As Passed by the Senate 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
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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 within his THE 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
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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. 134
Such contracts CONTRACTS 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
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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
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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
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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
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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; 306
or supervision 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;
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(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
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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.
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(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
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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