As Reported by the House Criminal Justice 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-OELSLAGER-BRADY-MUMPER-WATTS-SPADA-DiDONATO- 9
LATELL-BLESSING-HARRIS-NEIN-ESPY-RAY-WHITE-ARMBRUSTER 10
REPRESENTATIVES WOMER BENJAMIN-WILLAMOWSKI-JONES-LOGAN- 11
DePIERO-HUGHES 12
_________________________________________________________________ 13
A B I L L
To amend sections 5139.07, 5145.06, and 5145.161 of 15
the Revised Code to require that prisoners in the 17
custody of the Department of Rehabilitation and 18
Correction participate in educational programs 19
and that children who are committed to the
Department of Youth Services work toward earning 20
a high school diploma, and generally to limit 22
designated types of prisoner employment to
prisoners who have earned a high school diploma 23
or certificate of high school equivalence. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 5139.07, 5145.06, and 5145.161 of 28
the Revised Code be amended to read as follows: 30
Sec. 5139.07. (A)(1)(a) As a means of correcting the 39
socially harmful tendencies of a child committed to it, the 40
department of youth services may require participation by the A 41
child TO PARTICIPATE in vocational, physical, educational, and 43
corrective training and activities, and the conduct and modes of 44
life that seem best adapted to rehabilitate the child and fit the 45
child for return to full liberty without danger to the public 47
welfare. The
(b) EXCEPT AS OTHERWISE PROVIDED, THE DEPARTMENT SHALL 49
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REQUIRE ANY CHILD COMMITTED TO IT WHO HAS NOT ATTAINED A DIPLOMA 50
OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, TO PARTICIPATE IN 51
COURSES LEADING TOWARD A HIGH SCHOOL DIPLOMA OR AN OHIO 52
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE. THIS REQUIREMENT DOES 53
NOT APPLY TO A CHILD IN AN ASSESSMENT PROGRAM OR TREATMENT 54
INTERVENTION PROGRAM PRESCRIBED BY THE DEPARTMENT.
(c) THE department may monetarily compensate the child for 57
the activities described in this section by transferring the
wages of the child for those activities to the appropriate youth 58
benefit fund created under section 5139.86 of the Revised Code. 59
This
(d) THIS section does not permit the department to release 63
a child committed to it from institutional care or institutional 64
care in a secure facility, whichever is applicable, other than in 65
accordance with sections 2151.38, 5139.06, 5139.38, and 5139.50 66
to 5139.54 of the Revised Code.
(2) THE FAILURE OF THE DEPARTMENT OF YOUTH SERVICES TO 68
PROVIDE, PURSUANT TO DIVISION (A)(1) OF THIS SECTION, AN 69
OPPORTUNITY FOR ANY CHILD COMMITTED TO IT TO PARTICIPATE IN 70
COURSES THAT LEAD TO A HIGH SCHOOL DIPLOMA OR AN OHIO CERTIFICATE 71
OF HIGH SCHOOL EQUIVALENCE, DOES NOT GIVE RISE TO A CLAIM FOR 72
DAMAGES AGAINST THE DEPARTMENT.
(B) The department may require a child committed to it to 74
return to the child's home or to be placed in a foster care 76
placement if it is authorized to make a placement of that nature 77
under sections 2151.38, 5139.06, 5139.38, and 5139.50 to 5139.54 78
of the Revised Code. Any placement of that nature shall be made 79
in accordance with those sections. The legal residence of a 80
child so placed by the department is the place in which the child 81
is residing in accordance with a department order of placement. 82
The school district responsible for payment of tuition on behalf 83
of the child so placed shall be determined pursuant to section 84
3313.64 or 3313.65 of the Revised Code. 85
Sec. 5145.06. (A) The department of rehabilitation and 94
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correction shall establish and operate a school system that is 96
approved and chartered by the department of education and 97
designated as the Ohio central school system to serve all of the 98
correctional institutions under its control. The Ohio central
school system shall provide educational programs for prisoners to 99
allow them to complete adult basic education courses, earn Ohio 100
certificates of high school equivalence, or pursue vocational 101
training. To that end, the department may employ appropriately 102
certified teachers, administrators, and support staff. The 103
department shall provide classrooms, shops, and other appropriate
facilities and necessary furniture, books, stationery, supplies, 104
and equipment. 105
(B)(1) THE DEPARTMENT OF REHABILITATION AND CORRECTION 108
SHALL REQUIRE EACH PRISONER WHO HAS NOT OBTAINED A HIGH SCHOOL 109
DIPLOMA TO TAKE COURSES LEADING TOWARD AN OHIO CERTIFICATE OF 110
HIGH SCHOOL EQUIVALENCE, AN OHIO HIGH SCHOOL DIPLOMA PURSUANT TO 111
SECTION 3313.61 OF THE REVISED CODE, OR COURSES THAT PROVIDE 112
VOCATIONAL TRAINING. IF A PRISONER HAS OBTAINED A HIGH SCHOOL 113
DIPLOMA, THE DEPARTMENT SHALL ENCOURAGE THE PRISONER TO
PARTICIPATE IN A PROGRAM OF ADVANCED STUDIES OR TRAINING FOR A 115
SKILLED TRADE.
(2) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL 118
ADOPT RULES THAT PRESCRIBE DISCIPLINARY ACTIONS THAT THE 119
DEPARTMENT MAY TAKE IF A PRISONER REFUSES TO PARTICIPATE IN AN 120
EDUCATIONAL PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS 121
SECTION.
(3) THE FAILURE OF THE DEPARTMENT OF REHABILITATION AND 123
CORRECTION TO PROVIDE, PURSUANT TO DIVISION (B)(1) OF THIS 124
SECTION, AN OPPORTUNITY FOR ANY PRISONER TO PARTICIPATE IN 125
COURSES THAT LEAD TOWARD AN OHIO CERTIFICATE OF HIGH SCHOOL 126
EQUIVALENCE OR AN OHIO HIGH SCHOOL DIPLOMA, OR THAT PROVIDE 127
VOCATIONAL TRAINING, DOES NOT GIVE RISE TO A CLAIM FOR DAMAGES 128
AGAINST THE DEPARTMENT.
Sec. 5145.161. (A) The program for the employment of 137
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prisoners within the custody of the department of rehabilitation 138
and correction that the department is required to establish by 139
division (A) of section 5145.16 of the Revised Code shall be 140
administered in accordance with any rules adopted pursuant to 141
division (B) of section 5145.03 of the Revised Code and with the 142
following requirements: 143
(1) The department shall consider the nature of the 145
offense committed by a prisoner, the availability of employment, 146
the security requirements for the prisoner, his THE PRISONER'S 147
present state of mind, his THE PRISONER'S record in the 148
institution to which he THE PRISONER has been committed, and all 149
other relevant factors when assigning a prisoner to his THE 150
PRISONER'S initial job assignment. The department, when making a 152
prisoner's initial job assignment, shall attempt to develop the 153
prisoner's work skills, provide rehabilitation for the prisoner, 154
consider the proximity to the prisoner's family, and permit the 155
prisoner to provide support for his THE PRISONER'S dependents if 156
the inmate's PRISONER'S earnings are sufficient for that to be 157
feasible.
(2)(a) EXCEPT AS PROVIDED IN DIVISION (A)(2)(b) OF THIS 160
SECTION, NO PRISONER SHALL BE ASSIGNED TO ANY JOB WITH THE OHIO 161
PENAL INDUSTRIES, OR TO ANY OTHER JOB LEVEL OR JOB GRADE OF 162
PRISONER EMPLOYMENT THAT THE DIRECTOR OF REHABILITATION AND 163
CORRECTION MAY DESIGNATE, UNLESS THE PRISONER HAS OBTAINED A HIGH 164
SCHOOL DIPLOMA OR A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.
(b) DIVISION (A)(2)(a) OF THIS SECTION DOES NOT APPLY TO 167
EITHER OF THE FOLLOWING:
(i) A PRISONER WHO IS DETERMINED, IN ACCORDANCE WITH A 169
PROCEDURE APPROVED BY THE DIRECTOR, TO BE INCAPABLE OF OBTAINING 170
A DIPLOMA OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE; 171
(ii) A PRISONER WORKING IN THE OHIO PENAL INDUSTRIES AS OF 174
FEBRUARY 1, 1999, WHO APPLIED ON OR BEFORE MAY 1, 1999, FOR 175
ENROLLMENT IN A PROGRAM LEADING TO A DIPLOMA OR A CERTIFICATE OF
HIGH SCHOOL EQUIVALENCE, AND WHO HAS BEEN ENROLLED IN THAT 176
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PROGRAM FOR LESS THAN ONE YEAR. 177
(3) Each prisoner shall be required to perform his THE 179
PRISONER'S job satisfactorily, be permitted to be absent from his 180
THE PRISONER'S job only for legitimate reasons, be required to 181
comply with all security requirements, and be required to comply 182
with any other reasonable job performance standards. 183
(3)(4) A prisoner who advances from one job grade to the 185
next higher job grade within the job level, advances from one job 186
level to the next higher job level, or advances from one job 187
category to the next highest job category shall receive 188
additional benefits in accordance with the rules adopted pursuant 189
to division (B) of section 5145.03 of the Revised Code. 190
(4)(5) A prisoner shall not be eligible for a job in 192
private industry or agriculture, unless he THE PRISONER meets the 193
requirements of the department for private employment that are 194
set forth in rules adopted pursuant to division (B) of section 195
5145.03 of the Revised Code. 196
(5)(6) A prisoner who violates the work requirements of 198
any job grade, level, or category shall be disciplined pursuant 199
to the disciplinary procedure adopted pursuant to division (B)(9) 200
of section 5145.03 of the Revised Code. 201
(B) The department of rehabilitation and correction may 203
administer the program that it is required to establish by 204
division (A) of section 5145.16 of the Revised Code in any manner 205
that is consistent with division (A) of this section, division 206
(B) of section 5145.03, and section 5145.16 of the Revised Code. 207
Section 2. That existing sections 5139.07, 5145.06, and 209
5145.161 of the Revised Code are hereby repealed. 210
Section 3. Section 5139.07 of the Revised Code is 212
presented in this act as a composite of the section as amended by 213
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General 214
Assembly, with the new language of neither of the acts shown in 216
capital letters. This is in recognition of the principle stated 217
in division (B) of section 1.52 of the Revised Code that such 218
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amendments are to be harmonized where not substantively 219
irreconcilable and constitutes a legislative finding that such is 220
the resulting version in effect prior to the effective date of 221
this act.