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
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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;
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(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
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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
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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
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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
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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
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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
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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
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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
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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