As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 62 5
1999-2000 6
REPRESENTATIVES COUGHLIN-TIBERI-HOOD-EVANS-WOMER BENJAMIN- 8
MYERS-WILLAMOWSKI-JOLIVETTE-HAINES-BRADING-WINKLER-YOUNG- 9
SALERNO-CALVERT-HOOPS-CAREY-TERWILLEGER-AMSTUTZ-HARRIS- 10
METZGER-GRENDELL-MAIER 11
_________________________________________________________________ 12
A B I L L
To enact sections 5120.425, 5120.426, 5120.427, and 14
5120.428 of the Revised Code to regulate the 16
receipt and retention of specified inflammatory
materials and other types of materials by 18
prisoners in state correctional institutions. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 5120.425, 5120.426, 5120.427, and 22
5120.428 of the Revised Code be enacted to read as follows: 24
Sec. 5120.425. AS USED IN SECTIONS 5120.425 TO 5120.428 OF 26
THE REVISED CODE: 27
(A) "HEAD OF A STATE CORRECTIONAL INSTITUTION," 29
"PRISONER," AND "STATE CORRECTIONAL INSTITUTION" HAVE THE SAME 30
MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE. 33
(B) "MATERIAL" MEANS A PRERECORDED MAGNETIC AUDIO OR VIDEO 35
TAPE, BOOK, DRAWING, MAGAZINE, NEWSPAPER, PAMPHLET, POSTER, 36
PRINT, PHOTOGRAPH, OR OTHER SIMILAR PRINTED, WRITTEN, RECORDED, 37
OR OTHERWISE PRODUCED ITEM. 38
(C) "PROHIBITED INFLAMMATORY MATERIAL" MEANS A MATERIAL 40
THAT, IN THE DETERMINATION OF THE WARDEN OR THE WARDEN'S 42
DESIGNEE, IS DETRIMENTAL TO, OR POSES A THREAT TO, THE 43
REHABILITATION OF THE INMATES OR THE SECURITY, GOOD ORDER, OR 45
DISCIPLINE WITHIN OR ON THE GROUNDS OF THE INSTITUTION FOR ANY 46
REASON, INCLUDING, BUT NOT LIMITED TO, THAT IT IS MATERIAL WITH A 47
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SEXUALLY EXPLICIT NATURE.
(D) "PUBLICATION REVIEW COMMITTEE" MEANS THE COMMITTEE 50
CREATED BY THE DIRECTOR OF REHABILITATION AND CORRECTION PURSUANT 51
TO DIVISION (C) OF SECTION 5120.426 OF THE REVISED CODE. 52
(E) "WARDEN" MEANS THE HEAD OF A STATE CORRECTIONAL 54
INSTITUTION. 55
(F) "WARDEN'S DESIGNEE" MEANS A PERSON OR A PANEL OF 57
PERSONS DESIGNATED BY A WARDEN TO PERFORM A RESPONSIBILITY THAT 58
SECTIONS 5120.425 TO 5120.428 OF THE REVISED CODE GENERALLY 59
OTHERWISE IMPOSE UPON THE WARDEN. 60
Sec. 5120.426. (A) THE DIRECTOR OF REHABILITATION AND 62
CORRECTION SHALL ADOPT RULES, AND EACH WARDEN SHALL ADOPT 65
REGULATIONS THAT GOVERN THE FORM, MEDIUM, AND QUANTITY OF 66
MATERIALS THAT EACH PRISONER CONFINED IN THE WARDEN'S INSTITUTION 67
IS PERMITTED TO RECEIVE AND RETAIN. THOSE RULES AND REGULATIONS 68
SHALL BE CONSISTENT WITH SECTIONS 5120.425 TO 5120.428 OF THE 70
REVISED CODE. THE REGULATIONS ADOPTED BY THE WARDEN SHALL BE 71
CONSISTENT WITH THE RULES THAT THE DIRECTOR OF REHABILITATION AND 72
CORRECTION ADOPTS PURSUANT TO THIS DIVISION. 73
(B) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 75
ADOPT A RULE ESTABLISHING A STANDARD FOR DETERMINING WHETHER 76
MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL. IN ESTABLISHING 78
THE STANDARD FOR DETERMINING WHETHER MATERIAL IS A PROHIBITED 79
INFLAMMATORY MATERIAL, THE DIRECTOR SHALL CONSIDER ALL RELEVANT 80
INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE STANDARD 81
ESTABLISHED FOR MATERIAL THAT IS HARMFUL TO JUVENILES IN SECTION 82
2907.01 OF THE REVISED CODE; IN ESTABLISHING THE STANDARD UNDER 83
THIS DIVISION, THE DIRECTOR SHALL NOT BE GOVERNED OR LIMITED BY 84
THE STANDARD ESTABLISHED BY SECTION 2907.01 OF THE REVISED CODE.
(C) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 86
APPOINT A PUBLICATION REVIEW COMMITTEE OF ONE OR MORE PERSONS. 87
THE MEMBER OR MEMBERS OF THE COMMITTEE SHALL REVIEW WITHHOLDING 88
DETERMINATIONS PURSUANT TO SECTION 5120.428 OF THE REVISED CODE. 89
Sec. 5120.427. (A) EACH PRISONER CONFINED IN A STATE 91
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CORRECTIONAL INSTITUTION MAY RECEIVE A REASONABLE NUMBER OF 93
MATERIALS DIRECTLY FROM THE PUBLISHERS OR OTHER DISTRIBUTORS OF 94
THOSE MATERIALS. WITH THE PRIOR APPROVAL OF THE WARDEN OF THE 95
STATE CORRECTIONAL INSTITUTION IN WHICH A PRISONER IS CONFINED, 96
EACH PRISONER ALSO MAY RECEIVE A REASONABLE NUMBER OF MATERIALS 97
FROM A SOURCE OTHER THAN THE PUBLISHER OR OTHER DISTRIBUTOR OF 98
THOSE MATERIALS. 99
A PRISONER'S RECEIPT AND RETENTION OF MATERIALS IS SUBJECT 102
TO SECURITY INSPECTIONS CONDUCTED BY THE INSTITUTION IN WHICH THE
PRISONER IS CONFINED AND TO THE RULES AND REGULATIONS ADOPTED 104
PURSUANT TO SECTION 5120.426 OF THE REVISED CODE. SUBJECT TO A 106
CONTRARY DECISION WITH RESPECT TO A MATERIAL'S NATURE BY THE 107
PUBLICATION REVIEW COMMITTEE FOLLOWING A REVIEW PURSUANT TO
SECTION 5120.428 OF THE REVISED CODE, A PRISONER IS NOT ENTITLED 109
TO RECEIVE OR RETAIN ANY MATERIAL THAT A WARDEN OR THE WARDEN'S 110
DESIGNEE DETERMINES DURING THE COURSE OF A SECURITY INSPECTION TO 111
BE A PROHIBITED INFLAMMATORY MATERIAL. 112
(B)(1) FOR EACH STATE CORRECTIONAL INSTITUTION, THE WARDEN 115
OR THE WARDEN'S DESIGNEE SHALL INSPECT EACH INCOMING MATERIAL TO 118
DETERMINE WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY 119
MATERIAL OR ANOTHER TYPE OF MATERIAL. THE WARDEN OR THE WARDEN'S 121
DESIGNEE SHALL NOT DETERMINE A MATERIAL TO BE A PROHIBITED 122
INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A 123
PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE. 124
(2) IF THE WARDEN OR THE WARDEN'S DESIGNEE DETERMINES THAT 128
AN INCOMING MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL, 129
THE WARDEN OR THE WARDEN'S DESIGNEE SHALL CAUSE THE MATERIAL TO 131
BE PROMPTLY FORWARDED TO THE PRISONER WHO IS ITS INTENDED 132
RECIPIENT. IF THE WARDEN OR THE WARDEN'S DESIGNEE DETERMINES 133
THAT AN INCOMING MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, 134
THE WARDEN OR THE WARDEN'S DESIGNEE SHALL CAUSE THE MATERIAL TO 135
BE WITHHELD FROM THE PRISONER WHO IS ITS INTENDED RECIPIENT AND 137
PROMPTLY SHALL PROVIDE THAT PRISONER WITH A WRITTEN WITHHOLDING 138
NOTICE CONTAINING ALL OF THE FOLLOWING:
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(a) A GENERAL DESCRIPTION OF THE WITHHELD MATERIAL; 141
(b) THE REASON WHY THE MATERIAL HAS NOT BEEN FORWARDED TO 144
THE PRISONER;
(c) A STATEMENT OF THE PRISONER'S RIGHT UNDER DIVISION (A) 147
OF SECTION 5120.428 OF THE REVISED CODE TO HAVE THE PUBLICATION 148
REVIEW COMMITTEE REVIEW THE WITHHOLDING DECISION OF THE WARDEN OR 150
THE WARDEN'S DESIGNEE.
(3) WITHIN FIVE WORKING DAYS AFTER A PRISONER'S RECEIPT OF 153
THE WITHHOLDING NOTICE DESCRIBED IN DIVISION (B)(2) OF THIS 154
SECTION, THE PRISONER MAY SUBMIT TO THE WARDEN A WRITTEN REQUEST 156
FOR A REVIEW OF THE WITHHOLDING DECISION. IF THE PRISONER FAILS 157
TO SUBMIT A TIMELY WRITTEN REQUEST FOR A REVIEW OF THAT NATURE, 158
THE FAILURE SHALL CONSTITUTE THE PRISONER'S ACCEPTANCE OF THE 159
WITHHOLDING DECISION, AND THE WARDEN OR THE WARDEN'S DESIGNEE 161
SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN THE MANNER THAT THE 162
WARDEN OR THE WARDEN'S DESIGNEE CONSIDERED TO BE MOST APPROPRIATE 163
UNDER THE CIRCUMSTANCES. 164
Sec. 5120.428. (A) IF A PRISONER CONFINED IN A STATE 167
CORRECTIONAL INSTITUTION SUBMITS A TIMELY WRITTEN REVIEW REQUEST 168
UNDER DIVISION (B)(3) OF SECTION 5120.427 OF THE REVISED CODE, 169
THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE 170
PRISONER IS CONFINED OR THE WARDEN'S DESIGNEE PROMPTLY SHALL 173
FORWARD THE WITHHELD MATERIAL TO THE PUBLICATION REVIEW
COMMITTEE. AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE 174
WITHHELD MATERIAL, THE PUBLICATION REVIEW COMMITTEE SHALL REVIEW 178
THE MATERIAL TO DETERMINE WHETHER IT IS A PROHIBITED INFLAMMATORY 179
MATERIAL OR ANOTHER TYPE OF MATERIAL. 180
(B) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT 183
THE WITHHELD MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL, 184
THE COMMITTEE SHALL CAUSE THE WITHHELD MATERIAL TO BE PROMPTLY 187
FORWARDED TO THE PRISONER WHO REQUESTED THE REVIEW. 188
(C) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT 191
THE WITHHELD MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, THE 193
COMMITTEE SHALL FORWARD THE MATERIAL TO THE WARDEN OR THE 195
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WARDEN'S DESIGNEE FOR DISPOSAL IN THE MANNER THAT IT CONSIDERS TO 196
BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES. 197