As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-JONES-BENDER-ROBERTS- 11
R. MILLER-MEAD-TERWILLEGER-BRADING-FORD
_________________________________________________________________ 12
A B I L L
To enact sections 5120.65, 5120.651, 5120.652, 14
5120.653, 5120.654, 5120.655, 5120.656, 5120.657, 15
and 5120.658 of the Revised Code to permit the
Department of Rehabilitation and Correction to 17
establish a prison nursery program permitting
certain incarcerated women and the children born 18
to them while incarcerated to reside together in 19
an institution operated by the Department.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 5120.65, 5120.651, 5120.652, 23
5120.653, 5120.654, 5120.655, 5120.656, 5120.657, and 5120.658 of 24
the Revised Code be enacted to read as follows: 26
Sec. 5120.65. THE DEPARTMENT OF REHABILITATION AND 28
CORRECTION MAY ESTABLISH IN ONE OR MORE OF THE INSTITUTIONS FOR 30
WOMEN OPERATED BY THE DEPARTMENT A PRISON NURSERY PROGRAM UNDER 31
WHICH ELIGIBLE INMATES AND CHILDREN BORN TO THEM WHILE IN THE 32
CUSTODY OF THE DEPARTMENT MAY RESIDE TOGETHER IN THE INSTITUTION.
Sec. 5120.651. AN INMATE IS ELIGIBLE TO PARTICIPATE IN THE 34
PRISON NURSERY PROGRAM IF SHE IS PREGNANT AT THE TIME SHE IS 35
DELIVERED INTO THE CUSTODY OF THE DEPARTMENT OF REHABILITATION 36
AND CORRECTION, GIVES BIRTH ON OR AFTER THE DATE THE PROGRAM IS 37
IMPLEMENTED, IS SUBJECT TO A SENTENCE OF IMPRISONMENT OF NOT MORE 38
THAN EIGHTEEN MONTHS, AND SHE AND THE CHILD MEET ANY OTHER 39
2
CRITERIA ESTABLISHED BY THE DEPARTMENT. 40
Sec. 5120.652. TO PARTICIPATE IN THE PRISON NURSERY 42
PROGRAM, EACH ELIGIBLE INMATE SELECTED BY THE DEPARTMENT SHALL DO 43
ALL THE FOLLOWING:
(A) AGREE IN WRITING TO DO ALL THE FOLLOWING: 46
(1) COMPLY WITH ANY PROGRAM, EDUCATIONAL, COUNSELING, AND 48
OTHER REQUIREMENTS ESTABLISHED FOR THE PROGRAM BY THE DEPARTMENT 49
OF REHABILITATION AND CORRECTION; 51
(2) IF ELIGIBLE, HAVE THE CHILD PARTICIPATE IN THE 53
MEDICAID PROGRAM OR A HEALTH INSURANCE PROGRAM; 54
(3) ACCEPT THE NORMAL RISKS OF CHILDREARING; 56
(4) ABIDE BY ANY COURT DECISIONS REGARDING THE ALLOCATION 58
OF PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE 59
CHILD.
(B) ASSIGN TO THE DEPARTMENT ANY RIGHTS TO SUPPORT FROM 61
ANY OTHER PERSON, EXCLUDING SUPPORT ASSIGNED PURSUANT TO SECTION 62
5107.20 OF THE REVISED CODE AND MEDICAL SUPPORT ASSIGNED PURSUANT 63
TO SECTION 5101.59 OF THE REVISED CODE; 64
(C) SPECIFY WITH WHOM THE CHILD IS TO BE PLACED IN THE 66
EVENT THE INMATE'S PARTICIPATION IN THE PROGRAM IS TERMINATED FOR 67
A REASON OTHER THAN RELEASE FROM IMPRISONMENT. 68
Sec. 5120.653. AN INMATE'S PARTICIPATION IN THE PRISON 70
NURSERY PROGRAM MAY BE TERMINATED BY THE DEPARTMENT OF 71
REHABILITATION AND CORRECTION IF ONE OF THE FOLLOWING OCCURS: 72
(A) THE INMATE FAILS TO COMPLY WITH THE AGREEMENT ENTERED 74
INTO UNDER DIVISION (A) OF SECTION 5120.652 OF THE REVISED CODE. 76
(B) THE INMATE'S CHILD BECOMES SERIOUSLY ILL, CANNOT MEET 78
MEDICAL CRITERIA ESTABLISHED BY THE DEPARTMENT OF REHABILITATION 79
AND CORRECTION FOR THE PROGRAM, OR OTHERWISE CANNOT SAFELY 80
PARTICIPATE IN THE PROGRAM. 81
(C) AN ACTION IS BROUGHT TO DESIGNATE A PERSON OTHER THAN 83
THE INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL CUSTODIAN. 84
(D) AN ACTION IS BROUGHT PURSUANT TO DIVISION (A)(2) OF 86
SECTION 2151.23 OF THE REVISED CODE TO GRANT CUSTODY OF THE CHILD 88
3
TO A PERSON OTHER THAN THE INMATE. 89
(E) AN ORDER IS ISSUED PURSUANT TO SECTION 3109.04 OF THE 91
REVISED CODE GRANTING SHARED PARENTING OF THE CHILD. 93
(F) AN ORDER OF DISPOSITION REGARDING THE CHILD IS ISSUED 96
PURSUANT TO DIVISION (A)(2), (3), OR (4) OF SECTION 2151.353 OF 97
THE REVISED CODE GRANTING TEMPORARY, PERMANENT, OR LEGAL CUSTODY 98
OF THE CHILD TO A PERSON, OTHER THAN THE INMATE, OR TO A PUBLIC 99
CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY;
(G) THE INMATE IS RELEASED FROM IMPRISONMENT. 101
Sec. 5120.654. (A) FOR PURPOSES OF THIS SECTION, "PUBLIC 104
ASSISTANCE" HAS THE SAME MEANING AS IN SECTION 5101.58 OF THE 105
REVISED CODE.
(B) THE RIGHTS TO SUPPORT ASSIGNED BY AN INMATE PURSUANT 108
TO SECTION 5120.652 OF THE REVISED CODE CONSTITUTE AN OBLIGATION 110
OF THE PERSON WHO IS RESPONSIBLE FOR PROVIDING THE SUPPORT TO THE 111
DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE SUPPORT 112
PROVIDED THE INMATE AND CHILD PURSUANT TO THE PRISON NURSERY 113
PROGRAM. THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF JOB 114
AND FAMILY SERVICES SHALL COLLECT SUPPORT PAYMENTS MADE PURSUANT 115
TO THE ASSIGNMENT AND FORWARD THEM TO THE DEPARTMENT OF
REHABILITATION AND CORRECTION. 116
(C) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 118
RECEIVE THE FOLLOWING: 119
(1) MONEY THAT IS ASSIGNED OR DONATED ON BEHALF OF, AND 121
PUBLIC ASSISTANCE PROVIDED TO, A SPECIFIC INMATE OR CHILD 122
PARTICIPATING IN THE PRISON NURSERY PROGRAM; 123
(2) MONEY ASSIGNED OR DONATED TO ESTABLISH AND MAINTAIN 125
THE PRISON NURSERY PROGRAM. 126
(D) THE AMOUNTS DESCRIBED IN DIVISION (C)(1) OF THIS 128
SECTION SHALL BE PLACED IN THE INDIVIDUAL NURSERY ACCOUNT CREATED 130
AND MAINTAINED UNDER SECTION 5120.655 OF THE REVISED CODE FOR THE 132
INMATE AND CHILD FOR WHOM THE MONEY WAS RECEIVED. THE MONEY 133
DESCRIBED IN DIVISION (C)(2) OF THIS SECTION SHALL BE DEPOSITED 134
IN THE APPROPRIATE PRISON NURSERY PROGRAM FUND. 135
4
Sec. 5120.655. THE MANAGING OFFICER OF EACH INSTITUTION IN 137
WHICH A PRISON NURSERY PROGRAM IS ESTABLISHED PURSUANT TO SECTION 138
5120.65 OF THE REVISED CODE SHALL DO THE FOLLOWING: 139
(A) CREATE AND MAINTAIN A PRISON NURSERY PROGRAM FUND TO 142
PAY EXPENSES ASSOCIATED WITH THE PRISON NURSERY PROGRAM; 143
(B) CREATE AND MAINTAIN AN INDIVIDUAL NURSERY ACCOUNT FOR 145
EACH INMATE PARTICIPATING IN THE PRISON NURSERY PROGRAM AT THE 146
INSTITUTION TO HELP PAY FOR THE SUPPORT PROVIDED TO THE INMATE 148
AND CHILD PURSUANT TO THE PROGRAM.
Sec. 5120.656. NOTWITHSTANDING ANY OTHER PROVISION OF THE 150
REVISED CODE, NEITHER THE PRISON NURSERY PROGRAM NOR THE 151
DEPARTMENT OF REHABILITATION AND CORRECTION, WITH RESPECT TO THE 152
PROGRAM, IS SUBJECT TO ANY REGULATION, LICENSING, OR OVERSIGHT BY 154
THE DEPARTMENT OF JOB AND FAMILY SERVICES UNLESS THE DEPARTMENTS 155
AGREE TO VOLUNTARY REGULATION, LICENSING, OR OVERSIGHT BY THE 156
DEPARTMENT OF JOB AND FAMILY SERVICES. 157
Sec. 5120.657. IF THE DEPARTMENT OF REHABILITATION AND 159
CORRECTION ESTABLISHES THE PRISON NURSERY PROGRAM, IT SHALL, IN 160
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT RULES 162
THAT ESTABLISH REQUIREMENTS NECESSARY AND APPROPRIATE TO THE 163
ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF THE PROGRAM. THE 164
DEPARTMENT SHALL ADOPT THE RULES PRIOR TO IMPLEMENTING THE
PROGRAM. 165
Sec. 5120.658. AS USED IN SECTIONS 5120.652 AND 5120.654 167
OF THE REVISED CODE, "SUPPORT" HAS THE SAME MEANING AS IN SECTION 169
3113.21 OF THE REVISED CODE.