As Reported by the Senate Judiciary 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-JONES-BENDER-ROBERTS- 11 R. MILLER-MEAD-TERWILLEGER-BRADING-FORD _________________________________________________________________ 12 A B I L L To amend sections 311.29, 2921.01, and 5149.03 and 14 to enact sections 5120.64, 5120.65, 5120.651, 15 5120.652, 5120.653, 5120.654, 5120.655, 5120.656, 16 and 5120.657 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; to specifically authorize county sheriffs and the 20 Adult Parole Authority to contract with any 21 private person or entity, subject to specified 22 criteria, for the return of Ohio prisoners from outside of Ohio into Ohio; and to specifically 23 include within the definition of "detention" a 24 prisoner's confinement in any vehicle, airplane, 25 or place while being returned to Ohio under such a contract. 26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28 Section 1. That sections 311.29, 2921.01, and 5149.03 be 30 amended and sections 5120.64, 5120.65, 5120.651, 5120.652, 31 5120.653, 5120.654, 5120.655, 5120.656, and 5120.657 of the 32 Revised Code be enacted to read as follows: 33 2 Sec. 311.29. (A) As used in this section, "Chautauqua 42 assembly" has the same meaning as in section 4511.90 of the 43 Revised Code. 44 (B) The sheriff may, from time to time, enter into 46 contracts with any municipal corporation, township, township 47 police district, metropolitan housing authority, port authority, 48 water or sewer district, school district, library district, 49 health district, park district created pursuant to section 511.18 50 or 1545.01 of the Revised Code, soil and water conservation 51 district, water conservancy district, or other taxing district or 52 with the board of county commissioners of any contiguous county 53 with the concurrence of the sheriff of the other county, and such 54 subdivisions, authorities, and counties may enter into agreements 55 with the sheriff pursuant to which the sheriff undertakes and is 56 authorized by the contracting subdivision, authority, or county 57 to perform any police function, exercise any police power, or 58 render any police service in behalf of the contracting 59 subdivision, authority, or county, or its legislative authority, 60 that the subdivision, authority, or county, or its legislative 61 authority, may perform, exercise, or render. 62 Upon the execution of an agreement under this division and 64 within the limitations prescribed by it, the sheriff may exercise 65 the same powers as the contracting subdivision, authority, or 66 county possesses with respect to such policing that by the 67 agreement the sheriff undertakes to perform or render, and all 68 powers necessary or incidental thereto, as amply as such powers 69 are possessed and exercised by the contracting subdivision, 70 authority, or county directly. 71 Any agreement authorized by DIVISION (A), (B), OR (C) OF 74 this section shall not suspend the possession by a contracting 75 subdivision, authority, or county of any police power performed 76 or exercised or police service rendered in pursuance to the 77 agreement nor limit the authority of the sheriff. 78 (C) The sheriff may enter into contracts with any 80 3 Chautauqua assembly that has grounds located within the county, 81 and the Chautauqua assembly may enter into agreements with the 82 sheriff pursuant to which the sheriff undertakes to perform any 83 police function, exercise any police power, or render any police 84 service upon the grounds of the Chautauqua assembly that the 85 sheriff is authorized by law to perform, exercise, or render in 86 any other part of the county withinhisTHE SHERIFF'S territorial 88 jurisdiction. Upon the execution of an agreement under this 89 division, the sheriff may, within the limitations prescribed by 90 the agreement, exercise such powers with respect to such policing 91 upon the grounds of the Chautauqua assembly, provided that any 92 limitation contained in the agreement shall not be construed to 93 limit the authority of the sheriff. 94 (D) Contracts entered into under DIVISION (A), (B), OR (C) 97 OF this section shall provide for the reimbursement of the county 98 for the costs incurred by the sheriff for such policing 99 including, but not limited to, the salaries of deputy sheriffs 100 assigned to such policing, the current costs of funding 101 retirement pensions and of providing workers' compensation, the 102 cost of training, and the cost of equipment and supplies used in 103 such policing, to the extent that such equipment and supplies are 104 not directly furnished by the contracting subdivision, authority, 105 county, or Chautauqua assembly. Each SUCH contract shall provide 106 for the ascertainment of such costs and shall be of any duration, 107 not in excess of four years, and may contain any other terms that 108 may be agreed upon. All payments pursuant to any such contract 109 in reimbursement of the costs of such policing shall be made to 110 the treasurer of the county to be credited to a special fund to 111 be known as the "sheriff's policing revolving fund," hereby 112 created. Any moneys coming into the fund shall be used for the 113 purposes provided in DIVISIONS (A) TO (D) OF this section and 114 paid out on vouchers by the county commissioners as other funds 116 coming into their possession. Any moneys credited to the fund 117 and not obligated at the termination of the contract shall be 118 4 credited to the county general fund. The sheriff shall assign the number of deputies as may be 120 provided for in any contract made pursuant to DIVISION (A), (B), 122 OR (C) OF this section. The number of deputies regularly 123 assigned to such policing shall be in addition to and an 124 enlargement of the sheriff's regular number of deputies. Nothing 125 in DIVISIONS (A) TO (D) OF this section shall preclude the 126 sheriff from temporarily increasing or decreasing the deputies so 127 assigned as emergencies indicate a need for shifting assignments 128 to the extent provided by the contracts. 129 All such deputies shall have the same powers and duties, 131 the same qualifications, and be appointed and paid and receive 132 the same benefits and provisions and be governed by the same laws 133 as all other deputy sheriffs. 134Such contractsCONTRACTS UNDER DIVISION (A), (B), OR (C) OF 137 THIS SECTION may be entered into jointly with the board of county 138 commissioners, and sections 307.14 to 307.19 of the Revised Code 139 apply to this section insofar as they may be applicable. 140 (E)(1) AS USED IN DIVISION (E) OF THIS SECTION: 142 (a) "OHIO PRISONER" HAS THE SAME MEANING AS IN SECTION 144 5120.64 OF THE REVISED CODE. 145 (b) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE 147 THE SAME MEANINGS AS IN SECTION 9.07 OF THE REVISED CODE. 149 (2) THE SHERIFF MAY ENTER INTO A CONTRACT WITH A PRIVATE 151 PERSON OR ENTITY FOR THE RETURN OF OHIO PRISONERS WHO ARE THE 152 RESPONSIBILITY OF THE SHERIFF FROM OUTSIDE OF THIS STATE TO A 153 LOCATION IN THIS STATE SPECIFIED BY THE SHERIFF, IF THERE ARE 154 ADEQUATE FUNDS APPROPRIATED BY THE BOARD OF COUNTY COMMISSIONERS 155 AND THERE IS A CERTIFICATION PURSUANT TO DIVISION (D) OF SECTION 156 5705.41 OF THE REVISED CODE THAT THE FUNDS ARE AVAILABLE FOR THIS 157 PURPOSE. A CONTRACT ENTERED INTO UNDER THIS DIVISION IS WITHIN 158 THE COVERAGE OF SECTION 325.07 OF THE REVISED CODE. IF A SHERIFF 160 ENTERS INTO A CONTRACT AS DESCRIBED IN THIS DIVISION, SUBJECT TO 161 DIVISION (E)(3) OF THIS SECTION, THE PRIVATE PERSON OR ENTITY IN 162 5 ACCORDANCE WITH THE CONTRACT MAY RETURN OHIO PRISONERS FROM 163 OUTSIDE OF THIS STATE TO LOCATIONS IN THIS STATE SPECIFIED BY THE 164 SHERIFF. A CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL 166 INCLUDE ALL OF THE FOLLOWING: (a) SPECIFIC PROVISIONS THAT ASSIGN THE RESPONSIBILITY FOR 168 COSTS RELATED TO MEDICAL CARE OF PRISONERS WHILE THEY ARE BEING 170 RETURNED THAT IS NOT COVERED BY INSURANCE OF THE PRIVATE PERSON 172 OR ENTITY; (b) SPECIFIC PROVISIONS THAT SET FORTH THE NUMBER OF DAYS, 174 NOT EXCEEDING TEN, WITHIN WHICH THE PRIVATE PERSON OR ENTITY, 176 AFTER IT RECEIVES THE PRISONER IN THE OTHER STATE, MUST DELIVER 178 THE PRISONER TO THE LOCATION IN THIS STATE SPECIFIED BY THE 179 SHERIFF, SUBJECT TO THE EXCEPTIONS ADOPTED AS DESCRIBED IN DIVISION (E)(2)(c) OF THIS SECTION; 180 (c) ANY EXCEPTIONS TO THE SPECIFIED NUMBER OF DAYS FOR 182 DELIVERY SPECIFIED AS DESCRIBED IN DIVISION (E)(2)(b) OF THIS 184 SECTION; 185 (d) A REQUIREMENT THAT THE PRIVATE PERSON OR ENTITY 187 IMMEDIATELY REPORT ALL ESCAPES OF PRISONERS WHO ARE BEING 189 RETURNED TO THIS STATE, AND THE APPREHENSION OF ALL PRISONERS WHO 190 ARE BEING RETURNED AND WHO HAVE ESCAPED, TO THE SHERIFF AND TO 191 THE LOCAL LAW ENFORCEMENT AGENCY OF THIS STATE OR ANOTHER STATE 192 THAT HAS JURISDICTION OVER THE PLACE AT WHICH THE ESCAPE OCCURS; 193 (e) A SCHEDULE OF FINES THAT THE SHERIFF SHALL IMPOSE UPON 196 THE PRIVATE PERSON OR ENTITY IF THE PRIVATE PERSON OR ENTITY 197 FAILS TO PERFORM ITS CONTRACTUAL DUTIES, AND A REQUIREMENT THAT, 198 IF THE PRIVATE PERSON OR ENTITY FAILS TO PERFORM ITS CONTRACTUAL 199 DUTIES, THE SHERIFF SHALL IMPOSE A FINE ON THE PRIVATE PERSON OR 200 ENTITY FROM THE SCHEDULE OF FINES AND, IN ADDITION, MAY EXERCISE 201 ANY OTHER RIGHTS THE SHERIFF HAS UNDER THE CONTRACT. 202 (f) IF THE CONTRACT IS ENTERED INTO ON OR AFTER THE 204 EFFECTIVE DATE OF THE RULES ADOPTED BY THE DEPARTMENT OF 206 REHABILITATION AND CORRECTION UNDER SECTION 5120.64 OF THE 207 REVISED CODE, SPECIFIC PROVISIONS THAT COMPORT WITH ALL 208 6 APPLICABLE STANDARDS THAT ARE CONTAINED IN THOSE RULES. 209 (3) IF THE PRIVATE PERSON OR ENTITY THAT ENTERS INTO THE 212 CONTRACT FAILS TO PERFORM ITS CONTRACTUAL DUTIES, THE SHERIFF 213 SHALL IMPOSE UPON THE PRIVATE PERSON OR ENTITY A FINE FROM THE 214 SCHEDULE, THE MONEY PAID IN SATISFACTION OF THE FINE SHALL BE 215 PAID INTO THE COUNTY TREASURY, AND THE SHERIFF MAY EXERCISE ANY 216 OTHER RIGHTS THE SHERIFF HAS UNDER THE CONTRACT. IF A FINE IS 217 IMPOSED UNDER THIS DIVISION, THE SHERIFF MAY REDUCE THE PAYMENT 218 OWED TO THE PRIVATE PERSON OR ENTITY PURSUANT TO ANY INVOICE IN 219 THE AMOUNT OF THE FINE. (4) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED BY THE 221 DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 5120.64 222 OF THE REVISED CODE, NOTWITHSTANDING THE EXISTENCE OF A CONTRACT 223 ENTERED INTO UNDER DIVISION (E)(2) OF THIS SECTION, IN NO CASE 224 SHALL THE PRIVATE PERSON OR ENTITY THAT IS A PARTY TO THE 225 CONTRACT RETURN OHIO PRISONERS FROM OUTSIDE OF THIS STATE INTO 227 THIS STATE FOR A SHERIFF UNLESS THE PRIVATE PERSON OR ENTITY 228 COMPLIES WITH ALL APPLICABLE STANDARDS THAT ARE CONTAINED IN THE 229 RULES. (5) DIVISIONS (E)(1) TO (4) OF THIS SECTION DO NOT APPLY 231 REGARDING ANY OUT-OF-STATE PRISONER WHO IS BROUGHT INTO THIS 232 STATE TO BE HOUSED PURSUANT TO SECTION 9.07 OF THE REVISED CODE 233 IN A CORRECTIONAL FACILITY IN THIS STATE THAT IS MANAGED AND 234 OPERATED BY A PRIVATE CONTRACTOR. 235 Sec. 2921.01. As used in sections 2921.01 to 2921.45 of 244 the Revised Code: 245 (A) "Public official" means any elected or appointed 247 officer, or employee, or agent of the state or any political 248 subdivision, whether in a temporary or permanent capacity, and 249 includes, but is not limited to, legislators, judges, and law 251 enforcement officers. (B) "Public servant" means any of the following: 253 (1) Any public official; 255 (2) Any person performing ad hoc a governmental function, 257 7 including, but not limited to, a juror, member of a temporary 259 commission, master, arbitrator, advisor, or consultant; 260 (3) A person who is a candidate for public office, whether 262 or not the person is elected or appointed to the office for which 264 the person is a candidate. A person is a candidate for purposes 266 of this division if the person has been nominated according to 267 law for election or appointment to public office, or if the 268 person has filed a petition or petitions as required by law to 269 have the person's name placed on the ballot in a primary, 270 general, or special election, or if the person campaigns as a 271 write-in candidate in any primary, general, or special election. (C) "Party official" means any person who holds an 273 elective or appointive post in a political party in the United 274 States or this state, by virtue of which the person directs, 275 conducts, or participates in directing or conducting party 277 affairs at any level of responsibility. 278 (D) "Official proceeding" means any proceeding before a 280 legislative, judicial, administrative, or other governmental 281 agency or official authorized to take evidence under oath, and 282 includes any proceeding before a referee, hearing examiner, 283 commissioner, notary, or other person taking testimony or a 284 deposition in connection with an official proceeding. 285 (E) "Detention" means arrest; confinement in any vehicle 287 subsequent to an arrest; confinement in any public or private 288 facility for custody of persons charged with or convicted of 290 crime in this state or another state or under the laws of the 291 United States or alleged or found to be a delinquent child or 293 unruly child in this state or another state or under the laws of 294 the United States; hospitalization, institutionalization, or 295 confinement in any public or private facility that is ordered 297 pursuant to or under the authority of section 2945.37, 2945.371, 298 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 299 Code; confinement in any vehicle for transportation to or from 301 any facility of any of those natures; detention for extradition 302 8 or deportation; except as provided in this division, supervision 303 by any employee of any facility of any of those natures that is 304 incidental to hospitalization, institutionalization, or 305 confinement in the facility but that occurs outside the facility; 306orsupervision by an employee of the department of rehabilitation 308 and correction of a person on any type of release from a state correctional institution; OR CONFINEMENT IN ANY VEHICLE, 309 AIRPLANE, OR PLACE WHILE BEING RETURNED FROM OUTSIDE OF THIS 310 STATE INTO THIS STATE BY A PRIVATE PERSON OR ENTITY PURSUANT TO A 311 CONTRACT ENTERED INTO UNDER DIVISION (E) OF SECTION 311.29 OF THE 312 REVISED CODE OR DIVISION (B) OF SECTION 5149.03 OF THE REVISED 313 CODE. For a person confined in a county jail who participates in 314 a county jail industry program pursuant to section 5147.30 of the 315 Revised Code, "detention" includes time spent at an assigned work 316 site and going to and from the work site. 317 (F) "Detention facility" means any public or private place 319 used for the confinement of a person charged with or convicted of 321 any crime in this state or another state or under the laws of the 322 United States or alleged or found to be a delinquent child or 324 unruly child in this state or another state or under the laws of 325 the United States. (G) "Valuable thing or valuable benefit" includes, but is 327 not limited to, a contribution. This inclusion does not indicate 328 or imply that a contribution was not included in those terms 329 before September 17, 1986. 330 (H) "Campaign committee," "contribution," "political 332 action committee," "legislative campaign fund," "political 334 party," and "political contributing entity" have the same 335 meanings as in section 3517.01 of the Revised Code. 336 (I) "Provider agreement" and "medical assistance program" 338 have the same meanings as in section 2913.40 of the Revised Code. 339 Sec. 5120.64. (A) AS USED IN THIS SECTION: 341 (1) "OHIO PRISONER" MEANS A PERSON WHO IS CHARGED WITH OR 343 CONVICTED OF A CRIME IN THIS STATE OR WHO IS ALLEGED OR FOUND TO 344 9 BE A DELINQUENT CHILD IN THIS STATE. 345 (2) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE 347 THE SAME MEANINGS AS IN SECTION 9.07 OF THE REVISED CODE. 348 (B) NOT LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF 350 THIS SECTION, THE DEPARTMENT OF REHABILITATION AND CORRECTION, IN 351 CONSULTATION WITH THE ATTORNEY GENERAL, THE COUNTY COMMISSIONERS 352 ASSOCIATION OF OHIO, AND THE BUCKEYE STATE SHERIFFS ASSOCIATION, 353 SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED CODE 354 REGARDING THE RETURN OF OHIO PRISONERS FROM OUTSIDE OF THIS STATE 355 INTO THIS STATE BY A PRIVATE PERSON OR ENTITY PURSUANT TO A 356 CONTRACT ENTERED INTO WITH A SHERIFF UNDER AUTHORITY OF DIVISION 358 (E) OF SECTION 311.29 OF THE REVISED CODE OR THE ADULT PAROLE 359 AUTHORITY UNDER AUTHORITY OF DIVISION (B) OF SECTION 5149.03 OF 360 THE REVISED CODE. THE RULES SHALL ESTABLISH ALL OF THE 362 FOLLOWING: (1) STANDARDS THAT SPECIFY REQUIRED TRAINING OF OFFICERS 364 AND EMPLOYEES OF THE PRIVATE PERSON OR ENTITY THAT ACTUALLY 365 ENGAGE IN THE RETURN OF THE PRISONERS, INCLUDING STANDARDS 366 RELATED TO THE LENGTH AND NATURE OF THE TRAINING; 367 (2) PHYSICAL STANDARDS FOR VEHICLES USED IN THE RETURN OF 369 THE PRISONERS; 370 (3) STANDARDS THAT GOVERN THE RESPONSIBILITY OF THE 372 PRIVATE PERSON OR ENTITY TO DO ONE OR MORE OF THE FOLLOWING: 373 (a) PROVIDE AN ADEQUATE POLICY OF LIABILITY INSURANCE TO 375 COVER ALL INJURIES, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 376 ARISE FROM OR IS RELATED TO ITS RETURN OF THE PRISONERS; 377 (b) INDEMNIFY AND HOLD HARMLESS THE SHERIFF, THE COUNTY, 379 AND ALL COUNTY OFFICERS AND EMPLOYEES REGARDING A CONTRACT FOR 381 THE RETURN OF PRISONERS ENTERED INTO UNDER DIVISION (E) OF 382 SECTION 311.29 OF THE REVISED CODE OR THE DEPARTMENT OF 383 REHABILITATION AND CORRECTION AND ALL STATE OFFICERS AND 384 EMPLOYEES REGARDING A CONTRACT FOR THE RETURN OF PRISONERS 385 ENTERED INTO UNDER DIVISION (B) OF SECTION 5149.03 OF THE REVISED 386 CODE; 10 (c) FILE A PERFORMANCE BOND OR OTHER SURETY TO GUARANTEE 388 PERFORMANCE. 389 (4) STANDARDS REQUIRING THE PRIVATE PERSON OR ENTITY TO 391 HAVE CRIMINAL RECORDS CHECKS AND PRE-EMPLOYMENT DRUG TESTING 392 PERFORMED FOR OFFICERS AND EMPLOYEES OF THE PRIVATE PERSON OR 393 ENTITY THAT ACTUALLY ENGAGE IN THE RETURN OF THE PRISONERS AND TO 394 HAVE A RANDOM DRUG-SCREENING POLICY AND BE ABLE TO DOCUMENT 395 COMPLIANCE WITH THE POLICY; 396 (5) STANDARDS REQUIRING THE PRIVATE PERSON OR ENTITY TO 398 HAVE TWENTY-FOUR-HOUR OPERATIONS STAFF TO CONSTANTLY MONITOR 399 ACTIVITIES IN THE FIELD AND TO HAVE ON-BOARD, CONSTANT 400 COMMUNICATION ABILITY WITH VEHICLES IN THE FIELD; 401 (6) STANDARDS REQUIRING THE OFFICERS AND EMPLOYEES OF THE 403 PRIVATE PERSON OR ENTITY THAT ACTUALLY ENGAGE IN THE RETURN OF 404 THE PRISONERS TO BE CPR AND FIRST-AID CERTIFIED. 405 (C) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED UNDER 407 DIVISION (B) OF THIS SECTION, IN NO CASE SHALL A PRIVATE PERSON 409 OR ENTITY RETURN OHIO PRISONERS FROM OUTSIDE OF THIS STATE INTO 410 THIS STATE FOR A SHERIFF OR FOR THE ADULT PAROLE AUTHORITY UNLESS THE PRIVATE PERSON OR ENTITY COMPLIES WITH ALL APPLICABLE 412 STANDARDS THAT ARE CONTAINED IN THE RULES. 413 (D) THIS SECTION DOES NOT APPLY REGARDING ANY OUT-OF-STATE 415 PRISONER WHO IS BROUGHT INTO THIS STATE TO BE HOUSED PURSUANT TO 416 SECTION 9.07 OF THE REVISED CODE IN A CORRECTIONAL FACILITY IN 417 THIS STATE THAT IS MANAGED AND OPERATED BY A PRIVATE CONTRACTOR. 418 Sec. 5120.65. (A) THE DEPARTMENT OF REHABILITATION AND 420 CORRECTION MAY ESTABLISH IN ONE OR MORE OF THE INSTITUTIONS FOR 423 WOMEN OPERATED BY THE DEPARTMENT A PRISON NURSERY PROGRAM UNDER 424 WHICH ELIGIBLE INMATES AND CHILDREN BORN TO THEM WHILE IN THE 425 CUSTODY OF THE DEPARTMENT MAY RESIDE TOGETHER IN THE INSTITUTION. IF THE DEPARTMENT ESTABLISHES A PRISON NURSERY PROGRAM IN ONE OR 427 MORE INSTITUTIONS UNDER THIS SECTION, SECTIONS 5120.651 TO 428 5120.657 OF THE REVISED CODE APPLY REGARDING THE PROGRAM. IF THE 429 DEPARTMENT ESTABLISHES A PRISON NURSERY PROGRAM AND AN INMATE 430 11 PARTICIPATES IN THE PROGRAM, NEITHER THE INMATE'S PARTICIPATION 431 IN THE PROGRAM NOR ANY PROVISION OF SECTIONS 5120.65 TO 5120.658 OF THE REVISED CODE AFFECTS, MODIFIES, OR INTERFERES WITH THE 432 INMATE'S CUSTODIAL RIGHTS OF THE CHILD OR ESTABLISHES LEGAL 433 CUSTODY OF THE CHILD WITH THE DEPARTMENT. (B) AS USED IN SECTIONS 5120.651 TO 5120.657 OF THE 435 REVISED CODE: (1) "PRISON NURSERY PROGRAM" MEANS THE PRISON NURSERY 437 PROGRAM ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND 438 CORRECTION UNDER THIS SECTION, IF ONE IS SO ESTABLISHED. 439 (2) "PUBLIC ASSISTANCE" HAS THE SAME MEANING AS IN SECTION 441 5101.58 OF THE REVISED CODE. 442 (3) "SUPPORT" HAS THE SAME MEANING AS IN SECTION 3113.21 444 OF THE REVISED CODE. Sec. 5120.651. AN INMATE IS ELIGIBLE TO PARTICIPATE IN THE 446 PRISON NURSERY PROGRAM IF SHE IS PREGNANT AT THE TIME SHE IS 447 DELIVERED INTO THE CUSTODY OF THE DEPARTMENT OF REHABILITATION 448 AND CORRECTION, SHE GIVES BIRTH ON OR AFTER THE DATE THE PROGRAM 449 IS IMPLEMENTED, SHE IS SUBJECT TO A SENTENCE OF IMPRISONMENT OF 450 NOT MORE THAN EIGHTEEN MONTHS, AND SHE AND THE CHILD MEET ANY 451 OTHER CRITERIA ESTABLISHED BY THE DEPARTMENT. 452 Sec. 5120.652. TO PARTICIPATE IN THE PRISON NURSERY 454 PROGRAM, EACH ELIGIBLE INMATE SELECTED BY THE DEPARTMENT SHALL DO 455 ALL THE FOLLOWING: (A) AGREE IN WRITING TO DO ALL THE FOLLOWING: 458 (1) COMPLY WITH ANY PROGRAM, EDUCATIONAL, COUNSELING, AND 460 OTHER REQUIREMENTS ESTABLISHED FOR THE PROGRAM BY THE DEPARTMENT 461 OF REHABILITATION AND CORRECTION; 463 (2) IF ELIGIBLE, HAVE THE CHILD PARTICIPATE IN THE 465 MEDICAID PROGRAM OR A HEALTH INSURANCE PROGRAM; 466 (3) ACCEPT THE NORMAL RISKS OF CHILDREARING; 468 (4) ABIDE BY ANY COURT DECISIONS REGARDING THE ALLOCATION 470 OF PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE 471 CHILD. 12 (B) ASSIGN TO THE DEPARTMENT ANY RIGHTS TO SUPPORT FROM 473 ANY OTHER PERSON, EXCLUDING SUPPORT ASSIGNED PURSUANT TO SECTION 474 5107.20 OF THE REVISED CODE AND MEDICAL SUPPORT ASSIGNED PURSUANT 475 TO SECTION 5101.59 OF THE REVISED CODE; 476 (C) SPECIFY WITH WHOM THE CHILD IS TO BE PLACED IN THE 478 EVENT THE INMATE'S PARTICIPATION IN THE PROGRAM IS TERMINATED FOR 479 A REASON OTHER THAN RELEASE FROM IMPRISONMENT. 480 Sec. 5120.653. AN INMATE'S PARTICIPATION IN THE PRISON 482 NURSERY PROGRAM MAY BE TERMINATED BY THE DEPARTMENT OF 483 REHABILITATION AND CORRECTION IF ONE OF THE FOLLOWING OCCURS: 484 (A) THE INMATE FAILS TO COMPLY WITH THE AGREEMENT ENTERED 486 INTO UNDER DIVISION (A) OF SECTION 5120.652 OF THE REVISED CODE. 488 (B) THE INMATE'S CHILD BECOMES SERIOUSLY ILL, CANNOT MEET 490 MEDICAL CRITERIA ESTABLISHED BY THE DEPARTMENT OF REHABILITATION 491 AND CORRECTION FOR THE PROGRAM, OR OTHERWISE CANNOT SAFELY 492 PARTICIPATE IN THE PROGRAM. 493 (C) A COURT ISSUES AN ORDER THAT DESIGNATES A PERSON OTHER 495 THAN THE INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL 497 CUSTODIAN. (D) A JUVENILE COURT, IN AN ACTION BROUGHT PURSUANT TO 499 DIVISION (A)(2) OF SECTION 2151.23 OF THE REVISED CODE, GRANTS 501 CUSTODY OF THE CHILD TO A PERSON OTHER THAN THE INMATE. 503 (E) AN ORDER IS ISSUED PURSUANT TO SECTION 3109.04 OF THE 505 REVISED CODE GRANTING SHARED PARENTING OF THE CHILD. 507 (F) AN ORDER OF DISPOSITION REGARDING THE CHILD IS ISSUED 510 PURSUANT TO DIVISION (A)(2), (3), OR (4) OF SECTION 2151.353 OF 511 THE REVISED CODE GRANTING TEMPORARY, PERMANENT, OR LEGAL CUSTODY 512 OF THE CHILD TO A PERSON, OTHER THAN THE INMATE, OR TO A PUBLIC 513 CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY. (G) THE INMATE IS RELEASED FROM IMPRISONMENT. 515 Sec. 5120.654. (A) THE RIGHTS TO SUPPORT ASSIGNED BY AN 517 INMATE PURSUANT TO SECTION 5120.652 OF THE REVISED CODE 518 CONSTITUTE AN OBLIGATION OF THE PERSON WHO IS RESPONSIBLE FOR 520 PROVIDING THE SUPPORT TO THE DEPARTMENT OF REHABILITATION AND 521 13 CORRECTION FOR THE SUPPORT PROVIDED THE INMATE AND CHILD PURSUANT 522 TO THE PRISON NURSERY PROGRAM. THE DIVISION OF CHILD SUPPORT IN 523 THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL COLLECT SUPPORT 524 PAYMENTS MADE PURSUANT TO THE ASSIGNMENT AND FORWARD THEM TO THE 525 DEPARTMENT OF REHABILITATION AND CORRECTION. 526 (B) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY 528 RECEIVE THE FOLLOWING: 529 (1) MONEY THAT IS ASSIGNED OR DONATED ON BEHALF OF, AND 531 PUBLIC ASSISTANCE PROVIDED TO, A SPECIFIC INMATE OR CHILD 532 PARTICIPATING IN THE PRISON NURSERY PROGRAM; 533 (2) MONEY ASSIGNED OR DONATED TO ESTABLISH AND MAINTAIN 535 THE PRISON NURSERY PROGRAM. 536 (C) THE AMOUNTS DESCRIBED IN DIVISION (B)(1) OF THIS 538 SECTION SHALL BE PLACED IN THE INDIVIDUAL NURSERY ACCOUNT CREATED 540 AND MAINTAINED UNDER SECTION 5120.655 OF THE REVISED CODE FOR THE 542 INMATE AND CHILD FOR WHOM THE MONEY WAS RECEIVED. THE MONEY 543 DESCRIBED IN DIVISION (B)(2) OF THIS SECTION SHALL BE DEPOSITED 544 IN THE APPROPRIATE PRISON NURSERY PROGRAM FUND. 545 Sec. 5120.655. THE MANAGING OFFICER OF EACH INSTITUTION IN 547 WHICH A PRISON NURSERY PROGRAM IS ESTABLISHED PURSUANT TO SECTION 548 5120.65 OF THE REVISED CODE SHALL DO THE FOLLOWING: 549 (A) CREATE AND MAINTAIN A PRISON NURSERY PROGRAM FUND TO 552 PAY EXPENSES ASSOCIATED WITH THE PRISON NURSERY PROGRAM; 553 (B) CREATE AND MAINTAIN AN INDIVIDUAL NURSERY ACCOUNT FOR 555 EACH INMATE PARTICIPATING IN THE PRISON NURSERY PROGRAM AT THE 556 INSTITUTION TO HELP PAY FOR THE SUPPORT PROVIDED TO THE INMATE 558 AND CHILD PURSUANT TO THE PROGRAM. Sec. 5120.656. NOTWITHSTANDING ANY OTHER PROVISION OF THE 560 REVISED CODE, NEITHER THE PRISON NURSERY PROGRAM NOR THE 561 DEPARTMENT OF REHABILITATION AND CORRECTION, WITH RESPECT TO THE 562 PROGRAM, IS SUBJECT TO ANY REGULATION, LICENSING, OR OVERSIGHT BY 564 THE DEPARTMENT OF JOB AND FAMILY SERVICES UNLESS THE DEPARTMENTS 565 AGREE TO VOLUNTARY REGULATION, LICENSING, OR OVERSIGHT BY THE 566 DEPARTMENT OF JOB AND FAMILY SERVICES. 567 14 Sec. 5120.657. IF THE DEPARTMENT OF REHABILITATION AND 569 CORRECTION ESTABLISHES THE PRISON NURSERY PROGRAM, IT SHALL, IN 570 ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT RULES 572 THAT ESTABLISH REQUIREMENTS NECESSARY AND APPROPRIATE TO THE 573 ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF THE PROGRAM. THE 574 DEPARTMENT SHALL ADOPT THE RULES PRIOR TO IMPLEMENTING THE PROGRAM. 575 Sec. 5149.03. (A) The adult parole authority shall 584 administer Chapter 5149. and the provisions of Chapter 2967., 586 Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.05, 587 2951.06, and 2951.08 of the Revised Code that impose duties upon 588 the authority. The authority may enter into a written agreement with a 590 person or government entity to share information, personnel, and 591 services for one or more of the following purposes: training, 592 crime interdiction, fugitive apprehension, and community 593 supervision. The agreement may permit the authority to act in 594 concert with and provide assistance to a law enforcement agency, 595 as defined in section 5101.26 of the Revised Code, in detecting, 596 tracking, apprehending, or detaining an individual subject to 597 arrest. (B)(1) AS USED IN DIVISION (B) OF THIS SECTION: 600 (a) "OHIO PRISONER" HAS THE SAME MEANING AS IN SECTION 602 5120.64 OF THE REVISED CODE. 603 (b) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE 605 THE SAME MEANINGS AS IN SECTION 9.07 OF THE REVISED CODE. 606 (2) THE ADULT PAROLE AUTHORITY, IN ORDER TO DISCHARGE ITS 608 DUTIES UNDER CHAPTERS 2967. AND 5149. OF THE REVISED CODE, MAY 609 ENTER INTO A CONTRACT WITH A PRIVATE PERSON OR ENTITY FOR THE 610 RETURN OF OHIO PRISONERS WHO ARE THE RESPONSIBILITY OF THE 611 DEPARTMENT OF REHABILITATION AND CORRECTION FROM OUTSIDE OF THIS 612 STATE TO A LOCATION IN THIS STATE SPECIFIED BY THE ADULT PAROLE 613 AUTHORITY. IF THE ADULT PAROLE AUTHORITY ENTERS INTO A CONTRACT 614 AS DESCRIBED IN THIS DIVISION, SUBJECT TO DIVISION (B)(3) OF THIS 615 15 SECTION, THE PRIVATE PERSON OR ENTITY IN ACCORDANCE WITH THE 616 CONTRACT MAY RETURN OHIO PRISONERS FROM OUTSIDE OF THIS STATE TO 617 LOCATIONS IN THIS STATE SPECIFIED BY THE ADULT PAROLE AUTHORITY. 618 A CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE ALL OF 620 THE FOLLOWING: (a) SPECIFIC PROVISIONS THAT ASSIGN THE RESPONSIBILITY FOR 622 COSTS RELATED TO MEDICAL CARE OF PRISONERS WHILE THEY ARE BEING 623 RETURNED THAT IS NOT COVERED BY INSURANCE OF THE PRIVATE PERSON 625 OR ENTITY; (b) SPECIFIC PROVISIONS THAT SET FORTH THE NUMBER OF DAYS, 627 NOT EXCEEDING TEN, WITHIN WHICH THE PRIVATE PERSON OR ENTITY, 628 AFTER IT RECEIVES THE PRISONER IN THE OTHER STATE, MUST DELIVER 630 THE PRISONER TO THE LOCATION IN THIS STATE SPECIFIED BY THE ADULT 631 PAROLE AUTHORITY, SUBJECT TO THE EXCEPTIONS ADOPTED AS DESCRIBED 632 IN DIVISION (B)(2)(c) OF THIS SECTION; (c) ANY EXCEPTIONS TO THE SPECIFIED NUMBER OF DAYS FOR 634 DELIVERY SPECIFIED AS DESCRIBED IN DIVISION (B)(2)(b) OF THIS 635 SECTION; 636 (d) A REQUIREMENT THAT THE PRIVATE PERSON OR ENTITY 638 IMMEDIATELY REPORT ALL ESCAPES OF PRISONERS WHO ARE BEING 639 RETURNED TO THIS STATE, AND THE APPREHENSION OF ALL PRISONERS WHO 640 ARE BEING RETURNED AND WHO HAVE ESCAPED, TO THE ADULT PAROLE 641 AUTHORITY AND TO THE LOCAL LAW ENFORCEMENT AGENCY OF THIS STATE 642 OR ANOTHER STATE THAT HAS JURISDICTION OVER THE PLACE AT WHICH 643 THE ESCAPE OCCURS; (e) A SCHEDULE OF FINES THAT THE ADULT PAROLE AUTHORITY 645 SHALL IMPOSE UPON THE PRIVATE PERSON OR ENTITY IF THE PRIVATE 647 PERSON OR ENTITY FAILS TO PERFORM ITS CONTRACTUAL DUTIES, AND A 648 REQUIREMENT THAT, IF THE PRIVATE PERSON OR ENTITY FAILS TO 649 PERFORM ITS CONTRACTUAL DUTIES, THE ADULT PAROLE AUTHORITY SHALL 650 IMPOSE A FINE ON THE PRIVATE PERSON OR ENTITY FROM THE SCHEDULE 651 OF FINES AND, IN ADDITION, MAY EXERCISE ANY OTHER RIGHTS IT HAS 652 UNDER THE CONTRACT. (f) IF THE CONTRACT IS ENTERED INTO ON OR AFTER THE 654 16 EFFECTIVE DATE OF THE RULES ADOPTED BY THE DEPARTMENT OF 655 REHABILITATION AND CORRECTION UNDER SECTION 5120.64 OF THE 656 REVISED CODE, SPECIFIC PROVISIONS THAT COMPORT WITH ALL 657 APPLICABLE STANDARDS THAT ARE CONTAINED IN THOSE RULES. 658 (3) IF THE PRIVATE PERSON OR ENTITY THAT ENTERS INTO THE 662 CONTRACT FAILS TO PERFORM ITS CONTRACTUAL DUTIES, THE ADULT 663 PAROLE AUTHORITY SHALL IMPOSE UPON THE PRIVATE PERSON OR ENTITY A 664 FINE FROM THE SCHEDULE, THE MONEY PAID IN SATISFACTION OF THE 665 FINE SHALL BE PAID INTO THE STATE TREASURY, AND THE ADULT PAROLE 666 AUTHORITY MAY EXERCISE ANY OTHER RIGHTS IT HAS UNDER THE 667 CONTRACT. IF A FINE IS IMPOSED UNDER THIS DIVISION, THE ADULT 668 PAROLE AUTHORITY MAY REDUCE THE PAYMENT OWED TO THE PRIVATE 669 PERSON OR ENTITY PURSUANT TO ANY INVOICE IN THE AMOUNT OF THE 670 FINE. (4) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED BY THE 672 DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 5120.64 673 OF THE REVISED CODE, NOTWITHSTANDING THE EXISTENCE OF A CONTRACT 674 ENTERED INTO UNDER DIVISION (B)(2) OF THIS SECTION, IN NO CASE 675 SHALL THE PRIVATE PERSON OR ENTITY THAT IS A PARTY TO THE 676 CONTRACT RETURN OHIO PRISONERS FROM OUTSIDE OF THIS STATE INTO 677 THIS STATE FOR THE ADULT PAROLE AUTHORITY UNLESS THE PRIVATE 678 PERSON OR ENTITY COMPLIES WITH ALL APPLICABLE STANDARDS THAT ARE 680 CONTAINED IN THE RULES. (5) DIVISIONS (B)(1) TO (4) OF THIS SECTION DO NOT APPLY 682 REGARDING ANY OUT-OF-STATE PRISONER WHO IS BROUGHT INTO THIS 683 STATE TO BE HOUSED PURSUANT TO SECTION 9.07 OF THE REVISED CODE 684 IN A CORRECTIONAL FACILITY IN THIS STATE THAT IS MANAGED AND 685 OPERATED BY A PRIVATE CONTRACTOR. 686 Section 2. That existing sections 311.29, 2921.01, and 688 5149.03 of the Revised Code are hereby repealed. 689