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
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(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
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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
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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
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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
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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
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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
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(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
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"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
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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
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(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