As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 52  5            

      1997-1998                                                    6            


 SENATORS CARNES-OELSLAGER-WATTS-B. JOHNSON-WHITE-LATTA-GARDNER-   8            

    BLESSING-NEIN-DIX-RAY-GAETH-CUPP-REPRESENTATIVES JOHNSON-      9            

         JACOBSON-CAREY-VESPER-CATES-MEAD-FOX-CORE-PERZ-           10           

      DAMSCHRODER-LAWRENCE-THOMAS-KREBS-METZGER-REID-BUCHY-        11           

        MOTTLEY-MOTTL-WILSON-HAINES-TIBERI-OLMAN-HARRIS-           12           

               SALERNO-BRADING-ROMAN-PATTON-VERICH                 13           


                                                                   15           

                           A   B I L L                                          

             To amend sections 5107.02, 5115.03, 5120.17, and      17           

                5149.03 and to enact sections 3113.16, 5101.20,    18           

                5101.21, 5107.36, 5107.37, 5115.04, and 5120.37    19           

                of the Revised Code to deny eligibility for        20           

                certain public assistance to fugitive felons and   21           

                probation and parole violators; to require the     22           

                Department of Human Services to exchange data      23           

                with law enforcement agencies  concerning          24           

                fugitive felons and probation and parole           26           

                violators; to require the Department to provide    27           

                information regarding public  assistance           28           

                recipients to law enforcement agencies for         29           

                purposes of investigations, prosecutions, or       30           

                criminal or civil  proceedings; to require the     32           

                Department to exchange information  regarding      33           

                public assistance recipients with the Auditor of   35           

                State and other government  entities performing    36           

                similar functions; to require the Auditor of       37           

                State to  report certain information to the        39           

                Governor and the General Assembly;  to require     40           

                25% of all money earned by prisoners to be paid    42           

                to the state Department of  Human Services or a    43           

                county child support enforcement agency under      44           

                                                          2      

                                                                 
                certain  circumstances; to require the Department  46           

                of Rehabilitation and Correction to enter into     48           

                agreements  to share information with the          50           

                Department of Human Services; to permit  the       51           

                Department of Rehabilitation and Correction to     52           

                exchange psychiatric  hospitalization and mental   54           

                health records and information  with a county      55           

                sheriff's office; and to permit the Adult Parole   57           

                Authority to enter into an  agreement with a       58           

                person or government entity to share information,  59           

                personnel,  and services for certain purposes.     61           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        63           

      Section 1.  That sections 5107.02, 5115.03, 5120.17, and     66           

5149.03 be amended and sections 3113.16, 5101.20, 5101.21,         67           

5107.36, 5107.37, 5115.04, and 5120.37 of the Revised Code be      68           

enacted to read as follows:                                                     

      Sec. 3113.16.  (A)  AS USED IN THIS SECTION:                 70           

      (1)  "CHILD SUPPORT ORDER" HAS THE SAME MEANING AS IN        72           

SECTION 2301.373 OF THE REVISED CODE.                              73           

      (2)  "DEFAULT," "OBLIGOR," AND "OBLIGEE" HAVE THE SAME       75           

MEANINGS AS IN SECTION 2301.34 OF THE REVISED CODE.                76           

      (3)  "PRISON," "PRISON TERM," AND "JAIL" HAVE THE SAME       78           

MEANINGS AS IN SECTION 2929.01 OF THE REVISED CODE.                79           

      (B)  NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE,  82           

INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED CODE,        83           

TWENTY-FIVE PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION                    

5145.16 OR 5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON   86           

OR JAIL WHO HAS A DEPENDENT CHILD RECEIVING ASSISTANCE UNDER       88           

CHAPTER 5107. OF THE REVISED CODE, SHALL BE PAID TO THE STATE      89           

DEPARTMENT OF HUMAN SERVICES.                                      90           

      (C) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE,   93           

INCLUDING SECTIONS 5145.16 AND 5147.30 OF THE REVISED CODE, AND    94           

EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, TWENTY-FIVE    96           

                                                          3      

                                                                 
PER CENT OF ANY MONEY EARNED PURSUANT TO SECTION 5145.16 OR                     

5147.30 OF THE REVISED CODE BY A PRISONER IN A PRISON OR JAIL WHO  98           

IS AN OBLIGOR IN DEFAULT UNDER A CHILD SUPPORT ORDER ACCORDING TO  99           

THE RECORDS OF THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING  100          

THE ORDER, SHALL BE PAID TO THE AGENCY FOR DISTRIBUTION TO THE     101          

OBLIGEE UNDER THE ORDER PURSUANT TO SECTIONS 3111.23 TO 3111.28    102          

OR SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE.               103          

      Sec. 5101.20.  (A)  AS USED IN THIS SECTION:                 105          

      (1)  "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN      107          

SERVICES ESTABLISHED UNDER CHAPTER 329. OF THE REVISED CODE OR A   108          

PUBLIC CHILDREN SERVICES AGENCY, AS DEFINED IN SECTION 2151.011    109          

OF THE REVISED CODE.                                               110          

      (2)  "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO  112          

AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION,     113          

UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING,  114          

FOR A CRIME OR AN ATTEMPT TO COMMIT A CRIME THAT IS A FELONY       116          

UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING   117          

OR, IN THE CASE OF NEW JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF   118          

WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL    119          

PLACE OF RESIDENCE.                                                120          

      (3)  "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION       122          

149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT,    124          

AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED,    125          

ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN                        

SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON       127          

BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.                 128          

      (4)  "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY        131          

PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN        132          

SECTION 109.71 OF THE REVISED CODE, THE ADULT PAROLE AUTHORITY, A  133          

COUNTY DEPARTMENT OF PROBATION, A PROSECUTING ATTORNEY, THE        134          

ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW    136          

ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS.  "LAW ENFORCEMENT                  

AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT      137          

OFFICERS EMPLOYED BY THE AGENCY.                                   138          

                                                          4      

                                                                 
      (5)  "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE,         140          

MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM    141          

ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT   142          

TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE       144          

REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF  145          

THE REVISED CODE.                                                               

      (6)  "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR    147          

OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE.             149          

      (B)  THE STATE DEPARTMENT SHALL ENTER INTO WRITTEN           152          

AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR   153          

SHARE INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO        155          

ENABLE THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT  156          

AGENCIES TO DETERMINE WHETHER A RECIPIENT OR A MEMBER OF A         158          

RECIPIENT'S ASSISTANCE GROUP IS EITHER OF THE FOLLOWING:           159          

      (1)  A FUGITIVE FELON;                                       161          

      (2)  VIOLATING A CONDITION OF PROBATION, A COMMUNITY         163          

CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION       164          

IMPOSED UNDER STATE OR FEDERAL LAW.                                             

      (C)  THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE  167          

INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE UNDER A      168          

PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY                 

PURSUANT TO CHAPTER 5107. OR 5115. OF THE REVISED CODE TO LAW      169          

ENFORCEMENT AGENCIES ON REQUEST FOR THE PURPOSES OF                171          

INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS   172          

THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT AGENCIES'         173          

OFFICIAL DUTIES.                                                                

      (D)  TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE       175          

DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO             176          

INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER     177          

117. OR SECTIONS 5101.181 AND 5101.182 OF THE REVISED CODE AND TO  178          

ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO  179          

CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC                      

ASSISTANCE PROGRAM.                                                180          

      (E)  INFORMATION ABOUT A RECIPIENT SHALL BE EXCHANGED,       182          

                                                          5      

                                                                 
OBTAINED, OR SHARED ONLY IF THE STATE DEPARTMENT, COUNTY AGENCY,   184          

OR LAW ENFORCEMENT AGENCY REQUESTING THE INFORMATION GIVES         185          

SUFFICIENT INFORMATION TO SPECIFICALLY IDENTIFY THE RECIPIENT.     186          

IN ADDITION TO THE RECIPIENT'S NAME, IDENTIFYING INFORMATION MAY   187          

INCLUDE THE RECIPIENT'S CURRENT OR LAST KNOWN ADDRESS, SOCIAL                   

SECURITY NUMBER, OTHER IDENTIFYING NUMBER, AGE, GENDER, PHYSICAL   188          

CHARACTERISTICS, ANY INFORMATION SPECIFIED IN AN AGREEMENT         189          

ENTERED INTO UNDER DIVISION (B) OF THIS SECTION, OR ANY            190          

INFORMATION CONSIDERED APPROPRIATE BY THE DEPARTMENT OR AGENCY.    191          

      (F)(1)  THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES  193          

ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY,        194          

DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM    195          

THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISIONS (B), (C),  196          

AND (E) OF THIS SECTION.  THIS SECTION DOES NOT AFFECT ANY         198          

IMMUNITY OR DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS     200          

AND EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE      201          

REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION    203          

9.86 OF THE REVISED CODE.                                                       

      (2)  THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE  205          

IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO     206          

PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF       207          

INFORMATION IN ACCORDANCE WITH DIVISIONS (B), (C), AND (E) OF      208          

THIS SECTION.  "EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (B)  210          

OF SECTION 2744.01 OF THE REVISED CODE.  THIS SECTION DOES NOT     212          

AFFECT ANY IMMUNITY OR DEFENSE THAT THE COUNTY AGENCIES AND THEIR  213          

EMPLOYEES MAY BE ENTITLED TO UNDER  ANOTHER SECTION OF THE         214          

REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION    216          

2744.02 AND DIVISION (A)(6) OF SECTION 2744.03 OF THE REVISED      217          

CODE.                                                                           

      (G)  THE AUDITOR OF STATE SHALL PREPARE AN ANNUAL REPORT ON  220          

THE OUTCOME OF THE AGREEMENTS REQUIRED UNDER DIVISION (B) OF THIS  221          

SECTION.  THE REPORT SHALL INCLUDE THE NUMBER OF FUGITIVE FELONS   222          

AND PROBATION AND PAROLE VIOLATORS APPREHENDED DURING THE          223          

IMMEDIATELY PRECEDING YEAR AS A RESULT OF THE EXCHANGE OF          224          

                                                          6      

                                                                 
INFORMATION PURSUANT TO THAT DIVISION.  THE AUDITOR OF STATE       226          

SHALL FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND         227          

MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY        228          

LEADER OF THE HOUSE OF REPRESENTATIVES.  THE STATE DEPARTMENT,     229          

COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE      230          

WITH THE AUDITOR'S OFFICE IN GATHERING THE INFORMATION REQUIRED    231          

UNDER THIS DIVISION.                                                            

      Sec. 5101.21.  AN INDIVIDUAL OTHERWISE INELIGIBLE FOR AID    233          

UNDER CHAPTER 5107. OF THE REVISED CODE OR FOOD STAMPS BENEFITS    236          

UNDER THE "FOOD STAMP ACT OF 1977," 78 STAT. 703, 7 U.S.C. 2011,   241          

AS AMENDED, BECAUSE OF PARAGRAPH (a) OF SECTION 115 OF THE         242          

"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT   247          

OF 1996," 110 STAT. 2105, 21 U.S.C. 862a, IS ELIGIBLE FOR THE AID  250          

OR BENEFITS IF THE INDIVIDUAL MEETS ALL OTHER ELIGIBILITY          252          

REQUIREMENTS FOR THE AID OR BENEFITS.                                           

      Sec. 5107.02.  (A)  The department of human services shall:  261          

      (1)  Prepare and submit to the United States secretary of    263          

health and human services a plan for aid to dependent children;    264          

      (2)  Prescribe forms for applications, certificates,         266          

reports, records, and accounts of the county administration, and   267          

other matters;                                                     268          

      (3)  Make such reports, in such form and containing such     270          

information as the administration may find necessary to assure     271          

the correctness and verification of such reports;                  272          

      (4)  Require such reports and information from each county   274          

administration as may be necessary or advisable;                   275          

      (5)  Provide, by rules or otherwise, for putting into        277          

effect such methods of administration and procedure as are found   278          

by the administration or the department to be necessary to the     279          

efficient operation of the plan in the respective counties;        280          

      (6)  Afford a fair hearing to any individual entitled        282          

thereto under section 5107.05 of the Revised Code, in which case   283          

the finding and order of the department shall be final;            284          

      (7)  Administer and expend, pursuant to this chapter, any    286          

                                                          7      

                                                                 
sums appropriated by the general assembly for the purpose of this  287          

chapter and all sums paid to the state by the secretary of the     289          

treasury of the United States as authorized by Title IV-A of the   291          

"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as      293          

amended;                                                                        

      (8)  Conduct such investigations as are necessary;           295          

      (9)  Enter into reciprocal agreements with other states      297          

relative to the provision of aid to dependent children to          298          

residents and nonresidents;                                        299          

      (10)  Adopt rules establishing eligibility requirements for  301          

aid and the method of determining the amount of aid an assistance  302          

group may receive under this chapter.  The rules shall specify     303          

what is considered countable income for the purpose of             304          

determining financial eligibility and the amount of assistance an  305          

assistance group may receive under this chapter.  The rules shall  306          

be consistent with Title IV-A of the "Social Security Act,"        309          

regulations promulgated by and the plan for aid to dependent       310          

children approved by the United States secretary of health and     311          

human services under Title IV-A of that act, this chapter, and     312          

any other section of the Revised Code establishing conditions and  313          

requirements of aid under this chapter.                            315          

      (B)(1)  The department shall determine a minimum standard    317          

as of January 1, 1979, and shall update the minimum standard       318          

annually.  "Minimum standard" means the minimum amounts of income  319          

and resources necessary for persons to maintain health and         320          

decency.                                                           321          

      (2)  The department shall establish, by rule, a payment      323          

standard based on state appropriations that is the maximum amount  324          

of aid an assistance group may receive under this chapter.         325          

      (C)  For the purpose of investigations, any authorized       327          

representative of the department shall have access to all records  328          

and information bearing thereon.                                   329          

      The department may adopt reasonable rules governing the      331          

custody, use, and preservation of the records, papers, files, and  332          

                                                          8      

                                                                 
communications of the department, the county administration for    333          

aid to dependent children, and all other state and county          334          

officials participating in the administration of this chapter.     335          

Wherever names and addresses of recipients of aid to dependent     336          

children or applicants for such aid or any other disclosure of     337          

information concerning such recipients or applicants are           338          

furnished to or held by any other agency, department, or officer   339          

of government, such agency, department, or officer of government   340          

shall adopt rules necessary to prevent the publication of lists    341          

thereof or the disclosure of information concerning applicants     342          

and recipients or the use of such lists or information for         343          

purposes not directly connected with law enforcement or the        344          

administration of aid to dependent children.                       346          

      No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF   348          

THE DEPARTMENT for purposes directly connected with the            349          

administration of public assistance, and in accordance with the    351          

rules of the department OR AS REQUIRED BY SECTION 5101.20 OF THE   352          

REVISED CODE, NO PERSON SHALL solicit, disclose, receive, make     353          

use of, or authorize, knowingly permit, participate in, or         354          

acquiesce in the use of, any list of or names of, persons          355          

applying for or receiving such assistance, directly or indirectly  356          

derived from the records, papers, files, or communications of the  357          

department or county administrations or agencies thereof, or       358          

acquired in the course of the performance of official duties.      359          

      (D)  Each county administration shall comply with the        361          

rules, determinations, and orders of the department.               362          

      Sec. 5107.36.  AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE  364          

UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:               365          

      (A)  THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN        368          

SECTION 5101.20 OF THE REVISED CODE;                                            

      (B)  THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION,   370          

A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL    371          

SANCTION IMPOSED UNDER FEDERAL OR STATE LAW.                       372          

      Sec. 5107.37.  AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME,   374          

                                                          9      

                                                                 
CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE  375          

FOR ASSISTANCE UNDER THIS CHAPTER.                                 376          

      Sec. 5115.03.  (A)  The state department of human services   385          

shall do all of the following:                                     386          

      (1)  Adopt rules governing the administration of disability  388          

assistance, including the administration of financial assistance   389          

and disability assistance medical assistance.  The rules shall be  391          

binding on county departments of human services.                   392          

      (2)  Make investigations to determine whether disability     394          

assistance is being administered in compliance with the Revised    395          

Code and rules adopted by the state department.                    396          

      (3)  Administer disability assistance in a county where the  398          

county department of human services fails to perform the           399          

administrative functions required of it under section 5115.02 of   400          

the Revised Code.                                                  401          

      (B)  If the state department administers disability          403          

assistance in a county pursuant to division (A)(3) of this         404          

section, it may expend any local funds available for               405          

administration of disability assistance, and for a period not to   406          

exceed three months, if necessary, may pay the entire              407          

administrative cost of disability assistance in the county from    408          

state appropriations for disability assistance.  The county shall  409          

promptly reimburse the department for any funds spent by the       410          

state during any period the department administers disability      411          

assistance in the county.                                          412          

      (C)  The state department shall adopt rules in accordance    414          

with section 111.15 of the Revised Code governing the custody,     415          

use, and preservation of disability assistance records, papers,    416          

files, and communications of the state department, county          417          

departments, and all other state and county offices and officials  418          

participating in administration of disability assistance.  Each    419          

government entity that acquires or maintains records that include  420          

names of or other information about disability assistance          421          

applicants or recipients shall adopt such rules as are necessary   422          

                                                          10     

                                                                 
to prevent disclosure of the names or information except as        423          

required for LAW ENFORCEMENT OR administration of disability       424          

assistance or as required by other sections of the Revised Code.   425          

      Except for purposes directly connected with administration   427          

of disability assistance or as required by SECTION 5101.20 OR any  428          

other section of the Revised Code, no person shall solicit,        429          

disclose, receive, make use of, or knowingly permit, participate   430          

in, or acquiesce in the use of names or other information about    431          

disability assistance applicants or recipients that is derived     432          

from the records, papers, files, or communications of any          433          

government entity or acquired in the course of performing          434          

official duties.  Any use of names or other information about      435          

disability assistance applicants or recipients that is permitted   436          

by this division, OTHER THAN INFORMATION OBTAINED UNDER SECTION    437          

5101.20 OF THE REVISED CODE, shall be in accordance with the       438          

rules adopted by the state department.                             439          

      Sec. 5115.04.  AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE  441          

UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:               442          

      (A)  THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN        445          

SECTION 5101.20 OF THE REVISED CODE;                                            

      (B)  THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION,   447          

A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL    448          

SANCTION IMPOSED UNDER FEDERAL OR STATE LAW.                       449          

      Sec. 5120.17.  (A)  As used in this section:                 458          

      (1)  "Mental illness" means a substantial disorder of        460          

thought, mood, perception, orientation, or memory that grossly     461          

impairs judgment, behavior, capacity to recognize reality, or      462          

ability to meet the ordinary demands of life.                      463          

      (2)  "Mentally ill person subject to hospitalization" means  465          

a mentally ill person to whom any of the following applies         466          

because of the person's mental illness:                            467          

      (a)  The person represents a substantial risk of physical    469          

harm to the person as manifested by evidence of threats of, or     470          

attempts at, suicide or serious self-inflicted bodily harm.        471          

                                                          11     

                                                                 
      (b)  The person represents a substantial risk of physical    473          

harm to others as manifested by evidence of recent homicidal or    474          

other violent behavior, evidence of recent threats that place      475          

another in reasonable fear of violent behavior and serious         476          

physical harm, or other evidence of present dangerousness.         477          

      (c)  The person represents a substantial and immediate risk  479          

of serious physical impairment or injury to the person as          480          

manifested by evidence that the person is unable to provide for    481          

and is not providing for the person's basic physical needs         482          

because of the person's mental illness and that appropriate        483          

provision for those needs cannot be made immediately available in  485          

the community.                                                                  

      (d)  The person would benefit from treatment in a hospital   487          

for the person's mental illness and is in need of treatment in a   488          

hospital as manifested by evidence of behavior that creates a      489          

grave and imminent risk to substantial rights of others or the     490          

person.                                                                         

      (3)  "Psychiatric hospital" means a facility that is         492          

operated by the department of rehabilitation and correction, is    493          

designated as a psychiatric hospital, is licensed by the           494          

department of mental health pursuant to section 5119.20 of the     495          

Revised Code, and is in substantial compliance with the standards  497          

set by the joint commission on accreditation of healthcare         498          

organizations.                                                                  

      (4)  "Inmate patient" means an inmate who is admitted to a   500          

psychiatric hospital.                                              501          

      (5)  "Admitted" to a psychiatric hospital means being        503          

accepted for and staying at least one night at the psychiatric     504          

hospital.                                                          505          

      (6)  "Treatment plan" means a written statement of           507          

reasonable objectives and goals for an inmate patient that is      508          

based on the needs of the inmate patient and that is established   509          

by the treatment team, with the active participation of the        510          

inmate patient and with documentation of that participation.       511          

                                                          12     

                                                                 
"Treatment plan" includes all of the following:                    512          

      (a)  The specific criteria to be used in evaluating          514          

progress toward achieving the objectives and goals;                515          

      (b)  The services to be provided to the inmate patient       517          

during the inmate patient's hospitalization;                       518          

      (c)  The services to be provided to the inmate patient       520          

after discharge from the hospital, including, but not limited to,  521          

housing and mental health services provided at the state           522          

correctional institution to which the inmate patient returns       523          

after discharge or community mental health services.               524          

      (7)  "Mentally retarded person subject to                    526          

institutionalization by court order" has the same meaning as in    527          

section 5123.01 of the Revised Code.                               528          

      (B)(1)  If the warden of a state correctional institution    531          

believes that an inmate should be transferred from the             532          

institution to a psychiatric hospital, the department shall hold   533          

a hearing to determine whether the inmate is a mentally ill        534          

person subject to hospitalization.  The department shall conduct   535          

the hearing at the state correctional institution in which the     536          

inmate is confined, and the department shall provide qualified     537          

and independent assistance to the inmate for the hearing.  An      538          

independent decision-maker provided by the department shall        539          

preside at the hearing and determine whether the inmate is a       540          

mentally ill person subject to hospitalization.                                 

      (2)  Prior to the hearing held pursuant to division (B)(1)   542          

of this section, the warden shall give written notice to the       544          

inmate that the department is considering transferring the inmate  545          

to a psychiatric hospital, that it will hold a hearing on the      546          

proposed transfer at which the inmate may be present, that at the  547          

hearing the inmate has the rights described in division (B)(3) of  548          

this section, and that the department will provide qualified and   549          

independent assistance to the inmate with respect to the hearing.  551          

The department shall not hold the hearing until the inmate has                  

received written notice of the proposed transfer and has had       552          

                                                          13     

                                                                 
sufficient time to consult with the person appointed by the        553          

department to provide assistance to the inmate and to prepare for  555          

a presentation at the hearing.                                                  

      (3)  At the hearing held pursuant to division (B)(1) of      557          

this section, the department shall disclose to the inmate the      559          

evidence that it relies upon for the transfer and shall give the                

inmate an opportunity to be heard.  Unless the independent         561          

decision-maker finds good cause for not permitting it, the inmate  562          

may present documentary evidence and the testimony of witnesses    563          

at the hearing and may confront and cross-examine witnesses                     

called by the department.                                          564          

      (4)  If the independent decision-maker does not find clear   567          

and convincing evidence that the inmate is a mentally ill person   568          

subject to hospitalization, the department shall not transfer the  569          

inmate to a psychiatric hospital but shall continue to confine     570          

the inmate in the same state correctional institution or in        571          

another state correctional institution that the department                      

considers appropriate.  If the independent decision-maker finds    572          

clear and convincing evidence that the inmate is a mentally ill    573          

person subject to hospitalization, the decision-maker shall order  574          

that the inmate be transported to a psychiatric hospital for       575          

observation and treatment for a period of not longer than thirty   576          

days.  After the hearing, the independent decision-maker shall     579          

submit to the department a written decision that states one of     580          

the findings described in division (B)(4) of this section, the                  

evidence that the decision-maker relied on in reaching that        581          

conclusion, and, if the decision is that the inmate should be      582          

transferred, the reasons for the transfer.                         583          

      (5)  The director of rehabilitation and correction shall     585          

adopt rules setting forth guidelines for the procedures required   586          

under division (B) of this section.                                587          

      (C)(1)  If an independent decision-maker, pursuant to        589          

division (B)(4) of this section, orders an inmate transported to   590          

a psychiatric hospital, the staff of the psychiatric hospital      591          

                                                          14     

                                                                 
shall examine the inmate patient when admitted to the psychiatric  592          

hospital as soon as practicable after the inmate patient arrives   593          

at the hospital and no later than twenty-four hours after the      594          

time of arrival.  The attending physician responsible for the      595          

inmate patient's care shall give the inmate patient all            596          

information necessary to enable the patient to give a fully        597          

informed, intelligent, and knowing consent to the treatment the    598          

inmate patient will receive in the hospital.  The attending        599          

physician shall tell the inmate patient the expected physical and  600          

medical consequences of any proposed treatment and shall give the  601          

inmate patient the opportunity to consult with another             602          

psychiatrist at the hospital and with the inmate advisor.          603          

      (2)  No inmate patient who is transported to a psychiatric   605          

hospital pursuant to division (B)(4) of this section and who is    606          

in the physical custody of the department of rehabilitation and    607          

correction shall be subjected to any of the following procedures:  608          

      (a)  Convulsive therapy;                                     610          

      (b)  Major aversive interventions;                           612          

      (c)  Any unusually hazardous treatment procedures;           614          

      (d)  Psychosurgery.                                          616          

      (D)  The warden of the psychiatric hospital or the warden's  618          

designee shall ensure that an inmate patient hospitalized          619          

pursuant to this section receives or has all of the following:     620          

      (1)  Receives sufficient professional care within twenty     622          

days of admission to ensure that an evaluation of the inmate       623          

patient's current status, differential diagnosis, probable         624          

prognosis, and description of the current treatment plan have      625          

been formulated and are stated on the inmate patient's official    626          

chart;                                                                          

      (2)  Has a written treatment plan consistent with the        628          

evaluation, diagnosis, prognosis, and goals of treatment;          629          

      (3)  Receives treatment consistent with the treatment plan;  631          

      (4)  Receives periodic reevaluations of the treatment plan   633          

by the professional staff at intervals not to exceed thirty days;  634          

                                                          15     

                                                                 
      (5)  Is provided with adequate medical treatment for         636          

physical disease or injury;                                        637          

      (6)  Receives humane care and treatment, including, without  639          

being limited to, the following:                                   640          

      (a)  Access to the facilities and personnel required by the  643          

treatment plan;                                                                 

      (b)  A humane psychological and physical environment;        645          

      (c)  The right to obtain current information concerning the  648          

treatment program, the expected outcomes of treatment, and the     649          

expectations for the inmate patient's participation in the         650          

treatment program in terms that the inmate patient reasonably can  651          

understand;                                                                     

      (d)  Opportunity for participation in programs designed to   654          

help the inmate patient acquire the skills needed to work toward   655          

discharge from the psychiatric hospital;                                        

      (e)  The right to be free from unnecessary or excessive      658          

medication and from unnecessary restraints or isolation;           659          

      (f)  All other rights afforded inmates in the custody of     662          

the department consistent with rules, policy, and procedure of     663          

the department.                                                                 

      (E)  The department shall hold a hearing for the continued   665          

hospitalization of an inmate patient who is transported to a       666          

psychiatric hospital pursuant to division (B)(4) of this section   667          

prior to the expiration of the initial thirty-day period of        668          

hospitalization and, if necessary, at ninety-day intervals after   669          

the first hearing for continued hospitalization.  An independent   670          

decision-maker shall conduct the hearings at the psychiatric       671          

hospital in which the inmate patient is confined.  The inmate      672          

patient shall be afforded all of the rights set forth in this      673          

section for the hearing prior to transfer to the psychiatric       674          

hospital.  A hearing for continued commitment is mandatory, and    675          

neither the department nor the inmate patient may waive the                     

hearing.                                                           676          

      If upon completion of the hearing the independent            678          

                                                          16     

                                                                 
decision-maker does not find by clear and convincing evidence      679          

that the inmate patient is a mentally ill person subject to        680          

hospitalization, the independent decision-maker shall order the    681          

inmate patient's discharge from the psychiatric hospital.  If the  683          

independent decision-maker finds by clear and convincing evidence  684          

that the inmate patient is a mentally ill person subject to        685          

hospitalization, the decision-maker shall order that the inmate    686          

patient remain at the psychiatric hospital for another period not  687          

to exceed ninety days.                                                          

      If at any time prior to the expiration of the ninety-day     689          

period, the warden of the psychiatric hospital or the warden's     690          

designee determines that the treatment needs of the inmate         691          

patient could be met equally well in an available and appropriate  693          

less restrictive state correctional institution or unit, the       694          

warden or the warden's designee may discharge the inmate to that   695          

facility.                                                                       

      (F)  An inmate patient is entitled to the credits toward     697          

the reduction of the inmate patient's stated prison term pursuant  698          

to Chapters 2967. and 5120. of the Revised Code under the same     699          

terms and conditions as if the inmate patient were in any other    700          

institution of the department of rehabilitation and correction.    701          

      (G)  The adult parole authority may place an inmate patient  703          

on parole or under post-release control directly from a            704          

psychiatric hospital.                                                           

      (H)  If an inmate patient who is a mentally ill person       707          

subject to hospitalization is to be released from a psychiatric    708          

hospital because of the expiration of the inmate patient's stated  709          

prison term, the warden of the psychiatric hospital, at least      710          

fourteen days before the expiration date, may file an affidavit    711          

under section 5122.11 or 5123.71 of the Revised Code with the      712          

probate court in the county where the psychiatric hospital is      713          

located, alleging that the inmate patient is a mentally ill        714          

person subject to hospitalization by court order or a mentally     715          

retarded person subject to institutionalization by court order,    716          

                                                          17     

                                                                 
whichever is applicable.  The proceedings in the probate court     717          

shall be conducted pursuant to Chapter 5122. or 5123. of the       718          

Revised Code except as modified by this division.                  719          

      Upon the request of the inmate patient, the probate court    721          

shall grant the inmate patient an initial hearing under section    722          

5122.141 of the Revised Code or a probable cause hearing under     723          

section 5123.75 of the Revised Code before the expiration of the   725          

stated prison term.  After holding a full hearing, the probate     726          

court shall make a disposition authorized by section 5122.15 or    727          

5123.76 of the Revised Code before the date of the expiration of   728          

the stated prison term unless the court grants a continuance of    729          

the hearing at the request of the inmate patient or the inmate     730          

patient's counsel.  No inmate patient shall be held in the         731          

custody of the department of rehabilitation and correction past    732          

the date of the expiration of the inmate patient's stated prison   733          

term.                                                                           

      (I)  The department of rehabilitation and correction shall   736          

set standards for treatment provided to inmate patients,           737          

consistent where applicable with the standards set by the joint    738          

commission on accreditation of healthcare organizations.           739          

      (J)  A certificate, application, record, or report that is   742          

made in compliance with this section and that directly or          743          

indirectly identifies an inmate or former inmate whose             744          

hospitalization has been sought under this section is              745          

confidential.  No person shall disclose the contents of any        746          

certificate, application, record, or report of that nature unless  747          

one of the following applies:                                                   

      (1)  The person identified, or the person's legal guardian,  749          

if any, consents to disclosure, and the director of clinical       750          

services and psychiatry of the department of rehabilitation and    751          

correction determines that disclosure is in the best interests of  753          

the person.                                                                     

      (2)  Disclosure is required by a court order signed by a     755          

judge.                                                                          

                                                          18     

                                                                 
      (3)  An inmate patient seeks access to the inmate patient's  757          

own psychiatric and medical records, unless access is              758          

specifically restricted in the treatment plan for clear treatment  759          

reasons.                                                                        

      (4)  Hospitals and other institutions and facilities within  761          

the department of rehabilitation and correction may exchange       762          

psychiatric records and other pertinent information with other     763          

hospitals, institutions, and facilities of the department, but     764          

the information that may be released about an inmate patient is    765          

limited to medication history, physical health status and          766          

history, summary of course of treatment in the hospital, summary   767          

of treatment needs, and a discharge summary, if any.               768          

      (5)  An inmate patient's family member who is involved in    770          

planning, providing, and monitoring services to the inmate         771          

patient may receive medication information, a summary of the       772          

inmate patient's diagnosis and prognosis, and a list of the        773          

services and personnel available to assist the inmate patient and  775          

family if the attending physician determines that disclosure                    

would be in the best interest of the inmate patient.  No           776          

disclosure shall be made under this division unless the inmate     777          

patient is notified of the possible disclosure, receives the       778          

information to be disclosed, and does not object to the            779          

disclosure.                                                        780          

      (6)  The department of rehabilitation and correction may     782          

exchange psychiatric hospitalization records, other mental health  784          

treatment records, and other pertinent information with COUNTY                  

SHERIFFS' OFFICES, hospitals, institutions, and facilities of the  785          

department of mental health and with community mental health       787          

agencies and boards of alcohol, drug addiction, and mental health  788          

services with which the department of mental health has a current  789          

agreement for patient care or services to ensure continuity of     790          

care.  Disclosure under this division is limited to records        791          

regarding the inmate patient's medication history, physical        792          

health status and history, summary of course of treatment,         793          

                                                          19     

                                                                 
summary of treatment needs, and a discharge summary, if any.  No   794          

OFFICE, department, agency, or board shall disclose the records    796          

and other information unless one of the following applies:         797          

      (a)  The inmate patient is notified of the possible          799          

disclosure and consents to the disclosure.                         800          

      (b)  The inmate patient is notified of the possible          802          

disclosure, an attempt to gain the consent of the inmate is made,  804          

and the OFFICE, department, agency, or board documents the                      

attempt to gain consent, the inmate's objections, if any, and the  806          

reasons for disclosure in spite of the inmate's objections.        807          

      (7)  Information may be disclosed to staff members           809          

designated by the director of rehabilitation and correction for    810          

the purpose of evaluating the quality, effectiveness, and          811          

efficiency of services and determining if the services meet        812          

minimum standards.                                                 813          

      (K)  The name of an inmate patient shall not be retained     815          

with the information obtained during the evaluations.              816          

      Sec. 5120.37.  THE DEPARTMENT OF REHABILITATION AND          818          

CORRECTION SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF    819          

HUMAN SERVICES TO EXCHANGE OR SHARE INFORMATION MONTHLY            820          

CONCERNING PERSONS UNDER THE CONTROL OR SUPERVISION OF THE         822          

DEPARTMENT OF REHABILITATION AND CORRECTION.                       823          

      Sec. 5149.03.  The adult parole authority shall administer   832          

Chapter 5149. and the provisions of Chapter 2967., Chapter 2971.,  833          

and sections 2301.27 to 2301.32, 2941.46, 2951.05, 2951.06, and    834          

2951.08 of the Revised Code that impose duties upon the            835          

authority.                                                                      

      THE AUTHORITY MAY ENTER INTO A WRITTEN AGREEMENT WITH A      837          

PERSON OR GOVERNMENT ENTITY TO SHARE INFORMATION, PERSONNEL, AND   838          

SERVICES FOR ONE OR MORE OF THE FOLLOWING PURPOSES:  TRAINING,     839          

CRIME INTERDICTION, FUGITIVE APPREHENSION, AND COMMUNITY           840          

SUPERVISION.  THE AGREEMENT MAY PERMIT THE AUTHORITY TO ACT IN     841          

CONCERT WITH AND PROVIDE ASSISTANCE TO A LAW ENFORCEMENT AGENCY,   842          

AS DEFINED IN SECTION 5101.20 OF THE REVISED CODE, IN DETECTING,                

                                                          20     

                                                                 
TRACKING, APPREHENDING, OR DETAINING AN INDIVIDUAL SUBJECT TO      843          

ARREST.                                                                         

      Section 2.  That existing sections 5107.02, 5115.03,         846          

5120.17, and 5149.03 of the Revised Code are hereby repealed.                   

      Section 3.  Because the Temporary Assistance to Needy        848          

Families Program has replaced the Aid to Dependent Children        849          

Program pursuant to Executive Order 96-73V, signed September 13,   850          

1996, references to the Aid to Dependent Children Program in       851          

Section 1 of this act shall be deemed to refer to the Temporary                 

Assistance to Needy Families Program.                              852