As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 661 5
1999-2000 6
REPRESENTATIVES WINKLER-ALLEN-BARRETT-BRITTON-CLANCY- 8
HOLLISTER-MOTTLEY-O'BRIEN-PATTON-ROBINSON-ROMAN-SALERNO- 9
SULLIVAN-VAN VYVEN 10
_________________________________________________________________ 11
A B I L L
To enact sections 5120.65, 5120.651, 5120.652, 13
5120.653, 5120.654, 5120.655, 5120.656, 5120.657, 14
and 5120.658 of the Revised Code to permit the
Department of Rehabilitation and Correction to 16
establish a prison nursery program permitting
certain incarcerated women and the children born 17
to them while incarcerated to reside together in 18
an institution operated by the Department.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 5120.65, 5120.651, 5120.652, 22
5120.653, 5120.654, 5120.655, 5120.656, 5120.657, and 5120.658 of 23
the Revised Code be enacted to read as follows: 25
Sec. 5120.65. THE DEPARTMENT OF REHABILITATION AND 27
CORRECTION MAY ESTABLISH IN ONE OR MORE OF THE INSTITUTIONS FOR 29
WOMEN OPERATED BY THE DEPARTMENT A PRISON NURSERY PROGRAM UNDER 30
WHICH ELIGIBLE INMATES AND CHILDREN BORN TO THEM WHILE IN THE 31
CUSTODY OF THE DEPARTMENT MAY RESIDE TOGETHER IN THE INSTITUTION.
Sec. 5120.651. AN INMATE IS ELIGIBLE TO PARTICIPATE IN THE 33
PRISON NURSERY PROGRAM IF SHE IS PREGNANT AT THE TIME SHE IS 34
DELIVERED INTO THE CUSTODY OF THE DEPARTMENT OF REHABILITATION 35
AND CORRECTION, GIVES BIRTH ON OR AFTER THE DATE THE PROGRAM IS 36
IMPLEMENTED, IS SUBJECT TO A SENTENCE OF IMPRISONMENT OF NOT MORE 37
THAN EIGHTEEN MONTHS, AND SHE AND THE CHILD MEET ANY OTHER 38
CRITERIA ESTABLISHED BY THE DEPARTMENT. 39
2
Sec. 5120.652. TO PARTICIPATE IN THE PRISON NURSERY 41
PROGRAM, EACH ELIGIBLE INMATE SELECTED BY THE DEPARTMENT SHALL DO 42
ALL THE FOLLOWING:
(A) AGREE IN WRITING TO DO ALL THE FOLLOWING: 45
(1) COMPLY WITH ANY PROGRAM, EDUCATIONAL, COUNSELING, AND 47
OTHER REQUIREMENTS ESTABLISHED FOR THE PROGRAM BY THE DEPARTMENT 48
OF REHABILITATION AND CORRECTION; 50
(2) IF ELIGIBLE, HAVE THE CHILD PARTICIPATE IN THE 52
MEDICAID PROGRAM OR A HEALTH INSURANCE PROGRAM; 53
(3) ACCEPT THE NORMAL RISKS OF CHILD-REARING; 55
(4) RELEASE THE DEPARTMENT FROM LIABILITY FOR ANY INJURY, 57
DEATH, OR LOSS TO PERSON OR PROPERTY RESULTING FROM PARTICIPATION 58
IN THE PROGRAM; 59
(5) ABIDE BY ANY COURT DECISIONS REGARDING THE ALLOCATION 61
OF PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE 62
CHILD.
(B) ASSIGN TO THE DEPARTMENT ANY RIGHTS TO SUPPORT FROM 64
ANY OTHER PERSON, EXCLUDING SUPPORT ASSIGNED PURSUANT TO SECTION 65
5107.20 OF THE REVISED CODE AND MEDICAL SUPPORT ASSIGNED PURSUANT 66
TO SECTION 5101.59 OF THE REVISED CODE; 67
(C) SPECIFY WITH WHOM THE CHILD IS TO BE PLACED IN THE 69
EVENT THE INMATE'S PARTICIPATION IN THE PROGRAM IS TERMINATED FOR 70
A REASON OTHER THAN RELEASE FROM IMPRISONMENT. 71
Sec. 5120.653. AN INMATE'S PARTICIPATION IN THE PRISON 73
NURSERY PROGRAM MAY BE TERMINATED BY THE DEPARTMENT OF 74
REHABILITATION AND CORRECTION IF ONE OF THE FOLLOWING OCCURS: 75
(A) THE INMATE FAILS TO COMPLY WITH THE AGREEMENT ENTERED 77
INTO UNDER DIVISION (A) OF SECTION 5120.652 OF THE REVISED CODE. 79
(B) THE INMATE'S CHILD BECOMES SERIOUSLY ILL, CANNOT MEET 81
MEDICAL CRITERIA ESTABLISHED BY THE DEPARTMENT OF REHABILITATION 82
AND CORRECTION FOR THE PROGRAM, OR OTHERWISE CANNOT SAFELY 83
PARTICIPATE IN THE PROGRAM. 84
(C) AN ACTION IS BROUGHT TO DESIGNATE A PERSON OTHER THAN 86
THE INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL CUSTODIAN. 87
3
(D) AN ACTION IS BROUGHT PURSUANT TO DIVISION (A)(2) OF 89
SECTION 2151.23 OF THE REVISED CODE TO GRANT CUSTODY OF THE CHILD 91
TO A PERSON OTHER THAN THE INMATE. 92
(E) AN ORDER IS ISSUED PURSUANT TO SECTION 3109.04 OF THE 94
REVISED CODE GRANTING SHARED PARENTING OF THE CHILD. 96
(F) THE INMATE IS RELEASED FROM IMPRISONMENT. 98
Sec. 5120.654. THE RIGHTS TO SUPPORT ASSIGNED BY AN INMATE 100
PURSUANT TO SECTION 5120.652 OF THE REVISED CODE CONSTITUTE AN 102
OBLIGATION OF THE PERSON WHO IS RESPONSIBLE FOR PROVIDING THE 103
SUPPORT TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR 104
THE SUPPORT PROVIDED THE INMATE AND CHILD PURSUANT TO THE PRISON 105
NURSERY PROGRAM. THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT 106
OF JOB AND FAMILY SERVICES SHALL COLLECT SUPPORT PAYMENTS MADE 107
PURSUANT TO THE ASSIGNMENT AND FORWARD THEM TO THE INSTITUTION IN 108
WHICH THE INMATE IS INCARCERATED. THE MANAGING OFFICER OF THAT 110
INSTITUTION SHALL CAUSE THE PAYMENTS TO BE DEPOSITED IN THE 111
PRISON NURSERY PROGRAM FUND MAINTAINED FOR THE INSTITUTION UNDER 112
SECTION 5120.655 OF THE REVISED CODE.
THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY RECEIVE 114
MONEY ASSIGNED OR DONATED ON BEHALF OF INMATES AND CHILDREN 115
PARTICIPATING IN THE PROGRAM AND DEPOSIT THE MONEY IN THE 116
APPROPRIATE PRISON NURSERY PROGRAM FUND.
Sec. 5120.655. THE MANAGING OFFICER OF EACH INSTITUTION IN 118
WHICH A PRISON NURSERY PROGRAM IS ESTABLISHED PURSUANT TO SECTION 119
5120.65 OF THE REVISED CODE SHALL CREATE AND MAINTAIN A PRISON 120
NURSERY PROGRAM FUND TO PAY EXPENSES ASSOCIATED WITH THE PRISON 121
NURSERY PROGRAM.
Sec. 5120.656. NOTWITHSTANDING ANY OTHER PROVISION OF THE 123
REVISED CODE, NEITHER THE PRISON NURSERY PROGRAM NOR THE 124
DEPARTMENT OF REHABILITATION AND CORRECTION, WITH RESPECT TO THE 125
PROGRAM, IS SUBJECT TO ANY REGULATION, LICENSING, OR OVERSIGHT BY 127
THE DEPARTMENT OF JOB AND FAMILY SERVICES UNLESS THE DEPARTMENTS 128
AGREE TO VOLUNTARY REGULATION, LICENSING, OR OVERSIGHT BY THE 129
DEPARTMENT OF JOB AND FAMILY SERVICES. 130
4
Sec. 5120.657. IF THE DEPARTMENT OF REHABILITATION AND 132
CORRECTION ESTABLISHES THE PRISON NURSERY PROGRAM, IT SHALL, IN 133
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT RULES 135
THAT ESTABLISH REQUIREMENTS NECESSARY AND APPROPRIATE TO THE 136
ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF THE PROGRAM. 137
Sec. 5120.658. AS USED IN SECTIONS 5120.652 AND 5120.654 139
OF THE REVISED CODE, "SUPPORT" HAS THE SAME MEANING AS IN SECTION 141
3113.21 OF THE REVISED CODE.