As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                         Am. 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-GARDNER-FINAN-          10           

                          KEARNS-LATELL                            11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 9.06, 103.73, 341.34, 341.41,       15           

                753.21, 753.31, 2921.01, 2929.13, 2945.47, and     16           

                5120.033 and to enact section 9.07 of the Revised  18           

                Code to expressly include within the definition                 

                of "detention" the confinement in any public or    20           

                private facility of alleged or convicted                        

                offenders or alleged or adjudicated delinquent or  21           

                unruly children who violate or allegedly violate                

                a law of Ohio, another state, or the United        22           

                States, to expressly include within the            23           

                definition of "detention facility" any public or                

                private facility used for detention of that        24           

                nature, to provide comprehensive criteria for the               

                establishment and operation in Ohio of privately   25           

                operated correction facilities that house          26           

                out-of-state prisoners, to clarify the                          

                application of the law that prohibits "county      27           

                correctional officers" and "municipal                           

                correctional officers" from affording prisoners    28           

                with access to weight exercise equipment or to     29           

                martial arts or fight training, to require the                  

                Department of Rehabilitation and Correction to     30           

                contract for the private operation and management  31           

                of the initial intensive program prison it                      

                establishes for offenders sentenced to a           32           

                                                          2      

                                                                 
                mandatory prison term for fourth degree felony                  

                OMVI offenses, and to declare an emergency.        34           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 9.06, 103.73, 341.34, 341.41,      37           

753.21, 753.31, 2921.01, 2929.13, 2945.47, and 5120.033 be         38           

amended and section 9.07 of the Revised Code be enacted to read    39           

as follows:                                                                     

      Sec. 9.06.  (A)(1)  The department of rehabilitation and     48           

correction, and counties SHALL CONTRACT FOR THE PRIVATE OPERATION  49           

AND MANAGEMENT PURSUANT TO THIS SECTION OF THE INITIAL INTENSIVE   50           

PROGRAM PRISON ESTABLISHED PURSUANT TO SECTION 5120.033 OF THE     51           

REVISED CODE AND MAY CONTRACT FOR THE PRIVATE OPERATION AND        52           

MANAGEMENT OF ANY OTHER FACILITY UNDER THIS SECTION.  COUNTIES     53           

and municipal corporations to the extent authorized in sections    55           

307.93, 341.35, 753.03, and 753.15 of the Revised Code, may        56           

contract for the private operation and management of a facility                 

under this section.  The contracts A CONTRACT ENTERED INTO UNDER   57           

THIS SECTION shall be for an initial term of no NOT more than two  59           

years, with an option to renew for additional periods of two                    

years.  Any                                                        60           

      (2)  SUBJECT TO DIVISION (I) OF THIS SECTION, ANY            62           

contractor who applies to operate and manage a facility PURSUANT   63           

TO THIS SECTION shall be accredited by the American correctional   65           

association and shall, at the time of the application, EITHER      66           

operate and manage one or more facilities accredited by the        68           

American correctional association, OR BE AN ENTITY OWNED BY OR                  

SUBSTANTIALLY COMPRISED OF CORRECTIONAL EMPLOYEES OR CONTROLLED    69           

OR MANAGED BY THEIR BARGAINING AGENT.                              70           

      Before SUBJECT TO DIVISION (I) OF THIS SECTION, BEFORE a     73           

public entity may enter into a contract under this section, the                 

contractor shall convincingly demonstrate to the public entity     74           

that it can operate the facility with the inmate capacity          75           

required by the public entity and provide the services required    76           

                                                          3      

                                                                 
in this section and realize at least a five per cent savings over  77           

the projected cost to the public entity of providing these same    78           

services to operate the facility that is the subject of the        79           

contract.  No out-of-state prisoners may be housed in any          80           

facility that is the subject of a contract entered into under to                

this section.                                                      81           

      (B)  Any SUBJECT TO DIVISION (I) OF THIS SECTION, ANY        83           

contract entered into under this section shall include all of the  84           

following:                                                         85           

      (1)  A requirement that the contractor retain the            87           

contractor's accreditation from the American correctional          88           

association throughout the contract term;                          89           

      (2)  A requirement that all of the following conditions be   91           

met:                                                                            

      (a)  The contractor begins the process of accrediting the    93           

facility with the American correctional association no later than  94           

sixty days after the facility receives its first inmate.           95           

      (b)  The contractor receives accreditation of the facility   97           

within twelve months after the date the contractor applies to the  98           

American correctional association for accreditation.               99           

      (c)  Once the accreditation is received, the contractor      101          

maintains it for the duration of the contract term.                102          

      (d)  If the contractor does not comply with divisions        104          

(B)(2)(a) to (c) of this section, the contractor is in violation   106          

of the contract and the public entity may revoke the contract at   107          

its discretion.                                                                 

      (3)  A requirement that the contractor comply with all       109          

rules promulgated by the department of rehabilitation and          110          

correction that apply to the operation and management of           111          

correctional facilities, including the minimum standards for       112          

jails in Ohio and policies regarding the use of force and the use  113          

of deadly force, although the public entity may require more       114          

stringent standards, and comply with any applicable laws, rules,                

or regulations of the federal, state, and local governments,       115          

                                                          4      

                                                                 
including, but not limited to, sanitation, food service, safety,   116          

and health regulations.  The contractor shall be required to send  117          

copies of reports of inspections completed by the appropriate      118          

authorities regarding compliance with rules and regulations to     119          

the director of rehabilitation and correction or the director's    120          

designee and, if contracting with a local public entity, to the    121          

governing authority of that entity.                                             

      (4)  A requirement that the contractor report for            123          

investigation all crimes in connection with the facility to the    124          

public entity, to all local law enforcement agencies having        125          

jurisdiction at the facility, and, for A crime committed at a      127          

state correctional institution, to the state highway patrol;                    

      (5)  A requirement that, if the facility is a state          129          

correctional institution, the contractor provide a written report  130          

within specified time limits to the director of rehabilitation     132          

and correction or the director's designee of all unusual                        

incidents at the facility as defined in rules promulgated by the   133          

department of rehabilitation and correction or, if the facility    134          

is a local correctional institution, that the contractor provide   135          

a written report to the governing authority of the local public    136          

entity.                                                                         

      (6)  A requirement that the contractor maintain proper       139          

control of inmates' personal funds pursuant to rules promulgated   140          

by the department of rehabilitation and correction, for state      141          

correctional institutions, or pursuant to the minimum standards                 

for jails along with any additional standards established by the   142          

local public entity, for local correctional institutions, and      143          

that records pertaining to these funds be made available to        144          

representatives of the public entity for review or audit;          145          

      (7)  A requirement that the contractor prepare and           147          

distribute to the director of rehabilitation and correction or,    148          

if contracting with a local public entity, to the governing        149          

authority of the local entity, annual budget income and            150          

expenditure statements and funding source financial reports;                    

                                                          5      

                                                                 
      (8)  A requirement that the public entity appoint and        152          

supervise a full-time contract monitor, that the contractor        153          

provide suitable office space for the contract monitor at the      154          

facility, and that the contractor allow the contract monitor       155          

unrestricted access to all parts of the facility and all records   156          

of the facility except the contractor's financial records;         157          

      (9)  A requirement that if the facility is a state           159          

correctional institution, designated department of rehabilitation  160          

and correction staff members be allowed access to the facility in  161          

accordance with rules promulgated by the department;               162          

      (10)  A requirement that the contractor provide internal     164          

and perimeter security as agreed upon in the contract;             166          

      (11)  If the facility is a state correctional institution,   168          

a requirement that the contractor impose discipline on inmates     170          

housed in a state correctional institution, only in accordance     171          

with rules promulgated by the department of rehabilitation and     172          

correction;                                                                     

      (12)  A requirement that the facility be staffed at all      174          

times with a staffing pattern approved by the public entity and    176          

adequate both to ensure supervision of inmates and maintenance of  177          

security within the facility, and to provide for programs,         178          

transportation, security, and other operational needs.  In         179          

determining security needs, the contractor shall be required to    180          

consider, among other things, the proximity of the facility to     181          

neighborhoods and schools.                                                      

      (13)  If the contract is with a local public entity, a       183          

requirement that the contractor provide the following services     185          

and programs, consistent with the minimum standards for jails      186          

promulgated by the department of rehabilitation and correction     187          

under section 5120.10 of the Revised Code;                                      

      (14)  A clear statement that no immunity from liability      189          

granted to the state, and no immunity from liability granted to    190          

political subdivisions under Chapter 2744. of the Revised Code,    191          

shall extend to the contractor or any of the contractor's          192          

                                                          6      

                                                                 
employees;                                                                      

      (15)  A statement that all documents and records relevant    195          

to the facility shall be maintained in the same manner required                 

for, and subject to the same laws, rules, and regulations as       196          

apply to, the records of the public entity;                        197          

      (16)  Authorization for the public entity to impose a fine   199          

on the contractor from a schedule of fines included in the         201          

contract for the contractor's failure to perform its contractual   202          

duties, or to cancel the contract, as the public entity considers  203          

appropriate.  If a fine is imposed, the public entity may reduce   204          

the payment owed to the contractor pursuant to any invoice in the               

amount of the imposed fine.                                        205          

      (17)  A statement that all services provided or goods        207          

produced at the facility shall be subject to the same              209          

regulations, and the same distribution limitations, as apply to    210          

goods and services produced at other correctional institutions;    211          

      (18)  Authorization for the department to establish one or   213          

more prison industries at a facility operated and managed by a     214          

contractor for the department;                                     215          

      (19)  A REQUIREMENT THAT, IF THE FACILITY IS AN INTENSIVE    217          

PROGRAM PRISON ESTABLISHED PURSUANT TO SECTION 5120.033 OF THE     218          

REVISED CODE, THE FACILITY SHALL COMPLY WITH ALL CRITERIA FOR      219          

INTENSIVE PROGRAM PRISONS OF THAT TYPE THAT ARE SET FORTH IN THAT  220          

SECTION.                                                                        

      (C)  No contract entered into under this section may         222          

require, authorize, or imply a delegation of the authority or      223          

responsibility of the public entity to a contractor for any of     224          

the following:                                                                  

      (1)  Developing or implementing procedures for calculating   226          

inmate release and parole eligibility dates and recommending the   227          

granting or denying of parole, although the contractor may submit  228          

written reports that have been prepared in the ordinary course of  229          

business;                                                                       

      (2)  Developing or implementing procedures for calculating   231          

                                                          7      

                                                                 
and awarding good time EARNED CREDITS, approving the type of work  233          

inmates may perform and the wage or good time EARNED CREDITS, if   235          

any, that may be given AWARDED to inmates engaging in such work,   236          

and granting, denying, or revoking good time EARNED CREDITS;       237          

      (3)  FOR INMATES SERVING A TERM IMPOSED FOR A FELONY         239          

OFFENSE COMMITTED PRIOR TO JULY 1, 1996, OR FOR A MISDEMEANOR      240          

OFFENSE, DEVELOPING OR IMPLEMENTING PROCEDURES FOR CALCULATING     241          

AND AWARDING GOOD TIME, APPROVING THE GOOD TIME, IF ANY, THAT MAY  242          

BE AWARDED TO INMATES ENGAGING IN WORK, AND GRANTING, DENYING, OR  243          

REVOKING GOOD TIME;                                                             

      (4)  FOR INMATES SERVING A TERM IMPOSED FOR A FELONY         245          

OFFENSE COMMITTED ON OR AFTER JULY 1, 1996, EXTENDING AN INMATE'S  246          

TERM PURSUANT TO THE PROVISIONS OF LAW GOVERNING BAD TIME;         247          

      (5)  Classifying an inmate or placing an inmate in a more    250          

or a less restrictive custody than the custody ordered by the      251          

public entity;                                                                  

      (4)(6)  Approving inmates for work release;                  253          

      (5)(7)  Contracting for local or long distance telephone     255          

services for inmates or receiving commissions from such services   257          

at a facility that is owned by or operated under a contract with   258          

the department.                                                                 

      (D)  A contractor that has been approved to operate a        260          

facility under this section, AND A PERSON OR ENTITY THAT ENTERS    261          

INTO A CONTRACT FOR SPECIALIZED SERVICES, AS DESCRIBED IN          262          

DIVISION (I) OF THIS SECTION, RELATIVE TO AN INTENSIVE PROGRAM     263          

PRISON ESTABLISHED PURSUANT TO SECTION 5120.033 OF THE REVISED     264          

CODE TO BE OPERATED BY A CONTRACTOR THAT HAS BEEN APPROVED TO                   

OPERATE THE PRISON UNDER THIS SECTION, shall provide an adequate   265          

policy of insurance specifically including, but not limited to,    266          

insurance for civil rights claims as determined by a risk          267          

management or actuarial firm with demonstrated experience in       268          

public liability for state governments.  The insurance policy      269          

shall provide that the state, including all state agencies, and    270          

all political subdivisions of the state with jurisdiction over     271          

                                                          8      

                                                                 
the facility or in which a facility is located are named as                     

insured, and that the state and its political subdivisions shall   272          

be sent any notice of cancellation.  The contractor may not        273          

self-insure.                                                                    

      The contractor A CONTRACTOR THAT HAS BEEN APPROVED TO        275          

OPERATE A FACILITY UNDER THIS SECTION, AND A PERSON OR ENTITY      276          

THAT ENTERS INTO A CONTRACT FOR SPECIALIZED SERVICES, AS           277          

DESCRIBED IN DIVISION (I) OF THIS SECTION, RELATIVE TO AN          278          

INTENSIVE PROGRAM PRISON ESTABLISHED PURSUANT TO SECTION 5120.033  279          

OF THE REVISED CODE TO BE OPERATED BY A CONTRACTOR THAT HAS BEEN                

APPROVED TO OPERATE THE PRISON UNDER THIS SECTION, shall           280          

indemnify, defend, and hold harmless the state, its officers,      283          

agents, and employees, and any local government entity in the                   

state having jurisdiction over the facility or ownership of the    284          

facility, from all of the following:                               285          

      (1)  Any claims or losses for services rendered by the       287          

contractor or, person, OR ENTITY performing or supplying services  289          

in connection with the performance of the contract;                290          

      (2)  Any failure of the contractor, PERSON, OR ENTITY or     292          

its officers or employees to adhere to the laws, rules,            294          

regulations, or terms agreed to in the contract;                                

      (3)  Any constitutional, federal, state, or civil rights     296          

claim brought against the state related to the facility operated   297          

and managed by the contractor;                                                  

      (4)  Any claims, losses, demands, or causes of action        299          

arising out of the contractor's, PERSON'S, OR ENTITY'S activities  300          

in this state;                                                                  

      (5)  Any attorney's fees or court costs arising from any     302          

habeas corpus actions or other inmate suits that may arise from    303          

any event that occurred at the facility or was a result of such    304          

an event, or arise over the conditions, management, or operation   305          

of the facility, which fees and costs shall include, but not be    306          

limited to, attorney's fees for the state's representation and                  

for any court-appointed representation of any inmate, and the      307          

                                                          9      

                                                                 
costs of any special judge who may be appointed to hear such       308          

actions.                                                                        

      (E)  Private correctional officers of a private contractor   310          

OPERATING AND MANAGING A FACILITY PURSUANT TO A CONTRACT ENTERED   311          

INTO UNDER THIS SECTION may carry and use firearms in the course   313          

of their employment only after being certified as satisfactorily   314          

completing an approved training program as described in division   315          

(A) of section 109.78 of the Revised Code.                                      

      (F)  Upon notification by the contractor of an escape from,  317          

or of a disturbance at, the facility that is the subject of a      318          

contract entered into under this section, the department of        319          

rehabilitation and correction and state and local law enforcement  320          

agencies shall use all reasonable means to recapture escapees or   321          

quell any disturbance.  Any cost incurred by the state or its                   

political subdivisions relating to the apprehension of an escapee  322          

or the quelling of a disturbance at the facility shall be          323          

chargeable to and borne by the contractor.  The contractor shall   324          

also reimburse the state or its political subdivisions for all     325          

reasonable costs incurred relating to the temporary detention of   326          

the escapee following recapture.                                                

      (G)  Any offense that would be a crime if committed at a     328          

state correctional institution or jail, workhouse, prison, or      329          

other correctional facility shall be a crime if committed by or    330          

with regard to inmates at facilities operated pursuant to a        331          

contract entered into under this section.                          332          

      (H)  The A contractor OPERATING AND MANAGING A FACILITY      334          

PURSUANT TO A CONTRACT ENTERED INTO UNDER THIS SECTION shall pay   335          

any inmate workers at the facility at the rate approved by the     337          

public entity.  Inmates working at the facility shall not be       338          

considered employees of the contractor.                                         

      (I)  IN CONTRACTING FOR THE PRIVATE OPERATION AND            340          

MANAGEMENT PURSUANT TO DIVISION (A) OF THIS SECTION OF THE         341          

INITIAL INTENSIVE PROGRAM PRISON ESTABLISHED PURSUANT TO SECTION   342          

5120.033 OF THE REVISED CODE OR OF ANY OTHER INTENSIVE PROGRAM     343          

                                                          10     

                                                                 
PRISON ESTABLISHED PURSUANT TO THAT SECTION, THE DEPARTMENT OF                  

REHABILITATION AND CORRECTION MAY ENTER INTO A CONTRACT WITH A     344          

CONTRACTOR FOR THE GENERAL OPERATION AND MANAGEMENT OF THE PRISON  345          

AND MAY ENTER INTO ONE OR MORE SEPARATE CONTRACTS WITH OTHER       346          

PERSONS OR ENTITIES FOR THE PROVISION OF SPECIALIZED SERVICES FOR  347          

PERSONS CONFINED IN THE PRISON, INCLUDING, BUT NOT LIMITED TO,     348          

TREATMENT, EDUCATION, OR TRAINING SERVICES.  IF, PURSUANT TO THIS               

DIVISION, THE DEPARTMENT ENTERS INTO A CONTRACT WITH A CONTRACTOR  349          

FOR THE GENERAL OPERATION AND MANAGEMENT OF THE PRISON AND ALSO    350          

ENTERS INTO ONE OR MORE SPECIALIZED SERVICE CONTRACTS WITH OTHER   351          

PERSONS OR ENTITIES, ALL OF THE FOLLOWING APPLY:                   352          

      (1)  THE CONTRACT FOR THE GENERAL OPERATION AND MANAGEMENT   354          

SHALL COMPLY WITH ALL REQUIREMENTS AND CRITERIA SET FORTH IN THIS  355          

SECTION, AND ALL PROVISIONS OF THIS SECTION APPLY IN RELATION TO   356          

THE PRISON OPERATED AND MANAGED PURSUANT TO THE CONTRACT.          357          

      (2)  DIVISIONS (A)(2), (B), AND (C) OF THIS SECTION DO NOT   360          

APPLY IN RELATION TO ANY SPECIALIZED SERVICES CONTRACT, EXCEPT TO  361          

THE EXTENT THAT THE PROVISIONS OF THOSE DIVISIONS CLEARLY ARE                   

RELEVANT TO THE SPECIALIZED SERVICES TO BE PROVIDED UNDER THE      362          

SPECIALIZED SERVICES CONTRACT.  DIVISION (D) OF THIS SECTION       363          

APPLIES IN RELATION TO EACH SPECIALIZED SERVICES CONTRACT.         364          

      (J)  As used in this section:                                367          

      (1)  "Public entity" means the department of rehabilitation  369          

and correction, or a county or municipal corporation or a          370          

combination of counties and municipal corporations, that has       371          

jurisdiction over a facility that is the subject of a contract     372          

entered into under this section.                                                

      (2)  "Local public entity" means a county or municipal       374          

corporation, or a combination of counties and municipal            375          

corporations, that has jurisdiction over a jail, workhouse, or     376          

other correctional facility used only for misdemeanants that is    377          

the subject of a contract entered into under this section.                      

      (3)  "Governing authority of a local public entity" means,   379          

for a county, the board of county commissioners; for a municipal   380          

                                                          11     

                                                                 
corporation, the legislative authority; for a combination of       381          

counties and municipal corporation, all the boards of county       382          

commissioners and municipal legislative authorities that joined    383          

to create the facility.                                                         

      (4)  "Contractor" means a person who enters into a contract  385          

under this section to operate and manage a jail, workhouse, or     386          

other correctional facility.                                                    

      (5)  "Facility" means the specific county, multicounty,      388          

municipal, municipal-county, or multicounty-municipal jail,        389          

workhouse, prison, or other type of correctional institution or    390          

facility used only for misdemeanants, or a state correctional      391          

institution, that is the subject of a contract entered into under  392          

this section.                                                                   

      Sec. 9.07.  (A)  AS USED IN THIS SECTION:                    394          

      (1)  "DEADLY WEAPON" HAS THE SAME MEANING AS IN SECTION      396          

2923.11 OF THE REVISED CODE.                                       397          

      (2)  "GOVERNING AUTHORITY OF A LOCAL PUBLIC ENTITY" MEANS    399          

WHICHEVER OF THE FOLLOWING IS APPLICABLE:                          400          

      (a)  FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF THE  403          

COUNTY;                                                                         

      (b)  FOR A MUNICIPAL CORPORATION, THE LEGISLATIVE AUTHORITY  406          

OF THE MUNICIPAL CORPORATION;                                                   

      (c)  FOR A COMBINATION OF COUNTIES, A COMBINATION OF         409          

MUNICIPAL CORPORATIONS, OR A COMBINATION OF ONE OR MORE COUNTIES   410          

AND ONE OR MORE MUNICIPAL CORPORATIONS, ALL BOARDS OF COUNTY       411          

COMMISSIONERS AND LEGISLATIVE AUTHORITIES OF ALL OF THE COUNTIES   412          

AND MUNICIPAL CORPORATIONS THAT COMBINED TO FORM A LOCAL PUBLIC    413          

ENTITY FOR PURPOSES OF THIS SECTION.                                            

      (3)  "LOCAL PUBLIC ENTITY" MEANS A COUNTY, A MUNICIPAL       415          

CORPORATION, A COMBINATION OF COUNTIES, A COMBINATION OF           416          

MUNICIPAL CORPORATIONS, OR A COMBINATION OF ONE OR MORE COUNTIES   417          

AND ONE OR MORE MUNICIPAL CORPORATIONS.                            418          

      (4)  "OUT-OF-STATE JURISDICTION" MEANS THE UNITED STATES,    420          

ANY STATE OTHER THAN THIS STATE, AND ANY POLITICAL SUBDIVISION OR  422          

                                                          12     

                                                                 
OTHER JURISDICTION LOCATED IN A STATE OTHER THAN THIS STATE.       423          

      (5)  "OUT-OF-STATE PRISONER" MEANS A PERSON WHO IS           425          

CONVICTED OF A CRIME IN ANOTHER STATE OR UNDER THE LAWS OF THE     427          

UNITED STATES OR WHO IS FOUND UNDER THE LAWS OF ANOTHER STATE OR   428          

OF THE UNITED STATES TO BE A DELINQUENT CHILD OR THE               430          

SUBSTANTIALLY EQUIVALENT DESIGNATION.                                           

      (6)  "PRIVATE CONTRACTOR" MEANS EITHER OF THE FOLLOWING:     432          

      (a)  A PERSON WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS    434          

SECTION, ENTERS INTO A CONTRACT UNDER THIS SECTION WITH A LOCAL    436          

PUBLIC ENTITY TO OPERATE AND MANAGE A CORRECTIONAL FACILITY IN     437          

THIS STATE FOR OUT-OF-STATE PRISONERS.                             438          

      (b)  A PERSON WHO, PURSUANT TO A CONTRACT WITH A LOCAL       440          

PUBLIC ENTITY ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS     442          

SECTION, OPERATES AND MANAGES ON THE EFFECTIVE DATE OF THIS        443          

SECTION A CORRECTIONAL FACILITY IN THIS STATE FOR HOUSING          444          

OUT-OF-STATE PRISONERS.                                                         

      (B)  SUBJECT TO DIVISION (I) OF THIS SECTION, THE ONLY       446          

ENTITIES OTHER THAN THIS STATE THAT ARE AUTHORIZED TO OPERATE A    447          

CORRECTIONAL FACILITY TO HOUSE OUT-OF-STATE PRISONERS IN THIS      448          

STATE ARE A LOCAL PUBLIC ENTITY THAT OPERATES A CORRECTIONAL       449          

FACILITY PURSUANT TO THIS SECTION OR A PRIVATE CONTRACTOR THAT     450          

OPERATES A CORRECTIONAL FACILITY PURSUANT TO THIS SECTION UNDER A  452          

CONTRACT WITH A LOCAL PUBLIC ENTITY.                                            

      SUBJECT TO DIVISION (I) OF THIS SECTION, A PRIVATE ENTITY    455          

MAY OPERATE A CORRECTIONAL FACILITY IN THIS STATE FOR THE HOUSING  456          

OF OUT-OF-STATE PRISONERS ONLY IF THE PRIVATE ENTITY IS A PRIVATE  457          

CONTRACTOR THAT ENTERS INTO A CONTRACT THAT COMPORTS WITH          458          

DIVISION (D) OF THIS SECTION WITH A LOCAL PUBLIC ENTITY FOR THE    459          

MANAGEMENT AND OPERATION OF THE CORRECTIONAL FACILITY.             460          

      (C)(1)  EXCEPT AS PROVIDED IN THIS DIVISION, ON AND AFTER    463          

THE EFFECTIVE DATE OF THIS SECTION, A LOCAL PUBLIC ENTITY SHALL    464          

NOT ENTER INTO A CONTRACT WITH AN OUT-OF-STATE JURISDICTION TO     465          

HOUSE OUT-OF-STATE PRISONERS IN A CORRECTIONAL FACILITY IN THIS    466          

STATE.  ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, A LOCAL   467          

                                                          13     

                                                                 
PUBLIC ENTITY MAY ENTER INTO A CONTRACT WITH AN OUT-OF-STATE       468          

JURISDICTION TO HOUSE OUT-OF-STATE PRISONERS IN A CORRECTIONAL     469          

FACILITY IN THIS STATE ONLY IF THE LOCAL PUBLIC ENTITY AND THE     470          

OUT-OF-STATE JURISDICTION WITH WHICH THE LOCAL PUBLIC ENTITY       471          

INTENDS TO CONTRACT JOINTLY SUBMIT TO THE DEPARTMENT OF            472          

REHABILITATION AND CORRECTION A STATEMENT THAT CERTIFIES THE       473          

CORRECTIONAL FACILITY'S INTENDED USE, INTENDED PRISONER            474          

POPULATION, AND CUSTODY LEVEL, AND THE DEPARTMENT REVIEWS AND      475          

COMMENTS UPON THE PLANS FOR THE DESIGN OR RENOVATION OF THE        476          

CORRECTIONAL FACILITY REGARDING THEIR SUITABILITY FOR THE          478          

INTENDED PRISONER POPULATION SPECIFIED IN THE SUBMITTED            479          

STATEMENT.                                                                      

      (2)  IF A LOCAL PUBLIC ENTITY AND AN OUT-OF-STATE            481          

JURISDICTION ENTER INTO A CONTRACT TO HOUSE OUT-OF-STATE           482          

PRISONERS IN A CORRECTIONAL FACILITY IN THIS STATE AS AUTHORIZED   483          

UNDER DIVISION (C)(1) OF THIS SECTION, IN ADDITION TO ANY OTHER    485          

PROVISIONS IT CONTAINS, THE CONTRACT SHALL INCLUDE WHICHEVER OF    486          

THE FOLLOWING PROVISIONS IS APPLICABLE:                                         

      (a)  IF A PRIVATE CONTRACTOR WILL OPERATE THE FACILITY IN    489          

QUESTION PURSUANT TO A CONTRACT ENTERED INTO IN ACCORDANCE WITH    490          

DIVISION (D) OF THIS SECTION, A REQUIREMENT THAT, IF THE FACILITY  491          

IS CLOSED OR CEASES TO OPERATE FOR ANY REASON AND IF THE           492          

CONVERSION PLAN DESCRIBED IN DIVISION (D)(16) OF THIS SECTION IS   494          

NOT COMPLIED WITH, THE OUT-OF-STATE JURISDICTION WILL BE           495          

RESPONSIBLE FOR HOUSING AND TRANSPORTING THE PRISONERS WHO ARE IN  496          

THE FACILITY AT THE TIME IT IS CLOSED OR CEASES TO OPERATE AND     497          

FOR THE COST OF SO HOUSING AND TRANSPORTING THOSE PRISONERS;       498          

      (b)  IF A PRIVATE CONTRACTOR WILL NOT OPERATE THE FACILITY   501          

IN QUESTION PURSUANT TO A CONTRACT ENTERED INTO IN ACCORDANCE      502          

WITH DIVISION (D) OF THIS SECTION, A CONVERSION PLAN THAT WILL BE  504          

FOLLOWED IF, FOR ANY REASON, THE FACILITY IS CLOSED OR CEASES TO   505          

OPERATE.  THE CONVERSION PLAN SHALL INCLUDE, BUT IS NOT LIMITED    506          

TO, PROVISIONS THAT SPECIFY WHETHER THE LOCAL PUBLIC ENTITY OR     507          

THE OUT-OF-STATE JURISDICTION WILL BE RESPONSIBLE FOR HOUSING AND  508          

                                                          14     

                                                                 
TRANSPORTING THE PRISONERS WHO ARE IN THE FACILITY AT THE TIME IT  509          

IS CLOSED OR CEASES TO OPERATE AND FOR THE COST OF SO HOUSING AND  510          

TRANSPORTING THOSE PRISONERS.                                                   

      (3)  IF A LOCAL PUBLIC ENTITY AND AN OUT-OF-STATE            512          

JURISDICTION INTEND TO ENTER INTO A CONTRACT TO HOUSE              513          

OUT-OF-STATE PRISONERS IN A CORRECTIONAL FACILITY IN THIS STATE    514          

AS AUTHORIZED UNDER DIVISION (C)(1) OF THIS SECTION, OR IF A       515          

LOCAL PUBLIC ENTITY AND A PRIVATE CONTRACTOR INTEND TO ENTER INTO  516          

A CONTRACT PURSUANT TO DIVISION (D) OF THIS SECTION FOR THE        517          

PRIVATE CONTRACTOR'S MANAGEMENT AND OPERATION OF A CORRECTIONAL    518          

FACILITY IN THIS STATE TO HOUSE OUT-OF-STATE PRISONERS, PRIOR TO                

ENTERING INTO THE CONTRACT THE LOCAL PUBLIC ENTITY AND THE         519          

OUT-OF-STATE JURISDICTION, OR THE LOCAL PUBLIC ENTITY AND THE      520          

PRIVATE CONTRACTOR, WHICHEVER IS APPLICABLE, SHALL CONDUCT A       522          

PUBLIC HEARING IN ACCORDANCE WITH THIS DIVISION, AND, PRIOR TO                  

ENTERING INTO THE CONTRACT, THE GOVERNING AUTHORITY OF THE LOCAL   523          

PUBLIC ENTITY IN WHICH THE FACILITY IS OR WILL BE LOCATED SHALL    524          

AUTHORIZE THE LOCATION AND OPERATION OF THE FACILITY. THE HEARING  525          

SHALL BE CONDUCTED AT A LOCATION WITHIN THE MUNICIPAL CORPORATION  527          

OR TOWNSHIP IN WHICH THE FACILITY IS OR WILL BE LOCATED.  AT       528          

LEAST ONE WEEK PRIOR TO CONDUCTING THE HEARING, THE LOCAL PUBLIC   529          

ENTITY AND THE OUT-OF-STATE JURISDICTION OR PRIVATE CONTRACTOR     530          

WITH THE DUTY TO CONDUCT THE HEARING SHALL CAUSE NOTICE OF THE     532          

DATE, TIME, AND PLACE OF THE HEARING TO BE MADE BY PUBLICATION IN  534          

THE NEWSPAPER WITH THE LARGEST GENERAL CIRCULATION IN THE COUNTY   535          

IN WHICH THE MUNICIPAL CORPORATION OR TOWNSHIP IS LOCATED.  THE    536          

NOTICE SHALL BE OF A SUFFICIENT SIZE THAT IT COVERS AT LEAST       537          

ONE-QUARTER OF A PAGE OF THE NEWSPAPER IN WHICH IT IS PUBLISHED.   538          

THIS DIVISION APPLIES TO A PRIVATE CONTRACTOR THAT, PURSUANT TO                 

THE REQUIREMENT SET FORTH IN DIVISION (I) OF THIS SECTION, IS      539          

REQUIRED TO ENTER INTO A CONTRACT UNDER DIVISION (D) OF THIS       540          

SECTION.                                                                        

      (D)  SUBJECT TO DIVISION (I) OF THIS SECTION, ON AND AFTER   543          

THE EFFECTIVE DATE OF THIS SECTION, IF A LOCAL PUBLIC ENTITY                    

                                                          15     

                                                                 
ENTERS INTO A CONTRACT WITH A PRIVATE CONTRACTOR FOR THE           544          

MANAGEMENT AND OPERATION OF A CORRECTIONAL FACILITY IN THIS STATE  545          

TO HOUSE OUT-OF-STATE PRISONERS, THE CONTRACT, AT A MINIMUM,       546          

SHALL INCLUDE ALL OF THE FOLLOWING PROVISIONS:                                  

      (1)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR SEEK AND      548          

OBTAIN ACCREDITATION FROM THE AMERICAN CORRECTIONAL ASSOCIATION    549          

FOR THE CORRECTIONAL FACILITY WITHIN TWO YEARS AFTER ACCEPTING     550          

THE FIRST OUT-OF-STATE PRISONER AT THE CORRECTIONAL FACILITY       551          

UNDER THE CONTRACT AND THAT IT MAINTAIN THAT ACCREDITATION FOR     552          

THE TERM OF THE CONTRACT;                                                       

      (2)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR COMPLY WITH   554          

ALL APPLICABLE LAWS, RULES, OR REGULATIONS OF THE GOVERNMENT OF    555          

THIS STATE, POLITICAL SUBDIVISIONS OF THIS STATE, AND THE UNITED   557          

STATES, INCLUDING, BUT NOT LIMITED TO, ALL SANITATION, FOOD        559          

SERVICE, SAFETY, AND HEALTH REGULATIONS;                           560          

      (3)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR SEND COPIES   562          

OF REPORTS OF INSPECTIONS COMPLETED BY APPROPRIATE AUTHORITIES     563          

REGARDING COMPLIANCE WITH LAWS, RULES, AND REGULATIONS OF THE      564          

TYPE DESCRIBED IN DIVISION (D)(2) OF THIS SECTION TO THE DIRECTOR  567          

OF REHABILITATION AND CORRECTION OR THE DIRECTOR'S DESIGNEE AND    568          

TO THE GOVERNING AUTHORITY OF THE LOCAL PUBLIC ENTITY IN WHICH     569          

THE CORRECTIONAL FACILITY IS LOCATED;                                           

      (4)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR REPORT TO     571          

THE LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE      572          

PLACE AT WHICH THE CORRECTIONAL FACILITY IS LOCATED, FOR           573          

INVESTIGATION, ALL CRIMINAL OFFENSES OR DELINQUENT ACTS THAT ARE   574          

COMMITTED IN OR ON THE GROUNDS OF, OR OTHERWISE IN CONNECTION      575          

WITH, THE CORRECTIONAL FACILITY AND REPORT TO THE DEPARTMENT OF    576          

REHABILITATION AND CORRECTION ALL ESCAPES FROM OR DISTURBANCES AT  578          

THE FACILITY;                                                                   

      (5)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE A     580          

WRITTEN REPORT TO THE DIRECTOR OF REHABILITATION AND CORRECTION    581          

OR THE DIRECTOR'S DESIGNEE AND TO THE GOVERNING AUTHORITY OF THE   582          

LOCAL PUBLIC ENTITY IN WHICH THE CORRECTIONAL FACILITY IS LOCATED  584          

                                                          16     

                                                                 
OF ALL UNUSUAL INCIDENTS OCCURRING AT THE CORRECTIONAL FACILITY.   585          

THE PRIVATE CONTRACTOR SHALL REPORT THE INCIDENTS IN ACCORDANCE                 

WITH THE INCIDENT REPORTING RULES THAT, AT THE TIME OF THE         587          

INCIDENT, ARE APPLICABLE TO STATE CORRECTIONAL FACILITIES FOR      588          

SIMILAR INCIDENTS OCCURRING AT STATE CORRECTIONAL FACILITIES.      589          

      (6)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE       591          

INTERNAL AND PERIMETER SECURITY TO PROTECT THE PUBLIC, STAFF       592          

MEMBERS OF THE CORRECTIONAL FACILITY, AND PRISONERS IN THE         593          

CORRECTIONAL FACILITY;                                             594          

      (7)  A REQUIREMENT THAT THE CORRECTIONAL FACILITY BE         596          

STAFFED AT ALL TIMES WITH A STAFFING PATTERN THAT IS ADEQUATE TO   597          

ENSURE SUPERVISION OF INMATES AND MAINTENANCE OF SECURITY WITHIN   598          

THE CORRECTIONAL FACILITY AND TO PROVIDE FOR APPROPRIATE           599          

PROGRAMS, TRANSPORTATION, SECURITY, AND OTHER OPERATIONAL NEEDS.   600          

IN DETERMINING SECURITY NEEDS FOR THE CORRECTIONAL FACILITY, THE   602          

PRIVATE CONTRACTOR AND THE CONTRACT REQUIREMENTS SHALL FULLY TAKE  603          

INTO ACCOUNT ALL RELEVANT FACTORS, INCLUDING, BUT NOT LIMITED TO,  604          

THE PROXIMITY OF THE FACILITY TO NEIGHBORHOODS AND SCHOOLS.        605          

      (8)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR PROVIDE AN    607          

ADEQUATE POLICY OF INSURANCE THAT SATISFIES THE REQUIREMENTS SET   608          

FORTH IN DIVISION (D) OF SECTION 9.06 OF THE REVISED CODE          610          

REGARDING CONTRACTORS WHO OPERATE AND MANAGE A FACILITY UNDER      611          

THAT SECTION, AND THAT THE PRIVATE CONTRACTOR INDEMNIFY, DEFEND,   612          

AND HOLD HARMLESS THE STATE, ITS OFFICERS, AGENTS, AND EMPLOYEES,  613          

AND ANY LOCAL PUBLIC ENTITY IN THE STATE WITH JURISDICTION OVER    614          

THE PLACE AT WHICH THE CORRECTIONAL FACILITY IS LOCATED OR THAT    615          

OWNS THE CORRECTIONAL FACILITY IN THE MANNER DESCRIBED IN          617          

DIVISION (D) OF THAT SECTION REGARDING CONTRACTORS WHO OPERATE     618          

AND MANAGE A FACILITY UNDER THAT SECTION;                          619          

      (9)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR DEVELOP A     621          

SECURITY CLASSIFICATION SCHEDULE FOR PRISONERS HOUSED IN THE       622          

CORRECTIONAL FACILITY, CLASSIFY IN ACCORDANCE WITH THE SCHEDULE    623          

EACH PRISONER HOUSED IN THE FACILITY, AND HOUSE ALL PRISONERS IN   624          

THE FACILITY IN ACCORDANCE WITH THEIR CLASSIFICATION UNDER THIS    625          

                                                          17     

                                                                 
DIVISION;                                                          626          

      (10)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT     628          

ACCEPT FOR HOUSING, AND WILL NOT HOUSE, IN THE CORRECTIONAL        629          

FACILITY ANY OUT-OF-STATE PRISONER IN RELATION TO WHOM EITHER OF   631          

THE FOLLOWING APPLIES:                                                          

      (a)  THE PRIVATE ENTITY HAS NOT OBTAINED FROM THE            633          

OUT-OF-STATE JURISDICTION THAT IMPOSED THE SENTENCE OR SANCTION    634          

UNDER WHICH THE PRISONER WILL BE CONFINED IN THIS STATE A COPY OF  636          

THE INSTITUTIONAL RECORD OF THE PRISONER WHILE PREVIOUSLY                       

CONFINED IN THAT OUT-OF-STATE JURISDICTION OR A STATEMENT THAT     637          

THE PRISONER PREVIOUSLY HAS NOT BEEN CONFINED IN THAT              638          

OUT-OF-STATE JURISDICTION AND A COPY OF ALL MEDICAL RECORDS        639          

PERTAINING TO THAT PRISONER THAT ARE IN THE POSSESSION OF THE      640          

OUT-OF-STATE JURISDICTION.                                         641          

      (b)  THE PRISONER, WHILE CONFINED IN ANY OUT-OF-STATE        644          

JURISDICTION, HAS A RECORD OF INSTITUTIONAL VIOLENCE INVOLVING     645          

THE USE OF A DEADLY WEAPON, A PATTERN OF COMMITTING ACTS OF AN     646          

ASSAULTIVE NATURE AGAINST EMPLOYEES OF, OR VISITORS TO, THE PLACE  647          

OF CONFINEMENT, A RECORD INDICATING A PATTERN OF VIOLENCE, OR A    648          

RECORD OF ESCAPE OR ATTEMPTED ESCAPE FROM SECURE CUSTODY.          649          

      (11)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR, PRIOR TO    651          

HOUSING ANY OUT-OF-STATE PRISONER IN THE CORRECTIONAL FACILITY     652          

UNDER THE CONTRACT, ENTER INTO A WRITTEN AGREEMENT WITH THE        653          

DEPARTMENT OF REHABILITATION AND CORRECTION THAT SETS FORTH A      655          

PLAN AND PROCEDURE THAT WILL BE USED TO COORDINATE LAW             656          

ENFORCEMENT ACTIVITIES OF STATE LAW ENFORCEMENT AGENCIES AND OF                 

LOCAL LAW ENFORCEMENT AGENCIES WITH JURISDICTION OVER THE PLACE    657          

AT WHICH THE FACILITY IS LOCATED IN RESPONSE TO ANY RIOT,          658          

REBELLION, ESCAPE, INSURRECTION, OR OTHER EMERGENCY OCCURRING      659          

INSIDE OR OUTSIDE THE FACILITY;                                    660          

      (12)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR COOPERATE    662          

WITH THE CORRECTIONAL INSTITUTION INSPECTION COMMITTEE IN THE      663          

COMMITTEE'S PERFORMANCE OF ITS DUTIES UNDER SECTION 103.73 OF THE  665          

REVISED CODE AND PROVIDE THE COMMITTEE, ITS SUBCOMMITTEES, AND     666          

                                                          18     

                                                                 
ITS STAFF MEMBERS, IN PERFORMING THOSE DUTIES, WITH ACCESS TO THE  667          

CORRECTIONAL FACILITY AS DESCRIBED IN THAT SECTION;                668          

      (13)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR PERMIT ANY   670          

PEACE OFFICER WHO SERVES A LAW ENFORCEMENT AGENCY WITH             671          

JURISDICTION OVER THE PLACE AT WHICH THE CORRECTIONAL FACILITY IS  673          

LOCATED TO ENTER INTO THE FACILITY TO INVESTIGATE ANY CRIMINAL     674          

OFFENSE OR DELINQUENT ACT THAT ALLEGEDLY HAS BEEN COMMITTED IN OR  675          

ON THE GROUNDS OF, OR OTHERWISE IN CONNECTION WITH, THE FACILITY;  676          

      (14)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT     678          

EMPLOY ANY PERSON AT THE CORRECTIONAL FACILITY UNTIL AFTER THE     679          

PRIVATE CONTRACTOR HAS SUBMITTED TO THE BUREAU OF CRIMINAL         680          

IDENTIFICATION AND INVESTIGATION, ON A FORM PRESCRIBED BY THE      681          

SUPERINTENDENT OF THE BUREAU, A REQUEST THAT THE BUREAU CONDUCT A  682          

CRIMINAL RECORDS CHECK OF THE PERSON AND A REQUIREMENT THAT THE    683          

PRIVATE CONTRACTOR WILL NOT EMPLOY ANY PERSON AT THE FACILITY IF   684          

THE RECORDS CHECK OR OTHER INFORMATION POSSESSED BY THE            685          

CONTRACTOR INDICATES THAT THE PERSON PREVIOUSLY HAS ENGAGED IN     686          

MALFEASANCE;                                                       687          

      (15)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR WILL NOT     689          

ACCEPT FOR HOUSING, AND WILL NOT HOUSE, IN THE CORRECTIONAL        690          

FACILITY ANY OUT-OF-STATE PRISONER UNLESS THE PRIVATE CONTRACTOR   691          

AND THE OUT-OF-STATE JURISDICTION THAT IMPOSED THE SENTENCE FOR    692          

WHICH THE PRISONER IS TO BE CONFINED AGREE THAT, IF THE            693          

OUT-OF-STATE PRISONER IS CONFINED IN THE FACILITY IN THIS STATE,   694          

COMMITS A CRIMINAL OFFENSE WHILE CONFINED IN THE FACILITY, IS      695          

CONVICTED OF OR PLEADS GUILTY TO THAT OFFENSE, AND IS SENTENCED    696          

TO A TERM OF CONFINEMENT FOR THAT OFFENSE BUT IS NOT SENTENCED TO  697          

DEATH FOR THAT OFFENSE, THE PRIVATE CONTRACTOR AND THE             698          

OUT-OF-STATE JURISDICTION WILL DO ALL OF THE FOLLOWING:            699          

      (a)  UNLESS SECTION 5120.50 OF THE REVISED CODE DOES NOT     702          

APPLY IN RELATION TO THE OFFENSE THE PRISONER COMMITTED WHILE                   

CONFINED IN THIS STATE AND THE TERM OF CONFINEMENT IMPOSED FOR     704          

THAT OFFENSE, THE OUT-OF-STATE JURISDICTION WILL ACCEPT THE        706          

PRISONER PURSUANT TO THAT SECTION FOR SERVICE OF THAT TERM OF      708          

                                                          19     

                                                                 
CONFINEMENT AND FOR ANY PERIOD OF TIME REMAINING UNDER THE                      

SENTENCE FOR WHICH THE PRISONER WAS CONFINED IN THE FACILITY IN    709          

THIS STATE, THE OUT-OF-STATE JURISDICTION WILL CONFINE THE         710          

PRISONER PURSUANT TO THAT SECTION FOR THAT TERM AND THAT           711          

REMAINING PERIOD OF TIME, AND THE PRIVATE CONTRACTOR WILL          712          

TRANSPORT THE PRISONER TO THE OUT-OF-STATE JURISDICTION FOR        713          

SERVICE OF THAT TERM AND THAT REMAINING PERIOD OF TIME.            714          

      (b)  IF SECTION 5120.50 OF THE REVISED CODE DOES NOT APPLY   716          

IN RELATION TO THE OFFENSE THE PRISONER COMMITTED WHILE CONFINED   717          

IN THIS STATE AND THE TERM OF CONFINEMENT IMPOSED FOR THAT         718          

OFFENSE, THE PRISONER SHALL BE RETURNED TO THE OUT-OF-STATE        719          

JURISDICTION OR ITS PRIVATE CONTRACTOR FOR COMPLETION OF THE       720          

PERIOD OF TIME REMAINING UNDER THE OUT-OF-STATE SENTENCE FOR       722          

WHICH THE PRISONER WAS CONFINED IN THE FACILITY IN THIS STATE                   

BEFORE STARTING SERVICE OF THE TERM OF CONFINEMENT IMPOSED FOR     724          

THE OFFENSE COMMITTED WHILE CONFINED IN THIS STATE, THE            725          

OUT-OF-STATE JURISDICTION OR ITS PRIVATE CONTRACTOR WILL CONFINE   726          

THE PRISONER FOR THAT REMAINING PERIOD OF TIME AND WILL TRANSPORT               

THE PRISONER OUTSIDE OF THIS STATE FOR SERVICE OF THAT REMAINING   727          

PERIOD OF TIME, AND, IF THE PRISONER IS CONFINED IN THIS STATE IN  729          

A FACILITY OPERATED BY THE DEPARTMENT OF REHABILITATION AND        730          

CORRECTION, THE PRIVATE CONTRACTOR WILL BE FINANCIALLY                          

RESPONSIBLE FOR REIMBURSING THE DEPARTMENT AT THE PER DIEM COST    731          

OF CONFINEMENT FOR THE DURATION OF THAT INCARCERATION, WITH THE    732          

AMOUNT OF THE REIMBURSEMENT SO PAID TO BE DEPOSITED IN THE         733          

DEPARTMENT'S PRISONER PROGRAMS FUND.                               734          

      (16)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR, PRIOR TO    737          

HOUSING ANY OUT-OF-STATE PRISONER IN THE CORRECTIONAL FACILITY     738          

UNDER THE CONTRACT, ENTER INTO AN AGREEMENT WITH THE LOCAL PUBLIC  739          

ENTITY THAT SETS FORTH A CONVERSION PLAN THAT WILL BE FOLLOWED     740          

IF, FOR ANY REASON, THE FACILITY IS CLOSED OR CEASES TO OPERATE.   741          

THE CONVERSION PLAN SHALL INCLUDE, BUT IS NOT LIMITED TO,          742          

PROVISIONS THAT SPECIFY WHETHER THE PRIVATE CONTRACTOR, THE LOCAL  743          

PUBLIC ENTITY, OR THE OUT-OF-STATE JURISDICTIONS THAT IMPOSED THE  744          

                                                          20     

                                                                 
SENTENCES FOR WHICH THE OUT-OF-STATE PRISONERS ARE CONFINED IN     745          

THE FACILITY WILL BE RESPONSIBLE FOR HOUSING AND TRANSPORTING THE  746          

PRISONERS WHO ARE IN THE FACILITY AT THE TIME IT IS CLOSED OR      747          

CEASES TO OPERATE AND FOR THE COST OF SO HOUSING AND TRANSPORTING  748          

THOSE PRISONERS.                                                                

      (17)  A SCHEDULE OF FINES THAT THE LOCAL PUBLIC ENTITY       750          

SHALL IMPOSE UPON THE PRIVATE CONTRACTOR IF THE PRIVATE            751          

CONTRACTOR FAILS TO PERFORM ITS CONTRACTUAL DUTIES, AND A          752          

REQUIREMENT THAT, IF THE PRIVATE CONTRACTOR FAILS TO PERFORM ITS   753          

CONTRACTUAL DUTIES, THE LOCAL PUBLIC ENTITY SHALL IMPOSE A FINE    755          

ON THE PRIVATE CONTRACTOR FROM THE SCHEDULE OF FINES AND, IN                    

ADDITION TO THE FINE, MAY EXERCISE ANY OTHER RIGHTS IT HAS UNDER   757          

THE CONTRACT.  DIVISION (F)(2) OF THIS SECTION APPLIES REGARDING   758          

A FINE DESCRIBED IN THIS DIVISION.                                              

      (18)  A REQUIREMENT THAT THE PRIVATE CONTRACTOR ADOPT AND    760          

USE IN THE CORRECTIONAL FACILITY THE DRUG TESTING AND TREATMENT    761          

PROGRAM THAT THE DEPARTMENT OF REHABILITATION AND CORRECTION USES  762          

FOR INMATES IN STATE CORRECTIONAL INSTITUTIONS.                    763          

      (E)  A PRIVATE CORRECTIONAL OFFICER OR OTHER DESIGNATED      766          

EMPLOYEE OF A PRIVATE CONTRACTOR THAT OPERATES A CORRECTIONAL      767          

FACILITY THAT HOUSES OUT-OF-STATE PRISONERS IN THIS STATE UNDER A  768          

CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE    769          

OF THIS SECTION MAY CARRY AND USE FIREARMS IN THE COURSE OF THE    770          

OFFICER'S OR EMPLOYEE'S EMPLOYMENT ONLY IF THE OFFICER OR                       

EMPLOYEE IS CERTIFIED AS HAVING SATISFACTORILY COMPLETED AN        771          

APPROVED TRAINING PROGRAM DESIGNED TO QUALIFY PERSONS FOR          773          

POSITIONS AS SPECIAL POLICE OFFICERS, SECURITY GUARDS, OR PERSONS  774          

OTHERWISE PRIVATELY EMPLOYED IN A POLICE CAPACITY, AS DESCRIBED    775          

IN DIVISION (A) OF SECTION 109.78 OF THE REVISED CODE.             778          

      (F)(1)  UPON NOTIFICATION BY THE PRIVATE CONTRACTOR OF AN    781          

ESCAPE FROM, OR OF A DISTURBANCE AT, A CORRECTIONAL FACILITY THAT  782          

IS OPERATED BY A PRIVATE CONTRACTOR UNDER A CONTRACT ENTERED INTO  783          

PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND      784          

THAT HOUSES OUT-OF-STATE PRISONERS IN THIS STATE, THE DEPARTMENT   785          

                                                          21     

                                                                 
OF REHABILITATION AND CORRECTION AND STATE AND LOCAL LAW           786          

ENFORCEMENT AGENCIES SHALL USE ALL REASONABLE MEANS TO RECAPTURE   787          

PERSONS WHO ESCAPED FROM THE FACILITY OR QUELL ANY DISTURBANCE AT  788          

THE FACILITY, IN ACCORDANCE WITH THE PLAN AND PROCEDURE INCLUDED   789          

IN THE WRITTEN AGREEMENT ENTERED INTO UNDER DIVISION (D)(11) OF    790          

THIS SECTION IN RELATION TO CONTRACTS ENTERED INTO ON OR AFTER     791          

THE EFFECTIVE DATE OF THIS SECTION, AND IN ACCORDANCE WITH THEIR   792          

NORMAL PROCEDURES IN RELATION TO CONTRACTS ENTERED INTO PRIOR TO   793          

THE EFFECTIVE DATE OF THIS SECTION.  ANY COST INCURRED BY THIS     794          

STATE OR A POLITICAL SUBDIVISION OF THIS STATE RELATING TO THE     795          

APPREHENSION OF A PERSON WHO ESCAPED FROM THE FACILITY, TO THE     796          

QUELLING OF A DISTURBANCE AT THE FACILITY, OR TO THE                            

INVESTIGATION OR PROSECUTION AS DESCRIBED IN DIVISION (G)(2) OF    797          

THIS SECTION OF ANY OFFENSE RELATING TO THE ESCAPE OR DISTURBANCE  798          

SHALL BE CHARGEABLE TO AND BORNE BY THE PRIVATE CONTRACTOR.  THE   799          

CONTRACTOR ALSO SHALL REIMBURSE THE STATE OR ITS POLITICAL         800          

SUBDIVISIONS FOR ALL REASONABLE COSTS INCURRED RELATING TO THE     801          

TEMPORARY DETENTION OF A PERSON WHO ESCAPED FROM THE FACILITY,     802          

FOLLOWING THE PERSON'S RECAPTURE.                                  803          

      (2)  IF A PRIVATE CONTRACTOR THAT, ON OR AFTER THE           805          

EFFECTIVE DATE OF THIS SECTION, ENTERS INTO A CONTRACT UNDER THIS  806          

SECTION WITH A LOCAL PUBLIC ENTITY FOR THE OPERATION OF A          807          

CORRECTIONAL FACILITY THAT HOUSES OUT-OF-STATE PRISONERS FAILS TO  809          

PERFORM ITS CONTRACTUAL DUTIES, THE LOCAL PUBLIC ENTITY SHALL      810          

IMPOSE UPON THE PRIVATE CONTRACTOR A FINE FROM THE SCHEDULE OF     811          

FINES INCLUDED IN THE CONTRACT AND MAY EXERCISE ANY OTHER RIGHTS                

IT HAS UNDER THE CONTRACT.  A FINE IMPOSED UNDER THIS DIVISION     813          

SHALL BE PAID TO THE LOCAL PUBLIC ENTITY THAT ENTERS INTO THE      814          

CONTRACT, AND THE LOCAL PUBLIC ENTITY SHALL DEPOSIT THE MONEY SO   815          

PAID INTO ITS TREASURY TO THE CREDIT OF THE FUND USED TO PAY FOR   816          

COMMUNITY POLICING.  IF A FINE IS IMPOSED UNDER THIS DIVISION,     817          

THE LOCAL PUBLIC ENTITY MAY REDUCE THE PAYMENT OWED TO THE         818          

PRIVATE CONTRACTOR PURSUANT TO ANY INVOICE IN THE AMOUNT OF THE    819          

FINE.                                                                           

                                                          22     

                                                                 
      (G)(1)  ANY ACT OR OMISSION THAT WOULD BE A CRIMINAL         822          

OFFENSE OR A DELINQUENT ACT IF COMMITTED AT A STATE CORRECTIONAL   823          

INSTITUTION OR AT A JAIL, WORKHOUSE, PRISON, OR OTHER              824          

CORRECTIONAL FACILITY OPERATED BY THIS STATE OR BY ANY POLITICAL   825          

SUBDIVISION OR GROUP OF POLITICAL SUBDIVISIONS OF THIS STATE       826          

SHALL BE A CRIMINAL OFFENSE OR DELINQUENT ACT IF COMMITTED BY OR   827          

WITH REGARD TO ANY OUT-OF-STATE PRISONER WHO IS HOUSED AT ANY      828          

CORRECTIONAL FACILITY OPERATED BY A PRIVATE CONTRACTOR IN THIS     829          

STATE PURSUANT TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER   830          

THE EFFECTIVE DATE OF THIS SECTION.                                             

      (2)  IF ANY POLITICAL SUBDIVISION OF THIS STATE EXPERIENCES  833          

ANY COST IN THE INVESTIGATION OR PROSECUTION OF AN OFFENSE         834          

COMMITTED BY AN OUT-OF-STATE PRISONER HOUSED IN A CORRECTIONAL     835          

FACILITY OPERATED BY A PRIVATE CONTRACTOR IN THIS STATE PURSUANT   836          

TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE    837          

DATE OF THIS SECTION, THE PRIVATE CONTRACTOR SHALL REIMBURSE THE   838          

POLITICAL SUBDIVISION FOR THE COSTS SO EXPERIENCED.                839          

      (H)(1)  UPON THE COMPLETION OF AN OUT-OF-STATE PRISONER'S    841          

TERM OF DETENTION AT A CORRECTIONAL FACILITY OPERATED BY A         842          

PRIVATE CONTRACTOR IN THIS STATE PURSUANT TO A CONTRACT ENTERED    843          

INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION,    844          

THE OPERATOR OF THE CORRECTIONAL FACILITY SHALL TRANSPORT THE      845          

PRISONER TO THE OUT-OF-STATE JURISDICTION THAT IMPOSED THE                      

SENTENCE FOR WHICH THE PRISONER WAS CONFINED BEFORE IT RELEASES    846          

THE PRISONER FROM ITS CUSTODY.                                     847          

      (2)  NO PRIVATE CONTRACTOR THAT OPERATES AND MANAGES A       850          

CORRECTIONAL FACILITY HOUSING OUT-OF-STATE PRISONERS IN THIS                    

STATE PURSUANT TO A CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER   852          

THE EFFECTIVE DATE OF THIS SECTION SHALL FAIL TO COMPLY WITH       854          

DIVISION (H)(1) OF THIS SECTION.                                                

      (3)  WHOEVER VIOLATES DIVISION (H)(2) OF THIS SECTION IS     857          

GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                       858          

      (I)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE      861          

PROVISIONS OF DIVISIONS (A) TO (H) OF THIS SECTION APPLY IN        862          

                                                          23     

                                                                 
RELATION TO ANY CORRECTIONAL FACILITY OPERATED BY A PRIVATE        863          

CONTRACTOR IN THIS STATE TO HOUSE OUT-OF-STATE PRISONERS,          864          

REGARDLESS OF WHETHER THE FACILITY IS OPERATED PURSUANT TO A       865          

CONTRACT ENTERED INTO PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE                 

OF THIS SECTION.  DIVISION (C)(1) OF THIS SECTION SHALL NOT APPLY  867          

IN RELATION TO ANY CORRECTIONAL FACILITY FOR HOUSING OUT-OF-STATE  868          

PRISONERS IN THIS STATE THAT IS OPERATED BY A PRIVATE CONTRACTOR                

UNDER A CONTRACT ENTERED INTO WITH A LOCAL PUBLIC ENTITY PRIOR TO  869          

THE EFFECTIVE DATE OF THIS SECTION.  IF A PRIVATE CONTRACTOR       871          

OPERATES A CORRECTIONAL FACILITY IN THIS STATE FOR THE HOUSING OF  873          

OUT-OF-STATE PRISONERS UNDER A CONTRACT ENTERED INTO WITH A LOCAL  874          

PUBLIC ENTITY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, NO      875          

LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF                  

THIS SECTION, THE PRIVATE CONTRACTOR SHALL ENTER INTO A CONTRACT   876          

WITH THE LOCAL PUBLIC ENTITY THAT COMPORTS TO THE REQUIREMENTS     877          

AND CRITERIA OF DIVISION (D) OF THIS SECTION.                      878          

      Sec. 103.73.  (A)  The correctional institution inspection   887          

committee shall do all of the following:                           888          

      (1)  Subject to division (C) of this section, establish and  890          

maintain a continuing program of inspection of each state          891          

correctional institution used for the custody, control, training,  892          

and rehabilitation of persons convicted of crime AND OF EACH       893          

PRIVATE CORRECTIONAL FACILITY.  Subject to division (C) of this    894          

section, the committee may inspect any local correctional          896          

institution used for the same purposes.  Subject to division (C)   897          

of this section, the committee, and each member of the committee,  898          

for the purpose of making an inspection pursuant to this section,  899          

shall have access to any state or local correctional institution,  900          

TO ANY PRIVATE CORRECTIONAL FACILITY, or to any part of the        902          

institution OR FACILITY and shall not be required to give advance  903          

notice of, or to make prior arrangements before conducting, an     904          

inspection.                                                                     

      (2)  Evaluate and assist in the development of programs to   906          

improve the condition or operation of correctional institutions;   907          

                                                          24     

                                                                 
      (3)  Prepare a report for submission to the succeeding       909          

general assembly of the findings the committee makes in its        910          

inspections and of any programs that have been proposed or         912          

developed to improve the condition or operation of the             913          

correctional institutions in the state.  The report shall contain  914          

a separate evaluation of the inmate grievance procedure at each    915          

state correctional institution.  The committee shall submit the    916          

report to the succeeding general assembly within fifteen days      917          

after commencement of that general assembly's first regular        918          

session.                                                                        

      (B)  Subject to division (C) of this section, the committee  920          

shall make an inspection of each state correctional institution    921          

each biennium AND OF EACH PRIVATE CORRECTIONAL FACILITY EACH       922          

BIENNIUM.  The inspection shall include attendance at one general  923          

meal period and one rehabilitative or educational program.         924          

      (C)  An inspection of a state correctional institution, A    926          

PRIVATE CORRECTIONAL FACILITY, or A local correctional             927          

institution under division (A) or (B) of this section or under     929          

section 103.74 of the Revised Code is subject to and shall be      930          

conducted in accordance with all of the following:                              

      (1)  The inspection shall not be conducted unless the        932          

chairperson of the committee grants prior approval for the         934          

inspection.  The grant of prior approval shall specify whether                  

the inspection is to be conducted by a subcommittee appointed      936          

under section 103.74 of the Revised Code or is to be conducted     938          

other than by a subcommittee appointed under that section.         939          

      (2)  The inspection shall not be conducted unless one of     942          

the following applies:                                                          

      (a)  If the inspection is to be conducted by a subcommittee  945          

appointed under section 103.74 of the Revised Code, at least two   946          

members appointed to the committee are present for the                          

inspection;                                                        947          

      (b)  If division (C)(2)(a) of this section does not apply,   950          

at least one member appointed to the committee and at least one    951          

                                                          25     

                                                                 
staff member of the committee are present for the inspection.                   

      (3)  Unless the chairperson of the committee determines      954          

that the inspection must be conducted outside of normal business   955          

hours for any reason, including emergency circumstances or a       956          

justifiable cause that perpetuates the mission of the committee,   957          

and the chairperson specifies in the grant of prior approval for                

the inspection that the chairperson has so determined, the         959          

inspection shall be conducted only during normal business hours.                

If the chairperson determines that the inspection must be          960          

conducted outside of normal business hours and the chairperson     961          

specifies in the grant of prior approval for the inspection that   962          

the chairperson has so determined, the inspection may be           963          

conducted outside of normal business hours.                        964          

      (4)  If the inspection is to be conducted by a subcommittee  966          

appointed under section 103.74 of the Revised Code, no staff       967          

member of the committee may be present on the inspection unless    969          

the chairperson of the committee, in the grant of prior approval   970          

for the inspection, specifically authorizes staff members to be    971          

present on the inspection.  If the inspection is to be conducted   972          

other than by a subcommittee appointed under that section, staff   975          

members may be present on the inspection regardless of whether                  

the grant of prior approval contains a specific authorization for  976          

staff members to be present on the inspection.                     977          

      (D)  AS USED IN THIS SECTION:                                979          

      (1)  "LOCAL PUBLIC ENTITY," "OUT-OF-STATE PRISONER," AND     981          

"PRIVATE CONTRACTOR" HAVE THE SAME MEANINGS AS IN SECTION 9.07 OF  982          

THE REVISED CODE.                                                               

      (2)  "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL    985          

FACILITY IN THIS STATE THAT HOUSES OUT-OF-STATE PRISONERS AND      986          

THAT IS OPERATED BY A PRIVATE CONTRACTOR UNDER A CONTRACT WITH A                

LOCAL PUBLIC ENTITY PURSUANT TO SECTION 9.07 OF THE REVISED CODE.  987          

      Sec. 341.34.  (A)  As used in this section, "building or     996          

structure" includes, but is not limited to, a modular unit,        997          

building, or structure and a movable unit, building, or            998          

                                                          26     

                                                                 
structure.                                                         999          

      (B)(1)  The board of county commissioners of any county, by  1,001        

resolution, may dedicate and permit the use, as a minimum          1,002        

security jail, of any vacant or abandoned public building or       1,004        

structure owned by the county that has not been dedicated to or    1,005        

is not then in use for any county or other public purpose, or any  1,006        

building or structure rented or leased by the county.  The board   1,007        

of county commissioners of any county, by resolution, also may     1,008        

dedicate and permit the use, as a minimum security jail, of any    1,009        

building or structure purchased by or constructed by or for the    1,010        

county.  Subject to divisions (B)(3) and (C) of this section,      1,011        

upon the effective date of such a resolution, the specified        1,012        

building or structure shall be used, in accordance with this       1,013        

section, for the confinement of persons who meet one of the        1,014        

following conditions:                                                           

      (a)  The person is sentenced to a term of imprisonment for   1,016        

a traffic violation or a misdemeanor or is sentenced to a          1,017        

residential sanction in the jail for a felony of the fourth or     1,020        

fifth degree pursuant to sections 2929.11 to 2929.19 of the        1,021        

Revised Code, and the jail administrator or the jail               1,023        

administrator's designee has classified the person as a minimal    1,024        

security risk.  In determining the person's classification under   1,025        

this division, the administrator or designee shall consider all    1,026        

relevant factors, including, but not limited to, the person's                   

escape risk and propensity for assaultive or violent behavior,     1,027        

based upon the person's prior and current behavior.                1,028        

      (b)  The person is an inmate transferred by order of a       1,030        

judge of the sentencing court upon the request of the sheriff,     1,031        

administrator, jailer, or other person responsible for operating   1,032        

the jail other than a contractor as defined in division (H) of     1,033        

section 9.06 of the Revised Code, who is named in the request as   1,035        

being suitable for confinement in a minimum security facility.     1,036        

      (2)  The board of county commissioners of any county, by     1,038        

resolution, may affiliate with one or more adjacent counties, or   1,039        

                                                          27     

                                                                 
with one or more municipal corporations located within the county  1,040        

or within an adjacent county, and dedicate and permit the use, as  1,041        

a minimum security jail, of any vacant or abandoned public         1,043        

building or structure owned by any of the affiliating counties or  1,044        

municipal corporations that has not been dedicated to or is not    1,045        

then in use for any public purpose, or any building or structure   1,046        

rented or leased by any of the affiliating counties or municipal   1,047        

corporations.  The board of county commissioners of any county,    1,048        

by resolution, also may affiliate with one or more adjacent        1,049        

counties or with one or more municipal corporations located        1,050        

within the county or within an adjacent county and dedicate and    1,051        

permit the use, as a minimum security jail, of any building or     1,052        

structure purchased by or constructed by or for any of the         1,053        

affiliating counties or municipal corporations.  Any counties and  1,054        

municipal corporations that affiliate for purposes of this         1,055        

division shall enter into an agreement that establishes the        1,056        

responsibilities for the operation and for the cost of operation   1,057        

of the minimum security jail.  Subject to divisions (B)(3) and     1,058        

(C) of this section, upon the effective date of a resolution       1,059        

adopted under this division, the specified building or structure   1,060        

shall be used, in accordance with this section, for the            1,061        

confinement of persons who meet one of the following conditions:   1,062        

      (a)  The person is sentenced to a term of imprisonment for   1,065        

a traffic violation, a misdemeanor, or a violation of an           1,066        

ordinance or OF any municipal corporation, or is sentenced to a    1,068        

residential sanction in the jail for a felony of the fourth or     1,069        

fifth degree pursuant to sections 2929.11 to 2929.19 of the        1,070        

Revised Code, and the jail administrator or the jail               1,072        

administrator's designee has classified the person as a minimal    1,073        

security risk.  In determining the person's classification under   1,074        

this division, the administrator or designee shall consider all    1,075        

relevant factors, including, but not limited to, the person's                   

escape risk and propensity for assaultive or violent behavior,     1,076        

based upon the person's prior and current behavior.                1,077        

                                                          28     

                                                                 
      (b)  The person is an inmate transferred by order of a       1,079        

judge of the sentencing court upon the request of the sheriff,     1,080        

administrator, jailer, or other person responsible for operating   1,081        

the jail other than a contractor as defined in division (H) of     1,082        

section 9.06 of the Revised Code, who is named in the request as   1,084        

being suitable for confinement in a minimum security facility.     1,085        

      (3)  No person shall be confined in a building or structure  1,087        

dedicated as a minimum security jail under division (B)(1) or (2)  1,089        

of this section unless the judge who sentenced the person to the   1,090        

term of imprisonment for the traffic violation or the misdemeanor  1,091        

specifies that the term of imprisonment is to be served in that                 

jail, and division (B)(1) or (2) of this section permits the       1,092        

confinement of the person in that jail or unless the judge who     1,093        

sentenced the person to the residential sanction for the felony    1,096        

specifies that the residential sanction is to be served in a       1,097        

jail, and division (B)(1) or (2) of this section permits the       1,098        

confinement of the person in that jail.  If a rented or leased     1,100        

building or structure is so dedicated, the building or structure                

may be used as a minimum security jail only during the period      1,102        

that it is rented or leased by the county or by an affiliated      1,103        

county or municipal corporation.  If a person convicted of a                    

misdemeanor is confined to a building or structure dedicated as a  1,105        

minimum security jail under division (B)(1) or (2) of this         1,106        

section and the sheriff, administrator, jailer, or other person    1,107        

responsible for operating the jail other than a contractor as      1,108        

defined in division (H) of section 9.06 of the Revised Code        1,109        

determines that it would be more appropriate for the person so     1,111        

confined to be confined in another jail or workhouse facility,     1,112        

the sheriff, administrator, jailer, or other person may transfer   1,113        

the person so confined to a more appropriate jail or workhouse     1,114        

facility.                                                                       

      (C)  All of the following apply to a building or structure   1,116        

that is dedicated pursuant to division (B)(1) or (2) of this       1,117        

section for use as a minimum security jail:                        1,118        

                                                          29     

                                                                 
      (1)  To the extent that the use of the building or           1,120        

structure as a minimum security jail requires a variance from any  1,122        

county, municipal corporation, or township zoning regulations or   1,123        

ordinances, the variance shall be granted.                                      

      (2)  Except as provided in this section, the building or     1,125        

structure shall not be used to confine any person unless it is in  1,126        

substantial compliance with any applicable housing, fire           1,127        

prevention, sanitation, health, and safety codes, regulations, or  1,128        

standards.                                                         1,129        

      (3)  Unless such satisfaction or compliance is required      1,131        

under the standards described in division (C)(4) of this section,  1,132        

and notwithstanding any other provision of state or local law to   1,133        

the contrary, the building or structure need not satisfy or        1,134        

comply with any state or local building standard or code in order  1,135        

to be used to confine a person for the purposes specified in       1,136        

division (B) of this section.                                      1,137        

      (4)  The building or structure shall not be used to confine  1,139        

any person unless it is in compliance with all minimum standards   1,140        

and minimum renovation, modification, and construction criteria    1,141        

for minimum security jails that have been proposed by the          1,143        

department of rehabilitation and correction, through its bureau    1,144        

of adult detention, under section 5120.10 of the Revised Code.     1,145        

      (5)  The building or structure need not be renovated or      1,147        

modified into a secure detention facility in order to be used      1,148        

solely to confine a person for the purposes specified in           1,149        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 1,150        

      (6)  The building or structure shall be used, equipped,      1,152        

furnished, and staffed in the manner necessary to provide          1,153        

adequate and suitable living, sleeping, food service or            1,154        

preparation, drinking, bathing and toilet, sanitation, and other   1,155        

necessary facilities, furnishings, and equipment.                  1,156        

      (D)  Except as provided in this section, a minimum security  1,158        

jail dedicated and used under this section shall be considered to  1,160        

be part of the jail, workhouse, or other correctional facilities   1,161        

                                                          30     

                                                                 
of the county or the affiliated counties and municipal             1,162        

corporations for all purposes under the law.  All persons          1,163        

confined in such a minimum security jail shall be and shall        1,164        

remain, in all respects, under the control of the county           1,165        

authority that has responsibility for the management and           1,166        

operation of the jail, workhouse, or other correctional                         

facilities of the county or, if it is operated by any affiliation  1,167        

of counties or municipal corporations, under the control of the    1,168        

specified county or municipal corporation with that authority,     1,169        

provided that, if the person was convicted of a felony and is      1,170        

serving a residential sanction in the facility, all provisions of  1,171        

law that pertain to persons convicted of a felony that would not   1,172        

by their nature clearly be inapplicable apply regarding the        1,173        

person.  A minimum security jail dedicated and used under this     1,174        

section shall be managed and maintained in accordance with         1,175        

policies and procedures adopted by the board of county             1,176        

commissioners or the affiliated counties and municipal             1,177        

corporations governing the safe and healthful operation of the     1,178        

jail, the confinement and supervision of the persons sentenced to  1,179        

it, and their participation in work release or similar             1,180        

rehabilitation programs.  In addition to other rules of conduct    1,181        

and discipline, the rights of ingress and egress of persons        1,182        

confined in a minimum security jail dedicated and used under this  1,184        

section shall be subject to reasonable restrictions.  Every        1,185        

person confined in a minimum security jail dedicated and used      1,186        

under this section shall be given verbal and written               1,187        

notification, at the time of the person's admission to the jail,   1,188        

that purposely leaving, or purposely failing to return to, the     1,189        

jail without proper authority or permission constitutes the        1,190        

felony offense of escape.                                                       

      (E)  If a person who has been convicted of or pleaded        1,192        

guilty to an offense is sentenced to a term of imprisonment or a   1,193        

residential sanction in a minimum security jail as described in    1,194        

division (B)(1)(a) or (B)(2)(a) of this section, or if a person    1,196        

                                                          31     

                                                                 
is an inmate transferred to a minimum security jail by order of a  1,197        

judge of the sentencing court as described in division (B)(1)(b)   1,198        

or (2)(b) of this section, at the time of reception and at other   1,199        

times the person in charge of the operation of the jail            1,201        

determines to be appropriate, the sheriff or other person in       1,202        

charge of the operation of the jail may cause the convicted        1,203        

offender to be examined and tested for tuberculosis, HIV           1,204        

infection, hepatitis, including but not limited to hepatitis A,    1,205        

B, and C, and other contagious diseases.  The person in charge of  1,207        

the operation of the jail may cause a convicted offender in the    1,208        

jail who refuses to be tested or treated for tuberculosis, HIV     1,209        

infection, hepatitis, including but not limited to hepatitis A,    1,210        

B, and C, or another contagious disease to be tested and treated   1,212        

involuntarily.                                                                  

      Sec. 341.41.  (A)  As used in this section:                  1,221        

      (1)  "Free weight exercise equipment" means any equipment    1,223        

or device that is designed to increase the muscle mass and         1,224        

physical strength of the person using it.  "Free weight exercise   1,225        

equipment" includes, but is not limited to, barbells, dumbbells,   1,227        

weight plates, and similar free weight-type equipment and other    1,228        

devices that the department of rehabilitation and correction, in                

rules adopted under section 5120.423 of the Revised Code,          1,229        

designates as enabling a person to increase muscle mass and        1,231        

physical strength.                                                              

      (2)  "Fixed weight exercise equipment" means any equipment,  1,233        

machine, or device that is not designed primarily to increase      1,235        

muscle mass and physical strength but rather to keep a person in   1,236        

relatively good physical condition.  "Fixed weight exercise        1,237        

equipment" includes, but is not limited to, weight machines that   1,238        

utilize weight plates, tension bands, or similar devices that      1,239        

provide weight training resistance like universal and nautilus     1,240        

equipment.  "Fixed weight exercise equipment" includes machines    1,241        

that are usually assembled as a unit, are not readily dismantled,  1,242        

and have been specifically modified for prison use so as to make   1,243        

                                                          32     

                                                                 
them secure and immobile.                                                       

      (3)  "County correctional officer" means a person who is     1,246        

employed by a county as an employee or officer of a county jail,   1,247        

county workhouse, minimum security jail, joint city and county     1,248        

workhouse, municipal-county correctional center,                   1,249        

multicounty-municipal correctional center, municipal-county jail   1,250        

or workhouse, or multicounty-municipal jail or workhouse.          1,251        

      (4)  A PERSON IS "EMPLOYED BY A COUNTY" IF THE PERSON IS     1,253        

EMPLOYED BY, OR RECEIVES ANY COMPENSATION OR BENEFITS FROM, ANY    1,254        

OFFICIAL, OFFICER, OFFICE, AGENCY, BOARD, COMMISSION, DEPARTMENT,  1,255        

OR OTHER ENTITY THAT IS A BRANCH OF COUNTY GOVERNMENT, THAT IS     1,256        

ESTABLISHED BY A COUNTY, OR THAT SERVES A COUNTY, INCLUDING, BUT   1,257        

NOT LIMITED TO, A SHERIFF.                                                      

      (5)  "Multicounty-municipal" has the same meaning as in      1,260        

section 307.93 of the Revised Code.                                             

      (B)  No county correctional officer shall do any of the      1,262        

following:                                                         1,263        

      (1)  Provide a prisoner access to free weight or fixed       1,265        

weight exercise equipment;                                         1,266        

      (2)  Allow a prisoner to provide or receive instruction in   1,268        

boxing, wrestling, karate, judo, or another form of martial arts,  1,269        

or any other program that the department of rehabilitation and     1,270        

correction, in rules adopted under section 5120.423 of the         1,272        

Revised Code, designates as enabling a person to improve fighting  1,273        

skills.                                                            1,274        

      (C)  Nothing in this section prohibits a county              1,277        

correctional officer from allowing a prisoner to participate in                 

jogging, basketball, stationary exercise bicycling, supervised     1,279        

calisthenics, or other physical activities that are not designed   1,280        

to increase muscle mass and physical strength or improve fighting  1,281        

skills.                                                            1,282        

      Sec. 753.21.  (A)  As used in this section, "building or     1,291        

structure" includes, but is not limited to, a modular unit,        1,292        

building, or structure and a movable unit, building, or            1,293        

                                                          33     

                                                                 
structure.                                                         1,294        

      (B)(1)  The legislative authority of a municipal             1,296        

corporation, by ordinance, may dedicate and permit the use, as a   1,297        

minimum security jail, of any vacant or abandoned public building  1,299        

or structure owned by the municipal corporation that has not been  1,300        

dedicated to or is not then in use for any municipal or other      1,301        

public purpose, or any building or structure rented or leased by   1,302        

the municipal corporation.  The legislative authority of a         1,303        

municipal corporation, by ordinance, also may dedicate and permit  1,304        

the use, as a minimum security jail, of any building or structure  1,305        

purchased by or constructed by or for the municipal corporation.   1,306        

Subject to divisions (B)(3) and (C) of this section, upon the      1,307        

effective date of such an ordinance, the specified building or     1,308        

structure shall be used, in accordance with this section, for the  1,309        

confinement of persons who meet one of the following conditions:   1,310        

      (a)  The person is sentenced to a term of imprisonment for   1,312        

a traffic violation, a misdemeanor, or a violation of a municipal  1,315        

ordinance and is under the jurisdiction of the municipal           1,316        

corporation or is sentenced to a residential sanction in the jail  1,317        

for a felony of the fourth or fifth degree pursuant to sections    1,319        

2929.11 to 2929.19 of the Revised Code, and the jail               1,321        

administrator or the jail administrator's designee has classified               

the person as a minimal security risk.  In determining the         1,322        

person's classification under this division, the administrator or  1,323        

designee shall consider all relevant factors, including, but not   1,324        

limited to, the person's escape risk and propensity for            1,325        

assaultive or violent behavior, based upon the person's prior and  1,326        

current behavior.                                                               

      (b)  The person is an inmate transferred by order of a       1,328        

judge of the sentencing court upon the request of the sheriff,     1,329        

administrator, jailer, or other person responsible for operating   1,330        

the jail other than a contractor as defined in division (H) of     1,331        

section 9.06 of the Revised Code, who is named in the request as   1,333        

being suitable for confinement in a minimum security facility.     1,334        

                                                          34     

                                                                 
      (2)  The legislative authority of a municipal corporation,   1,336        

by ordinance, may affiliate with the county in which it is         1,337        

located, with one or more counties adjacent to the county in       1,338        

which it is located, or with one or more municipal corporations    1,339        

located within the county in which it is located or within an      1,340        

adjacent county, and dedicate and permit the use, as a minimum     1,341        

security jail, of any vacant or abandoned public building or       1,343        

structure owned by any of the affiliating counties or municipal    1,344        

corporations that has not been dedicated to or is not then in use  1,345        

for any public purpose, or any building or structure rented or     1,346        

leased by any of the affiliating counties or municipal                          

corporations.  The legislative authority of a municipal            1,347        

corporation, by ordinance, also may affiliate with one or more     1,348        

counties adjacent to the county in which it is located or with     1,349        

one or more municipal corporations located within the county in    1,350        

which it is located or within an adjacent county and dedicate and  1,351        

permit the use, as a minimum security jail, of any building or     1,353        

structure purchased by or constructed by or for any of the         1,354        

affiliating counties or municipal corporations.  Any counties and  1,355        

municipal corporations that affiliate for purposes of this         1,356        

division shall enter into an agreement that establishes the        1,357        

responsibilities for the operation and for the cost of operation   1,358        

of the minimum security jail.  Subject to divisions (B)(3) and     1,359        

(C) of this section, upon the effective date of an ordinance       1,360        

adopted under this division, the specified building or structure   1,361        

shall be used, in accordance with this section, for the            1,362        

confinement of persons who meet one of the following conditions:   1,363        

      (a)  The person is sentenced to a term of imprisonment for   1,365        

a traffic violation, a misdemeanor, or a violation of an           1,368        

ordinance of a municipal corporation and is under the              1,370        

jurisdiction of any of the affiliating counties or municipal                    

corporations or is sentenced to a residential sanction in the      1,372        

jail for a felony of the fourth or fifth degree pursuant to        1,374        

sections 2929.11 to 2929.19 of the Revised Code, and the jail      1,376        

                                                          35     

                                                                 
administrator or the jail administrator's designee has classified               

the person as a minimal security risk.  In determining the         1,377        

person's classification under this division, the administrator or  1,378        

designee shall consider all relevant factors, including, but not   1,379        

limited to, the person's escape risk and propensity for            1,380        

assaultive or violent behavior, based upon the person's prior and  1,381        

current behavior.                                                               

      (b)  The person is an inmate transferred by order of a       1,383        

judge of the sentencing court upon the request of the sheriff,     1,384        

administrator, jailer, or other person responsible for operating   1,385        

the jail other than a contractor as defined in division (H) of     1,386        

section 9.06 of the Revised Code, who is named in the request as   1,388        

being suitable for confinement in a minimum security facility.                  

      (3)  No person shall be confined in a building or structure  1,390        

dedicated as a minimum security jail under division (B)(1) or (2)  1,392        

of this section unless the judge who sentenced the person to the   1,393        

term of imprisonment for the traffic violation or the misdemeanor  1,394        

specifies that the term of imprisonment is to be served in that                 

jail, and division (B)(1) or (2) of this section permits the       1,395        

confinement of the person in that jail or unless the judge who     1,396        

sentenced the person to the residential sanction for the felony    1,399        

specifies that the residential sanction is to be served in a       1,400        

jail, and division (B)(1) or (2) of this section permits the       1,401        

confinement of the person in that jail.  If a rented or leased     1,402        

building or structure is so dedicated, the building or structure   1,403        

may be used as a minimum security jail only during the period      1,405        

that it is rented or leased by the municipal corporation or by an  1,406        

affiliated county or municipal corporation.  If a person           1,407        

convicted of a misdemeanor is confined to a building or structure               

dedicated as a minimum security jail under division (B)(1) or (2)  1,409        

of this section and the sheriff, administrator, jailer, or other   1,410        

person responsible for operating the jail other than a contractor  1,412        

as defined in division (H) of section 9.06 of the Revised Code     1,413        

determines that it would be more appropriate for the person so     1,415        

                                                          36     

                                                                 
confined to be confined in another jail or workhouse facility,     1,416        

the sheriff, administrator, jailer, or other person may transfer   1,417        

the person so confined to a more appropriate jail or workhouse     1,418        

facility.                                                                       

      (C)  All of the following apply in relation to a building    1,420        

or structure that is dedicated pursuant to division (B)(1) or (2)  1,421        

of this section for use as a minimum security jail:                1,422        

      (1)  To the extent that the use of the building or           1,424        

structure as a minimum security jail requires a variance from any  1,426        

municipal corporation, county, or township zoning ordinances or    1,427        

regulations, the variance shall be granted.                                     

      (2)  Except as provided in this section, the building or     1,429        

structure shall not be used to confine any person unless it is in  1,430        

substantial compliance with any applicable housing, fire           1,431        

prevention, sanitation, health, and safety codes, regulations, or  1,432        

standards.                                                         1,433        

      (3)  Unless such satisfaction or compliance is required      1,435        

under the standards described in division (C)(4) of this section,  1,436        

and notwithstanding any other provision of state or local law to   1,437        

the contrary, the building or structure need not satisfy or        1,438        

comply with any state or local building standard or code in order  1,439        

to be used to confine a person for the purposes specified in       1,440        

division (B) of this section.                                      1,441        

      (4)  The building or structure shall not be used to confine  1,443        

any person unless it is in compliance with all minimum standards   1,444        

and minimum renovation, modification, and construction criteria    1,445        

for minimum security jails that have been proposed by the          1,447        

department of rehabilitation and correction, through its bureau    1,448        

of adult detention, under section 5120.10 of the Revised Code.                  

      (5)  The building or structure need not be renovated or      1,450        

modified into a secure detention facility in order to be used      1,451        

solely to confine a person for the purposes specified in           1,452        

divisions (B)(1)(a) and (B)(2)(a) of this section.                 1,453        

      (6)  The building or structure shall be used, equipped,      1,455        

                                                          37     

                                                                 
furnished, and staffed to provide adequate and suitable living,    1,456        

sleeping, food service or preparation, drinking, bathing and       1,457        

toilet, sanitation, and other necessary facilities, furnishings,   1,458        

and equipment.                                                     1,459        

      (D)  Except as provided in this section, a minimum security  1,461        

jail dedicated and used under this section shall be considered to  1,463        

be part of the jail, workhouse, or other correctional facilities   1,464        

of the municipal corporation or the affiliated counties and        1,465        

municipal corporations for all purposes under the law.  All        1,466        

persons confined in such a minimum security jail shall be and      1,467        

shall remain, in all respects, under the control of the authority  1,468        

of the municipal corporation that has responsibility for the       1,469        

management and operation of the jail, workhouse, or other          1,470        

correctional facilities of the municipal corporation or, if it is  1,471        

operated by any affiliation of counties or municipal               1,472        

corporations, under the control of the specified county or         1,473        

municipal corporation with that authority, provided that, if the   1,474        

person was convicted of a felony and is serving a residential                   

sanction in the facility, all provisions of law that pertain to    1,475        

persons convicted of a felony that would not by their nature       1,476        

clearly be inapplicable apply regarding the person.  A minimum     1,478        

security jail dedicated and used under this section shall be       1,479        

managed and maintained in accordance with policies and procedures  1,480        

adopted by the legislative authority of the municipal corporation  1,481        

or the affiliated counties and municipal corporations governing    1,482        

the safe and healthful operation of the jail, the confinement and  1,483        

supervision of the persons sentenced to it, and their              1,484        

participation in work release or similar rehabilitation programs.  1,485        

In addition to other rules of conduct and discipline, the rights   1,486        

of ingress and egress of persons confined in a minimum security    1,487        

jail dedicated and used under this section shall be subject to     1,488        

reasonable restrictions.  Every person confined in a minimum       1,489        

security jail dedicated and used under this section shall be       1,491        

given verbal and written notification, at the time of the          1,492        

                                                          38     

                                                                 
person's admission to the jail, that purposely leaving, or                      

purposely failing to return to, the jail without proper authority  1,493        

or permission constitutes the felony offense of escape.            1,494        

      (E)  If a person who has been convicted of or pleaded        1,496        

guilty to an offense is sentenced to a term of imprisonment or a   1,497        

residential sanction in a minimum security jail as described in    1,498        

division (B)(1)(a) or (B)(2)(a) of this section, or if a person    1,500        

is an inmate transferred to a minimum security jail by order of a  1,501        

judge of the sentencing court as described in division (B)(1)(b)   1,502        

or (2)(b) of this section, at the time of reception and at other   1,503        

times the person in charge of the operation of the jail            1,505        

determines to be appropriate, the person in charge of the          1,506        

operation of the jail may cause the convicted offender to be       1,507        

examined and tested for tuberculosis, HIV infection, hepatitis,    1,508        

including but not limited to hepatitis A, B, and C, and other      1,509        

contagious diseases.  The person in charge of the operation of     1,511        

the jail may cause a convicted offender in the jail who refuses    1,512        

to be tested or treated for tuberculosis, HIV infection,           1,513        

hepatitis, including but not limited to hepatitis A, B, and C, or  1,514        

another contagious disease to be tested and treated                1,516        

involuntarily.                                                                  

      Sec. 753.31.  (A)  As used in this section:                  1,525        

      (1)  "Free weight exercise equipment" means any equipment    1,527        

or device that is designed to increase the muscle mass and         1,528        

physical strength of the person using it.  "Free weight exercise   1,529        

equipment" includes, but is not limited to, barbells, dumbbells,   1,530        

weight plates, and similar free weight-type equipment and other    1,532        

devices that the department of rehabilitation and correction, in                

rules adopted under section 5120.423 of the Revised Code,          1,533        

designates as enabling a person to increase muscle mass and        1,534        

physical strength.                                                              

      (2)  "Fixed weight exercise equipment" means any equipment,  1,536        

machine, or device that is not designed primarily to increase      1,538        

muscle mass and physical strength but rather to keep a person in   1,539        

                                                          39     

                                                                 
relatively good physical condition.  "Fixed weight exercise        1,540        

equipment" includes, but is not limited to, weight machines that   1,541        

utilize weight plates, tension bands, or similar devices that      1,542        

provide weight training resistance like universal and nautilus     1,543        

equipment.  "Fixed weight exercise equipment" includes machines    1,544        

that are usually assembled as a unit, are not readily dismantled,  1,546        

and have been specifically modified for prison use so as to make   1,547        

them secure and immobile.                                                       

      (3)  "Municipal correctional officer" means a person who is  1,550        

employed by a municipal corporation as an employee or officer of   1,551        

a municipal jail, municipal workhouse, minimum security jail,      1,552        

joint city and county workhouse, municipal-county correctional     1,553        

center, multicounty-municipal correctional center,                 1,554        

municipal-county jail or workhouse, or multicounty-municipal jail  1,555        

or workhouse.                                                                   

      (4)  A PERSON IS "EMPLOYED BY A MUNICIPAL CORPORATION" IF    1,557        

THE PERSON IS EMPLOYED BY, OR RECEIVES ANY COMPENSATION OR         1,558        

BENEFITS FROM, ANY OFFICIAL, OFFICER, OFFICE, AGENCY, BOARD,       1,559        

COMMISSION, DEPARTMENT, OR OTHER ENTITY THAT IS A BRANCH OF        1,561        

MUNICIPAL GOVERNMENT, THAT IS ESTABLISHED BY A MUNICIPAL                        

CORPORATION, OR THAT SERVES A MUNICIPAL CORPORATION, INCLUDING,    1,562        

BUT NOT LIMITED TO, A CHIEF LAW ENFORCEMENT OFFICER OF A           1,564        

MUNICIPAL CORPORATION.                                                          

      (5)  "Multicounty-municipal" has the same meaning as in      1,567        

section 307.93 of the Revised Code.                                             

      (B)  No municipal correctional officer shall do any of the   1,570        

following:                                                                      

      (1)  Provide a prisoner access to free weight or fixed       1,572        

weight exercise equipment;                                         1,573        

      (2)  Allow a prisoner to provide or receive instruction in   1,575        

boxing, wrestling, karate, judo, or another form of martial arts,  1,576        

or any other program that the department of rehabilitation and     1,577        

correction, in rules adopted under section 5120.423 of the         1,578        

Revised Code, designates as enabling a person to improve fighting  1,580        

                                                          40     

                                                                 
skills.                                                                         

      (C)  Nothing in this section prohibits a municipal           1,583        

correctional officer from allowing a prisoner to participate in                 

jogging, basketball, stationary exercise bicycling, supervised     1,585        

calisthenics, or other physical activities that are not designed   1,586        

to increase muscle mass and physical strength or improve fighting  1,587        

skills.                                                            1,588        

      Sec. 2921.01.  As used in sections 2921.01 to 2921.45 of     1,597        

the Revised Code:                                                  1,598        

      (A)  "Public official" means any elected or appointed        1,600        

officer, or employee, or agent of the state or any political       1,601        

subdivision, whether in a temporary or permanent capacity, and     1,602        

includes, but is not limited to, legislators, judges, and law      1,604        

enforcement officers.                                                           

      (B)  "Public servant" means any of the following:            1,606        

      (1)  Any public official;                                    1,608        

      (2)  Any person performing ad hoc a governmental function,   1,610        

including, but not limited to, a juror, member of a temporary      1,612        

commission, master, arbitrator, advisor, or consultant;            1,613        

      (3)  A person who is a candidate for public office, whether  1,615        

or not the person is elected or appointed to the office for which  1,617        

the person is a candidate.  A person is a candidate for purposes   1,619        

of this division if the person has been nominated according to     1,620        

law for election or appointment to public office, or if the        1,621        

person has filed a petition or petitions as required by law to     1,622        

have the person's name placed on the ballot in a primary,          1,623        

general, or special election, or if the person campaigns as a      1,624        

write-in candidate in any primary, general, or special election.                

      (C)  "Party official" means any person who holds an          1,626        

elective or appointive post in a political party in the United     1,627        

States or this state, by virtue of which the person directs,       1,628        

conducts, or participates in directing or conducting party         1,630        

affairs at any level of responsibility.                            1,631        

      (D)  "Official proceeding" means any proceeding before a     1,633        

                                                          41     

                                                                 
legislative, judicial, administrative, or other governmental       1,634        

agency or official authorized to take evidence under oath, and     1,635        

includes any proceeding before a referee, hearing examiner,        1,636        

commissioner, notary, or other person taking testimony or a        1,637        

deposition in connection with an official proceeding.              1,638        

      (E)  "Detention" means arrest; confinement in any vehicle    1,640        

subsequent to an arrest; confinement in any PUBLIC OR PRIVATE      1,641        

facility for custody of persons charged with or convicted of       1,643        

crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE      1,644        

UNITED STATES or alleged or found to be a delinquent child or      1,646        

unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF   1,647        

THE UNITED STATES; hospitalization, institutionalization, or       1,648        

confinement in any PUBLIC OR PRIVATE facility that is ordered      1,650        

pursuant to or under the authority of section 2945.37, 2945.371,   1,651        

2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised    1,652        

Code; confinement in any vehicle for transportation to or from     1,654        

any facility of any of those natures; detention for extradition    1,655        

or deportation; except as provided in this division, supervision   1,656        

by any employee of any facility of any of those natures that is    1,657        

incidental to hospitalization, institutionalization, or            1,658        

confinement in the facility but that occurs outside the facility;  1,659        

or supervision by an employee of the department of rehabilitation  1,660        

and correction of a person on any type of release from a state                  

correctional institution.  For a person confined in a county jail  1,661        

who participates in a county jail industry program pursuant to     1,662        

section 5147.30 of the Revised Code, "detention" includes time     1,663        

spent at an assigned work site and going to and from the work      1,664        

site.                                                              1,665        

      (F)  "Detention facility" means any PUBLIC OR PRIVATE place  1,667        

used for the confinement of a person charged with or convicted of  1,669        

any crime IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF THE  1,670        

UNITED STATES or alleged or found to be a delinquent child or      1,672        

unruly child IN THIS STATE OR ANOTHER STATE OR UNDER THE LAWS OF   1,673        

THE UNITED STATES.                                                              

                                                          42     

                                                                 
      (G)  "Valuable thing or valuable benefit" includes, but is   1,675        

not limited to, a contribution.  This inclusion does not indicate  1,676        

or imply that a contribution was not included in those terms       1,677        

before September 17, 1986.                                         1,678        

      (H)  "Campaign committee," "contribution," "political        1,680        

action committee," "legislative campaign fund," and "political     1,682        

party" have the same meanings as in section 3517.01 of the         1,683        

Revised Code.                                                                   

      (I)  "Provider agreement" and "medical assistance program"   1,685        

have the same meanings as in section 2913.40 of the Revised Code.  1,686        

      Sec. 2929.13.  (A)  Except as provided in division (E),      1,696        

(F), or (G) of this section and unless a specific sanction is      1,697        

required to be imposed or is precluded from being imposed          1,698        

pursuant to law, a court that imposes a sentence upon an offender  1,699        

for a felony may impose any sanction or combination of sanctions   1,700        

on the offender that are provided in sections 2929.14 to 2929.18   1,701        

of the Revised Code.  The sentence shall not impose an             1,702        

unnecessary burden on state or local government resources.         1,703        

      If the offender is eligible to be sentenced to community     1,705        

control sanctions, the court shall consider the appropriateness    1,707        

of imposing a financial sanction pursuant to section 2929.18 of    1,708        

the Revised Code or a sanction of community service pursuant to    1,710        

section 2929.17 of the Revised Code as the sole sanction for the   1,711        

offense.  Except as otherwise provided in this division, if the    1,712        

court is required to impose a mandatory prison term for the        1,713        

offense for which sentence is being imposed, the court also may    1,714        

impose a financial sanction pursuant to section 2929.18 of the     1,715        

Revised Code but may not impose any additional sanction or         1,716        

combination of sanctions under section 2929.16 or 2929.17 of the   1,717        

Revised Code.                                                      1,718        

      If the offender is being sentenced for a fourth degree       1,720        

felony OMVI offense, in addition to the mandatory term of local    1,721        

incarceration or the mandatory prison term required for the        1,723        

offense by division (G)(1) or (2) of this section, the court       1,725        

                                                          43     

                                                                 
shall impose upon the offender a mandatory fine in accordance                   

with division (B)(3) of section 2929.18 of the Revised Code and    1,728        

may impose whichever of the following is applicable:                            

      (1)  If division (G)(1) of this section requires that the    1,730        

offender be sentenced to a mandatory term of local incarceration,  1,731        

an additional community control sanction or combination of         1,733        

community control sanctions under section 2929.16 or 2929.17 of    1,734        

the Revised Code;                                                  1,735        

      (2)  If division (G)(2) of this section requires that the    1,737        

offender be sentenced to a mandatory prison term, an additional    1,738        

prison term as described in division (D)(4) of section 2929.14 of  1,739        

the Revised Code.                                                               

      (B)(1)  Except as provided in division (B)(2), (E), (F), or  1,742        

(G) of this section, in sentencing an offender for a felony of     1,743        

the fourth or fifth degree, the sentencing court shall determine                

whether any of the following apply:                                1,745        

      (a)  In committing the offense, the offender caused          1,747        

physical harm to a person.                                         1,748        

      (b)  In committing the offense, the offender attempted to    1,751        

cause or made an actual threat of physical harm to a person with   1,752        

a deadly weapon.                                                                

      (c)  In committing the offense, the offender attempted to    1,755        

cause or made an actual threat of physical harm to a person, and   1,756        

the offender previously was convicted of an offense that caused    1,757        

physical harm to a person.                                                      

      (d)  The offender held a public office or position of trust  1,760        

and the offense related to that office or position; the                         

offender's position obliged the offender to prevent the offense    1,761        

or to bring those committing it to justice; or the offender's      1,762        

professional reputation or position facilitated the offense or     1,763        

was likely to influence the future conduct of others.              1,764        

      (e)  The offender committed the offense for hire or as part  1,766        

of an organized criminal activity.                                 1,767        

      (f)  The offense is a sex offense that is a fourth or fifth  1,770        

                                                          44     

                                                                 
degree felony violation of section 2907.03, 2907.04, 2907.05,      1,771        

2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the  1,772        

Revised Code.                                                                   

      (g)  The offender previously served a prison term.           1,774        

      (h)  The offender previously was subject to a community      1,776        

control sanction, and the offender committed another offense       1,778        

while under the sanction.                                                       

      (2)(a)  If the court makes a finding described in division   1,781        

(B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section    1,782        

and if the court, after considering the factors set forth in       1,783        

section 2929.12 of the Revised Code, finds that a prison term is   1,785        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code and finds that the    1,787        

offender is not amenable to an available community control         1,788        

sanction, the court shall impose a prison term upon the offender.  1,789        

      (b)  Except as provided in division (E), (F), or (G) of      1,791        

this section, if the court does not make a finding described in    1,793        

division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this   1,794        

section and if the court, after considering the factors set forth  1,795        

in section 2929.12 of the Revised Code, finds that a community     1,797        

control sanction or combination of community control sanctions is  1,799        

consistent with the purposes and principles of sentencing set                   

forth in section 2929.11 of the Revised Code, the court shall      1,802        

impose a community control sanction or combination of community    1,803        

control sanctions upon the offender.                               1,804        

      (C)  Except as provided in division (E) or (F) of this       1,807        

section, in determining whether to impose a prison term as a       1,808        

sanction for a felony of the third degree or a felony drug         1,809        

offense that is a violation of a provision of Chapter 2925. of     1,811        

the Revised Code and that is specified as being subject to this    1,814        

division for purposes of sentencing, the sentencing court shall    1,815        

comply with the purposes and principles of sentencing under        1,816        

section 2929.11 of the Revised Code and with section 2929.12 of    1,819        

the Revised Code.                                                               

                                                          45     

                                                                 
      (D)  Except as provided in division (E) or (F) of this       1,822        

section, for a felony of the first or second degree and for a      1,823        

felony drug offense that is a violation of any provision of        1,824        

Chapter 2925., 3719., or 4729. of the Revised Code for which a     1,825        

presumption in favor of a prison term is specified as being        1,826        

applicable, it is presumed that a prison term is necessary in      1,827        

order to comply with the purposes and principles of sentencing     1,828        

under section 2929.11 of the Revised Code.  Notwithstanding the    1,829        

presumption established under this division, the sentencing court  1,830        

may impose a community control sanction or a combination of        1,831        

community control sanctions instead of a prison term on an         1,832        

offender for a felony of the first or second degree or for a       1,833        

felony drug offense that is a violation of any provision of        1,834        

Chapter 2925., 3719., or 4729. of the Revised Code for which a                  

presumption in favor of a prison term is specified as being        1,835        

applicable if it makes both of the following findings:             1,837        

      (1)  A community control sanction or a combination of        1,839        

community control sanctions would adequately punish the offender   1,841        

and protect the public from future crime, because the applicable   1,842        

factors under section 2929.12 of the Revised Code indicating a     1,844        

lesser likelihood of recidivism outweigh the applicable factors    1,846        

under that section indicating a greater likelihood of recidivism.  1,848        

      (2)  A community control sanction or a combination of        1,850        

community control sanctions would not demean the seriousness of    1,852        

the offense, because one or more factors under section 2929.12 of  1,853        

the Revised Code that indicate that the offender's conduct was     1,854        

less serious than conduct normally constituting the offense are    1,855        

applicable, and they outweigh the applicable factors under that    1,856        

section that indicate that the offender's conduct was more         1,857        

serious than conduct normally constituting the offense.            1,858        

      (E)(1)  Except as provided in division (F) of this section,  1,861        

for any drug offense that is a violation of any provision of       1,862        

Chapter 2925. of the Revised Code and that is a felony of the      1,863        

third, fourth, or fifth degree, the applicability of a             1,864        

                                                          46     

                                                                 
presumption under division (D) of this section in favor of a       1,865        

prison term or of division (B) or (C) of this section in           1,866        

determining whether to impose a prison term for the offense shall  1,868        

be determined as specified in section 2925.02, 2925.03, 2925.04,   1,869        

2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or  1,870        

2925.37 of the Revised Code, whichever is applicable regarding     1,872        

the violation.                                                                  

      (2)  If an offender who was convicted of or pleaded guilty   1,874        

to a felony drug offense in violation of a provision of Chapter    1,875        

2925., 3719., or 4729. of the Revised Code violates the            1,876        

conditions of a community control sanction imposed for the         1,877        

offense solely by possession or using a controlled substance and   1,878        

if the offender has not failed to meet the conditions of any drug  1,879        

treatment program in which the offender was ordered to                          

participate as a sanction for the offense, the court, as           1,880        

punishment for the violation of the sanction, shall order that     1,881        

the offender participate in a drug treatment program or in         1,882        

alcoholics anonymous, narcotics anonymous, or a similar program    1,883        

if the court determines that an order of that nature is                         

consistent with the purposes and principles of sentencing set      1,884        

forth in section 2929.11 of the Revised Code.  If the court        1,885        

determines that an order of that nature would not be consistent    1,886        

with those purposes and principles or if the offender violated     1,887        

the conditions of a drug treatment program in which the offender   1,888        

participated as a sanction for the offense, the court may impose                

on the offender a sanction authorized for the violation of the     1,889        

sanction, including a prison term.                                 1,890        

      (F)  Notwithstanding divisions (A) to (E) of this section,   1,893        

the court shall impose a prison term or terms under sections       1,894        

2929.02 to 2929.06, section 2929.14, or section 2971.03 of the     1,895        

Revised Code and except as specifically provided in section        1,896        

2929.20 of the Revised Code or when parole is authorized for the   1,897        

offense under section 2967.13 of the Revised Code, shall not       1,898        

reduce the terms pursuant to section 2929.20, section 2967.193,    1,899        

                                                          47     

                                                                 
or any other provision of Chapter 2967. or Chapter 5120. of the    1,901        

Revised Code for any of the following offenses:                    1,902        

      (1)  Aggravated murder when death is not imposed or murder;  1,904        

      (2)  Any rape, regardless of whether force was involved and  1,906        

regardless of the age of the victim, or an attempt to commit rape  1,907        

by force when the victim is under thirteen years of age;           1,910        

      (3)  Gross sexual imposition or sexual battery, if the       1,912        

victim is under thirteen years of age, if the offender previously  1,914        

was convicted of or pleaded guilty to rape, the former offense of  1,915        

felonious sexual penetration, gross sexual imposition, or sexual   1,916        

battery, and if the victim of the previous offense was under       1,918        

thirteen years of age;                                                          

      (4)  A felony violation of section 2903.06, 2903.07, or      1,921        

2903.08 of the Revised Code if the section requires the                         

imposition of a prison term;                                       1,922        

      (5)  A first, second, or third degree felony drug offense    1,925        

for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,                  

2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or  1,926        

4729.99 of the Revised Code, whichever is applicable regarding     1,928        

the violation, requires the imposition of a mandatory prison       1,929        

term;                                                                           

      (6)  Any offense that is a first or second degree felony     1,931        

and that is not set forth in division (F)(1), (2), (3), or (4) of  1,933        

this section, if the offender previously was convicted of or                    

pleaded guilty to aggravated murder, murder, any first or second   1,935        

degree felony, or an offense under an existing or former law of    1,936        

this state, another state, or the United States that is or was     1,937        

substantially equivalent to one of those offenses;                              

      (7)  Any offense, other than a violation of section 2923.12  1,939        

of the Revised Code, that is a felony, if the offender had a       1,940        

firearm on or about the offender's person or under the offender's  1,941        

control while committing the felony, with respect to a portion of  1,942        

the sentence imposed pursuant to division (D)(1)(a) of section     1,944        

2929.14 of the Revised Code for having the firearm;                             

                                                          48     

                                                                 
      (8)  Corrupt activity in violation of section 2923.32 of     1,946        

the Revised Code when the most serious offense in the pattern of   1,948        

corrupt activity that is the basis of the offense is a felony of   1,949        

the first degree;                                                               

      (9)  Any sexually violent offense for which the offender     1,951        

also is convicted of or pleads guilty to a sexually violent        1,952        

predator specification that was included in the indictment, count  1,953        

in the indictment, or information charging the sexually violent    1,954        

offense;                                                                        

      (10)  A violation of division (A)(1) or (2) of section       1,956        

2921.36 of the Revised Code, or a violation of division (C) of     1,957        

that section involving an item listed in division (A)(1) or (2)    1,958        

of that section, if the offender is an officer or employee of the  1,959        

department of rehabilitation and correction.                                    

      (G)  Notwithstanding divisions (A) to (E) of this section,   1,962        

if an offender is being sentenced for a fourth degree felony OMVI  1,963        

offense, the court shall impose upon the offender a mandatory                   

term of local incarceration or a mandatory prison term in          1,964        

accordance with the following:                                     1,965        

      (1)  Except as provided in division (G)(2) of this section,  1,967        

the court shall impose upon the offender a mandatory term of       1,968        

local incarceration of sixty days as specified in division (A)(4)  1,969        

of section 4511.99 of the Revised Code and shall not reduce the    1,970        

term pursuant to section 2929.20, 2967.193, or any other           1,971        

provision of the Revised Code.  The court that imposes a           1,972        

mandatory term of local incarceration under this division shall    1,974        

specify whether the term is to be served in a jail, a              1,975        

community-based correctional facility, a halfway house, or an      1,976        

alternative residential facility, and the offender shall serve     1,977        

the term in the type of facility specified by the court.  The      1,978        

court shall not sentence the offender to a prison term and shall   1,979        

not specify that the offender is to serve the mandatory term of                 

local incarceration in prison.  A mandatory term of local          1,980        

incarceration imposed under division (G)(1) of this section is     1,981        

                                                          49     

                                                                 
not subject to extension under section 2967.11 of the Revised      1,982        

Code, to a period of post-release control under section 2967.28    1,983        

of the Revised Code, or to any other Revised Code provision that   1,984        

pertains to a prison term.                                                      

      (2)  If the offender previously has been sentenced to a      1,986        

mandatory term of local incarceration pursuant to division (G)(1)  1,987        

of this section for a fourth degree felony OMVI offense, the       1,988        

court shall impose upon the offender a mandatory prison term of    1,989        

sixty days as specified in division (A)(4) of section 4511.99 of   1,990        

the Revised Code and shall not reduce the term pursuant to         1,991        

section 2929.20, 2967.193, or any other provision of the Revised                

Code.  In no case shall an offender who once has been sentenced    1,992        

to a mandatory term of local incarceration pursuant to division    1,993        

(G)(1) of this section for a fourth degree felony OMVI offense be  1,994        

sentenced to another mandatory term of local incarceration under   1,995        

that division for a fourth degree felony OMVI offense.  The court  1,996        

shall not sentence the offender to a community control sanction    1,997        

under section 2929.16 or 2929.17 of the Revised Code.  The         1,998        

department of rehabilitation and correction may place an offender               

sentenced to a mandatory prison term under this division in an     1,999        

intensive program prison established pursuant to section 5120.033  2,000        

of the Revised Code if the department gave the sentencing judge    2,001        

prior notice of its intent to place the offender in an intensive   2,002        

program prison established under that section and if the judge     2,003        

did not notify the department that the judge disapproved the       2,004        

placement.  UPON THE ESTABLISHMENT OF THE INITIAL INTENSIVE                     

PROGRAM PRISON PURSUANT TO SECTION 5120.033 OF THE REVISED CODE    2,005        

THAT IS PRIVATELY OPERATED AND MANAGED BY A CONTRACTOR PURSUANT    2,006        

TO A CONTRACT ENTERED INTO UNDER SECTION 9.06 OF THE REVISED       2,007        

CODE, BOTH OF THE FOLLOWING APPLY:                                              

      (a)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   2,009        

MAKE A REASONABLE EFFORT TO ENSURE THAT A SUFFICIENT NUMBER OF     2,010        

OFFENDERS SENTENCED TO A MANDATORY PRISON TERM UNDER THIS          2,011        

DIVISION ARE PLACED IN THE PRIVATELY OPERATED AND MANAGED PRISON   2,012        

                                                          50     

                                                                 
SO THAT THE PRIVATELY OPERATED AND MANAGED PRISON HAS FULL         2,013        

OCCUPANCY.                                                                      

      (b)  UNLESS THE PRIVATELY OPERATED AND MANAGED PRISON HAS    2,015        

FULL OCCUPANCY, THE DEPARTMENT OF REHABILITATION AND CORRECTION    2,016        

SHALL NOT PLACE ANY OFFENDER SENTENCED TO A MANDATORY PRISON TERM  2,017        

UNDER THIS DIVISION IN ANY INTENSIVE PROGRAM PRISON ESTABLISHED    2,018        

PURSUANT TO SECTION 5120.033 OF THE REVISED CODE OTHER THAN THE    2,019        

PRIVATELY OPERATED AND MANAGED PRISON.                                          

      (H)  If an offender is being sentenced for a sexually        2,022        

oriented offense committed on or after the effective date of this  2,023        

amendment, the judge shall require the offender to submit to a                  

DNA specimen collection procedure pursuant to section 2901.07 of   2,024        

the Revised Code if either of the following applies:               2,026        

      (1)  The offense was a sexually violent offense, and the     2,028        

offender also was convicted of or pleaded guilty to a sexually     2,029        

violent predator specification that was included in the            2,030        

indictment, count in the indictment, or information charging the   2,031        

sexually violent offense.                                                       

      (2)  The judge imposing sentence for the sexually oriented   2,033        

offense determines pursuant to division (B) of section 2950.09 of  2,034        

the Revised Code that the offender is a sexual predator.           2,035        

      (I)  If an offender is being sentenced for a sexually        2,038        

oriented offense committed on or after the effective date of this  2,039        

amendment, the judge shall include in the sentence a summary of                 

the offender's duty to register pursuant to section 2950.04 of     2,040        

the Revised Code, the offender's duty to provide notice of a       2,041        

change in residence address and register the new residence         2,042        

address pursuant to section 2950.05 of the Revised Code, the       2,043        

offender's duty to periodically verify the offender's current                   

residence address pursuant to section 2950.06 of the Revised       2,044        

Code, and the duration of the duties.  The judge shall inform the  2,045        

offender, at the time of sentencing, of those duties and of their  2,046        

duration and, if required under division (A)(2) of section         2,047        

2950.03 of the Revised Code, shall perform the duties specified    2,048        

                                                          51     

                                                                 
in that section.                                                   2,049        

      Sec. 2945.47.  (A)(1)  AS USED IN THIS SECTION, "DETENTION   2,058        

FACILITY" HAS THE SAME MEANING AS IN SECTION 2921.01 OF THE        2,059        

REVISED CODE.                                                                   

      (2)  If it is necessary in a criminal proceeding before the  2,062        

court to procure the testimony of a person who is imprisoned in a  2,063        

workhouse, juvenile detention facility, jail, or state             2,064        

correctional institution within this state, or who is in the       2,065        

custody of the department of youth services, the court may                      

require that the person's testimony be taken by deposition         2,066        

pursuant to Criminal Rule 15 at the place of the person's          2,067        

confinement, if the person is not a defendant in the case and if   2,068        

the court determines that the interests of justice do not demand   2,069        

that the person be brought before the court for the presentation   2,070        

of his THE PERSON'S testimony.  All witnesses for the prosecution  2,072        

shall be brought before the court.  The defendant may waive any                 

right to compel the appearance of a person brought before the      2,073        

court pursuant to this division.                                   2,074        

      (B)  If SUBJECT TO DIVISION (C) OF THIS SECTION, IF it is    2,077        

necessary in a criminal proceeding before the court to procure     2,078        

the testimony of a person who is imprisoned in a workhouse, a      2,079        

juvenile detention facility, or a jail within this state, the      2,080        

court may order a subpoena to be issued, directed to the keeper    2,081        

of the institution, commanding him THE KEEPER to bring the         2,082        

prisoner named in the subpoena before the court.                                

      The keeper, upon receiving the subpoena, shall take the      2,084        

witness before the court at the time and place named in the        2,085        

subpoena, and hold him THE WITNESS until he THE WITNESS is         2,087        

discharged by the court.  When discharged, he THE WITNESS shall    2,088        

be returned in the custody of such officer to the place of                      

imprisonment from which he THE WITNESS was taken, and the officer  2,090        

may command any assistance that he THE OFFICER considers proper    2,091        

for the transportation of the witness.                                          

      (C)  If it is necessary in a criminal proceeding before the  2,093        

                                                          52     

                                                                 
court to procure the testimony of a person who is imprisoned in a  2,094        

state correctional institution within this state, or who is in     2,095        

the custody of the department of youth services, the court may     2,096        

order a subpoena to be issued directed to the sheriff of the       2,097        

county in which the indictment or grand jury proceeding is         2,098        

pending.  When a copy of the subpoena is presented by the sheriff  2,099        

to the warden or superintendent of a state correctional            2,100        

institution, or to the person in charge of the facility in which   2,101        

a juvenile is confined, he shall deliver the witness SHALL BE      2,102        

DELIVERED at the institution or facility to the sheriff who shall  2,103        

take him THE WITNESS before the court at the time and place named  2,104        

in the subpoena and hold him THE WITNESS until he THE WITNESS is   2,105        

discharged by the court.  When discharged, he THE WITNESS shall    2,106        

be returned in the custody of the sheriff to the place of          2,107        

imprisonment from which he THE WITNESS was taken.                  2,108        

      (D)  The court shall, in the manner provided in Chapter      2,110        

120. of the Revised Code, SHALL either assign counsel or           2,111        

designate a public defender to represent a juvenile subpoenaed as  2,112        

a witness under this section.  Compensation for assigned counsel   2,113        

shall be made pursuant to section 2941.51 of the Revised Code.     2,114        

      (E)  When a person's testimony is taken by deposition        2,116        

pursuant to division (A) of this section, the deposition shall be  2,117        

upon oral examination if either the prosecuting authority or the   2,118        

defendant who is taking the deposition requests that the           2,119        

deposition be upon oral examination, and may be videotaped if      2,120        

either the prosecuting authority or the defendant who is taking    2,121        

the deposition requests that it be recorded by means of            2,122        

videotape.                                                         2,123        

      The person requesting the testimony of the person whose      2,125        

deposition is taken pursuant to division (A) of this section       2,126        

shall pay the expense of taking the deposition, except that the    2,127        

court may tax the expense as court costs in appropriate cases.     2,128        

      Sec. 5120.033.  (A)  As used in this section, "fourth        2,137        

degree felony OMVI offense" has the same meaning as in section     2,139        

                                                          53     

                                                                 
2929.01 of the Revised Code.                                       2,140        

      (B)  Within eighteen months after the effective date of      2,143        

this section, the department of rehabilitation and correction                   

shall develop and implement intensive program prisons for male     2,144        

and female prisoners who are sentenced pursuant to division        2,145        

(G)(2) of section 2929.13 of the Revised Code to a mandatory       2,146        

prison term for a fourth degree felony OMVI offense.  THE          2,147        

DEPARTMENT SHALL CONTRACT PURSUANT TO SECTION 9.06 OF THE REVISED  2,148        

CODE FOR THE PRIVATE OPERATION AND MANAGEMENT OF THE INITIAL                    

INTENSIVE PROGRAM PRISON ESTABLISHED UNDER THIS SECTION AND MAY    2,149        

CONTRACT PURSUANT TO THAT SECTION FOR THE PRIVATE OPERATION AND    2,150        

MANAGEMENT OF ANY OTHER INTENSIVE PROGRAM PRISON ESTABLISHED       2,151        

UNDER THIS SECTION.  The intensive program prisons ESTABLISHED     2,152        

UNDER THIS SECTION shall include prisons that focus on             2,154        

educational achievement, vocational training, alcohol and other    2,155        

drug abuse treatment, community service and conservation work,     2,156        

and other intensive regimens or combinations of intensive          2,157        

regimens.                                                                       

      (C)  Except as provided in division (D) of this section,     2,160        

the department may place a prisoner who is sentenced to a                       

mandatory prison term for a fourth degree felony OMVI offense in   2,162        

an intensive program prison established pursuant to division (B)   2,163        

of this section if the sentencing judge, upon notification by the  2,164        

department of its intent to place the prisoner in an intensive     2,166        

program prison, does not notify the department that the judge      2,167        

disapproves the placement.  If the stated prison term imposed on   2,168        

a prisoner who is so placed is longer than the mandatory prison    2,169        

term that is required to be imposed on the prisoner, the           2,170        

department may reduce the stated prison term upon the prisoner's   2,171        

successful completion of the prisoner's mandatory prison term in   2,172        

an intensive program prison.  A prisoner whose term has been so    2,173        

reduced shall be required to serve an intermediate, transitional   2,174        

type of detention followed by a release under post-release         2,175        

control sanctions or, in the alternative, shall be placed under    2,176        

                                                          54     

                                                                 
post-release control sanctions, as described in division           2,177        

(B)(2)(b)(ii) of section 5120.031 of the Revised Code.  In either  2,178        

case, the placement under post-release control sanctions shall be  2,179        

under terms set by the parole board in accordance with section     2,180        

2967.28 of the Revised Code and shall be subject to the            2,181        

provisions of that section with respect to a violation of any      2,182        

post-release control sanction.  UPON THE ESTABLISHMENT OF THE                   

INITIAL INTENSIVE PROGRAM PRISON PURSUANT TO DIVISION (B) OF THIS  2,183        

SECTION THAT IS PRIVATELY OPERATED AND MANAGED BY A CONTRACTOR     2,184        

PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 9.06 OF THE      2,185        

REVISED CODE, THE DEPARTMENT SHALL COMPLY WITH DIVISIONS           2,186        

(G)(2)(a) AND (b) OF SECTION 2929.13 OF THE REVISED CODE IN        2,187        

PLACING PRISONERS IN INTENSIVE PROGRAM PRISONS UNDER THIS          2,188        

SECTION.                                                                        

      (D)  A prisoner who is sentenced to a mandatory prison term  2,190        

for a fourth degree felony OMVI offense is not eligible to         2,192        

participate in an intensive program prison established under       2,193        

division (B) of this section if any of the following applies                    

regarding the prisoner:                                            2,194        

      (1)  In addition to the mandatory prison term for the        2,196        

fourth degree felony OMVI offense, the prisoner also is serving a  2,197        

prison term of a type described in division (B)(2)(a), (b), or     2,198        

(c) of section 5120.032 of the Revised Code.                       2,199        

      (2)  The prisoner previously has been imprisoned for an      2,202        

offense of a type described in division (B)(2)(a) or (c) of        2,203        

section 5120.032 of the Revised Code or a comparable offense       2,204        

under the law in effect prior to July 1, 1996.                                  

      (E)  Intensive program prisons established under division    2,206        

(B) of this section are not subject to section 5120.032 of the     2,207        

Revised Code.                                                                   

      Section 2.  That existing sections 9.06, 103.73, 341.34,     2,209        

341.41, 753.21, 753.31, 2921.01, 2929.13, 2945.47, and 5120.033    2,210        

of the Revised Code are hereby repealed.                           2,211        

      Section 3.  Section 2929.13 of the Revised Code is           2,213        

                                                          55     

                                                                 
presented in this act as a composite of the section as amended by  2,214        

both Am. Sub. H.B. 32 and Am. Sub. S.B. 111 of the 122nd General   2,215        

Assembly, with the new language of neither of the acts shown in    2,217        

capital letters.  This is in recognition of the principle stated   2,218        

in division (B) of section 1.52 of the Revised Code that such      2,219        

amendments are to be harmonized where not substantively            2,220        

irreconcilable and constitutes a legislative finding that such is  2,221        

the resulting version in effect prior to the effective date of     2,222        

this act.                                                                       

      Section 4.  This act is hereby declared to be an emergency   2,224        

measure necessary for the immediate preservation of the public     2,225        

peace, health, and safety.  The reason for such necessity is that  2,226        

immediate action is crucial for the protection of Ohio residents   2,227        

from potential problems that might arise due to the housing of     2,228        

out-of-state prisoners in private detention facilities in Ohio.                 

Therefore, this act shall go into immediate effect.                2,229