As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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-SENATORS LATTA-DRAKE-SPADA 11
_________________________________________________________________ 13
A B I L L
To enact sections 5120.425, 5120.426, 5120.427, and 15
5120.428 of the Revised Code to regulate the 17
receipt and retention of specified inflammatory
materials and other types of materials by 19
prisoners in state correctional institutions. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 5120.425, 5120.426, 5120.427, and 23
5120.428 of the Revised Code be enacted to read as follows: 25
Sec. 5120.425. AS USED IN SECTIONS 5120.425 TO 5120.428 OF 27
THE REVISED CODE: 28
(A) "HEAD OF A STATE CORRECTIONAL INSTITUTION," 30
"PRISONER," AND "STATE CORRECTIONAL INSTITUTION" HAVE THE SAME 31
MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE. 34
(B) "MATERIAL" MEANS A PRERECORDED MAGNETIC AUDIO OR VIDEO 36
TAPE, BOOK, DRAWING, MAGAZINE, NEWSPAPER, PAMPHLET, POSTER, 37
PRINT, PHOTOGRAPH, OR OTHER SIMILAR PRINTED, WRITTEN, RECORDED, 38
OR OTHERWISE PRODUCED ITEM. 39
(C) "PROHIBITED INFLAMMATORY MATERIAL" MEANS A MATERIAL 41
THAT, IN THE DETERMINATION OF THE WARDEN OR THE WARDEN'S 43
DESIGNEE, IS DETRIMENTAL TO, OR POSES A THREAT TO, THE 44
REHABILITATION OF THE INMATES OR THE SECURITY, GOOD ORDER, OR 46
DISCIPLINE WITHIN OR ON THE GROUNDS OF THE INSTITUTION FOR ANY 47
REASON, INCLUDING, BUT NOT LIMITED TO, THAT IT IS MATERIAL WITH A 48
2
SEXUALLY EXPLICIT NATURE.
(D) "PUBLICATION REVIEW COMMITTEE" MEANS THE COMMITTEE 51
CREATED BY THE DIRECTOR OF REHABILITATION AND CORRECTION PURSUANT 52
TO DIVISION (C) OF SECTION 5120.426 OF THE REVISED CODE. 53
(E) "WARDEN" MEANS THE HEAD OF A STATE CORRECTIONAL 55
INSTITUTION. 56
(F) "WARDEN'S DESIGNEE" MEANS A PERSON OR A PANEL OF 58
PERSONS DESIGNATED BY A WARDEN TO PERFORM A RESPONSIBILITY THAT 59
SECTIONS 5120.425 TO 5120.428 OF THE REVISED CODE GENERALLY 60
OTHERWISE IMPOSE UPON THE WARDEN. 61
Sec. 5120.426. (A) THE DIRECTOR OF REHABILITATION AND 63
CORRECTION SHALL ADOPT RULES, AND EACH WARDEN SHALL ADOPT 66
REGULATIONS THAT GOVERN THE FORM, MEDIUM, AND QUANTITY OF 67
MATERIALS THAT EACH PRISONER CONFINED IN THE WARDEN'S INSTITUTION 68
IS PERMITTED TO RECEIVE AND RETAIN. THOSE RULES AND REGULATIONS 69
SHALL BE CONSISTENT WITH SECTIONS 5120.425 TO 5120.428 OF THE 71
REVISED CODE. THE REGULATIONS ADOPTED BY THE WARDEN SHALL BE 72
CONSISTENT WITH THE RULES THAT THE DIRECTOR OF REHABILITATION AND 73
CORRECTION ADOPTS PURSUANT TO THIS DIVISION. 74
(B) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 76
ADOPT A RULE ESTABLISHING A STANDARD FOR DETERMINING WHETHER 77
MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL. IN ESTABLISHING 79
THE STANDARD FOR DETERMINING WHETHER MATERIAL IS A PROHIBITED 80
INFLAMMATORY MATERIAL, THE DIRECTOR SHALL CONSIDER ALL RELEVANT 81
INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE STANDARD 82
ESTABLISHED FOR MATERIAL THAT IS HARMFUL TO JUVENILES IN SECTION 83
2907.01 OF THE REVISED CODE; IN ESTABLISHING THE STANDARD UNDER 84
THIS DIVISION, THE DIRECTOR SHALL NOT BE GOVERNED OR LIMITED BY 85
THE STANDARD ESTABLISHED BY SECTION 2907.01 OF THE REVISED CODE.
(C) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 87
APPOINT A PUBLICATION REVIEW COMMITTEE OF ONE OR MORE PERSONS. 88
THE MEMBER OR MEMBERS OF THE COMMITTEE SHALL REVIEW WITHHOLDING 89
DETERMINATIONS PURSUANT TO SECTION 5120.428 OF THE REVISED CODE. 90
Sec. 5120.427. (A) EACH PRISONER CONFINED IN A STATE 92
3
CORRECTIONAL INSTITUTION MAY RECEIVE A REASONABLE NUMBER OF 94
MATERIALS DIRECTLY FROM THE PUBLISHERS OR OTHER DISTRIBUTORS OF 95
THOSE MATERIALS. WITH THE PRIOR APPROVAL OF THE WARDEN OF THE 96
STATE CORRECTIONAL INSTITUTION IN WHICH A PRISONER IS CONFINED, 97
EACH PRISONER ALSO MAY RECEIVE A REASONABLE NUMBER OF MATERIALS 98
FROM A SOURCE OTHER THAN THE PUBLISHER OR OTHER DISTRIBUTOR OF 99
THOSE MATERIALS. 100
A PRISONER'S RECEIPT AND RETENTION OF MATERIALS IS SUBJECT 103
TO SECURITY INSPECTIONS CONDUCTED BY THE INSTITUTION IN WHICH THE
PRISONER IS CONFINED AND TO THE RULES AND REGULATIONS ADOPTED 105
PURSUANT TO SECTION 5120.426 OF THE REVISED CODE. SUBJECT TO A 107
CONTRARY DECISION WITH RESPECT TO A MATERIAL'S NATURE BY THE 108
PUBLICATION REVIEW COMMITTEE FOLLOWING A REVIEW PURSUANT TO
SECTION 5120.428 OF THE REVISED CODE, A PRISONER IS NOT ENTITLED 110
TO RECEIVE OR RETAIN ANY MATERIAL THAT A WARDEN OR THE WARDEN'S 111
DESIGNEE DETERMINES DURING THE COURSE OF A SECURITY INSPECTION TO 112
BE A PROHIBITED INFLAMMATORY MATERIAL. 113
(B)(1) FOR EACH STATE CORRECTIONAL INSTITUTION, THE WARDEN 116
OR THE WARDEN'S DESIGNEE SHALL INSPECT EACH INCOMING MATERIAL TO 119
DETERMINE WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY 120
MATERIAL OR ANOTHER TYPE OF MATERIAL. THE WARDEN OR THE WARDEN'S 122
DESIGNEE SHALL NOT DETERMINE A MATERIAL TO BE A PROHIBITED 123
INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A 124
PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE. 125
(2) IF THE WARDEN OR THE WARDEN'S DESIGNEE DETERMINES THAT 129
AN INCOMING MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL, 130
THE WARDEN OR THE WARDEN'S DESIGNEE SHALL CAUSE THE MATERIAL TO 132
BE PROMPTLY FORWARDED TO THE PRISONER WHO IS ITS INTENDED 133
RECIPIENT. IF THE WARDEN OR THE WARDEN'S DESIGNEE DETERMINES 134
THAT AN INCOMING MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, 135
THE WARDEN OR THE WARDEN'S DESIGNEE SHALL CAUSE THE MATERIAL TO 136
BE WITHHELD FROM THE PRISONER WHO IS ITS INTENDED RECIPIENT AND 138
PROMPTLY SHALL PROVIDE THAT PRISONER WITH A WRITTEN WITHHOLDING 139
NOTICE CONTAINING ALL OF THE FOLLOWING:
4
(a) A GENERAL DESCRIPTION OF THE WITHHELD MATERIAL; 142
(b) THE REASON WHY THE MATERIAL HAS NOT BEEN FORWARDED TO 145
THE PRISONER;
(c) A STATEMENT OF THE PRISONER'S RIGHT UNDER DIVISION (A) 148
OF SECTION 5120.428 OF THE REVISED CODE TO HAVE THE PUBLICATION 149
REVIEW COMMITTEE REVIEW THE WITHHOLDING DECISION OF THE WARDEN OR 151
THE WARDEN'S DESIGNEE.
(3) WITHIN FIVE WORKING DAYS AFTER A PRISONER'S RECEIPT OF 154
THE WITHHOLDING NOTICE DESCRIBED IN DIVISION (B)(2) OF THIS 155
SECTION, THE PRISONER MAY SUBMIT TO THE WARDEN A WRITTEN REQUEST 157
FOR A REVIEW OF THE WITHHOLDING DECISION. IF THE PRISONER FAILS 158
TO SUBMIT A TIMELY WRITTEN REQUEST FOR A REVIEW OF THAT NATURE, 159
THE FAILURE SHALL CONSTITUTE THE PRISONER'S ACCEPTANCE OF THE 160
WITHHOLDING DECISION, AND THE WARDEN OR THE WARDEN'S DESIGNEE 162
SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN THE MANNER THAT THE 163
WARDEN OR THE WARDEN'S DESIGNEE CONSIDERED TO BE MOST APPROPRIATE 164
UNDER THE CIRCUMSTANCES. 165
Sec. 5120.428. (A) IF A PRISONER CONFINED IN A STATE 168
CORRECTIONAL INSTITUTION SUBMITS A TIMELY WRITTEN REVIEW REQUEST 169
UNDER DIVISION (B)(3) OF SECTION 5120.427 OF THE REVISED CODE, 170
THE WARDEN OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE 171
PRISONER IS CONFINED OR THE WARDEN'S DESIGNEE PROMPTLY SHALL 174
FORWARD THE WITHHELD MATERIAL TO THE PUBLICATION REVIEW
COMMITTEE. AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE 175
WITHHELD MATERIAL, THE PUBLICATION REVIEW COMMITTEE SHALL REVIEW 179
THE MATERIAL TO DETERMINE WHETHER IT IS A PROHIBITED INFLAMMATORY 180
MATERIAL OR ANOTHER TYPE OF MATERIAL. 181
(B) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT 184
THE WITHHELD MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL, 185
THE COMMITTEE SHALL CAUSE THE WITHHELD MATERIAL TO BE PROMPTLY 188
FORWARDED TO THE PRISONER WHO REQUESTED THE REVIEW. 189
(C) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT 192
THE WITHHELD MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, THE 194
COMMITTEE SHALL FORWARD THE MATERIAL TO THE WARDEN OR THE 196
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WARDEN'S DESIGNEE FOR DISPOSAL IN THE MANNER CONSIDERED TO BE 197
MOST APPROPRIATE UNDER THE CIRCUMSTANCES. 198