As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session S. B. No. 115 5
1999-2000 6
SENATORS MALLORY-FINGERHUT-HAGAN-HERINGTON-McLIN-PRENTISS- 8
SHOEMAKER-CARNES 9
_________________________________________________________________ 11
A B I L L
To amend sections 5139.07, 5145.06, and 5145.161 of 13
the Revised Code to require that prisoners in the 15
custody of the Department of Rehabilitation and 16
Correction participate in educational programs 17
and that children who are committed to the
Department of Youth Services work toward earning 18
a high school diploma, and generally to limit 20
designated types of prisoner employment to
prisoners who have earned a high school diploma 21
or certificate of high school equivalence. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 5139.07, 5145.06, and 5145.161 of 26
the Revised Code be amended to read as follows: 28
Sec. 5139.07. (A)(1)(a) As a means of correcting the 37
socially harmful tendencies of a child committed to it, the 38
department of youth services may require participation by the A 39
child TO PARTICIPATE in vocational, physical, educational, and 41
corrective training and activities, and the conduct and modes of 42
life that seem best adapted to rehabilitate the child and fit the 43
child for return to full liberty without danger to the public 45
welfare. The
(b) EXCEPT AS OTHERWISE PROVIDED, THE DEPARTMENT SHALL 47
REQUIRE ANY CHILD COMMITTED TO IT WHO HAS NOT ATTAINED A DIPLOMA 48
OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, TO PARTICIPATE IN 49
COURSES LEADING TOWARD A HIGH SCHOOL DIPLOMA OR AN OHIO 50
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CERTIFICATE OF HIGH SCHOOL EQUIVALENCE. THIS REQUIREMENT DOES 51
NOT APPLY TO A CHILD IN AN ASSESSMENT PROGRAM OR TREATMENT 52
INTERVENTION PROGRAM PRESCRIBED BY THE DEPARTMENT.
(c) THE department may monetarily compensate the child for 55
the activities described in this section by transferring the
wages of the child for those activities to the appropriate youth 56
benefit fund created under section 5139.86 of the Revised Code. 57
This
(d) THIS section does not permit the department to release 61
a child committed to it from institutional care or institutional 62
care in a secure facility, whichever is applicable, other than in 63
accordance with sections 2151.38, 5139.06, 5139.38, and 5139.50 64
to 5139.54 of the Revised Code.
(2) THE FAILURE OF THE DEPARTMENT OF YOUTH SERVICES TO 66
PROVIDE, PURSUANT TO DIVISION (A)(1) OF THIS SECTION, AN 67
OPPORTUNITY FOR ANY CHILD COMMITTED TO IT TO PARTICIPATE IN 68
COURSES THAT LEAD TO A HIGH SCHOOL DIPLOMA OR AN OHIO CERTIFICATE 69
OF HIGH SCHOOL EQUIVALENCE, DOES NOT GIVE RISE TO A CLAIM FOR 70
DAMAGES AGAINST THE DEPARTMENT.
(B) The department may require a child committed to it to 72
return to the child's home or to be placed in a foster care 74
placement if it is authorized to make a placement of that nature 75
under sections 2151.38, 5139.06, 5139.38, and 5139.50 to 5139.54 76
of the Revised Code. Any placement of that nature shall be made 77
in accordance with those sections. The legal residence of a 78
child so placed by the department is the place in which the child 79
is residing in accordance with a department order of placement. 80
The school district responsible for payment of tuition on behalf 81
of the child so placed shall be determined pursuant to section 82
3313.64 or 3313.65 of the Revised Code. 83
Sec. 5145.06. (A) The department of rehabilitation and 92
correction shall establish and operate a school system that is 94
approved and chartered by the department of education and 95
designated as the Ohio central school system to serve all of the 96
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correctional institutions under its control. The Ohio central
school system shall provide educational programs for prisoners to 97
allow them to complete adult basic education courses, earn Ohio 98
certificates of high school equivalence, or pursue vocational 99
training. To that end, the department may employ appropriately 100
certified teachers, administrators, and support staff. The 101
department shall provide classrooms, shops, and other appropriate
facilities and necessary furniture, books, stationery, supplies, 102
and equipment. 103
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION 106
SHALL REQUIRE EACH PRISONER WHO HAS NOT OBTAINED A HIGH SCHOOL 107
DIPLOMA TO TAKE COURSES LEADING TOWARD AN OHIO CERTIFICATE OF 108
HIGH SCHOOL EQUIVALENCE, AN OHIO HIGH SCHOOL DIPLOMA PURSUANT TO 109
SECTION 3313.61 OF THE REVISED CODE, OR COURSES THAT PROVIDE 110
VOCATIONAL TRAINING. IF A PRISONER HAS OBTAINED A HIGH SCHOOL 111
DIPLOMA, THE DEPARTMENT SHALL ENCOURAGE THE PRISONER TO
PARTICIPATE IN A PROGRAM OF ADVANCED STUDIES OR TRAINING FOR A 113
SKILLED TRADE.
(2) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 116
ADOPT RULES THAT PRESCRIBE DISCIPLINARY ACTIONS THAT THE 117
DEPARTMENT MAY TAKE IF A PRISONER REFUSES TO PARTICIPATE IN AN 118
EDUCATIONAL PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS 119
SECTION.
(3) THE FAILURE OF THE DEPARTMENT OF REHABILITATION AND 121
CORRECTION TO PROVIDE, PURSUANT TO DIVISION (B)(1) OF THIS 122
SECTION, AN OPPORTUNITY FOR ANY PRISONER TO PARTICIPATE IN 123
COURSES THAT LEAD TOWARD AN OHIO CERTIFICATE OF HIGH SCHOOL 124
EQUIVALENCE OR AN OHIO HIGH SCHOOL DIPLOMA, OR THAT PROVIDE 125
VOCATIONAL TRAINING, DOES NOT GIVE RISE TO A CLAIM FOR DAMAGES 126
AGAINST THE DEPARTMENT.
Sec. 5145.161. (A) The program for the employment of 135
prisoners within the custody of the department of rehabilitation 136
and correction that the department is required to establish by 137
division (A) of section 5145.16 of the Revised Code shall be 138
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administered in accordance with any rules adopted pursuant to 139
division (B) of section 5145.03 of the Revised Code and with the 140
following requirements: 141
(1) The department shall consider the nature of the 143
offense committed by a prisoner, the availability of employment, 144
the security requirements for the prisoner, his THE PRISONER'S 145
present state of mind, his THE PRISONER'S record in the 146
institution to which he THE PRISONER has been committed, and all 147
other relevant factors when assigning a prisoner to his THE 148
PRISONER'S initial job assignment. The department, when making a 150
prisoner's initial job assignment, shall attempt to develop the 151
prisoner's work skills, provide rehabilitation for the prisoner, 152
consider the proximity to the prisoner's family, and permit the 153
prisoner to provide support for his THE PRISONER'S dependents if 154
the inmate's PRISONER'S earnings are sufficient for that to be 155
feasible.
(2)(a) EXCEPT AS PROVIDED IN DIVISION (A)(2)(b) OF THIS 158
SECTION, NO PRISONER SHALL BE ASSIGNED TO ANY JOB WITH THE OHIO 159
PENAL INDUSTRIES, OR TO ANY OTHER JOB LEVEL OR JOB GRADE OF 160
PRISONER EMPLOYMENT THAT THE DIRECTOR OF REHABILITATION AND 161
CORRECTION MAY DESIGNATE, UNLESS THE PRISONER HAS OBTAINED A HIGH 162
SCHOOL DIPLOMA OR A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.
(b) DIVISION (A)(2)(a) OF THIS SECTION DOES NOT APPLY TO 165
EITHER OF THE FOLLOWING:
(i) A PRISONER WHO IS DETERMINED, IN ACCORDANCE WITH A 167
PROCEDURE APPROVED BY THE DIRECTOR, TO BE INCAPABLE OF OBTAINING 168
A DIPLOMA OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE; 169
(ii) A PRISONER WORKING IN THE OHIO PENAL INDUSTRIES AS OF 172
FEBRUARY 1, 1999, WHO APPLIED ON OR BEFORE MAY 1, 1999, FOR 173
ENROLLMENT IN A PROGRAM LEADING TO A DIPLOMA OR A CERTIFICATE OF
HIGH SCHOOL EQUIVALENCE, AND WHO HAS BEEN ENROLLED IN THAT 174
PROGRAM FOR LESS THAN ONE YEAR. 175
(3) Each prisoner shall be required to perform his THE 177
PRISONER'S job satisfactorily, be permitted to be absent from his 178
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THE PRISONER'S job only for legitimate reasons, be required to 179
comply with all security requirements, and be required to comply 180
with any other reasonable job performance standards. 181
(3)(4) A prisoner who advances from one job grade to the 183
next higher job grade within the job level, advances from one job 184
level to the next higher job level, or advances from one job 185
category to the next highest job category shall receive 186
additional benefits in accordance with the rules adopted pursuant 187
to division (B) of section 5145.03 of the Revised Code. 188
(4)(5) A prisoner shall not be eligible for a job in 190
private industry or agriculture, unless he THE PRISONER meets the 191
requirements of the department for private employment that are 192
set forth in rules adopted pursuant to division (B) of section 193
5145.03 of the Revised Code. 194
(5)(6) A prisoner who violates the work requirements of 196
any job grade, level, or category shall be disciplined pursuant 197
to the disciplinary procedure adopted pursuant to division (B)(9) 198
of section 5145.03 of the Revised Code. 199
(B) The department of rehabilitation and correction may 201
administer the program that it is required to establish by 202
division (A) of section 5145.16 of the Revised Code in any manner 203
that is consistent with division (A) of this section, division 204
(B) of section 5145.03, and section 5145.16 of the Revised Code. 205
Section 2. That existing sections 5139.07, 5145.06, and 207
5145.161 of the Revised Code are hereby repealed. 208
Section 3. Section 5139.07 of the Revised Code is 210
presented in this act as a composite of the section as amended by 211
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 212
Assembly, with the new language of neither of the acts shown in 214
capital letters. This is in recognition of the principle stated 215
in division (B) of section 1.52 of the Revised Code that such 216
amendments are to be harmonized where not substantively 217
irreconcilable and constitutes a legislative finding that such is 218
the resulting version in effect prior to the effective date of 219
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this act.