As Passed by the Senate 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-OELSLAGER-BRADY-MUMPER-WATTS-SPADA-DiDONATO- 9
LATELL-BLESSING-HARRIS-NEIN-ESPY-RAY-WHITE-ARMBRUSTER 10
_________________________________________________________________ 12
A B I L L
To amend sections 5139.07, 5145.06, and 5145.161 of 14
the Revised Code to require that prisoners in the 16
custody of the Department of Rehabilitation and 17
Correction participate in educational programs 18
and that children who are committed to the
Department of Youth Services work toward earning 19
a high school diploma, and generally to limit 21
designated types of prisoner employment to
prisoners who have earned a high school diploma 22
or certificate of high school equivalence. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 5139.07, 5145.06, and 5145.161 of 27
the Revised Code be amended to read as follows: 29
Sec. 5139.07. (A)(1)(a) As a means of correcting the 38
socially harmful tendencies of a child committed to it, the 39
department of youth services may require participation by the A 40
child TO PARTICIPATE in vocational, physical, educational, and 42
corrective training and activities, and the conduct and modes of 43
life that seem best adapted to rehabilitate the child and fit the 44
child for return to full liberty without danger to the public 46
welfare. The
(b) EXCEPT AS OTHERWISE PROVIDED, THE DEPARTMENT SHALL 48
REQUIRE ANY CHILD COMMITTED TO IT WHO HAS NOT ATTAINED A DIPLOMA 49
OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, TO PARTICIPATE IN 50
2
COURSES LEADING TOWARD A HIGH SCHOOL DIPLOMA OR AN OHIO 51
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE. THIS REQUIREMENT DOES 52
NOT APPLY TO A CHILD IN AN ASSESSMENT PROGRAM OR TREATMENT 53
INTERVENTION PROGRAM PRESCRIBED BY THE DEPARTMENT.
(c) THE department may monetarily compensate the child for 56
the activities described in this section by transferring the
wages of the child for those activities to the appropriate youth 57
benefit fund created under section 5139.86 of the Revised Code. 58
This
(d) THIS section does not permit the department to release 62
a child committed to it from institutional care or institutional 63
care in a secure facility, whichever is applicable, other than in 64
accordance with sections 2151.38, 5139.06, 5139.38, and 5139.50 65
to 5139.54 of the Revised Code.
(2) THE FAILURE OF THE DEPARTMENT OF YOUTH SERVICES TO 67
PROVIDE, PURSUANT TO DIVISION (A)(1) OF THIS SECTION, AN 68
OPPORTUNITY FOR ANY CHILD COMMITTED TO IT TO PARTICIPATE IN 69
COURSES THAT LEAD TO A HIGH SCHOOL DIPLOMA OR AN OHIO CERTIFICATE 70
OF HIGH SCHOOL EQUIVALENCE, DOES NOT GIVE RISE TO A CLAIM FOR 71
DAMAGES AGAINST THE DEPARTMENT.
(B) The department may require a child committed to it to 73
return to the child's home or to be placed in a foster care 75
placement if it is authorized to make a placement of that nature 76
under sections 2151.38, 5139.06, 5139.38, and 5139.50 to 5139.54 77
of the Revised Code. Any placement of that nature shall be made 78
in accordance with those sections. The legal residence of a 79
child so placed by the department is the place in which the child 80
is residing in accordance with a department order of placement. 81
The school district responsible for payment of tuition on behalf 82
of the child so placed shall be determined pursuant to section 83
3313.64 or 3313.65 of the Revised Code. 84
Sec. 5145.06. (A) The department of rehabilitation and 93
correction shall establish and operate a school system that is 95
approved and chartered by the department of education and 96
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designated as the Ohio central school system to serve all of the 97
correctional institutions under its control. The Ohio central
school system shall provide educational programs for prisoners to 98
allow them to complete adult basic education courses, earn Ohio 99
certificates of high school equivalence, or pursue vocational 100
training. To that end, the department may employ appropriately 101
certified teachers, administrators, and support staff. The 102
department shall provide classrooms, shops, and other appropriate
facilities and necessary furniture, books, stationery, supplies, 103
and equipment. 104
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION 107
SHALL REQUIRE EACH PRISONER WHO HAS NOT OBTAINED A HIGH SCHOOL 108
DIPLOMA TO TAKE COURSES LEADING TOWARD AN OHIO CERTIFICATE OF 109
HIGH SCHOOL EQUIVALENCE, AN OHIO HIGH SCHOOL DIPLOMA PURSUANT TO 110
SECTION 3313.61 OF THE REVISED CODE, OR COURSES THAT PROVIDE 111
VOCATIONAL TRAINING. IF A PRISONER HAS OBTAINED A HIGH SCHOOL 112
DIPLOMA, THE DEPARTMENT SHALL ENCOURAGE THE PRISONER TO
PARTICIPATE IN A PROGRAM OF ADVANCED STUDIES OR TRAINING FOR A 114
SKILLED TRADE.
(2) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 117
ADOPT RULES THAT PRESCRIBE DISCIPLINARY ACTIONS THAT THE 118
DEPARTMENT MAY TAKE IF A PRISONER REFUSES TO PARTICIPATE IN AN 119
EDUCATIONAL PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS 120
SECTION.
(3) THE FAILURE OF THE DEPARTMENT OF REHABILITATION AND 122
CORRECTION TO PROVIDE, PURSUANT TO DIVISION (B)(1) OF THIS 123
SECTION, AN OPPORTUNITY FOR ANY PRISONER TO PARTICIPATE IN 124
COURSES THAT LEAD TOWARD AN OHIO CERTIFICATE OF HIGH SCHOOL 125
EQUIVALENCE OR AN OHIO HIGH SCHOOL DIPLOMA, OR THAT PROVIDE 126
VOCATIONAL TRAINING, DOES NOT GIVE RISE TO A CLAIM FOR DAMAGES 127
AGAINST THE DEPARTMENT.
Sec. 5145.161. (A) The program for the employment of 136
prisoners within the custody of the department of rehabilitation 137
and correction that the department is required to establish by 138
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division (A) of section 5145.16 of the Revised Code shall be 139
administered in accordance with any rules adopted pursuant to 140
division (B) of section 5145.03 of the Revised Code and with the 141
following requirements: 142
(1) The department shall consider the nature of the 144
offense committed by a prisoner, the availability of employment, 145
the security requirements for the prisoner, his THE PRISONER'S 146
present state of mind, his THE PRISONER'S record in the 147
institution to which he THE PRISONER has been committed, and all 148
other relevant factors when assigning a prisoner to his THE 149
PRISONER'S initial job assignment. The department, when making a 151
prisoner's initial job assignment, shall attempt to develop the 152
prisoner's work skills, provide rehabilitation for the prisoner, 153
consider the proximity to the prisoner's family, and permit the 154
prisoner to provide support for his THE PRISONER'S dependents if 155
the inmate's PRISONER'S earnings are sufficient for that to be 156
feasible.
(2)(a) EXCEPT AS PROVIDED IN DIVISION (A)(2)(b) OF THIS 159
SECTION, NO PRISONER SHALL BE ASSIGNED TO ANY JOB WITH THE OHIO 160
PENAL INDUSTRIES, OR TO ANY OTHER JOB LEVEL OR JOB GRADE OF 161
PRISONER EMPLOYMENT THAT THE DIRECTOR OF REHABILITATION AND 162
CORRECTION MAY DESIGNATE, UNLESS THE PRISONER HAS OBTAINED A HIGH 163
SCHOOL DIPLOMA OR A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.
(b) DIVISION (A)(2)(a) OF THIS SECTION DOES NOT APPLY TO 166
EITHER OF THE FOLLOWING:
(i) A PRISONER WHO IS DETERMINED, IN ACCORDANCE WITH A 168
PROCEDURE APPROVED BY THE DIRECTOR, TO BE INCAPABLE OF OBTAINING 169
A DIPLOMA OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE; 170
(ii) A PRISONER WORKING IN THE OHIO PENAL INDUSTRIES AS OF 173
FEBRUARY 1, 1999, WHO APPLIED ON OR BEFORE MAY 1, 1999, FOR 174
ENROLLMENT IN A PROGRAM LEADING TO A DIPLOMA OR A CERTIFICATE OF
HIGH SCHOOL EQUIVALENCE, AND WHO HAS BEEN ENROLLED IN THAT 175
PROGRAM FOR LESS THAN ONE YEAR. 176
(3) Each prisoner shall be required to perform his THE 178
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PRISONER'S job satisfactorily, be permitted to be absent from his 179
THE PRISONER'S job only for legitimate reasons, be required to 180
comply with all security requirements, and be required to comply 181
with any other reasonable job performance standards. 182
(3)(4) A prisoner who advances from one job grade to the 184
next higher job grade within the job level, advances from one job 185
level to the next higher job level, or advances from one job 186
category to the next highest job category shall receive 187
additional benefits in accordance with the rules adopted pursuant 188
to division (B) of section 5145.03 of the Revised Code. 189
(4)(5) A prisoner shall not be eligible for a job in 191
private industry or agriculture, unless he THE PRISONER meets the 192
requirements of the department for private employment that are 193
set forth in rules adopted pursuant to division (B) of section 194
5145.03 of the Revised Code. 195
(5)(6) A prisoner who violates the work requirements of 197
any job grade, level, or category shall be disciplined pursuant 198
to the disciplinary procedure adopted pursuant to division (B)(9) 199
of section 5145.03 of the Revised Code. 200
(B) The department of rehabilitation and correction may 202
administer the program that it is required to establish by 203
division (A) of section 5145.16 of the Revised Code in any manner 204
that is consistent with division (A) of this section, division 205
(B) of section 5145.03, and section 5145.16 of the Revised Code. 206
Section 2. That existing sections 5139.07, 5145.06, and 208
5145.161 of the Revised Code are hereby repealed. 209
Section 3. Section 5139.07 of the Revised Code is 211
presented in this act as a composite of the section as amended by 212
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 213
Assembly, with the new language of neither of the acts shown in 215
capital letters. This is in recognition of the principle stated 216
in division (B) of section 1.52 of the Revised Code that such 217
amendments are to be harmonized where not substantively 218
irreconcilable and constitutes a legislative finding that such is 219
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the resulting version in effect prior to the effective date of 220
this act.