As Reported by House Children and Family Services Committee 1
123rd General Assembly 4
Regular Session Sub. 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-SMITH-BOYD 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 AND ITS EMPLOYEES FROM 57
LIABILITY FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 59
RESULTING FROM PARTICIPATION IN THE PROGRAM; 60
(5) ABIDE BY ANY COURT DECISIONS REGARDING THE ALLOCATION 62
OF PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE 63
CHILD.
(B) ASSIGN TO THE DEPARTMENT ANY RIGHTS TO SUPPORT FROM 65
ANY OTHER PERSON, EXCLUDING SUPPORT ASSIGNED PURSUANT TO SECTION 66
5107.20 OF THE REVISED CODE AND MEDICAL SUPPORT ASSIGNED PURSUANT 67
TO SECTION 5101.59 OF THE REVISED CODE; 68
(C) SPECIFY WITH WHOM THE CHILD IS TO BE PLACED IN THE 70
EVENT THE INMATE'S PARTICIPATION IN THE PROGRAM IS TERMINATED FOR 71
A REASON OTHER THAN RELEASE FROM IMPRISONMENT. 72
Sec. 5120.653. AN INMATE'S PARTICIPATION IN THE PRISON 74
NURSERY PROGRAM MAY BE TERMINATED BY THE DEPARTMENT OF 75
REHABILITATION AND CORRECTION IF ONE OF THE FOLLOWING OCCURS: 76
(A) THE INMATE FAILS TO COMPLY WITH THE AGREEMENT ENTERED 78
INTO UNDER DIVISION (A) OF SECTION 5120.652 OF THE REVISED CODE. 80
(B) THE INMATE'S CHILD BECOMES SERIOUSLY ILL, CANNOT MEET 82
MEDICAL CRITERIA ESTABLISHED BY THE DEPARTMENT OF REHABILITATION 83
AND CORRECTION FOR THE PROGRAM, OR OTHERWISE CANNOT SAFELY 84
PARTICIPATE IN THE PROGRAM. 85
(C) AN ACTION IS BROUGHT TO DESIGNATE A PERSON OTHER THAN 87
THE INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL CUSTODIAN. 88
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(D) AN ACTION IS BROUGHT PURSUANT TO DIVISION (A)(2) OF 90
SECTION 2151.23 OF THE REVISED CODE TO GRANT CUSTODY OF THE CHILD 92
TO A PERSON OTHER THAN THE INMATE. 93
(E) AN ORDER IS ISSUED PURSUANT TO SECTION 3109.04 OF THE 95
REVISED CODE GRANTING SHARED PARENTING OF THE CHILD. 97
(F) AN ORDER OF DISPOSITION REGARDING THE CHILD IS ISSUED 100
PURSUANT TO DIVISION (A)(2), (3), OR (4) OF SECTION 2151.353 OF 101
THE REVISED CODE GRANTING TEMPORARY, PERMANENT, OR LEGAL CUSTODY 102
OF THE CHILD TO A PERSON, OTHER THAN THE INMATE, OR TO A PUBLIC 103
CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY;
(G) THE INMATE IS RELEASED FROM IMPRISONMENT. 105
Sec. 5120.654. (A) FOR PURPOSES OF THIS SECTION, "PUBLIC 108
ASSISTANCE" HAS THE SAME MEANING AS IN SECTION 5101.58 OF THE 109
REVISED CODE.
(B) THE RIGHTS TO SUPPORT ASSIGNED BY AN INMATE PURSUANT 112
TO SECTION 5120.652 OF THE REVISED CODE CONSTITUTE AN OBLIGATION 114
OF THE PERSON WHO IS RESPONSIBLE FOR PROVIDING THE SUPPORT TO THE 115
DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE SUPPORT 116
PROVIDED THE INMATE AND CHILD PURSUANT TO THE PRISON NURSERY 117
PROGRAM. THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF JOB 118
AND FAMILY SERVICES SHALL COLLECT SUPPORT PAYMENTS MADE PURSUANT 119
TO THE ASSIGNMENT AND FORWARD THEM TO THE DEPARTMENT OF
REHABILITATION AND CORRECTION. 120
(C) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 122
RECEIVE THE FOLLOWING: 123
(1) MONEY THAT IS ASSIGNED OR DONATED ON BEHALF OF, AND 125
PUBLIC ASSISTANCE PROVIDED TO, A SPECIFIC INMATE OR CHILD 126
PARTICIPATING IN THE PRISON NURSERY PROGRAM; 127
(2) MONEY ASSIGNED OR DONATED TO ESTABLISH AND MAINTAIN 129
THE PRISON NURSERY PROGRAM. 130
(D) THE AMOUNTS DESCRIBED IN DIVISION (C)(1) OF THIS 132
SECTION SHALL BE PLACED IN THE INDIVIDUAL NURSERY ACCOUNT CREATED 134
AND MAINTAINED UNDER SECTION 5120.655 OF THE REVISED CODE FOR THE 136
INMATE AND CHILD FOR WHOM THE MONEY WAS RECEIVED. THE MONEY 137
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DESCRIBED IN DIVISION (C)(2) OF THIS SECTION SHALL BE DEPOSITED 138
IN THE APPROPRIATE PRISON NURSERY PROGRAM FUND. 139
Sec. 5120.655. THE MANAGING OFFICER OF EACH INSTITUTION IN 141
WHICH A PRISON NURSERY PROGRAM IS ESTABLISHED PURSUANT TO SECTION 142
5120.65 OF THE REVISED CODE SHALL DO THE FOLLOWING: 143
(A) CREATE AND MAINTAIN A PRISON NURSERY PROGRAM FUND TO 146
PAY EXPENSES ASSOCIATED WITH THE PRISON NURSERY PROGRAM; 147
(B) CREATE AND MAINTAIN AN INDIVIDUAL NURSERY ACCOUNT FOR 149
EACH INMATE PARTICIPATING IN THE PRISON NURSERY PROGRAM AT THE 150
INSTITUTION TO HELP PAY FOR THE SUPPORT PROVIDED TO THE INMATE 152
AND CHILD PURSUANT TO THE PROGRAM.
Sec. 5120.656. NOTWITHSTANDING ANY OTHER PROVISION OF THE 154
REVISED CODE, NEITHER THE PRISON NURSERY PROGRAM NOR THE 155
DEPARTMENT OF REHABILITATION AND CORRECTION, WITH RESPECT TO THE 156
PROGRAM, IS SUBJECT TO ANY REGULATION, LICENSING, OR OVERSIGHT BY 158
THE DEPARTMENT OF JOB AND FAMILY SERVICES UNLESS THE DEPARTMENTS 159
AGREE TO VOLUNTARY REGULATION, LICENSING, OR OVERSIGHT BY THE 160
DEPARTMENT OF JOB AND FAMILY SERVICES. 161
Sec. 5120.657. IF THE DEPARTMENT OF REHABILITATION AND 163
CORRECTION ESTABLISHES THE PRISON NURSERY PROGRAM, IT SHALL, IN 164
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT RULES 166
THAT ESTABLISH REQUIREMENTS NECESSARY AND APPROPRIATE TO THE 167
ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF THE PROGRAM. THE 168
DEPARTMENT SHALL ADOPT THE RULES PRIOR TO IMPLEMENTING THE
PROGRAM. 169
Sec. 5120.658. AS USED IN SECTIONS 5120.652 AND 5120.654 171
OF THE REVISED CODE, "SUPPORT" HAS THE SAME MEANING AS IN SECTION 173
3113.21 OF THE REVISED CODE.