 880
confinement, if the person is not a defendant in the case and if 881
22
the court determines that the interests of justice do not demand 882
that the person be brought before the court for the presentation 883
of his THE PERSON'S testimony. All witnesses for the prosecution 885
shall be brought before the court. The defendant may waive any
right to compel the appearance of a person brought before the 886
court pursuant to this division. 887
(B) If SUBJECT TO DIVISION (C) OF THIS SECTION, IF it is 890
necessary in a criminal proceeding before the court to procure 891
the testimony of a person who is imprisoned in a workhouse, a 892
juvenile detention facility, or a jail within this state, the 893
court may order a subpoena to be issued, directed to the keeper 894
of the institution, commanding him THE KEEPER to bring the 895
prisoner named in the subpoena before the court.
The keeper, upon receiving the subpoena, shall take the 897
witness before the court at the time and place named in the 898
subpoena, and hold him THE WITNESS until he THE WITNESS is 900
discharged by the court. When discharged, he THE WITNESS shall 901
be returned in the custody of such officer to the place of
imprisonment from which he THE WITNESS was taken, and the officer 903
may command any assistance that he THE OFFICER considers proper 904
for the transportation of the witness.
(C) If it is necessary in a criminal proceeding before the 906
court to procure the testimony of a person who is imprisoned in a 907
state correctional institution within this state, or who is in 908
the custody of the department of youth services, the court may 909
order a subpoena to be issued directed to the sheriff of the 910
county in which the indictment or grand jury proceeding is 911
pending. When a copy of the subpoena is presented by the sheriff 912
to the warden or superintendent of a state correctional 913
institution, or to the person in charge of the facility in which 914
a juvenile is confined, he shall deliver the witness SHALL BE 915
DELIVERED at the institution or facility to the sheriff who shall 916
take him THE WITNESS before the court at the time and place named 917
in the subpoena and hold him THE WITNESS until he THE WITNESS is 918
23
discharged by the court. When discharged, he THE WITNESS shall 919
be returned in the custody of the sheriff to the place of 920
imprisonment from which he THE WITNESS was taken. 921
(D) The court shall, in the manner provided in Chapter 923
120. of the Revised Code, SHALL either assign counsel or 924
designate a public defender to represent a juvenile subpoenaed as 925
a witness under this section. Compensation for assigned counsel 926
shall be made pursuant to section 2941.51 of the Revised Code. 927
(E) When a person's testimony is taken by deposition 929
pursuant to division (A) of this section, the deposition shall be 930
upon oral examination if either the prosecuting authority or the 931
defendant who is taking the deposition requests that the 932
deposition be upon oral examination, and may be videotaped if 933
either the prosecuting authority or the defendant who is taking 934
the deposition requests that it be recorded by means of 935
videotape. 936
The person requesting the testimony of the person whose 938
deposition is taken pursuant to division (A) of this section 939
shall pay the expense of taking the deposition, except that the 940
court may tax the expense as court costs in appropriate cases. 941
Section 2. That existing sections 103.73, 341.41, 753.31, 943
2921.01, and 2945.47 of the Revised Code are hereby repealed. 944
Section 3. This act is hereby declared to be an emergency 946
measure necessary for the immediate preservation of the public 947
peace, health, and safety. The reason for such necessity is that 948
immediate action is crucial for the protection of Ohio residents 949
from potential problems that might arise due to the housing of 950
out-of-state prisoners in private detention facilities in Ohio.
Therefore, this act shall go into immediate effect. 951